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Karnataka land revenue code & rules 1888

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    Karnataka land revenue code & rules 1888 Karnataka land revenue code & rules 1888 Document Transcript

    • COMPILED BY SRIDHARA BABU N ADVOCATE TUMKUR – KARNATAKA INDIA KSBC: KAR: 2157/2000 PH: 9880339764 Page | 1 NOT FOR SALE- FREE TO VIEW AND DOWNLOAD http://sridharababu.blogspot.com DISCLAIMER The Information provided regarding legal subjects in my series of blogs /scribd documents is only for general awareness, Iam not responsible for any consequence through use or misuse of the same. All documents are drafted for specific needs, there is no guarantee or warrantee if its copied for any such similar causes. Errors and omissions expected. All blog web sites/ scribd documents /PDF DOCUMENTS are designed for general information only. The information presented at these sites/documents should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing my sites/documents are encouraged to seek independent counsel for advice regarding their individual legal issues. It is sincerely advised to cross check the contents with any authentic original publications and records. Citations are quoted for mere reference, please visit such citation providers to get copies of such reports. This is a free service, we do not invite reliance upon, nor accept responsibility for, the information provided in my series of blogs, scribd documents and google documents. We make every high effort to provide a accurate information, but emissions and omissions expected. However, neither we, nor the providers of data to us, nor the informations obtained from relevant court websites give any guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided. Users should confirm information from another source if it is of sufficient importance for them to do so. Several Links on the blog/scribd and ads are inserted by good belief and after visits, that they wont harm any technical hardwares, neither we nor link provider’s data and pages, give any guarantees, undertakings or warranties concerning those links. -SRIDHARA BABU.N INDEX KARNATAKA LAND REVENUE CODE, 1888 PAGE 1 TO 42 RULES UNDER THE KARNATAKA LAND REVENUE CODE, 1888 PAGE 42 TO 84 KARNATAKA LAND REVENUE CODE, 1888 1. Short title, local extent and commencement. 2. Enactments repealed. 3. Interpretation section. 4. Chief Controlling Authority in revenue matters. 5. Karnataka to be divided into districts. 6. Deputy Commissioner of District. 7. Assistant Commissioners. 8. Assistant Commissioners in-charge of taluks. 9. Deputy Commissioner of District in case of Temporary vacancy. 10. The Amildar and his Appointment. 11. The Deputy Amildar, his duties and powers. 12. Amildar or Deputy Amildar may depute subordinates to perform certain of his duties. 13. Amildar in case of temporary vacancy. 14. Stipendiary patel and village accountant to be appointed where no hereditary patel or village accountant exists. 15. Village accountant to keep such records as he may be required to keep by Government. 16. Holder of alienated village to keep such records as are prescribed by Government. 17. Survey Officers. 18. Combination of Offices. 19. Certain Appointments to be Notified. 20. Establishments. 21. Seals. 22. Government to direct what Officers shall furnish security and for what amount. 23. Fresh or Additional Security. 24. Demands for Money, Papers, etc., to be made known in writing to persons concerned. 25. Public moneys may also be recovered as arrears of revenue. 26. Surety liable in the same manner as principal. 27. An Officer or surety in jail may, by furnishing certain security, obtain his release. 28. Liability of surety not affected by death of principal or by his taking different appointment. 29. How surety may withdraw from further liability. 30. Prohibited Acts. 31. Power of fining, reducing suspending and dismissing in whom to vest. 32. All such orders to be made in writing. 33. Fine not to exceed two months' pay. 34. And how recovered. 35. Liability to criminal prosecution not affected. 36. Public roads etc., and lands which are not, the property of others, belong to Government. 37. Encroachments upon public roads, streets, etc. 38. Right to metals and minerals to vest in Government. 39. Lands may be assigned for special purposes and where so assigned shall not be otherwise appropriated without the sanction of Government. 40. Regulation of use of pasturage. 41. Right to trees in village to which survey settlement has not been introduced.
    • 42. Government trees and forests. 43. Road-side trees. 44. Recovery of value of trees, etc., unauthorisedly appropriated. 45. All land liable to pay revenue unless specially exempted. 46. Remission of assessment in cases of diluvian. 47. Land Revenue upon what descriptions of land chargeable. 48. Commuted assessment of land indirectly taxed to the State. 49. Assessment by whom to be fixed. 51. Register of alienated lands. 52. Settlement of assessment to be made with the holder directly from Government. 53. Rates for the use of water. 54. Land revenue a paramount charge on the land. Page | 2 55. Forfeited holding may be taken possession of and otherwise disposed of. 56. Receipts to be granted by Revenue Officers for payments of land revenue. 57. Penalty for failure to grant receipts. 58. Written permission of Amildar required previous to taking up unoccupied land. 59. Penalties for unauthorised occupation of land. 60. Occupancy rights to be paid for and to be liable to certain conditions. 61. Occupancy of alluvial land which vests in Government. 62. Temporary right to alluvial land of small extent. 63. Uses to which occupant of land for purposes of agriculture may put his land. 64. Penalty for so appropriating land without permission. 64-A. Deputy Commissioner's powers under Sections 63 and 64 in alienated villages. 65. Permission may be granted on terms. 66. Occupants' rights are conditional. 66-A. Deputy Commissioner's power to grant permission to occupy land temporarily. 66-B. Transfer of occupancy without Deputy Commissioner's sanction. 67. Decree or order of Competent Court to be given effect to. 68. Name of heir to be registered when registered occupant dies. 69. When entry to be amended. 70. Right of occupancy to be transferable and heritable. 71. Occupant may relinquish his occupancy. 72. Relinquishment of lands paying a lump assessment. 73. Relinquishment of alienated land. 74. Right of way to relinquished land. 75. Sections 72 and 73 not to operate in certain cases. 76. Occupant or holder to continue liable for all demands until the occupancy or holding is duly relinquished or transferred. 77. To prevent forfeiture of occupancy, certain persons other than the registered occupant may pay the land revenue. 78. Deputy Commissioner may in certain cases make co-occupant or other person registered occupant instead of selling occupancy for realization of land revenue. 79. Amount of rent payable by tenant. 80. Annual tenancy terminates on 31st March. 81. Landlord to furnish tenant with written lease. 82. Landlord entitled to written engagement from tenant. 83. Leases or agreements fixing rent in perpetuity. 84. "Kadim tenant" defined. 85. Superior holder may arrange his own terms of rent for alienated waste land. 86. Extent to which rent payable by a Kadim tenant may be enhanced. 87. Grounds for abatement of rent payable by a kadim tenant. The rent payable by a kadim tenant is liable to abatement. 87-A. Provision for remission of rent or land revenue payable by a kadim tenant in an alienated village. 88. Suit for enhancement or abatement of rent to be made to Deputy Commissioner. 89. Nothing in Sections 84 to 87 to bar the enhancement or abatement of rent by written agreement of landlord and tenant. 90. Operation of decision for enhancement or abatement of rent from what date to commence. 91. Terms of kadim tenant's leases. 92. On refusal of superior holder, tenant to apply to Deputy Commissioner for lease. 93. On refusal of tenant to accept lease or to execute reciprocal engagement, superior holder to apply to Deputy Commissioner. 94. Determination of disputes in suits under Sections 92 and 93. 95. Procedure on refusal of superior holder to grant lease as directed. 96. Procedure in suits under Sections 88, 92 and 93. 96-A. Land Revenue payable to a superior holder by an inferior holder to be a first charge on the holding. 97. Superior holders entitled to assistance in recovering rent. 98. Deputy Commissioner how to proceed on such application. 99. Government may, by commission, confer certain powers on holders of alienated lands. 100. Terms of such commission. 101. Reference must be made by holder of commission to Deputy Commissioner in certain cases. 102. When compulsory process shall cease. 103. Power under commission to extend to current and previous year's arrears. 104. Holder of commission not to enforce any unusual or excessive demand. 105. Nothing in this Chapter to prevent civil suit. 106. Revenue survey may be introduced by Government into any part of the whole of the State of Karnataka except Bellary District 107. Survey Officer may require, by general notice or by summons, suitable service from holders of land, etc. 108. Assistance to be given by holders and others in the measurement or classification of lands. 109. Survey numbers not to be less than a certain extent. 110. Recognised shares of survey numbers. 111. Officer-in-charge of survey to fix assessment. 112. Assessment not leviable without the sanction of Government, but may be fixed with or without modification by the Government for a term of years. 113. Introduction of survey settlement how to be made. 114. The fixing of assessment under Section 112 limited to ordinary land revenue. 115. Government may direct a fresh revenue survey and revision of assessment. 116. Certain improvements may be considered in fixing revised assessment. 117. Preparation of statistical and fiscal records. 118. Survey Officer or Deputy Commissioner or Assistant Commissioner to correct clerical and admitted errors in the settlement register. 119. Deputy Commissioner to keep survey records and frame village records in accordance therewith. 119-A. Assumption .of management of alienated villages by Government. 119-B. Land-holders to be deemed disqualified in certain cases. 119-C. Government management of alienated villages on application of land-holder. 119-D. Assumption of management to be notified. 120. Revenue management of villages or estates not belonging to Government that may be temporarily under Government management. 121. Maintenance of existing settlements of land revenue 122. Rules for partition of estate paying revenue to Government.
    • 123. Partition of alienated village by the Deputy Commissioner on application by co-sharers. 124. Sub-division of numbers at time of revision of survey. 125. Separate demarcation of land appropriated under Section 63 or 65. 126. Determination of village boundaries. 127. Determination of field boundaries. 128. Settlement of boundary dispute by arbitration. 129. Effect of the settlement of boundary. 130. Construction and repair of boundary marks of survey numbers and villages. 131. Responsibility for the maintenance of boundary marks. 132. Deputy Commissioner to have charge of boundary marks after introduction of the survey settlement. 133. Penalty for injuring boundary marks. 134. Limit of sites of villages, towns and cities how to be fixed, and assignment of building sites Page | 3 135. Disposal of building sites. 136. Occupancy right confirmed. 137. Existing exemptions confirmed 138. Inam lands hitherto used for purposes of agriculture only appropriated to other purposes. 139. Survey of lands in sites of villages, towns and cities how to be conducted. 140. In certain cases a survey fee to be charged. 141. Sannad to be granted without extra charge. 142. Primary responsibility. 143. Claims of Government to have precedence over all others. 144. Liability of crop for revenue of land. 145. Land revenue may be levied at any time during the revenue year. 146. Removal of crop which has been sold, etc., may be prevented until the revenue is paid. 147. In order to secure the land revenue the Deputy Commissioner may prevent the reaping of the crop. 148. Deputy Commissioner's order under last section how to be made known. 149. Reaping, etc., not to be unduly deferred. 150. Temporary attachment and management of a village or share of a village. 151. Precautionary measures to be relinquished on security being furnished. 152. Government to determine the dates, etc., on which land revenue shall be payable. 153. Arrear defaulters. 154. Liability incurred by default. 155. Certified account to be evidence as to arrears. 156. Process for recovery of arrears. 157. Revenue demands of former years; how recoverable. 158. When notice of demand may issue. 159. The occupancy or alienated holding for which arrear is due may be forfeited. 160. Distraint and sale of defaulter's movable property. By whom to be made. 161. Sale of defaulter's immovable property. 162. Exemption from distraint and sale. 163. Arrest and detention of defaulter. 164. Power of arrest by whom to be exercised. 165. Power to attach defaulter's village and take it under management. 166. Lands of such village to revert to Government free of encumbrances. 167. Application of surplus profits. 168. Restoration of a village so attached. 169. Village, etc., to vest in Government if not redeemed within twelve years. 170. All processes to be stayed on security being given. 171. Procedure in effecting sales. 172. Notification of sale. 173. Sales by whom to be made. 174. Sale of perishable articles. 175. When sale may be stayed. 176. Sales of movable property when liable to confirmation 177. Mode of payment for movable property when sale is concluded at once. 178. Mode of payment for movable property when sale is subject to confirmation. 179. Deposit by purchaser in case of sale of immovable property. 180. Purchase money when to be paid. 180-A. Permission to purchase by party entitled to payment of money. 181. Effect of default. 182. Liability of purchaser for loss by resale. 183. Notification before resale 183-A. Setting aside sale on deposit of solatium to the purchaser and arrears and arrears by person interested. 184. Application to set aside sale. 185. Order confirming or setting aside sale. 186. Refund of deposit of purchase money when sale is set aside. 187. On confirmation of sale, purchaser to be put in possession. Certificate of purchase. 187-A. Application to Civil Court by purchaser resisted in taking possession. 188. Bar of suit against certified purchaser. 189. Application of proceeds of sale. 190. Surplus not to be paid to creditors except under order of Court. 191. Liability of purchaser for revenue. 192. Claims to attached to movable property how to be disposed of. 193. What moneys leviable under the provisions of this Chapter. 193-A. Recovery of arrears accruing in C. and M. station, Bangalore. 194. Power of Government to make rules as to advances made. 195. Subordination of Revenue Officers 196. Power to summon persons to give evidence and produce documents. 197. Witness may be examined on commission under certain circumstances. 198. Summons to be in writing, signed and sealed. 199. Mode of serving notice. 200. Procedure for procuring attendance of witnesses. 201. Mode of taking evidence in formal inquiries. 202. Writing and explanation of decisions. 203. Summary inquiries, how to be conducted. 204. Formal and summary inquiries to be deemed judicial proceedings. 205. Ordinary inquiries how to be conducted. 206. Copies and translation, etc., how to be obtained. 207. Arrest of defaulter to be made upon warrant. 208. Power of Revenue Officer to enter upon any land or premises for purpose of measurement, etc. 209. Deputy Commissioner how to proceed in order to evict any person wrongfully in possession of land. 210. Appeal to lie from any order passed by a Revenue Officer to his superior.
    • 210-A. Power to Government to withdraw appeals from the Revenue Commissioner. 211. Period within which appeal must be brought. 212. Admission of appeal after period of limitation. 213. Provision, where last day for appeal falls on a holiday. 214. Copy of order to accompany petition of appeal. 215. Powers of Appellate Authority. 216. Power to suspend execution of order of subordinate Officer. 217. Power to call for and examine the records and proceedings of subordinate Officers. 218. Rules as to decisions or orders expressly made final. 219. Interpretation clause. 220. Saving of provisions of Pensions Act 221. Bar of certain suits. Page | 4 222. Saving of certain suits. 223. Bar of certain suits against Revenue Officers. 224. Punishment or prosecution of Revenue Officer, no bar to civil remedies. 225. Suits not to be entertained unless plaintiff has exhausted right of appeal. 226. Power of Government to refer questions for decision of High Court. 227. Power of Civil Judge to refer questions of jurisdiction to High Court. 228. Composition of Bench. 229. Reference of Government suits to District Judge 230. Privileges of Government in suits defended by it 231. Applicability to kayamgutta villages of provisions relating to alienated villages. 232. Maps and land registers and village accounts etc., open to inspection. 233. Power of Government to frame rules. 234. Certain rules to be published.< 235. Power to provide for penalties. 236. Omitted 237. Occupants in alienated or kayamgutta villages. 238. Construction of this Act. 239. Savings of power of Government to levy tax, cess or rate, 1001. SCHEDULE A [See Section 2] 1002. SCHEDULE B 1003. SCHEDULE C 1004. SCHEDULE D 1005. SCHEDULE E [See Section 80] 1006. SCHEDULE F 1007. SCHEDULE G [See Section 137] 1008. SCHEDULE H 1009. SCHEDULE I 1. Short title, local extent and commencement. This Act may be cited as the Karnataka Land Revenue Code, 1888. It extends to the [whole of the State of Karnataka except Bellary District.] {See the Karnataka Adaptations of Laws Order, 1953} It shall come into force on the 1st day of April, 1889. CHAPTER I Preliminary Land Revenue 2. Enactments repealed, The Acts, Rules, Notifications and Orders mentioned in the Schedule A hereto annexed are repealed, but not so as to render invalid anything done in accordance with any of them. All references made in any Act, Rule, Notification or Order, to any enactment hereby repealed, shall be read as if made to the corresponding portion of this Act. And all rules prescribed, appointments made, securities furnished, powers conferred, orders issued, and notifications published under any such enactment, and all other rules (if any) now in force and relating to any of the matters hereinafter dealt with, shall (so far as they are consistent with this Act) be deemed to have been respectively prescribed, made, furnished, conferred, issued and published hereunder And all proceedings now pending which have been commenced under any enactment hereby repealed shall be deemed to have been commenced under this Act, and shall hereinafter be conducted in accordance with the provisions of this Act. CHAPTER I Preliminary Land Revenue 3. Interpretation section. In this Act, unless there be something repugnant in the subject or context. (1) "Revenue Officer" means every Officer of any rank whatsoever employed in or about the business of the land revenue, or of the surveys, assessment, accounts or records connected therewith; (2) "Survey Officer" means an Officer appointed under, or in the manner provided by Section 17 of this Act; (3) "Land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth, and also shares in, or charges on, the revenue or rent of villages, or other defined portions of territory; (4) "Estate" means any interest in land and the aggregate of such interests vested in a person or aggregate of persons capable of holding the same; (5) "Survey Number" means a portion of land of which the area and other particulars are separately entered under an indicative number in the survey records of the village, town or city in which it is situated, and includes a recognised share of a survey number; (6) "Recognised share of a Survey Number" means sub-division of a survey number separately assessed and registered; (7) "Building site" means a portion of land held for building purposes, whether any building be actually erected thereupon or not, and includes the open ground or court-yard enclosed by, or adjacent to, any building erected thereupon;
    • (8) "Boundary Mark" means any erection, whether of earth, stone or other material, and also any hedge, vacant strip of ground, or other object, whether natural or artificial, set up, employed, or specified by a Survey Officer or other Revenue Officer having authority in that behalf, in order to designate the boundary of any division of land; (9) "To hold land" means to be legally invested with a right to the possession and enjoyment or disposal of such land, either immediate or at the termination of tenancies legally subsisting; (10) "Holder" or "Landholder" signifies the person in whom a right to hold land is vested, whether solely on his own account or wholly or partly in trust for another person, or for a class of persons or for the public. It includes a mortgagee vested with a right to possession; (11) "Holding" signifies land over which such right extends; Page | 5 (12) "Tenant" signifies a person who holds by a right derived from a superior holder called his "landlord" or from his landlord's predecessors in title, and is, or, but for a special contract, would be liable to pay rent for such land to his landlord; (13) "Rent" signifies whatsoever is paid or delivered in money or kind, or whatever service is rendered, by a tenant on account of the use or occupation of land let to him; (14) "Superior holder" signifies a holder entitled to receive from other holders rent or land revenue on account of lands held by them, whether or not such holder pays land revenue to Government on account of such lands; (15) "Inferior holder" signifies a holder liable to pay rent or land revenue to a superior holder; (16) "Occupant" signifies a holder of unalienated land, or when there are more holders than one, the holder having the highest right in respect of any such land, or where such highest right vests equally in more holders than one, any one of such holders; (17) "Registered occupant" signifies a sole occupant or the eldest or principal of several joint occupants whose name is authorizedly entered in the Government records as holding unalienated land whether in person or by his co-occupant, tenant, agent, servant, or other legal representative; (18) Occupancy" signifies the sum of the rights vested in an occupant as such; (19)"Alienated" means transferred in so far as rights of Government to payment of the rent or land revenue are concerned, wholly or partially, to the ownership) of any person; (20)the word "Village, town or city", includes all lands belonging to such village, town or city; [(2l) The words "Revenue year" mean the period from and exclusive of the 30th June, of one calendar year until and inclusive of the 30th June, in the next calendar year. The revenue year 1891-92 shall consist of fifteen months running from 1st April, 1891 to 30th June, 1892, both days inclusive;] .{Substituted by Act No. Ill of 1892} (22) "Section" means a section of this Act; (23) the words "this Chapter" mean the Chapter of this Act in which those words occur; (24) "Village Accountant" means the Officiator Shanbhog and includes every person performing any of the duties of the shanbhog; (25) "Government" means the [State Government.] {Substituted for the words "Government of His Highness the Maharaja of Mysore" by Act No. 1 of 1956} CHAPTER I Preliminary Land Revenue [4. Chief Controlling Authority in revenue matters. (1) The Chief Controlling authority in all matters connected with the land revenue is vested in the Revenue Commissioner, subject to Government (2) The Revenue Commissioner shall be appointed by Government and shall exercise the powers and discharge the duties conferred and imposed on the Revenue Commissioner under this Act, or under any other law for the time being in force and so far as is consistent therewith, all such other powers or duties of appeal, superintendence and control within the [whole of the State of Karnataka except Bellary District,] .{See the Karnataka Adaptations of Laws Order, 1953}and over the Officers subordinate to him, as may, from time to time, be prescribed by Government. (3) The Revenue Commissioner shall have such number of Assistants as the Government may, from time to time, sanction, their appointment being made by Government. Assistants so appointed shall perform such duties as the Revenue Commissioner may, from time to time, direct.] {Substituted by Act No. VI of 1906} CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 5. Karnataka to be divided into districts. The [whole of the State of Karnataka except Bellary District] {See the Karnataka Adaptations of Laws Order, 1953}shall be divided into such number of districts with such limits as may, from time to time, be prescribed by a duly published order of the Government. And each such district shall consist of such number of taluks, and each taluk shall consist of such number of villages, as may, from time to time, be prescribed in a duly published order of the Government. The present districts, taluks and villages shall remain as they are for the purposes of this Act until altered by the Government. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 6. Deputy Commissioner of District. The Government shall appoint in each district an Officer who shall be called the Deputy Commissioner of the district, [and shall be subordinate to the Revenue Commissioner] .{Inserted by Act No. VI of 1906}and who may exercise, throughout his district, all the powers and discharge all the duties conferred and imposed on a Deputy or Assistant Commissioner by this Act, or any other law for the time being in force, and in all matters not specially provided for by law shall act according to the instructions of the Government. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 7. Assistant Commissioners.
    • The Government may appoint to each district as many Assistant Commissioners as it may deem expedient. All such Assistant Commissioners and all other Officers employed in the Land Revenue Administration of the district shall be subordinate to the Deputy Commissioner. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 8. Assistant Commissioners in-charge of taluks. (1) The Government may place any Assistant Commissioner in-charge of the Revenue Administration of one or more of the taluks in a district. Page | 6 (2) Any Assistant Commissioner thus placed in-charge shall, so far as regards the taluk or taluks in his charge, perform such of the duties and exercise such of the powers imposed and conferred upon the Deputy Commissioner by this Act, or by any other law at the time being in force, as the Government may, by a general or special order, from time to time, direct. [xx xx.] {Certain words omitted by Act No. VI of 1906} (3) To such Assistant Commissioner as may not be placed in charge of taluks, the Deputy Commissioner shall, under the general or special orders of the Government, assign such particular duties and powers as he may, from time to time, see fit. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 9. Deputy Commissioner of District in case of Temporary vacancy. If the Deputy Commissioner is disabled from performing his duties, or for any reason vacates his office, or leaves his district, or dies, his Assistant of highest rank present in the district shall, unless other provision has been made by the Government, succeed temporarily to his office and shall be held to be the Deputy Commissioner of the district under this Act, until the Deputy Commissioner resumes charge of his district, or until the Government appoints a successor to the former Deputy Commissioner, and such successor takes charges of his appointment. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 10. The Amildar and his Appointment. The Chief Officer entrusted with the Local Revenue Administration of a taluk shall be called an Amildar. He shall be appointed by the Government. His duties and powers shall be such as may be expressly imposed or conferred upon him by this Act, or by any other law for the time being I in force, or as may be imposed upon or delegated to him by the Deputy Commissioner under the general or special orders of the Government. He shall, after the passing of this Act, continue to perform the duties and exercise the powers at present performed and exercised by him until such time as he is otherwise directed by Competent Authority. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 11. The Deputy Amildar, his duties and powers. Whenever it may f appear necessary, the Government may appoint a Deputy Amildar to be in charge of a defined portion of a taluk and may assign to him within his local limits such of the duties and powers of an Amildar as may, from time to time, be considered necessary. The Deputy Amildar's immediate superior authority shall, for the purposes of Section 210 of this Act, be deemed to be the Assistant Commissioner-in-charge of the taluk, or, if no Assistant Commissioner is placed in charge of the taluk, the Deputy Commissioner. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 12. Amildar or Deputy Amildar may depute subordinates to perform certain of his duties. It shall be competent to an Amildar or Deputy Amildar, subject to such general orders as may, from time to time, be passed by the [Revenue Commissioner] .{Substituted for the word "Government" by Act No. VI of 1906} or by the Deputy Commissioner, to employ any of his subordinates to perform any portion of his ministerial duties: Provided that all acts and orders of his subordinates when so employed shall be liable to revision and confirmation by such Amildar or Deputy Amildar. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 13. Amildar in case of temporary vacancy. If an Amildar is disabled from performing his duties, or for any reason vacates his office or leaves his taluk, or dies, either the Deputy Amildar, or, if there is no Deputy Amildar in the taluk, the Sheristedar of the taluk shall succeed temporarily to the said Amildar's Office, and shall be held to be the Amildar under this Act, until the Amildar resumes charge of his taluk, or until such time as a successor is duly appointed and takes charge of his appointment. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 14. Stipendiary patel and village accountant to be appointed where no hereditary patel or village accountant exists. In villages where no hereditary patel or village accountant exists, it shall be lawful for the Deputy Commissioner, under the general orders of the Government [and of the Revenue Commissioner] {Inserted by Act No. VI of 1906} to appoint a stipendiary patel or village accountant, who shall perform respectively all the duties of hereditary patels or village accountants as hereinafter prescribed in this Act, or in any other law for the time being in force, and shall hold their situations under the rules in force with regard to subordinate Revenue Officers. Nothing in this section shall be held to affect any subsisting rights of holders of alienated villages or others in respect of the appointment of patels and village accountants in such alienated or other villages. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 15. Village accountant to keep such records as he may be required to keep by Government. [Subject to the general orders of Government, the Revenue Commissioner] {Substituted for the word "Government" by Act No. VI of 1906}shall prescribe, from time to time, what registers, accounts and other records shall be kept by the village accountant and pending the first issue of orders under this section, the village accountant shall continue to keep all such registers, accounts and other records as he may hitherto have been required to keep.
    • It shall also be the duty of the village accountant to prepare, whenever called upon by the patel of his village or by any superior revenue or police Officer of the taluk or district to do so, all writings connected with the concerns of the village which are required either for the use of the Government or the public, such as notices, reports of inquests, and depositions and examinations in criminal matters. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 16. Holder of alienated village to keep such records as are prescribed by Government. (1) Every holder of an alienated village shall be bound to keep such registers, accounts, and other records as may, from time to time, be prescribed by Government to be kept for alienated villages. He shall be responsible for the punctual and correct preparation of such registers, a -counts and other records, and shall deposit with the Deputy Commissioner, true copies of such of them as the Government Page | 7 may, either by a general or special order, from time to time direct. (2) Where there is a village accountant, it shall be his duty to prepare and keep the registers, accounts and other records referred to in this section, under the control of the holder of the alienated village or his agent. (3) When the holder of the alienated village fails to keep any registers, accounts or other records or to deposit copies of them with the Deputy Commissioner, in accordance with the provisions of this section, it shall be lawful for the Deputy Commissioner, to cause such registers, accounts or other records or copies of them to be prepared by any other person and to levy the cost of such preparation from the holder of the alienated village^ as if it were a revenue demand. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 17. Survey Officers. For the purposes of Chapters VIII, IX and X of this Act, the Government may appoint such Officers as it may, from time to time, consider necessary. Such Officers shall be designated "Superintendent and Deputy Superintendent of Survey and Settlement7', "Survey Settlement Officer", and "Assistant Superintendent", or otherwise as may seem requisite, and shall be subordinated one to the other, in such order as the Government may direct. Subject to the orders of the Government, the Officers so appointed are vested with the cognizance of all matters connected with survey and settlement, and shall exercise all such powers and perform all such duties as may be prescribed by this or any other law for the time being in force. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 18. Combination of Offices. It shall be lawful for the Government to appoint one and the same person, being otherwise competent according to law, to any two or more of the Offices provided for in this Chapter, or to confer upon an Officer of one denomination all or any of the powers or duties of any other Officer or Officers within certain local limits or otherwise as may seem expedient. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 19. Certain Appointments to be Notified. The appointment of all Officers mentioned in Sections 6, 7, 8, 10, 11, 17 and 18 shall be duly notified in the Official Gazette. Any Officer appointed to act temporarily for any such Officer shall exercise the same powers and perform the same duties as might be performed or exercised by the Officer for whom he is so appointed to act. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 20. Establishments. Subject to the rules or orders made under Section 233, the appointment of all members of the establishments of the undermentioned Officers shall, unless otherwise directed by Government, be made by those Officers respectively, namely. [the Revenue Commissioner;] {Inserted by Act No. VI of 1906} the Deputy Commissioner; the Superintendent of Survey; any other Officers whom the Government may hereafter direct. The appointment of all members of the establishments of all other Officers mentioned in the foregoing sections of this Chapter and the appointment of all other subordinate Revenue Officers not hereinbefore provided for, shall be made in their respective departments by the Deputy Commissioner and the Superintendent of Survey: Provided that it shall be lawful for them to delegate such portion of this power as they may deem fit to any subordinate Officer, but subject to the retention of a right of revision at any time of the appointments which may be made by such subordinate Officers. [x x x x x.] {The second proviso omitted by Act No. VII of 1919} CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 21. Seals. The Government shall, from time to time, by notification prescribe what Revenue Officers shall use a seal and what size and description of seal shall be used by each of such Officers. Pending the issue of the first orders under this section, the seals hitherto used shall continue to be used by such Officers as have used them. CHAPTER II Constitution and Powers of Revenue Officers Land Revenue 22. Government to direct what Officers shall furnish security and for what amount. It shall be lawful for the Government to direct that such Revenue Officers as it deems fit shall, previously to entering upon their Office, furnish security to such amount as Government may in each case deem expedient, either by deposit of Government paper duly endorsed, accompanied by power to sell, or by deposit of cash in a Government Treasury or Government Savings Bank to the credit of the Government, or by the conveyance to the Government of approved immovable property, whose estimated value may bear to the amount
    • of security required any proportion prescribed by the Government, or by a bond in the form contained in Schedule B to this Act. The amount for which such security shall be furnished may be varied, from time to time, by order of the Government, which shall also determine the number of sureties to be required when security is taken in the form of Schedule B. Chapter III Of the Security to be Furnished by Certain Revenue Officers and the Liability of Principals and Sureties Land Revenue 23. Fresh or Additional Security. The Deputy Commissioner or the Superintendent of Survey may, at any time after security has been given by a Revenue Officer subordinate to him, if it appear to him that the security taken is unsatisfactory, or if the Officer is transferred to an Office for which large security is required, or for other sufficient reason, demand fresh or additional security, and, in case of the Officer failing to give such Page | 8 security within such time not less than one month as the Deputy Commissioner or Superintendent of Survey may fix after its being required of him, may suspend or dismiss him: Provided always that no greater security shall be demanded than is' required by the orders of the Government under the last preceding section. Chapter III Of the Security to be Furnished by Certain Revenue Officers and the Liability of Principals and Sureties Land Revenue 24. Demands for Money, Papers, etc., to be made known in writing to persons concerned. The Deputy Commissioner or the Superintendent of Survey, or any Officer deputed by the Deputy Commissioner or Superintendent of Survey for this purpose, shall, in all cases in which he may have a claim on any Revenue Officer or any person formerly employed as such in his district or department for public money or papers or other Government property, by writing under his Official seal, if he use one, and signature, require the money or the particular papers or property detained to be delivered either immediately to the person bearing the said writing, or to such person on such date and at such place as the writing may specify. If the Officer or other person as aforesaid shall not discharge the money, or deliver up the papers or property as directed, or fail to assign sufficient cause for non-compliance with the requisition made as aforesaid, the Deputy Commissioner or the Superintendent of Survey may cause him to be [arrested and shall inform him, as soon as may be, of the grounds for such arrest and produce him or cause him to be produced before the nearest Magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate. On such production the Magistrate may, after such enquiry as he thinks fit, order him to be confined in Civil Jail till he discharges the sums or delivers up the papers or property demanded of him, provided that no such person shall be so confined for a longer period than one month.] .{Substituted for the words "apprehended, and may send him with a warrant, in the form of Schedule C, to be confined in the civil jail till he discharges the sums or delivers up the papers or property demanded from him: Provided that no person shall be detained in confinement by virtue of such warrant for a longer period than one calendar month" by Act No. 1 of 1956} Chapter III Of the Security to be Furnished by Certain Revenue Officers and the Liability of Principals and Sureties Land Revenue 25. Public moneys may also be recovered as arrears of revenue. The Deputy Commissioner, of his own motion, if the Officer or other person is or was serving in his department and district and upon the application of the Superintendent of Survey if such Officer or person is or was serving in the Survey Department in his district, may also take proceedings to recover any public (r)-9(o)] TJ ET Tf 0 0 0 rg 1.0006 0 0 1 72 618.72 Tm [(w)-13(i)5(t)4(h)6(o)-14(u)6(t)4( )-22(t)4(h)6(e)-26( )8(a)3
    • All public roads, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of rivers, streams, nalas, lakes and tanks, and all canals, and water courses and all standing and flowing water, and all lands wherever situated, which are not the property of individuals, or of aggregates of individuals legally capable of holding property, and except in so far as any rights of such individuals may be established in or over the same, and except as may be otherwise provided in any law for the time being in force, are and are hereby declared to be, with all rights in or over the same, or appertaining thereto, the property of Government; and it shall be lawful for the Deputy Commissioner [subject to the orders of the Revenue Commissioner] {Inserted by Act No. VI of 1906} to dispose of them, in such manner, as may be authorised [by general rules sanctioned by Government,] {Inserted by Act No. VI of 1906} subject always to the right of way, and all other rights of the public or individuals legally subsisting. CHAPTER V Of Land and Revenue Land Revenue Page | 10 37. Encroachments upon public roads, streets, etc. When it is provided on a formal enquiry before the Deputy Commissioner that any public road, street or thoroughfare, or any place of public resort or use, or the bed of any river, stream, nala, tank or canal, the property of Government, has been encroached upon by any person, the Deputy Commissioner may take possession of the part encroached upon, unless such part is shown to have been held for a period of not less than twelve years. It shall be lawful for the Deputy Commissioner to clear such land by the removal of any buildings or other obstruction, in the event of the person in occupation thereof, or other persons interested, after written notice of not less than one month shall have been served upon him, failing to do so himself. CHAPTER V Of Land and Revenue Land Revenue 38. Right to metals and minerals to vest in Government. Unless it is otherwise expressly provided by the terms of any grant made, or of any other instrument of transfer executed by the Government for the time being, the right to all precious metals, precious stones, coal and other minerals to be extracted by any process of mining from any lands whatsoever, shall vest absolutely in the Government, and the Government shall [subject to the provisions of Mines and Minerals (Regulation and Development) Act, 1948 (Central Act LIII of 1948)] {Inserted by Act No. 1 of 1956}, have all the powers necessary for the proper enjoyment or disposal of such rights: Provided that (1) Nothing in this section shall be deemed to apply to lime-stone, granite and such other ordinary minerals as the Government, by notification in the Official Gazette, may from time to time exempt from the scope of this section; (2) If, for the purpose of exercising any of the rights referred to in this section either by the Government or by any person acquiring such rights from the Government, any land in the holding or enjoyment of others is required, such land may be acquired in accordance with [the Karnataka Land Acquisition Act, 1894] .{Substituted for the words and figures "the Land Acquisition Act X of 1870" by Act No. 1 of 1956}, and whenever, in the exercise of the rights aforesaid, any damage be caused to any holder of land by the disturbance of the surface of such land, and such holder and the Government be unable to agree as to the amount of compensation to be paid to such holder for such damage, the same shall be determined in accordance with the procedure prescribed by [the Karnataka Land Acquisition Act, 1894.] .{Substituted for the words and figures "the Land Acquisition Act X of 1870" by Act No. 1 of 1956} [(3) to (7) x x x x x x.] {Clauses (3) to (7) of the proviso omitted by Act No. 1 of 1956} CHAPTER V Of Land and Revenue Land Revenue 39. Lands may be assigned for special purposes and where so assigned shall not be otherwise appropriated without the sanction of Government. Subject to the general orders of the Government, [it shall be lawful for Survey Officers] .{Substituted for the words "Revenue Commissioner" by Act No. VII of 1919} whilst survey operations are proceeding under Chapter VIII of this Act and at any other time for the [Deputy Commissioner] {Substituted for the words "Revenue Commissioner" by Act No. VII of 1919} to set apart lands, the property of Government and not in the lawful occupation of any person or aggregate of persons in unalienated villages or unalienated portions of villages, for free pasturage for the village cattle, for forest reserves, or for other public or municipal purpose; and lands assigned specially for. any such purpose shall not be otherwise appropriated or assigned without the sanction of the [Deputy Commissioner] {Substituted for the words "Revenue Commissioner" by Act No. VII of 1919} and in the disposal of land under Section 36, due regard shall be had to all such special assignments.] {Amended by Act No. VI of 1906} CHAPTER V Of Land and Revenue Land Revenue 40. Regulation of use of pasturage. The right of grazing on free pasturage lands shall extend only to the cattle of the village or villages to which such lands belong or have been assigned, either by custom or by an express order of the Survey Officer or the Deputy Commissioner and shall be regulated by rules to be from time to time, either generally or in any particular instance, prescribed by the Deputy Commissioner, subject to such general rules, if any, as may be prescribed by the [Deputy Commissioner] {Substituted for the word "Government" by Act No. VI of 1906}. The Deputy Commissioner's decision as to the said right of grazing shall be final. CHAPTER V Of Land and Revenue Land Revenue 41. Right to trees in village to which survey settlement has not been introduced. (1) In villages or portions of villages to which a survey settlement has not been introduced under Bombay Act I of 1865 or under Chapter VIII of this Act the right to all trees, except such as are reserved by Government under any law relating to forests for the time being in force, shall be deemed to vest in the occupant, if any, of the land upon which they may be standing except when such trees are the property of the Government or of individuals, in which case it shall be competent for Government to transfer the right in question to the occupant under such rules as the Government may, from time to time, frame in that behalf. (2) In villages or portions of villages of which the original survey settlement has been completed before the passing of this Act, the right of Government to all trees in unalienated land, except trees reserved by Government or by any Survey Officer, whether by express order made at or about the time of such settlement, o under any rule or general order in force at the time of such settlement, or by notification made and published at or any time after such settlement, shall be deemed to have been conceded to the occupant. (3) In the case of villages or portions of villages of which the original survey settlement shall be completed after the passing of the Act, the right of Government to all trees in unalienated land shall be deemed to be conceded to the occupant of such land, except in so far as any such rights may be reserved by Government, or by any Survey Officer on behalf of Government, either expressly at or about the time of such settlement, or generally by notification made and published at any time previous to the completion of the survey settlement of such village or portion of a village. (4) When permission to occupy land has been, or shall hereafter be, granted after the completion of the survey settlement of the village,
    • or portion of village, in which such land is situate, the said permission shall be deemed to include the concession of the right of Government to all trees growing on that land which may not have been, or which shall not hereafter be, expressly reserved at the time of granting such permission, or which may not have been reserved under any of the foregoing provisions of this section, at or about the time of the original survey settlement of the said village or portion of a village. CHAPTER V Of Land and Revenue Land Revenue 42. Government trees and forests. The right to all trees specially reserved under the provisions of the last preceding section, and to all trees, brushwood, jungle or any other natural product, wherever growing, except in so far as the same may be the property of individuals or of aggregates of individuals capable of holding property, vests in the Government; and such trees, brushwood, jungle or other natural product shall be preserved or Page | 11 disposed of in such manner as Government may, from time to time, direct. CHAPTER V Of Land and Revenue Land Revenue 43. Road-side trees. All road-side trees which have been planted and reared by or under the orders of, or at the expense of, Government or at the expense of local funds, vest in Government. But in the event of such trees dying, being blown down, or being cut down by order of the Deputy Commissioner, the timber shall become the property of the holder of the land in which they were growing; and the usufruct, including the lopping of such trees, shall also vest in the said holder, provided that the trees shall not be lopped, except under the orders of the Deputy Commissioner. If the holder of any land in which such trees are growing shall so desire and shall make an application to the Deputy Commissioner for the purpose at any time within two years from the date on which this Act shall come into operation, the Deputy Commissioner shall deduct the strip of land covered by the said trees from his holding and remit thenceforward the proportionate amount of land revenue due upon the strip so deducted. Any strip of land so deducted shall, with the trees upon it, vest thereafter in Government. CHAPTER V Of Land and Revenue Land Revenue 44. Recovery of value of trees, etc., unauthorisedly appropriated. Any person who shall authorizedly fell and appropriate any trees or any portion thereof, or remove any other natural product which is the property of Government, shall be liable to Government for the value thereof, which shall be recoverable from him as an arrear of land revenue, and shall also be liable to a fine not exceeding one hundred rupees, provided that the Deputy Commissioner may, instead of imposing a fine as aforesaid, institute criminal proceedings against him in respect of his said appropriation of Government property. The decision of the Deputy Commissioner as to the value of such tree or portion thereof or other natural product shall be final. CHAPTER V Of Land and Revenue Land Revenue 45. All land liable to pay revenue unless specially exempted. All land, whether applied to agricultural or other purposes, and wherever situate, is liable to the payment of land revenue to Government according to the rules hereinafter enacted, except such as may be wholly exempted under the provisions of any special contract with the Government or any law for the time being in force. 46. Liability of alluvial lands to land revenue. All alluvial lands, newly formed islands or abandoned river-beds, which vest under any law for the time being in force, in any holder of alienated land, shall be subject, in respect of liability to the payment of land revenue, to the same privileges, conditions or restrictions as are applicable to the original holding in virtue of which such lands, islands, or river-beds, so vest in the said holder; but no revenue shall be leviable in respect of any such lands, islands or river-beds, until or unless the area of the same exceeds half an acre and also exceeds one-tenth of the area of the said original holding. CHAPTER V Of Land and Revenue Land Revenue 47. Remission of assessment in cases of diluvian. Every holder of land paying revenue in respect thereof shall be entitled, subject to such rules as may be from time to time made in this behalf by the Government, to a decrease of assessment if any portion thereof, not being less than half an acre in extent, nor less than one- tenth of the holding, is lost by diluvian. CHAPTER V Of Land and Revenue Land Revenue 48. Land Revenue upon what descriptions of land chargeable. The land revenue leviable under the provisions of this Act shall be chargeable. (a) upon land appropriated for purposes of agriculture; (b) upon land from which any other profit or advantage than that ordinarily acquired by agriculture is derived; (c) upon land appropriated for building sites. And the assessment fixed under the provisions of this act upon any land appropriated for any one of the above purposes shall be liable to be altered and fixed at a different rate when such land is appropriated for any other purpose, notwithstanding that the term, if any, for which such assessment was fixed may not have expired. When any land which is situated in an unalienated village, or which, being situated in an alienated village, is excluded from the assets thereof, has been allowed by Government to be held free of assessment or on a reduced assessment on conditions of it being appropriated to one purpose, it shall become liable to be charged with full assessment, if at any time it ceases to be appropriated for such purpose. It shall also be lawful for the Deputy Commissioner or for a Survey Officer, subject to rules or orders made in this behalf under Section 233, to prohibit the appropriation of any unalienated land liable to the payment of land revenue for certain purposes, and summarily evict any holder who may appropriate, or attempt to appropriate, the same to such prohibited purposes. CHAPTER V Of Land and Revenue Land Revenue 49. Commuted assessment of land indirectly taxed to the State.
