UNIT IV

KARNATAKA LAND REFORMS ACT 1961

The Bill has been prepared with a view to introducing a common law relating to tenancy and
other allied matters throughout the new State of Mysore in replacement of the following Acts
which are in force in the several areas.
1. The Bombay Tenancy and Agricultural Lands Act, 1948, as in force in the Bombay Area;
2. The Hyderabad Tenancy and Agricultural Lands Act, 1950, as in force in the Hyderabad
Area;
3. The Mysore Tenancy Act, 1952, as in force in the Mysore Area, including Bellary District;
4. (a) The Madras Cultivating Tenants Protection Act, 1955;
(b) The Madras Cultivating Tenants (Payment of Fair Rent Act), 1956 as in force in South
Kanara and Kollegal Taluk;
5. The Coorg Tenants Act, 1957, as in force in the Coorg District.

CHAPTER II GENERAL PROVISIONS, REGARDING TENANCIES

Sec 3: Extension of Transfer of Property Act to agricultural land in Gulbarga Area

(1) The Transfer of Property Act, (1882) shall extend to agricultural land in the Gulbarga Area,
and the terms “property” and “immoveable property” in the said Act shall include agricultural
land.
(2) The provisions of Chapter V of the Transfer of Property Act, 1882, shall, in so far as they are
not inconsistent with the provisions of this Act, apply to the tenancies and leases of lands to
which this Act applies.
Sec 5: Persons to be deemed tenants.—Any person lawfully cultivating any land belonging to
another person shall be deemed to be a tenant if such land is not cultivated personally by the
owner and if such person is not,—
(a) a member of the owner’s family, or
(b) a servant or a hired labourer on wages payable in cash
(c) a mortgagee in possession.

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Sec 5: Prohibition of leases, etc.—
(1) no tenancy shall be created or continued in respect of any land nor shall any land be leased
for any period after the date of commencement of the Amendment Act,.
(2) Nothing in sub-section (1) shall apply to,—
(a If a tenancy created or continued by a soldier or seaman if such tenancy is created or
continued while he is serving as a soldier or a seaman or within three months before he
became a soldier or a seaman.
(b) to any land leased after the commencement of the Karnataka Land Reforms
(Amendment) Act, 1995 in the districts of Uttara Kannada and Dakshina Kannada by land
owners or persons registered as occupants under the provisions of this Act for the purpose of
utilising the land for acquaculture for a period not exceeding twenty years, at such lease rent
as may be determined by mutual agreement between the parties and such agreement shall be
registered and a copy thereof shall be sent to the Deputy Commissioner within fifteen days from
the date of such registration.
Every lease created under sub-section (2) shall be in writing
Sec 6: Tenancy not to be terminated by efflux of time.—No tenancy of any land shall be
terminated merely on the ground that the period fixed for its duration.
Sec 7. Restoration of possession to tenants dispossessed in certain circumstances.—
(1) Any person who or whose predecessor held any land as a tenant before the 10th day of
September, 1957 and after that date and before the appointed day, such land has been
dispossessed either by surrender of the tenancy or by eviction, may, within fifteen months from
the appointed day apply to the Tribunal for the restoration of his tenancy unless on the
appointed day the land has been put to non-agricultural use.
(2) up on the application the Tribunal shall inquire into the circumstances in which and the
procedure under which such dispossession took place and if it is satisfied that such dispossession
took place as a result of,—
(a) surrender and the consent of the tenant was procured by fraud, misrepresentation or undue
influence or pressure or otherwise in contravention of the provisions of the; or
(b) expiry of the duration of tenancy; or
(c) any act of the landlord or any person acting on his behalf without recourse to a court of law or
in contravention of any provision of law,
The Tribunal shall order the restoration of possession of the land and the tenancy thereof to the
tenant:

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Provided that the Tribunal shall not order restoration of possession of the land, if it is satisfied
that the land is held on lease bona fide by a tenant who is not a member of the family of the
landlord, or the dispossession, by surrender of the tenancy or by eviction, took place in
accordance with any provision of law, or that another person, not being the landlord, is legally
entitled to possession of the land.
Sec 8: Rent.—(1) Subject to the provisions of this Act and notwithstanding anything in any law,
custom, usage, agreement, decree or order of a Court to the contrary,—
(a) the rent payable in respect of any land by the tenant shall be payable annually; and
(b) such rent shall be the aggregate of ten times the land revenue and ten times the water rate, if
any, payable in respect of such land,
Provided that in the case of A Class, B Class and C Class referred in Part A of Schedule I, the
amount of water rate to be taken into account shall not exceed the amount specified below:—
(i) A Class lands .. Rupees sixteen and fifty paise per acre
(ii) B Class lands .. Rupees eleven per acre.
(iii) C Class lands other than lands .. Rupees five and fifty paise

further that where the rent payable by a tenant under any contract is less than the rent specified in
clause (b), such tenant shall not be liable to pay more than such rent and where under any
contract:
any area notified as malnad area the rent in respect of lands specified as dry land, but used
exclusively for grazing or removing leaves, shall be equal to the land revenue payable for such
land.
Sec 9. Rent when deemed as paid and dispute regarding rent payable.—
(1) Where the landlord evades receiving the rent and giving a receipt, the tenant shall be deemed
to have paid the rent if he sends the same by postal money order to or deposits it with the
Tahsildar.
(2) A dispute between the landlord and the tenant as regards the rent payable shall, on the
application of the landlord or the tenant, be determined by the Tahsildar.
Sec 10. Rights and liabilities of landlord.—
(a) the landlord shall not be liable to make any contribution towards the cost of cultivation of the
land in the possession of a tenant;
(c) no landlord or any person on his behalf shall recover or receive rent in kind or in terms of
service or labour.

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Sec 10A. Liability to pay land revenue, etc.—he shall be responsible for the payment of the
land revenue, water rate and all cesses or fees levied thereon to the State Government or a local
authority in respect of the land held by him on lease.
Sec 11. Refund of rent recovered in contravention of provisions of the Act .—If any landlord
or any person on his behalf recovers rent from any tenant in contravention of the provisions of
section 8, 9 or 10, the landlord shall refund the excess amount so recovered to the tenant and
shall be liable to pay such compensation to the tenant as may be determined by the Tahsildar in
this behalf, and shall also be liable to such penalty not exceeding twice the excess amount
recovered, as the Tahsildar may fix.
Sec 12. Abolition of all cesses, etc.— it shall not be lawful for any landlord to levy any cess,
rate, premium, or tax or service of any description or denomination whatsoever from any tenant.
Sec 13. Suspensions, remissions or reduction of rent.—(1) Whenever from any cause the
payment of the entire land revenue payable to the State Government in respect of any land is
suspended or remitted, the landlord shall suspend or remit, as the case may be, the payment to
him of the rent of such land by his tenant.
In the case of such land the land revenue is partially suspended or remitted, the landlord shall
suspend or remit the rent payable by the tenant of such land in the same proportion.
(2) If no land revenue is payable to the State Government in respect of any other land in the
neighbourhood of such land has been suspended or remitted, the Deputy Commissioner shall,
subject to the general or special orders of the State Government, suspend or remit, as the case
may be
(3) No suit or other proceeding shall lie and no decree or order of a civil court or other authority
shall be executed for recovery by a landlord of any rent, the payment of which has been remitted.
(4) If any landlord fails to suspend or remit the payment of rent as provided in this section, he
shall be liable to refund to the tenant the amount recovered by him in contravention of this
section. The tenant may apply to the Tahsildar for the recovery of the amount, and the Tahsildar
may, after an inquiry, make an order for the refund, and for payment of such penalty not
exceeding the amount so recovered, as the Tahsildar may fix.
(5) The Tahsildar may, after inquiry, on an application by the tenant or landlord at any time
during the currency of the tenancy,—
(a) reduce the rent payable for any year, if he is satisfied that on account of the deterioration of
the land by flood or other cause beyond the control of the tenant, the land has been wholly or
partially rendered unfit for cultivation, or there has been damage to crops;
Sec 15. Resumption of land by soldier or seaman.—(1) A soldier or a seaman who has created
or continued a lease in accordance with the provisions of section 5 shall, subject to the provisions

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of this Act, be entitled to resume land to the extent of the ceiling area whether his tenant is a
protected tenant or not.
(2) The soldier or the seaman shall, if he bona fide requires the land to cultivate personally, issue
a notice to the tenant requiring him to deliver possession of the land within the period specified
in the notice
(3) The notice referred to in sub-section (2) shall be given,—
(i) in the case of a soldier in service in the Armed Forces, at any time not later than one year
from the date on which he is released from the Armed Forces
(ii) in the case of the father, mother, spouse, child or grand-child of a soldier, within one year
from the date of the death of such soldier; and
(iii) in the case of a seaman, within one year from the date on which he ceases to be a seaman.
(4) If the tenant fails to deliver possession of the land within the period specified in the notice,
the soldier or the seaman may make an application to the Tahsildar within whose jurisdiction the
greater part of the land is situated, furnishing the prescribed particulars for eviction of the tenant
and delivery of possession of the land.
(5) On receipt of such application, the Tahsildar shall issue a notice to the tenant calling upon
him to deliver possession of the land to the soldier or the seaman within such time as may be
specified in the notice, which shall not be less than the prescribed period and if the tenant fails to
comply, the Tahsildar may summarily evict the tenant and deliver possession of the land to the
soldier or the seaman.
(6) Where the Tahsildar, on application by the tenant or otherwise and after such enquiry as may
be prescribed, is satisfied that a notice is not issued, he shall, by notification, declare that with
effect from such date as may be specified in the notification the land leased shall stand
transferred to and vest in the State Government free from all encumbrances. The Tahsildar may
take possession of the land in the prescribed manner and the tenant shall be entitled to be
registered as an occupant thereof. The provisions of section 45 shall mutatis mutandies apply in
this behalf.
Sec 19. Restriction on transfer of resumed land: no land resumed from a tenant shall within
fifteen years from such resumption be transferred by sale, gift, exchange or otherwise:
Provided that such land may be sold to the tenant who on resumption had been evicted from that
land, at a value to be determined by the Tahsildar.
Provided further that such land may be sold by the father, the mother, the spouse, the child or the
grand child of a soldier who has died while in service and who was dependent upon such soldier
at the time of his death.

