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KARNATAKA PREVENTION OF FRAGMENTATION AND

CONSOLIDATION OF HOLDINGS ACT, 1966
1 of 1967
[2nd February, 1967]
CONTENTS

CHAPTER 1 :- CHAPTER
1. Short Title, extent and commencement
2. Definitions
CHAPTER 2 :- Determination of Standard Area and Treatment of
Fragments
3. Determination of standard area
4. Entry in the Record of Rights
5. Sale, Lease, etc
6. Fragmentation prohibited
7. Fragment not to be sold in Court sale or created by such sale
8. Restriction on partition of land
9. Sections 5 and 6 not to apply to certain transfers
CHAPTER 3 :- Procedure for Consolidation
1 0 . Government may, of its own accord or on an application,
declareits intention to make scheme for consolidation of holdings
11. Preparation of the Scheme and the Provisions to be followed in
such preparation
12. Schemes to Provide for compensation
1 3 . Amalgamation of public roads, etc., within the scheme for
consolidation
14. Lands Reserved for public purposes
15. Publication of draft scheme and of amended draft scheme
16. Confirmation of draft scheme or amended draft scheme
17. Enforcement of scheme
18. Coming into force of scheme
19. Rights transferable notwithstanding any Law
20. Certificate of transfer
21. Assessment and recovery of cost
22. Recovery of compensation or costs
CHAPTER 4 :- E f f e c t of Consolidation Proceedings and of
Consolidation of Holdings
2 3 . Exercise by Consolidation Officer and Assistant Consolidation
Officer of powers under certain Acts
2 4 . Restrictions on certain proceedings and transfers during the
continuance of consolidation proceedings
25. Rights in holdings
26. Encumbrances
27. Apportionment of compensation or net value in case of dispute
28. Correction of clerical and arithmetical mistakes in a Scheme
29. Power to vary scheme on the ground of error, irregularity or
informality
30. Power to vary or revoke scheme at any time
CHAPTER 5 :- Other Powers of Consolidation Officers
31. Power of Officers to enter upon land for purposes of survey and
demarcation
32. Penalty for destruction, injury or removal of survey marks
33. Report of destruction or removal or injury to survey mark
3 4 . Power of Consolidation Officer and Assistant Consolidati on
Officer to summon persons
35. Control
CHAPTER 6 :- General
36. Appointment of Officers and Staff and delegation of powers
37. Power of State Government to call for proceedings
37A. Power of State Government to exclude the application of the
Act
38. Appeal and revision barred save as provided in Act
39. Penalty for transfer or partition contrary to Act
4 0 . Validation of certain transfers, partitions and sub-divisions
made before the Commencement of this Act
41. Indemnity
42. Bar pf Jurisdiction
43. Suits in Favour of Issues Required to be Decided Under this Act
44. Rules
45. Removal of difficulties
46. Rules and notification to be laid before the State Legislature
47. Repeal
48. Amendment of Karnataka Act 10 of 1962
SCHEDULE 1 :- SCHEDULE
KARNATAKA PREVENTION OF FRAGMENTATION AND
CONSOLIDATION OF HOLDINGS ACT, 1966
1 of 1967
[2nd February, 1967]
An Act to provide for the prevention of fragmentation of agricultural
holdings and for their consolidation. Whereas, it is expedient to
prevent the fragmentation and to provide for the consolidation of
agricultural holdings for the purpose of better cultivation thereof;
Be it enacted by the Karnataka State Legislature in the
Seventeenth Year of the Republic of India as follows.
CHAPTER 1
CHAPTER

1. Short Title, extent and commencement :-

(1) This Act may be called the Karnataka Prevention of
Fragmentation and Consolidation of Holdings Act, 1966.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such date as the State Government
may by notification appoint.
2. Definitions :-
In this Act, unless the context otherwise requires.
(a) "Agricultural Year" means the year commencing on the First day
of April;
(b) "Assistant Consolidation Officer" means an Officer appointed as
such to perform the functions of the Assistant Consolidation Officer
under this Act;
(c) "Commissioner" means the Officer appointed by State
Government to perform the functions of the Commissioner under
this Act;
(d) "Consolidation of Holdings" means the amalgamation and,
where necessary, for such amalgamation, the redistribution of
holdings or portions of holdings in any village, or in any taluk or
part thereof, so as to reduce the number of holdings;
(e) "Consolidation Officer" means an Officer appointed as such and
includes any Gazetted Officer authorised by the State Government
to perform all or any of the functions of the Consolidation Officer
under this Act;
(f) "Co-operative Society" means a co-operative society registered
or deemed to be registered under the Karnataka Co-operative
Societies Act, 1959;
(g) "Fragment" means a holding of land of less extent than the
appropriate standard area determined under Section 3:
Provided that no holding shall be deemed to be fragment by reason
of any diminution in its area by diluvian;
1 [Explanation. For the purpose of this clause, where a person
holds different parcels of lands each such parcel of land assessed
separately for land revenue shall be deemed to be a holding.]
(h) "Land" means agricultural land, whether alienated or
unalienated;
(i) "Notification" means a notification published in the Official
Gazette;
(j) "Owner" means, the occupant or a person who has permanent
and heritable rights of possession of land, and when such land has
been mortgaged, "owner" means the mortgagor; in the case of
alienated land, "owner" means the superior holder.
(k) "Panchayat" means a Village Panchayat or a Town Panchayat,
and in respect of any village for which there is no Village Panchayat
or Town Panchayat, a Committee of representatives of persons
interested in the lands of the village constituted by the
Consolidation Officer in such manner as may be prescribed;
(l) "Prescribed" means prescribed by rules made under this Act;
(m) "Standard Area" means the area determined in accordance with
the provisions of Section 3;
(n) words and expressions used in this Act but not defined therein
shall have the meaning assigned to them in the Karnataka Land
Revenue Act, 1964.
1. Explanation inserted by Act No. 15 of 1979, w.e.f. 24-2- 1979.
CHAPTER 2
Determination of Standard Area and Treatment of Fragments