    • (1) When it has been customary to levy any special or extra cess, fine or tax, however designated, from any holder of land, which, though nominally wholly or partially exempt from the payment of land revenue, has, by the exaction of such cess, fine or tax, been indirectly taxed to the State; or When any land ordinarily, or under certain circumstances, wholly or partially exempt from assessment, is subject occasionally, or under particular circumstances, to the payment of assessment, or of any cess, or tax, however designated; the said assessment, cess, fine, or tax may be commuted into an annual assessment on the land to be paid under all circumstances; but such commuted assessment shall not exceed such amount as the [Revenue Commissioner] {Substituted for the word "Government" by Act No. VI of 1906} shall deem to be a fair equivalent of the assessment, cess, fine or tax for which it is substituted, and shall not be in excess of the assessment to which the land would be ordinarily subject if no right to exemption existed in respect thereof. Page | 12 (2) Whenever any such cess, fine or tax hitherto payable by an inferior holder shall be made leviable from the superior holder, it shall be lawful for such superior holder to recover from such inferior holder the amount of the commuted assessment fixed in lieu of such cess, fine or tax. (3) When it has been customary to levy a larger revenue upon any portion of land than such portion would ordinarily be liable to, in consideration of other fend being held with it, which is wholly or partially exempt from payment of revenue, the excess of revenue payable on the said portion of land may be charged upon the land hitherto held, wholly or partially exempt. CHAPTER V Of Land and Revenue Land Revenue 50. Assessment by whom to be fixed. On all lands not wholly exempt from payment of land revenue, and not within the local operation of an order made under Section 106, the assessment of the amount to be paid as land revenue shall be fixed at the discretion of the Deputy Commissioner, subject to rules or order made in this behalf under Section 233, and the amounts due according to such assessment shall be levied on all such lands: Provided that in the case of lands partially exempt from land revenue, or the liability of which to payment of land revenue is subject to special conditions or restrictions, respect shall be had, in the fixing of the assessment and the levy of the revenue, to all rights legally subsisting, according to the nature of the said rights. CHAPTER V Of Land and Revenue Land Revenue 51. Register of alienated lands. A register shall be kept by the Deputy Commissioner in such form as may, from time to time, be prescribed by the Government, of all lands the alienation of which has been established or recognised under the provisions of any law for the time being in force; and when it shall be shown to the satisfaction of the Deputy Commissioner that a sannad granted in relation to any such alienated lands has been permanently lost or destroyed, he may, subject to the rules and the payment of the fees prescribed by the Government under Section 232, grant to any person whom he may deem entitled to the same, a certified extract from the said register which shall be endorsed by the Deputy Commissioner to the effect that it has been issued in lieu of the sannad said to have been lost or destroyed, and shall be deemed to be as valid a proof of title as the said sannad. CHAPTER V Of Land and Revenue Land Revenue 52. Settlement of assessment to be made with the holder directly from Government. The settlement of the assessment of each portion of land, or survey number, to the land revenue, shall be made with the person who, under Section 142, is primarily responsible to Government for the same. If the said person be absent and have left no known authorized agent in the District, so that the settlement of the assessment cannot be concluded with him, such settlement may be made with the person holding under him, or in occupation of the land. CHAPTER V Of Land and Revenue Land Revenue 53. Rates for the use of water. The Government may authorize the Deputy Commissioner or the Officer-in-charge of a survey, or such other Officer as it appoints to fix such rates as it may, from time to time, deem fit to sanction for the use, by landholders and other persons, of water the right to which vests in Government, or which has been made available in consequence of the construction, improvement or repair of any irrigational or other work by Government [or by a private person acting under the written authority of Government.] .{Inserted by Act No. I of 1891} Such rates shall be liable to revision at such periods as Government shall from time to time determine, and shall be recoverable as land revenue. CHAPTER V Of Land and Revenue Land Revenue 54. Land revenue a paramount charge on the land. [Arrears of land revenue due on account of land by any landholder shall be a paramount charge on the holding and every part thereof, failure in payment of which shall make the occupancy or alienated holding, together with all rights of the occupant or holder over all trees, crops, buildings and things attached to the land, or permanently fastened to anything attached to the land, liable to forfeiture, whereupon the Deputy Commissioner, may levy all sums in arrear by sale of the occupancy or alienated holding, or may otherwise dispose of such occupancy or alienated holding under rules or orders made in this behalf under Section 233, and such occupancy or alienated holding when disposed of, whether by sale as aforesaid, or by transfer to another persons or otherwise howsoever, except by restoration to the defaulter, shall, unless the Deputy Commissioner, otherwise directs, be deemed to be freed from all tenures, rights, incumbrances and equities theretofore created by the occupant or holder or any of his predecessors in title or in any wise subsisting as against such occupant or holder,] .{Substituted by Act No. VIII of 1916} [but so as not to affect the rights of kadim tenants or permanent tenants in alienated holdings.] {Added by Act No. XVII of 1928} CHAPTER V Of Land and Revenue Land Revenue 55. Forfeited holding may be taken possession of and otherwise disposed of. It shall be lawful for the Deputy Commissioner, in the event of the forfeiture of a holding through any default in payment or other failure occasioning such forfeiture under the last preceding section or any law for the time being in force, to take immediate possession of the land embraced within such holding, and to dispose of the same by placing it in the possession of the purchaser or other person entitled to hold it according to the provisions of this Act or any other law for the time being in force. CHAPTER V Of Land and Revenue Land Revenue
    • 56. Receipts to be granted by Revenue Officers for payments of land revenue. Every Revenue Officer, receiving payment of land revenue shall give a written receipt for the same. And every superior holder of an alienated village or of an alienated share of a village, or a duty authorized agent of such superior holder, shall give a written receipt for every payment of rent or land revenue made to him by an inferior holder. CHAPTER V Of Land and Revenue Land Revenue 57. Penalty for failure to grant receipts. Any person convicted of a breach of the provisions of the last preceding section, after summary enquiry before the Deputy Commissioner, Page | 13 shall be liable to a fine not exceeding three times the amount received for which receipt was not duly granted. CHAPTER V Of Land and Revenue Land Revenue 58. Written permission of Amildar required previous to taking up unoccupied land. Any person desirous of taking up unoccupied land which has not been alienated must, previously to entering upon occupation, obtain the permission in writing of the Amildar or Deputy Amildar, or as may be provided under rules made in this behalf under Section 233. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Land Revenue 59. Penalties for unauthorised occupation of land. Any person who shall unauthorizedly occupy any land set apart for any special purpose, or any unoccupied land which has not been alienated, shall, if the land which he unauthorizedly occupies forms part of an assessed survey number, pay the assessment of the entire number for the whole period of his occupation; and if the land so occupied by him has not been assessed, such amount of assessment as would be leviable for the said period in the same village on the same extent of similar land appropriated to the same purpose; and shall also be liable, at the discretion of the Deputy Commissioner, to a fine not exceeding five rupees, or a sum equal to ten times the amount of assessment payable by him for one year, if such sum be in excess of five rupees, if he has taken up the land for purposes of cultivation, and not exceeding such limits as may be fixed in rules or orders made in this behalf under Section 233 if he have appropriated it to any non-agricultural purpose. The Deputy Commissioner's decision as to the amount of assessment payable for the land unauthorizedly occupied, shall be final, and in determining the amount of assessment payable for the land unauthorizedly occupied, occupation for an incomplete portion of a year shall be counted as for a whole year. The person unauthorizedly occupying any such land may be summarily evicted by the Deputy Commissioner, and any crops he may have raised on the land shall be liable to forfeiture, and any building or other construction he may have erected thereon shall also, if not removed by him after such written notice as the Deputy Commissioner may deem reasonable, be liable to forfeiture. Forfeiture under this section shall be adjudged by the Deputy Commissioner, and any property so forfeited shall be disposed of as the Deputy Commissioner may direct. [On the application of the holder of an alienated village or on complaint by any aggrieved person, the Deputy Commissioner may exercise in respect of any lands situated in the alienated village the powers vested in him under this section.] {Added by Act No. XVII of 1928} CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Land Revenue 60. Occupancy rights to be paid for and to be liable to certain conditions. It shall be competent to the Deputy Commissioner, subject to such orders as may from time to time be made by the Government, to require the payment of a certain price for the occupancy, or to sell that right by auction, and to annex such conditions to the occupancy as may seem fit, before permission to occupy is granted under Section 58. The price of an occupancy shall, unless otherwise directed by the terms of the sale, include the price of the Government right to all trees not reserved under the provisions of Section 41 and shall be recoverable as an arrear of land revenue. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Land Revenue 61. Occupancy of alluvial land which vests in Government. When it appears to the Deputy Commissioner that the occupancy of any alluvial land which vests, under any law for the time being in force, in Government, may, with due regard to the interests of the public revenue, be disposed of in perpetuity, or otherwise as the Government may direct by rules or orders made in this behalf under Section 233, he shall offer the prior right of occupancy thereof to the occupant, if any, of the bank or shore on which such alluvial land has formed. The price of an occupancy so offered shall not exceed three times the annual assessment of the land of which the occupancy is offered. If the said occupant shall refuse such occupancy, the Deputy Commissioner may dispose of the same under the last preceding section without any restrictions as to the price thereof. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Land Revenue 62. Temporary right to alluvial land of small extent. When alluvial land forms on any bank or shore, the occupant, if any, of such bank or shore shall be entitled to the temporary use and occupation thereof, unless or until the area of the same exceeds half an acre, and also exceeds one-tenth of the area of his holding. When the area of the alluvial land exceeds the said extent, it shall be at the disposal of the Deputy Commissioner, subject to the provisions of the last preceding section. The word "holding", in this section and in Section 47 shall be deemed to mean a survey number, or any division of land on which a distinct or aggregate assessment has been fixed. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Land Revenue
    • 63. Uses to which occupant of land for purposes of agriculture may put his land. (1) An occupant of land appropriated for purposes of agriculture is entitled, by himself, his servants, tenants, agents, or other legal representatives, to erect farm-buildings and dwelling houses for agriculturists and their labourers, construct wells or tanks, or make any other improvements thereon for the better cultivation of the land or its more convenient occupation for the purposes aforesaid. (2) But if any occupant wishes to appropriate his holding or any part thereof to any other purpose, the Deputy Commissioner's permission shall, in the first place, be applied for by the registered occupant. The Deputy Commissioner, on receipt of such application, shall at once furnish the applicant with a written acknowledgement of its receipt, and, after inquiry, either grant or refuse the same, but if the applicant receives no answer within three months from the date of the said acknowledgement, the Deputy Commissioner's permission may be deemed to have been granted. Unless the Deputy Commissioner shall, in particular instances, otherwise direct, no such application shall be recognized, except it be made by the registered occupant. Page | 14 (3) When any such land is thus appropriated to any purpose unconnected with agriculture, it shall be lawful for the Deputy Commissioner, subject to general orders of Government, to require the payment of a fine in addition to any new assessment which may be leviable under the provisions of Section 48. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Occupant's Rights 64. Penalty for so appropriating land without permission. If any such land be so appropriated without the permission of the Deputy Commissioner being first obtained or before the expiry of three months from the date of the said acknowledgement, the occupant and any tenant or other person holding under or through him shall be liable to be summarily evicted by the Deputy Commissioner, from the land so appropriated, or from the entire field or survey number of which it may form a part, and the registered occupant shall also be liable to pay, in addition to the new assessment which may be leviable under the provisions of Section 48, for the period during which the said land has been so appropriated, such fine as the Deputy Commissioner may, subject to the general orders of the Government, direct. Any co-occupant or any tenant of any occupant, or any other person holding under or through an occupant, who shall, without any registered occupant's consent, appropriate any such land to any such purpose and thereby render the said registered occupant liable to the penalties aforesaid, shall be responsible to the said registered occupant in damages: Provided that the Deputy Commissioner may, instead of fining the registered occupant as Aforesaid, fine any co-occupant or any tenant of any occupant, or any other persons holding under or through an occupant, who may have, without the registered occupant's consent, appropriated any such land to any such purpose as aforesaid. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Occupant's Rights 64-A. Deputy Commissioner's powers under Sections 63 and 64 in alienated villages. The Deputy Commissioner may also exercise the powers under Section 63 and Section 64, in respect of land in an alienated village on the application of the holder thereof and in the case of villages to which Section 99(d) of the said Code does not apply, also on the application of the tenant of the land.] {Added by Act No. XVTI of 1928} CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Occupant's Rights 65. Permission may be granted on terms. Nothing in the last two preceding sections shall prevent the granting of the permission aforesaid in special cases on such terms as may be agreed on between Government and the registered occupant. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Occupant's Rights 66. Occupants' rights are conditional. An occupant is entitled to the use and occupation of his land for the period, if any, to which the occupancy is limited, or, if the period is unlimited, in perpetuity, conditionally on the payment of the amounts due on account of the land revenue for the same according to the provisions of this Act, or of any rules made under this Act, or of any other law for the time being in force, and on the fulfilment of any other terms lawfully annexed to his occupancy. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Occupant's Rights 66-A. Deputy Commissioner's power to grant permission to occupy land temporarily. (1) It shall be lawful for the Deputy Commissioner at anytime to grant permission to any person to occupy unalienated unoccupied land for such purposes, for such period and on such conditions as he may, subject to rules made by Government in this behalf, prescribe, and in any such case the occupancy shall, whether a survey settlement has been extended to the land or not, be held only for the period and subject to the conditions so prescribed. (2) Whenever any person occupying or in possession of any land granted under this section fails to comply with any of the conditions so prescribed, such person may be evicted by the Deputy Commissioner, after a summary inquiry. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Occupant's Rights 66-B. Transfer of occupancy without Deputy Commissioner's sanction. In any case where an occupancy is not transferable without the previous sanction of the Deputy Commissioner, and such sanction has not been granted to a transfer which has been made or which is ordered by a Civil Court or on which the Court's decree or order is founded. (a) such occupancy shall not be liable to the process of any Court, and such transfer shall be null and void; and (b) the Court, on receipt of a certificate under the hand and seal of the Deputy Commissioner to the effect that any such occupancy is not transferable without his previous sanction and that such sanction has not been granted, shall remove any attachment or other process placed on, or set aside any sale of, or affecting, such occupancy.] {Added by Act No. XVII of 1928} CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Occupant's Rights 67. Decree or order of Competent Court to be given effect to. If, by a decree or order of a Competent Court, it shall be adjudged that the occupant of any land is an inferior holder under another person, or that the occupancy is vested in another person, or if in the execution of such a decree or order the interests of the occupant in the land have been transferred by sale or otherwise to another person, such other person shall, on producing a certified copy of the
    • decree or order, or the Court's certificate of the sale, or other transfer, be deemed to be the occupant and be dealt with accordingly, and on written application being made to the Deputy Commissioner for the purpose, such change shall be made in the entry of the registered occupant's name as the circumstances require. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Occupant's Rights 68. Name of heir to be registered when registered occupant dies. On the death of a registered occupant, the Deputy Commissioner shall cause the name of his eldest son, or other person appearing to be his heir or the principal of his heirs, to be registered in his stead, and the said heir shall thereafter be deemed the registered occupant, and, subject to the provisions of the last preceding section, shall be dealt with accordingly. Page | 15 CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Occupant's Rights 69. When entry to be amended. If at any time any person shall, by production of a certificate of heirship or of a decree or order of a Competent Court, satisfy the Deputy Commissioner that he is entitled to be the registered occupant in preference to the person whose name the Deputy Commissioner has ordered to be registered under Section 68, the Deputy Commissioner shall cause the entry in the Government records to be amended accordingly. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Occupant's Rights 70. Right of occupancy to be transferable and heritable. The right of occupancy shall be deemed an heritable and transferable property subject to the provisions contained in Section 54, or otherwise prescribed by law, and shall immediately pass to the person whose agreement to become an occupant shall have been accepted by the Deputy Commissioner. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Occupant's Rights 71. Occupant may relinquish his occupancy. An occupant may, by giving written notice to the Amildar or Deputy Amildar, relinquish his occupancy, either absolutely or in favour of a specified person: provided that such relinquishment apply to the entire occupancy or to whose survey numbers, or recognized shares of survey numbers. An occupancy absolutely relinquished shall be at the disposal of Government, and shall be disposed of by the Deputy Commissioner in accordance with such rules as may, from time to time, be framed by Government in that behalf. An absolute relinquishment shall, unless otherwise directed by any special or general rules framed by Government, be deemed to have effect from the close of the current revenue year, and notice thereof must be given before the 31st March in such year, or before such other date as may be, from time to time, prescribed in this behalf for each district by the Government. A relinquishment in favour of a specified person may be made at any time. When there are more occupants than one, the notice of relinquishment must be given by the registered occupant; and the person, if any, in whose favour an occupancy is relinquished, or, if such occupancy is relinquished in favour of more persons than one, the principal of such persons, must enter into a written agreement to become the registered occupant, and his name shall thereupon be substituted in the records for that of the previous registered occupant. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Relinquishment of Occupancy 72. Relinquishment of lands paying a lump assessment. When a lump assessment is fixed upon several fields or survey numbers in the aggregate, it shall not be lawful for the occupant to relinquish as aforesaid any one or more of such fields or survey numbers except with the previous consent of the Deputy Commissioner. It shall be competent to the Deputy Commissioner to grant or refuse his consent; if he grants it, the occupancy shall be divided, and the Deputy Commissioner, shall determine the proportional amount of land revenue to be paid by each portion of it and the original occupant and the person, if any, in whose favour he relinquishes a portion of his occupancy, shall be held liable for the revenue severally assessed on their portions. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Relinquishment of Occupancy 73. Relinquishment of alienated land. The provisions of the last two sections shall apply, as far as may be, to the holders of alienated land: Provided. (a) that it shall not be lawful to relinquish as aforesaid any portion of any land held wholly or partially exempt under the circumstances described in the first paragraph of Section 49 until the commuted assessment payable in respect of such portion of land has been determined under the provisions of the said section; and (b) that if any person relinquishes land on which, under the circumstances described in Section 49, a larger revenue is levied than would ordinarily be leviable on such land, he shall be deemed to have relinquished also the land held with it which is wholly or partially except from payment of revenue. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Relinquishment of Occupancy 74. Right of way to relinquished land. If any person relinquishes land, the way to which lies through other land which he retains, the right of way through the land so retained shall continue to the future holder of the land relinquished. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Relinquishment of Occupancy 75. Sections 72 and 73 not to operate in certain cases. Nothing in Sections 72 and 73 shall affect.
    • (a) the responsibility of any share in a village for the land revenue of which the shares are all according to law or the custom of the village, jointly responsible, or (b) the validity of the terms or conditions of any lease or other express instrument under which land is, or may hereafter be, held from Government. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Relinquishment of Occupancy 76. Occupant or holder to continue liable for all demands until the occupancy or holding is duly relinquished or transferred. The registered occupant or the holder of alienated land shall continue liable for the land revenue due on the occupancy or alienated holding and for all other lawful demands of Government in respect of the same, until such rime as the occupancy or alienated holding is Page | 16 relinquished or transferred, under any of the provisions of this Act, to the name of any other person; and the Deputy Commissioner shall not be bound in any case to recognize any person to whom any interest in any portion of an occupancy or alienated holding has been assigned, unless the transfer has been recorded in the Revenue Records in accordance with the foregoing provisions. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Relinquishment of Occupancy 77. To prevent forfeiture of occupancy, certain persons other than the registered occupant may pay the land revenue. In order to prevent the forfeiture of an occupancy or alienated holding under the provisions of Section 54 or of any other law for the time being in force, through non-payment, by the registered occupant or by the holder of the alienated holding, of the land revenue due on account of the occupancy or alienated holding, it shall be lawful for any co-occupant, co-holder, co-sharer, tenant, mortgagee or other person interested in the continuance of the occupancy or alienated holding, to pay, on behalf of such registered occupant or holder, all sums due on account of land revenue, and for the Deputy Commissioner to receive the same. And in any such case, the Deputy Commissioner may give to the person who has paid the land revenue as aforesaid such aid for the recovery of the proportional amounts which he may consider to be properly payable by other persons in occupation or enjoyment of parts of a field or survey number or alienated holding as he might legally have given had the persons so paying been the registered occupants or holders of alienated holdings: Provided that nothing authorized or done under the provisions of this section shall affect the rights of the parties interested as the same may be established in any suit between such parties in a Court of competent jurisdiction. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Remedies against Forfeiture of Occupancies and Alienated Holdings 78. Deputy Commissioner may in certain cases make co-occupant or other person registered occupant instead of selling occupancy for realization of land revenue. If it shall appear to the Deputy Commissioner that a registered occupant or holder of an alienated holding has failed to pay land revenue, and has thus incurred forfeiture with a view to injure or defraud his co-occupants, co-holders, co-sharers or other persons interested in the continuance of the occupancy or alienated holding, or that a sale of the occupancy or alienated holding will operate unfairly to the prejudice of such co-occupants co-holders, co-sharers or other persons, it shall be lawful for him, instead of selling the occupancy or alienated holding, to forfeit only the interest in the same of the said registered occupant or holder of alienated holding, as the case may be, and to substitute the name of any such co-occupant, co-holder, co- sharer, or other person as registered occupant or holder thereof in the revenue records, on his payment of all sums due on account of land revenue for the occupancy or alienated holding; and such person so becoming the registered occupant or holder shall have the rights and remedies with respect to all other persons in occupation or enjoyment provided for by Section 97. CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants Occupation Remedies against Forfeiture of Occupancies and Alienated Holdings 79. Amount of rent payable by tenant. A person placed, as tenant, in possession of land by another, or, in that capacity, holding, taking or retaining possession of land permissively from or by sufferance of another, shall be regarded as holding the same at the rent, or for the services, agreed upon between them; or, in the absence of satisfactory evidence of such agreement of the rent payable or services renderable by the usage of the locality, or, if there be no such agreement or usage, shall be presumed to hold at such rent as, having regard to all the circumstances of the case, shall be just and reasonable. And, where, by reason of the antiquity of a tenancy, no satisfactory evidence of its commencement is forthcoming, and there is not any such evidence of the period of its intended duration, if any, agreed upon between the landlord and tenant, or those under whom they respectively claim title, or any usage of the locality as the duration of such tenancy, it shall, as against the immediate landlord of the tenant, be presumed to be co-extensive with the duration of the tenure of such landlord and of those who derive title under him. [Explanation. In the following cases, such a presumption shall be raised. (1) where the tenant has been recognised as a permanent tenant by the landlord or by a Court in a suit to which the landlord was a party; (2) where a tenant holds land in respect of which any alienation has been recognised by the landlord or by a Court in a suit to which the landlord was a party or where the alienation has not been contested by the landlord for twelve years from the date of the service of notice of alienation to the landlord; (3) where for the better cultivation of the holding the tenant has made permanent improvements thereon to the knowledge of the landlord and has been in undisturbed possession of the holding continuously for twelve years thereafter: provided that the landlord has made no contribution for such improvements nor recovered enhanced rent from the tenant nor given any notice in writing to the tenant that such improvements would not create any new rights; (4) where, in the absence of a contract regarding the nature and duration of the tenancy, the tenant has established that he has been in continuous possession on payment of fixed rent for a period of [twelve] {Substituted for the word "twenty" by Act No. XVII of 1939} years or more.] {Added by Act No. XVII of 1928} And where there is no satisfactory evidence of the capacity in which a person in possession of land in respect of which he renders service or pays rent to the landlord, receives, holds or retains possession of the same, it shall be presumed that he is in possession as tenant. Nothing contained in this section shall affect the right of the landlord (if he have the same either by virtue of agreement, usage or otherwise) to enhance the rent payable, or services renderable, by the tenant, or to evict the tenant for .non-payment of the rent or non- rendition of the services, either respectively originally fixed or duly enhanced as aforesaid.
    • CHAPTER VII Of Superior and Inferior Holders Tenancy Remedies against Forfeiture of Occupancies and Alienated Holdings 80. Annual tenancy terminates on 31st March. An annual tenancy shall, in the absence of proof to the contrary, be presumed to run from the end of one cultivating season to the end of the next. The cultivating season may be presumed to end on the 31st March. An annual tenancy shall, in the absence of any special agreement to the contrary, require for its termination a notice given in writing by the landlord to the tenant or by the tenant to the landlord at least three months before the end of the year of tenancy at the end of which it is intimated that the tenancy is to cease. Such notice may be in the form of Schedule E or to the like effect. Page | 17 CHAPTER VII Of Superior and Inferior Holders Tenancy Remedies against Forfeiture of Occupancies and Alienated Holdings 81. Landlord to furnish tenant with written lease. Every tenant is entitled to receive from his landlord a written lease containing the following particulars. (a) the quantity and description of land held by him, and where the fields have been numbered in the records of a Government survey or other public record, the number of each field; (b) the amount of annual rent, if any, payable for such land; (c) the instalments in which, and the dates on which, such rent is to be paid; (d) any special conditions of the lease; and (e) if the rent is payable in kind, the quantity or the share of produce to be delivered; and the time, manner and place to delivery. CHAPTER VII Of Superior and Inferior Holders Tenancy Remedies against Forfeiture of Occupancies and Alienated Holdings 82. Landlord entitled to written engagement from tenant. Every landlord who grants a lease is entitled to receive a written reciprocal engagement from the tenant, executed by the tenant and in conformity with the terms of the lease. The tender to any tenant of a lease such as he is entitled to receive shall entitle the landlord to receive a reciprocal engagement from such tenant. CHAPTER VII Of Superior and Inferior Holders Tenancy Remedies against Forfeiture of Occupancies and Alienated Holdings 83. Leases or agreements fixing rent in perpetuity. (1) Notwithstanding anything contained in Section 79, where, before the passing of this Act, any lease has been granted or any agreement entered into fixing in perpetuity the rent of unalienated land, such lease or agreement shall, when the Government revenue payable in respect of such land is enhanced, be voidable at the option of the landlord, unless the tenant agrees to pay such rent as the Deputy Commissioner or other person duly empowered in this behalf may, on the application of the landlord, determine to be fair and reasonable. (2) When the Government revenue payable in respect of such land is reduced, such rent as the Deputy Commissioner or other person duly empowered in this behalf may, on the application of the tenant, determine to be fair and reasonable, shall be accepted by the landlord. (3) The determination of the amount of rent under this section shall be such that the net profits accruing to the landlord therefrom are the same as before the enhancement or reduction of the Government revenue. CHAPTER VII Of Superior and Inferior Holders Tenancy Remedies against Forfeiture of Occupancies and Alienated Holdings 84. "Kadim tenant" defined. A tenant holding alienated land, whether situated in an alienated village or not, and paying to the superior holder of such land, by way of land revenue, a rent in money or in kind assessed at rates of land revenue assessment obtaining at the time when such land was alienated by Government, or at rates subsequently fixed in accordance with the established rates of land revenue assessment for the village, or at rates fixed by competent revenue authority or by a survey settlement, shall have a right to continue to hold such land at the rent hitherto paid for it, or, when such rent is altered in accordance with this Act, at the rent so altered. Such a tenant shall be called a "kadim tenant'. The payment of rent by the person or persons from whom a kadim tenant derives his title shall be the payment of rent by such tenant within the meaning of this section. A kadim tenant shall have all rights which are conferred by this Act upon an occupant of unalienated land. CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land 85. Superior holder may arrange his own terms of rent for alienated waste land. In the case of alienated lands which are either immemorial waste lands or lands left unoccupied through voluntary relinquishment or otherwise, it shall be lawful for the superior holder, by means of a written agreement to arrange his own terms of rent with the applicants for such lands: Provided that nothing in this section shall affect any special rights which, by law or usage having the force of law, are held by any individual or class of individuals in such waste or unoccupied lands. CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land 86. Extent to which rent payable by a Kadim tenant may be enhanced. The rent payable by a kadim tenant shall not be liable to enhancement except. (a) to the extent of the proper full assessments as fixed and recorded at a survey under Sections [111 and 120] {Substituted for the word and figures "111, 120 and 236" by Act No. XVII of 1939} or under a revision of survey under Section 115; (b) to the extent necessary for reimbursing the superior holder for any cesses assessable on lands which Government may newly impose
    • upon him; (c) to the extent of the additional value imparted to the holding by any work of irrigation or other improvement executed at the expense of the superior holder, or to the extent of any additional tax which he has been required to pay to Government by reason of the additional value imparted to the holding, whether by the use of Government water, or by any work of irrigation or other improvement executed at the expense of Government: Provided that the enhancement of rent due to additional value imparted to a holding under this section shall be fixed in accordance with the established local usage of the village, or, where there is no such local usage, in accordance with rates of assessment prevailing in neighbouring villages as regards lands, alienated or unalienated, of similar quality with similar advantages; and (d) to the extent of the increased area of the holding due to alluvion, but subject to the conditions specified in Sections 46 and 62. Page | 18 CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land 87. Grounds for abatement of rent payable by a kadim tenant. The rent payable by a kadim tenant is liable to abatement. (1) on the ground that the area of the land held by him has been diminished by diluvion or otherwise, by any cause beyond his control; (2) to the extent of any reduction of assessment at a survey or revision of survey under Sections [111, 115 and 120;] {Substituted for the word and figures "111, ] 15,120 and 236" by Act No. XVII of 1939} (3) when there has been an enhancement of rent on any of the grounds specified in clauses (b) and (c) of Section 86, to the extent to which such grounds have ceased to exist, as well as to the extent to which the holding has deteriorated in value, by reason of the superior holder's neglect to repair or maintain irrigation works and the consequent diminution of the supply of water for irrigation purposes. CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land [87-A. Provision for remission of rent or land revenue payable by a kadim tenant in an alienated village. When owing to inadequate rainfall in any tract, the Government orders remission of assessment in respect of lands in the tract, the payment of the rent or land revenue by a kadim tenant to the superior holder in respect of a land in any alienated village comprised in such tract shall be remitted to an amount prescribed by rules by the Government, and the loss of rent or land revenue incurred by the said superior holder shall be divided between the Government and the said superior holder in the proportion of the land revenue payable by the said superior holder to the Government and the total assessment of the village less than the land revenue payable by the said superior holder to the Government.] {Added bv Act No. XVII of 1939} CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land 88. Suit for enhancement or abatement of rent to be made to Deputy Commissioner. Any person entitled to have rent enhanced or abated upon any of the grounds specified in Sections 83, 86 and 87 may bring a suit before the Deputy Commissioner within whose district the land on account of which such rent is payable is situated, and such Deputy Commissioner shall decide the suit after holding a formal enquiry. CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land 89. Nothing in Sections 84 to 87 to bar the enhancement or abatement of rent by written agreement of landlord and tenant. Notwithstanding in anything contained in Sections 84 to 87 (both inclusive), an enhancement li or abatement of rent payable by a kadim tenant may be effected by agreement in writing between tenant and landlord duly registered in accordance with the provisions of any law for the time being in force relating to the registration of assurances, and Civil Courts may take cognizance of suits based upon such agreement. CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land 90. Operation of decision for enhancement or abatement of rent from what date to commence. Every decision for enhancement or abatement of rent passed by the Deputy Commissioner under Section 88 shall, except when such decision otherwise expressly directs, take effect from the commencement of the revenue year next following the date of the filing of the suit. CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land 91. Terms of kadim tenant's leases. Kadim tenants are entitled to receive leases at the rate hitherto paid by them or determined in accordance with the provisions of Section 88. All other tenants are entitled to leases on such terms as may be agreed upon between them and their landlords. CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land 92. On refusal of superior holder, tenant to apply to Deputy Commissioner for lease. When any superior holder of alienated land shall, for three months after demand, have refused to grant such lease as his tenant was entitled to receive, it shall be lawful for the latter to proceed by filing a suit before the Deputy Commissioner, who shall, after a formal enquiry decide the terms of the lease to which the tenant is entitled, and direct the superior holder to grant him such lease, and shall further award to the tenant such costs and damages as may be shown to have been incurred by him. CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land 93. On refusal of tenant to accept lease or to execute reciprocal engagement, superior holder to apply to Deputy Commissioner. When any tenant holding alienated land shall, for one month after demand, have refused to accept such a lease as the superior holder of such land was entitled to grant, or to execute a reciprocal engagement under Section 82, it shall be lawful for the superior holder to proceed by a suit before the Deputy Commissioner to enforce the acceptance of such lease. The Deputy Commissioner shall thereupon hold a formal enquiry to determine whether the lease offered is a proper one. If he shall be of opinion that the lease is a proper one, he shall pass a decision directing the tenant to accept the lease and to execute a
    • reciprocal engagement in accordance with it. If the Deputy Commissioner shall be of opinion that the lease offered is not a proper one, he shall decide what lease ought to be offered and shall pass a decision directing the tenant to accept such lease and to execute a reciprocal engagement in accordance therewith. If, within six months after the date of the Deputy Commissioner's decision, the tenant shall not have accepted the lease, as approved or amended by the Deputy Commissioner in the manner aforesaid, and shall not have executed a reciprocal engagement in accordance with the terms of such lease, the Deputy Commissioner, on the application of the superior holder and on proof of such default on the part of the tenant, shall pass an order for ejecting the tenant. CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land 94. Determination of disputes in suits under Sections 92 and 93. Page | 19 The determination of disputes regarding the amount or rates of rent in suits under Sections 92 and 93 shall be in accordance with the rules contained in Sections 86 and 87 CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land 95. Procedure on refusal of superior holder to grant lease as directed. (1) When the superior holder required by a decision under Section 92 to grant a lease refuses or delays to grant the same, the Deputy Commissioner may grant a lease under his own hand and seal in conformity with the terms of the decision, and such lease shall be of the same force and effect as if granted by such superior holder. (2) When the tenant required by a decision under Section 93 to execute a reciprocal engagement has refused or failed to execute the same, the decision shall be evidence of the amount of rent claimable from such tenant, and shall have the same force and effect as a reciprocal engagement executed by him. CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land 96. Procedure in suits under Sections 88, 92 and 93. (1) In suits under Sections 88, 92 and 93, the procedure prescribed by ^Orders IV, VI, VII, VIII, IX and XLVII of the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908) and the Arbitration Act, 1940 (Central Act X of 1940)] {Substituted for the words and figures "Chapters V, VII, VIII, XXXVII and XLVII of the Code of Civil Procedure, as extended to the whole of the State of Karnataka except Bellary District] by Act II of 1884" by Act No. 1 of 1956}, shall be followed in so far as the same may be applicable to them. (2) An appeal shall lie to the High Court from all decisions passed by a Deputy Commissioner under Sections 88, 92 and 93, and from all orders passed in execution of any such decision: Provided that the appeal be presented to the High Court within ninety days of the Deputy Commissioner's decision or order. But no such decision or order shall be set aside otherwise than upon the merits, for any want of form or irregularity in procedure. CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land [96-A. Land Revenue payable to a superior holder by an inferior holder to be a first charge on the holding. Any rent or land revenue payable by an inferior holder to a superior holder together with interest at rates fixed by any rules framed by Government, shall be a first charge on the holding or any part thereof, provided that nothing in this section shall affect any right of the Government or any right of encumbrance created by the inferior holder with the consent of the superior holder in writing registered on or before the date of this Act coming into force.] {Added by Act No. V of 1912} CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m Alienated Land 97. Superior holders entitled to assistance in recovering rent. Superior holders (other than occupants of unalienated lands in villages, the settlement of which has not been completed under Bombay Act I of 1865 or under Chapter VIII of this Act) shall be entitled to apply to the Deputy Commissioner in writing for assistance, by the use of precautionary and other measures, for the recovery of rent or land revenue payable to them by inferior holders or by co-sharers in their holdings, under the same rules, except that contained in Section 143, and in the same manner as prescribed in Chapter XI of this Act for the realization of land revenue by the Government: [Provided that such application be made within two years, and in the case of alienated or kayamgutta villages into which survey arui settlement have been introduced, within six years from the end of the revenue year or the year of tenancy in which the said rent or land revenue became payable;] {Substituted by Act No. XXI of 1940} And provided further that, when such application is for the recovery of rent or land revenue from an inferior holder, it is based. Firstly, upon a written agreement duly executed by such inferior holder and registered in accordance with the law for the time being in force for the registration of assurances; or Secondly, upon a decision passed under any of the foregoing provisions of this Chapter; or Thirdly, upon the records of a revenue settlement in force for the time being as proved by Government accounts or by accounts which Government recognizes for the purpose of this section. CHAPTER VII Of Superior and Inferior Holders Tenancy Recovery of Superior Holders' Dues 98. Deputy Commissioner how to proceed on such application. On application being made under Section 97 to the Deputy Commissioner, he shall cause a written notice thereof to be served on the inferior holder or co-sharer fixing a day for inquiry into the case. On the day so fixed, he shall hold a summary inquiry, and shall pass an order for rendering assistance to the superior holder for the recovery of such amount, if any, of rent or land revenue as appears to him upon the evidence before him to be lawfully due. But if it appears to the Deputy Commissioner that the question at issue between the parties is of a complicated nature, he may in his discretion either refuse the assistance asked for, or, if the land to which the dispute relates has been assessed under the provisions of Chapter VIII of this Act, or at any survey settlement confirmed by Section 121, grant assistance to the extent only of the assessment so fixed upon the said land. Nothing in this .section shall prevent either party from having recourse to the Civil Counts to recover from the other such amount as he may deem to be still due to him, or to have been levied from him in excess of what was due, as the case may be.