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 it shall be lawful for a landowner to take a loan and mortgage or create a charge on his interest
in the land in favour of the State Government, a financial institution, a co-operative land
development bank, a co-operative society, for development of land or improvement of
agricultural practices;
Sec20. Failure to cultivate, etc.—where a person who has taken possession of any land by
evicting a tenant in order to cultivate it personally or use it for non-agricultural purposes, the
Tahsildar on application by such tenant or otherwise, if satisfied that such person has so failed or
ceased, declare by notification, that such land shall transferred to and vest in the State
Government free from all encumbrances.
Sec 21. Sub-division, sub-letting and assignment prohibited.—
(1) No sub-division or sub-letting of the land held by a tenant shall be valid:
Provided that nothing in this section shall affect the rights, of a permanent tenant:
Provided further that if the tenant dies,—
(i) if he is a member of a joint family, the surviving members of the said family, or
(ii) if he is not a member of a joint family, his heirs, -shall be entitled to partition and sub-divide
the land leased, subject to the following conditions:—
(a) each sharer shall hold his share as a separate tenant;
(b) the rent payable in respect of the land leased shall be apportioned among the sharers, as the
case may be, according to the share allotted to them;
(c) the area allotted to each sharer shall not be less than a fragment;
(d) if such area is less than a fragment the sharers shall be entitled to enjoy the income jointly
(e) if any question arises regarding the apportionment of the rent payable by the sharer it shall be
decided by the Tahsildar:
Provided that if any question of law is involved the Tahsildar shall refer it to the Court. On
receipt of such reference the Court shall, after giving notice to the parties concerned, try the
question as expeditiously as possible and record finding thereon and send the same to the
Tahsildar. The Tahsildar shall then give the decision in accordance with the said finding.
(2) it shall be lawful for a tenant who is a soldier in service in the Armed Forces of the Union or
a seaman to sub-let the land held by him as a tenant.
(3) Notwithstanding anything contained in sub-section (1), it shall be lawful for a tenant to take a
loan and mortgage or create a charge on his interest in the land in favour of the State
Government, a financial institution, a co-operative land development bank, a co-operative
society, for development of land or improvement of agricultural practices;

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 Sec 22. Eviction of tenant for default, etc.,—, no person shall be evicted from any land held
by him as a tenant except on any of the following grounds, namely:—
(a) that the tenant has failed to pay the rent of such land on or before the due date during two
consecutive years, provided the landlord has issued notice every year within three months after
the due date, a notice in writing to the tenant that he has failed to pay the rent for that year;
(b) that the tenant has done any act which is permanently injurious to the land;
(c) that the tenant has sub-divided, sublet or assigned the land in contravention of section 21;
(d) that the tenant has failed to cultivate the land personally for a period of two consecutive
years;
(e) that the tenant has used such land for a purpose other than agriculture
Provided that no tenant shall be evicted unless the landlord has given three months notice in
writing informing the tenant of his decision to terminate the tenancy and the particulars of the
ground for such termination, and within that period the tenant has failed to remedy the breach for
which the tenant is proposed to be evicted.
(2) Nothing in sub-section (1) shall apply to the tenancy of any land held by a permanent tenant
unless by the conditions of such tenancy the tenancy is liable to be terminated on any of the
grounds mentioned in the said sub- section.
the tenancy of any land held by a tenant who is a soldier in service in the Armed Forces of the
Union or a seaman, shall not be liable to be terminated under the said sub-section only on the
ground that such land has been sublet by or on behalf of the said tenant.
Sec 23. Eviction not to be ordered if rent paid during pendency of proceedings.—(1) the
Tahsildar shall not order possession to be restored to the landlord on the ground of default in
paying rent, if during the pendency of any proceeding for such restoration of possession, the
tenant pays to the landlord the arrears of rent for two consecutive years, together with the costs
of the proceedings, as decided by the Tahsildar, within such period as may be fixed by the
Tahsildar.
(2) in any proceedings pending on the appointed day or instituted on or after that day in
pursuance of any such repealed enactment or law before any court, officer or authority for
eviction of a tenant on the ground of default in paying rent, such court, officer or authority shall
not order eviction of the tenant, if the tenant pays to the landlord the arrears of rent together with
the costs of the proceedings as decided by such court, officer or authority within such period as
such court, officer or authority may fix.
(3) no decree or order for eviction on the ground of default in paying rent shall be executed if the
tenant pays to the landlord the arrears of rent for two consecutive years together with the costs of

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the proceedings as specified in such decree or order and on such payment, the said decree or
order shall abate.
Sec 24. Rights of tenant to be heritable.—Where a tenant dies the landlord shall be deemed to
have continued the tenancy to the heirs of such tenant on the same terms and conditions on
which such tenant was holding at the time of his death.
Sec 25. Surrender of land by tenant.—(1) No tenant of a soldier or seaman shall surrender any
land held by him as tenant except in favour of the State Government:
Provided that any such surrender shall not be effective unless made in writing and the tenant has
admitted the same before the Tahsildar and the same has been registered in the office of the
Tahsildar in the prescribed manner.
(2) In respect of the land surrendered, the State Government shall pay to the landlord rent
calculated according to the provisions of section 8.
(3) The State Government may, subject to rules made for the purpose, lease the surrendered land
to any person if possession thereof is not claimed by the soldier or the seaman for personal
cultivation.
(4) Where the State Government leases the land the lessee shall pay the rent for the land to the
landlord directly and with effect from the date of such lease the State
Sec 26. Tenancy in abeyance during usufructuary mortgage in favour of tenant.—If any
land is mortgaged by a landlord by way of a usufructuary mortgage to a tenant cultivating such
land, the tenancy of such land shall be in abeyance during the period the mortgage subsists. After
the expiry of the said period it shall be lawful to the tenant to continue to hold the land on the
terms and conditions on which he held it before the mortgage was created.
Sec 27. Tenant’s rights to trees planted by him.—If a tenant has planted or plants any trees on
any land leased to him, he shall be entitled to the produce and the wood of such trees during the
continuance of his tenancy and shall on the termination of his tenancy be entitled to such
compensation for the said trees as may be determined by the Tahsildar:
Sec 29. Tenants responsible for maintenance of boundary marks.— the responsibility for the
maintenance and good repair of the boundary marks of lands held by a tenant and any charges
reasonably incurred on account of service by revenue officers in case of alteration, removal or
repair of such boundary marks shall be upon the tenant.
Sec 30. Repairs of protective bunds.— if it appears to the Assistant Commissioner that the
construction, maintenance or repair of any bunds protecting any land held by a tenant is
neglected owing to a dispute between the landlord and the tenant or for any other reason, he may
by an order in writing direct that the construction, maintenance or repair shall be carried out by
such persons as may be specified in the order and the costs thereof shall be recoverable as arrears

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of land revenue from the person who under any agreement usage or custom is liable to construct,
maintain or repair the bunds.
it shall be lawful for the tenant of any land, the protective bunds of which are neglected, to
construct, maintain or repair such bunds at his cost and the cost so incurred by him shall, on
application made by him to the Tahsildar, be recoverable by him from the landlord according to
his liability under any agreement, usage or custom. The costs of the proceedings on the tenant’s
application shall also be recoverable from the landlord in case the landlord is held wholly or
partially liable to pay the cost incurred by the tenant for the construction, maintenance or repair
of the bunds.
Sec 31. Tenant’s right to erect farm house.—A tenant shall be entitled to erect a farm house
reasonably required for the convenient or profitable use or occupation of the holding, on the land
held by him as a tenant.
Sec 32. Betterment contribution.—If at any time any amount is levied or imposed by the
Government on a land held by a permanent tenant as betterment contribution under the
provisions of the Karnataka Irrigation (Levy of Betterment Contribution and Water Rate) Act,
1957, or under any other provision of law, the permanent tenant thereof shall be liable to pay
such amount to the Government.
Sec 33. Receipts for rent.—(1) In the absence of an express intimation in writing by a tenant,
every payment made by a tenant to the landlord shall be presumed to be a payment on account
of rent due by such tenant for the year in which the payment is made.
(2) When any rent is received in respect of any land by a landlord or by a person on behalf of
such landlord, the landlord or, such person shall, at the time when such rent is received by him
give a written receipt therefor in such form and in such manner as may be prescribed.
Sec 34. Bar to attachment or sale by process of court.— no interest of a tenant in any land
held by him as a tenant shall be liable to be attached, seized or sold in execution of a decree or
order of a civil court.
Sec 35. Bar to eviction from dwelling house.—(1) If in any village, a tenant is in occupation of
a dwelling house on a site belonging to his landlord, such tenant shall not be evicted from such
dwelling house unless,—
(a) the landlord proves that the dwelling house was not built at the expense of such tenant or any
of his predecessors-in-title; and
(b) such tenant makes default during three consecutive years in the payment of rent, if any,
which he has been paying for the use and occupation of such site.

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(2) The provisions of sub-section (1) shall not apply to a dwelling house which is situated on any
land used for the purposes of agriculture from which a tenant has been evicted under section 15
or 22.
Sec 36. Site on which dwelling house is built to be sold to tenant.—(1) If a landlord to whom
the site referred to in section 35 belongs intends to sell such site, it shall be sold only to the
tenant at the expense of whom or of any of whose predecessors in-title the dwelling house
thereon has been built.
(2) The price payable by the tenant for such site shall be an amount equal to ten times the land
revenue payable thereon and where such site is not assessed to land revenue, an amount equal to
ten times the land revenue which may be assessed if it had been used for agricultural purposes.
(3) Any sale in contravention of the provisions of this section shall be null and void.
Sec 37. Tenant’s right to purchase site.—(1) If a tenant referred to in section 35 intends to
purchase the site on which a dwelling house is built, he shall give notice in writing to the
landlord.
(2) If the landlord refuses or fails to accept the offer and execute the sale deed within three
months from the date thereof, the tenant may apply to the Tahsildar who shall, by order in
writing, require the tenant to deposit with him the sale price within ninety days from the date of
the order. When such deposit is made the site shall be deemed to have been transferred to the
tenant and the Tahsildar shall, on payment of the prescribed fees and in the prescribed form,
grant a certificate to the tenant.
38. Dwelling houses of agricultural labourers, etc.—
(1) (a) If, in any village, an agricultural labourer is ordinarily residing in a dwelling house on a
land not belonging to him, then, notwithstanding anything contained in any other law, but subject
to sub-sections (2) and (3), vest absolutely in the State Government, free from all encumbrances
and the agricultural labourer shall be entitled to be registered as owner thereof.
(b) Every agricultural labourer entitled to be registered as owner under clause (a), may, make an
application to the Tribunal in the prescribed form and manner on or before the 31st day of
March, 1983 and the Tribunal shall, after enquiry by order determine the person entitled to be
registered as owner, the dwelling house and land in respect of which he is entitled to be so
registered and such other matters as may be prescribed and forward a copy of the order to the
Tahsildar.
(c) The Tahsildar shall, on receipt of the order passed under clause (b), the amount the land
owner shall be entitled to for the extinguishment of his rights in such land. On payment of the
amount so determined, to the Government, by the agricultural labourer, the Tahsildar shall issue
a certificate to such labourer specifying the extent and such other particulars as may be
prescribed relating to such dwelling house and land and that he has been registered as owner