3. Determination of standard area :-

For the purpose of this Act, standard area means the area specified
in column (3) of the Schedule to this Act, in respect of the class of
land specified in the corresponding entry of column (2) of the said
Schedule: 1 [x x x x x.]
1. Heading and sub-section (1) substituted by Act No. 15 of 1979,
w.e.f. 24-2-1979.
4. Entry in the Record of Rights :-
(1) As soon as may be after the commencement of this Act, all
fragments in a village shall be entered as such in the Record of
Rights, or where there is no Record of Rights, in such village record
as the State Government may prescribe.
(2) Notice of every entry made under sub-section (1) shall be given
in the manner prescribed for the giving of notice under Chapter XI
of the Karnataka Land Revenue Act, 1964 (Kamataka Act 12 of
1964), of an entry in the Register of Mutations.
5. Sale, Lease, etc :-
(1)
(a) No person shall sell any fragment in respect of which a notice
has been given under sub-section (2) of Section 4, except in
accordance with the provisions of clause (b).
[(b) Subject to the provisions of Sections 39 and 80 of the
Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962),
whenever a fragment is proposed to be sold, the owner thereof
shall sell it to the owner of a contiguous survey number or
recognised sub-division of a survey number (hereinafter referred to
as the contiguous owner). Is the fragment cannot be so sold to the
contiguous owner, for any reason, the owner- of the fragment shall
intimate in the prescribed form, the reasons therefore along with an
affidavit in support thereof to the Tahsildar and also send copies of
such intimation and affidavit to the Sub- registrar, in the prescribed
manner and may thereafter sell such fragment to any other
person.]
(2) Notwithstanding anything contained in any law for the time
being in force or in any instrument or agreement, no such fragment
shall be leased to any person other than a person cultivating any
land, which is contiguous to the fragment.
(3) No such fragment shall be sub-divided or partitioned.
6. Fragmentation prohibited :-
No land in any area shall be transferred or partitioned or sub-
divided so as to create a fragment.
7. Fragment not to be sold in Court sale or created by such
sale :-
Notwithstanding anything contained in any law for the time being
in force.
(a) no fragment, in respect of which a notice has been given under
sub-section (2) of Section 4, shall be sold at any sale held under
the orders of any Court except after notice to the owners of
contiguous survey numbers of recognised sub-divisions of survey
numbers; and
(b) no land shall be sold at such sale so as to leave a fragment.
8. Restriction on partition of land :-
(1) Where, by decree, succession or otherwise two or more persons
are entitled to shares in an un-divided agricultural land, and the
land has to be partitioned among them, such partition shall be
effected so as not to create a fragment. Where such partition has to
be effected otherwise than through of Court, the Deputy
Commissioner shall on the application any person entitled to a
share in undivided agricultural land, effect such partition.
(2) Where such partition is made by the Court or the Deputy
Commissioner, the following procedure shall be adopted.
(a) if, in effecting a partition of property among several co-sharers,
it is found that a co-sharer is entitled to a specific share in the land
and cannot be given that share without creating a fragment, he
shall be compensated in money for that share. The amount of
compensation shall be determined so far as practicable in
accordance with the provisions of Section 23 of the Land Acquisition
Act, 1894;
(b) if, in effecting a partition, it is found that there is not enough
land for the shares of all the co-sharers in accordance with the
provisions of sub-section (1), the co-sharers may agree among
themselves as to the particular co-sharer or co-sharers who should
get share of the land and which of them should be compensated in
money. In the absence of any such agreement the co-sharers to
whom a share of land can be provided and those to whom money
compensation should be given shall be chosen by lot in the manner
prescribed;
(c) the compensation shall be payable by each co-sharer in
proportion to the excess value of land he gets over the share of
land legally due to him and such co-sharer shall deposit the
proportionate amount of compensation in the manner prescribed
before such time as the Court or the Deputy Commissioner may
determine. On his failure to do so, his share shall be allotted to any
other co-sharer to whom land has not been previously allotted and
who is chosen in the manner provided in clause (b) subject to the
payment of similar compensation to the co-sharers not getting
shares of land;
(d) if none of the co-sharers to whom land has been allotted under
clause (c) pays the compensation and takes the share, the share
shall be sold in public auction to the highest bidder, and the
purchase money shall be paid to the co-sharers not getting land in
proportion to their respective shares;
(e) where the parries agree upon any other method of partition
which will not result in the creation of a fragment, that method
shall be followed in effecting partition.
(3) Where a partition is effected in execution of a decree all
questions relating to the partition of the land and apportionment of
compensation shall be decided by the Court executing the decree or
by the Deputy Commissioner effecting the partition, as the case
may be, in accordance with the provisions of sub-section (2).
9. Sections 5 and 6 not to apply to certain transfers :-
1