    • CHAPTER VII Of Superior and Inferior Holders Tenancy Recovery of Superior Holders' Dues 99. Government may, by commission, confer certain powers on holders of alienated lands. It shall be lawful for the Government at any time to issue a commission to any holder of alienated lands, conferring upon him all or any of the following powers in respect of the land specified in such commission, namely. (a) to demand security for the payment of the land revenue or rent due to him, and, if the same be not furnished, to take such precautions as the Deputy Commissioner is authorized to take under Sections 147 to 149, except the power to fine under para 3 of Section 148, or to sell the crop under Section 149; (b) to attach the property of persons making default in the payment of such land revenue or rent as aforesaid; Page | 20 [ (c) to exercise the powers of a Deputy Commissioner under Sections 63 and 64;] .{Clause (c) omitted and the other clauses renumbered by Act No. XVII of 1939} (d) to receive notices of relinquishment under Section 71, and to determine the date up to which such notices shall be received as in that section provided; and (e) to take measures for the maintenance and repair of boundary marks in the manner provided for Survey Officers in Section 130: [Provided that the powers contemplated in clauses (c) to (e), both inclusive, shall be conferred only on holders of lands to which a survey settlement has been extended] .{The words and figures "under the provisions of Section 236" omitted by Act No. XVII of 1930} . And provided further that the Government may in its discretion invest any holders of alienated village with any of the powers of a Deputy Commissioner under this Act, when such holder has, within the thirty years before the passing of this Act, regularly exercised corresponding powers whenever the estate has been in his own management. CHAPTER VII Of Superior and Inferior Holders Tenancy Grant of Special Powers to Holders of Alienated Lands 100. Terms of such commission. Every such commission shall be in the form of Schedule F, and shall be liable to be withdrawn at the pleasure of Government; and a commission may, if the Government see fit, be issued to one or more agents of a holder of alienated lands as well as to the holder in person. CHAPTER VII Of Superior and Inferior Holders Tenancy Grant of Special Powers to Holders of Alienated Lands 101. Reference must be made by holder of commission to Deputy Commissioner in certain cases. If the holder of any such commission attach a defaulter's property, he shall make an immediate report to the Deputy Commissioner of his having done so. Should the demand on account of which the attachment has been made appear to the Deputy Commissioner, after such enquiry as he may deem fit to make, to be just, he shall give orders for the sale of the property, and a sale shall be conducted agreeably to the provisions of Sections 171 to 192 either by the Deputy Commissioner or his subordinates or by the holder if the Government, by an order under the last proviso to Section 99, has authorised the holder to conduct such sale. CHAPTER VII Of Superior and Inferior Holders Tenancy Grant of Special Powers to Holders of Alienated Lands 102. When compulsory process shall cease. All compulsory process shall cease. On the defaulter's paying or tendering the "amount demanded of him under protest; or On his furnishing either to the holder of the commission or his agent or agents, or to the Deputy Commissioner, satisfactory security in the form of Schedule D, or to similar effect. And any holder of any such commission as aforesaid, by himself or his agents, proceeding with any compulsory process after payment made or tendered as aforesaid, or after the furnishing of such security as aforesaid, or after tender thereof, shall be liable, on conviction in a summary inquiry before the Deputy Commissioner, to a penalty not exceeding three times the amount of the revenue sought to be recovered by such compulsory process. CHAPTER VII Of Superior and Inferior Holders Tenancy Grant of Special Powers to Holders of Alienated Lands 103. Power under commission to extend to current and previous year's arrears. The power conferred by any such commission shall extend to the enforcement of the payment of the revenue or rent of the current revenue year and of the revenue year next immediately preceding, but not that of former years. CHAPTER VII Of Superior and Inferior Holders Tenancy Grant of Special Powers to Holders of Alienated Lands 104. Holder of commission not to enforce any unusual or excessive demand. The holder of any such commission shall not enforce a demand for revenue or rent in excess of what any inferior holder has paid previously to the date of such demand, or of what he may have contracted to pay by an instrument in writing duly registered in accordance with the law for the time being in force relating to the registration of assurances, or of what may have been decided as the proper amount of rent by a decision under Section 88, 92 or 93. In the event of a dispute, the Deputy Commissioner shall hold a summary enquiry and decide what is just, and the holder of the commission shall not enforce a demand for more than what is so decided to be just. The person against whom any demand shall have been enforced in excess of the amount of which payment is lawfully enforceable, shall be entitled to recover, on conviction of the holder of the commission in a summary inquiry before the Deputy Commissioner, three times the amount of any such excessive demand by way of damages and the sum so due by the holder of the commission shall be leviable from him as an arrear of land revenue. CHAPTER VII Of Superior and Inferior Holders Tenancy Grant of Special Powers to Holders of Alienated Lands 105. Nothing in this Chapter to prevent civil suit. Nothing contained in the provisions of this Chapter shall prevent parries holding the relation of landlord and tenant from seeking remedy in Civil Courts on matters not specially provided for in this Chapter. CHAPTER VII Of Superior and Inferior Holders Tenancy Grant of Special Powers to Holders of Alienated Lands
    • 106. Revenue survey may be introduced by Government into any part of [the whole of the State of Karnataka except Bellary District] .{See the Karnataka Adaptations of Laws Order, 1953}. It shall be lawful for the Government, whenever it may seem expedient, to direct the survey of any land in any part of the [whole of the State of Kamataka except Bellary District] .{See the Karnataka Adaptations of Laws Order, 1953}, with a view to the settlement of the land revenue, and to the record and preservation of rights connected therewith, or for any other similar purpose, and such survey shall be called a revenue surve. Such survey may extend to the lands of any village, town or city generally, or to such land only as the Government may direct; and, subject to the orders of the Government, it shall be lawful for the Officers conducting any such survey to except from the survey settlement any land to which it may not seem expedient that such settlement should be applied. The control of every such revenue survey shall vest in, and be exercised by, the Government. Page | 21 CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 107. Survey Officer may require, by general notice or by summons, suitable service from holders of land, etc. It shall be lawful for the Survey Officer deputed to conduct or take part in any such survey to require, by general notice, or by summons, the attendance of holders of land and of all persons interested therein, in person or by legally constituted agent duly instructed and able to answer all material questions, and the presence of taluk and Village Officers, who, in their several stations and capacities, are legally, or by usage, bound to perform service in virtue of their respective offices, and to require from them such assistance in the operations of the survey, and such service in connection therewith, as may not be inconsistent with the position of the individual so called on. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 108. Assistance to be given by holders and others in the measurement or classification of lands. It shall be lawful for the Survey Officer to call upon all holders of land and other persons interested therein to assist in the measurement or classification of the lands to which the survey extends, by furnishing flag-holders; and in the event of a necessity for employing hired labour for this or other similar object incidental to survey operations, it shall be lawful to assess the cost thereof, with all contingent expenses, on the lands surveyed for collection as a revenue demand. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 109. Survey numbers not to be less than a certain extent. Except as hereinafter provided, no survey number comprising land used for purposes of agriculture only shall be made of less extent than a minimum to be fixed from time to time for the several classes of land in each district by the [Revenue Commissioner.] .{Substituted for the word "Government" by Act No. VI of 1906} A record of the minima so fixed shall be kept in the Amildar's office in each taluk, and shall be open to the inspection of the public at all reasonable time. [Exception 1. These provisions shall not apply to survey numbers which have already been made of less extent than the minima so fixed or which may be so made under the authority of the Revenue Commissioner given either generally or in any particular instance in this behalf; and any survey number separately recognised in the survey records shall be deemed to have been authorizedly made, whatever be its extent. Exception 2. Survey numbers may, from time to time, and at any time be divided into so many sub-divisions as may be required in view of the acquisition of rights in land or for any other reason.] {Substituted by Act No. XVII of 1928.} CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 110. Recognised shares of survey numbers. Recognised shares of survey numbers shall be subject to the same provisions of this Act as are applicable to entire survey numbers, except. (a) that it shall not be obligatory to demarcate such shares separately; and (b) that if any such share is relinquished by the occupant absolutely under the provisions of Section 71, the occupancy thereof shall be offered to the occupants of the other shares of the same survey number in the order of the relative largeness of the amounts payable by them, respectively, on account of the assessment of their said shares; and that, in the event of their all refusing the occupancy of the said share, the assessment thereon shall, until such time as the entire number is relinquished by them, be levied from them in proportion to the amounts of assessment payable by them as aforesaid. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 111. Officer-in-charge of survey to fix assessment. (1) Subject to rules or orders made in this behalf under Section 233, the Officer-in-charge of a survey shall have authority to fix the assessment for land revenue at his discretion on all lands within the local operation of an order made under Section 106 not wholly exempt from land revenue, and the amounts due according to such assessment shall, subject to the provisions of Section 112, be levied on all such lands. (2) The power to assess under this section shall, in the case of lands used for purposes of agriculture alone, include power to assess, whether directly on the land, or in the form of a rate or cess upon the means of irrigation in respect of which no rate is levied under Section 53, or in any other manner whatsoever that may be sanctioned by Government. (3) In fixing the assessment under this section, regard shall be had to the requirements of the proviso to Section 50 (4) Nothing in this section shall be deemed to prevent the Survey Officer aforesaid from determining and registering the proper full assessment on lands wholly exempt from payment of land revenue, or on all lands especially excepted under Section 106 from the survey settlement, or from dividing all such lands to which the survey extends into survey numbers. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated
    • Lands 112. Assessment not leviable without the sanction of Government, but may be fixed with or without modification by the Government for a term of years. The assessment fixed by the Officer-in-charge of a survey shall not be levied without the sanction of Government. It shall be lawful for the Government to declare such assessment, with any modification which it may deem necessary, fixed for a term of years not exceeding thirty in the case of lands used for the purposes of agriculture alone, and in the case of all other lands for any term or in perpetuity: Provided that nothing in this section shall prevent the Government from fixing the assessment on lands held on coffee tenure or granted for fuel or timber plantations for any term or in perpetuity subject to such conditions as it may prescribe. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Page | 22 Lands 113. Introduction of survey settlement how to be made. When, in the case of lands used for the purposes of agriculture alone, Government shall have sanctioned the assessments fixed by the Officer-in-charge of the survey, it shall be the duty of the said Officer, or of the Deputy Commissioner, or Assistant Commissioner, publicly to announce, or to cause to be announced, the assessment fixed on each survey number, or recognized share of a survey number. The said Officer, 6r, the Deputy Commissioner, or Assistant Commissioner shall, at d reasonable time beforehand, cause public notice to be given, in such manner as he shall deem fit, of the time at or about which the assessments will be announced as aforesaid. If the holder or other person interested in any holding do not appear in person or by agent, he shall be subject, nevertheless, to the same liabilities as if he had attended. When the assessments have been announced in the manner provided in the first clause of this section, the survey settlement shall be held to have been introduced. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 114. The fixing of assessment under Section 112 limited to ordinary land revenue. The fixing of the assessment under the provisions of Section 112 shall be strictly limited to the assessment of the ordinary land revenue, and shall not operate as a bar to the levy of any cess which it shall be lawful for the Government to impose under the provisions of any law for the time being in force for purposes of local improvement, such as the construction, maintenance and improvement of schools, village and district roads, bridges, tanks, wells, accommodation for travellers, and the like, or of any rate for the use of water which may be imposed under the provisions of Section 53. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 115. Government may direct a fresh revenue survey and revision of assessment. It shall be lawful for the Government to direct at any time a fresh revenue survey or any operation subsidiary thereto, but no enhancement of assessment shall take effect till the expiration of the period previously fixed under the provisions of Section 112, or of Bombay Act I of 1865. A revised assessment shall be fixed, not with reference to improvements made from private capital and resources during the currency of any settlement made under this act, or under Bombay Act I of 1865, but with reference to general considerations of the value of land, whether as to soil or situation, prices of produce, or facilities of communication. When, in fixing the assessment of any land, regard is had to a natural advantage thereof, and that advantage cannot be fully utilised except by means of an improvement which has not been made at the time of fixing the assessment, nothing in this section shall prevent the Government from foregoing its demand for a portion of the assessment until the expiration of such period after the improvement has been made, as, having regard to the reasonable claims of the person making the improvement and the expediency of encouraging improvements, it may think fit. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 116. Certain improvements may be considered in fixing revised assessment. Nothing in the last preceding section shall be held to prevent a revised assessment being fixed with reference to any improvement effected at the cost of Government. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 117. Preparation of statistical and fiscal records. :It shall be the duty of the Survey Officer, on the occasion of making or revising a settlement of land revenue to prepare a register, to be called "the Settlement Register", showing the area and assessment of each survey number, together with the name of the registered occupant of such survey number, and other records, in accordance with such orders as may from time to time be made in this behalf by Government. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 118. Survey Officer or Deputy Commissioner or Assistant Commissioner to correct clerical and admitted errors in the settlement register. The Survey Officer, or, if the survey settlement have been introduced under the provisions of Section 113 by the Deputy Commissioner or Assistant Commissioner, the Deputy Commissioner or Assistant Commissioner shall at any time correct, or cause to be corrected any clerical errors and any errors which the parties interested admit to have been made in the Settlement Register. The Superintendent of Survey or the Deputy Commissioner shall receive and enquire into all applications made to him at anytime within two years after the introduction of the survey settlement for the correction of any wrong entry of a registered occupant's name in the said register, and if satisfied that an error has been made, whether through fraud, collusion, oversight, or otherwise, shall correct or cause the same to be corrected, notwithstanding that all the parties interested do no admit the error; but he shall not receive any such application at any time after two years from the date of the introduction of the survey settlement, unless good cause be shown to his satisfaction for the delay in making such application, and no such correction of the said register shall be made in consequence of any
    • application made after the said period of two years, except with the previous sanction of Government. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 119. Deputy Commissioner to keep survey records and frame village records in accordance therewith. The Deputy Commissioner shall keep the settlement register and such other records, prepared by the Survey Officer, as Government shall direct, and shall cause the village records and accounts to be prepared in accordance therewith. He shall not make any alterations or corrections in the settlement register, but shall cause to be registered in the village records and accounts all changes that may take place, and anything that may affect any of the rights or interests therein recorded. Page | 23 CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 119-A. Assumption .of management of alienated villages by Government. The Deputy Commissioner may, with the previous sanction of the State Government, take over temporarily the management of an alienated village within the local limits of his jurisdiction, the holder of which is disqualified to manage his own property: Provided that in the case of a holder disqualified under clause (b) of Section 199-B, such assumption shall be sanctioned only where the State Government is of opinion that it is expedient in the interests of the general public to preserve the property of such holder. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 119-B. Land-holders to be deemed disqualified in certain cases. The following holders of alienated villages shall, for the purposes of Section 119-A, be deemed to be disqualified to manage their own property, namely. (a) Minors; (b) Persons declared by the District Court, on the application of the Deputy Commissioner and after such judicial inquiry as it thinks necessary, to be incapable of managing or unfit to manage their own property owing to. (i) any physical or mental defect or infirmity; or (ii) such habits as cause, or are likely to cause, injury to their property or to the well-being of their inferior holders; and (c) Persons adjudged by a competent Civil Court to be of unsound mind and incapable of managing their affairs. The State Government may, by an order, release the property from its management as soon as the holder ceases to be a minor or the disability has ceased or for any other reason. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 119-C. Government management of alienated villages on application of land-holder. Any holder of an alienated village may apply in writing to the State Government to take over the management of his village and the State Government may on such application, where it is of opinion that it is expedient in the interests of the general public to preserve the property of such holder, order the Deputy Commissioner within the local limits of whose jurisdiction the village lies to assume the management of the village of the applicant. Explanation. In every case where property is held by co-sharers, whether as co-sharers in a family undivided according to Hindu Law or otherwise, an application signed by all the co-sharers shall, for the purposes of this section, be 4eemed to be an application by the holder of the village. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 119-D. Assumption of management to be notified. (1) Whenever the State Government takes over the management of alienated villages under Section 119-A or 119-C, the fact of such assumption, and the date on which it was sanctioned by the State Government shall be notified in the official Gazette and in such other manner as the State Government may, by general or special order, direct. (2) On and with effect from the date of such notification, the whole of the village of such holder, shall be deemed to be under the management of the State Government.] {Sections 119-A to 119-D substituted for Sections 119-A and 119-B by Act No. 1 of 1956} CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 120. Revenue management of villages or estates not belonging to Government that may be temporarily under Government management. (1) In the event of any alienated village or estate coming under the temporary management of Government Officers, it shall be lawful for the Deputy Commissioner to let out the lands thereof at rates determined by means of a survey settlement, or at such other fixed rates as he may deem to be reasonable, and to sell the occupancy of unoccupied lands by auction, and otherwise to conduct the revenue management thereof under the rules for the management of unalienated lands, so far as such rules may be applicable, and for so long as the said village or estate shall be under the management of Government Officers: Provided; however, that any written agreements relating to the land, made by the superior holder of such village or estate, shall not be affected by any proceedings under this section in so far as they shall not operate to the detriment of the lawful claims of Government on the land. [(2) x x x x x.] {Sub-section (2) omitted by Act No. 1 of 1956} CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 121. Maintenance of existing settlements of land revenue.
    • Existing survey settlements of land revenue, made, approved and confirmed under the authority of the Government, shall be, and are hereby declared to be, in force, subject to the provisions of this Act. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Grant of Special Powers to Holders of Alienated Lands 122. Rules for partition of estate paying revenue to Government. The following rules shall be enforced at the partition of any estate paying land revenue to Government, namely. (1) the estate shall be divided as far as possible according to survey numbers without sub-dividing any number; but if the partition Page | 24 cannot be completely effected without sub-dividing a number, such sub-division may be made by the Deputy Commissioner, subject to the provisions of Section 109; (2) any number or sub-division of a number, which may remain over after the partition has been carried out, as far as possible according to the last rule, and which is incapable of sub-division or of further sub-division owing to the provisions of Section 109, shall be made over to one of the sharers in consideration of his paying to the other sharers the value in money of their shares in the same, or shall be sold and the proceeds divided amongst all the sharers, or otherwise disposed of, as the Deputy Commissioner thinks fit; (3) the expenses necessarily and properly incurred in making such partition shall be recoverable as a revenue demand in such proportions as the Deputy Commissioner thinks fit from the sharers at whose request it is made, or from the persons interested in such partition. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Partition 123. Partition of alienated village by the Deputy Commissioner on application by co-sharers. Whenever any one or more co-sharers in an alienated village into which a revenue survey has been introduced consent to a partition of the said estate, it shall be lawful for the Deputy Commissioner, or for any other Officer duly empowered by him in this behalf, subject to the rules contained in the last preceding section, to divide the said village into shares according to the respective rights of the co-sharers, and to allot such shares to the co-sharers: Provided that no such partition shall be made, unless. (a) all the co-sharers are agreed as to the extent of their respective rights in the village; and (b) the assessment of the share or shares or the sharer or sharers consenting to such partition exceeds one half of the assessment of the entire village. In such cases the expenses of partition shall be recovered under rule (3) of the last preceding section from all the co-sharers in the village divided. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Partition 124. Sub-division of numbers at time of revision of survey. At the time of a revision of survey, it shall be in the discretion of the Officer-in-charge of the survey, subject to the provisions of Section 109 and to any departmental rules or order in this behalf at the time in force, to sub-divide any survey number into two or more distinct numbers, and to enter the names and liabilities of the persons whom he shall deem entitled to be recognised as registered occupants of such sub-divisions in the settlement register separately. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Partition 125. Separate demarcation of land appropriated under Section 63 or 65. When any portion of cultivable land is appropriated under the provisions of Section 63 or 65 for any non-agricultural purpose, the portion so appropriated may, with the sanction of the Deputy Commissioner, be demarcated, and made into a separate number at any time, notwithstanding the provisions of Section 109. CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey Settlements Partition 126. Determination of village boundaries. The boundaries of villages j situated in the [whole of the State of Karnataka except Bellary District] {See the Karnataka Adaptations of Laws Order, 1953}shall be fixed, and all disputes relating thereto shall be determined by Survey Officers, or by such other Officers as may be nominated by Government for the purpose, who shall be guided by the following rules. Rule 1. When the patels and other Village Officers of any two or more adjoining villages, and, in the case of an alienated village, the holder thereof or his duly constituted agent, shall voluntarily agree to any given line of boundary as the boundary common to their respective villages, the Officer determining the boundary shall require the said parties to execute an agreement to that effect, and shall then mark off the boundary in the manner agreed upon. And any village boundary fixed in this manner shall be held to be finally settled, unless it shall appear to the said Officer that the agreement has been obtained by fraud, intimidation, or any other illegal means. Rule 2. If the patels and other Village Officers, and, in the case of an alienated village, the holder thereof or his duly constituted agent, do not agree to fix the boundaries of their respective villages in the manner prescribed in the preceding rule, or if it shall appear to the said Officer that the agreement has been obtained by fraud, intimidation or any other illegal means, or if there be any pending dispute, the said Officer shall make a survey and plan of the ground in dispute, exhibiting the land claimed by the contending parties, and all particulars relating thereto, and shall hold a formal enquiry into the claims of the said parties, and therafter make an award in the case. If either of the villages concerned be alienated, an award made by a Survey Officer shall, unless the Officer making it be the Superintendent of Survey, be subject to his confirmation. CHAPTER IX The Settlement of Boundaries and The Construction and Maintenance of Boundary Marks Partition 127. Determination of field boundaries. If, at the time of survey, the boundary of a field or holding be undisputed, and its correctness be affirmed by the Village Officers then present, it may be laid down as pointedout by the holder or person in occupation, and if disputed, or if the said holder or person in
    • occupation be not present, it shall be fixed by the Survey Officer according to the village records, and according to occupation as ascertained from the Village Officers and the holders of adjoining lands, or on such other evidence or information as the Survey Officer may be able to procure. If any dispute arise concerning the boundary of a field or holding which has not been surveyed, or if, at any time after the survey records have been handed over to the Deputy Commissioner, a dispute arise concerning the boundary of any survey number, it shall be determined by the Deputy Commissioner, who shall be guided, in the case of survey numbers, by the survey records, if they afford satisfactory evidence of the boundary previously fixed, and, if not, by such other evidence as he may be able to procure. CHAPTER IX The Settlement of Boundaries and The Construction and Maintenance of Boundary Marks Partition 128. Settlement of boundary dispute by arbitration. Page | 25 If the several parties concerned in a boundary dispute agree to submit the settlement thereof to an arbitration committee, and make application to that effect in writing, the Officer whose duty it would otherwise be to determine the boundary shall require the said parties to nominate a committee of not less than three persons, within a specified time, and if, within a period to be fixed by the said Officer, the committee so nominated or a majority of the members thereof arrive at a decision, such decision, when confirmed by the said Officer or if the said Officer be a Survey Officer lower in rank than a Superintendent of Survey, by the Superintendent of Survey shall be final: Provided that the said Officer or the Superintendent of survey shall have power to remit the award or any of the matters referred to arbitration, to the reconsideration of the same committee for any of the causes set forth in [Section 16 of the Arbitration Act, 1940 (Central Act X of 1940).] {Substituted for the words and figures "Section 520 of the Code of Civil Procedure" by Act No. 1 of 1956. If the committee appointed in the manner aforesaid fail to effect a settlement of the dispute within the time specified, it shall be the duty of the Officer aforesaid, unless he, or, if the said Officer is a Survey Officer lower in rank than a Superintendent of Survey, the Superintendent of Survey, see fit to extend the time, to settle the same as otherwise provided in this Act. CHAPTER IX The Settlement of Boundaries and The Construction and Maintenance of Boundary Marks Partition 129. Effect of the settlement of boundary.- [(1) The settlement of the boundary under any of the foregoing provisions of this Chapter shall be determinative. (a) of the proper position of the boundary line or boundary marks; and (b) of the rights of the landholders on either side of the boundary fixed in 'respect of the land adjudged to appertain, or not to appertain, to their respective holdings.] {Section 129 renumbered as sub-section (1) of that section and sub-section (2) added by Act No. V of 1934.} (2) Where a boundary has been so fixed, the Deputy Commissioner may at any time summarily evict any landholder who is wrongfully in possession of any land which has been adjudged in the settlement of a boundary not to appertain to his holding or to the holding of any person through or under whom he claims. CHAPTER IX The Settlement of Boundaries and The Construction and Maintenance of Boundary Marks Partition 130. Construction and repair of boundary marks of survey numbers and villages. It shall be lawful for any Survey Officer authorised by a Superintendent of Survey or Settlement Officer to cause to be constructed or repaired boundary marks of villages or survey numbers, whether cultivated or uncultivated, and to assess all charges incurred thereby on the holders or others having an interest therein. Such Officer may require landholders to construct or repair their boundary marks by a notification, which shall be posted in the chavadi or other public place in the village to which the lands under survey belong, directing the holders of survey numbers to construct or repair, within a specified time, the boundary marks of their respective survey numbers, and on their failure to comply with the requisitions so made, the Survey Officer shall then construct or repair them, and assess all charges incurred thereby as hereinbefore provided. A general notification issued in the manner aforesaid shall be held to be good and sufficient notice to each and every person having any interest in any survey numbers within the limits of the lands to which the survey extends. The size, material and description of boundary marks shall be such as may, under the orders of Government, be fixed by the Superintendent of Survey, according to the requirements of soil and climate. CHAPTER IX The Settlement of Boundaries and The Construction and Maintenance of Boundary Marks Boundary Marks 131. Responsibility for the maintenance of boundary marks. Every landholder shall be responsible for the maintenance and good repair of the boundary marks of his holding, and for any charges reasonably incurred on account of the same by the Revenue Officers in cases of alteration, removal, or disrepair. It shall be the duty of village Officers and servants to prevent the destruction or unauthorized alteration of the village boundary marks. < CHAPTER IX The Settlement of Boundaries and The Construction and Maintenance of Boundary Marks Boundary Marks 132. Deputy Commissioner to have charge of boundary marks after introduction of the survey settlement. When the survey settlement shall have been introduced into a district, the charge of the boundary marks shall devolve on the Deputy Commissioner, and it shall be his duty to take measures for their maintenance and repair, and for this purpose the powers conferred on Survey Officers by Section 130 shall vest in him. CHAPTER IX The Settlement of Boundaries and The Construction and Maintenance of Boundary Marks Boundary Marks 133. Penalty for injuring boundary marks. Any person convicted, after a summary enquiry before the Deputy Commissioner, or before a Survey Officer not lower in rank than an Assistant Superintendent of Survey, of wilfully erasing, removing or injuring a boundary mark, or unauthorisedly erecting a boundary mark, shall be liable to a fine not exceeding fifty rupees for each mark so erased, removed, injured, or erected. CHAPTER IX The Settlement of Boundaries and The Construction and Maintenance of Boundary Marks Boundary Marks 134. Limit of sites of villages, towns and cities how to be fixed, and assignment of building sites. It shall be lawful for the Deputy Commissioner or for a Survey Officer acting under the general or special orders of Government, to
    • determine what lands are included within the site of any village, town or city, to fix, and from time to time to vary the limits of the same, respect being had to all subsisting rights of landholders, and to set apart for building sites within such limits any lands which may be the property of Government and not in the lawful occupation of any person or aggregate of persons, provided that no land hitherto used for purposes of agriculture only shall be set apart for building sites except under the special or general sanction of the Government. Land already set apart for building sites within the sites of any village, town or city, shall be deemed to have been so set apart under this section. CHAPTER X Of Land Within The Sites of Villages, Towns and Cities Boundary Marks 135. Disposal of building sites. It shall be lawful for the Deputy Commissioner [or such other authority as the Government may authorise in this behalf] .{Inserted by Act Page | 26 No. XVII of 1928}to dispose of lands set apart for building sites under Section 134, in such manner as may be directed by rules which the Government may, from time to time, frame in that behalf, either subject to or exempt from liability to payment of land revenue, as may be directed by such rules. CHAPTER X Of Land Within The Sites of Villages, Towns and Cities Boundary Marks 136. Occupancy right confirmed. The existing right of occupancy of all lands within the sites of villages, towns and cities, is hereby confirmed so far as the interest of Government is concerned, only excepting the case of encroachments, as provided for in Section 37 of this Act. CHAPTER X Of Land Within The Sites of Villages, Towns and Cities Boundary Marks 137. Existing exemptions confirmed. Existing exemptions from payment of land revenue of lands situate within the sites of villages, towns and cities are hereby confirmed. Firstly, if such lands be alienated lands recognized by Competent Authority as wholly or partially exempt from the payment of land revenue; Secondly, if such lands, being other than lands ordinarily used for purposes of agriculture, have been held wholly or partially exempt from payment of land revenue at the time of the introduction of this Act; Thirdly, if such lands, being ordinarily used for purposes of agriculture, have been held exempt from payment of land revenue at the time of the introduction of this Act, having been excepted from a survey settlement already introduced on the ground of their being backyards or hittals attached to buildings or of its being deemed inexpedient to apply a survey settlement to them. (2) The Government may from time to time make, and from time to time vary or rescind, rules. (a) declaring the nature, extent, description and situation of lands ordinarily used for purposes of agriculture within the sites of villages, towns and cities, to which a survey settlement shall not be applied and which shall be exempt from land revenue; and (b) fixing the assessment on lands not exempt from land revenue, and situated within the sties of villages, towns and cities, for any term or in perpetuity, anything in Section 112 notwithstanding. CHAPTER X Of Land Within The Sites of Villages, Towns and Cities Boundary Marks 138. Inam lands hitherto used for purposes of agriculture only appropriated to other purposes. If any land within the sites of any village, town or city, hitherto ordinarily used for agricultural purposes only and partially exempt from the payment of land revenue, be appropriated to any other purposes, it shall be liable to the payment of one-eighth of the rate fixed for unalienated land used for similar purposes in the same locality, in addition to the quit-rent payable in respect of such land. CHAPTER X Of Land Within The Sites of Villages, Towns and Cities Boundary Marks 139. Survey of lands in sites of villages, towns and cities how to be conducted. If the Government shall at any time deem it expedient to direct a survey of the lands other than those used ordinarily for the purposes of agriculture only within the site of any village, town or city, under the provisions of Section 106, or a fresh survey thereof under the provisions of Section 115; such survey shall be conducted, and all its operations shall be regulated, according to the provisions of Chapters VIII and DC of this Act, due regard being had to all existing exemptions from the payment of land revenue confirmed by Section 137: Provided that nothing contained in Sections 107, 108, 111 para (2), 113 or 126 thereof shall be considered applicable to any such survey in any town or city containing more than two thousand inhabitants. CHAPTER X Of Land Within The Sites of Villages, Towns and Cities Boundary Marks 140. In certain cases a survey fee to be charged. When a survey is extended under the provisions of the last preceding section to the site of any town or city containing more than two thousand inhabitants, each holder of a building site shall be liable to the payment of a survey fee to be assessed by the Deputy Commissioner under such rules as may be prescribed in this behalf from time to time by Government: Provided that the said fee shall in no case exceed rupees five for each survey number. The said survey fee shall be payable within six months from the date of a public notice to be given in this behalf by the Deputy Commissioner after the completion of the survey of the site of the town or city or such part thereof as the notice shall refer to. CHAPTER X Of Land Within The Sites of Villages, Towns and Cities Boundary Marks 141. Sannad to be granted without extra charge. Every holder of a building site as aforesaid shall be entitled, after payment of the said survey fee, to receive from the Deputy Commissioner without extra charge one or more sannads, in the form of Schedule 'G', specifying by plan and description the extent and conditions of his holding: Provided that, if such holder do not apply for such sannad or sannads at the time of payment of the survey fee or thereafter within six months from the date of the public notice issued by the Deputy Commissioner under the last preceding section, the Deputy Commissioner may require him to pay an additional fee not exceeding one rupee for each sannad.
    • Every such sannad shall be executed on behalf of the Government by such Officer as may, from time to time, be lawfully empowered to execute the same. CHAPTER X Of Land Within The Sites of Villages, Towns and Cities Boundary Marks 142. Primary responsibility. The registered occupant shall be primarily responsible to Government for the land revenue of unalienated land, and the superior holder shall be primarily responsible to Government for the land revenue of alienated land. On failure of the person primarily responsible to Government for the land revenue to pay the same according to the rules legally prescribed in that behalf, it may be recovered from the co-occupant of unalienated land or the co-sharer of alienated land, or in either Page | 27 case from the inferior holder or person in actual occupation of the land. When the land revenue is recovered from any such occupant, co-sharer, inferior holder, or other person, he shall be allowed credit for all payments which he may have made to the registered occupant, or superior holder, or to his landlord, at or after the prescribed or usual times of such payments and he shall be entitled to credit in account with the registered occupant or superior holder or with his landlord for the amount recovered from him. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Boundary Marks 143. Claims of Government to have precedence over all others. The claim of Government to any moneys recoverable under the provisions of this Chapter shall have precedence over any other debt, demand or claim whatsoever, whether in respect of mortgage, judgment decree, execution or attachment, or otherwise, howsoever, against any land or the holder thereof. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Priority of Government Claim for Land Revenue 144. Liability of crop for revenue of land. In all cases, the land revenue, for a revenue year, of land used for agricultural purposes, if not otherwise discharged, shall be recoverable, in preference to all other claims, from any crop planted or harvested during such year on the land subject to the same. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Priority of Government Claim for Land Revenue 145. Land revenue may be levied at any time during the revenue year. The land revenue shall be leviable on or at any time after the first day of the revenue year for which it is due; but, except when precautionary measures are deemed necessary under the provisions of Sections 148 to 150, payment will be required only on the dates to be fixed under the provisions hereinafter contained. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Land Revenue when leviable 146. Removal of crop which has been sold, etc., may be prevented until the revenue is paid. When the crop of any land or any portion of the same is sold, mortgaged or otherwise disposed of, whether by order of a Civil Court or other public authority or by private agreement, the Deputy Commissioner may prevent its being removed from the land until the revenue of the said land recoverable under Section 144 has been paid, whether the date fixed for the payment of the same, under the provisions hereinafter contained, has yet arrived or not. But in no case shall a crop, or any portion of the same, which has been sold, mortgaged, or otherwise disposed of, be detained on account of more than one year's revenue. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Precautionary Measures for the Security of the Land Revenue 147. In order to secure the land revenue the Deputy Commissioner may prevent the reaping of the crop. It shall be lawful for the Deputy Commissioner, in order to secure the payment of the land revenue by the enforcement of the lieu of Government on the crop. (a) to require that the crop growing on any land liable to the payment of land revenue shall not be reaped until a notice in writing has first been given to himself or to some other Officer to be named by him in this behalf, and such notice has been returned endorsed with an acknowledgement of its receipt; (b) to direct that no such crop shall be removed from the land on which it has been reaped, or from any place in which it may have been deposited, without the written permission of himself or of some other Officer as aforesaid; (c) to cause watchmen to be placed over any such crop to prevent the unlawful reaping or removal of the same, and to realise the amount required for the remuneration of the said watchmen, at such rate not exceeding the rate of pay received by the peons on his establishment as he may deem fit, as an arrear of land revenue due in respect of the land to which such crop belongs. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Precautionary Measures for the Security of the Land Revenue 148. Deputy Commissioner's order under last section how to be made known. The Deputy Commissioner's order under either clause (a) or clause (b) of the last preceding section may be issued generally to all the holders of land paying revenue to Government in a village, or to individual holders merely. If the order be general, it shall be made known by public proclamation to be made by beat of drum in the village and by affixing a copy of the order in the chavadi, or some other public building in the village. If it be to individual holders4, a notice thereof shall be served on each holder concerned. Any person who shall disobey any such order after the same has been so proclaimed, or a notice thereof has been served upon him, or who shall, within the meaning of the Indian Penal Code, abet the disobedience of any such order, shall be liable, on conviction after summary inquiry by the Deputy Commissioner, to a fine not exceeding double the amount of the land revenue due on the land to which the crop belongs in respect of which the offence is committed. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Precautionary
    • Measures for the Security of the Land Revenue 149. Reaping, etc., not to be unduly deferred. The Deputy Commissioner shall not defer the reaping of the crop, or prolong its deposit unduly so as to damage the produce; and if, within two months after .the crop has been deposited, the revenue due has not been discharged, he shall either release the crop and proceed to realize the revenue in any other manner authorized by this Chapter, or take such portion thereof as he may deem fit for sale under the provisions of this Chapter applicable to sales of movable property in realization of the revenue due and of all legal costs, and release the rest: Provided that the limit of two months shall not apply to articles of a perishable nature which shall immediately be sold as provided in Section 174. Page | 28 CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Precautionary Measures for the Security of the Land Revenue 150. Temporary attachment and management of a village or share of a village. If, owing to disputes among the sharers, or for other cause, the Deputy Commissioner shall deem that there is reason to apprehend that the land revenue payable in respect of any holding consisting of an entire village or of a share of a village will not be paid as it falls due, he may cause the village or share of a village to be attached and taken under the management of himself or any agent whom he appoints for that purpose. The provisions of Section 166 shall apply to any village or share of a village so attached, and all surplus profits of the land attached, beyond the cost of such attachment and management, including the payments of the land revenue and the cost of the introduction of a revenue survey, if the same be introduced under the provisions of Section 120, shall be kept in deposit for the eventual benefit of the person or persons entitled to the same or paid to the said person or persons from time to time, as the Deputy Commissioner, subject to the orders of the [Revenue Commissioner] .{Substituted for the word "Government" by Act No. VI of 1906}may direct. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Precautionary Measures for the Security of the Land Revenue 151. Precautionary measures to be relinquished on security being furnished. The precautionary measures authorized by the last five sections shall be relinquished if the person primarily responsible for the payment of revenue, or any person who would be responsible for the same if default were made by the person primarily responsible, shall pay the costs, if any, lawfully incurred by the Deputy Commissioner up to the time of such relinquishment, and shall furnish security satisfactory to the Deputy Commissioner for the payment of the revenue at the time at which, or in the instalments, if any, in which, it is payable under the provisions hereinafter contained. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Precautionary Measures for the Security of the Land Revenue 152. Government to determine the dates, etc., on which land revenue shall be payable. Land revenue, except when it is recovered under the provisions of the foregoing Sections 146 to 150, shall be payable at such times, in such instalments, to such persons and at such places as may, from time to time, be determined by the orders of Government. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Regulation of payment of Land Revenue 153. Arrear defaulters. Any sum not so paid becomes thereupon an arrear of land revenue; and the persons responsible for it, whether under the provisions of Section 142 or of any other section, become defaulters. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Defaulters 154. Liability incurred by default. If any instalment of land revenue be not fully paid within the prescribed time, it shall be lawful for the Deputy Commissioner to proceed to levy at once the entire balance of land revenue due by the defaulter for the current revenue year, in addition to such charge as a penalty, or by way of interest, as may be authorised according to a scale to be fixed, from time to time, under the orders of the Government. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Defaulters 155. Certified account to be evidence as to arrears. A statement of account certified by the Deputy Commissioner or by an Assistant Commissioner shall, for the purposes of this Chapter, be conclusive evidence of the existence of the arrear of the amount of land revenue due, and of the person who is the defaulter. On receipt of such certified statement, it shall be lawful for the Deputy Commissioner of one district to proceed to recover the demands of the Deputy Commissioner of any other district under the provisions of this Chapter as if the demand arose in his own district. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Defaulters 156. Process for recovery of arrears. An arrear of land revenue may be recovered by the following processes. (a) by serving av. (d) by sale of the defaulter's immovable property under Section 161; (e) by arrest and imprisonment of the defaulter under Sections 163 and 164; (f) in the case of alienated holdings consisting of entire villages, or shares of villages by attachment of the said villages or shares of villages under Sections 165 to 169. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Recovery of Arrears
    • 157. Revenue demands of former years; how recoverable. The said process may be employed for the recovery of arrears of former years as well as of the current revenue year, but the preference given by Section 143 shall, except in cases falling under Section 54, apply only to demands for the current revenue year, i and the preference given by Section 144 shall apply only to demands for the year in which the corp is planted or harvested: Provided that any process commenced in the current year shall be entitled to the said preferences, notwithstanding that it may not be fully executed within that year. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Recovery of Arrears 158. When notice of demand may issue. Page | 29 A notice of demand may be issued on or after the day following that on which the arrear accrues. The [Revenue Commissioner] .{Substituted for the word "Government" by Act No. VI of 1906} may, from time to time, frame rules for the issue of such notices, and [with the sanction of the Government shall fix] .{Inserted by Act No. VI of 1906}the costs recoverable from the defaulter as an arrear of revenue, and direct by what Officer such notices shall be issued. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Notice of Demand 159. The occupancy or alienated holding for which arrear is due may be forfeited. The Deputy Commissioner may declare the occupancy or alienated holding in respect of which an arrear, of land revenue is due to be forfeited to Government, and sell or otherwise dispose of the same under the provisions of Sections 54 and 55, and credit the proceeds, if any, to the defaulter's accounts. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Forfeiture of Occupancy or Alienated Holding 160. Distraint and sale of defaulter's movable property. By whom to be made. The Deputy Commissioner may also cause the defaulter's movable property to be distrained and sold. Such distraint shall be made by such Officers or class of Officers as the [Revenue Commissioner] .{Substituted for the word "Government" by Act No. VI of 1906} [xxx xxx xxx] .{The words "under the orders of Government" omitted by Act No. VIII of 1920}may, from time to time, direct. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Sale of Defaulter's Property 161. Sale of defaulter's immovable property. The Deputy Commissioner may also cause the right, title and interest of the defaulter in any immovable property, other than the land on which the arrear is due, to be sold. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Sale of Defaulter's Property 162. Exemption from distraint and sale. All such property as is by the Civil Procedure Code exempted from attachment, or sale in execution of a decree, shall also be exempted from distraint or sale under either of the last two preceding sections The Deputy Commissioner's decision as to what property is so entitled to exemption shall b6 final. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Sale of Defaulter's Property 163. Arrest and detention of defaulter.-x x x x x.] .{Section 163 omitted by Act No. 1 of 1956} CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Arrest and Imprisonment 164. Power of arrest by whom to be exercised.-x x x x x.] .{Section 164 not printed since this section is consequential to Section 163 which was omitted by Act No. 1 of 1956} CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Arrest and Imprisonment 165. Power to attach defaulter's village and take it under management. If the holding in respect of which an arrear is due consists of an entire village or of a share of a village, and the adoption of any of the other processes before specified is deemed inexpedient, the Deputy Commissioner may, with the previous sanction of the [Revenue Commissioner,] .{Substituted for the word "Government" by Act No. VI of 1906}cause such village or share of a village to be attached, and taken under the management of himself or any agent or Officer whom he appoints for that purpose. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Attachment of Villages 166. Lands of such village to revert to Government free of encumbrances. [(1) The lands of any village or share of a village so attached shall revert to Government unaffected by the acts of the superior holder or of any of the sharers, or by any charges or liabilities subsisting against such lands or against such superior holder or sharers as are interested therein, so far as the public revenue is concerned, but without any prejudice in other rejects to the rights of individuals; and the Deputy Commissioner, or the agent or Officer so appointed, shall be entitled to manage the lands attached, and to receive all rents and profits accruing therefrom to the exclusion of the superior holder or any of the sharers thereof, until the, Deputy Commissioner restores the said superior holder to the management thereof.] .{Section 166 renumbered as sub-section (1) by Act No. V of 1934} ["(2) The Deputy Commissioner or the agent or Officer so appointed shall, during such management, be entitled to recover under the previsions of this Chapter all such rents or profiles accruing in or after the revenue year in which such attachment was effected, provided that proceedings for such recovery are taken within six years from the end of the revenue year for which the said rent or profit became due.] .{Added by Act No. V of 1934}
    • CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Attachment of Villages 167. Application of surplus profits. All surplus profits of the lands attached, beyond the cost of such attachment and management, including the payment of the current revenue and the cost of the introduction of a revenue survey, if the same be introduced under the provisions of Section 120 of this Act, shall be applied in defraying the said arrear. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Attachment of Villages Page | 30 168. Restoration of a village so attached. The village or share of a village so attached shall be released from attachment, and the management thereof shall be restored to the superior holder, on the said superior holder making an application to the Deputy Commissioner for that purpose at any time within twelve years from the 1st April next after the attachment, if at the time that such application is made it shall appear that the arrear has been liquidated, or if the said superior holder shall be willing to pay the balance, if any, still due by him, and shall do so within such period as the Deputy Commissioner may prescribe in that behalf. The Deputy Commissioner shall make over to the superior holder the surplus receipts, if any, which have accrued in the year in which his application for restoration of the village or share of a village is made, after defraying all arrears and costs, but such surplus receipts, if any, of previous years shall be at the disposal of Government. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Attachment of Villages 169. Village, etc., to vest in Government if not redeemed within twelve years. If no application be made for the restoration of a village or portion of a village so attached within the said period of twelve years, or if, after such application has been made, the superior holder shall fail to pay the balance, if any, still due by him, within the period prescribed by the Deputy Commissioner in this behalf, the said village or portion of a village shall thenceforward vest in Government free from all encumbrances created by the superior holder or any of the sharers or any of his or their predecessors in title or in any wise subsisting as against such superior holder or any of the sharers, but without prejudice to the rights of the actual occupants of the soil. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Attachment of Villages 170. All processes to be stayed on security being given. Any defaulter detained in custody, or imprisoned, shall forthwith be set at liberty, and the execution of any process shall, at any time, be stayed, on the defaulters giving before the Deputy Commissioner or other person nominated by him for the purpose, or if the defaulter is in jail, before the Officer-in-charge of such jail, security in the form of Schedule D satisfactory to the Deputy Commissioner, or to such other person or Officer. And any person against whom proceedings are taken under this Chapter may pay the amount claimed, under protest, to the Officer taking such proceedings, and upon such payment the proceedings shall be stayed, and the person, if in custody, shall be forthwith set at liberty. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Stay of Proceedings 171. Procedure in effecting sales. When any sale of either movable or immovable property is ordered under the provisions of this Chapter, the Deputy Commissioner shall issue a proclamation in Kanarese of the of the intended sale, specifying the time and place of sale, and in the case of movable property, whether the sale is subject to confirmation or not, and, when land paying revenue to Government is to be sold, the revenue assessed upon it, together with any other particulars he may think necessary. Such proclamation shall be made by beat of drum at the headquarters of the taluk, and in the village in which the immovable property is situate, if the sale be of immovable property; if the sale be of movable property, the proclamation shall be made in the village in which such property was seized, and in such other places as the Deputy Commissioner may direct. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 172. Notification of sale. A written notice of the intended sale of immovable property, and of the time and place thereof, shall be affixed in each of the following places, viz., the office of the Deputy Commissioner of the district, the office of the Amildar or Deputy Amildar of the taluk in which the immovable property is situate, the chavadi or some other public building in the village in which it is situate and the defaulter's dwelling place. In the case of movable property, the written notice shall be affixed in the Amildar's or Deputy Amildar's Office, and in the chavadi or some other public building in the village in which such property was seized. The Deputy Commissioner may also cause notice of any sale, whether of movable or immovable property to be published in any other manner that he may deem fit. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 173. Sales by whom to be made. Sales shall be made by auction by such persons as the Deputy Commissioner may direct. No such sale shall take place on a general holiday recognized by Government, nor until after the expiration of at least thirty days in the case of immovable property, or seven days in the case of movable property, from the latest date on which any of the said notices shall have been affixed as required by the last preceding section. The sale may, from time to time, be postponed for any sufficient reason.
    • CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 174. Sale of perishable articles. Nothing in the last three sections applies to the sale of perishable articles. Such articles shall be sold by auction with the least possible delay, in accordance with such orders as may, from time to time, be made by the Deputy Commissioner either generally or specially in that behalf. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales Page | 31 175. When sale may be stayed. If the defaulter, or any person on his behalf, pay the arrear in respect of which the property is to be sold, and all other charges legally due by him, at any time before the property is knocked down, to the person appointed under Section 152 to receive payment of the land revenue due, or to the Officer appointed to conduct the sale, or if he furnish security under Section 170, the sale shall be stayed. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 176. Sales of movable property when liable to confirmation. Sales of perishable articles shall be at once finally concluded by the Officer conducting such sales. All other sales of movable property shall be finally concluded by the Officer conducting such sales, or shall be subject to confirmation, as may be directed in orders to be made by the Deputy Commissioner either generally or specially in that behalf. In the case of sales made subject to confirmation, the Deputy Commissioner shall direct by whom such sales may be confirmed. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 177. Mode of payment for movable property when sale is concluded at once. When the sale of any movable property is finally concluded by the Officer conducting the same the price of every lot shall be paid for at the time of sale, or as soon after as the said Officer shall direct, and in default of such payment, the property shall forthwith be again put up and sold. On payment of the purchase money, the Officer holding the sale shall grant a receipt for the same, and the sale shall become absolute as against all persons whomsoever. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 178. Mode of payment for movable property when sale is subject to confirmation. When the sale of any movable property is subject to confirmation, the party who is declared to be the purchaser shall be required to deposit immediately twenty-five percentum on the amount of his bid, and in default of such deposit, the property shall forthwith be again put up and sold. The full amount of purchase money shall be paid by the purchaser before sunset of the day after he is informed of the sale having been confirmed, or if the said day be an authorized holiday, then before sunset of the first office day after such day. On payment of such full amount of the purchase money, the purchaser shall be granted a receipt for the same and the sale shall become absolute as against all persons whomsoever, CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 179. Deposit by purchaser in case of sale of immovable property. In all cases of sale of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately twenty- five per centum on the amount of his bid, and, in default of such deposit, the property shall forthwith be again put up and sold. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 180. Purchase money when to be paid. The full amount of purchase money shall be paid by the purchaser before sunset of the fifteenth day from that on which the sale of the immovable property took place, or if the said fifteenth day be an authorized holiday, then before sunset of the first office day after such fifteenth day. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 180-A. Permission to purchase by party entitled to payment of money. Notwithstanding anything contained in Sections 179 and 180, the party entitled to the payment of the money for recovery of which a sale of immovable property is held, may apply to the Deputy Commissioner for permission to purchase such property which may be granted subject to such rules as may be prescribed by the Government in this behalf, and where a party purchases with such permission, the purchase money due by him and the amount for the recovery of which the sale is held may be set off against one another.] .{Added by Act No. IV of 1936} CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 181. Effect of default. In default of payment within the prescribed period of the full amount of purchase money, whether of movable or immovable property, the deposit, after defraying thereout the expenses of the sale [shall, at the discretion of the Deputy Commissioner, be liable to be forfeited to Government either wholly or in part] .{Substituted by Act No. II of 1916} and the property shall be resold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 182. Liability of purchaser for loss by resale.