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thereof. A copy of the certificate shall be forwarded by the Tahsildar to the Sub-Registrar who
shall, notwithstanding anything contained in the Registration Act, 1908 (Central Act 16 of 1908)
register the same. The owner of the land shall be paid the amount paid by the agricultural
labourer in cash in a lumpsum.
(2) If the owner bona fide requires the dwelling house for his own use or for any other purpose or
considers that the dwelling house is so located as to cause inconvenience to him, he may require
the agricultural labourer to shift to a new site belonging to him, subject to the following
conditions, namely:—
(i) the owner shall pay to the agricultural labourer the price of the dwelling house if the same was
erected by the agricultural labourer;
(ii) the new site shall be fit for erecting a dwelling house and shall be within a distance of one
kilometre from the existing dwelling house;
(iii) the owner shall transfer ownership and possession of the new site to the agricultural labourer
and shall pay to him the reasonable cost of shifting to the new site.
(3) (a) If the agricultural labourer does not comply with the requisition made under sub-section
(2) by the owner of the land to shift to a new site such owner may apply to the Tribunal to
enforce compliance with such requisition:
Provided that no such application shall be made without giving the agricultural labourer one
month’s notice by registered post.
(b) Subject to such rules as may be prescribed, the Tribunal shall, after such enquiry as it deems
fit, and on being satisfied that the applicant has complied with all the conditions mentioned in
sub-section (2), may pass an order requiring the agricultural labourer to shift to the new site
before such date as may be specified in the order.
(c) If the agricultural labourer does not shift to the new site before the date specified in the order
under clause (b), the Tribunal shall cause the agricultural labourer to be evicted from the
dwelling house.
(d) Where no application is made under sub-section (1), within the time allowed the right of the
agricultural labourer to be registered as owner shall have no effect and the dwelling house and
land shall be deemed to have not vested in the State Government.
(4) The provisions of section 61 shall apply to a dwelling house or site granted under this section
to an agricultural labourer as they apply to a land in respect of which a tenant has been registered
as an occupant.
Sec 38A. Grant of certificate of ownership to an agricultural labourer.- where in any village,
agricultural labourer is ordinarily residing on dwelling house on a land not belonging to him in
an unrecorded habitations like Lambani Tanda, Gollarahatti, Vaddarahatti, Kurubarhatti,

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Nayakarahatti, Majare Grama, Haadi, Doddi, Palya, Camp, Colony or any other such unrecorded
habitations falling within the jursidiction of that village, on the date of commencement of the
Karnataka Land Reforms (Amendment) Act, 2016, which is notified as such by the Deputy
Commissioner, specifying the survey numbers and boundaries in the prescribed manner, such
dwelling house or houses along with the site thereof and land immediately appurtenant thereto
and necessary for its enjoyment shall, on the date of such notification by the Deputy
Commissioner, vest absolutely in the State Government, free from all encumbrances and the
agricultural labourer shall be entitled to be registered as owner thereof.
(2) Every agricultural labourer entitled to be registered as a owner under sub-section (1) may
make an application to the Assistant Commissioner or any other officer authorized by the State
Government, in the prescribed manner on or before completion of one year from the date of
notification by the Deputy Commissioner under sub-section (1) and the Assistant Commissioner
or the officer authorized, shall after such enquiry as may be prescribed, by order, determine the
person entitled to be registered as owner and the dwelling house and land in respect of which he
is entitled to be so registered and such other matters as may be prescribed and forward a copy of
the Order to the Tahasildar.
(3) The Tahasildar shall, on receipt of the order passed under sub- section(2) determine in the
manner specified in sub-sections (1) and (2) of section 47, the amount of the land owner shall be
entitled to, for the extinguishment of his rights in such land on payment of the amount
determined, to the Government, by the agricultural labourer, the Tahasildar shall issue a
notification to this effect and also issue a certificate to such labourer specifying the extent and
such other particulars as may be prescribed relating to such dwelling house and land and that he
shall be registered as owner thereof. A copy of the certificate shall be forwarded by the
Tahasildar to the sub-registrar who shall, notwithstanding anything contained in the Registration
Act, 1908 (Central Act 16 of 1908) register the same. The owner of the land shall be paid the
amount remitted by the agricultural labourer in cash in a lump sum.
(4) The provisions of sub-sections (2) and (3) of section 38 shall, so as may be, apply and the
reference to "Tribunal" shall be construed as being reference to Assistant commissioner or
officer authorized.
(5) The provisions of section 61 shall apply to a dwelling house or site granted under this section
to an agricultural labourer as they apply to a land in respect of which a tenant has been registered
as an occupant.
Sec 39. First option to purchase land.—(1) If a landlord at any time intends to sell the land
held by a tenant, he shall give notice in writing of the intention to such tenant and offer to sell the
land to him. In case the latter intends to purchase the land, he shall intimate in writing his
readiness to do so within two months from the date of receipt of such notice.

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(2) If there is any dispute about the reasonable price payable for the land, either the landlord or
the tenant may apply in writing to the Tahsildar for determining the reasonable price; and the
Tahsildar after giving notice to the other party and to all other persons interested in the land and
after making such inquiry as it thinks fit, shall fix the reasonable price of the land which shall be
the average of the prices obtaining for similar lands in the locality during the ten years
immediately preceding the date on which the application is made.
(3) The tenant shall deposit with the Tahsildar the amount of the price determined under sub-
section (2) within such period as may be prescribed.
(4) On deposit of the entire amount of the reasonable price, the Tahsildar shall issue a certificate
in the prescribed form to the tenant declaring him to be the purchaser of the land the Tahsildar
shall also direct that the reasonable price deposited shall be paid to the landlord.
(5) If a tenant does not exercise the right of purchase in response to the notice given to him by
the landlord under sub-section (1) or fails to deposit the amount of the price as required by sub-
section (3), such tenant shall forfeit his right of purchase, and the landlord shall be entitled to sell
such land to any other person in accordance with the provisions of this Act.
(6) The forfeiture of the right to purchase any land under this section shall not affect the other
rights of the tenant in such land.
Sec 40. Compensation for improvement made by tenant.—
(1) A tenant who has made an improvement on the land held by him shall, if his tenancy is
terminated under the provisions of this Act, be entitled to compensation for such improvement.
For determining the amount of compensation, the tenant shall apply to the Tahsildar in the
prescribed form.
(2) The compensation to which a tenant shall be entitled under sub- section (1), shall be the
estimated value of such improvement at the time of the termination of his tenancy. In estimating
such value regard shall be had to,—
(a) the amount by which the value of the land is increased by the improvement;
(b) the present condition of the improvement and the probable duration of its effects;
(c) the labour and capital provided or spent by the tenant for the making of the improvement; and
(d) any reduction or remission of rent or other advantage allowed to the tenant by the landlord in
consideration of the improvement including permanent fixtures.
(3) If such land is subject to mortgage or other encumbrance created by the tenant and lawfully
subsisting, the amount of compensation shall be applied first for discharging such mortgage or
other encumbrance and the balance, if any, shall be paid to the tenant. The payment to the
mortgagees or holders of other encumbrances shall be in the order of priority of the respective
mortgages and other encumbrances.

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Sec 41. Procedure for taking possessions.—(1) A tenant or an agricultural labourer entitled to
possession of any land or dwelling house or site under any of the provisions of this Act or as a
result of eviction in contravention of sub-section (2) may apply in writing for such possession to
the Tahsildar. The application shall be made in such form as may be prescribed and within a
period of two years from the date on which the right to obtain possession of the land, dwelling
house or site is deemed to have accrued to the tenant, agricultural labourer as the case may be.
(2) Save as otherwise provided in this Act, no landlord shall obtain possession of any land,
dwelling house or site held by a tenant except under an order of the Tahsildar. For obtaining such
order he shall make an application in the prescribed form and within a period of two years from
the date on which the right to obtain possession of the land, dwelling house or site, as the case
may be, is deemed to have accrued to him.
(3) On receipt of application under sub-section (1) or (2) the Tahsildar shall, after holding an
inquiry, pass such order, thereon as he deems fit.
(4) Any person taking possession of any land, dwelling house or site except in accordance with
the provisions of sub-section (1) or (2), as the case may be, shall be liable to forfeiture of crops,
if any, grown on the land in addition to payment of costs as may be directed by the Tahsildar and
also to the penalty prescribed in section 125.
Sec 42. Procedure for recovery of rent.— no suit or other proceeding shall lie in any Court or
before any other authority for recovery of any rent payable by a tenant, except as provided in this
section.
(2) A landlord claiming payment of rent by a tenant may apply to the Tahsildar in the prescribed
form for an order directing the tenant to pay the rent due to the landlord.
(3) On receipt of an application under sub-section (2), the Tahsildar shall, after holding an
inquiry, pass such order thereon as he deems fit.
(4) An application under this section shall be filed within one year from the date the rent fell due.
Sec 43. Rights or privileges of tenant not to be affected .— the rights and privileges of any
tenant under any usage or law for the time being in force or arising out of any contract, grant,
decree or order of a court shall not be limited or abridged.

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 CONFERMENT OF OWNERSHIP ON TENANTS.

Sec 44. Vesting of lands in the State Government.—(1) All lands held by or in the possession
of tenants immediately prior to the date of commencement of the Amendment Act, other than
lands held by them under leases permitted under section 5, shall, with effect on and from the said
date, stand transferred to and vest in the State Government.
(2) in any decree or order of or certificate issued by any Court or authority directing or
specifying the lands which may be resumed or in any contract, grant or other instrument or in
any other law for the time being in force, with effect on and from the date of vesting and save as
otherwise expressly provided in this Act, the following consequences shall ensue, namely:—
(a) all rights, title and interest vesting in the owners of such lands and other persons interested in
such lands shall cease and be vested absolutely in the State Government free from all
encumbrances;
(b) all amounts in respect of such lands which become due on or after the date of vesting shall be
payable to the State Government and not to the land-owner, land-lord or any other person and
any payment made in contravention of this clause not be valid;
(c) all arrears of land revenue, cesses, water rate or other dues remaining lawfully due on the date
of vesting in respect of such lands shall after such date continue to be recoverable from the land-
owner, landlord or other person by whom they were payable,
(d) no such lands shall be liable to attachment in execution of any decree or other process of any
Court and any attachment existing on the date of vesting and any order for attachment passed
before such date in respect of such lands shall cease to be in force;
(e) the State Government may, after removing any obstruction which may be offered, take
possession of such lands:
Provided that the State Government shall not dispossess any person of any land, after enquiry it
is prescribed that he is prima face entitled to be registered as an occupant;
(f) the land-owners, landlord and every person interested in the land whose rights have vested in
the State Government under clause (a), shall be entitled only to receive the amount from the
State Government as provided;
(g) permanent tenants, protected tenants and other tenants holding such lands shall, as against the
State Government, be entitled only to such rights or privileges and shall be subject to such
conditions as are provided by or under this Act;
Sec 45. Tenants to be registered as occupants of land on certain conditions: every person
who was a permanent tenant, protected tenant or other tenant or where a tenant has lawfully
sublet, such sub-tenant shall, with effect on and from the date of vesting, be entitled to be
registered as an occupant in respect of the lands of which he was a permanent tenant, protected