    • If the proceeds of this [resale which is held by reason of the purchaser's default] .{Substituted by Act No. II of 1916} be less than the price bid by such defaulting purchaser, the difference shall be recoverable from him by the Deputy Commissioner as an arrear of land revenue. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 183. Notification before resale. Every resale of property in default of payment of the purchase money, or after postponement of the first sale, shall, except when such resale takes place forthwith, be made after the issue of a fresh notice in the manner prescribed for original sales. Page | 32 CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 183-A. Setting aside sale on deposit of solatium to the purchaser and arrears and arrears by person interested. (1) Any person owning or claiming any interest in immovable property sold under this Act may, at anytime within 30 days from the date of sale, deposit in the treasury of the taluk in which the immovable property is situate. (a) a sum equal to 5 percentum of the purchase money; and (b) a sum equal to the arrears of revenue for which the immovable property was sold together with interest thereon and the expenses of attachment, management, and sale and other costs due in respect of such arrears; and may apply to the Deputy Commissioner to set aside the sale. (2) If such deposit and application are made within 30 days from the date of sale, the Deputy Commissioner shall pass an order setting aside the sale and shall repay to the purchaser the purchase money so far as it has been deposited, together with the 5 percentum deposited by the applicant; provided that if more persons than one have made deposits and applied under this section, the application of the first depositor to the Officer authorised to set aside the sale shall be accepted. (3) If a person applies, under Section 184, to set aside the sale of immovable property, he shall riot, unless he withdraws that application, be entitled to make or prosecute an application under this section.] .{Added by Act No. V of 1926} CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 184. Application to set aside sale. At any time within thirty days from the date of the sale of immovable property, application may be made to the Deputy Commissioner to set aside the sale on the ground of some material irregularity, or mistake, or fraud, in publishing or conducting it; but, except as is otherwise provided in the next following section, no sale shall be set aside on the ground of any such irregularity or mistake, unless the applicant proves to the satisfaction of the Deputy Commissioner that he has sustained substantial injury by reason thereof. If the application be allowed, the Deputy Commissioner shall set aside the sale, and direct a fresh one. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 185. Order confirming or setting aside sale. On the expiration of thirty days from the date of the sale, if no such application as is mentioned in the last preceding section has been made, or if such application has been made and rejected, the Deputy Commissioner shall make an order confirming the sale: Provided that, if he shall have reason to think that the sale ought to be set aside notwithstanding that no such application has been made, or on grounds other than those alleged in any application which has been made and rejected, he may, after recording his reasons in writing [and on such conditions as he may deem proper concerning the payment of interest on the money deposited or other compensation] .{Inserted by Act No. II of 1916}set aside the sale. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 186. Refund of deposit of purchase money when sale is set aside. Whenever the sale of any property is not confirmed, or is set aside, the purchaser shall be entitled to receive back his deposit or his purchase money, as the case may be. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 187. On confirmation of sale, purchaser to be put in possession. Certificate of purchase. After a sale of any occupancy or alienated holding has been confirmed in manner aforesaid, the Deputy Commissioner shall put the person declared to be the purchaser into possession of the land included in such occupancy or alienated holding, and shall cause his name to be entered in the revenue records as occupant or holder in lieu of that of the defaulter, and shall grant him a certificate to the effect that he has purchased the occupancy or alienated holding to which the certificate refers. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 187-A. Application to Civil Court by purchaser resisted in taking possession. Where any lawful purchaser of immovable property sold under Section 161 or by the operation of Section 193 is resisted or obstructed by any person in obtaining possession of the property, he may make an application together with the certificate of sale granted under Section 187 to the Civil Court having jurisdiction over the property, complaining of such resistance or obstruction. Such Court shall proceed to investigate the matter as if the property were purchased by the applicant at a sale held by that Court.] .{Added by Act No. XVII of 1928} CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 188. Bar of suit against certified purchaser.
    • The certificate shall state the name of the person declared at the time of sale to be the actual purchaser, and any suit brought in a Civil Court against the certified purchaser on the ground that the purchase was made on behalf of another person not the certified purchaser though by agreement the name of the certified purchaser was used, shall be dismissed. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 189. Application of proceeds of sale. When any sale of movable property under this Chapter has become absolute, and when any sale of immovable property has been confirmed, the proceeds of the sale shall be applied to defraying the expenses of the sale and to the payment of any arrears due by the Page | 33 defaulter at the date of the confirmation of such sale and recoverable as an arrear of land revenue; and the surplus, if any, shall be paid to the person whose property has been sold. The expense of the sale shall be estimated at such rates and according to such rules as may, from time to time, be sanctioned by [the Revenue Commissioner under the orders of Government.] {Substituted for the word "Government" by Act No. XVI of 1906} CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 190. Surplus not to be paid to creditors except under order of Court. The said surplus shall not, except under an order of a Civil Court, be payable to any creditor of the person whose property has been sold. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 191. Liability of purchaser for revenue. The person named in the certificate of title as purchaser of any land shall be liable for all instalments of land revenue becoming due in respect of such land subsequently to the date of sale. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 192. Claims to attached to movable property how to be disposed of. If any claim shall be set up by a third person to movable property attached under the provisions of this Chapter, the Deputy Commissioner shall admit or reject his claim on a summary inquiry held after reasonable notice. If the claim be admitted wholly or partly, the property shall be dealt with accordingly. Except in so far as it is admitted, the property shall be sold and the title of the purchaser shall be good for all purposes, and the proceeds shall be disposable as hereinbefore directed. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Procedure in respect of Sales 193. What moneys leviable under the provisions of this Chapter. All sums due on account of the land revenue, all quit-rents, and forfeitures, and all cesses, profits from land, emoluments, fees, charges, penalties, fines, costs and interest payable or leviable under this Act or under any Act, rule or order hereby repealed, or under any Act or Regulation for the time being in force relating to land revenue [and all moneys falling due to Government under any grant, lease, security bond, or contract which provides that they shall be recoverable as a revenue demand or arrear of land revenue;] .{Inserted by Act No. VI of 1905} and all moneys due by any contractor for the farm of customs duties, or of any other duty or tax, or of any other item of revenue whatsoever, and all specific pecuniary penalties, to which any such contractor renders himself liable under the terms of his agreement; [and all sums due from a tenant in an alienated village as contribution, in respect of any irrigation work, under a contract which provides that they shall be recoverable as arrears of land revenue;] .{Inserted by Act No. XVII of 1939} and also all sums declared by this Act or by any other law at the time being in force to be leviable as assessment or as a revenue demand or as an arrear of land revenue; shall be levied under the foregoing provisions of this Chapter. And in the event of the resumption of any such farm as is aforesaid, no person shall be entitled to credit for any payment which he may have made to the contractor in anticipation. [xxx xxx xxx] {This para repealed by Act No. VI of 1905} CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Application of the provisions of this Chapter 193-A. Recovery of arrears accruing in C. and M. station, Bangalore.-x x x x x.] .{Section 193-A omitted by Act No. 1 of 1956} CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Application of the provisions of this Chapter 194. Power of Government to make rules as to advances made. The Government may, from time to time, prescribe rules as to advances to be made to the holders of arable land for the relief of distress, the purchase of seed or cattle, or, any other purpose not specified in [the Land Improvement Loans Act, 1890,] .{Substituted for the words and figures "the Land Improvement Act, 1871" by Act No. IV of 1890}but connected with agricultural objects. Every such advance shall, when it becomes due, be recoverable, with the interest, if any, accrued due thereon, from the person to whom such advance was made, or from any person who had become surety for the repayment thereof, as if it were an arrear of land revenue due by the person to whom the advance was made or by his surety. CHAPTER XI Of The Realization of The Land Revenue and Other Revenue Demands Responsibility for Land Revenue Application of the provisions of this Chapter
    • 195. Subordination of Revenue Officers. In all official acts and proceedings, a Revenue Officer shall, in the absence of any express provision of law to the contrary, be subject, as to the place, time and manner of performing his duties, to the direction and control of the Officer to whom he is subordinate. CHAPTER XII Procedure of Revenue Officers Application of the provisions of this Chapter 196. Power to summon persons to give evidence and produce documents. (1) Every Revenue Officer not lower in rank than a Deputy Amildar, or an Assistant Superintendent of survey, in their respective departments, shall have power to summon any person whose attendance he considers necessary either to be examined as a party, or to give evidence as a witness, or to, produce documents for the purposes of any enquiry which such Officer is legally empowered to make. Page | 34 A summons to produce documents may be for the production of certain specified documents, or for the production of all documents of a certain description in the possession of the person summoned. (2) Any person so summoned shall be bound to attend either in person or by an authorized agent as directed in the summons, and, when the summons directs the production of a document or thing, to cause its production. Any person summoned merely to produce a document or other thing shall be deemed to have complied with the summons by causing the production of such document or thing instead of attending personally to produce the same. (3) And all persons summoned to attend shall be bound to state the truth upon any subject respecting which they are examined or make statements, and to produce such documents and other things as may be required. CHAPTER XII Procedure of Revenue Officers Application of the provisions of this Chapter 197. Witness may be examined on commission under certain circumstances. When the person whose evidence may be required is unable from sickness or infirmity to attend before the Officer issuing the summons, or is a person whom, by reason of rank or sex, it may not be proper to summon, the Officer issuing the summons may, of his own motion or on the application of the party whose evidence is desired, dispense with the appearance of such person, and order him to be examined by a subordinate deputed by such Officer for the purpose. CHAPTER XII Procedure of Revenue Officers Application of the provisions of this Chapter 198. Summons to be in writing, signed and sealed. Every summons shall be in writing, in duplicate, and shall state the purpose for which it is issued, and shall be signed by the Officer issuing it, and, if he have a seal, shall also bear his seal; it shall require the person summoned to appear before the said Officer at a stated time and place, and shall specify whether his attendance is required for the purpose of giving evidence or to produce a document, or for both purposes. It shall be served by tendering or delivering a copy of it to the person summoned, or, if he cannot be found by leaving a copy of it with some adult member of his family residing with him, or by affixing a copy of it to some conspicuous part of his usual residence. If his usual residence be in another district, the summons may be sent by post to the Deputy Commissioner of that district, who shall cause it to be served in accordance with the preceding clause of this section. CHAPTER XII Procedure of Revenue Officers Application of the provisions of this Chapter 199. Mode of serving notice. Every notice under this Act, unless it is otherwise expressly provided, shall be served either by tendering or delivering a copy thereof to the person on whom it is to be served, or to his agent, if he have any, or by affixing a copy thereof to some conspicuous place on the land, if any, to which such notice refers. No such notice shall be deemed void on account of any error in the name or designation of any person referred to therein, unless when such error has produced substantial injustice. CHAPTER XII Procedure of Revenue Officers Application of the provisions of this Chapter 200. Procedure for procuring attendance of witnesses. In any formal or summary inquiry, if any party desires the attendance of witnesses, he shall follow the procedure prescribed by [the Code of Civil Procedure, 1908 (Central Act V of 1908).] .{Substituted for the words and figures "the Code of Civil Procedure, Section 160" by Act No. 1 of 1956} CHAPTER XII Procedure of Revenue Officers Application of the provisions of this Chapter 201. Mode of taking evidence in formal inquiries. In all formal inquiries, the evidence shall be taken down in full, in writing, in Kanarese, by, or in the presence and hearing and under the personal superintendence and direction of, the Officer making the investigation or inquiry, and shall be signed by him. In cases in which the evidence is not taken down in full in writing by the Officer making the inquiry, he shall, as the examination of each witness proceeds, make a memorandum of the substance of what such witness deposes, and such memorandum shall be written and signed by such Officer with his own hand, and shall form part of the record. If such Officer is prevented from making a memorandum as above required, he shall record the reason of his inability to do so. When the evidence is given in English, such Officer may take it down in that language with his own hand, and an authenticated translation of the same in Kanarese shall be made and shall form part of the record. CHAPTER XII Procedure of Revenue Officers Formal Inquiry 202. Writing and explanation of decisions. Every decision, after a formal inquiry, shall be written by the Officer passing the same in his own handwriting, and shall contain a full statement of the grounds on which it is passed. CHAPTER XII Procedure of Revenue Officers Formal Inquiry
    • 203. Summary inquiries, how to be conducted. In summary inquiries, the presiding Officer shall himself, as any such inquiry proceeds, record a minute of the proceedings in his own hand in English or in Kanarese, embracing the material averments made by the parties interested, the material parts of the evidence, the decision and the reasons for the same: Provided that it shall at any time be lawful for such Officer to conduct an inquiry directed by this Act to be summary under all or any of the rules applicable to a formal inquiry, if he deems fit. CHAPTER XII Procedure of Revenue Officers Summary Inquiry Page | 35 204. Formal and summary inquiries to be deemed judicial proceedings. A formal or summary inquiry under this Act shall be deemed to be a "judicial proceeding" within the meaning of Sections 193, 219 and 228 of the Indian Penal Code, and the office of any authority holding a formal or summary inquiry shall be deemed a Civil Court for the purposes of such inquiry. Every hearing and decision, whether in a formal or summary inquiry, shall be in public, and the parties or their authorized agents shall have due notice to attend. CHAPTER XII Procedure of Revenue Officers Summary Inquiry 205. Ordinary inquiries how to be conducted. An inquiry which this Act does not require to be either formal or summary, or which any Revenue Officer may, on any occasion, deem to be necessary to make, in the execution of his lawful duties, shall be conducted according to such rules applicable thereto, whether general or special, as may have been prescribed by the Government, or an authority superior to the Officer conducting such inquiry, and, except in so far as controlled by such rules, according to the discretion of the Officer in such way as may seem best calculated for the ascertainment of all essential facts and the furtherance of the public good. CHAPTER XII Procedure of Revenue Officers Summary Inquiry 206. Copies and translation, etc., how to be obtained. In all cases in which a formal or summary inquiry is made, authenticated copies and translations of decisions, orders and the reasons therefor, and of exhibits, shall be furnished to the parties, and original documents used as evidence shall be restored to the persons who produced them or to persons claiming under them, on due application being made for the same, subject to such charges for copying, etc., as may, from time to time, be authorized by Government. CHAPTER XII Procedure of Revenue Officers Summary Inquiry 207. Arrest of defaulter to be made upon warrant. Whenever it is provided by this Act that a defaulter or any other person may be arrested, such arrest shall be made upon a warrant issued by any Officer competent to direct such person's arrest. CHAPTER XII Procedure of Revenue Officers Summary Inquiry 208. Power of Revenue Officer to enter upon any land or premises for purpose of measurement, etc. It shall be lawful for any Revenue Officer, at anytime, from time to time, to enter, when necessary, for the purposes of measurement, fixing, or inspecting boundaries, classification of soil, or assessment, or for any other purpose connected with the lawful exercise of the office under the provisions of this Act, or of any other law for the time being in force relating to land revenue, any lands or premises, whether belonging to Government or private individuals, and whether fully assessed to the land revenue or partially or wholly exempt from the same: Provided always that no building used as human dwelling shall be entered, unless with the consent of the occupier thereof, without a notice having been served at the said building not less than seven days before such entry, and provided also that, in the cases of buildings of all descriptions, due regard shall be paid to the social and religious prejudices of the occupiers. CHAPTER XII Procedure of Revenue Officers Summary Inquiry 209. Deputy Commissioner how to proceed in order to evict any person wrongfully in possession of land. Whenever it is provided by this Act, or by any other law for the time being in force, that the Deputy Commissioner may, or shall, evict any person wrongfully in possession of land, such eviction shall be made in the following manner, viz., by serving a notice on person or persons in possession requiring them within such time as may appear reasonable after receipt of the said notice to vacate the land; and if such notice is not obeyed, by removing, or deputing a subordinate to remove, any person who may refuse to vacate the same; and, [it shall be lawful for the purposes of eviction to use such force as may be necessary;] .{Inserted by Act No. 1 of 1956} if the Officer, removing any such person shall be resisted or obstructed by any person, the Deputy Commissioner shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance and obstruction still continue, [it shall be lawful to arrest such person, and he shall be produced or caused to be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate and on such production, the Magistrate may, after such enquiry as he thinks fit, order him to be confined in Civil Jail for such period not exceeding thirty days, as may be necessary to prevent the continuance of obstruction or resistance by such person: Provided that the Deputy Commissioner may, instead of proceeding as aforesaid, institute proceedings against him under the Indian Penal Code (Central Act XLV of 1860) for the punishment of such obstruction or resistance.] .{Substituted for the words "may without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, issue a warrant for the arrest of the said person and, on his appearance, commit him to close custody in the office of the Deputy Commissioner or any Amildar or Deputy Amildar, or send him with a warrant, in the form of Schedule H, for imprisonment in the Civil Jail of the district for such period not exceeding thirty days, as may be necessary to prevent the continuance of such obstruction or resistance" m by Act No. 1 of 1956} CHAPTER XII Procedure of Revenue Officers Summary Inquiry
    • 210. Appeal to lie from any order passed by a Revenue Officer to his superior. (1) In the absence of any express provision of this Act or of any law for the time being in force to the contrary, an appeal shall lie from any decision or order passed by a Revenue Officer under this Act, or any other law for the time being in force, to that Officer's immediate superior authority, whether such decision or order may itself have been passed on appeal from a subordinate Officer's decision or order or not. [(1-A) Where Government have issued a commission to any holder of alienated lands under Section 99, an appeal shall lie from any decision or order, passed by such holder in exercise of the powers conferred upon him. (i) to the Assistant Commissioner of the Sub-division in which the alienated land is situate, when the holder exercises the powers of an Amildar, and Page | 36 (ii) to the Deputy Commissioner of the District when the holder exercises the powers of the Deputy7 Commissioner.] .{Added by Act No. XVIIof 1928.} [(2) No appeal shall lie to Government from an appellate decision or order passed by the Revenue Commissioner except on a point of law or usage having the force of law:] .{Added by Act No. VI of 1906} CHAPTER XIII Appeals and Revision Summary Inquiry 210-A. Power to Government to withdraw appeals from the Revenue Commissioner. Notwithstanding anything contained in this Act, the Government may at any stage withdraw any appeal or class of appeals pending before the Revenue Commissioner, and dispose of the same, or retransfer the same for disposal to the Revenue Commissioner.] .{Added by Act No. I of 1909} CHAPTER XIII Appeals and Revision Summary Inquiry 211. Period within which appeal must be brought. No appeal shall be brought after the expiration of thirty days if the decision or order complained of have been passed by an Officer inferior in rank to a Deputy Commissioner or a Superintendent of survey in their respective departments, nor after the expiration of ninety days in any other case. In computing the above periods, the time required to prepare a copy of the decision or order appealed against shall be excluded. CHAPTER XIII Appeals and Revision Summary Inquiry 212. Admission of appeal after period of limitation. Any appeal under this Chapter may be admitted after the period of limitation prescribed therefor, when the appellant satisfies the authority to which he appeals that he had sufficient cause for not presenting the appeal within such period. No appeal shall lie against an order passed under this section admitting an appeal. CHAPTER XIII Appeals and Revision Summary Inquiry 213. Provision, where last day for appeal falls on a holiday. Whenever the last day of any period provided in this Chapter for the presentation of an appeal falls on a holiday recognized by Government, the day next following the close of the holiday shall be deemed to be such last day. CHAPTER XIII Appeals and Revision Summary Inquiry 214. Copy of order to accompany petition of appeal. Every petition of appeal shall be accompanied by the decision or order appealed against, or by an authenticated copy of the same. CHAPTER XIII Appeals and Revision Summary Inquiry 215. Powers of Appellate Authority. The Appellate Authority may either annul, reverse, modify or confirm the decision or order of the subordinate Officer appealed against, or he may direct the subordinate Officer to make such further investigation or take such additional evidence as he may think necessary, or he may himself take such additional evidence. CHAPTER XIII Appeals and Revision Summary Inquiry 216. Power to suspend execution of order of subordinate Officer. In any case in which an appeal lies, the Appellate Authority may, pending decision of the appeal, direct the execution of the decision or order of the subordinate Officer to be suspended. CHAPTER XIII Appeals and Revision Summary Inquiry 217. Power to call for and examine the records and proceedings of subordinate Officers. The Government and any Revenue Officer not inferior in rank to a Deputy Commissioner or a Superintendent of Survey, in their respective departments, may call for and examine the record of any inquiry or the proceedings of any Revenue Officer subordinate to it or him, for the purpose of satisfying itself or himself as to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such Officer. The following Officers may in the same manner call for and examine the proceedings of any Officer subordinate to them in any matter in which neither a formal nor a summary inquiry has been held, namely an Assistant Commissioner, an Amildar, a Deputy Amildar, an Assistant Superintendent of Survey and an Assistant Settlement Officer. If, in any case, it shall appear to the Government or to such Officer as aforesaid, that any decision or order or proceedings so called for should be modified, annulled or reversed, the Government or such Officer may pass such order thereon as it or he deems fit. CHAPTER XIII Appeals and Revision Summary Inquiry
    • 218. Rules as to decisions or orders expressly made final. Whenever in this Act it is declared that a decision or order shall be final, such expression shall be deemed to mean that no appeal lies from such decision or order. The Government alone shall be competent to modify, annul, or reverse, any such decision or order under the provisions of the last preceding section. CHAPTER XIII Appeals and Revision Summary Inquiry Page | 37 219. Interpretation clause. In this Chapter, unless there be something repugnant the subject or context. "Land" includes the sites of villages, towns and cities; it also includes trees, growing crops and grass, fruit upon, and juice in, trees, rights of way, ferries and fisheries; "Land revenue" means all sums and payments in money or in kind received or claimable by, or on behalf of, Government, from any person on account of land held by, or vested in, him, and any cess or rate authorized by Government under the provisions of any law for the time being in force. CHAPTER XIV Revenue Jurisdiction Summary Inquiry 220. Saving of provisions of Pensions Act Nothing in this Chapter shall affect any of the provisions of Act XXIII of 1871 (The Pensions Act). CHAPTER XIV Revenue Jurisdiction Summary Inquiry 221. Bar of certain suits. Subject to the exceptions hereinafter appearing, and except as hereinbefore expressly provided, no Civil Court shall exercise jurisdiction as to any of the following matters. (a) claims against Government relating to any property, appertaining to the office of any hereditary Officer appointed or recognized by Government or of any other Village Officer or servant; or claims to perform the duties of any such Officer or servant or in respect of any injury caused by exclusion from such office or service; or suits to set aside or avoid any order relating to such office or service or such officer or servant, which may be passed by Government, or any officer duly authorised in that behalf; or claims against Government relating to lands declared by Government, or any officer duly authorized in that behalf, to be held for any service whatsoever; (b) objections. to the amount or incidence of any assessment of land revenue authorized by Government, or to the mode of assessment, or to the principle on which such assessment is fixed; or to the validity or effect of the notification of survey or settlement, or of any notification determining the period of settlement; (c) claims connected with or arising out of any proceedings for the realization of land revenue, or, the rendering of assistance by Government, or any Officer duly authorized in that behalf, to superior holders for the recovery of their dues from inferior holders; or claims to set aside on account of irregularity, mistakes or any other ground except fraud, sales for arrears of land revenue; (d) claims against Government. (1) to be entered in the revenue survey or settlement records or village papers as liable for the land revenue, or as superior holder, inferior holder, occupant or tenant; or (2) to have any entry made in any record of a revenue survey or settlement; or (3) to have any such entry either omitted or amended; (e) the distribution of land or allotment of land revenue on partition of any estate under Bombay Act IV of 1868, or under this Act, or under any other law for the time being in force; (f) claims against Government to hold land wholly or partially free from payment of land revenue; or to receive payments charged on or payable out of the land revenue; or to set aside any cess or rate authorized by Government under the provisions of any law for the time being in force; or respecting the occupation of waste or vacant land belonging to Government; (g) claims regarding boundaries fixed under Bombay Act I of 1865 or under this Act, or under any other law for the time being in force; or to set aside any order passed by a competent Officer under any such law with regard to boundary marks: Provided that if any person claim to hold land wholly or partially exempt from payment of land revenue under. (h) any enactment or rules having the force of law for the time being in force expressly creating an exemption not before existing in favour of an individual, or of any class of persons, or expressly confirming such an exemption on the ground of its being shown in a public record, or of its having existed for a specified term of years, or Illustrations to (h)
    • (1) It is enacted that when a specific limit to assessment has been established, and preserved, the assessment shall not exceed such specific limit. A is the owner of land worth Rs. 100 for assessment. He claims to be assessed at Rs. 50 only on the strength of a course of dealing with him and his predecessors under which his land has not been more highly assessed. There is no exemption not before existing created by enactment, and A's claim is not cognizable in a Civil Court. (2) It is enacted that land revenue shall not be leviable from any land held and entered in the land register as exempt. 1A claims to hold certain land as exempt on the ground that it has been so held by him and is so entered in the land register. This is an exemption expressly confirmed by enactment on the ground of its being shown in a public record, and A's claim is cognizable in a Civil Court. (3) It is enacted that a Deputy Commissioner shall confirm existing exemptions of all lands shown in certain maps to be exempt. A claims exemption alleging that his land is shown in the maps to be exempt. A's claim is cognizable in a Civil Court. Page | 38 (4) It is enacted that assessment shall be fixed with reference to certain considerations and not with reference to others. This is not an enactment creating an exemption in favour of any individual or class, and no objection to an assessment under such an enactment is cognizable in a Civil Court. (5) It is enacted that, in the event of the proprietory right in lands, the property of Government, being transferred to individuals they shall be permitted to hold the lands for ever at the assessment at which they are transferred. The proprietary right in certain land is transferred to A at an assessment of Rs. 100. An exemption from higher assessment not before existing is expressly created in favour of A by enactment, and he may seek relief in the Civil Court against over assessment. (i) any written grant from the Government expressly creating or confirming such exemption, such claim shall be cognisable in the Civil Courts.' CHAPTER XIV Revenue Jurisdiction Summary Inquiry 222. Saving of certain suits. Nothing in the preceding section shall be held to prevent the Civil Courts from entertaining the following suits. (a) suits against Government to contest the amount claimed or paid under protest or recovered as land revenue, on the ground that such amount is in excess of the amount authorised in that behalf by Government, or that such amount had, previous to such claim, payment, or recovery, been satisfied, in whole or in part, or that the plaintiff, or the person whom he represents, is not the person liable for such amount; (b) suits between private parties for the purpose of establishing any private right although it may be effected by any entry in any record of a revenue survey or settlement, or in any village papers; (c) suits between superior holders and inferior holders relating to matters not otherwise expressly provided for by this Act. And nothing in clause (g) of the preceding section shall be held to prevent the Civil Courts entertaining suits, other than suits against Government for possession of any land being a whole survey number or a recognized share of a survey number. CHAPTER XIV Revenue Jurisdiction Summary Inquiry 223. Bar of certain suits against Revenue Officers. Revenue Officers shall not be liable to be sued for damages in any Civil Court for any act bona fide done or ordered to be done by them as such, in pursuance of the provisions of any law for the time being in force. If any Revenue Officer absconds or does not attend when called on by his Official Superior, and if the Deputy Commissioner, of the district proceeds against him or his sureties for public money, papers or property, according to the provisions of this Act, or of any law for the time being in force, such Deputy Commissioner shall not be liable to pay damages or costs in any suit brought against him by such Officer or sureties, although it appears that a part only, or no part whatever, of the sum demanded was due from the Officer so absconding or failing to attend, or that he was not in possession of the papers or property demanded of him. CHAPTER XIV Revenue Jurisdiction Summary Inquiry 224. Punishment or prosecution of Revenue Officer, no bar to civil remedies. Nothing in. any law for the time being in force, which authorizes the punishment departmentally of any Revenue Officer for any offence or breach of duty, or which sanctions his prosecution criminally for such offences or breach, shall be held to bar any remedy which may be had in the Civil Court against such Officer. CHAPTER XIV Revenue Jurisdiction Summary Inquiry 225. Suits not to be entertained unless plaintiff has exhausted right of appeal. No Civil Court shall entertain any suit against Government on account of any act or omission of any Revenue Officer, unless the plaintiff first proves that, previously to bringing his suit, he has presented all such appeals allowed by the law for the time being in force as, within the period of limitation allowed for bringing such suit, it was possible to present. CHAPTER XIV Revenue Jurisdiction Summary Inquiry 226. Power of Government to refer questions for decision of High Court. If in the trial or investigation of any suit, claim or objection which, but for the provisions of this Chapter, might have been tried or investigated by a Civil Court, or in any appeal against orders passed in such trail or investigation, there arises any question on which the Government, whether upon its own motion, or upon the recommendation of the Deputy Commissioner, or upon the application of the party interested, desires to have the decision of the [High Court,] .{Substituted for the words "Chief Court" by Act No. XII of 1930}the Government may cause statement of the question to be prepared, and may refer such question for the decision of the [High Court.] .{Substituted for the words "Chief Court" by Act No. XII of 1930} The [High Court] .{Substituted for the words "Chief Court" by Act No. XII of 1930}shall fix an early day for the hearing of the question referred, and cause notice of such day to be placed in the Court-house. The parties to the case may appear and be heard in the [High Court] .{Substituted for the words "Chief Court" by Act No. XII of 1930} in person, or by their Advocates or Pleaders. The [High Court,] .{Substituted for the words "Chief Court" by Act No. XII of 1930} when it has heard and considered the case, shall send a copy of its decision, with the reasons therefor, under the seal of the Court to the Government by which the reference was made and the case shall be disposed of conformably to such decision.
    • If the [High Court] .{Substituted for the words "Chief Court" by Act No. XII of 1930} considers that any such statement is imperfectly framed, the [High Court] .{Substituted for the words "Chief Court" by Act No. XII of 1930}may return it for amendment. The costs (if any) consequent on any such reference shall be dealt with as the [High Court] .{Substituted for the words "Chief Court" by Act No. XII of 1930}in each case directs. CHAPTER XIV Revenue Jurisdiction Summary Inquiry 227. Power of Civil Judge to refer questions of jurisdiction to High Court. If, in any suit instituted, or in any appeal presented, in a Civil Court, the judge doubts whether he is precluded, by this Chapter from Page | 39 taking cognizance of the suit or appeal, he may refer the matter to the [High Court.] .{Substituted for the words "Chief Court" by Act No. XII of 1930} The [High Court] .{Substituted for the words "Chief Court" by Act No. XII of 1930}may order the Judge making the reference either to proceed with the case or to return the plaint. The order of the [High Court] .{Substituted for the words "Chief Court" by Act No. XII of 1930}on any such reference shall be final. CHAPTER XIV Revenue Jurisdiction Summary Inquiry 228. Composition of Bench. If the [High Court] .{Substituted for the words "Chief Court" by Act No. XII of 1930}consists of three or more Judges, every reference under Sections 226 or 227 shall be heard by a Bench consisting of such number of Judges, not less than three, as the Chief Justice from time to time directs. CHAPTER XIV Revenue Jurisdiction Summary Inquiry 229. Reference of Government suits to District Judge.-x x x x x. CHAPTER XIV Revenue Jurisdiction Summary Inquiry 230. Privileges of Government in suits defended by it.-x x x x x.] .{Sections 229 and 230 omitted by Act No. 1 of 1956} CHAPTER XIV Revenue Jurisdiction Summary Inquiry 231. Applicability to kayamgutta villages of provisions relating to alienated villages. All the provisions of the Act relating to alienated villages shall apply to Kayamgutta villages, i.e., villages held on an assessment permanently fixed. CHAPTER XV Miscellaneous Summary Inquiry 232. Maps and land registers and village accounts etc., open to inspection. Subject to such rules and the payment of such fees as the Government may from time to time prescribe in this behalf, all maps and survey records, and all village accounts and land registers, shall be open to the inspection of the public at reasonable hours, and certified extracts from such maps, registers and accounts, or certified copies thereof, shall be given to all persons applying for the same. CHAPTER XV Miscellaneous Summary Inquiry 233. Power of Government to frame rules. The Government may, from time to time, make and, from time to time, vary, or rescind, rules or orders not inconsistent with this Act. (a) determining the qualifications to be required of all members of establishments appointed under Section 20; (b) regulating the power of fining, reducing, suspending and dismissing Revenue Officers under Section 31; (c) for the disposak-pf unoccupied Government lands under Section 36; (d) for the disposal of trees, not the property of the occupant, under Section 41; (e) prescribing the purposes to which land liable to the payment of land revenue may be appropriated under Section 48; (f) regulating the system and manner of assessing land to the land revenue under Sections 50 and 111; (g) for the disposal of forfeited occupancies or alienated holdings under Section 54, and of relinquished holdings under Section 71; (h) regulating the grant of permission to occupy unoccupied land under Section 58; (i) fixing the maximum amount of fine leviable under Section 59 when land, which has been unauthorizedly occupied, is appropriated to any non-agricultural purpose; (j) for the disposal of the occupancy of alluvial land under Section 61; (k) for the administration of any survey settlement; (l) for the disposal of building sites under Section 135; (m) prescribing the mode, form and manner in which appeals under Chapter XIII of this Act shall be drawn up and presented; (n) generally for the guidance of all persons in matters connected with the enforcement of this Act, or in cases not expressly provided for therein. Rules or orders made under any of the above clauses (e), (f), (g), (h), (i), (1) or (n), may be made either generally or in any particular instance. CHAPTER XV Miscellaneous Summary Inquiry
    • 234. Certain rules to be published. All general rules or orders made by the Government under the last preceding section shall be published and when published shall, until cancelled or amended, have the force of law. CHAPTER XV Miscellaneous Summary Inquiry 235. Power to provide for penalties. It shall be lawful for the Government, in making any such general rule, to attach to the breach of it, in addition to any other consequences which would ensue from such breach, a punishment, on conviction before a Magistrate, not exceeding one month's imprisonment of either description within the meaning of the Indian Penal Code, or five hundred rupees fine, or both. Page | 40 CHAPTER XV Miscellaneous Summary Inquiry [236.-xxx xxx xxx.] .{Deleted by Act No. XVII of 1939} CHAPTER XV Miscellaneous Summary Inquiry 237. Occupants in alienated or kayamgutta villages. When a survey settlement has been introduced, under the provisions [xxx xxx xxx] .{Certain words omitted by Act No. XVII of 1939} of any law for the time being in force, into an alienated or kayamgutta village, the holders of all lands to which such settlement extends shall have the same rights and be affected by the same responsibilities in respect of the lands in their occupation as occupants in unalienated villages have or are affected by, under the provisions of this Act, and all the provisions of this Act, relating to occupants and registered occupants, shall be applicable, so far as may be, to them. [xxx xxx xxx] {Sub-para omitted by Act No. XVII of 1939} CHAPTER XV Miscellaneous Summary Inquiry 238. Construction of this Act. Nothing in this Act which applies in terms to unalienated land or to the holders of unalienated land only, shall be deemed to affect alienated land, or the rights of holders of alienated land, or of Government in respect of any such land, and no presumption shall be deemed to arise either in favour, or to the prejudice, of any holder of alienated land from any provision of this Act in terms relating to unalienated lanclonly. CHAPTER XV Miscellaneous Summary Inquiry 239. Savings of power of Government to levy tax, cess or rate, Nothing in this Act shall be deemed to affect the power of the Government to direct by law the levy of any tax, cess, or rate, on all lands under whatever title they may be held whenever and so long as the exigencies of the State may render such levy necessary. CHAPTER XV Miscellaneous Summary Inquiry SCHEDULE A [See Section 2] 1. Notification of the Government of India No. 83, dated Simla, the 30th April, 1869, introducing into the [whole of the State of Karnataka except Bellary District] .{See the Karnataka Adaptations of Laws Order, 1953}Bombay Acts I of 1865 and IV of 1868. 2. Notification of the Government of India No. 254, dated 27th August, 1869, applying to the [whole of the State of Karnataka except Bellary District] .{See the Karnataka Adaptations of Laws Order, 1953} the provisions of Madras Act III of 1869. 3. Notification of the Government of India No. 123, dated the 24th June, 1872, regarding the powers of Revenue Courts in the investigation of judicial cases. 4. Rules relating to recovery of rent by proprietors of sarvamanyam jodi and kayamgutta villagers, published with the late Chief Commissioner's Notification at page 87 of the Karnataka Gazette, dated 1st May, 1869, as altered by the late Chief Commissioner's Notification No. 180, dated the 3rd August, 1871. 5. Notification of the late Commissioner relating to the rights of raiyats of Inam villages dated 25th October, 1843. 6. The late Commissioner's Circular Order No. 522-3, dated 8th June, 1864. CHAPTER XV Miscellaneous Summary Inquiry SCHEDULE B Form of Bon'd to be Required under Section 22 Whereas 1, ...... inhabitant of. .... have been appointed to the office of. . . .and have been called upon to furnish security under the provisions of Section 22 of the Karnataka Land Revenue Code, for the due discharge of the trusts of the said office or of any other office to which I may be hereafter appointed, and for the due account of all moneys, papers and other property which shall come into my possession or control by reason of any such office, I hereby bind myself to pay to the Government of Karnataka the amount of any loss or defalcation in my accounts and to deliver up any papers or other property within such time and to such person as shall be demanded by the person at the head of the office to which I belong, such demand to be in writing and to be left at my office or place of residence, and in case of my making default therein, I bind myself to forfeit to the Government of Karnataka the sum of Rupees ............ . . Dated (Signature) Form of Security to be Subjoined to the Bond of The Principal We. ........ .hereby declare ourselves sureties for the abovesaid..... . . . .that he shall do and perform all that he has above undertaken to do and perform, and in case of his making default therein we hereby bind ourselves to forfeit to the Government of Karnataka such sum as shall be deemed sufficient by the. ...... .to cover any loss or damage which the Government may sustain by reason of such default. Dated (Signature)
    • CHAPTER XV Miscellaneous Summary Inquiry [SCHEDULE C x x x x x] {. Schedule 'C' omitted by Act No. 1 of 1956.} CHAPTER XV Miscellaneous Summary Inquiry SCHEDULE D Form of Bond to be Required Under Section 27, 103 or 170 Page | 41 Whereas I, .... .have been ordered by .... to (here state the nature of the demand). . . . .and whereas I dispute the right of the said .... . . to make the said order, I hereby bind myself to file a suit within fifteen days from the date of this bond in the District Court of ... .to contest the justice of the demand, and do agree that, in the event of a decree being passed against me, I will fulfill the same and will pay all amounts, including costs and interests, that may be due by me, or that if I fail to institute a suit as aforesaid, I will, when required, pay the above mentioned amount of .... .Rupees (or will deliver up the above-mentioned papers or property as the case may be,) and in the case of my making default therein, I hereby bind myself to forfeit to the Government of Karnataka the sum of .... rupees. Dated (Signature) Form of Security to be Subjoined to the Bond of the Principal We. ..... .hereby declare ourselves securities for the abovesaid. . ... that he shall do and perform all that he has above undertaken to do and perform and in case of his making default therein we hereby bind ourselves to forfeit to the Government of Karnataka the sum of ..........Rupees. Dated (Signature) CHAPTER XV Miscellaneous Summary Inquiry SCHEDULE E [See Section 80] . 1.-Form of Notice to be given by Landlord to Tenant to quit To A.B. I, do hereby give you notice that I do intend to enter upon, and take possession of the land (here give the description) which you now hold as tenant under me, and you are therefore required to quit and deliver up possession of the same at the end of this current year terminating on the .... .of .... 19. ... Dated this. ... day of .... 19. .. (Signed) C.D . II.-Form of Notice to be given by Tenant to Landlord of his Intention to quit. To C.D. I, do hereby give you notice that I shall quit and deliver up to you at the end of this current year, terminating on the ......... 19. . . . , the land (here give description) which I hold from you. Dated this. . . . .day of ... .19. (Signed) A.B . CHAPTER XV Miscellaneous Summary Inquiry SCHEDULE F Form of Commission to be Issued to a Holder of Alienated Lands of Alienated or Kayamgutta Villages or his Agent under Section 99. (Seal) The Government, by virtue of the power vested in it by the Karnataka Land Revenue Code, is pleased to confer on you Jahgirdar, etc., or agent etc., (as the case may be,) power to ..... in (or in respect of) the villages and lands specified in this commission, in the manner prescribed in Section 99 of the said Act. The villages and lands over which the power thus conferred upon you extends, are as follows: (Here enter the description) The within delegated power is vested in you during the pleasure and subject to the recall of the said Government of Karnataka. (Signed) CHAPTER XV Miscellaneous Summary Inquiry SCHEDULE G [See Section 137] Form of Sannad for Building Sites (Seal)
    • The Government of Karnataka To Whereas, the Government of Karnataka, with a view to the settlement of the land revenue and the record and preservation of proprietary and other rights connected with the soil, has, under the provisions of the Karnataka Land Revenue Code, directed a survey of the lands within-the-of and ordered the necessary inquiries connected therewith to be made, this Sannad is issued under Section 137 of the said Act to the effect that. There is a certain plot of ground occupied by you in the division of the ... .of .... registered No. ... .in the map marked sheet No. . ..... and facing towards the .... the road leading from ... .to . ...... containing about ... . .square yards, and of the following shape and about the Page | 42 following dimensions. You are hereby confirmed in the occupancy of the above described ground, exempt from all land revenue (or subject to the payment of Rs. .... .per annum to the land revenue). The terms of your tenure are such that your occupancy is both transferable, and heritable, and will be continued by the Government of Karnataka without any objection or question as to title, to whosoever shall, from time to time, be its lawful holder (subject only to the condition of the payment annually of the above land revenue according to the provisions of the Karnataka Land Revenue Code or of any other law for the time being in force, and to the liability to have the said rate of assessment revised at the expiration of a term of ........ years reckoned from the .... .and thereafter at successive periods of. .... '.years in perpetuity, and to the necessity for compliance with the provisions of the law, from time to time, in force as to the time and manner of payment of the said assessment and to the liability of forfeiture of the said occupancy and of all rights and interests connected therewith in case of your failure to pay the said assessment as required by law. This Sannad is executed on behalf of the Government of Karnataka by me this. ...... day of. ... one thousand nine hundred and A.D. (Signed.) CHAPTER XV Miscellaneous Summary Inquiry [SCHEDULE H xxxxx.] .{Schedule CHAPTER XV Miscellaneous Summary Inquiry [SCHEDULE I [Repealed] .{Schedule T repealed by Section 14 of Act No. VI 0&1906} CHAPTER XV Miscellaneous Summary Inquiry RULES UNDER THE KARNATAKA LAND REVENUE CODE, 1888 1 Title 1-A Definitions. 2 Appeals from the decisions of Assistant Commissioners. 3 Powers that may be delegated to Amildars. 4 Powers to Deputy Amildars. 5 Form of accounts to be kept by Shanbhogs. 6 Accounts to be kept in Alienated villages. 7 Powers of Revenue Officers re-appointment, dismissal, suspension, etc., of subordinates. 8 Omitted. 9 Disposal of Government land by the Deputy Commissioner. 10 Transfers of land to Railway Companies and to State Railways. 11 Reservation of land for Forest purposes. 12 Allotment of land revenue-free to Municipalities and Local Fund Committees. 13 Right over public streets, etc., within a municipal area. 14 Reservation of right to minerals and mineral products by Government 15 Grant of river beds for temporary cultivation. 16 Grant of tank beds for temporary cultivation. 17 Disposal of Fishing Rights in Government Tanks. 18 Removal of earth, stone, etc., from Government lands. 19 Removal of earth, etc., for domestic, or agricultural purpose. 20 Removal of earth, etc., by public departments or their contractors on payment of royalty. 21 Disposal of grazing and other produce of all unoccupied Government lands. 22 The Government may, if they think fit, sanction the disposal 23 Disposal of grass growing on the rear slopes of bunds of tanks and channels and in tank beds. 24 Sale of produce of government trees. 25 Right to trees growing on the banks of a stream included in an occupied survey number. 26 Procedure as regards sales by public auction. 27 Cultivation of phut kharab and cases in which such cultivation is prohibited. 28 Occupant of a survey number may remove earth, stone, etc., without rendering it unfit for cultivation. 29 Sanction of .Government necessary to the alteration of assessment under Section 48. 30 Assessment of Land Revenue by the Department of Land Records. 31 Assessment on compounds and open patches of ground surrounding bungalows and houses. 32 When the Department of Land Records is to fix the water rate. 33 Application for permission to use Government water. 34 Penalty for use of Government water without permission. 35 Forfeiture of occupancy to be effected when the land revenue falls in arrear. 36 Procedure to be followed if default is made in the case of unenfranchised service inams. 37 The tenure of enfranchised alienated inams not to be extinguished by forfeiture. 38 Restoration of forfeited occupancy or alienated holding on payment of the arrear due. 39 Sale of forfeited holding. 40 Protection of interests of co-occupants and other persons interested in the continuance of occupancy or alienated holding. 41 Definitions. 42 Powers of different Revenue Officers in respect of grant of lands. 43 Procedure for disposal of lands for cultivation 43-A Preparation of list of lands available for disposal. 43-B Restriction on disposal of land with reserved trees. 43-C Ordinary grants of lands. 43-D Grant of lands to certain categories of persons and institutions. 43-E Reservation of lands. 43-F Order of priority and extent of land to be granted. 43-G Grant of lands under the preceding rules shall be subject to the following conditions. 43-H Grant of land for cultivation of plantation crops.