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tenant or other tenant or sub-tenant before the date of vesting and which he has been cultivating
personally.
(2) If a tenant or other person referred to in sub-section (1),—
(i) holds land partly as owner and partly as tenant but the area of the land held by him as owner
is equal to or exceeds a ceiling area he shall not been entitled to be registered as an occupant of
the land held by him as a tenant before the date of vesting;
(ii) does not hold and cultivate personally any land as an owner, but holds land as tenant, which
he cultivates personally in excess of a ceiling area, he shall be entitled to be registered as an
occupant to the extent of a ceiling area;
(iii) holds and cultivates personally as an owner of any land the area of which is less than a
ceiling area, he shall be entitled to be registered as an occupant to the extent of such area as will
be sufficient to make up his holding to the extent of a ceiling area.
(3) The land held by a person before the date of vesting and in respect of which he is not entitled
to be registered as an occupant under this section shall be disposed of in the manner provided in
section 77 after evicting such person.
Sec 46. When tenant entitled to choose land.—If any tenant entitled to be registered as an
occupant under sub-section (1) of section 45, held land from one or more than one landlord, such
tenant shall, subject to such rules as may be made by the State Government, be entitled to choose
the area and the location of the land of which he wishes to become the registered occupant:
Provided that the area so chosen shall not, as far as may be practicable, be other than the area
included in a survey number or a sub-division or a recognised share of a survey number.
Sec 47. Amount payable.—(1) every land-owner, landlord and all other persons interested in the
land shall, for the extinguishment of their rights in the lands vesting in the State Government
under sub-section (6) of section 15 or section 20 or section 44, be entitled to an amount
determined with reference to the net annual income derivable from the land or all the lands, as
the case may be, in accordance with the following scale, namely:—
(i) for the first sum of rupees five thousand or any portion thereof of the net annual income from
the land, fifteen times such sum or portion;
(ii) for the next sum of rupees five thousand or any portion thereof of the net annual income from
the land, twelve times such sum or portion;
(iii) for the balance of the net annual income from the land, ten times such balance:
Provided that,— (i) if the tenant in respect of the land is a permanent tenant, the amount payable
shall be six-times the difference between the rent and the land revenue payable for such land;
(ii) if the tenant holds land from intermediaries the amount shall be paid to the land-owner and
the intermediaries in the same proportion in which the rent paid for the land by the tenant was
being appropriated by them immediately before the date of vesting;

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(iii) if the land vesting in the State Government is D class land referred to in Part A of Schedule I
or if the landlord is,—
(1) a small holder; (2) a minor; (3) a widow; (4) a woman who has never been married; (5) a
person who is subject to such physical or mental disability as may be prescribed; or (6) such
soldier or seamen whose lands vest in the State Government under section 44, an amount equal
to twenty times the net annual income from such land shall be payable.
(2) For the purpose of sub-section (1), the net annual income from the land shall be deemed to be
the amount payable as annual rent in respect of the land as specified in section 8. But where in a
land assessed as wet land or dry land the landlord has raised fruit bearing trees, the annual
income for purpose of sub-section (1) shall, subject to such rules as may be prescribed, be
determined on the basis of assessment for garden land which could have been levied having
regard to the nature of the fruit bearing trees.
(3) Where there are wells or other structures of a permanent nature on the land constructed by
the landlord the value thereof calculated in the prescribed manner shall also be payable.
(4) Notwithstanding anything in sub-sections (1) and (3), the aggregate amount payable
according to the said sub-sections shall not exceed rupees two lakhs.
Sec 48. Constitution of Tribunals.—(1) The State Government shall, by notification, constitute
for each Taluk a Tribunal for purposes of this Act consisting of the following members, namely:
—
(i) the Assistant Commissioner of the Revenue sub-division having jurisdiction over the Taluk or
an Assistant Commissioner specially appointed for the purpose by the State Government.
(ii) four others nominated by the State Government of whom at least one shall be a person
belonging to the Scheduled Castes or Scheduled Tribes,
Provided that if in its opinion it is necessary so to do, the State Government may constitute
additional Tribunals for any taluk and the Deputy Commissioner may, subject to any general or
special orders of the State Government, distribute the work among the Tribunals in any taluk.
(2) The Assistant Commissioner shall be the Chairman of the Tribunal.
(3) The State Government may from time to time likewise re-constitute the Tribunal. Any
proceedings pending before the Tribunal shall be continued by the reconstituted Tribunal as if
the same were instituted before it.
(4) The quorum to constitute the meeting of the Tribunal and procedure to be followed by it
shall be such as may be prescribed.
(5) No act or proceeding of the Tribunal shall be deemed to be invalid by reason only of the
existence of any vacancy among its members or any defect in the constitution or re-constitution
thereof.

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(6) The non-official members of the Tribunal shall be entitled to such travelling and other
allowances as may be prescribed.
(7) The Tahsildar or any officer specially appointed for the purpose by the State Government
shall be the Secretary of the Tribunal.
Sec 48A. Enquiry by the Tribunal, etc.—(1) Every person entitled to be registered as an
occupant under section 45 may make an application to the Tribunal. Every such application shall,
be made before the expiry of a period of six months from the date of the commencement of
section 1 of the Karnataka Land Reforms (Amendment) Act, 1978,
(2) On receipt of the application, the Tribunal shall publish a public notice in the village in which
the land is situated calling upon the landlord and all other persons having an interest in the land
to appear before it on the date specified in the notice. The Tribunal shall also issue individual
notices to the persons mentioned in the application and also to such others as may appear to it to
be interested in the land.
(3) The form of the application, the form of the notices, the manner of publishing or serving the
notices shall be prescribed. The Tribunal may for valid and sufficient reasons permit the tenant to
amend the application.
(4) Where no objection is filed, the Tribunal may, after such verification by order either grant or
reject the application.
(5) Where an objection is filed disputing the validity of the applicant’s claim or setting up a rival
claim, the Tribunal shall, after enquiry, determine, by order, the person entitled to be registered
as occupant and pass orders accordingly.
(5A) Where there is no objection in respect of any part of the claim, the Tribunal may at once
pass orders granting the application as regards that part and proceed separately in respect of the
other part objected to.
(6) The order of the Tribunal under this section shall be final and the Tribunal shall send a copy
of every order passed by it to the Tahsildar and the parties concerned.
the Tribunal may, on the application of any of the parties, for reasons to be recorded in writing,
correct any clerical or arithmetical mistakes in any order passed by it.
the Tribunal may on its own or on the application of any of the parties, for reasons to be
recorded in writing correct the extent of land in any order passed by it after causing actual
measurement and after giving an opportunity of being heard to the concern-parties.
(7) The person to be registered as an occupant shall pay to the State Government as premium an
amount equal to fifteen times the net annual income referred to in sub-section (2) of section 47 in
the case of A Class, B Class and C Class lands referred to in part A of Schedule 1 and twenty
times such income in the case of D Class land referred to in the said Part A, plus the amount, if
any, payable under sub-section (3) of that section:

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Provided that the premium payable by a permanent tenant shall be six times the difference
between the rent and the land revenue of the land.
(8) Where no application is made within the time allowed under sub- section (1), the right of any
person to be registered as an occupant shall have no effect
Sec 48B. Tahsildar to determine the amount payable.—(1) The Tahsildar shall, on receipt of
the orders passed under sub-section (4) or sub-section (5) of section 48A and where no
application is filed within the period provided in sub-section (1) of section 48A, on receipt of the
application by the landlord, proceed to determine the amount payable under section 47 and
prepare a statement showing the apportionment of the amount so determined among the persons
entitled to it in accordance with the value of their respective interest in the land. Such statement
shall contain the following particulars, namely:—
(a) the particulars of the lands in respect of which the amount is to be paid;
(b) the names of the land-owner, landlord and intermediaries, if any, and other persons interested
in the land and the amount payable to each of them;
(c) such other particulars as may be prescribed.
(2) where there is no agreement among the persons entitled for the amount regarding the right to
or apportionment of the amount, the Tahsildar shall refer the question to the Court. On receipt of
such reference the Court shall after giving notice to the parties concerned, try the question
referred to it and record findings thereon and send the same to the Tahsildar. The Tahsildar shall
then prepare the statement referred to in sub-section (1) in accordance with the said findings.
Sec 48C. Interim Orders.—(1) The Tribunal may, subject to such terms and conditions as it
may impose, issue interlocutory orders in the nature of temporary injunction or appointment of
Receiver concerning the dwelling house in respect of which an application is made under section
38 or the land in respect of which an application is made under section 48A.
(2) The Tribunal may at any time revoke or modify the order issued by it under sub-section (1).
(3) the order of the Tribunal shall be final.
Sec 49. Sub-tenants of tenants to be registered as occupants .—Where a tenant has lawfully
sub-let the land held by him, such sub-tenant of the land, shall, to the exclusion of the tenant, to
the extent and subject to the conditions specified in sections 45 and 46 be entitled to be
registered as occupant of the land of which he was a sub-tenant before the date of vesting.
50. Determination of encumbrances and payment of the amount .—(1) The Tahsildar while
determining the amount under section 48B shall determine any mortgage or other encumbrance
lawfully subsisting on the land on the date of vesting, and the amount due under the mortgage or
the encumbrance in respect of such land shall save as provided in section 106 be a charge on the
amount payable in respect of such land to the person who has created the mortgage or
encumbrance.

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(2) (a) If the total amount payable in respect of encumbrances is less than the amount payable in
respect of such land it shall be deducted from such amount and the balance paid to the land-
owner, landlord the intermediaries, if any, and other persons interested, towards the amount.
(b) If the total amount payable in respect of the encumbrances is more than the amount payable
in respect of the land, the amount payable shall be distributed among the holders of
encumbrances in the order of priority. If any person has a right to receive maintenance or
alimony from the profits of the land, deductions shall also be made for such payment out of the
amount payable.
(3) If any question of law is involved regarding the validity of the encumbrance, the claim of the
holder of the encumbrance or regarding the amount due in respect of the encumbrance or if there
is no agreement regarding any encumbrance between the landlord and the holder of the
encumbrance, then notwithstanding anything contained in section 132, the Tahsildar shall refer
the question for decision to the Court. On receipt of such reference the Court shall after giving
notice to the parties concerned, try the question referred to it as expeditiously as possible and
record findings thereon and send the same to the Tahsildar. The Tahsildar shall then give the
decision in accordance with the said findings.
(4) Notwithstanding anything contained in any law, any advance paid by the tenant to the
landlord for the lease or purchase of the land held by him on lease from the landlord shall be
deemed to be a charge on the land, and the debt shall be discharged in the same manner as an
encumbrance on such land under this section.
Sec 51. Mode of payment of the amount.—(1) Save as provided in section 106, the amount
payable to any person under section 47 shall, subject to the provisions of section 50,—
(a) be paid in cash in a lumpsum if the amount payable does not exceed two thousand rupees;
and
(b) if the amount payable exceeds two thousand rupees the amount up to two thousand rupees
shall be paid in cash and the balance shall be paid in non-transferable and non-negotiable bonds
carrying interest at the rate of five and a half per cent per annum and of guaranteed face value
maturing within a specified period not exceeding twenty years:
Provided that the amount payable under the bonds under this clause may be paid in such number
of instalments not exceeding twenty as may be prescribed.
Provided further that the amount payable shall, subject to such rules as may be prescribed, be
paid,-
(i) in the case of a minor, a person who has attained the age of sixty five years a woman who has
never been married, a small holder, a person subject to the prescribed physical or mental
disability and subject to clause (ii), a widow,—
(a) in a lumpsum where the amount payable does not exceed fifty thousand rupees,; and

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(b) where the amount payable exceeds fifty thousand rupees, the first fifty thousand rupees in a
lumpsum and the balance in non-transferable and non-negotiable bonds carrying interest at the
rate of five and half per cent per annum and of guaranteed face value maturing within a specified
period not exceeding twenty years;
(ii) in the case of a widow, if she so elects in writing, in the form of annuity during her life time,
a sum determined in such manner as may be prescribed; which shall not be less than the net
annual income referred to in sub-section (2) of section 72.
Provided also that in relation to a small holder the second proviso shall have effect as if it was in
force on and from the First day of March, 1974.
(2) Notwithstanding anything in sub-section (1), on or after 1st March 1984, the balance and
interest thereon payable in accordance with clause (b) of sub-section (1) of the second proviso to
the said sub-section shall, in lieu of the bonds specified therein, be paid in the following manner,
namely:—
(a) the interest accrued at the rate of five and a half per cent per annum till 1st March, 1984
remaining unpaid shall be paid in five consecutive annual, as far as may be, equal instalments
commencing from 1st March, 1984 in National Savings Certificates;
(b) the whole or, as the case may be, part of the balance specified in sub-section (1), payable
before 1st March, 1984 remaining unpaid shall be paid in five consecutive annual, as far as may
be, equal instalments commencing from the said date in National Savings Certificates; and
(c) the whole or, as the case may be, part of the said balance payable on or after 1st March, 1984
shall be paid in ten consecutive annual, as far as may be equal instalments commencing from the
said date in National Savings Certificates:
Provided that along with each of the instalments referred to in items (b) and (c), the interest
thereon from 1st March, 1984 at the rate of five and a half per cent per annum upto the date of
payment thereof shall also be paid in National Savings Certificates.
Sec 52. Payment of compensation to be full discharge.—The payment of the amount or the
value of encumbrance, maintenance or alimony to the land-owner, landlord, or intermediary or
other persons entitled thereto in the manner prescribed by or under this Act shall be a full
discharge of the liability for payment of compensation and no further claims for payment of the
amount shall lie against the State Government or any other person.
Sec 53. Payment of premium by tenant.—(1) The amount of premium in respect of the land of
which a tenant or sub-tenant entitled to be registered as occupant under section 45 shall be
payable to the State Government by the tenant or sub-tenant,—
(i) where the amount payable does not exceed two thousand rupees, in a lumpsum;
(ii) in other cases,—

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(a) either in lumpsum; or (b) where the amount is paid by him out of his own funds, in annual
instalments of such number not exceeding twenty as he may intimate, with interest at five and
half per cent per annum, from the date of the order under sub-section (4) or sub-section (5) of
section 48A and where the money is advanced by the State Land Development Bank or a credit
agency, in annual instalments of such number not exceeding the number permitted as maximum
for the recovery of term loan granted by such bank or agency without interest there on.
Provided that where payment is in instalments, two thousand rupees shall be paid as the first
instalment and the balance in equated annual instalments.
Provided further that where the extent of the land in respect of which a person is registered as an
occupant together with other land, if any, held by him, does not exceed ten acres of ‘D’ Class
land, or an extent equivalent thereto, comprising of one or more classes of other land specified in
Part A of Schedule-I, determined in accordance with the formula specified in Part B of Schedule-
I, he shall be exempted from paying the premium and instalments thereof which fall due on or
after the commencement of Karnataka Land Reforms (Second Amendment) Act, 1990 or having
fallen due before the said date has remained un-paid.
(1-A) Every tenant who is registered as an occupant shall be entitled to get assistance from the
State Land Development Bank or from a Credit Agency as defined in the Karnataka Agricultural
Credit Operations and Miscellaneous Provisions Act, 1974 (Karnataka Act 2 of 1975) for the
payment of the premium in accordance with such rules as may be prescribed:
(1B) Notwithstanding anything contained in the Karnataka Co-operative Societies Act, 1959, the
amount advanced to the tenants by the State Land Development Bank under rules made under
sub-section (1A) may be recovered by the State Government in the same manner as arrears of
land revenue and paid to said Bank.
(1C) The amount advanced to a tenant by the credit agency may be recovered in the same
manner as is provided in the Karnataka Agricultural Credit Operations and Miscellaneous
Provisions Act, 1974 for recovery of any financial assistance given by it to a person for
agricultural purposes.
(2) In addition to the premium payable, the tenant shall also be liable to pay the land revenue due
on that land.
Sec 53A. Establishment of a separate fund.—(1) There shall be constituted for the State of
Karnataka a fund called the Karnataka Religious and Charitable Institutions Annuity Fund.
(2) The fund specified in sub-section (1) shall consist of,—
(a) the amount of premium collected from the tenants or sub-tenants of land belonging to the
institutions referred to in section 106; (b) the interest earned on the amounts in the said fund; (c)
such amount transferred from the consolidated fund of the State as may be necessary to make up
the deficit, if any, where the amounts referred to in the above clauses are insufficient to pay the
annuities to such institutions.

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(3) The amount specified in clause (a) of sub-section (2), shall first be credited to the
Consolidated Fund of the State. Such amount and the amount referred to in clause (c) of sub-
section (2), shall thereafter, under appropriation duly made by law in this behalf, be entered in
and transferred to the said fund. The amount at credit in the said fund may be invested in such
manner as the State Government may direct.
(4) The annuities payable to the said institutions shall be paid from out of the said fund.
Ssec 54. Premium recoverable as arrears of land revenue.—(1) If a tenant or sub-tenant fails
to make payment of any instalment in accordance with the provisions of the foregoing sections
the amount of such instalment shall also be recoverable as an arrear of land revenue.
(2) The amount recovered under sub-section (1) shall be deposited with the Tahsildar.
Sec 55. Issue of certificate of registration.—(1) On receipt of the final orders passed under sub-
section (4) or sub-section (5) of section 48A, subject to such rules as may be prescribed, the
Tahsildar shall issue a certificate that the tenant has been registered as an occupant. The
certificate shall be conclusive evidence of such registration.
(2) The Tahsildar shall forward a copy of the certificate issued under sub-section (1) to the
concerned Sub-Registrar who shall, notwithstanding
Sec 57. Provisions applicable to minors, persons under disability, etc. - (1) where the tenant is
a minor or a person subject to any mental or physical disability or a soldier in service in the
Armed Forces of the Union or a seaman,  the right of the tenant under section 45 may be
exercised,-
(i) by the minor within one year from the date on which he attains majority;
(ii) by a person subject to physical or mental disability within one year from the date on which
such disability ceases to exist;
1
(iii) by a soldier within one year from the date on which he is released from the Armed Forces
or is sent to the Reserve;
(iv) by a seaman, within one year from the date on which he ceases to be a seaman.
Sec 58. Vesting in the State Government of land leased contrary to the Act .- (1) Where it
appears to the Tahsildar that any person has leased land contrary to the provisions of this Act, he
shall issue a notice to such person to show cause within fifteen days from the date of service of
the notice why the land leased should not be forfeited to the State Government as penalty for
contravention of the Act.
(2) If the Tahsildar on considering the reply or other cause shown is satisfied that there has been
such a lease he may, by order, declare that the right, title and interest of such person in the land
shall be forfeited to the State Government as penalty. Thereupon the land shall vest in the State
Government and the Tahsildar may take possession thereof by summarily evicting any person
occupying it.  No amount shall be payable in respect of such land.

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(3) Such land shall be disposed of in accordance with the provisions of section 77
Sec 60. Failure to cultivate personally .- Notwithstanding anything contained in any law, if at
any time after the tenant has been registered as occupant , under any of the foregoing provisions,
such tenant fails to cultivate the land personally for three consecutive years, he shall, unless the 
Tahsildar condones such failure for sufficient reasons, be evicted and the land shall be disposed
of in accordance with the provisions of section 77.
61. Restriction on transfer of land of which tenant has become occupant .- (1)
Notwithstanding anything contained in any law, no land of which the occupancy  has been
granted to any person under this Chapter  shall, within fifteen years from the date of the final
order passed by the Tribunal under sub-section (4) or sub-section (5) or sub-section (5A) of
section 48A be transferred by sale, gift, exchange, mortgage, lease or assignment; but the land
may be partitioned among members of the holder's joint family, 
(2)it shall be lawful for the occupant registered as such or his successor-in-title to take a loan
and mortgage or create a charge on his interest in the land in favour of the State Government, 2a
financial institution, a co-operative land development bank, a co-operative society or a company
as defined in section 3 of the Companies Act, 1956 in which not less than fifty one per cent of
the paid-up share capital is held by the State Government or a Corporation owned or controlled
by the Central Government or the State Government or both for development of land or
improvement of agricultural practices; and without prejudice to any other remedy provided by
any law, in the event of his making default in payment of such loan in accordance with the terms
and conditions on which such loan was granted, it shall be lawful to cause his interest in the land
to be attached and sold and the proceeds to be utilised in the payment of such loan.
(3) Any transfer or partition of land in contravention of sub-section (1) shall be invalid and such
land shall vest in the State Government free from all encumbrances and shall be disposed in
accordance with the provisions of section 77.
62. Surrender of land to State Government .- If the person who has been registered as
occupant 1 under this Chapter or his successor-in-title intends, within six years from the date of
such registration 1, giving up personal cultivation of the land, he shall surrender the land to the
State Government, and on such surrender the State Government shall pay an amount equal to the
premium paid and the depreciated value of improvements, if any, effected after the date of
registration , to the person surrendering and the other persons interested in the land. The
surrendered land shall then be at the disposal of the State Government and the Tribunal may
thereafter dispose of it as surplus land vesting in the State Government.

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 Ceiling on Land Holdings

Sec 63. Ceiling on land.- (1) No person who is not a member of a family or who has no family
and no family shall, except as otherwise provided in this Act, be entitled to hold, whether as land
owner, landlord or tenant or as a mortgagee with possession or otherwise or partly in one
capacity and partly in another, land in excess of the ceiling area.
(2) The ceiling area for a person who is not a member of a family or who has no family or for a
family shall be ten units:
Provided that in the case of a family consisting of more than five members the ceiling area shall
be ten units plus an additional extent of two units for every member in excess of five, so however
that the ceiling area shall not exceed twenty units in the aggregate.
(2A) The ceiling area for a person who is tenant under clause (b) of sub-section (2) of section 5
shall be forty units.
(3) In the case of a family the ceiling area shall be applied to the aggregate of the lands held by
all the members of the family, including the ‘stridhana’ land.
(4) In calculating the extent of land held by a person who is not a member of a family but is a
member of a joint family and also in calculating, the extent of land held by a member of a family
who is also a member of a joint family, the share of such member in the lands held by a joint
family shall be taken into account and aggregated with the lands, if any, held by him separately
and for this purpose such share shall be deemed to be the extent of land which would be allotted
to such person had there been a partition of the lands held by the joint family.
(5) In respect of lands owned or held under a private trust,-
(a) where the trust is revocable by the author of the trust, such lands shall be deemed to be held
by such author or his successor in interest; and
(b) in other cases, such lands shall be deemed to be held by the beneficiaries of the trust in
proportion to their respective interests in such trust or the income derived therefrom.
Explanation.- Where a trust is partly private and partly public this sub-section shall apply only
to lands covered by that part of the assets of the trust which is relatable to the private trust.
(6) In calculating the extent of land held by a person who is not a member of a family or who has
no family or by a member of a family, the share of such person or member in the lands held by a
co-operative farm shall be taken into account.
(7)(a) No educational, religious or charitable institution or society or trust, of a public nature,
capable of holding property, formed for an educational, religious or charitable purpose shall hold
land except where the income from the land is appropriated solely for the institution or the
society or the trust concerned. Where the land is so held by such institution, society or trust, the
ceiling area shall be twenty units.