    • 43-I Cancellation of grant. 43-J Grant of land to persons to whom lands have been leased temporarily. 43-K Grant of land discretionary. 43-L Powers of Government. 44 Assessment of unassessed land to be fixed under Rule 30 and the same to continue during the currency of the survey settlement 45 Payment of assessment when to commence. 46 Grant of land at a reduced assessment or revenue-free 47 Disposal of occupancy of building sites. 48 Sales of Government lands by public auction. 49 Disposal of occupancy of building sites may be subject to special rules. 50 Building sites to be divided into convenient lots before disposal, due provision being made for approaches and access of air and light. 51 Procedure to be followed when a new village site is onened in lieu of the old or an addition is made to it Page | 43 52 Disposal of occupancy of land near a railway station. 53 Disposal of other occupancies to which the above rules do not apply. 54 Upset price to be fixed when an occupancy is sold by public auction. 55 Written lease to be executed in case an occupancy is granted on special terms. 56 Written permission by Amildar or Deputy Amildar to an intending occupant to enter upon his occupancy. 57 The limit of fine leviable for unauthorised occupation of land. 58 Limit of fine leviable for appropriating agricultural land for non-agricultural purposes. 59 Maximum fine leviable under Section 63. 59-A In respect of lands appropriated for the setting up of. 60 Fine leviable under Section 64, by whom to be fixed and to what extent 60-A Exemption from payment of fine. 60-B Alteration of assessment when land assessed or held for agricultural purposes is used for non-agricultural purposes. 60-C Levy of Non-agricultural assessment when to begin. 60-D Extent on which conversion fine and non-agricultural assessment will be levied. 60-E Revision of non-agricultural assessment. 60-F Re-imposition of agricultural assessment. 60-G Communication of orders and levy of assessment 60-H Exemption from payment of non-agricultural assessment. 61 Eviction for appropriation of land for prohibited purposes or without permission. 62 Village Officers to ascertain cases of alluvion and diluvion. 63 Assessment on alluvial land. 64 Notice of relinquishment of occupancy. 65 Agreement to be executed by the person in whose favour relinquishment has been made. 66 Witnesses to such notices and agreements. 67 Execution of these documents before the Registrar. 68 The same to be kept in the records of Amildars. 69 Village Accountant to prepare them free of charge. 70 Registry of occupancies in the name of person in possession as a reputed owner for twelve years. 71 Minimum extent of survey number for the several classes of land. 72 Recognized share when to be formed into a separate survey number. 73 Sub-division of a survey number in cases of hardship or for government interests. 73-A Application by co-occupants, etc., to have each of their shares treated as a recognized share of a survey number. 74 Recognition of shares in a survey number during re-survey. 75 Registry of names of occupants. 76 Erection of boundary marks by Department of Land Records and their dimensions. 77 Boundary marks out of repair. 78 Responsibility for repair of boundary marks. 79 Responsibility for repair of boundary marks 80 Funds for repair of boundary marks to be maintained at Government expense. 81 Amildar responsible for repairs. 82 Payment of amount allowed for repairs of boundary marks. 83 Prevention of injury to boundary marks. 84 Prevention of injury to boundary marks 85 Inspection and maintenance of boundary marks. 86 Land revenue payable by instalments; periods of instalments. 87 Malnad and maidan taluks in the State. 88 Deleted 89 Time for commencing and closing of village accounts. 90 Date on which each instalment is due. 91 Payment of assessment 92 Patel responsible for collections made and the Shanbhog to sign the Roz Khirdi. 93 Time for remittance of each month's collections to the Treasury. 94 Interest on arrears of revenue. 94-A Interest payable by an inferior holder to a superior holder. 95 Notice of demand. 96 Distraint. 96-A Notice of forfeiture of lands for arrears of revenue to be given to Civil Courts under whose order such lands had been previously attached. 97 Arrest of defaulters. 98 Sales. 99 Sales 99-A Sales, 100 Registers of movable and immovable properties sold. 100-A Remission to inam village with scanty rainfall. 101 Enquiry of Revenue Officers other than formal or summary. 101-A Payment of expenses to witnesses. 102 Procedure to be followed regarding investigation of cases, appeal petitions, etc. 102-A Notice to the party whose interest will be affected. 102-B Appearance of parties by Advocates or Pleaders. 102-C Thumb impressions of illiterate men. 103 Process fees. 104 Cost of the process server proceeding by railway, etc 105 Register of fees charged and collected. 106 Service of processes on Government Officials. 107 Inspection of documents. 108 Inspection of documents 109 Grant of Extracts and Copies of documents. 110 Grant of copy of document in charge of village Officer. 111 Records of which copy cannot be granted. 111-A When copies of reports may be given.
    • 111-B Intimation of date on which copy will be ready. 112. Receipt for payment of copying fee. 113 Mode of payment of fees. 114 Entry of payment of fees. 115 Stamp duty or Court-fee in addition. 116 Mode of payment of fees 117 Entry of payment of fees 118 Stamp duty or Court fee in addition. 100A APPENDIX A [See Rule 20] 1000-B APPENDIX B [See Rule 26] 1000-C APPENDIX C [See Rule 47] 1000-D APPENDIX-D Page | 44 1000-E APPENDIX E [See Rule 56] 1000-F APPENDIX F [See Rule 64] 1000-G APPENDIX G [See Rule 65] 1000-H APPENDIX H [See Rule 71] 1000-I APPENDIX I [See Rule 95] 1000-J APPENDIX J [See Rule 96] 1000-K APPENDIX K [See Rule 99] 1000-L APPENDIX L [See Rule 100] 1000-M APPENDIX M [See Rule 18] 1000-N APPENDIX N 1000-O APPENDIX O 1 Title 1. These rules may be called the Karnataka Land Revenue Rules. Administration of Survey Settlement- B. Inspection, Maintenance and Repair of Boundary Marks [See Section 233 (k)]- [See Sections 130 to 133] 1-A Definitions. 1-A. Definitions. In these rules. (a) words and expressions which are defined in the Code have the same meaning as in the Code. (b) "Chapter" means a chapter of the Code. Preliminary [See Section 233 (k)]- [See Sections 130 to 133] 2 Appeals from the decisions of Assistant Commissioners. 2. Appeals from the decisions of Assistant Commissioners. For the purpose of Section 210, the immediate Superior Authority of an Assistant Commissioner placed in charge of one or more taluks in a district shall be the (a) Constitution and Powers of Revenue Officers [See Sections 8, 10, 11, 15, 16, 20 and 22] 3 Powers that may be delegated to Amildars. [3. Powers that may be delegated to Amildars. The duties and powers which may be delegated to the Amildars under Section 10 of the Land Revenue Code are the following. (a) Powers under Sections 97 and 98 of the Land Revenue Code. [(b) x x x x x.] {Clause (b) of Rule 3 deleted by Notification No. RD 171 EXE 59, dated 29-9-1959.} (c) Power to confirm sales of occupancies under Section 60, when the final bid. [(1) does not exceed hundred rupees;] {Amended by G.O. No. R. 1948-57-L.R. 120-30-5, dated 18-9-1930.} or (2) is not less than the upset price that might have been fixed therefor by the Assistant Commissioner in charge of the taluk or the Deputy Commissioner, as the case may be. (d) Distraint of defaulters moveable property under Section 160. (e) Power under Section 44. (f) Power under Sections 132 and 133. (g) Power under Section 135. [(h) Power under the latter part of Section 31 to fine, to the extent of Rs. 5, any member of the Taluk establishment other than the Taluk Sheristedar.] {Clause (h) inserted by Notification No. R. 281-R.F. 34-1901-02, dated 11-7-1902.} [(i) Power to declare the forfeiture of an occupancy or portion of an occupancy under Section 159, Land Revenue Code, when the annual assessment on the lands in the occupancy does not exceed Rs. 100.] {Clause (i) inserted by G.O No. R. 7238-49-L.R. 419-28-5, dated 5-3- 1929.} (j) Power to adopt the precautionary measures prescribed in Sections 146 to 149, Land Revenue Code, for the recovery of land revenue due to Government. (k) Power to order the transfer of registry under Sections 67, 68 and 69, Land Revenue Code. (1) Power to grant in Malnad Taluks an extent not exceeding 10 guntas of unassessed land (including gomal land) for building purposes finally. [(m) Power to confirm the sale of building sites when the sale proceeds do not exceed Rs. 50.] {G.O. No. R. 1998-2007-L.R. 120-30-7,
    • dated 19-9-1930.} [(n) Power to refund the purchase money with compensation as soon as the arrears with 5 per cent of the purchase money are received in accordance with the provisions of Section 183-A, Land Revenue Code, the matter being reported for formal orders to the Officer empowered to cancel the sale.] {G.O. No. R. 4142-52-L.R. 144-27-9, dated 30-11-1927.} [(o) Power to deal with unauthorised occupation of land under Section 59, Land Revenue Code, provided that fine in excess of Rs. 25 shall not be levied, buildings or other construction on land shall not be forfeited and summary eviction under Section 209, Land Revenue Code, shall not be ordered without the specific orders of the Deputy Commissioner or Sub-Division Officer.] {Notification No. R. 5150-L.R. 278-33-3, dated 4-4-1934.} (p) Power to impose fine not exceeding Rs. 25 for the unauthorised use of Government water. [(q) Power to resume to Government lands put up for auction for arrears of revenue but not disposed of for want of bidders in cases Page | 45 where the estimated market value of the land does not exceed Rs. 100 and to restore such lands under[ Rule 38.] {Notification No. R. 4582-L.R. 255-37-5, dated 12/14-4-1938.} ] {G.O. No. R. 1936-46-L.R. 219-28-2, dated 1-9-1928.} [(r) Power to refund excess recovery of land revenue made in a year up to a limit of Rs. 25.] {Clause (r) inserted by G.O. No. R. 6226-L.R. 399-31-5, dated 27/2-6-1932.} [(s) Power to refund phoding fees up to a limit of Rs. 25 on the certificate of the Survey Officer in charge of measurement in the case of lands disposed of under Rule 43 of the Land Revenue Rules, if parties on whose behalf the phoding work is done came forward with labour for measuring, etc.] {Clause (s) inserted by G.O. No. R. 6226-L.R. 399-31- 5, dated 27/29-6-1932.} [(t) Power under Section 25, Land Revenue Code, to issue search warrants against Patels and Shanbhogs] {G.O. No. R. 5996-L.R. 338-33-3, dated 25-5-1954.}] {Amended by Notification No. R. 10179-L.R. 395-16-6, dated 5-4-1917.} (a) Constitution and Powers of Revenue Officers [See Sections 8, 10, 11, 15, 16, 20 and 22] 4 Powers to Deputy Amildars. 4. Powers to Deputy Amildars. Deputy Amildars will, as a rule, exercise* the same powers as Amildars, except where there is an express direction of law or an order by the Government or the Deputy Commissioner to the contrary. Deputy Commissioners are authorised to (a) Constitution and Powers of Revenue Officers [See Sections 8, 10, 11, 15, 16, 20 and 22] 5 Form of accounts to be kept by Shanbhogs. 5. Form of accounts to be kept by Shanbhogs. The form of accounts which the Shanbhog of every village is required to keep are (a) Constitution and Powers of Revenue Officers [See Sections 8, 10, 11, 15, 16, 20 and 22] 6 Accounts to be kept in Alienated villages. 6. Accounts to be kept in Alienated villages. The holders of unsur-veyed and unsettled alienated villages are required to keep the following accounts and to furnish copies thereof at the close of each year to the Amildar of the Taluk. (a) Account of the demand, collection and balance of each raiyat, Village Form 14; (b) A register of lands held by each raiyat, Village Form 15; and (c) Inspection statement of lands, crops and boundary marks or "Pahani Taktha," Village Form 3; In respect of surveyed and settled villages, all the accounts prescribed for Government villages should be maintained in addition to the above, copies of Forms 3 and 9 being sent to the Taluk Office every year in addition to [Forms 14 and 15] {Government Notification No. R. 4149- L.R. 215-44-3, dated 15-12-1944.} (a) Constitution and Powers of Revenue Officers [See Sections 8, 10, 11, 15, 16, 20 and 22] 7 Powers of Revenue Officers re-appointment, dismissal, suspension, etc., of subordinates. 7. Powers of Revenue Officers re-appointment, dismissal, suspension, etc., of subordinates. {Amended by Notification No. R. 281, dated 11-7-1902, Notification No. R. 10172-L.R. 395-16-6, dated 5-4-1917, and Notification No. R. 155-L.R. 242-21-4, dated 8-7-1922.} (1) Every Amildar or Deputy Amildar may. (a) appoint, dismiss, suspend or otherwise punish all menial servants including Daffedars; [(b) x x x x x;] {Clause (b) of Rule 7 deleted by Notification No. RD 171 EXE 59, dated 29-9-1959} (c) grant leave to any member of the Taluk establishment (including the establishments of Travellers Bungalows under the Revenue Department and the Nala Manegars) other than the Sheristedars and appoint substitutes for the absentees, provided that, in the case of officials drawing Rs. 20 or more, the Amildar shall not grant leave or make temporary arrangements for more than one month. (2) Every Assistant Commissioner may {Amended by Notification No. R. 2534-L.R. 58-34-4, dated the 24-10-1935.} (a) appoint, suspend or remove ministerial Officers and menial servants of his establishment, whose salary does not exceed Rs. 40 per mensem, and he may also fine such Officers and servants to the extent of Rs. 10 a month; (b) exercise similar powers in respect of all similar officials {Added by Notification No. R. 5502-12-L.R. 331-39-6, dated 13-2-1941} including Revenue Inspectors and Village Panchayat Sub- Overseers in the taluks under his charge; {Added by Notification No. R. 5502- 12-L.R. 331-39-6, dated 13-2-1941} (c) fine {Added by Notification No. R. 5502-12-L.R. 331-39-6, dated 13-2-1941} Taluk Sheristedars Up to Rs. 5 a month; {Added by Notification No. R. 5502-12-L.R. 331-39-6, dated 13-2-1941} (d) grant leave to any member of the establishment of his office or of the taluks under his charge and make temporary arrangements during such period, provided that in the case of Taluk Sheristedars, the Assistant Commissioner shall not grant other than privilege leave for a period not exceeding one month at a time and that, in the case of other officials drawing Rs. 40 and above, he shall not grant leave for more than six months; (e) fine officials drawing a higher pay than Rs. 40 including the Taluk Sheristedars up to Rs. 5 per month and Revenue Inspectors and
    • Village Panchayat Sub-Overseers up to a limit of Rs. 10 a month. {G.O. No. R. 5502-12-L. R. 331-39-4, dated 13-2-1941.} (3)(a) Every Deputy Commissioner may appoint all officials in the district and subordinate offices drawing a pay not exceeding Rs. 80 per mensem; (b) He may also appoint officials in subordinate offices which are not in charge of Sub-Division Officers and he may also appoint officials in subordinate offices in charge of Sub-Division Officers provided they are drawing a higher pay than Rs. 40 but not exceeding Rs. 80. All appointments, suspensions or dismissals of the members of the establishment of the Officers, named in Section 20 shall be made by those Officers, they being competent to delegate their powers to Officers, subordinate to them. {Amended by Notification No. R. 2534-L.R. 58- 34-4, dated 24-10-1935.} (a) Constitution and Powers of Revenue Officers [See Sections 8, 10, 11, 15, 16, 20 and 22] Page | 46 8 Omitted. [8. x x x x x] {Rule 8 omitted by Notification No. RI. 14702-L.R. 41-55-102, (a) Constitution and Powers of Revenue Officers [See Sections 8, 10, 11, 15, 16, 20 and 22] 9 Disposal of Government land by the Deputy Commissioner. 9. Disposal of Government land by the Deputy Commissioner. Land and all rights in or over the same or appertaining thereto which are the property of Government, may be disposed of by the Deputy Commissioner {Notification No. R-6. 5536-46-L.R. 266-53-18, dated 6-7-1955} ; Sub-Division Officer and Amildar in any manner authorized by these Rules, but not otherwise except with the previous express sanction of Government. Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 10 Transfers of land to Railway Companies and to State Railways. 10. Transfers of land to Railway Companies and to State Railways. The transfers of land, whether permanently or temporarily, to Railway Companies or to State Railways, shall be regulated by the orders of Government, from time Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 11 Reservation of land for Forest purposes. 11. Reservation of land for Forest purposes. {Notification No. R-10,17411-L.R. 175-55-7, dated 30-1-1956} (i) The reservation of lands for forest purposes being regulated by the Karnataka Forest Act, 1900 (Karnataka Act IX of 1900), no land shall be set apart for Forest reserve except with the sanction of the Government. (ii) The Deputy Commissioner is empowered to sanction appropriation free of charge. (a) of assessed unoccupied land not exceeding ten acres in extent; and (b) of unassessed lands not exceeding twenty-five acres in extent and one thousand rupees in market value for roads whether provincial or local fund, and for schools, Dharmasalas and other public purposes where no compensation has to be paid by the government for the land taken up; (c) in the case of rural areas, the Deputy Commissioner may appropriate and grant Government waste lands whether assessed or unassessed not exceeding twenty acres in extent for village extension after recovering the market value from the village panchayet in whose favour the grant is made. Deputy Commissioner may also grant to private individuals, Government waste lands whether assessed of unassessed in rural areas for residential purposes up to twenty guntas on payment of the market value, vide G.O. R5. 7558-69-L.R. 136-55-2, dated 8th August, 1955. In such cases the market value shall include the conversion fine, if any, payable under Rule 59: Provided that in case of villages situated within a radius of five miles of the City of Bangalore the opinion of the City Improvement Trust Board, Bangalore, shall be obtained before disposing of the land. The title deeds relating to the grant to private persons will be in the form of Appendix E. (d) in case in which any extent of land in excess of that mentioned in clause (b) or (c) is required to be set apart, the previous sanction of the Revenue Commissioner shall be obtained; (e) free grants or grants at a reduced upset price for any purpose unconnected with agriculture may be sanctioned by Government. In the case .of lands granted for extension of the Housing Colonies of Scheduled Castes and the Scheduled Tribes, the Deputy Commissioners and Revenue Commissioner are authorised to waive the upset price altogether or recover only a reduced upset price. [(f) where unassessed Government lands are to be granted for any purpose not connected with agriculture, such lands shall be assessed before they are granted.] {clause (f) of sub-rule (ii) inserted by Notification No. RD3 GCF 60, dated 19-11-1960.} (iii) Where lands which have been set apart for the purpose with the sanction of the Revenue Commissioner or other authority have to be appropriated for a different purpose, the previous sanction of the Revenue Commissioner or such other authority shall, be likewise obtained. (iv) The Deputy Commissioners of Districts are empowered to sanction the appropriation of reserved lands such as beds of tanks, nallas, vonis and gramatana subject to the condition that they should obtain the concurrence of the Head of the Departments concerned wherever necessary {Government Notification No. R. 2164-L.R. 486-49-14, dated 22-5-1950} before sanctioning the appropriation of these lands, the cases of disagreement being referred to Government through the Revenue Commissioner. Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 12 Allotment of land revenue-free to Municipalities and Local Fund Committees. 12. Allotment of land revenue-free to Municipalities and Local Fund Committees. No revenue-free grant of land and no right in or over or appertaining to any land belonging to Government may be made to or exercised by a Municipality or a Local Fund Committee, without the previous sanction of Government. When any such transfer or exercise of right is sanctioned, it will be made subject to such conditions as Government shall think fit in each case to prescribe. But nothing in this Rule shall be deemed to prevent the grant of occupancies to Municipalities or Local Fund Committees on the same terms as are applicable to Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 13 Right over public streets, etc., within a municipal area.
    • 13. Right over public streets, etc., within a municipal area. (a) Public streets within municipal limits vest in the Municipality, but such streets must be carefully distinguished from building sites and open pieces of ground which have not been dedicated to the public use, and which, unless they have been already transferred to the Municipality, still vest in Government. (b) In an irregular street or road of varying width, small pieces of ground between the houses and the roadway should be recognized as municipal property, unless private individuals have rights thereto, but not separated building sites between the houses even though they may be unenclosed, unless they have been transferred,to the Municipality by Government. (c) When the right to any piece of ground is in dispute between a Municipality and the Government, the Deputy Commissioner shall Page | 47 endeavour to decide the dispute in accordance with the foregoing principles. If the Deputy Commissioner is in doubt, or if the Municipality does not accept his decision, the case shall be referred for the orders of Government. Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 14 Reservation of right to minerals and mineral products by Government 14. Reservation of right to minerals and mineral products by Government In every alienation of unalienated lands that may hereafter be made, a reservation shall be made in the following terms or in terms to the same effect, viz. "This grant is made subject to the reservation of the right of Government to all mines and mineral products, and of full liberty of access for the purpose of Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 15 Grant of river beds for temporary cultivation. 15. Grant of river beds for temporary cultivation. On lands in the beds of rivers used for growing melons, vegetables or crops of any kind, such temporary assessment shall be payable as may be fixed by the Deputy Commissioner, provided that any rates existing according to the custom of the villages or neighbourhood shall not be revised except for special reasons to be recorded in writing by the Deputy Commissioner. The tenure in such cases Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 16 Grant of tank beds for temporary cultivation. 16. Grant of tank beds for temporary cultivation. (1) Beds of tanks should not be given for cultivation, but in special seasons of scarcity of rainfall, the Deputy Commissioner may, if he is satisfied that there is no prospect of storing any water during the season, and the cultivation of the bed would not affect the interests of the cultivators below the tank, or of the people generally, give the bed of any tank for cultivation for a season, subject to the condition that dry crops alone should be cultivated and manure should on no account be used. Further, the cultivator will not be entitled to claim any compensation on account of the submersion of such lands, from any cause whatsoever. The permission to cultivate the tank bed should be restricted to a single dry season, viz., from February to the end of April or May and such permission should not be renewed from year to year without considering afresh all the circumstances on each occasion. Moreover, no one I man should be allowed to cultivate the same plot for more than three years in succession. Raiyats who cultivate the tank bed lands in anticipation of permission in years of scanty rainfall need not be subjected to any penalties. Temporary assessment should however be collected for the area cultivated by them. Even in years of normal rainfall the portions of the beds of tanks which are larger than the actual water spread and above their waste weir contours may be given for cultivation by Taluk Officers with the sanction of Deputy Commissioners. Where the tanks have narrow sluice barrels, the Public Works Department should invariably be consulted before each case of grant. {G.O. Nos. 2588-98-L.R. 474-27-2, dated 21-9-1928 and R. 6346-56-L.R. 297-28-78, dated 5-2-1929} (2) The beds of breached tanks which have not been permanently abandoned may be given out for cultivation temporarily, if after communication with the Public Works Department, it be found that there is no prospect of the tanks being restored immediately. Such grants will be made ordinarily for one year at a time and in no case should the period exceed three years without the sanction of the Revenue Commissioner. The grantee shall use the lands only for the purpose of cultivation and shall not be entitled to cut down or remove any trees, etc., standing thereon. He shall pay assessment at the prevailing rates of Government lands of similar" quality in the village: provided that, when there are more applicants than one for the same land, it will be sold by auction and granted to the person who offers the highest amount of annual rental at the sale. {Amended by Notification No. R. 3726-L. R. 209-21-2, dated 4-2-1922.} (3) Beds of tanks finally abandoned may be given out for cultivation permanently after being sub-divided and assessed in the same manner as other unassessed lands. But all such lands should ordinarily be sold by public auction and the sales should be held by the Revenue Sub-Division Officer. The Revenue Commissioner may in special cases, order their disposal for an upset price equivalent to their market value. The beds of kattes or the so called tanks which have no atchkat under them may be disposed of by the Revenue Commissioner in the manner he deems fit. {Added by G.O. No. R. 453-63-L.R. 209-21-4. dated 19-7-1922, and amended by G.O. No. 3689- LR. 54-25-6, dated 25-1-1926.} Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 17 Disposal of Fishing Rights in Government Tanks. [17. Disposal of Fishing Rights in Government Tanks. (1) Subject always to such rights of the public or individuals as are legally subsisting, the Director of Animal Husbandry Services in Karnataka, Bangalore, is authorised to exercise control over the fisheries in major tanks, reservoirs, rivers and channels all over the State except Bellary District, and to declare in the Official Gazette, the Officers by whom and the form in which and the terms and conditions subject to which any licence for fishing shall be granted or fishing, leased out and to fix the period of licence and the nature of the instruments to be used for fishing. (2) (i) Subject to any rule in force made under the provisions of the Karnataka Game and Fish Preservation Act, 1901, (Karnataka Act II of 1901), the fishery in Government minor tanks under the control of the Revenue Department may be sold annually by the Amildar of the Taluk or such other Officer as the Deputy Commissioner may direct. This will not affect the right of fishing, free of charge, in the case of raiyats who have done or are doing the usual maintenance work in respect of such minor tank; (ii) The Amildar of the Taluk or such other Officer of the Revenue Department as the Deputy Commissioner may by order authorise, may sell, subject to such conditions as the Deputy Commissioner may specify, the fishery rights in minor tanks in respect of which the villagers have not done or are not doing the usual annual maintenance works. (iii) Fishing in minor tanks shall be subject to the following conditions.
    • (a) all banks, etc., thrown up for the purpose of catching fish, shall be removed; (b) the right of fishing shall not be exercised near the front facing or weirs of the tank; (c) no damages shall be done to the facing or to the tank in any way ; and (d) the right of fishing shall not be exercised so as to render the water unfit for domestic purposes.] {Rule 17 substituted by Notification No. R. 10. 14482-R.M. 8-55-26, dated 7-12-1955.} Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] Page | 48 18 Removal of earth, stone, etc., from Government lands. [18. Removal of earth, stone, etc., from Government lands. {Amended by G.O. No. R. 1008-67-L.R. 395-18-13, dated 20-7-1920.} The Deputy Commissioner may, at his discretion, sell by public auction or otherwise dispose of the right to remove earth, fuller's earth, stone, kankar, sand, muram, or any other material which is the property of Government for a period not exceeding one year at a time in such quantities and on such terms as he thinks fit: provided that such sale or other disposal be made subject to the privileges conceded by the two next following rules and to such restrictions as may, from time to time, be laid down by Government. [Note. (1) 'Kankar' includes 'Lime Kankari/ chiefly used by the raiyats for making chunam, but does not include 'kankari limestone/ which is a product of the weathering of the ordinary limestone and which should not therefore be disposed of, as it is reserved.] {Added as per Notification No. R. 5442-L.R. 287-24-1, dated 7-3-1925.} [Note. (2) 'Stone' referred to in Rules 18, 19 and 20 includes only grey and dark grey granite but not other coloured ornamental stone. The right of removing the latter will be regulated by licenses granted by the Director of Geology, subject to the orders issued by Government in this behalf.] {Added as per Notification No. R. 1220-L.R. 448-38-7, dated 18-8-1939.} The rates charged by the Deputy Commissioner under the rule are given in Appendix M. {Notification No. R. 8622-L.R. 268-28-8, dated 20/24-4-1929} Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 19 Removal of earth, etc., for domestic, or agricultural purpose. 19. Removal of earth, etc., for domestic, or agricultural purpose. Any person may, within the limits of the village in which he resides, remove earth, stone, kankar, sand, muram or other material from the beds of rivers, tanks and nallas, or from any unassessed waste land not assigned for special purposes, for his own bona fide domestic or agricultural purposes, without payment of fee, so long as he does not interfere with or injure any work of irrigation or cause damage to land used or required for public purposes. Potters and brick and tile-makers shall be entitled to the same privilege for the bona fide purposes of their trade, but the Deputy Commissioner may prohibit the removal of the materials under this Rule from specified localities where excavation of the soil is likely to destroy valuable buildings, or impose such condition as may be considered proper when an extensive-trade is carried on. In special cases, the inhabitants of a village might be permitted to remove from the limits of a neighbouring village stones required for their own bona fide use. In such cases, a man' license should be obtained from the Amildar. {G.O. No. R. 7920-28-L.R. 138-7-43, dated 14- 4-1928.} [Notwithstanding anything contained in the foregoing paraghraphs, earth, stone, kankar, sand, muram or other material shall not be removed from any area within two hundred feet of the bridges on National Highways, District Fund or State Fund Roads and Railway lines.] {Added by Notification No. RD 92 CNA 59, dated 18-12-1959.} Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 20 Removal of earth, etc., by public departments or their contractors on payment of royalty. [20. Removal of earth, etc., by public departments or their contractors on payment of royalty. {Notification No. R. 5929-L.R. 545-11-4, dated 8-1-1915, as further amended by Notification No. R. 4889-L.R. 70C 4-4, dated 19th November, 1915} The Local Fund, Public Works and other Public Departments and Municipalities, or their contractors, if specially authorized by them to do so, may, subject to the payment of such royalty as may be prescribed by Government, remove earth, stone, kankar, sand, muram, and other material from the beds of rivers, nallas, public tanks or from any unassessed land or unoccupied assessed land not assigned for special purposes, for Government works or works of public utility; but the previous permission of the Deputy Commissioner is necessary for the removal of the materials from unoccupied assessed land, and he may prohibit the removal of the materials under this Rule from specified localities or impose such conditions as may be considered proper. [x x x x x.] {Omitted by Notification No. RD 10 Ry 57, dated 8-10-1958.} The Executive Engineer or other Competent Authority granting permission to contractors to remove materials under this Rule should forthwith give intimation of the same to the Deputy Commissioner. Such authority as well as the Local Revenue Officers should take necessary precautions to see that, in the removal of the materials, the contractors do not cause unsightly pits and hollows to be formed close to roads or in land fit for agricultural purposes rendering the same unfit for cultivation, or interfere with or injure any Government or private work of irrigation. Where sand, stone or such other materials are removed for a public work by any department or Local Authority by its own agency or through contractors to whom permission has been given under this Rule, the Officer-in-charge of the work should arrange to collect royalty at the prescribed rates and credit the same to Land Revenue. Executive Engineers and other Departmental Officers in the case of District Boards and Municipalities, etc., should furnish to the Deputy Commissioners of Districts every month a statement showing the names of persons to whom such permission is given, the quantities of the different materials used, the royalty payable thereon and the amounts actually credited. In all other cases, a person who wishes to quarry or remove the said materials whether for a Government work or other purposes, should obtain the permission of, and pay royalty to the Revenue Department directly. The rates of royalty at present fixed by Government are given in Appendix A. {Notification No. R. 8622-L.R. 268-28-8, dated 20/24-4-1929.} [Notwithstanding anything contained in the above paragraph earth, stone, kankar, sand, muram or other material shall not be removed from any area within two hundred feet of the bridges on National Highways, District Fund or State Fund Roads and Railway lines.] {Added by Notification No. RD 92 CNA 59, dated 18-12-1959.} Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)]
    • 21 Disposal of grazing and other produce of all unoccupied Government lands. 21. Disposal of grazing and other produce of all unoccupied Government lands. The grazing or other produce of all unoccupied land vesting in Government, whether a Survey Settlement has been extended to such land or not, and whether the same be assessed or not, and of all land especially reserved for grass or for grazing (except land assigned to villages for free pasturage), may be sold by public auction year by year, either field by field or in tracts, and at such time as the Deputy Commissioner shall determine: provided that the purchaser's right over land shall entirely cease on the 30th June, or on such earlier date as the land may be granted for cultivation on full assessment. Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] Page | 49 22 The Government may, if they think fit, sanction the disposal 22. The Government may, if they think fit, sanction the disposal of the grazing or other produce of any land, specified in the last preceding rule, otherwise Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 23 Disposal of grass growing on the rear slopes of bunds of tanks and channels and in tank beds. 23. Disposal of grass growing on the rear slopes of bunds of tanks and channels and in tank beds. Grass growing on the rear slopes of bunds of tanks and channels, should be sold separately, but should, under no circumstances, be allowed to be grazed by cattle. It should be cut and removed. In the case of those tanks and minor river channels the earthwork of which has been or is being done by the raiyats, the grass growing on the rear slopes of bunds may be cut and removed without charge and in tank-beds may be grazed free. The Public Works Department {G.O. No. R. 4883-94-L.R. 357-23-2, dated 12-2-1825.} should hold the sales of grass on the bunds of the channels in their charge. {G.O. No. R. 4883-94-L.R. 357-23-2, dated 12-2-1825} Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 24 Sale of produce of government trees. 24. Sale of produce of government trees. The produce of trees belonging to Government may be sold by auction annually. Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 25 Right to trees growing on the banks of a stream included in an occupied survey number. 25. Right to trees growing on the banks of a stream included in an occupied survey number. (a) If trees other than sandal or trees specially reserved under Section 42 of the Land revenue Code grow upon the banks or dry bed of a stream included in an occupied survey number, they belong to the occupant. (b) When a stream forms the boundary of an occupied survey number, the occupant should be allowed the benefit of the trees up to mid- stream subject to the provisions of the Land Revenue Code regarding alluvion (Sections 61 and Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 26 Procedure as regards sales by public auction. 26. Procedure as regards sales by public auction. Every sale by auction under these Rules, or in pursuance of any of the provisions of the Land revenue Code, shall, unless otherwise provided for, be conducted so far as may be, in accordance with Sections 171, 172, 176 to 183, both inclusive, and 186 of the said Code. Sales not otherwise provided for shall be made by auction by such persons as may be authorised in this behalf by these Rules or by the Deputy Commissioner. No sales of lands shall take place until after the expiration of at least seven days from the latest date on which the notice of sale shall have been affixed, as required by Section 172. When the estimated value of the property does not exceed two hundred rupees, the sale may be entrusted to the Revenue Inspector in charge of the Hobli or Circle, and where such value exceeds two hundred rupees, the sale shall be conducted by the Amildar or such other Officer as may be specially empowered in that behalf by the Deputy Commissioner. When the value of the property exceeds one thousand rupees, the sale shall be conducted by the Deputy Commissioner or by an Officer not below the rank of an Assistant Commissioner authorised by the Deputy Commissioner by general or special order. When the property consists of more than one lot, the estimated value shall be the value of each lot separately as an individual item and not the aggregate value of all the lots. {Inserted by Notification No. R. 12160-L.R. 493-50-2, dated 5-3-1951.} Sales of land shall be subject to confirmation by the Deputy Commissioner or by some other Officer authorized by these Rules or by the Deputy Commissioner, such confirmation not being ordered before the date of payment of the full amount of purchase money: Provided that, in conducting the following sales. (a) sales of the right of grazing and of the right to take or cut grass in waste lands; (b) sales of the right to take the fruit of specified Government trees for a specified period; and (c) sales of dead wood, the procedure shall be in accordance with such orders as may, from time to time, be made by the Deputy Commissioner either generally or specially in this behalf, instead of the procedure prescribed in Sections 171 and 172 of the Land Revenue Code. The Government -- the Revenue Commissioner, and the Deputy Commissioner may condone delays in the payment of full amount of purchase money in darkhast sales subject to the levy of penalty upto 10 per cent of the purchase money not exceeding Rs. 50 in any case. Provided that the power to condone the delay shall be exercisable by (i) the Deputy Commissioner in respect of delays not exceeding 15 days; (ii) the Revenue Commissioner in respect of delays exceeding 15 days but not exceeding 30 days; (iii) the Government in respect of delays exceeding 30 days. {Notification No. R. 11238-L.R. 45-52-28, dated 26-11-1952.} The proclamation and written notice of sale required to be issued under Sections 171 and 172 of the said Code shall be in one of the Forms contained in Appendix B or as near thereto as may be. {Notification No. 2396-L.R. 43-26-10, dated 22-10-1926.} Note. The Rule is applicable only to darkhast sates and not to sales held for the recovery or the arrears of land revenue. {Notification No. 8356-
    • L.R. 544-28-2, dated 18-4-1929.} Disposal of Unoccupied Government Lands [See Sections 36, 39 and 233(c)] 27 Cultivation of phut kharab and cases in which such cultivation is prohibited. 27. Cultivation of phut kharab and cases in which such cultivation is prohibited. Land included as unarable in a survey number assessed for purposes of agriculture only may, ordinarily, be brought under cultivation without extra charge by the occupant of such number, or by any one claiming under him, but such cultivation is prohibited in the following cases, viz. Page | 50 (a) when the land is occupied by a road, path-way or channel or by a tank used for irrigation or for drinking or domestic purposes; (b) when the land is used as a burial ground; and (c) when the land has been assigned for the use of the village potters or any public purpose: Provided that this prohibition shall not apply in the case of a tank, when such tank is used for irrigation only and waters only the land which is in the sole occupation of the occupant, or when the privilege of cultivating the dry bed of Purposes to which the Appropriation of Unalienated Land is Prohibited [See Sections 233(e) and 48] 28 Occupant of a survey number may remove earth, stone, etc., without rendering it unfit for cultivation. 28. Occupant of a survey number may remove earth, stone, etc., without rendering it unfit for cultivation. No occupant of land assessed or held for purposes of agriculture only and no person claiming under any such occupant may make any use of the land so as in the opinion of the Deputy Commissioner, thereby to destroy or materially injure the land for cultivation. But, provided this Rule is not infringed, the occupant and any person lawfully in possession of any such land may remove earth, stone, kankar, sand, muram or any other material of the soil thereof for his own bona fide domestic or agricultural purposes without previous permission and without payment of Purposes to which the Appropriation of Unalienated Land is Prohibited [See Sections 233(e) and 48] 29 Sanction of .Government necessary to the alteration of assessment under Section 48. [29. Sanction of .Government necessary to the alteration of assessment under Section 48.-»-x x x x x.] {Rule 29 omitted by Notification No. RD 36 LEA 57, dated 14-5-1959.} Purposes to which the Appropriation of Unalienated Land is Prohibited [See Sections 233(e) and 48] 30 Assessment of Land Revenue by the Department of Land Records. 30. Assessment of Land Revenue by the Department of Land Records. When, for any reason, it becomes necessary to assess lands not already assessed, the following rules shall be observed. (a) Should the land to be assessed be within the local operation of an order made under Section 106, the assessment shall be invariably fixed by the Department of Land Records under Section 111. (b) Should the land to be assessed not be within the local operation of an order under Section 106, the assessment shall be fixed by the Deputy Commissioner under Section 50. (c) By "land within the local operation of an order under Section 106" shall be understood all villages into which a Survey Settlement has been introduced. In such villages, the Deputy Commissioner shall, under Section 50, fix any assessment of a temporary character permissible under the rules and not intended to be brought on the Survey Registers. (a) Assessment of Land Revenue by Whom to be Fixed [See Sections 2330), 50, 53 and 111] 31 Assessment on compounds and open patches of ground surrounding bungalows and houses. 31. Assessment on compounds and open patches of ground surrounding bungalows and houses. Compounds surrounding bungalows and patches of open ground surrounding houses up to such limit of area as Government may from time to time fix for each district or part of a district shall be subject, as regards their assessment to the land revenue, to the same rules as are applicable to the land on which the bungalows or houses stand. (a) Assessment of Land Revenue by Whom to be Fixed [See Sections 2330), 50, 53 and 111] 32 When the Department of Land Records is to fix the water rate. 32. When the Department of Land Records is to fix the water rate. When water rates for the use of water, the right to which vests in Government under Sections 53 and 111, have to be fixed, such rates shall invariably be fixed by the Department of Land Records in respect of all lands within the local (b) Rates for the Use of Water [See Sections 53 and 111] 33 Application for permission to use Government water. 33. Application for permission to use Government water. {G.O. No. R. 1643-L.R. 105-33-3, dated 16-9-1935.} (a) Any person desiring to use water for irrigating a land not assessed as wet land, shall make an application in writing to the Amildar or other Officer duly authorised to receive such application for permission to make use of water. Such Officer may grant permission to make use of water for one year. If, however, it is considered desirable to continue the supply of water for more than, one year, the Public Works Department should be consulted. If it is certified by that department that me additional demand for water may be met without difficulty in a year of normal rainfall, the permission may be continued. If, during the next five years successively, there is no complaint from the holders of the atchkat lands, and the holder of the land in question applies for the supply of water being made permanent, then steps should be taken to convert the land into wet or garden, as the case may be, in consultation with the Commissioner for Land Records, Survey and Settlement. [(aa) Subject to the conditions specified in paragraph (a). (i) the Deputy Commissioners are authorised to sanction oconversion of dry lands into wet or garden lands; (ii) the Divisional Commissioners and the Deputy Commissioners are
    • authorised to sanction conversion of wet or garden lands into dry lands, up to an extent of 5 acres and 2 acres respectively.] {Clause (aa) inserted by Notification No. RD 49 LGE 58, dated 1-6-1960.} (b) The water-rate leviable for the use of water for temporary cultivation will be fixed at double the difference between the dry assessment of the land concerned and the wet assessment of the neighbouring wet lands: Provided however that in the case of a work of irrigation newly constructed, the Deputy Commissioner may sanction the use of water for specified periods and fix the water-rate in accordance with the provisions of the Karnataka Irrigation Act or the special orders of Government, if any. In the case of irrigation works to which the Karnataka Irrigation Act does not apply, the levy of wet or garden rates, after irrigation settles down, should be done in consultation with the Department of Land Records and Settlement: Page | 51 Provided also that in the case of tanks and other works under which irrigation has to- be developed, the Deputy Commissioner may sanction the use of water for a period not exceeding five years at a time, and levy as water rate the difference between the dry assessment of the land concerned and the wet assessment of the neighbouring lands. When water used for irrigation cannot be obtained without raising it by baling or by a mechanical contrivance, a deduction of one-fourth of the water rate will be made subject to a maximum of Re. 1 per acre. (c) In cases where the water rates have been levied on inam or unalienated lands, under any other principle by Competent Authority, such rates shall be continued, until they are revised under Section 53, Land Revenue Code, or Section 29, sub-section (3) of the Karnataka Irrigation Act or until the introduction of Revision Survey and Settlement. (b) Rates for the Use of Water [See Sections 53 and 111] 34 Penalty for use of Government water without permission. 34. Penalty for use of Government water without permission. If any person uses water, the right to which vests in government, without obtaining permission, he shall be charged double the rate he would otherwise have been required to pay, had he applied for and obtained permission; and shall also be liable at the discretion of the Deputy Commissioner to pay as fine, five times the wet assessment of the whole survey number thus wholly or partly irrigated. But in the case of lands under the Borankanive tank in Tumkur District the rate leviable for the use of tank water for temporary cultivation will be fixed at only the difference between the dry assessment of the land concerned and the wet assessment of the neighbouring wet lands. {Notification No. R. 5538-L.R. 256-34-(b) Rates for the Use of Water [See Sections 53 and 111] 35 Forfeiture of occupancy to be effected when the land revenue falls in arrear. 35. Forfeiture of occupancy to be effected when the land revenue falls in arrear. Except as provided in the next following Rule, the holding on which an arrear is due shall be declared forfeited and proceeded against in the first instance unless the defaulter surrenders his personal property and desires it to be first sold or enters into some other arrangement by which the ready recovery of the arrear is insured. If the holding in respect of which the arrear is due consists of two or more survey numbers or of two or more portions of land or estates separately assessed, and the Deputy Commissioner shall be of opinion that the whole amount of such arrear could be realised by the sale of some one or more only of such numbers, or portions of estates, he may, in his discretion, restrict the forfeiture to such one or more of the said numbers, or portions of estates. Where the forfeiture is intended not for the purpose of sale but for taking possession and otherwise disposing of the holding, the previous sanction of Government shall be obtained in each case. When a holding which has been forfeited for default in payment of the land revenue due thereupon is not sold, or when the sale proceeds thereof are not sufficient to meet the arrear, the arrear or the balance of arrear payable by the defaulter shall ordinarily be remitted without having recourse to further compulsory process. But it is not intended that in all such cases the right of recovering arrears or balance of arrears from defaulters by other means should be altogether relinquished. In special cases, the Deputy Commissioner may enforce that right. Forfeiture of Occupancies and Disposal Thereof [See Section 54] 36 Procedure to be followed if default is made in the case of unenfranchised service inams. 36. Procedure to be followed if default is made in the case of unenfranchised service inams. Inam lands held for village service, revenue or police, or for religious or charitable purposes shall not be declared forfeited and sold, but the Deputy Commissioner shall proceed to realize the demand against the holders by the attachment and sale of their personal and other moveable property. In the case of unenfranchiesd inams on which arrears may be due, the Deputy Commissioner may, in the event of his failing to recover the arrears by the sale of the defaulter's personal or other immoveable property, obtain the sanction of Government to the Forfeiture of Occupancies and Disposal Thereof [See Section 54] 37 The tenure of enfranchised alienated inams not to be extinguished by forfeiture. 37. The tenure of enfranchised alienated inams not to be extinguished by forfeiture.- In the case of an enfranchised alienated holding which has been declared forfeited for the purpose of sale under Section 159, such forfeiture will not operate so as to extinguish the tenure on which the alienation was made by Government and the property shall be sold as alienated property, and conveyed as such to the purchaser. Provided, however, that if at such auction the property is bought in by Government, the Deputy Commissioner shall cause the land comprised in the holding to be entered in the records as unoccupied unalienated land. Forfeiture of Occupancies and Disposal Thereof [See Section 54] 38 Restoration of forfeited occupancy or alienated holding on payment of the arrear due. 38. Restoration of forfeited occupancy or alienated holding on payment of the arrear due. It shall be in the discretion of the Deputy Commissioner to restore any forfeited occupancy or alienated holding at any time [within three years of forfeiture] {Inserted by Notification No. RD 86 LGE 57, dated 15-2-1968.} on payment of the arrear in respect of which the forfeiture was incurred together with the amount of land {Added and amended as per Notification No R. 4582-L.R. 255-37-5, dated the 2/14-4-1938 and R. 71-83-L.R. 144-40, dated 18-10-1940} revenue in respect of the holding from the date of forfeiture to the date of restoration and {Added and amended as per Notification No. R. 4582-L.R. 255-37-5, dated the 2/14-4-1938 and R. 71-83-L.R. 144-40, dated 18-10-1940.} all [x x x x x] {The words and comma "the said arrear, land revenue" deleted by Notification No. RD 86 LGE 57, dated 15-2-1958.} costs and charges [within the said period.] {Substituted for the words "within a reasonable period" by Notification No RD 86
    • LGE 57, dated 15-2-1958} Amildars and Deputy Amildars {Rule 38 amended as per Notification No. R. 10-9253-R.M. 8-55-13, dated 3-9-1955.} may order restoration of khates of lands resumed to Government for want of bidders in all cases in which they have power to resume them, on payment of the arrears together with the amount of land revenue {Rule 38 amended as per Notification No. R. 10-9253-R.M. 8-55-13, dated 3-9-1955.} in respect of the holding from the date of forfeiture to the date of restoration and all costs and charges lawfully due by the defaulter. {Rule 38 amended as per Notification No. R. 10-9253-R.M. 8-55-13, dated 3-9-1955.} Forfeiture of Occupancies and Disposal Thereof [See Section 54] 39 Sale of forfeited holding. 39. Sale of forfeited holding. Page | 52 Every sale of a forfeited holding as such shall be made subject to the same rules and orders as are applicable to the sale of unoccupied unalienated lands, so far as they are consistent with the provisions of Chapter XI of the Land Revenue Code. The form of proclamation of sale under this Rule shall be as in Form (3) of Appendix B { Amended by G.O. No. R. 1054-63-L.R. 369-4, dated 23-8-1904.} Forfeiture of Occupancies and Disposal Thereof [See Section 54] 40 Protection of interests of co-occupants and other persons interested in the continuance of occupancy or alienated holding. 40. Protection of interests of co-occupants and other persons interested in the continuance of occupancy or alienated holding. {Amended by Notification No. R. 11621-L.R. 523-05-1, dated 7-3-1905.} With a view to protect the interests of co-occupants and other persons interested in the continuances the occupancy or alienated holding as provided for, in Section 77, Deputy Commissioners shall give them notice before declaring the occupancy or alienated holding forfeited, provided they register their names and their interest in a register to be opened in the Taluk Cutchery for the purpose and pay on every application for such registry a fee of one rupee in the shape of Court Fee Stamps of (sic) value to be affixed to the application. This provisional not apply to co-occupants who may have their names of shares entered in the records under Rule 75. The registry thus made shall not give a right to the parties concerned to receive notices under this rule for more than five official years beginning with the year on registry unless a fresh application is made before the expiry of the period and the entry in the Register renewed. No fee will, however, be charged on applications for such renewal. No fee will be charged on applications made by Co-operative Societies for entering their names in the Registration referred to above: Provided that in taluks where a Notification unable Section 4(2) of the Record of Rights Act has issued, (sic) notice contemplated in para 1 shall be issued to all personal whose rights (not being merely rights of easement) have been registered in the Record of Rights, without charging any fee. {Notification No. R. 5324-L.S. 63-33-3, dated 11-4-1934.} Forfeiture of Occupancies and Disposal Thereof [See Section 54] 41 Definitions. [41. Definitions. {Rules 41, 42, 43 and 43-A to 43-L substituted for Rules 41, 42, 43 and 43-A to 43-M by Notification No. RD 4 LAD 60, dated 10-5-1960.} In this chapter, unless the context otherwise requires. (a) "Displaced holder" means a person deprived of agricultural land owned by him having been acquired for a public purpose or for a company or for a Local Authority under the Land Acquisition Act; (b) "Displaced tenant" means a person deprived of agricultural land of which he was a tenant and which land he was cultivating personally, such land having been acquired for any public purpose or for a company or for a Local Authority under the Land Acquisition Act; (c) "Ex-servicemen" means persons who have been [prematurely] {Substituted for the word "permanently" by Notification No. RD 122 LAD 60, dated 26-7-1961.} retired from the former Karnataka State Forces or the former Indian Army or from the Armed Forces of the Union. (d) "Political Sufferer" means any person who had gone to jail or suffered substantial loss of property or income in the cause of Indian Independence or the establishment of responsible Government in Karnataka as a result of asking part in movements launched or sponsored by the Indian National Congress or under its sanction or by [the Karnataka State Congress or had been a member of the Ex- Indian National Army (Ex-I.N.A.)] Substituted for the words "the Karnataka State Congress" by Notification No. RD 11 LAD 62, dated 11- 6-1962.}, and includes the spouse or child of a deceased Political Sufferer; (e) "Sufficient holder" means a person who owns not less than two acres of garden land, or two acres of wet land having assured irrigation facilities from tanks or channels, or four acres of other kinds of wet land, or ten acres of dry land. Explanation. If a person owns more than one class of land, the extent of land owned by him for purposes of this clause shall be determined by converting the extent of different classes of land into the equivalent extent of dry land as follows. One acre of garden land or one acre of wet land having assured irrigation facilities from tanks or channels shall be deemed to be equivalent to two acres of other kinds of wet land or to [five acres of dry land.] {Substituted for the words ' four acres of dry 'and" by Notification No. RD 122 LAD 60, dated 26-7-1961.} (f) "Insufficient holder" means a person who is not a sufficient holder. (g) "To cultivate personally" means to cultivate land on one's own account. (i) by one's own labour; or (ii) by the labour of any member of one's family; or (iii) by hired labour or by servants on wages payable in cash or kind but not in crop share under the personal supervision of oneself or any member of one's family. Explanation.