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(b) If any question arises whether the income from the land is solely appropriated for the
institution, society or trust, it shall be decided by the prescribed authority. The decision of the
prescribed authority shall be final. Where the prescribed authority decides that the income is not
so appropriated, the land held by the institution, society or trust shall be deemed to be surplus
land and the provisions of sections 66 to 76 shall, so far as may be, apply to the surrender to and
vesting in the State Government of such land. The provisions of this sub-section shall have effect
notwithstanding anything in this Act.
(8)(a) No sugar factory shall hold land except solely for purpose of research or seed farm or
both. Where land is held by a sugar factory for such purpose the ceiling area shall be fifty units.
(b) If any question arises whether any land held by a sugar factory is solely used for the purpose
of research or seed farm or both, the decision of the prescribed authority shall be final and the
land not held for the said purpose shall be deemed to be surplus land and the provisions of
sections 66 to 76 shall, so far as may be, apply to the surrender to and vesting in the State
Government of such land. The provisions of this sub-section shall have effect notwithstanding
anything contained in this Act.
(9) In the case of any person holding land cultivated by plantation crops, the ceiling area in
respect of other land held by him shall be determined taking into consideration, the agricultural
land referred to in item (ii) of the Explanation to section 104.
(10) Notwithstanding anything in the preceeding sub-section, if any person has,-
(i) after the 18th November 1961 and before the 24th January 1971 transferred any land the
extent of which if added to the other land retained by him could have been deemed to be surplus
land before the date of commencement of the Amendment Act; or
(ii) after the 24th January 1971 transferred any land,
otherwise than by partition or by donation to the Karnataka Boodan Yagna Board established
under the Karnataka Bhoodan Yagna Act, 1963 (Karnataka Act 34 of 1963) or by sale to the
tenant of such land in conformity with any law for the time being in force, then in calculating the
ceiling area which that person is entitled to hold, the area so transferred shall be taken into
account and the land exceeding the ceiling area so calculated shall be deemed to be in excess of
the ceiling area notwithstanding that the land remaining with him may not in fact be in excess of
the ceiling area.
If by reason of such transfer the person's holding is less than the area so calculated to be in
excess of the ceiling area, then all his lands shall be deemed to be surplus land and the provisions
of sections 66 to 76 shall, as far as may be, apply to the surrender to and vesting in the State
Government of such excess land.
Explanation.- For purposes of this sub-section the land shall be deemed to have been transferred
if it has been transferred by act of parties (whether by sale, gift, mortgage with possession,
exchange, lease or any other kind of disposition made inter vivos.)

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Sec 64. Future acquisition of land.- Where on account of transfer, gift, purchase, exchange,
mortgage with possession, lease, surrender or any other kind of transfer inter vivos or by bequest
or inheritance, partition or otherwise, 1any land is acquired or comes into possession of any
person or family after the date of commencement of the Amendment Act and in consequence
thereof the total extent of land held by such person or family exceeds the ceiling area permitted
under section 63, the excess land shall be deemed to be surplus land, and the provisions of
sections 66 to 76 shall, as far as may be, apply to the surrender to, and vesting in, the State
Government, of such excess land:
1
Explanation.-In this section "bequest" includes,-
(i) gift made in contemplation of death; and
(ii) gift to take effect after the happening of any event.
Sec 65. Surplus land to be surrendered to State Government.- The land which is in excess of
the ceiling laid down in section 63 or 64 (hereinafter referred to as "surplus land") shall be
surrendered to the State Government.
Sec 165-A. Certain lands deemed to be in excess of ceiling area .- Where as a result of
irrigation from a source constructed by the State Government, any land held by a person or if he
has family, together with any member of his family or a family is converted into any other class
of land and thereby the lands held by such person or family exceed the ceiling area, the land so in
excess shall be deemed to be surplus land and accordingly the provisions of sections 66 to 76
shall, so far as may be, apply to the surrender to and vesting in the State Government of such
excess land.
Sec 66. Filing of declaration of holding.-  (1)  (a) Every person who on the date of
commencement of the Amendment Act holds,-
(i) ten acres or more of lands having facilities for irrigation from a source of water belonging to
the State Government; or
(ii) twenty acres or more of lands on which paddy crop can be grown with the help of rain water;
or
(iii) forty acres or more of lands classified as dry but not having any irrigation facilities from a
source of water belonging to the State Government,
shall on or before the 31st day of December 1974;
(b) every person who acquires land in excess of the extent specified in clause (a) in any manner
referred to in section 64; and
(c) every person whose land is deemed to be in excess of the ceiling area under section 65A,
shall, within the prescribed period, furnish a declaration to the Tahsildar within whose
jurisdiction the holding of such person or the greater part thereof is situated containing the
following particulars, namely:-

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(i) particulars of all the lands;
(ii) particulars of the members of the family; and
(iii) such other particulars as may be prescribed.
(1A) Where a person holds different categories of land mentioned in clause (a) of sub-section
(1), the total extent of lands held by such person shall, for purposes of this section, be determined
by converting all categories of land into any one category in accordance with the following
formula, namely:-
One acre of land referred to in category (i)=two acres of land referred to in category (ii)=four
acres of land referred to in category (iii).
(2) Without prejudice to the provisions of sub-section (1), the Tahsildar shall have power to issue
notice requiring any person who 1he has reason to believe, holds land, or resides within his
jurisdiction, to furnish 1to him a declaration of all lands held by him within such period as may
be specified in the notice (not being less than thirty days from the date of service of the notice),
and it shall be the duty of such person to furnish the declaration.
(3) Every declaration furnished under sub-section (1) or sub-section (2), shall be in the
prescribed form; and the person furnishing the declaration shall be entitled to obtain a receipt
therefor.
(4) Notwithstanding anything contained in sub-section (1), every person who had held on or
after 18th November 1961 and before the commencement of the Amendment Act,-
(a) ten acres or more of lands having facilities for irrigation from a source of water belonging to
the State Government; or
(b) twenty acres or more of lands on which paddy crop can be grown with the help of rain water;
or
(c) forty acres or more of lands other than those specified in clauses (a) and (b),
shall in respect of the land so held by him also furnish a declaration within one hundred and
eighty days from the eleventh day of September 1975 to the Tahsildar within whose jurisdiction
the holding of such person or a greater part thereof is or was situated containing the following
particulars, namely:-
(i) particulars of the land;
(ii) particulars of the members of his family;
(iii) particulars of lands transferred or disposed of in any manner prior to 24th January 1971 and
subsequent to that date;
(iv) particulars of the persons to whom lands if any, have been transferred or disposed of;
(v) such other particulars as may be prescribed.

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(5) The provisions of sub-sections (1A), (2) and (3) shall mutatis mutandis apply to the
declarations to be furnished under sub-section (4).
Explanation.- x x x
Sec 66-A. Penalty for failure to furnish declaration.- (1) Where a person required by section
66 to furnish a declaration,-
(a) fails without reasonable cause so to do within the time specified in that section, or
(b) furnishes a declaration which he knows or has reason to believe it to be false,
the Tahsildar shall issue a notice to such person asking him to show cause within fifteen days of
the service thereof why a penalty which may extend to five hundred rupees may not be imposed
on him. Where no reply is filed or where a reply is filed the Tahsildar is satisfied that the person
has without reasonable cause failed to furnish the declaration within time or has submitted the
declaration knowing or having reason to believe it to be false, he may, by order, impose the said
penalty and require such person to furnish a true and correct statement complete in all
particulars, within a period of one month from the date of service of the order.
(2) If such person fails to comply with the order within the time granted, the right, title and
interest of such person in the land held to the extent in excess of the ceiling area shall, by way of
penalty, be forfeited to the State Government and shall thereupon vest in the State Government.
Sec 67. Surrender of land in certain cases.- 1(1)(a) Save as provided in section 66A, on receipt
of the declaration under section 66 the Tahsildar shall,-
(i) verify the particulars contained therein as regards the survey number and the extent of the
land;
(ii) determine to which class, A, B, C or D, the land belongs; and
(iii) place the declaration and the connected records before the Tribunal.
2
(aa) Where a portion of the holding declared before a Tahsildar is situated within the jurisdiction
of another Tahsildar, the former shall send a copy of the declaration to the latter, who shall make
the verification and determination specified in item (i) and (ii) of clause (a) in respect of such
portion and send the copy of the declaration and the connected records to the former Tahsildar,
who shall place them before the Tribunal.
(b) Thereupon and after such enquiry as may be prescribed, the Tribunal shall determine the
extent of the holding and the area by which such extent exceeds the ceiling area.
(c) Where the total extent of the holding so determined by the Tribunal is equal to or less than
the ceiling area, the person concerned shall be entitled to retain his entire holding; but where the
total extent is more than the ceiling area, such person shall be liable to surrender such extent of
land as will, after such surrender, bring the total extent of land retained by him to the extent of
the ceiling area.

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(d) The order of the Tribunal shall be final and shall be communicated to the person concerned
and also the Tahsildar.
3
(1A) Where the land held by a family consist of ‘stridhana’ land which may be surrendered, the
extent of ‘stridhana’ land to be surrendered shall in no case be more than the proportion which
the extent of ‘stridhana’ land bears to the extent of other land held by the family.
(1B) Where a person holds lands cultivated by him personally as well as lands cultivated by a
tenant, the surrender of surpluas land by him shall with reference to the land cultivated by a
tenant, be subject to the provision of Chapter III.
(2) The 1Tribunal shall serve on every person who is liable to surrender land under sub-section
(1), a notice specifying therein the extent of land which he should surrender, and requiring him to
file a statement in such manner and within such period as may be prescribed specifying therein
the land which he proposes to surrender.
1
(3) If the person concerned files such declaration within the prescribed period, the 2Tribunal
may subject to the provision of sub-section (3A) pass an order approving the surrender and the
said land shall thereupon be deemed to have been surrendered by such person.
(3A) If the land proposed to be surrendered is not suitable on the ground of inaccessibility or any
other ground that may be prescribed, the 2Tribunal may pass an order rejecting it and call upon
the person concerned to file a fresh statement specifying therein other suitable land. On the filing
of such statement the 2Tribunal shall pass an order approving such surrender and the said land
shall thereupon be deemed to have been surrendered by such person. If such person fails to file a
fresh statement, the 2Tribunal may 3itself select the land which shall be surrendered by such
person and pass an order to that effect and thereupon the said land shall be deemed to have been
surrendered by such person.
(4) If the person concerned does not file such statement within the prescribed period,
the 1Tribunal may 2itself select the land which shall be surrendered by the person concerned, and
pass an order to that effect; and thereupon the said land shall be deemed to have been
surrendered by such person.
(5) An order under sub-section 1(3), (3A) or (4) relating to surrender of land shall be passed in
respect of land which, as far as practicable, forms a survey number, or a recognised part of
survey number of a sub-division of a survey number.
Sec 67-A. Payment for use and occupation of land.- (1) Every person possessing land in
excess of the ceiling area, as determined under this Chapter, shall pay to the State Government
for the period he was in possession or such extent of land from the date of the order determining
the excess, such compensation for the use and occupation of such land as the Tribunal may
determine in the prescribed manner.
(2) Any sum payable under sub-section (1) may be recovered as arrears of land revenue.

30 | P a g e
Sec 68. Vesting of land surrendered by owner .- Where the land surrendered under section 67
is by an owner (other than a limited owner), the State Government may take over such land 1on
the service of the order under section 67 and such land shall thereupon vest in the State
Government free from all encumbrances.
Sec 69. Vesting of land surrendered by limited owner.- (1) Where the land surrendered under
section 67 is by a limited owner, it shall vest in the presumptive reversioner.
(2) Where as a result of the vesting of any land under sub-section (1), the total land held by the
reversioner exceeds the ceiling limit specified in section 63 or 64, such reversioner shall, within
a period of ninety days of such vesting furnish a declaration of his holding in the prescribed form
to the 1Tahsildar within whose jurisdiction his holding or any part thereof is situated, and all the
relevant provisions of this Act shall thereupon apply as if it were a declaration filed by him under
section 66.
(3) The reversioner in whom any land vests under sub-section (1) shall be liable to pay the
limited owner an annual sum equivalent to four and a half per cent of the amount payable to the
owner under 1 section 72 in respect of the land vesting in him under sub-section (1) until such
time as the limited owner would have continued in possession of the land but for the surrender of
the land by him.
70. Reversion and vesting of land surrendered by usufructuary mortgagee .- (1) Where the
land surrendered under section 67 is by an usufructuary mortgagee, the possession of the land
shall (without prejudice to the rights of the tenant, if any, in occupation of the land) revert to the
mortgagor 1not being a person disentitled to hold lands under section 79A in every case where,
and to the extent to which the mortgagor himself is not liable to surrender the said land in
accordance with the provisions of section 67.
(2) The mortgagor to whom possession of the land reverts under sub-section (1) shall be liable to
pay the mortgage money due to the usufructuary mortgagee in respect of that land and the said
land shall be the security for such payment.
(3) In cases where possession of the land surrendered by an usufructuary mortgagee does not
revert to the mortgagor 1for the reason that the mortgagor is himself liable under section 67 to
surrender the land held by him, the State Government may take over such land on the publication
of the notification under section 73 and such land thereupon shall vest in the State Government
free from all encumbrances.
Sec 71. Vesting of land surrendered by tenant.- (1) Where the land surrendered under section
67 is by a tenant, 1of a soldier or a seaman the possession of the land shall revert to the owner in
every case where, and to the extent to which the owner himself is not liable to surrender such
land in accordance with the provisions of section 67.
(2) The owner to whom possession of the land reverts under sub-section (1) shall be liable to pay
the tenant compensation equal to one year's net income of such land.

31 | P a g e
(3) In cases where possession of the land surrendered by a tenant does not revert to the owner
under sub-section (1), the State Government may take over the land on the publication of the
notification under section 73 and the land shall thereupon vest in the State Government free from
all encumbrances.
Sec 72. Amount payable for lands surrendered to and vesting in the State Government.- (1)
Save as otherwise provided in this Act, the amount payable in respect of land to be taken over by
the State Government under sections 68, 70, 71, 79A and 79B shall be determined with reference
to the net annual income derivable from the land in accordance with the following scale,
namely:-
(i) for the first sum of rupees five thousand or any portion thereof of the net annual income from
the land, fifteen times such sum or portion;
(ii) for the next sum of rupees five thousand or any portion thereof of the net annual income from
the land, twelve times such sum or portion;
(iii) for the balance of the net annual income from the land, ten times such balance:
Provided that where the land taken over by the State Government is D Class land referred to in
Part A of Schedule I, an amount equal to twenty times the net annual income thereof shall be
payable.
(2) For the purpose of sub-section (1), the net annual income from the land shall be deemed to be
the amount payable as annual rent in respect of the land as specified in section 8. But where in a
land assessed as wet land or dry land, the owner has raised fruit bearing trees, the net annual
income of such land for purposes of sub-section (1) shall be determined on the basis of
assessment for garden land which could have been levied having regard to the nature of the fruit
bearing trees.
(3) The amount under sub-section (1) shall be payable as follows:-
(a) to the tenant, if any, in possession of the land, an amount equal to one year's net annual
income;
(b) to the owner, the balance.
(4) Where there are wells or other structures of a permanent nature on the land, constructed by
the owner then, the value thereof calculated in the prescribed manner shall also be payable.
(5) Notwithstanding anything in sub-sections (1) and (4), the aggregate amount payable
according to the said sub-sections shall not exceed rupees two lakhs.
73. Claims for 1the amount and payment of 1the amount.- 2(1) As soon as may be after the
service of the order made under section 67, the Tahsildar shall publish a notification containing
the particulars of the lands vested in the State Government.
(1A) After the publication of the notification under sub-section (1), the Tahsildar shall determine
the amount payable in respect of the land which has vested in the State Government.

32 | P a g e
(2) The provisions of sections 148B and 50 shall mutatis mutandis be applicable for determining
the persons entitled to 1the amount and the apportionment of 1the amount.
1
(3) The amount payable under sub-section (1) shall be paid in 2non-transferable and non-
negotiable bonds carrying interest at the rate of five and a half per cent per annum and of
guaranteed face value maturing within a specified period not exceeding twenty years:
Provided that the amount payable under the bonds issued under this sub-section may be paid in
such number of instalments not exceeding twenty as may be prescribed.
1
(4) Notwithstanding anything in sub-section (3), on or after 1st March 1984, the balance and
interest thereon payable in accordance with the said sub-section shall, in lieu of the bonds
specified therein, be paid in the following manner, namely:-
(a) The interest accrued at the rate of five and a half per cent per annum till 1st March, 1984
remaining unpaid shall be paid in five consecutive annual, as far as may be, equal instalments
commencing from 1st March, 1984 in National Savings Certificates;
(b) the whole or, as the case may be, part of the balance specified in sub-section (1), payable
before 1st March, 1984 remaining unpaid shall be paid in five consecutive annual, as far as may
be, equal instalments commencing from the said date in National Savings Certificates.
(c) the whole or, as the case may be, part of the said balance payable on or after 1st March, 1984
shall be paid in ten consecutive annual, as far as may be, equal instalments commencing from the
said date in National Savings Certificates:
Provided that along with each of the instalments referred to in items (b) and (c), the interest
thereon from 1st March, 1984 at the rate of five and a half per cent per annum upto the date of
payment thereof shall also be paid in National Savings Certificates.
Sec 74. Prohibition of alienation of holding .- 1On and from the date of commencement of the
Amendment Act, no person owning land in excess of the ceiling limit specified in section 63 or
64 shall alienate his holding or any part thereof by way of sale, gift, exchange or otherwise until
he has furnished a declaration under section 66 and the extent of land, if any, to be surrendered in
respect of that holding has been determined 2 and an order has been passed 2 under section 67,
and any alienation made in contravention of this section shall be null and void.
Sec 75. Excess land not to be surrendered in certain cases.- Where a person either by himself
or, if he has a family, or is a member of a joint family, together with any other member of the
family, or joint family, holds land not exceeding the ceiling limit referred to in section 63 or 64,
but subsequently the land held exceeds the ceiling limit, due to any change in the classification
of the land consequent upon any improvements effected in the land by such person or of the
family or due to a decrease in the number of members of the family, then, notwithstanding
anything contained in this Chapter, such person shall not be required to surrender any part of the
land on the ground that it is excess land.

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Sec 76. Taking possession of land vested in State Government .- Where under the provisions
of this Chapter any land vests in the State Government, the 1Tahsildar may, after removing any
obstruction that may be offered, forthwith take possession of the land.
Sec 177. Disposal of surplus land.- 2(1) Surplus land vesting in the State Government under this
Act, land directed to be disposed of under sub-section (3) of section 45, section 58, section 60,
land vesting in the State Government under section 79A, section 79B or under any other
provision of 3this Act, may, subject to reservation of 4seventy-five per cent thereof for grant to
persons belonging to the Scheduled Castes and the Scheduled Tribes and subject to such
restrictions and conditions as may be prescribed in this behalf, 3be granted by the Deputy
Commissioner or any other officer authorised by the State Government in this behalf to the
following persons to the extent and in the manner as may be prescribed:
(i) Dispossessed tenants who are not registered as occupants;
(ii) Displaced tenants having no land;
(iii) Landless agricultural labourers;
5
(iv) landless persons or other persons residing in villages in the same Panchayat area whose
gross annual income does not exceed rupees twenty thousand and ex-military personnel whose
gross annual income does not exceed rupees twenty-two thousand;
(v) Released bonded labourers;
(i) acquisition of such land under the Land Acquisition Act; or
(ii) resumption of such land by a soldier or a seaman for personal cultivation.
1
(2) The lands reserved for persons belonging to the Scheduled Castes and Scheduled Tribes
shall be granted in accordance with such rules as may be prescribed.
1
(2A) Notwithstanding anything in any law, no land granted under this section shall be
transferred by the grantee or his legal representatives for a period of fifteen years from the date
of the grant except by way of mortgage in favour of a financial institution and for the purposes
specified in sub-section (2) of section 61.
(2B) The Deputy Commissioner or the authorised officer shall forward a copy of the order
granting land under this section to the concerned Sub-Registrar who shall, notwithstanding
anything in the Registration Act, 1908 (Central Act 16 of 1908) or any other law, register the
same.
(3) Notwithstanding anything contained in sub-section (1), the State Government may, if it
considers that any land vesting in it is required for any public purpose, reserve such land for such
purpose.
Sec 77-A. Grant of land in certain cases.- (1) Notwithstanding anything contained in this Act,
if the Deputy Commissioner, or the 2or any other officer authorised by the State Government in
this behalf is satisfied after holding such enquiry as he deems fit, that a person,-

34 | P a g e
(i) was, immediately before the first day of March, 1974 in actual possession and cultivation of
any land not exceeding one unit, which has vested in the State Government under section 44; and
(ii) being entitled to be registered as an occupant of such land under section 45 or 49 has failed to
apply for registration of occupancy rights in respect of such land under sub-section (1) of section
48A within the period specified therein; and
(iii) has continued to be in actual possession and cultivation of such land on the date of
commencement of the Karnataka Land Reforms (Amendment) Act, 1997,he may 3 grant the land
to such person subject to such restrictions and conditions and in the manner, as may be
prescribed.
(2) The provisions of sub-sections (2A) and (2B) of section 77 and the provisions of section 78
shall apply mutatis mutandis in respect of the grant of land made under sub-section (1).
1
Provided that the land so granted together with the land already held by such person shall not
exceed 2 hectares of D class of land or its equivalent thereto.
Sec 78. Purchase price of surplus land.- (1) On the grant of land 1 under section 77, the grantee
shall have the option to deposit with the 2Tribunal the purchase price of the land so granted either
in a lumpsum or in such annual instalments not exceeding twenty as the 3Tahsildar may
determine, the first instalment becoming payable within such time as may be prescribed.
1
(2) The purchase price shall, in the case of,-
(i) A Class, B Class and C Class lands referred to in Part A of Schedule I be an amount equal to
fifteen times, and
(ii) D Class land referred to in Part A of the said Schedule be an amount equal to twenty times
the net annual income referred to in sub-section (2) of section 72 plus the amount, if any, payable
under sub-section (4) of that section.
(3) Where the purchase price is payable in instalments, the amount outstanding after payment of
each instalment shall bear interest at the rate of 1five and a half per cent per annum 2if the
purchase price is paid by the grantee out of his own funds and no interest where the money for
payment of the purchase price is advanced by the State Land Development Bank or a credit
agency.
(4) All amounts due from the grantees shall be a first charge on the land granted and shall be
recoverable as land revenue due on that land.
1
(5) Every grantee, who is granted surplus land shall be entitled to obtain assistance from the
State Land Development Bank or from a credit agency as defined in the Karnataka Agricultural
Credit operations and Miscellaneous Provisions Act, 1974 (Karnataka Act 2 of 1975) for the
payment of the purchase price in accordance with such rules as may be prescribed.
(6) Notwithstanding anything contained in the Karnataka Co-operative Societies Act, 1959
(Karnataka Act 11 of 1959) the amount advanced to the grantee by the State Land Development

35 | P a g e
Bank under sub-section (5) may be recovered by the State Government in the same manner as an
arrear of land revenue and credited to the said Bank.
(7) The amount advanced to a grantee by the credit agency shall be deemed to be financial
assistance within the meaning of the Karnataka Agricultural Credit Operations and
Miscellaneous Provisions Act, 1974 (Karnataka Act 2 of 1975) for the purpose of recovery of
dues under section 12 of the said Act and the provisions thereof shall, mutatis mutandis, apply in
respect of the amount so advanced.
Sec 79. Management of surplus lands .- The 1Tahsildar shall, subject to such rules as may be
prescribed in this behalf, manage the surplus lands referred to in section 77, until they are
disposed of under the said section, by making arrangements for the cultivation and protection by
lease or otherwise.