    • In the case of a joint Hindu family, the land shall be deemed to be cultivated personally, if it is cultivated by any member of such family. (h) "Reserved trees" means Sandal, Teak and such other species of trees as the Government may by order declare to be reserved in any area or areas as may be specified in the order. Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 42 Powers of different Revenue Officers in respect of grant of lands. 42. Powers of different Revenue Officers in respect of grant of lands. Page | 53 The powers of the different Revenue Officers as regards the grant of land under these rules shall be as follows and any grant made in contravention of these provisions shall be void, and any person occupying any land under such a grant shall be dealt with under Section 59 of the Code. (1) The Tahsildar to whom the power of the Deputy Commissioner in this behalf has been delegated may grant not exceeding two acres of rain-fed wet land or four acres of dry land, provided the market value of such land including the value of trees thereon does not exceed three hundred rupees. (2) The Assistant Commissioner-in-charge of a taluk or any Assistant Commissioner appointed by Government to a district, to whom the duties and powers of the Deputy Commissioner as regards grant of un-occupied lands are assigned may grant land not exceeding two acres of land fit for garden cultivation or wet land with assured irrigation facilities from tanks or channels or four acres of other kinds of wet land or eight acres of dry land provided the market value of such land including the value of trees thereon does not exceed one thousand rupees. (3)(i) The Deputy Commissioner may grant land not exceeding five acres of garden land or wet land with assured irrigation facilities from tanks or channels or ten acres of other kinds of wet land or ten acres or dry land provided the market value of such land including the value of trees thereon does not exceed two thousand rupees; where the market value of such land including the value of trees thereon exceeds two thousand rupees but does not exceed five thousand rupees, the Deputy Commissioner may grant the land with the previous sanction of the Divisional Commissioner; (ii) Where the grant is made to a displaced holder or a displaced tenant, the Deputy Commissioner, may grant the land up to ten acres of garden land or wet land with assured irrigation facilities from tanks or channels or twenty acres of any other kind of wet land or forty acres of dry land, irrespective of the value of the land; (iii) The Deputy Commissioner may grant land required for the better enjoyment of the land held nearby to the land so held up to twenty guntas of garden land or wet land with assured irrigation facilities from tanks or channels or one acre of other kinds of wet land or two acres of dry land, provided the market value of such land does not exceed one thousand and five hundred rupees. The Deputy Commissioner may, with the previous sanction of the Divisional Commissioner, also grant land required for better enjoyment of the land held nearby up to one acre of wet land or two acres of dry land provided the market value of such land does not exceed three thousand rupees. (4) No grant of land shall be made by the Deputy Commissioner or other Officer, in any case other than those specified above, or in excess of the extent prescribed above except with me previous sanction of the Government. (5) In respect of determination of the value of trees for purposes of any of the preceding clauses, where the estimated value exceeds one thousand rupees, the valuation shall be got confirmed by the District Forest Officer and where there is a difference of opinion as regards the value between the Revenue Officer and the District Forest Officer, the valuation made by the District Forest Officer shall be deemed to be the value of the trees. Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 43 Procedure for disposal of lands for cultivation 43. Procedure for disposal of lands for cultivation. (1) Applications for grant of lands under the control of the Reserve Department shall be made to the Tahsildar of the taluk in which the land applied for is situated. It shall be in writing and shall contain the following particulars. (i) The name and address of the applicant; (ii) The extent of land, if any, already owned by him or his family if he is a member of a joint family; (iii) The particulars of the land applied for; (iv) And whether he belongs to a Scheduled Caste or a Scheduled Tribe or is a Political Sufferer or displaced holder or tenant. Applications presented to other authorities shall be forwarded by them to the Tahsildar. (2) The Tahsildar shall immediately on receipt of an application ascertain if the land in question is available for grant and is under the control of the Revenue Department. (3) If the land applied for is not available for disposal the application shall be rejected under intimation to the applicant provided that where the land applied for is Government land but is not under the control of the Revenue Department, and the Tahsildar is of the opinion that such land could be released for cultivation, he shall make a report to the Deputy Commissioner who shall, if necessary take appropriate action to get such land released for disposal. (4) All applications for grant of land under these rules shall be registered in the order in which they are received in a register which shall be maintained in the Taluk Office in {Substituted for the word and figure "Form 1" by Notification No. RD 122 LAD 60, dated 26-7-1961.} [Form 2] of Appendix 'D'. Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 43-A Preparation of list of lands available for disposal. 43-A. Preparation of list of lands available for disposal. For determining the lands available for disposal in any village, the Tahsildar shall prepare a list of the lands which have been or have to be assigned for special purposes under Section 39 of the Code, such as for free pasturage, for village cattle, for forest reserve or for any other public purpose including cattle sheds and stands, sites for stacking hay and other agricultural produce, manure pits, extension of Gramatanas, provision of sites for school buildings, playgrounds and gymnasia, sites for other public buildings like offices of village
    • panchayats and Co-operative Societies, burial and cremation grounds. Only unoccupied lands fit for cultivation remaining after reserving sufficient extent for the aforesaid special purposes, shall be included in the list of Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 43-B Restriction on disposal of land with reserved trees. 43-B. Restriction on disposal of land with reserved trees. No land with more than twenty-five reserved trees in an acre shall be disposal of for cultivation except under the special orders of Government. Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] Page | 54 43-C Ordinary grants of lands. 43-C. Ordinary grants of lands. (1) Lands under the control of the Revenue Department may be granted to an individual who. (i) is poor; and (ii) has attained majority; and (iii) is either a bona fide agriculturist cultivating land personally or bona fide intents to cultivate the land personally. (2) Notwithstanding anything contained in sub-rule (1) any individual holding land may be granted for an upset price, land near to the land so held, if such nearby land is, in the opinion of the authority granting the land, required for the better enjoyment or better cultivation of the land so held. (3) In respect of land granted under this rule. (i) The occupancy price payable for dry land and rain-fed wet land shall ordinarily be not less than ten and not more than twenty times the assessment of the said land; (ii) The occupancy price payable for wet land with assured irrigation facilities from tanks or channels shall be at such rates as may be fixed by Government from time to time; (iii) The occupancy price for garden land shall be the market value of such land; (iv) The occupancy price of any other land shall ordinarily be not less than six times and not more than twenty times the assessment of the said land; (4) As a rule land shall be granted on payment of occupancy price [x x x x x] {The words "or free of cost to poor and landless persons or insufficient holders who are eligible for the grant under Rule 43- C(l)." omitted by Notification No. RD 122 LAD 60, dated 1-11-1960.} In special cases where the land is very valuable or where there is no demand for the land from persons eligible for the grant under Rule 43- C(l) and (2), the Deputy Commissioner, or other Officer authorised by him in this behalf, may sell such land by public auction. Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 43-D Grant of lands to certain categories of persons and institutions. 43-D. Grant of lands to certain categories of persons and institutions. (1) (a) Lands under the control of the Revenue Department may be granted to a political sufferer who. (i) is poor; and (ii) has attained majority; and (iii) is either a bona fide agriculturist cultivating land personally or bona fide intends to cultivate the land personally. [(b) A political sufferer who is a landless person or an insufficient holder may be granted free of cost under this rule so much of area as to make up a total holding up to two acres of wet land with assured irrigation facilities from tanks or channels or four acres of other kinds of wet land or ten acres of dry land.] {Clause (b) of sub-rule (1) substituted by Notification No. RD 122 LAD 60, dated 26-7-1961.} (2) The following provisions shall be applicable to the grant of lands to displaced holders and displaced tenants. (a) The extent of land granted shall not exceed the extent of land of which the displaced holder or displaced tenant was deprived due to the acquisition. Explanation. For purposes of this Rule one acre of garden land shall be deemed to be equivalent to one acre of wet land having assured irrigation facilities from tanks or channels or two acres of other kinds of wet land or [five acres of dry land.] {Substituted for the words "four acres of dry land" by Notification No. RD 122 LAD 60, dated 26-7-1961.} (b)(i) Where the extent of agricultural land of which the displaced holder or displaced tenant was deprived by the acquisition was equal to or less than five acres of rain fed wet land, an equal extent of wet land with assured irrigation facilities from tanks or channels may be granted. Where such extent exceeds five acres, five acres plus half the area in excess of five acres may be granted in terms of wet land with assured irrigation facilities from tanks or channels; (ii) Where the' agricultural land of which the displaced holder or displaced tenant was deprived by the acquisition was arecanut garden land, an equal extent of wet land with assured irrigation facilities under tanks or channels or twice the extent of other kinds of wet land may be granted; (iii) Where the agricultural land of which the displaced holder or displaced tenant was deprived by the acquisition was dry land, an equal extent of dry land or one-fourth of that extent of wet land with assured irrigation facilities from tanks or channels or one-half of that extent of other kinds of wet land be granted; (iv) Where the land of which the displaced holder or displaced tenant was deprived by the acquisition was wet land other than wet land with assured irrigation facilities from tanks or channels, an equal extent of the same category of land may be granted.
    • (c) The extent of land, if any, to be granted to the displaced holder or displaced tenant shall be such that the total land held by him, whether as owner or tenant or party as owner or partly as tenant, after such grant shall not exceed twenty-five acres of garden land or wet land with assured irrigation facilities from tanks or channels or forty acres of other kinds of wet land or seventy-five acres of dry land; (d) The grant in favour of the displaced holder or displaced tenant shall not except with the previous sanction of the Government, exceed ten acres of garden land or wet land with assured irrigation facilities from tanks or channels or twenty acres of other kinds of wet land or forty acres of dry land; (e) A displaced tenant may be granted land free of cost up to two acres of wet land with assured irrigation facilities from tanks or channels or four acres of other kinds of wet land or ten acres of dry land, subject to the condition that he shall pay the betterment contribution, if any, in respect of that land and also the value of the trees standing on the land. Page | 55 (3) Educational Institutions. (a) Lands under the control of the Revenue Department may be leased by Deputy Commissioners to schools, colleges, training institutions for Social Welfare Workers and students' hostels (other than Government schools, colleges and hostels) recognised by the Director of Public Instruction or the University, as the case may be, for cultivation by the students of the schools or colleges or by the inmates of the training institutions for social welfare workers or the hostels, as the case may be, for such period not exceeding thirty years as the authority competent to lease the land deems fit, on an annual rent equal to the land revenue payable in respect of the land, and subject to the following conditions. (i) the land should be utilised only for the purposes for which it is leased; (ii) the proceeds derived from the land should be utilised only for the benefit of the institution; (iii) the land leased under this Rule should not be subleased; (iv) no act which is destructive or permanently injurious to the land should be done; (v) the lease may be terminated for contravening any of the aforesaid conditions, or for non-payment of the rent of the land for any year, or when recognition to the educational institution by the Director of Public Instruction or by the University, as the case may be, is withdrawn or by six months notice; (b) In determining the extent of land to be leased under clause (a), the Revenue Officer concerned shall have due regard to the availability of the land in the locality and the number of students or inmates in the Institution concerned, and the total extent of land which may be leased shall not exceed ten acres of wet land or twenty-five acres of dry or rain-fed wet land: Provided that land in excess of the aforesaid extent may be leased with the previous sanction of Government. (4) Village Panchayats. (a) Lands under the control of the Revenue Department may be leased by Deputy Commissioners to Village Panchayats for raising vegetable gardens and fruit trees, for such period not exceeding thirty years as the authority competent to lease the land deems fit, on an annual rent equal to the land revenue payable in respect of the land, and subject to the following conditions. (i) the land should be utilised for the purpose for which it is leased; (ii) the land should not be subleased or alienated; (iii) no act which is destructive or permanently injurious to the land should be done; (iv) the lease may be terminated for contravening any of the aforesaid conditions or for non-payment of the rent of the land leased for any year. (b) In determining the extent of land to be leased under clause (a), the Revenue Officer concerned shall have due regard to the availability of the land in the locality and the requirements of the panchayat concerned, and the total extent of land which may be leased shall not exceed ten acres of wet land or twenty five acres of dry land. {Inserted by Notification No. RD 89 LAD 60, dated 12-1-1961.} (5) Farming Co-operative Societies. (a) Land under the control of the Revenue Department may be leased by Deputy Commissioners to Farming Societies registered 'under the Karnataka Cooperative Societies Act, 1959, for such period not exceeding thirty years as the authority competent to lease the land deems fit, on an annual rent equal to the land Revenue payable in respect of the land and subject to the following conditions. (i) the land should be cultivated personally by the members of the Society; (ii) no act which is destructive or permanently injurious to the land should be made; (iii) the lease shall be terminated in case the registration of the Society is cancelled; (iv) the land should not be sub-leased or alienated; (v) the lease may be terminated for contravening all or any of the aforesaid conditions or for non-payment of rent of the land for any year. (b) In determining the extent of land to be leased under clause (a), the Revenue Officer concerned shall decide the total extent to be granted at the rates specified in Rule 43-F(2) for each individual of the Society.] Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 43-E Reservation of lands. 43-E. Reservation of lands. Lands available for disposal in a village shall be reserved, for grant to the different categories of persons eligible for such grant, in accordance with the following provisions. (a) Where the area of land available for disposal in any village is less than ten acres, the entire available extent shall be reserved for grant to applicants belonging to the Scheduled Castes and Scheduled Tribes who are ordinarily resident in the village; (b) Where the land available for disposal in a village is more than ten acres, fifty per cent of the land so available, subject to a minimum of
    • ten acres, shall be reserved for grant to applicants belonging to the Scheduled Castes and Scheduled Tribes ordinarily resident in the village, and the balance of the area may be disposed of to others ordinarily resident in the village in the order of priority specified in Rule 43-F; (c) Where there are no applicants belonging to the Scheduled Castes or Scheduled Tribes ordinarily resident in a village or where any land reserved for them under clause (a) or (b) is available after being granted to applicants belonging to such castes and tribes, the land reserved for them or the excess land reserved for them, as, the case may be, may be granted to other eligible persons ordinarily resident in the village in the order of priority specified in Rule 43-F; (d) Where after meeting the requirements of applicants ordinarily resident in the village under clause (c), any land reserved under clause (a) or (b) is still available for disposal, such land may be granted to applicants belonging to the Scheduled Castes and Scheduled Tribes ordinarily resident in neighbouring or nearby villages; Page | 56 (e) Applicants belonging to Scheduled Castes and Scheduled Tribes may be granted lands over and above the fifty per cent of the available land referred to in clause (b) if lands are available and there are no other applicants; (f) Where the extent of land available for disposal in a village is more than ten acres. (i) twenty per cent of such land shall be reserved for grant to political sufferers; (ii) ten per cent of such land shall be reserved for grant to landless toddy tappers residing in that village; and (iii) ten per cent of such land shall be reserved for grant to Village Officers and village servants of that village, who are landless or are insufficient holders, {Clause (f) substituted by Notification No. RD 140 LAD 60, dated 10-3-1961.} subject to the condition of minimum ten acres being reserved for grant to applicants belonging to Scheduled Castes and Scheduled Tribes: Provided that where there are no landless toddy tappers or Village Officers or village servants, the land so reserved shall be disposed of according to rules. Explanation.-In this rule "toddy tappers" means persons who in any area were tapping toddy prior to the introduction in such area, of the law relating to the prohibition of the manufacture, sale and consumption of intoxicating liquors.] (g) Notwithstanding anything contained in the preceding clauses, applicants who are displaced holders or displaced tenants who were cultivating personally the land of which they were deprived by the acquisition, may be granted any available land whether reserved under any of the preceding clauses or not in preference to all other applicants including applicants belonging to Scheduled Castes, Scheduled Tribes and applicants who are Political Sufferers. Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 43-F Order of priority and extent of land to be granted. 43-F., Order of priority and extent of land to be granted. (1) The lands available for disposal in a village, after reservation of the .extents specified in Rule [43-E] {Substituted for the figures and letter "43»F" by Notification No. RD 122 LAD 60, dated 26-7-1961} for grant to members of the Scheduled Castes and Scheduled Tribes and Political Sufferers, may be granted in the order of preference as indicated below. [(i) x x x x x; (ii) x x x x x.] {Items (i) and (ii) of sub-rule (1) omitted by Notification No. RD 122 LAD 60, dated 26-7-1961.} [(i) Educational Institutions; (ii) Poor, and landless persons ordinarily resident in the village; (iii) Ex-Servicemen; [(iv) Toddy tappers and displaced goldsmiths;] {Item (iv) substituted by Notification No. RD 59 LBM 63, dated 28-8-1964.} (v) Poor and landless persons ordinarily residing in neignbouring or nearby villages; (vi) Insufficient holders ordinarily residing in neighbouring or nearby villages.] {Item (iii) to (viii) renumbered as items (i) to (vi) by Notification No. RD 122 LAD 60, dated 26-7-1961.} (2) Subject to provisions of the preceding rules, every applicant [x x x x x] {The words "other than displaced holder or displaced tenant or political sufferer" omitted by Notification No. RD 122 LAD 60, dated 26-7-1961.}, may be granted two acres of garden land or wet land with assured irrigation facilities from tanks or channels or four acres of other kinds of wet land or ten acres of dry land. Land in excess of the aforesaid extent may be granted, if more land is available. [Explanation. For purposes of this rule "displaced goldsmith" means a goldsmith who has lost his job or who has given up his profession consequent on the coming into force the Gold Control Order, 1963.] {Explanation added by GSR 266, dated 28-8-1964.} Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 43-G Grant of lands under the preceding rules shall be subject to the following conditions. 43-G. Grant of lands under the preceding rules shall be subject to the following conditions. (1) In the case of grant of lands to applicants belonging to the Scheduled Castes and Scheduled Tribes, and to other applicants, who are unable to pay the occupancy price on account of poverty, the occupancy price may be waived up to rupees two hundred and the balance recovered in three annual instalments. (2) In the case of grant of land to applicants who are ex-servicemen the occupancy price shall be waived up to the extent awarded by Government under the Military Concession Rules. (3) In the case of grant of land free of occupancy price, the grant shall be subject to the condition that the grantee shall pay contribution or betterment levy in respect of the land and the value of trees standing on the land.
    • (4) Where the grant is made free of cost, or is made at a price which is less than the full market value, the grant shall be subject to the condition that the land shall not be alienated for a period of fifteen years from the date of the grantee taking possession of the land, after the grant: Provided that such land may be alienated with the previous sanction of the Government and subject to such conditions as the Government may specify, if the Government is of the opinion that in the circumstances of any case, it is just and reasonable to permit such alienation either for purposes of acquiring some other land or for any other purpose: Provided further that nothing in this clause shall apply to: (a) the alienation of any land in favour of the State Government or Co-operative Society as security for loans obtained for improvement of the land or for buying cattle or agricultural implements for the cultivation of the land, or alienation of any land in favour of the Indian Page | 57 Coffee Board as security for loans advanced by the Indian Coffee Board under the Coffee Development Plan; (b) the leasing of any land by a person who is a widow, a minor or who is subject to physical or mental disability or who is a serving member of the armed forces. (5) the grantee shall cultivate the land personally. (6) the land shall be brought under cultivation within two years from the date of the grantee taking possession of the land. (7) the grant is liable to be terminated [by the Divisional Commissioner or the State Government] {Inserted by GSR 52, dated 20-1-1979 and shall be and shall be deemed always to have been inserted.} the land resumed if any of the aforesaid conditions is not fulfilled, and on such resumption the land shall vest in Government free from all encumbrances: Provided that no land shall be resumed under this clause except after giving an opportunity to the grantee or his successor in interest to show cause why the grant should not be terminated and the land resumed. Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 43-H Grant of land for cultivation of plantation crops. 43-H. Grant of land for cultivation of plantation crops. (1) Notwithstanding anything contained in the preceding rules of this chapter grant of lands for cultivation of coffee, tea, rubber, cardamom, pepper and cashewnut may be made to any person: Provided that while making any such grant preference shall be given to applicants belonging to Scheduled Castes and Tribes and to other poor and landless persons and insufficient holders: Provided further that grant of lands for coffee cultivation shall be on a lease basis in the first instance subject to confirmation after the grantee obtains a license from the Indian Coffee Board for planting coffee on the area so leased within a period of five years from the date of such lease. (2)(i) Coffee, Tea and Cardamom Cultivation. An extent upto fifty acres may be granted to an applicant for coffee or tea or Cardamom cultivation provided the total holding under plantation crops of such applicant together with the area to be granted does not exceed one hundred acres; (ii) Rubber cultivation. An extent upto twenty-five acres may be granted for cultivation of rubber provided the total holding under plantation crops of such applicant does not exceed one hundred acres; [(iii) Pepper cultivation. An extent up to twenty-five acres may be granted for cultivation of pepper provided the total holding under plantation crops does not exceed one hundred acres; (iv) Cashewnut cultivation. An extent up to twenty-five acres may be granted for cultivation of cashewnut provided that the total holding under plantation crops does not exceed one hundred acres.] {Items (iii) and (iv) of sub-rule (2) substituted by Notification No. RD 122 LAD 60, dated 26-7- 1961.} (3)(i) Notwithstanding anything contained in Rule 42, the Assistant Commissioner may grant land fit for the cultivation of plantation crops mentioned above an area not exceeding five acres provided the market value of such land including the value of trees thereon does not exceed one thousand rupees; (ii) Notwithstanding anything contained in Rule 42, the Deputy Commissioner may grant land fit for the cultivation of plantation crops mentioned above an area not exceeding twenty-five acres provided the market value of such land including the value of trees thereon does not exceed two thousand rupees; where the market value of such land including the value of trees thereon exceeds two thousand rupees but does not exceed five thousand rupees the Deputy Commissioner may grant such land with the previous sanction of the Divisional Commissioner: Provided that where the extent of land to be granted exceeds twenty-five acres in extent or the value of such land including the value of the trees thereon exceeds rupees five thousand, previous sanction of Government shall be obtained. (4) Occupancy Price. The occupancy price payable in respect of grant of land under this rule shall be the market value of such land. [(5) (a) In the case of grant of lands for cultivation of plantation crops to applicants belonging to the Scheduled Castes and Scheduled Tribes and to other applicants who are unable to pay the occupancy price on account of poverty, the occupancy price may be waived up to rupees two hundred and the balance recovered in three annual installments.] {Sub-rule (4)(a) inserted by Notification No. RD 84 LAD 60, dated 16-8-1960.} (6) Conditions of grant. (i) The land granted shall not be alienated for a period of fifteen years from the date of the grantee taking possession of the land: Provided that such land may be alienated with the previous sanction of the Government and subject to such conditions as the
    • Government may specify, if the Government is of the opinion that in the circumstances of any case, it is just and reasonable to permit such alienation either for purposes of acquiring some other land or for any other purpose. (ii) The area granted shall be brought under cultivation within five years from the date of the grantee taking possession of land; (iii) The grant is liable to be terminated and the land resumed if the land is appropriated for a purpose other than that for which the land is 'granted, or if any of the aforesaid conditions is not fulfilled: ' Provided that no land shall be resumed under this clause except after giving an opportunity to the grantee or his successor in interest to show-cause why the grant should not be terminated and the land resumed. Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] Page | 58 43-I Cancellation of grant. 43-I. Cancellation of grant. Any grant of land made under these rules shall be liable to be cancelled [by the Divisional Commissioner or the State Government] {Inserted by GSR 52, dated 20-1 1979 and shall be deemed shall be deemed always to have been inserted.} and the land resumed to Government by the authority which granted it, where the grant has been obtained by making false or fraudulent representations: Provided that no such cancellation shall be made except after giving an opportunity to the grantee to show-cause why the grant should not be Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 43-J Grant of land to persons to whom lands have been leased temporarily. 43-J. Grant of land to persons to whom lands have been leased temporarily. Notwithstanding anything contained in the preceding rules of this chapter, in the case of agricultural land leased by Competent Authority to any person for purposes of cultivation at any time before the commencement of the Karnataka Land Revenue (Amendment) Rules, I960, if such land is available for disposal and if the conditions of the lease have been complied with, the land may be granted to the lessee. Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 43-K Grant of land discretionary. 43-K. Grant of land discretionary. Nothing contained in these rules shall be deemed to confer on any person any right to the grant of any land, and the authority competent to make or sanction the grant may pass orders as it deems fit taking all the relevant circumstances into consideration. Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 43-L Powers of Government. 43-L. Powers of Government. Notwithstanding anything contained in the preceding rules the Government may 'suo motu or on the recommendation of the Divisional Commissioner or the Deputy Commissioner if it is of the opinion that in the circumstances of any case or classes of cases it is just and reasonable to relax any of the foregoing provisions of these rules, it may by order direct such relaxation subject to such conditions as may be specified in the order, and thereupon land may be Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 44 Assessment of unassessed land to be fixed under Rule 30 and the same to continue during the currency of the survey settlement 44. Assessment of unassessed land to be fixed under Rule 30 and the same to continue during the currency of the survey settlement If the survey number has not already been assessed, it shall be assessed in the manner provided for Rule 30(a) and the assessment so fixed shall hold provided, pending the period for which the current survey Settlement for the village in which the land is situated has been guaranteed, and shall be liable thereafter Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 45 Payment of assessment when to commence. 45. Payment of assessment when to commence. If the permission to occupy a land happens to be granted at a time of the revenue year when it is impossible to derive any crop from the land within that year, it shall be in the discretion of the Deputy Commissioner to direct that Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 46 Grant of land at a reduced assessment or revenue-free 46. Grant of land at a reduced assessment or revenue-free. If it shall appear that the bringing of any survey number under cultivation will be attended with large expense, or if, for other special reasons, it shall seem desirable, it shall be competent to the Deputy Commissioner, with the previous sanction of Government to give the number revenue-free or at a reduced assessment for a certain term, or revenue-free for a certain term and at a reduced assessment for a further term, and to annex such special conditions to the occupancy as the outlay or other reasons aforesaid may seem to him to warrant; provided always that, on the expiry of the term or terms so agreed upon, the land shall be liable to full assessment under the rules then in force Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 47 Disposal of occupancy of building sites. 47. Disposal of occupancy of building sites. {Amended by Notification No. R. 6695-L.R. 482-11-1, dated 15-5-1912} The occupancy of building sites shall ordinarily be sold by auction to the highest bidder whenever the Deputy Commissioner shall be of opinion that there is a demand for such sites: but the Deputy Commissioner may, in his discretion, dispose of the occupancy of such sites by private arrangement, either upon the payment of a price fixed by him, or without charge as he shall deem fit {Amended by Notification No. R. 2828-L.R. 89-38-10, dated 13-12-1938} The sites given free shall not be alienated by the grantees to any other person. The value of sites shall be so fixed as to realize at least the full cost of the acquisition of the land appropriated for building purposes. Provided, however, that the value of individual sites may be above or below the average value, regard being had to the extent, situation and other natural advantages or disadvantages of such sites.
    • Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 48 Sales of Government lands by public auction. 48. Sales of Government lands by public auction. {Amended by Notification No. R. 10179-L.R. 395-16-6, dated 5-4-1917.} Auctions held under the last preceding Rule shall ordinarily be conducted in the town or village in which the land of which the occupancy is to be disposed of is situated. Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] Page | 59 49 Disposal of occupancy of building sites may be subject to special rules. 49. Disposal of occupancy of building sites may be subject to special rules. {Amended by G.O. No. 2228-37-L.R. 521-03-4, dated 8-9- 1904.} Occupancies of building sites shall ordinarily be disposed of without reserving an annual ground-rent, provided that. (A) When, as in the case of building sites at hillstations, or in the Malnad (for Rules, see Appendix C), Government have sanctioned special rules, such rules shall be followed. {Amended by Notification No. R. 6695-L.R. 482-11-1, dated 15-5-1912.} (B) The occupancy of land in towns and other places of considerable size or of increasing importance, shall be disposed of subject to the condition that the Deputy Commissioner may, with the approval of Government, prescribe subsidiary rules to regulate the following matters, namely. (a) the level, drainage, sanitation and ventilation of the buildings to be erected thereupon, the location of such buildings in relation to any street existing or projected, the design or materials to be employed, the dimensions or the cubical contents of the rooms; (b) value of the sites and the manner in which it shall be paid; and (c) the time within which the construction of the building should be begun and completed and any other matters not specifically mentioned above. The failure to comply with any of the conditions prescribed as aforesaid will render the building sites liable to resumption at the discretion of the Deputy Commissioner without payment of any compensation to the grantee, and the Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 50 Building sites to be divided into convenient lots before disposal, due provision being made for approaches and access of air and light. 50. Building sites to be divided into convenient lots before disposal, due provision being made for approaches and access of air and light. {Amended by Notification No. R. 5854-L.R. 173-06-2, dated 10-12-1906 and G.O. No. R. 12540-L.R. 384-19-5, dated 30-4-1920.} The land such as is described in clause (b) of the last preceding Rule, as well as all vacant land in other places, not already in the occupation of private individuals should, wherever possible, be demarcated on the ground into building sites, kanas, hulhittals, etc., numbered and mapped in such a manner that persons desirous of becoming occupants may clearly know what plots are available and indiscriminate applications may be summarily rejected. The demarcations should be done under the direction of the Amildar, in consultation with the Village Improvement Committee, if any, existing in the village. The Deputy Commissioner may allot a group of sites to persons of a particular caste or community and prescribe any reasonable terms or conditions to discourage the taking up of sites or their retention for mere speculation without building habitable residence thereon, or the purchase of an unnecessarily large number of sites by one and the same person. Due provision should be made in the plans for roads and approaches and access of air and light and careful regard should be had to sanitary requirements. Darkhasts for building sites should be registered in the Register to be maintained in Form 3 of Appendix D. All correspondence should be noted regularly in the register which should always be available for inspection by Superior Officers. In Rules 47, 49(B) and 50, the powers of a Deputy Commissioner may be exercised by any other authority empowered by Government in that behalf. Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 51 Procedure to be followed when a new village site is onened in lieu of the old or an addition is made to it 51. Procedure to be followed when a new village site is onened in lieu of the old or an addition is made to it Whenever a new village site is established in lieu of a former one, which it is determined for any reason to abandon, the new site shall be carefully marked out and mapped in the manner prescribed in the last preceding rule. When an entirely new village site is established, or an addition is made to an existing site, the same provisions shall be observed for demarcating such new or additional sites, but the disposal of the lots therein will be made under the Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 52 Disposal of occupancy of land near a railway station. 52. Disposal of occupancy of land near a railway station. The occupancy of land near a Railway Station and within half a mile thereof or such other distance from it as may from time to time be fixed by Government, may be given out for agricultural purposes at the discretion of Deputy Commissioners, subject to he condition that the land shall be liable to resumption without payment of compensation when it is required for public purposes; but such land shall only be given out for building purposes with the previous sanction of Government and subject to their orders in each case. Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 53 Disposal of other occupancies to which the above rules do not apply. 53. Disposal of other occupancies to which the above rules do not apply. The occupancy of land to which one of the foregoing rules is applicable, and concerning which no special orders have been passed by Government, shall be disposed of in such manner, for such period, and subject to such special conditions, if any, as the Deputy Commissioner, subject to the control of Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)]
    • 54 Upset price to be fixed when an occupancy is sold by public auction. 54. Upset price to be fixed when an occupancy is sold by public auction. Whenever an occupancy is sold by public auction, an upset price shall, if the Deputy Commissioner thinks fit, be placed thereon in order to guard the revenue against loss and to prevent applications being made for such occupancies when they are not really wanted. Every endeavour shall be made to see that the sale is widely advertised and conducted with due publicity. When once a sale is duly held and confirmed, it should not be set aside except on the ground of fraud or serious irregularity or want of due publicity in the first sale, merely because a higher value is subsequently offered for the land. {Notification No. R. 106-L.R. 25-25-22, dated Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] Page | 60 55 Written lease to be executed in case an occupancy is granted on special terms. 55. Written lease to be executed in case an occupancy is granted on special terms. Whenever the occupancy of land is granted on special terms, whether as to the amount of assessment or as to the conditions of the tenure, a written lease shall be executed by the Deputy Commissioner clearly setting forth the terms of the grant. Every such lease shall be in a form sanctioned by Government, and, if no suitable form has been already so sanctioned, reference shall be made and a sanctioned form obtained before the lease is executed. A duplicate shall be kept of every lease executed under this Rule. Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 56 Written permission by Amildar or Deputy Amildar to an intending occupant to enter upon his occupancy. 56. Written permission by Amildar or Deputy Amildar to an intending occupant to enter upon his occupancy. The permission in writing to be given by an Amildar or Deputy Amildar under Section 58 of the Land Revenue Code to enable an intending occupant to enter Grant of Occupancies [See Sections 58, 60 and 233(h) and (n)] 57 The limit of fine leviable for unauthorised occupation of land. 57. The limit of fine leviable for unauthorised occupation of land. The limit of fine to be levied under Section 59 of the Land Revenue Code when land is unauthorizedly occupied and appropriated to any non-agricultural purpose, shall be double the amount of the fine that would be leviable under Section 64 of the Land Revenue Code, if the same land being in the lawful occupation of the trespassed had been appropriated by him to the same purpose without the permission of the Deputy Commissioner. Limit of Fines to be Levied Under Section 59 [See Sections 59 and 233(1)] 58 Limit of fine leviable for appropriating agricultural land for non-agricultural purposes. 58. Limit of fine leviable for appropriating agricultural land for non-agricultural purposes. The limit of fine leviable under Section 63 may at the discretion of the Deputy Commissioner, be fixed at any sum not exceeding 25 times the assessment of the land actually appropriated to any purpose unconnected with agriculture, but shall in no case exceed Rs' 200 per acre. Fines Leviable when Unalienated Land Originally Appropriated for Purposes of Agriculture is otherwise Appropriated [See Sections 63, 64 and 233(n)] 59 Maximum fine leviable under Section 63. [59. Maximum fine leviable under Section 63. Notwithstanding anything contained in Rule 58, the amount of fine payable under Section 63 of the Code, shall be fixed by the Deputy Commissioner, at the rates within the limits specified in Column 3 of the Table below in respect of the areas specified in the corresponding entry of Column 2 thereof. {Rule 59 substituted by Notification No. RD 36 LEA 57, dated 21-2-1958.} TABLE Areas Rate of minimum Sl. and maximum fine No. per acre 1 City of Bangalore and an area within a radius of five miles Not less than five from the City limits hundred rupees and not more than thousand rupees 2 KolarGold Fields Sanitary Board Area Five hundred rupees 3 An area comprising the Municipal limits and an area within a Five hundred radius of two miles from the said limits of the Cities and rupees Towns of: Mysore, Chitaldurg, Davangere, Hassan, Kolar, Mandya, Tumkur, Harihar, Shimoga, Channapatna, Bhadravati, Chikmagalur Fines Leviable when Unalienated Land Originally Appropriated for Purposes of Agriculture is otherwise Appropriated [See Sections 63, 64 and 233(n)]
    • 59-A In respect of lands appropriated for the setting up of. [59-A. In respect of lands appropriated for the setting up of. (i) cottage industries; or (ii) small scale industries; or (iii) industries run by a Co-operative Society registered under the Karnataka Co-operative Societies Act, 1948 (Karnataka Act LII of 1948), the amount of fine payable shall not exceed fifty per cent of the fine payable under Rule 58 or Rule 59 as the case may be. Explanation. Page | 61 In this Rule. (i) cottage industry, means any industry carried on by a person at home, not being a factory; (ii) small scale industry, means any industrial business or enterprise with a capital outlay not exceeding two thousand rupees.] {Rule 59- A inserted by Notification No. R. 8068-L.R. 27-56-57, dated 13-9-1956.} Fines Leviable when Unalienated Land Originally Appropriated for Purposes of Agriculture is otherwise Appropriated [See Sections 63, 64 and 233(n)] 60 Fine leviable under Section 64, by whom to be fixed and to what extent 60. Fine leviable under Section 64, by whom to be fixed and to what extent. The fine leviable under Section 64 shall be fixed by the Deputy Commissioner at his discretion, but shall not exceed twice the amount impossible by him under Section 63. Fines Leviable when Unalienated Land Originally Appropriated for Purposes of Agriculture is otherwise Appropriated [See Sections 63, 64 and 233(n)] 60-A Exemption from payment of fine. [60-A. Exemption from payment of fine. {Amended by Notification No. R. 1191-L.R. 21-37-14, dated 9-9-1937 and Government Notification No. R. 3130-L.R. 248-43-3, dated 2-12-1948. } Notwithstanding anything contained in the foregoing rules, no fine shall be imposed for the appropriation of agricultural lands made over to, or acquired under the Land Acquisition Act at the instance of Government Departments, Municipal Councils, Local Boards or Village Panchayats for charitable or public purposes from which the Government Department, Municipality or Local Body concerned does not derive any profit, such as construction of a school building, laving out of playground, roads, hospitals, dispensaries, rest houses, etc. {Amended by Notification No. R. 1191-L.R. 21-37-14, dated 9-9-1937 and Government Notification No. R. 3130-L.R. 248-43-3, dated 2-12-1948.} The above concession shall also be extended to the lands made over or acquired for village extension and for the improvement of village sanitation at the instance of Village Panchayats. {Amended by Notification No. R. 8247-L.R. 297-Fines Leviable when Unalienated Land Originally Appropriated for Purposes of Agriculture is otherwise Appropriated [See Sections 63, 64 and 233(n)] 60-B Alteration of assessment when land assessed or held for agricultural purposes is used for non-agricultural purposes. 60-B. Alteration of assessment when land assessed or held for agricultural purposes is used for non-agricultural purposes. (1) Where unalienated land assessed or held for purposes of agriculture only is subsequently used with the permission of the Deputy Commissioner for any purpose unconnected with agriculture, the assessment upon the land so used shall except as otherwise directed by the State Government be altered under Section 48 by the Deputy Commissioner in the manner specified below. (a) in the case of land situated in any village the population of which does not exceed 5,000, the rate of non-agricultural assessment leviable shall be not less than the agricultural assessment leviable on such land and not more than Rs. 40 per acre; (b) in the case of land situated in any village or town other than those coming under sub-rule (c) of this rule, the population of which exceeds 5,000 the rate of non-agricultural assessment leviable shall be not less than Rs. 40 per acre and not more than Rs. 80 per acre; (c) in the case of land situated in any City or Town referred to under items (2) and (3) in the Table to Rule 59, the rate of non-agricultural assessment leviable shall be not less than Rs. 150 per acre and not more than Rs. 250 per acre; (d) in the case of Bangalore City the rate of non-agricultural assessment leviable shall be not less than Rs. 200 per acre and not more than Rs. 400 per acre. (2) Where unalienated land assessed or held for purpose of agriculture is subsequently used without permission for any other purpose, the rate of non-agricultural assessment leviable shall be one and one-fourth of the rates specified under sub-rule (1). Imposition and Revision of Non-Agricultural Assessment [See Sections 63, 64 and 233(n)] 60-C Levy of Non-agricultural assessment when to begin. 60-C Levy of Non-agricultural assessment when to begin. (1) The non-agricultural assessment shall ordinarily be levied from the first day of the revenue year next succeeding the revenue year in which permission to use the land for non-agricultural purposes was given, provided that where the use is temporary, the Deputy Commissioner may in his discretion levy it from the first day on which or the commencement of the year in which the non-agricultural use begins. (2) Where no permission was given, the non-agricultural assessment levied for non-agricultural use shall always be levied from the first day of the revenue Imposition and Revision of Non-Agricultural Assessment [See Sections 63, 64 and 233(n)] 60-D Extent on which conversion fine and non-agricultural assessment will be levied. 60-D. Extent on which conversion fine and non-agricultural assessment will be levied. Conversion fine and non-agricultural assessment will be levied at uniform rates for the entire extent converted for non-agricultural purposes, irrespective of Imposition and Revision of Non-Agricultural Assessment [See Sections 63, 64 and 233(n)]
    • 60-E Revision of non-agricultural assessment. 60-E. Revision of non-agricultural assessment. The period for which non-agricultural assessment is to be fixed shall be ten years. On the expiry of every period of ten .years the assessment fixed shall be liable to revision in accordance with the Code and the rules for the time being in force thereunder. Imposition and Revision of Non-Agricultural Assessment [See Sections 63, 64 and 233(n)] 60-F Re-imposition of agricultural assessment. Page | 62 60-F. Re-imposition of agricultural assessment. (1) When any holding, which has been assessed for any non-agricultural use, is used for agriculture only, the Deputy Commissioner may, on the application of the holder, remove the non-agricultural assessment and impose either the old agricultural assessment, if any, or may impose a new agricultural assessment at rates imposed on other similar agricultural lands in the vicinity. (2) Such agricultural assessment shall be deemed to have been imposed at the ordinary revenue settlement of the village in .which the land is situated and shall be subject to the same periodical revision and provisions of law in force for the time being. Imposition and Revision of Non-Agricultural Assessment [See Sections 63, 64 and 233(n)] 60-G Communication of orders and levy of assessment 60-G. Communication of orders and levy of assessment The Deputy Commissioner shall communicate any orders passed by him under these rules to the Tahsildar who shall direct the Village Officers to levy any non-agricultural assessment so ordered.] {Chapter IX-A and Rules 60-B to 60-G Imposition and Revision of Non- Agricultural Assessment [See Sections 63, 64 and 233(n)] 60-H Exemption from payment of non-agricultural assessment. [60-H. Exemption from payment of non-agricultural assessment. Notwithstanding anything contained in the foregoing rules, no non-agricultural assessment shall be imposed for the appropriation of agricultural lands made over to, or acquired under the Land Acquisition Act at the instance of Government Departments, Municipal Councils, Local Boards or Village Panchayats for charitable or public purposes, such as construction of school buildings, laying out of playgrounds, roads, hospitals, dispensaries, rest houses, etc., from which the Government Department, Municipality or Local Body concerned does not derive any profit.] {Rule 60-H added by Notification No. RD 36 LEA 57, dated 14-5-1959.} Imposition and Revision of Non-Agricultural Assessment [See Sections 63, 64 and 233(n)] 61 Eviction for appropriation of land for prohibited purposes or without permission. 61. Eviction for appropriation of land for prohibited purposes or without permission. When the occupant or any tenant or other person holding under or through him shall appropriate land in his occupation to any purpose prohibited by Rule 27 or unconnected with agriculture, without the permission of the Deputy Commissioner being first obtained, he shall be deemed to have committed a breach of the conditions of his occupancy; and if, after reasonable notice, he shall fail to restore the land to its original condition, he shall be deemed to have forfeited his right to occupancy of the land, and the Deputy Commissioner may proceed to evict him summarily in the manner provided in Section 209. The Deputy Commissioner may remove or cause to be removed any property, movable or immovable, belonging to the occupant standing or existing in or upon the land, and the cost of removal shall be defrayed by the occupant himself or in default by sale of the said property. Eviction for Appropriation of Land for Prohibited Purposes or without Permission [See Sections 48, 64 and 233(n)] 62 Village Officers to ascertain cases of alluvion and diluvion. 62. Village Officers to ascertain cases of alluvion and diluvion. It shall be the duty of the Village Officers, subject to the orders of the Amildar and the Deputy Commissioner, to ascertain from time to time and to record the changes caused by alluvion and diluvion in every holding subject to such changes. Alluvion and Diluvion {See Sections 47, 61 and 233(j)] 63 Assessment on alluvial land. 63. Assessment on alluvial land. (a) The Village Officers shall report to the Amildar when the area of any newly formed alluvion land or island, or of any abandoned river bed, to which the provisions of the Section 46 or Section 62 apply, exceeds the limit prescribed in those sections, so that the Amildar shall deal with it under the orders of the Deputy Commissioner, who will apply to the Department of Land Records to have the assessment fixed. (b) Newly formed alluvial lands and islands, and abandoned river beds to which the provisions of the said sections do not apply, may be disposed of by the Deputy Commissioner under the rules and orders applicable to unoccupied Alluvion and Diluvion {See Sections 47, 61 and 233(j)] 64 Notice of relinquishment of occupancy. 64. Notice of relinquishment of occupancy. The written notice of absolute relinquishment of an occupancy, required by Section 71 of the Land Revenue Code to1 be given to the Amildar or Deputy Amildar, shall be in the form of Appendix F, and shall be given before the 31st of March in the current revenue year. Such relinquishment shall have effect from the 1st April in such year, provided that Vaisakhi crops, if any, on lands thus relinquished, may be removed by the owner before the close of such year. In the year of Survey Settlement, however, whether original or revision, such relinquishments may be received up to the end of June of the year of such settlement. {Amended by G.O. No. R. 8156-65-L.R. 349-15-7, dated 5-2-Relinquishment of Occupancies [See Sections 71 and 233(n)]
    • 65 Agreement to be executed by the person in whose favour relinquishment has been made. 65. Agreement to be executed by the person in whose favour relinquishment has been made. The written notice of relinquishment of an occupancy by the registered occupant in favour of one or more persons, and the agreement to be entered into by such persons or the principal of such persons, shall be in the form of Appendix G. {G.O. N.R. 2910-L.R. 409-10-4, dated 25-11-1912.} Relinquishment of Occupancies [See Sections 71 and 233(n)] 66 Witnesses to such notices and agreements. Page | 63 66. Witnesses to such notices and agreements. Except as provided in the next following Rule, every notice and every agreement given under the last two Rules shall be endorsed by any two respectable witnesses to the effect prescribed below each of the said Forms, and the Amildar or Deputy Amildar who receives any such notice or agreement, will be held responsible for exercising due care in ascertaining the identity of the person who has signed the same notwithstanding that such notice or agreement has been Relinquishment of Occupancies [See Sections 71 and 233(n)] 67 Execution of these documents before the Registrar. 67. Execution of these documents before the Registrar. If the land has been transferred to the person in whose favour the relinquishment is made by a registered deed of conveyance or any other kind of instrument transferring the occupancy of the land, both the notice and agreement above referred to may be executed before the Registrar or Sub-Registrar registering the documents, who shall attest and then forward the same to the Amildar or Deputy Amildar in order that they may be given effect to at once so far as the particulars of holding are found to be correct. In such a case, they Relinquishment of Occupancies [See Sections 71 and 233(n)] 68 The same to be kept in the records of Amildars. 68. The same to be kept in the records of Amildars. All notices and all agreements received under Rule 64 or Rule 65 shall be kept in separate files in the records of the Amildar or Deputy Amildar. Relinquishment of Occupancies [See Sections 71 and 233(n)] 69 Village Accountant to prepare them free of charge. 69. Village Accountant to prepare them free of charge. It shall be the duty of every Village Accountant, if so desired by any occupant in his village or by any person in whose favour land is about to be relinquished by any occupant in his village, to prepare any notice or any agreement that may be necessary under Rule 64 or Rule 65 without fee or charge of any kind. A Village Accountant who prepares any such notice or agreements shall affix his signature beneath the words "written by" on the lower left hand corner Relinquishment of Occupancies [See Sections 71 and 233(n)] 70 Registry of occupancies in the name of person in possession as a reputed owner for twelve years. 70. Registry of occupancies in the name of person in possession as a reputed owner for twelve years. (1) When a person has been in possession of an occupancy as reputed owner for 12 years or upwards with or without a document and paid revenue therefor during that period, or where a person is in possession of an occupancy as owner under a deed duly executed and registered, he may make an application to the Amildar for the registry of his name in lieu of that of the registered occupant. (2) When during Jamabandi or at any other time it comes to the notice of the Amildar in any manner that a registered occupant has no actual interest or is believed to have no actual interest in an occupancy or in a survey number or recognised share of a survey number included in such occupancy, he may, of his own motion, hold an enquiry into the matter. (3) On receipt of an application under (1) above or when he proceeds suo motu as in (2), the Amildar shall cause a notice to be served on the registered occupant and also published in the village and in such other manner as he may deem proper and after three months from the date of service and publication of the notice, hold a summary enquiry and either order or refuse to order the transfer of registry. An appeal shall lie against this order to the Assistant Commissioner in charge of the Sub-Division and a second appeal to the Deputy Commissioner whose decision shall be final, but shall be without prejudice to the party aggrieved seeking such redress as may be open to him by law in a Civil Court. {G.O. No. R-197-213-L.R. 92-28, dated 9-7-1927.} Relinquishment of Occupancies [See Sections 71 and 233(n)] 71 Minimum extent of survey number for the several classes of land. 71 Minimum extent of survey number for the several classes of land. 71. Minimum extent of survey number for the several classes of land. Minima under Section 109 for the several classes of land in the various Administration of Survey Settlement-A. Sub-Division of Survey Numbers when permissible [See Section 233 (k)]- [See Sections 109 and 110(b)] 72 Recognized share when to be formed into a separate survey number. 72. Recognized share when to be formed into a separate survey number. During re-survey, in regard to lands used, or which may be used, for purposes of agriculture, every occupancy separately recognized in the village accounts, if not less in extent than the minimum for survey numbers, fixed in relation to such lands under Section 109, may be separately measured, classified and assessed and defined by boundary marks and made a survey number. {Amended by Notification No. R. 2275, dated 26-11-1901 and No. R 9598-L.R. 520-11-5, dated Administration of Survey Settlement-A. Sub-Division of Survey Numbers when permissible [See Section 233 (k)]- [See Sections 109 and 110(b)] 73 Sub-division of a survey number in cases of hardship or for government interests.
    • 73. Sub-division of a survey number in cases of hardship or for government interests. Nothing in the preceding rule shall prevent the Commissioner {He is now designated as Commissioner of Land Records, Survey and Settlement} of Land Records, Survey and Settlement at any time, subject to the provisions of Section 109, from dividing any survey number, either, occupied or unoccupied into two or more survey numbers when considered necessary in the interests of Government or in order to rectify any case of hardship such as might result from enforcing the liability under Section The Deputy Commissioner may direct or sanction the sub-division of a survey number under Sections 122 and 125; but he should not, under these or any other sections, make any sub-division or alteration of the boundary of any survey number in field. Such work must invariably be carried out by the Commissioner {He is now designated as Commissioner of Land Records, Survey and Settlement} of Land Records, Survey and Settlement to whom the necessary application should be made, who will then give orders as to whether the Page | 64 necessary field work is to be executed by the District Surveyor with the consent of the Deputy Commissioner or Administration of Survey Settlement-A. Sub-Division of Survey Numbers when permissible [See Section 233 (k)]- [See Sections 109 and 110(b)] 73-A Application by co-occupants, etc., to have each of their shares treated as a recognized share of a survey number. 73-A. Application by co-occupants, etc., to have each of their shares treated as a recognized share of a survey number. A co-occupant or co-sharer in a survey number may, at any time, present a written application to the Amildar to have each such share treated as a recognised share of a survey number subject to the provisions of Section 110 of the Land Revenue Code; arid the Amildar shall, if there is no dispute regarding the extent or location of, or right to, such share, or where the right to such share has been established by amicable settlement with the registered occupant or by a decree of a Civil Court, proceed to have the share constituted into a recognized share of a survey number in accordance with the standing orders in Administration of Survey Settlement-A. Sub- Division of Survey Numbers when permissible [See Section 233 (k)]- [See Sections 109 and 110(b)] 74 Recognition of shares in a survey number during re-survey. 74. Recognition of shares in a survey number during re-survey. When, at the time of re-survey, land is held by two or more occupants in shares, and each of the raid occupants has a separate account to which he pays his quota of the land revenue due in respect of the occupancy separately, but the proper share of each occupant has not been permanently divided from the rest, such land shall be measured as if it constituted one occupancy, and each co-occupant's share therein recorded in annas with a view to the proper assessment of each share being fixed at the introduction of the settlement, and each share being constituted a recognized share of a survey number. {Amended by Notification No. Administration of Survey Settlement-A. Sub-Division of Survey Numbers when permissible [See Section 233 (k)]- [See Sections 109 and 110(b)] 75 Registry of names of occupants. 75. Registry of names of occupants. On written application being made for this purpose to the Deputy Commissioner, the names of the co-occupants of the registered occupant of any survey number and the share in fractional parts of a rupee of each such co-occupant in the occupancy may be entered in the records along with the name and share of the registered occupant of the number, provided that no such entry shall (a) affect the liability of the occupants to Government or amongst themselves, for the land revenue of the number; or (b) be deemed to constitute the share to which it relates a recognized share of Administration of Survey Settlement- A. Sub-Division of Survey Numbers when permissible [See Section 233 (k)]- [See Sections 109 and 110(b)] 76 Erection of boundary marks by Department of Land Records and their dimensions. 76. Erection of boundary marks by Department of Land Records and their dimensions. The boundary marks erected by or under the orders of the Department of Land Records, Survey and Settlement are stones and mounds of earth or stones of the following dimensions. (a) Stones of l ½ to 2 cubits in length, half buried in the ground, and the exposed portions white-washed; (b) Mounds of earth or stones 8 cubits long, 4 cubits broad at bottom, ¾ cubit at top, and 2l/4 cubits high. (c) Stones 2 feet in length and 9 inches square, of dressed stone, allowed at Administration of Survey Settlement- B. Inspection, Maintenance and Repair of Boundary Marks [See Section 233 (k)]- [See Sections 130 to 133] 77 Boundary marks out of repair. 77. Boundary marks out of repair. For the purposes of Sections 131 and 132, when any mound is found to be not less than 1 cubit in height, it is to be considered in good repair, but when it has sunk below this height, it is to be considered in want of repair and it is to be raised to the height of 2 ¼ cubits. Also for the purposes of Sections 131 and 132, a stone as laid down in para (c) of Rule 76 above, 2 feet in length and 9 inches square of dressed stone found securely fixed in its correct position at the corner of a wet or garden field, will be held equivalent to the corner mounds being in repair. Administration of Survey Settlement- B. Inspection, Maintenance and Repair of Boundary Marks [See Section 233 (k)]- [See Sections 130 to 133] 78 Responsibility for repair of boundary marks. 78. Responsibility for repair of boundary marks. (1) The responsibility of the several landholders for the maintenance and repair of Boundary Marks on a common boundary lies on the holder of the survey number which is numerically lowest. (2) This is subject to the proviso that when any survey number is unoccupied or assigned for the public or Government purposes, the responsibility for the repair of the marks on its periphery shall pass to the landholder on the other side of the boundary. Repairs will be made at Government expense only when the marks in disrepair lie between survey numbers, each of which has no holder except Government. (3) Within each survey number, the holder or holders of each sub-division shall be responsible for the marks, if any, prescribed on the periphery of that sub-division to the same extent as they would be if "sub-division" were read instead of "survey number" in sub-rules
    • (1) and (2). {As amended by G.O. No. R. 3420-30-L.S. 55-35-5, dated 16-1-1935.} Administration of Survey Settlement- B. Inspection, Maintenance and Repair of Boundary Marks [See Section 233 (k)]- [See Sections 130 to 133] 79 Responsibility for repair of boundary marks 79. A mark which is on common boundary of two or more villages shall be repaired by the holder of the land in the village which is under restoration when the Administration of Survey Settlement- B. Inspection, Maintenance and Repair of Boundary Marks [See Section 233 (k)]- [See Sections 130 to 133] 80 Funds for repair of boundary marks to be maintained at Government expense. Page | 65 80. Funds for repair of boundary marks to be maintained at Government expense. The Deputy Commissioner shall provide funds for the repairs of Boundary Marks which are to be maintained at Government expense under sub-rule (2) of Rule Administration of Survey Settlement- B. Inspection, Maintenance and Repair of Boundary Marks [See Section 233 (k)]- [See Sections 130 to 133] 81 Amildar responsible for repairs. 81. Amildar responsible for repairs. The Amildar shall be responsible for the repairs of the Boundary Marks for which Administration of Survey Settlement- B. Inspection, Maintenance and Repair of Boundary Marks [See Section 233 (k)]- [See Sections 130 to 133] 82 Payment of amount allowed for repairs of boundary marks. 82. Payment of amount allowed for repairs of boundary marks. The amount allowed for the repair of Boundary Marks to be maintained at Government expense will be paid on the 1st January of each year, or on such other date as may be ordered, to the Patel of the village who will be held Administration of Survey Settlement- B. Inspection, Maintenance and Repair of Boundary Marks [See Section 233 (k)]- [See Sections 130 to 133] 83 Prevention of injury to boundary marks. 83. Prevention of injury to boundary marks. The digging of earth close around an earthen mound boundary mark is prohibited. A space of 2 feet in breadth all round each such mark shall be left untouched, so as to prevent injury to the mark. Administration of Survey Settlement- B. Inspection, Maintenance and Repair of Boundary Marks [See Section 233 (k)]- [See Sections 130 to 133] 84 Prevention of injury to boundary marks 84. (a) Boundary strips or ridges shall not be ploughed up or otherwise injured by cultivation. (b) The minimum width of boundary strips shall be: 1 In dry lands 1 1/2 ft. 2 In wet and garden lands 9 inches Provided that, (i) Where the boundaries of such lands are well defined by banks, hedges or the like, the actual width of the strip covered by such bank, hedge or the like shall be sufficient for the purpose of this rule; (ii) Where the boundary of the survey number also forms the boundary of Dominion India, the minimum width prescribed above shall be maintained for the portion of the boundary strip on the Mysore side; ' (iii) Where village boundaries have been defined at the time of Survey, such strips shall be maintained as so defined. (c) Any boundary strip or ridge which has been ploughed up or otherwise obliterated or the dimensions of which are less than those prescribed above shall be restored by the landholder concerned. Administration of Survey Settlement- B. Inspection, Maintenance and Repair of Boundary Marks [See Section 233 (k)]- [See Sections 130 to 133] 85 Inspection and maintenance of boundary marks. 85. Inspection and maintenance of boundary marks. The following rules for the proper maintenance and examination of field boundary marks are prescribed. (a) The Shanbhog and the Patel shall examine all the boundary marks in their respective villages at the time of the field inspection and the Shanbhog shall record in the Pahani Register, Village Form 7, the condition in which the Boundary Marks are found. (b) After the preparation of the Pahani Register as per Rule (a), the Revenue Inspector shall, upon the application of the Shanbhog and the Patel, give due notice under Section 130 to the occupants of lands whose Boundary Marks are out of repair to get the said marks repaired within specified time after the lapse of which there shall be a second inspection of these marks by the Shanbhog and the Patel, and should any repairs remain unexecuted, the omission shall forthwith be reported to the Revenue Inspector with a view to the responsibility of the defaulting landholders being duly enforced as provided for in para 2 of Section 130. On receipt of the Report, the Revenue Inspector shall issue a notice to the landholder intimating that, if the landholder fails to replace or repair the Boundary Marks within a fortnight, the same will be replaced or repaired by Government agency and the cost thereof recovered under Section 130 without further notice to the landholder. (c) A further test inspection of Boundary Marks shall be made in each village by the Revenue Inspector or other official deputed for the purpose. The inspection shall be made in the presence of the Village Officers and such of the landholders as may attend and the result recorded in column "Remarks and signature of the Testing Officer" of the Village Form 7.
    • (d) The Revenue Inspector shall at the time of his test inspections, certify the number of Boundary Marks missing or in disrepair in each Survey Number and take steps to replace such as are either missing or are in disrepair. If the landholders fail to replace or repair the Boundary Marks within the specified time, he shall proceed to recover the cost of replacing or repairing the marks from the landholders as a revenue demand. (e) The inspections by the Revenue Inspector shall be carried out in accordance with the programme prepared by the Amildar with the previous approval of the Sub-Division Officer. (f) The Amildar or the Deputy Amildar shall supervise the work done by the Revenue Inspector and send a monthly report of the number of villages visited, the number of Boundary Marks found to be out of order and the number set right, to the Sub-Division Officer or to the Assistant Commissioner-in-charge of the Taluk. Page | 66 (g) Amildars, Deputy Amildars, Assistant Commissioners-in-charge of Taluk, Jamabandi Officers and Deputy Commissioners shall personally examine the Boundary Marks of some of the lands in a few villages in every taluk as soon as possible after completion of the second inspection required by Rule (b). (h) The results of inspection under Rule (g) shall be recorded in the same way as in the case of inspections under Rule (c). (i) In the Annual Administration Report submitted by the Deputy Commissioners, a para should be specially devoted to the subject of Boundary Marks giving full information as to their inspection, number inspected, officers who inspected and tested them and such other particulars as are required in the Form attached hereto Taluk Number of Aggregate Total Number of Steps taken to Number of Name and Remarks villages in number of survey number of boundary get them boundary marks designation of which bandh numbers of which boundary marks found in repaired and brought to Inspecting pahani was bandh pahani was marks dispair and punishment standard and Officer made, Rule made, Rule (g) inspected stones missing awarded stones replaced (g) (1) (2) (3) (4) (5) (6) (7) (8) (9) (j) The District Land Record Officer being an Assistant to the Deputy Commissioner should help the latter. (1) by seeing that the programme of test inspections contemplated in sub-rules (d) and (e) is prepared judiciously and punctually in every taluk; (2) by obtaining the monthly reports laid down in sub-rule (f) and reviewing the same under the instructions of the Deputy Commissioner; and (3) by conducting test inspections in selected villages and communicating his observations and suggestions to the Deputy Commissioner or the Sub-Division Officer, as the case may be. Administration of Survey Settlement- B. Inspection, Maintenance and Repair of Boundary Marks [See Section 233 (k)]- [See Sections 130 to 133] 86 Land revenue payable by instalments; periods of instalments. 86. Land revenue payable by instalments; periods of instalments. The land revenue shall, until further orders, be payable in instalments at the periods and in the proportions (expressed in annas of each rupee of demand) set forth in the subjoined Table. Feb. March April May Malnad and 4 annas 4 annas 4 annas 4 annas {The periods of khist for both Maidan and Malnad Taluks were made the Maidan Taluks same by G.O. No. R. 3209-18-L.R. 226-21-2, dated 10-1-1922.} When the demand for the year is in any case less than one rupee, the amount due shall be collected in full at the first instalment. Note. This rule is made-applicable to the payment of assessment on coffee lands also. {The periods of khist for both Maidan and Malnad Taluks were made the same by G.O. No. R. 3209-18-L.R. 226-21-2, dated 10 1-1922.} Recovery of Land Revenue [See Sections 152 and 233(n)] 87 Malnad and maidan taluks in the State. 87. Malnad and maidan taluks in the State. The following taluks shall be considered Malnad, the rest of the country being considered Maidan. Hassan District Manjarabad and Belur. Chikmagalur District Mudigere, Koppa, Tarikere and Chikmagalur. Shimoga District. Recovery of Land Revenue [See Sections 152 and 233(n)] 88 Deleted 88. Deleted {Rule 88 deleted as per Government Notification No. R-10-14941-L.R. Recovery of Land Revenue [See Sections 152 and 233(n)]
    • 89 Time for commencing and closing of village accounts. 89. Time for commencing and closing of village accounts. All village accounts should begin on 1st July in any year and end on 30th June Recovery of Land Revenue [See Sections 152 and 233(n)] 90 Date on which each instalment is due. 90. Date on which each instalment is due. The 20th of each month, as given in the table appended to Rule 86, shall be the latest date on which instalments shall be paid. Page | 67 Recovery of Land Revenue [See Sections 152 and 233(n)] 91 Payment of assessment 91. Payment of assessment {Amended by Notification No. R. 2197-L.R. 34-04-3, dated 7-9-1904.} (1) All payments of revenue shall, as a rule, be made to the Village Patel, who shall grant receipts for the same in the prescribed form duly attested by the Village Shanbhog. Provided, however, as follows. (i) Any such payment may, at the option of the payer, be made into the Treasury of the taluk in which the land is situated, the remittance being accompanied by a memorandum giving full particulars of the amount due and of the properties on account of which the payment is made; (ii) Such payments may also, with the sanction of the Deputy Commissioner of the district where the payment is due, be made into any other Taluk Treasury in the district or into the District Treasury, the remittances being accompanied in each case by a memorandum as in proviso (i). (2) Where any such payment is made into a District Treasury or a Taluk Treasury under proviso (i) or proviso (ii), such payment shall not affect any sale held prior to the receipt, by the officer conducting the sale, of official intimation of such payment, or prior to the production before him of a voucher from the Treasury Officer concerned in evidence of the payment. Note. This Rule does not affect Article 270(3) of the Karnataka Account Code, which is as follows. Remittance Transfer Receipts are issued by Treasury Officers to Officers in all departments under the following conditions. (3) Land Revenue and Cesses. To persons having to pay land revenue and cesses in another district, when the amount to be remitted exceeds Rs. 50, on payment of premium at the following rates Rs Rs a p For sums exceeding 50 and not exceeding 100 0 8 0 For sums exceeding 100 and not exceeding 150 10 0 For sums exceeding 150 and not exceeding 500 1 8 0 For sums exceeding 500 and not exceeding 1,000 2 0 0 For sums exceeding 1,000 and not exceeding 2,0003 0 0 and not exceeding and for every additional Rs. 1,000 or fraction of Rs. 1,000 1 0 0 {Inserted by G.O. No. R. 1809- 19-R.M. 3-34-5, dated 11-10- 1934.} A single Transfer Receipt only can be granted to one remitter for each instalment; the particulars of the properties on account of which the money is remitted must be carefully detailed on the reverse, and the form filled up thus. Received from A.B. on account of C.D., Proprietor the sum of Rs......on account of land revenue demands to be transferred to his credit under Land Revenue, as per particulars on the reverse, at the Treasury.'7 (4) Treasury Officers received any such payment shall give immediate intimation of the fact to the Amildar of the taluk where the payment is due; and the latter shall lose no time in causing the necessary entry to be made in the village accounts. Recovery of Land Revenue [See Sections 152 and 233(n)] 92 Patel responsible for collections made and the Shanbhog to sign the Roz Khirdi. 92. Patel responsible for collections made and the Shanbhog to sign the Roz Khirdi. The Patel shall be responsible for the safe custody of all revenue collected by him, and the Shanbhog shall obtain the Patel's signature in his Roz Khirdi, in Recovery of Land Revenue [See Sections 152 and 233(n)]
    • 93 Time for remittance of each month's collections to the Treasury. 93. Time for remittance of each month's collections to the Treasury. On or before the 25th of the month, the Patel shall remit into the Taluk Cutcherry the whole of the collections made since the last remittance. The Shanbhog's Khirdi shall accompany every such remittance to enable the taluk authorities to see that the remittance corresponds with the sums entered in the Khirdi. Should the Patel fail in any month to make the remittance as aforesaid, it shall be the duty of the Shanbhog to present the Khirdi to the Taluk Cutcherry, punctually, on the 25th of the month, and the Amildar, or in his absence, the Sheristedar shall thereupon take immediate steps to recover from Recovery of Land Revenue [See Sections 152 and 233(n)] 94 Interest on arrears of revenue. Page | 68 94. Interest on arrears of revenue. Interest shall be charged upon all arrears of revenue from the first of the year following that to which they relate, at the rate of one pie per rupee per month, portions of a month and fractions of a rupee being omitted in the calculation. {Added by G.O, No. R. 2460-8-L.R. 206-08-3, dated 10-9-1918.} Recovery of Land Revenue [See Sections 152 and 233(n)] 94-A Interest payable by an inferior holder to a superior holder. 94-A. Interest payable by an inferior holder to a superior holder. Teh rate at which interest is payable by inferior to superior holders under section 96-A of the Land Revenuw Code on arrears of rent or land revenue due by them will be the same as that charged by Government on arrears of revenue. Such interest shall become chargeble from the date of default if rent or revenue or any in stalment therof is not paid according to the terms of any subsisting contract between the superior and inferior holder, or when there is no such contract from the first of the year following that to which the arrears Recovery of Land Revenue [See Sections 152 and 233(n)] 95 Notice of demand. 95. Notice of demand. (a) Notices of demand under Section 158 shall be issued by the Amildar or Deputy Amildar within whose charge an arrear accrues. These notices shall be in the form of Appendix I and shall, as a rule, be issued before any other coercive process is employed. (b) The costs of issuing notices of demand shall be as given in Rule 103. (c) The Deputy Commissioner or the Assistant Commissioner- in-charge of a taluk or the Amildar or Deputy Amildar, as the case may be, may, at his discretion, remit the fee in any case if it shall appear to him that its levy will occasion undue hardship. {Notification No. R. 2148-L.R. 205-08-7, dated 31-10-1911.} Recovery of Land Revenue [See Sections 152 and 233(n)] 96 Distraint. 96. Distraint. Distraint orders under Section 160, Land Revenue Code, shall be in the form given in Appendix J and shall be issued under the signature and seal of the Officer issuing the same. The distraint shall be made in the presence of a Panchayat consisting of not less than three respectable persons, and an inventory shall be made of the property distrained. A copy of the order and of the inventory shall be given to the defaulter if he is present. If he is absent and there is no properly authorized agent to receive them, the order of distraint shall be served on his usual place of residence or on the premises where the distraint is made. The property distrained shall not be disproportionate to the amount of arrears to be recovered. Standing crops or other ungathered products of land may either be sold at once, or reaped and gathered and stored at the cost of the defaulter, if delay in so doing is likely to operate to the prejudice either of the Government, or of the defaulter, or of both. All distrained .property, shall as a rule, be left in the custody of the Patel of the village unless some other arrangement is deemed more suitable. On all matters not expressly provided for in this Rule, the procedure regarding distraints shall, as far as may be, be similar to that prescribed in respect of attachments of moveable property by Civil Courts. {Amended by G.O. No. R. 14610-Recovery of Land Revenue [See Sections 152 and 233(n)] 96-A Notice of forfeiture of lands for arrears of revenue to be given to Civil Courts under whose order such lands had been previously attached. 96-A. Notice of forfeiture of lands for arrears of revenue to be given to Civil Courts under whose order such lands had been previously attached. If for purpose of recovering any arrears of revenue, any occupancy or alienated holding in respect of which a notice of attachment has been issued by a Civil Court, is declared forfeited or ordered to be attached and sold notice of the forfeiture or attachment for arrears and of the intention to bring the land and crops to sale in default of the arrears being liquidated, shall be given to the Civil Court under whose orders such previous attachment has been made. Recovery of Land Revenue [See Sections 152 and 233(n)] 97 Arrest of defaulters. 97. Arrest of defaulters. (a) The Government are not in favour of arrest of defaulters except in extreme cases. The power of arrest conferred by Section 163 should be exercised by the Deputy Commissioner only in such cases. (b) The cost of arrest shall be as given in Rule 103. (c) The subsistence money to be paid by Government to any defaulter under detention or imprisonment shall be fixed by the Deputy Commissioner who orders the arrest so as not to exceed one rupee per diem. Recovery of Land Revenue [See Sections 152 and 233(n)] 98 Sales. 98. Sales.
    • When the estimated value of movable or immovable property does not exceed Rs. [500] {Substituted for the figures "200" by Notification No. RD 45 CMD 60, dated 9-3-1960.} the sale may be entrusted to the Hobli Revenue Inspector and where such value exceeds Rs. [500] {Substituted for the figures "200" by Notification No. RD 45 CMD 60, dated 9-3-1960.} the sale shall be conducted by the Amildar or such other Officer as may be specially empowered in that behalf by the Deputy Commissioner. When the value of the property exceeds Rs. [2,000] {Substituted for the figures "1,000" by Notification No. RD 45 CMD 60, dated 9-3-1960.}, the sale shall be conducted by the Deputy Commissioner or one of his Assistants. If the property consists of more than one lot the estimated value shall be the aggregate value of all the lots and not that of individual items. {Amended by Notification No. R. 3840-L.R. 107-10-1, dated 14-12-1940 and G.O. No. R. 12160-Recovery of Land Revenue [See Sections 152 and 233(n)] 99 Sales Page | 69 99. (a) Every sale, shall, as a rule, be held on the day named in the proclamation, and, if necessary, continued from day to day (close holidays excepted), until all the properties specified in the proclamation shall have been sold. The Officer conducting the sale, may, however in his discretion, adjourn any sale for a period not exceeding three days, recording his reasons for such adjournment: provided that, when the sale is conducted by the Revenue Inspector in or within the precincts of the Amildar's or Deputy Amildar's Office, no such adjournment shall be made without the leave of the Amildar or Deputy Amildar if he is at headquarters. [(b) Where any land or other property is sold by public auction an upset price shall, if the Deputy Commissioner thinks fit, be placed thereon: Provided that where in the opinion of the Deputy Commissioner difficulty is likely to be experienced in effecting speedy recovery of the arrears or bidders are likely to be deterred from offering bids, no such upset price shall be placed.] {Substituted by Notification No. RD 221PES 358, dated 3-9-1958} [(c) Where in the opinion of the Deputy Commissioner, difficulty is likely to be experienced in effecting speedy recovery of the arrears or bidders are likely to be deterred from offering bids, it shall be lawful for the Deputy Commissioner or his nominee to bid at the auction and purchase the land or other property for a bid of rupee one: Provided that in the case of land forfeited under Section 159, the Deputy Commissioner may direct that the land be either resumed and dealt with as an unoccupied land or disposed of in such other manner as he may deem proper.] {Inserted by Notification No. RD 221 PES 358, dated 3-9-1958} [(d) Where the quit-rent due on an Inam land or village has been apportioned amongst several shareholders, and the lands held by each sharer are separately registered in the accounts, the holder of each sub-divided portion will be responsible for the quit-rent due on his portion only; but where no such apportionment of quit-rent has taken place, and the proprietary right in an Inam village is held jointly by several persons, the joint liability of the shareholder should be insisted upon for arrears of quit-rent due to Government. If, however, shareholders, notwithstanding that the lands are not divided, wish to have their shares separately registered, so that each sharer may pay his quota of the Government dues, and produce before the Deputy Commissioner an agreement signed by all of them, containing a full statement of the shares held by each and the amount of quit-rent payable by him, their several shares may accordingly be registered; and in such case, or where the shares have already been separately registered as Vrittis, the quit-rent due by each sharer may be collected from him. If any shareholder falls into arrear, his share shall first be sold and if it does not realize the arrear due, the joint responsibility may then be enforced and the other shares also sold, after due notice. The purchaser of the share sold will acquire all the rights of the defaulter, but free of all encumbrances created by him. (e) The certificate of sale of immovable property, to be granted under Sections 187 and 188, shall be in Form of Appendix K, and shall be engrossed on impressed stamp paper to be produced by the purchaser.] {The existing sub-rules (c) and (d) re-lettered as sub-rules (d) and (e) by Notification No. RD 221 PES 58, dated 3-9-1958.} Recovery of Land Revenue [See Sections 152 and 233(n)] 99-A Sales, [99-A. The party entitled to the payment of money for the recovery of which a sale of immovable property is held shall not be allowed to bid for or purchase the property without the express permission of the Deputy Commissioner. (2) If the party purchases by himself or through another person without such permission, the Sub-Division Assistant Commissioner may, if he thinks fit, on the application of the defaulter or any other person whose interests are affected by the sale, by order set aside the sale; and the costs of such application and order, and any deficiency of price which may happen on the re-sale and all expenses attending it, shall be paid by the party at whose instance the sale had been originally held. (3) In cases in which the Deputy Commissioner considers necessary, that the applicant should not be allowed to bid for less than the sum to be fixed, it shall be competent to him to so fix the minimum. (4) Where the applicant purchases with such permission, the purchase money and the amount for the recovery of which the sale is held may be set off against one Recovery of Land Revenue [See Sections 152 and 233(n)] 100 Registers of movable and immovable properties sold. 100. Registers of movable and immovable properties sold. Registers of movable and immovable properties sold shall be kept in the taluk in Recovery of Land Revenue [See Sections 152 and 233(n)] 100-A Remission to inam village with scanty rainfall. 100-A Remission to inam village with scanty rainfall. The rules which are in force from time to time in regard to remissions of revenue in Government villages on account of inadequate rainfall shall be applicable to the inam villages comprised in the tracts and the quantum of remission to be granted to the inferior holders shall be the same as for occupants in Government villages. The procedure to be adopted shall, as far as practicable, be the same as for Government villages. {No. R 4827-L.R. 169-39-3, dated 19-2-Recovery of Land Revenue [See Sections 152 and 233(n)] 101 Enquiry of Revenue Officers other than formal or summary. 101. Enquiry of Revenue Officers other than formal or summary. An enquiry which Act IV of 1888 (the Karnataka Land Revenue Code) does not require to be either formal or summary may be conducted by the Deputy Commissioners or their Assistants personally, or by reference to the Amildars. The evidence in such enquiry when
    • conducted by the Deputy Commissioners themselves or their Assistants, need not, in every case, be recorded in full, unless, in view of the importance of the case, the Officer conducting the enquiry considers it advisable to take down the evidence in full in writing. It will be sufficient if a brief summary of the evidence taken is recorded, with the opinion or decision of the Officer holding the enquiry, but when such enquiry takes place before the Amildar or Deputy Amildar, the whole evidence shall be reduced to writing, and the same submitted when necessary, to the Deputy Commissioner or Assistant Com-missioner-in-charge of the taluk, with a memorandum containing his opinion, on which the Deputy Commissioner or Assistant Procedure of Revenue Officers [See Sections 205 and 233(m) and (n)] 101-A Payment of expenses to witnesses. 101-A. Payment of expenses to witnesses. The payment of the expenses of witnesses summoned to appear before a Revenue Court of authority in any enquiry, suit or other Page | 70 proceedings, at the instance of any party, shall be regulated by Sections 160 to 162 of the Code of Civil Procedure; and the scale of such expenses shall not exceed the scale from time to time prescribed for Civil Courts by the High Court. In the case of witnesses summoned otherwise than at the instance of a party, the Revenue Court of authority, may order, for reasons to be recorded by it, that the expenses of such witnesses be made costs in the enquiry suit or proceedings and be paid by such of the parties as it may direct or by Government. {Inserted by Notification No. R. 8875-R.M. 133-06-5, dated 28-3-1907.} Procedure of Revenue Officers [See Sections 205 and 233(m) and (n)] 102 Procedure to be followed regarding investigation of cases, appeal petitions, etc. 102. Procedure to be followed regarding investigation of cases, appeal petitions, etc., As regards the details in conducting the investigation of cases, framing of plaints and petitions of appeal, and other matters not provided for by the Code of Rules, the provisions of the Code of Civil Procedure in force for the time Procedure of Revenue Officers [See Sections 205 and 233(m) and (n)] 102-A Notice to the party whose interest will be affected. 102-A. Notice to the party whose interest will be affected. No order of a Subordinate Officer shall be modified or reversed without due notice of the hearing of the case in appeal being given to the party whose interest will thereby be affected. {Inserted by G.O. No. R. 860-9-L.R. 211-13-1, Procedure of Revenue Officers [See Sections 205 and 233(m) and (n)] 102-B Appearance of parties by Advocates or Pleaders. 102-B. Appearance of parties by Advocates or Pleaders. Parties will be allowed to appear by Advocates or Pleaders, if they so desire, in the following cases, including appeals (1) cases falling under Section 221 of the Land Revenue Code; (2) regular suits under the Village Offices Act; (3) all other cases in which a formal enquiry has been prescribed under the Land Revenue Code or any other law. In any case not coming under the above category, the previous permission of the presiding Revenue Officer should be obtained before Legal Practitioners are allowed to appear. The Revenue Officer will, in granting or withholding such permission, exercise his discretion according to what is fair and reasonable having regard to all the circumstances of the case. Only Advocates of the High Court will be allowed to appear before the Government, and Advocates, or First Grade Pleaders before the Revenue Commissioner. {Inserted by Notification No. R. 6981-L.R. 398-12-5, dated 6-3-Procedure of Revenue Officers [See Sections 205 and 233(m) and (n)] 102-C Thumb impressions of illiterate men. 102-C. Thumb impressions of illiterate men. The impression of the left thumb of a person who is unable to write his own name and who is concerned in a revenue suit or case shall ordinarily be taken in printer's ink along with his mark. (1) to any original summons or notice in token of his receiving the copy served on him; (2) to any petition, plaint or statement presented by him in person; (3) to any book or paper in acknowledgement of the receipt of any document returned or a copy of any public document granted to him or of any money or cheque from the Court. {Added by Notification No. R. 3525-L.R. 713-14-3, dated Procedure of Revenue Officers [See Sections 205 and 233(m) and (n)] 103 Process fees. 103. Process fees. In the case of processes issued for recovery of arrears of revenue in summary and formal enquiries and other matters connected with the Revenue Administration, fees shall be collected at the following rates. Amount leviable for processes issued. I For the service of Demand Notice under Section 158-4 annas if arrears are below Rs. 5 and 8 annas if above. II For each Summons or Notice. Rs. a. (a) to a single Defendant, Respondent or Witness 0 8 (b) to every additional Defendant or Respondent or Witness residing in the same village 0 4 if the process be aplied for at the same time III For every Warrant.
    • (a) of arrest, in the case of every person to he arrested 1 0 (b) of attachment 0 8 (c) of delivery of possession, in respect of every such Warrant 0 8 IV For Proclamation, Injunction or Order, or every Process not otherwise provided for 0 8 Miscellaneous [See Section 233(n)] 104 Cost of the process server proceeding by railway, etc Page | 71 104. Cost of the process server proceeding by railway, etc. Any party may deposit the cost of proceeding by railway or conveyance, and in such cases, the Process Server shall be bound to proceed by such railway or Miscellaneous [See Section 233(n)] 105 Register of fees charged and collected. 105. Register of fees charged and collected. A register of fees charged and collected, and the salaries paid to Batta Peons and Amins should be maintained in each office and the collections and payments credited and debited to a separate head in the Treasury Accounts. Such payments shall not exceed the amount of collections. Miscellaneous [See Section 233(n)] 106 Service of processes on Government Officials. 106. Service of processes on Government Officials. All processes to any Government Official shall ordinarily be served through the Officer to whom he is subordinate. Miscellaneous [See Section 233(n)] 107 Inspection of documents. 107. Inspection of documents. The documents, maps, registers, accounts and records, the right of inspection of which is provided for in Section 91 of the Indian Registration Act (III of 1877), and in Section 232 of the Karnataka Land Revenue Code, 1888, and all public documents which any person has, under the provisions of any law for the time being in force, a right to inspect shall be open to inspection in the office of the Officer-in- charge of the same, during the usual office hours every day except Sundays and Public Holidays, on payment of the fee hereinafter prescribed in this behalf: provided always that no fee shall be levied by any village Officer for allowing inspection of any such document, map, register, account or other public document as aforesaid which is in his charge. Note By "Survey Records'' as used in Section 232 shall be understood completed documents prepared under Section 117 and not preliminary papers, such as Measurement and Classification Field Books, Bagait Taktas, etc. { Amended by Notification No. R. 8683-L.R. 341-08-2, dated 20-4-1909} The inspection of these will also be allowed and extracts and copies of them granted (except in case where the Director of Land Records, Survey and Settlement {He is now designated as "Commissioner for Settlement and Land Records} may consider it undesirable to do so), but on the distinct understanding that they are merely intermediate papers of no conclusive value and that the accuracy of the statements or entries recorded in them is not guaranteed. Note. (2) The words "Public Document" are to be deemed to have the same meaning as in the Indian evidence Act I of 1872 (See Section 74 of that Act). I. Inspection [See Section 232] 108 Inspection of documents 108. Except in the cases named in the last preceding rule, no inspection of any I. Inspection [See Section 232] 109 Grant of Extracts and Copies of documents. 109. Grant of Extracts and Copies of documents. No. uncertified copy or extract shall be obtainable of or from any document other than those described in Rule 107 nor otherwise than under this Rule. Any person entitled to inspect any public document under Rule 107 may himself make a copy, or employ his own agent to make a copy, of any public document, or of any portion of any public document of which he has duly obtained inspection, II Extract and Copies [See Section 232] 110 Grant of copy of document in charge of village Officer. 110. Grant of copy of document in charge of village Officer. The Officer-in-charge of any public document described in Rule 107 shall cause to be prepared, and give a certified copy of the same, or of any portion thereof under his own signature, to any person applying for such copy, on payment of the fee hereinafter prescribed in this behalf: provided that every application for a certified copy of any public document in the charge of a Village Officer shall be made to the Amildar or Deputy Amildar to whom such Officer is subordinate, who shall cause the copy to be prepared by the Village Accountant. Every such copy, after being compared by the Village Accountant, with the original, shall be signed by him in token of its being correct, and shall be sent by him to the Amidar or Deputy Amildar for the purpose of being certified and made over to the applicant. No Village Officer shall himself certify a copy to be a true copy, or receive or grant an application for any such copy.
    • II Extract and Copies [See Section 232] 111 Records of which copy cannot be granted. 111. Records of which copy cannot be granted. Subject to the proviso contained in the last preceding Rule, certified copies of public documents, or of portions of public documents, other than those described in Rule 107, may be granted, by the Officer-in-charge thereof to any person applying for the same, on payment of the fee hereinafter prescribed in this behalf: Provided. Page | 72 (a) that, in disposing of any such application, the Officer to whom the same is made shall be guided by the orders of Government and of any Officer to whom he is subordinate, and in case of doubt, shall, before disposing of the same, refer to his immediate superior for instructions; (b) that no copy of any official correspondence or of any opinion of a Government Law Officer, or of any order or resolution embodying any such opinion, shall be given by any Officer subordinate to a Deputy Commissioner without the Deputy Commissioner's previous permission or by any Survey Officer without the previous permission of the Director of Land Records, Survey and Settlement {He is now designated as "Commissioner for Settlement and Land Records}; (c) that no copy shall be granted of any record, map or plan which has been printed or lithographed and published under the authority of Government; and (d) that no copy of any document is to be given in any case in which it is II Extract and Copies [See Section 232] 111-A When copies of reports may be given. 111-A. When copies of reports may be given. In cases where orders passed by Government Officers are not self-explanatory, the parties affected will be entitled to a copy of the report or reports on which the orders are based, or an extract from such report or reports to the II Extract and Copies [See Section 232] 111-B Intimation of date on which copy will be ready. 111-B. Intimation of date on which copy will be ready. As soon as possible, after an application for a copy of a document is accepted, the chief ministerial Officer or other person authorised in this behalf shall intimate to the applicant, in person or by post the probable date on which the copy will be ready for delivery. If the copy is not actually ready on such date, a further intimation shall be given in like manner of the date on which the copy expected to be ready. {Inserted by G.O. No. R. 11671-80-L.R. 145-18-1, dated 18-6-1-1910.} Whenever an applicant for a copy is personally informed of the date on which it will be ready for delivery, the fact should be noted on the copy application and the signature of the party taken thereto, and whenever such intimation is sent by post, the date on which it was so sent as also the date on which the copy is expected to be got ready should similarly be entered on the application. {Inserted by G.O. No. R. 7435-44-L.R. 329-21-2, dated 27-6-1922. The whole of the period between the date of application and the date finally intimated as aforesaid both of which dates shall be endorsed in words on the copy furnished shall be taken for the purpose of Section 211 of the Land Revenue II Extract and Copies [See Section 232] 112. Receipt for payment of copying fee. 112. Receipt for payment of copying fee. On every certified copy or extract granted under these rules, there shall be endorsed, by the Officer who receives the fee for the same, a receipt in the following form (namely). "Received Rs. ………….. As… Ps…….. being the fee for this certified copy. Dated the ………….. of …………195 II Extract and Copies [See Section 232] 113 Mode of payment of fees. 113. Mode of payment of fees. The certificate on all certified copies of extracts granted under these rules shall be in the form prescribed by Section 76 of the Indian Evidence Act (No. I II Extract and Copies [See Section 232] 114 Entry of payment of fees. 114. Entry of payment of fees. When an application is made of an inspection or copy of any public document, or of any portion of a public document, and such application does not distinctly describe the number, date and nature of the document required, or if the description given in such application is incorrect, and it shall in consequence be necessary for the Officer-in-charge of the document to search his records in order to find it, a fee, at the rate hereinafter prescribed shall be payable by the applicant for such search, whether the inspection of copy for which he applies shall, on examination of the said documents by the said Officer, be granted or not: provided that no such shall be levied by a Village III. Searches [See Section 232] 115 Stamp duty or Court-fee in addition. 115. Stamp duty or Court-fee in addition. The following fee shall be levied under these Rules (namely). (1) For every inspection granted under Rule 107 by any Officer other than a Village Officer- 8 annas. (2) For every certified copy of a public document. (a) If the original be in English, for every 100 words or fraction of 100 words- 2 annas. (b) If the original be in the Vernacular, for every 100 words or fraction of 100 words- 1 annas.
    • (c) If the original be in a tabular form, whether in English or the Vernacular twice the rates, respectively named in clauses (a) and (b). (3) For every certified copy of a map of a survey number or of a recognized share of a survey number or of a field, or of any ordinary (uncoloured) village map, or plan of any immovable property -one rupee. (4) For every certified copy of a map or plan or of any portion of a map or plan, not falling under Article (3) of this Table such fee not exceeding fifteen rupees, and not less than one rupee, as the Officer who certifies the copy shall determine: provided that no fee exceeding Rs. 5 shall be charged by any Officer subordinate to a Deputy Commissioner, except with the permission of the Deputy Commissioner or by a Survey Officer except with the permission of the Director of Land Records, Survey and Settlement. {He is now designated as "Commissioner for Settlement and Land Records"} Page | 73 (5) The following fees shall be levied for search of records by any Officer other than a Village Officer. (a) Fee payable for the first document or entry; or if only one document or entry is applied for, then for that document or entry -8 annas; (b) Fee payable for every document or entry other than the first included in the same application and connected with the same subject -4 annas; (c) When the party does not know to which of two or more years a document or entry belongs, the fee for searching the records of every year other than the first shall be -4 annas. {Amended by Notification No. R. 8657-L.R. 365-09-4, dated 30-11-1910.} IV. Fees [See Section 232] 116 Mode of payment of fees 116. Mode of payment of fees. Except copying fees payable to Section Writers or Copyists, which should be paid in cash, every fee payable in accordance with the foregoing Table shall be paid in advance and in Court fee stamps affixed to the application. IV. Fees [See Section 232] 117 Entry of payment of fees 117. Entry of payment of fees. The amount of all fees so received shall be entered in accordance with the foregoing Table shall be paid in charge of the records. IV. Fees [See Section 232] 118 Stamp duty or Court fee in addition. 118. Stamp duty or Court fee in addition. Nothing in these rules is to be deemed to affect the provisions of the Stamp Act or Court Fees Act. The stamp-duty or Court fee with which any application, copy or extract made or furnished under these rules may be chargeable is to be deemed to be in addition to the fees prescribed by Rule 115, and care is to be taken that the requirements of the Stamp Act and Court Fees Act are properly fulfilled IV. Fees [See Section 232] 1000-A APPENDIX A [See Rule 20] 1000-A APPENDIX A [See Rule 20] APPENDIX A [See Rule 20] The following fees shall be levied for the removal of stone, earth, kankar, etc., from Government lands under Rule 20 of the rules under the Karnataka "Land Revenue Code. {Appendix-A substituted by Notification No. R. 10922-L.R. 183-51-9, dated 24-9-1953.} Material Method Royalty to be paid of per 100 cubic feet Measure In areas In all ment situated other within a places radius of 10 miles from Cities, District Headquart ers and Towns, with a populatio n exceeding 25,000 1 Stone "Buildings" {G.O. No. R. 576-88-L.R. 183-51-8, dated 14th April, 1953.} Actual Rs a. p R a p quantity . . s. . . of stone in a building 1 8 0 1 0 0 as per actual measure ment 2 Surplus [Notice is also given that if the Deputy Commissioner deems fit, it is open to him or his nominee to bid at the auction and purchase the said property on behalf of the State Government for a bid of rupee
    • one.] {Inserted by Notification No. RD 221PES 58, dated 3-9-1958} Movable Property Lot Number and Where Where When to be Whether the sale is Number description of attached now placed viewed subjectg to cinfirmation or articles not 1 2 3 4 5 6 Immovable Property Page | 74 Lot Description of lot Survey Government Present (Here enter any Number including local number, revenue including occupant other particulars situation supposed or Municipal any Local Cess, the Deputy estimated rent or number and any other known Commissioner annual value, and, if other fiscal fiscal charge may deem fit) leased, for how long, designation resting on the lot on what terms and to whom 1 2 3 4 5 6 N.B. No guarantee is given of the title of the said........or of the validity of any of the rights, charges or interest claimed by third parties. (Signed) Deputy Commissioner. (2) Form of Proclamation and Written Notice of Sale of the Right of Occupancy of Unoccupied land {Amended by Notification No. R. 4716-L.R. 233-19-4, dated 28th October, 1919.} Notice is hereby given that the right of occupancy of the undermentioned unoccupied land, situated in. the village of. ............ in the............. Hobli in the. ........ Taluk of the. ……. District, will be put up to public auction at. ........... on.. ......... the ............. day of. .....19 ……. at or after. .................. o' clock a. (or the p) m. The written (or printed) conditions of sale signed by ........... may be seen on application during office hours, on any office day before the day of the auction, to the Deputy Amildar (......) or Amildar of. ............. .or at the time of the auction, to the Officer, who conducts the same, and intending bidders are warned that they should ascertain the said conditions before bidding. Description of the Land. (Here give a full description of the land), viz., the survey number or numbers, if it has been surveyed; if not, its boundaries, the class of land, i.e., whether it is dry crop land, garden land or a building site, etc., the area of the land, adding "be the same more or less", the assessment, if any, at present payable for the land and designation of the Officer who conducts the sale. (Signed) Deputy Commissioner. (or other Competent Officer) Dated the......... Day of.........19 Conditions of sale are given below. (1) The sale shall be subject to confirmation by the Deputy Commissioner, or by some other Revenue Officer duly authorised to confirm the same. (2) It shall be in the discretion of the Deputy Commissioner or other Officer aforesaid, to accept or not to accept, the highest bid. (3) The highest bidder shall have no ground for complaint if the sale be not confirmed, or, if there be delay in the confirmation of the sale. (4) The party who is declared, subject to confirmation of the sale as aforesaid, to be the purchaser shall be required to deposit immediately 25 per cent of the amount of his bid, and in default of such deposit, the occupancy right shall forthwith again be put up and sold. (5) The full amount of the purchase money shall be paid by the purchaser before sunset of the 15th day from that on which the auction takes place, or if the said fifteenth day be a Sunday or other authorized holiday, then before sunset of the first office day after such fifteenth day. (6) In default of payment within the said period of the full amount of the purchase-money, the deposit after defraying thereto the expenses of the sale, shall be forfeited to Government and occupancy right shall be resold and the defaulting purchaser shall forfeit all claim to the occupancy right, or to any part of the sum for which it may be subsequently sold. (7) If the sale is not confirmed, the purchaser shall be entitled to receive back his deposit or his purchase-money, as the case may be.
    • (8) If the proceeds of the resale which is held by reason of the purchaser's default be less than the price bid by such defaulting purchase the difference shall be recoverable from him by the Deputy Commissioner as an arrear of land revenue. (9) The purchaser shall, previously to entering upon occupation of the land, obtain the permission in writing of the Amildar or Deputy Amildar under Section 58 of the Land Revenue Code. Such permission will only be accorded on the purchaser's paying Local Fund cess at the rate of one anna in the rupee on the amount of the purchase-money. If the land is occupied without such permission being first obtained, the occupation will , be liable to be treated as unauthorised under Section 59 of the Land Revenue Code. It is to be distinctly understood that the Government is not responsible for errors of description or in Page | 75 estimated extent of the land. (10) The purchaser will have to pay the assessment of the land and Local Fund cess thereon commencing with the year. Provided that, if without his own fault, he does not obtain possession of the land in due time to make use of it that year, he shall not be chargeable with the assessment and Local Fund cess thereof till the next following year. [See Rule 391 (3) Form of Proclamation and Notification of Sale of Immovable Property which has been declared forfeited. {Amended by Notification No. R. 4716-L.R. 233-19-4, dated 28th October, 1919.} It is hereby notified that in satisfaction of arrears of land revenue due by. .........'......... of. ............ a revenue defaulter the undermentioned immoveable property will be sold by public auction at the village of. ............... .in the Taluk of. ............. in the. ......... District on. ............... .provided that, when a village is divided into separate recognized vrithis, the Deputy Commissioner may, at his option, instead of selling the village as a whole sell each vrithi separately. The sale will commence at. ................. ... and the property will be knocked down to the highest bidder without reserve. (2) The amount of revenue due on the property is Rs.. ........ as shown in detail in the statement at foot. (3) Purchasers will be required to deposit 25 per cent of the purchase-money at the time of sale, and where the remainder of the purchase-money may net be paid within 15 days from the date of the sale, the money so deposited after defraying the expenses of the sale shall, at the discretion of the Deputy Commissioner, be liable to forfeiture either wholly or in part. (4) When such deposit shall not be made, nor the remaining purchase-money paid up, the property shall be resold and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold. But if the proceeds of the resale which is held by reason of the purchaser's default be less than the price bid by such defaulting purchaser the difference shall be recoverable from him as an arrear of land revenue. (5) The sale shall be stayed if the defaulter; or any person acting on his behalf, or claiming an interest in the property, tenders the full amount of the arrears of revenue with the interest and other charges, provided such tender be made before the property is knocked down. (6) The sale of the property will not become absolut IV. Fees [See Section 232] 1000-C APPENDIX C [See Rule 47] 1000-C APPENDIX C [See Rule 47] APPENDIX C [See Rule 47] Rules for the Grant of Building Sites in the Malnad Tracts of the Hassan and Chickmagalur Districts and also of the Shimoga District as far as they are applicable to the circumstances of that district. (1) Ten guntas of unassessed land should be the maximum extent to be-given ordinarily for the building of each house or hut. (2) The sites thus limited in extent will bear no assessment and should be given generally free and without sale. (3) The Deputy' Commissioner may, in his discretion, apply the provisions of Rule 45 to such sites. (4) When the extent exceeds ten guntas and evidently affords scope for coffee and other garden crops being grown thereon, an assessment of Rs. 1-4-0 per acre may be levied and also a fixed price of five rupees per acre or any fraction thereon, when under one acre and above 10 guntas. Whenever there are more applications than one, the land should be sold by public auction. The maximum extent should in no case exceed two acres, except with the sanction of Government. {Amended by G.O. No. R. 3524-32-L.R. 239-43-2, dated 19th January, 1934} (5) The trees on such land may be sold either by auction or for a fixed price; and if bought by any person other: than the one who obtained the land, a condition should be imposed for their removal within a prescribed time. IV. Fees [See Section 232] 1000-D APPENDIX-D 1000-D APPENDIX-D APPENDIX-D [FORM 1 Darkhast Application Taluk. ............ .Hobli…………….
    • 1 Name of the Applicant 2 Father's Name 3 Is the applicant. (1) a member of Schedule Castes or Schedule Tribes or (2) a political Sufferer or (3) an ex-service-man 4 Residence and Occupation Village 1st Preference II Page | 76 5 Preference III Preference Particulars 6 Survey No. Land 7 applied for Dry ........ ........ 8 Extent Wet ........ ........ 9 Garden ........ ........ Land standing in the Khate Village B. No. Extent 10 of the applicant or any classed as other member of the family Wet Bagayet Dry Village B. No. Extent Particulars Lands cultivated by the 11 of land classed as applicant as tenant owned or Wet Bagayet Dry cultivated Assessment paid by the 12 by the applicant ..... applicant Number of members in the 13 family of the applicant Number of Cattle owned by 14 the applicant Signature of the Applicant.] {Form I substituted by Notification No. RD 262 LGB 57, dated 20-1-1958.} FORM 1-A Endorsement Your application, dated. ............. .for grant of land in Survey Number. ............. .Village. ....... Taluk. ........... .District. ........ .is registered as No. ........... Tahsildar, Taluk............ {Form 1-A inserted by Notification No. RD 262 LGB 57, dated 20-1-1958.} FORM 2 [See Rule 41] *Register of Applications for the Occupation of lands in the Taluk of………of the ………………………. District Seri Date of Name of Whether Particulars of land applied for Date of Date al receipt applica applicati transmissi of Villag Surve Descripti Exte Assessme No. of nt and on was on to recei e y No. on nt nt Year darkha his presente Revenue pt of st residen d Inspector repor ce through or t Revenue village Inspector Officers or direct for report (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) * Amended by G.O. No. R. 3820-68-L.R. 89-16-5, dated llth October, 1917, and No. R. 12174-224-L.R. 367-18-1, dated 22nd March, 1919. FORM 2 [See Rule 41] *Register of Applications for the Occupation of lands in the Taluk of Estimated Whether land Date Saloe Date of Date of Date of Date of Duration, Remarks value and has been of proceeds receipt passing issue of delivery i.e., other ordered to be sale of saloe final saguvali thereof interval particulars disposed of by records orders Chit to the between of malki public auction and grantee Column 2 free or for nature of and upset price such Column orders 19 (12) (13) (14) (15) (16) (17) (18) (19) (20) (21)
    • Note:l. The same Form of Register may be adopted for land in each of the several classes of land darkhast, but there should be a separate Register for each class. 2. Fresh Registers should be opened at the begining of every year, pending cases or balance being carried forward from the old to the new Register. The File Register number of the cases should not, however, on this account be changed. 3. When pakka phod of a part survey number is complete and the same is brought on to the akarband, an entry to that effect should be made in red ink in the remarks column of the Darkhast Register at the same time that the particular entry in the supplement as Khetwar patrick is struck off. * Notification No. R. 12540-L.R. 384-19-5, dated 30th April, 1920. Page | 77 FORM 3 [See Rule 50] *Form of File Register of Darkhasts for Vacant Sites for Building, etc. Ser Date of receipt of darkhast ial No. 1000-E APPENDIX E [See Rule 56] 1000-E APPENDIX E [See Rule 56] APPENDIX E {G.O. No. R. 1353-70-L.R. 16-29-2, dated 29th August, 1930.} [See Rule 56] 1. Certificate of Grant Whereas, under the rules for the disposal of unoccupied Government land for cultivation and the grant of occupancy rights, the land specified in the Schedule hereunder written has been sold, and A.B. has purchased it in public auction or for upset price and the sale has been duly confirmed, and A.B. declared the purchaser thereof, and whereas the said A.B. has paid into the Government Treasury the full sum of the purchase-money amounting to Rs. ............ Amildar Taluk Now, I, of do Assistant Commissioner of Sub-Division C.D. permit Deputy Commissioner District The said A.B. to enter into occupation of the said land and hereby grant and confirm subject to cancellation or modification in appeal or revision under the provisions of the Land Revenue Code, the said land to the said A.B., his heirs, personal representatives and assigns under the terms of the Survey Guarantee Rule and subject to the provissions hereinafter mentioned and subject also to the regular payment of the land revenue assessment on the land as fixed under the rules in force for the time being until the same is revised in accordance with the law for the time being in force: (1) Provided that this assessment shall be paid for each revenue year as per rules prescribed in this behalf from time to time under the provisions of the Land Revenue Code, failing which it will be recoverable by coercive process in the manner prescribed by the Land Revenue Code and Rules thereunder. (2) Provided also that this title-deed in no way affects the liability of the abovesaid land to such rates, taxes and cesses other than land revenue as are or as may be imposed by law, whether for general, municipal or other local purposes. (3) Provided also that the said A.B. or other lawful owner of the said land shall at all times hereafter at his own expense maintain, in good order, the restored major and minor tanks of the village with respect to which the customary obligation to maintain is imposed on the said A.B. by virtue of his being the occupant or other lawful owner of the said survey number and shall put up, repair and maintain in good order the boundary marks around and in the said land, failing which it shall be lawful for His Highness the Maharaja's Government after due notice to cause the maintenance work of the said tank in so far as his liability in this behalf extends and the repair of the said boundary marks to be carried out, and to recover the cost of such maintenance work and such repair as a revenue demand from the said A.B. or other lawful owner. (4) Provided also that nothing in the title-deed contained shall affect the existing or customary rights of Government or of proprietors of lands adjoining or lying near the said land or of the villagers in common in all existing roads and paths and in streams of water running through or bounding the said land. (5) Provided also that this title-deed shall in no way be considered to grant to or in any way vest in the said A.B., his heirs, personal representatives or assigns any right, title or interest in or to precious stones, gold and other minerals or coal or stone or rock containing or supposed to contain precious stones, gold or other minerals or coal known to exist or which may at any time hereafter be discovered on or under the said land or any part thereof all of which are hereby respectively reserved to the Government of His Highness the Maharaja of Mysore subject to the conditions now in force or which may be prescribed in this behalf from time to time, subject to the conditions that the said A.B., his heirs, personal representatives or assigns shall always be allowed to use free of charge any limestone, granite and ordinary minerals other than metals or coal or precious stones which may be found on or under the said land and which may be applied to the bona fide private use of the said A.B., his heirs, personal representatives or assigns and not removed for purposes of sale. (6) Provided also that this title-deed shall not be considered in any way to grant to or vest in the said A.B., his heirs, personal representatives or assigns the right to sandal trees which are hereby reserved to the Government of His Highness the Maharaja of Mysore, except in so far as the rules that are or may be framed in the matter of the grant of bonuses for such trees may
    • permit. (7) Provided also that the grant shall be subject further generally to the provisions of the Land Revenue Code and the rules thereunder or any other law for the time being in force. Specification of the Land District Taluk Village Name, it' Boundaries Survey Extent Assessment any No. A. G. Rs. Total Page | 78 *Phut Kharab Dry Wet Garden *The purpose for which Phut Kharab is allowed to be specifically mentioned here. Dated this. ........... day of…...19. Amildar. II. Title-deed to be given to the Grantees of Lands under the Depressed Class Rules Whereas, under the concession rules for the disposal of unoccupied Government land for cultivation and the grant of occupancy rights to Depressed Classes, the land specified in the schedule hereunder written has been granted to A.B. free or for upset price, and whereas the said A.B. has been paid into the Government Treasury the full sum of upset price amounting to Rs. ........... Amildar Taluk Now, I, of do Assistant Commissioner of Sub-Division C.D. permit Deputy Commissioner District do hereby grant and confirm, subject to cancellation or modification in appeal or revision under the provision of the Land Revenue Code the said land to the said A.B., his heirs, personal representatives and assigns under the terms of the Survey Guarantee Rule and subject to the provisos hereinafter mentioned and subject also to the regular payment of the land revenue assessment on the land as fixed under the rules in force for the time being for grant of land to depressed classes as described in the margin until the same is revised in accordance with the law for the time being in force. 1s Free of assessment IV. Fees [See Section 232] t ye 1000-F APPENDIX F [See Rule 64] ar 1000-F APPENDIX F [See Rule 64] APPENDIX F [See Rule 64] Form of Notice of Relinquishment Absolute Relinquishment To The Amildar of. .............. I. ....... .A.B.. ......... .inhabitant of. .... .in the ............ Taluk of the. ........... District, the registered occupant of Survey Number. ........ .(or of the building site herein below described or otherwise as the case may be in the village of. ............ .in the. ...... Taluk of the. .................. .District, hereby give notice, under Section 71 of the Karnataka Land Revenue Code, Act IV of 1888 that it is my intention to relinquish absolutely the occupancy of the said Survey No. or building site, etc.) Dated this. ……………..day of………………..19…….at Taluk Hobli Village Survey Sub- Dry, wet or Extent Assessment Remarks 3 No number garden building site 1 2 3 4 5 6 7 8 9 Written by ………... (Signed) A.B. We declare that A.B., who has signed this notice is, to our personal knowledge, the person he represents himself to be, and that he has affixed his signature hereto in our presence. (Signed) E.F.
    • G.H. IV. Fees [See Section 232] 1000-G APPENDIX G [See Rule 65] 1000-G APPENDIX G [See Rule 65] APPENDIX G {Amended by Notification No. 4716-L.R. 428-19-4, dated 28th October, 1919} Page | 79 [See Rule 65] Relinquishment in favour of some other person To The Amildar of. ............... I. ...... .(A.B.). ......... .son of. ..... .(CD.). .........inhabitant of. ...... in the ............. .taluk of the ........... District, occupying the land described in the annexes Schedule, hereby give notice that I have transferred my occupancy of the same and all the rights appertaining thereto to. .............. (E.F.). . . . .. .son of. .......... .(G.H.). ...... an inhabitant of. ........... .in the said taluk, from this date. In witness whereof, I hereto attach my signature (or mark as the case may be) this. .......... . day of....... 19. .. (Signed) A.B. Witness. I.J. K.L. SCHEDULE Taluk Hobli Village Survey Sub-number Dry, wet or Extent Assessment No garden 1 2 3 4 5 6 7 8 I, the abovenamed …………….. (E.F.)…………..hereby agree to occupy the above described number from this date and to pay any outstanding balance of the revenue which may be yet due to the Sircar (Government). In witness thereof, I hereto attach my signature (or mark as the case may be). (Signed) E.F. Witnesses. E.F. who has executed the above is the person he represents himself to be, and he has affixed his signature in our presence. G.H. IJ. Accepted Amildar. IV. Fees [See Section 232] 1000-H APPENDIX H [See Rule 71] 1000-H APPENDIX H [See Rule 71] APPENDIX H {Amended by Notification No. R. 3376-L.R. 590-10-9, dated 28th November, 1907.} [See Rule 71] The following minima for the sub-division of survey numbers in the several districts are prescribed. Name of Class of Minimum area of District land sub-division Acres Guntas Bangalore Dry Kolar 4 Mandya Wet (a) l {Inserted {Amended by R. by 2758-L.R. Notification 12-41-3, No. R. 9715- dated L.R. 51-42-3, 28th dated 9th
    • October, June, 1943.} 1941.} Tumkur Garden 20 and Mysore Page | 80 Hassan Dry 4 Shimoga Dry 5 and Kadur Hassan, Wet 1 10 Shimoga Garden and Kadur Coffee (b) 5 Cardamom 2 {Notification No. R. 310- L.R. 43-25-3, dated 14th July, 1925.} Chitaldrug Dry Black 10 soil Red 6 soil Wet (c) 1 Garden 20 Note. The minimum area, viz., I acre for the sub-division of survey numbers in respect of wet lands in Mandya District prescribed above, will apply to dry irrigable lands also in this district. {Added by Notification No. R. 2758-L.R. 2127-41-3, dated 28-10-1941.} (a) G.O. No. R. 9414-24-L.R. 57-41-2, dated 25th September, 1943, directing that a uniform rate of one acre may be prescribed as the minimum extent for wet lands to be constituted into a separate survey number in all parts of the State. (b) GO. No. R. 4534-43-L.R. 29-7-29-50, dated 6th December, 1928. (c) G.O. No. R. 9414-24-L.R. 57-41-2, dated 25th September, 1943, directing that a uniform rate of one acre may be prescribed as the minimum extent for wet lands to be constituted into a separate survey number in all parts of the State. IV. Fees [See Section 232] 1000-I APPENDIX I [See Rule 95] 1000-I APPENDIX I [See Rule 95] APPENDIX I [See Rule 95] {Amended by G.O. No. R. 1-10-L.R.200-07-6, dated 1st July, 1908} Notice to a Defaulter To A.B. residing at……………………………………………………………… …………………………………………………………………………………………..……………………………………… ……. You are hereby required to take notice that the sum of Rs. ..... a........p. due by you on Khate No. ....... .as the instalment of land revenue on Survey No. or Nos. noted overleaf in the village of. ........ .in the taluk of. ......... .in the ..... .District, has not been paid and that unless it is paid to the Village Patel or into the Taluk or District Treasury as provided by Rule 91, within ten days from the date of service of this notice together with the sum of Rs. ...... .annas…....... being the fee chargeable for this notice, compulsory proceedings will be taken according to law for the recovery of the whole of the revenue still due by you for the current year on the said Khate. Dated the. .......... .day of…………..19. (Sd)………. Amildar or Deputy Amildar. IV. Fees [See Section 232] 1000-J APPENDIX J [See Rule 96]
    • 1000-J APPENDIX J [See Rule 96] APPENDIX J [See Rule 96] Distraint Order .................. Taluk, is authorised to distraint the property of the undermentioned defaulter for arrears of revenue due by him. Name Khate No. For Amount Date on Batta to Date Date of of and name what of which distrainer within distress and Page | 81 village of the period arrears arrears which delivery of defaulter arrearis due fell due warrant copy to due should be defaulter or returned if no dis- tress is made date of payment of sum due 1 2 3 4 5 6 7 8 The defaulter is hereby informed that, if the amount due with all expenses of distress be not previously discharged, the distrained property will be immediately attached and brought to public sale under the provisions of the Land Revenue Code. Date and Place. Amildar. Note. The distrainer is to produce this order, and if the sum due be not at once paid, he is to make distress; and on the day on which the property is distrained he is to deliver a copy to the defaulter, endorsing thereon a list of the property distrained and the name of the place where it may be kept. IV. Fees [See Section 232] 1000-K APPENDIX K [See Rule 99] 1000-K APPENDIX K [See Rule 99] APPENDIX K [See Rule 99] Certificate of Sale of Immovable Property This is to certify that. .......... .residing in the village of ............... .in the taluk of. ........ .in the ........ district, having purchased at a public auction held by the Amildar of. ...... ................ the undermentioned immovable property, sold for arrears of revenue due by .......... a landholder in the undermentioned village, and having paid the full amount of the purchase money, the said property has been this day registered in the name of the said. Details of immovable property Taluk Description No. Extent Boundaries- Assessment Amount Date and of (if if the of of village immovable any) identification purchase sale property of the money whether property is paid wet, dry or otherwise garden open to land or doubt building site 1 2 3 4 5 6 7 8 A. G. Rs. a. p. Deputy Commissioner's Office, Dated........... 19.... Deputy Commissioner. IV. Fees [See Section 232] 1000-L APPENDIX L [See Rule 100] 1000-L APPENDIX L [See Rule 100] APPENDIX L [See Rule 100]
    • FORM 1 Register of movable property sold for arrears of revenue in the Taluk of……………..for the year 19…… Talu villag Name of Arrears Name Estimated Amoun Surplus Name of Dat k e defaulte due s of value t or purchas e of rs article realise deficit er sale s sold d by sale 1 2 3 4 5 6 7 8 9 10 Page | 82 Rs a p Rs a p. Rs a P Rs a p . . . . . . . . . . APPENDIX L (Contd.) [See Rule 100] FORM 2 Register of movable property sold for arrears of revenue in the Taluk of……………..for the year 19…… Tal villa Name Arrear Particulars of Assessm Amou Surplu Name Da uk ge of s due property sold ent nt s of of te defaul realise deficit purch of Num Descrip Ext ters d by aser sal ber tion, ent sale e of i.e., dry, the wet, or feild garden or of or the the name of build the ing buildin g 1 2 3 4 5 6 7 8 9 10 11 12 R a p R a. p. R a p R a p s. . . s. s. . . s. . . IV. Fees [See Section 232] 1000-M APPENDIX M [See Rule 18] 1000-M APPENDIX M [See Rule 18] APPENDIX M {Appendix M substituted by Notification No. R. 10922-L.R. 183-51-9, dated 24th September, 1953.} [See Rule 18] Sl. Material Rate per cart-load No. In areas situated In all other places within a radius of 10 miles from cities Rs. a. p. Rs. a. p. 1 Rough stone (including undressed 0 4 0 0 3 0 burnt stone and every kind of stone that has not been chiselled) 2 Chiselled Stone 0 8 0 0 6 0 3 Fuller's earth 1 0 0 0 12 0 4 Metal and gravel 0 2 0 0 1 6 5 Earth 0 2 0 0 1 6 IV. Fees [See Section 232] 1000-N APPENDIX N 1000-N APPENDIX N [APPENDIX N x xx xx.] {Appendix-N omitted by Notification No. RD 4 LAD 60, dated 10-5-1960.} IV. Fees [See Section 232] 1000-O APPENDIX O 1000-O APPENDIX O APPENDIX O {Old Appendix F to the Land Revenue Rules of 1890.} [See Section 233(n)] {Amended by Notification No. R. 7124-L.R. 385-07-6, dated llth March, 1909}
    • Rules under which the Repair of Dilapidated Government Tanks and Wells can be Permitted 1. When Government tanks and wells may be repaired by private individuals. All Government tanks and wells which have been in a ruined condition for upwards of five years, and which the Public Works Department do not propose to put in repair, may be repaired by private individuals. 2. Application for such repair to be presented to whom and the proceedings to be taken Page | 83 thereon. Application for such repair should be presented to the Deputy Commissioner, who, if after due enquiry and consultation with the Executive Engineer in charge of the irrigation works in the district is satisfied that the proposed work will not affect existing Government or private irrigation works, and that the applicant is willing to pay the full assessment imposed by the Department of Land Records upon the lands forming the bed of the tanks or wells referred to as well as to compensate the holders of any inam or Government lands which may be submerged by the repair of the tanks by giving them other lands of equal value elsewhere, or under his new tank, shall cause a rough design and estimate to be prepared by an Officer of the Public Works Department, and submit the same to Government with a statement of the Revenue present and prospective, of the lands that will be affected by the proposed work, and his opinion on the application. 3. Grant of refusal of the application discretionary with Government. Assessment how to be fixed in the former case. The Government may, at its discretion, grant or refuse permission to the proposed work, but if the permission is granted, the dry lands turned by the restored work into wet shall pay on assessment equal to three-fourths of the average rate on wet land or the highest rate on dry land, in the village in which the tank is situated as may be decided, or at a "shraya" or progressive rate, the maximum being fixed at the average rate on wet land in the village or taluk. 4. The above concessions to be restricted to periods not exceeding thirty years. The concession set forth above will, as a rule, be restricted to such limited periods, ordinarily not exceeding thirty years, as may be fixed at the time of authorizing each such work. 5. Reduction of assessment to which the grantees of the concession will be entitled. The individuals who have obtained the concession will, during the currency of the term of their grant, be entitled to the reduction of assessment not only on lands already occupied but also on additional lands brought under cultivation from the restored work. 6. The proposed work to be completed within a fixed time and the work to be kept up to standard, Consequences in case of failure to do either. When the permission is granted, a time shall be fixed within which the proposed work should be completed according to the plan approved, and the maintenance of the work at the standard will, during the term of the grant, lie with the person in whose favour such sanction is given and any failure on his part, either to construct the work fully within the fixed time or to keep the work up to the standard, will involve the immediate concealment of the grant, and the assessment of the land at full rates, the work being thenceforth regarded and dealt with as an ordinary Government irrigation work. 7. Assessment on lands concerning such grant liable to revision. The rates of assessment in force on the land at the time of such grant will be liable to revision at the settlement, or at each new settlement, equally with those on other lands. 8. Power to Government to resume such grants of tanks. The Government reserves to itself the power of resuming grants of tanks made under the terms of these rules, should such resumption at any time appear to be necessary on special public grounds. In such event, the claims of the grantee for compensation will receive all due and reasonable consideration. 9. Valid written authority required for the entertainment of a claim for reduction of assessment. No claim to reduction of assessment under these rules shall be entertained without written authority being produced, having distinct reference to the claim in question and a strict scrutiny into the validity thereof. 10. Occupancy of such lands by other parties than the applicant not to be disturbed by the latter. It should be distinctly understood that, in the case of any such lands being now in the occupancy of other parties than the applicant, the authority sanctioning the work entitles him merely to receive from them the portion of the rent remitted by Government in his favour in respect of the lands, and by no means renders him the occupant in their place. 11. Periodical examination and inspection of such lands and works. A periodical examination of the irrigable extent and inspection of such works shall be made in view to ascertain that they are duly maintained, and that the terms and
    • conditions of the grant have been fairly complied with. 12. In authorising such works to be taken up, the occupants of lands in the village to be preferred to outsiders. As the principle of these rules is to induce the occupants of lands in the village in which such repairable irrigation work is situated to take up the work of repair themselves, preference should be given to them in all such cases in the first instance. But if they decline to undertake the work on the above favourable terms, the tenders of outsiders may be accepted. Page | 84 Revised Rules for the Grant of Lands for Rubber Cultivation Government direct that all future applications for lands for rubber cultivation be dealt with in accordance with the Rules relating to the grant of lands for coffee or tea cultivation. The lands will be sold by auction subject to a minimum upset price of Rs. 40 per acre and granted on temporary tenure. They will be held free of assessment for the first three years and on half assessment for the next two years, full assessment at Rs. 1-8- 0 per acre being recovered from the sixth year. A title-deed in the form given in Appendix N will be issued to the grantee whenever lands are given out for rubber cultivation as above. In the case of lands which have already been given out for rubber cultivation under the Rules of 28th September 1906, Government are pleased to direct that the rates of assessment be reduced from Rs. 3 to Rs. 2 per acre. [Notification No. R. 2692-L.R. 445-28-18, dated 7-10-1929. IV. Fees [See Section 232]