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 Restrictions on Holding or Transfer of Agricultural Lands

2
Sec 79-A. Acquisition of land by certain persons prohibited .- (1) On and from the
commencement of the 3the Karnataka Land Reforms (Amendment) Act, 1995, no person who or
a family or a joint family which has an assured annual income of not less than rupees 3two lakhs
from sources other than agricultural lands shall be entitled to acquire any land whether as land
owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and
partly in another.
(2) For purposes of sub-section (1)-
(i) the aggregate income of all the members of a family or a joint family from sources other than
agricultural land shall be deemed to be income of the family or joint family, as the case may be,
from such sources;
(ii) a person or a family or a joint family shall be deemed to have an assured annual income of
not less than rupees1two lakhs from sources other than agricultural land on any day if such
person or family or joint family had an average annual income of not less than rupees 1two lakhs
from such sources during a period of five consecutive years preceding such day.
(3) Every acquisition of land otherwise than by way of inheritance or bequest in contravention
of this section shall be null and void.
(4) Where a person acquires land in contravention of sub-section (1) or acquires it by bequest or
inheritence he shall, within ninety days from the date of acquisition, furnish to the Tahsildar
having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a
declaration containing the following particulars, namely:-
(i) particulars of all lands;
(ii) the average annual income of himself or the family;
(iii) such other particulars as may be prescribed.
(5) The Tahsildar shall, on receipt of the declaration under sub-section (4) and after such enquiry
as may be prescribed send a statement containing the prescribed particulars relating to such land
to the Deputy Commissioner who shall, by notification, declare that with effect from such date as
may be specified in the notification, such land shall stand transferred to and vest in the State
Government without further assurance free from all encumbrances. From the date specified in
such notification the Deputy Commissioner may take possession of such land in such manner as
may be prescribed.
(6) For the land vesting in the State Government under sub-section (5), where the acquisition of
the land was by bequest or inheritance, an amount as specified in section 72 shall be paid and
where the acquisition was otherwise than by bequest or inheritance, 1no amount shall be paid.

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79-B. Prohibition of holding agricultural land by certain persons.- (1) With effect on and
from the date of commencement of the Amendment Act, except as otherwise provided in this
Act,-
(a) no person other than a person cultivating land personally shall be entitled to hold land; and
(b) it shall not be lawful for,-
(i) an educational, religious or charitable institution or society or trust, other than an institution or
society or trust referred to in sub-section (7) of section 63, capable of holding property;
(ii) a company;
(iii) an association or other body of individuals not being a joint family, whether incorporated or
not; or
(iv) a co-operative society other than a co-operative farm, to hold any land.
(2) Every such institution, society, trust, company, association, body or co-operative society,-
(a) which holds lands on the date of commencement of the Amendment Act and which is
disentitled to hold lands under sub-section (1), shall, within ninety days from the said date,
furnish to the Tahsildar within whose jurisdiction the greater part of such land is situated a
declaration containing the particulars of such land and such other particulars as may prescribed;
and
(b) which acquires such land after the said date shall also furnish a similar declaration within the
prescribed period.
(3) The Tahsildar shall, on receipt of the declaration under sub-section (2) and after such enquiry
as may be prescribed, send a statement containing the prescribed particulars relating to such land
to the Deputy Commissioner who shall, by notification, declare that such land shall vest in the
State Government free from all encumbrances and take possession thereof in the prescribed
manner.
(4) In respect of the land vesting in the State Government under this section an amount as
specified in section 72 shall be paid.
Explanation.- For purposes of this section it shall be presumed that a land is held by an
institution, trust, company, association or body where it is held by an individual on its behalf.
Sec 79-C. Penalty for failure to furnish declaration.- (1) Where a person fails to furnish the
declaration under section 79A or section 79B or furnishes a declaration knowing or having
reason to believe it to be false, the Tahsildar shall issue a notice in the prescribed form to such
person to show cause within fifteen days from the date of service thereof why the penalty
specified in the notice, which may extend to five hundred rupees, may not be imposed upon such
person.

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(2) If the Tahsildar on considering the reply, if any, filed is satisfied that the person had failed to
furnish the declaration without reasonable cause or had filed it, knowing or having reason to
believe it to be false, he may, by order, impose the penalty and also require such person to
furnish within a period of one month from the date of the order a true and correct declaration
complete in all particulars.
(3) If the person fails to comply with such order, his right, title and interest in the land concerned
shall, as penalty, be forfeited to and vest in the State Government.1
Sec 80. Transfers to non-agriculturists barred.- 1(1)(a) No, gift or exchange or lease of any
land or interest therein, or
(b) no mortgage of any land or interest therein, in which the possession of the mortgaged
property is delivered to the mortgagee, shall be 2lawful in favour of a person,-
(i) who is not an agriculturist, or
(ii) who being an agriculturist holds as owner or tenant or partly as owner and partly as tenant
land which exceeds the limits specified in section 63 or 64; or
3
(iii) who is not an agricultural labourer; or
(iv) who is disentitled under section 79A or section 79B to acquire or hold any land:
Provided that the Assistant Commissioner having jurisdiction over the area or any officer not
below the rank of an Assistant Commissioner authorised by the State Government in this behalf
in respect of any area may grant permission for such sale, gift, or exchange, 3to enable a person
other than a person disentitled to acquire or hold land under section 79A or section 79B
who bona fide intend taking up agriculture to acquire land on such conditions as may be
prescribed in addition to the following conditions, namely:-
(i) that the transferee takes up agriculture within one year from the date of acquisition of land,
and
(ii) that if the transferee gives up agriculture within five years, the land shall vest in the State
Government subject to payment to him of an amount equal to eight times the net annual income
of the land or where the land has been purchased, the price paid for the land, if such price is less
than eight times the net annual income of the land.
1
(2) Nothing in sub-section (1) shall apply to lands granted under section 77.
Sec 81. Sections 79A, 79B, and 80 not to apply in certain cases.- (1) Nothing in section 79A
or section 79B or section 80 shall apply to,-
(a) the sale, gift or mortgage of any land or interest therein in favour of the Government: 2the
Karnataka State Road Transport Corporation constituted under the Road Transport Corporation
Act, 1950 (Central Act LXIV of 1950), the Karnataka Power Transmission Corporation Limited
constituted under the Companies Act, 1956 3the Karnataka Housing Board constituted under the
Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the Industrial Areas

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Development Board constituted under the Karnataka Industrial Areas Development Act, 1966
(Karnataka Act, 18 of 1966), the Karnataka Slum Clearance Board established under the
Karnataka Slum Areas (Improvement and Clearance) Act, 1973, (Karnataka Act 33 of 1974) the
Bangalore Development Authority constituted under the Bangalore Development Authority Act,
1976 (Karnataka Act 12 of 1976), a Nagarabhivruddhi Pradhikara constituted under the
Karnataka Nagarabhivruddhi Pradhikaragala Adhiniyama, 1987 (Karnataka Act 34 of 1987).
(b) the mortgage of any land or interest therein in favour of,-
(i) a co-operative society;
4
(ii) a financial institution;
(vi) any company as defined in section 3 of the Companies Act, 1956 (Central Act 1 of 1956) in
which not less than fifty-one per cent of the paid up share capital is held by the State
Government 6or the Central Government or both;
(vii) any corporation, not being a company as defined in section 3 of the Companies Act, 1956
(Central Act 1 of 1956) established or constituted by the State Government 6or the Central
Government or both;
(viii) the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942),
as security for any loan or other facility given by such society, bank, company, corporation or
Board for agricultural purposes.
(c) the sale of any land or interest therein referred to in clause (b) in enforcement of the said
security;
(d) the sale of any land in favour of a sugar factory for purposes of research of seed farm or sale
in favour of the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942).
(2) The institutions referred to in clause (b) of sub-section (1) acquiring land or interest therein
shall dispose of the same by sale, within the prescribed period:
Provided that pending such sale the land may be leased for a period not exceeding one year at a
time and the lease shall stand determined when the land is sold or on the expiry of one year,
whichever is earlier and notwithstanding anything to the contrary in this Act or in any other law
for the time being in force the lessee shall not be entitled to any right other than as such lessee in
the land.
(3) Any sale by the institution under this section shall be subject to the other provisions of this
Act.1
Sec 181-A. Declaration to be made before the registering authority in certain cases .- (1) No
document relating to any transfer of land either by sale, gift, exchange, lease, 2mortgage with
possession surrender, agreement, settlement, or otherwise, shall be registered unless a declaration
in writing is made in duplicate in such form as may be prescribed and filed by the transferee

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before the registering authority under the Indian Registration Act, 1908 (Central Act XVI of
1908), as to the total extent of 3land held by him as also his assured annual income.
(2) The registering authority referred to in sub-section (1) shall forward within such time and in
such manner as may be prescribed, one copy of the declaration referred to in sub-section (1), to
the prescribed officer, within whose jurisdiction the land which is the subject matter of the
transfer or the major part thereof is situated.
(3) On receipt of the copy of the declaration under sub-section (2), the prescribed officer may
obtain such information as may be necessary and take such action as he deems fit in accordance
with the provisions of this Act, and in accordance with such rules as may be made in this behalf.1
Sec 82. Reporting of illegal transactions.- Every village officer and every officer of the
Revenue, Registration and Land Records Departments shall report to the 1 prescribed authority, 2,
every transaction in respect of any land in contravention of any of the provisions of this Act, 3as
they stood before and as they stand after the date of commencement of the Amendment Act
which comes to the notice of such officer.
Sec 83. Inquiry regarding illegal transactions.- The prescribed authority shall, after a
summary inquiry, determine whether the transaction reported to it under section 82 or coming to
its notice in any other manner is in contravention of 1or is unlawful or invalid under the
provisions of this Act, 2as they stood before or as they stand after the date of commencement of
the Amendment Act and make a declaration accordingly. Any transaction so declared to be in
contravention of 1or is unlawful or invalid under any of the provisions of this Act, 2as they stood
before or as they stand after the date of commencement of the Amendment Act shall be null and
void. 2The land in respect of which such transaction has taken place shall, as penalty, be forfeited
to and vest in the State Government 3free from all encumbrances. No amount is payable therefor

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