(1) Nothing in Sections 5 and 6 shall apply to transfer of any land.

(i) to or by the Karnataka Bhoodan Yagna Board established under
the Karnataka Bhoodan Yagna Act, 1963 (Karnataka Act 35 of
1963); or
(ii) for such public purpose as may be specified by notification in
this behalf by the State Government.]
(2) Notwithstanding anything contained in Sections 5 and 6 but
subject to such conditions as may be prescribed, the Deputy
Commissioner may permit the transfer of any land for a bona fide
non agricultural purpose.
1. Heading and sub-section (1) substituted by Act No. 15 of 1979,
w.e.f. 24-2-1979.
CHAPTER 3
Procedure for Consolidation

10. Government may, of its own accord or on an

application, declareits intention to make scheme for
consolidation of holdings :-
With the object of consolidating holdings in any village or taluk or
any part thereof for the purpose of better cultivation of lands
therein, the State Government may, of its own motion or on an
application made in that behalf, declare by a notification and by a
publication in the prescribed manner in the village or villages
concerned its intention to make a scheme for the consolidation of
holdings in such village or villages or any part thereof, as may be
specified. On such publication in the village concerned, the
Assistant Consolidation Officer, shall proceed to prepare a scheme
for the consolidation of holdings in such village or villages or part
thereof, as the case may be, in the manner hereinafter provided.
11. Preparation of the Scheme and the Provisions to be
followed in such preparation :-
(1)
(a) The Assistant Consolidation Officer shall, after giving notice in
the prescribed manner to the land owners concerned and the
Panchayat, visit each of the concerned villages and shall proceed to
prepare a scheme for the consolidation of holdings.
(b) A holding which is burdened with a lease, or save as provided in
clause (e) of sub-section (2) a holding which is not less than a
standard area, shall not be included in a scheme of consolidation of
holdings under this Act.
(2) For the purpose of preparing the scheme, the following
provisions shall be complied with, namely.
(a) The Assistant Consolidation Officer shall first get the record of
rights and the village map corrected up-to-date;
(b) He shall then prepare a statement of holdings of less than a
standard area which in his opinion are likely to be affected by the
scheme of consolidation of holdings, containing the names of the
owners, survey numbers, sub-division numbers, the classes of land,
tenures, areas, assessments and such other particulars as may be
prescribed.
(c) He shall then prepare a preliminary statement of the estimated
market value of each of the holdings referred in clause (b), and a
copy of the said statements shall be sent to the Panchayat for
furnishing its views thereon within such period not being less than
thirty days as may be specified by the Assistant Consolidation
Officer. The owners of such holdings shall also be given an
opportunity to file their objections, if any, to the estimated market
value within the specified period. If the Panchayat approves the
statement, or within the specified period, the Panchayat does not
furnish its views and the owners do not file the objections, the
Assistant Consolidation Officer shall proceed to prepare the draft
scheme on the basis of the estimated market value. If the
Panchayat does not agree with the estimated market value of any
holding or any owner objects to such estimated value, the Assistant
Consolidation Officer shall refer the matter to the Consolidation
Officer. On receipt of such a reference, the Consolidation Officer
shall, after giving an opportunity of being heard to the Panchayat
or the owner concerned, determine the estimated market value of
the holding concerned and his decision thereon shall be final, and
the Assistant Consolidation Officer shall proceed to prepare the
draft scheme accordingly.
(d) If, for the purpose of consolidation, the Assistant Consolidation
Officer finds it necessary to partition any holding included in the
statement under clause (b), he shall be entitled to do so, and if for
doing so he finds it necessary to resurvey such land, he shall be
entitled to do the resurvey also of such land.
(e) The Assistant Consolidation Officer may, where it is found
practicable, amalgamate a contiguous fragment with any holding
irrespective of the extent of its area, and he may also consolidate,
with the mutual consent in writing of the respective owners of the
holdings any holidings irrespective of the extent of the areas of
such holdings, by way of exchange or otherwise.
(f) A scheme for the consolidation of holdings shall contain the
following statements, records and maps, namely.
(i) A map of the village showing all the existing survey numbers
and their sub-divisions, recognised roads, cart tracks, foot paths
and areas assigned for public purposes;
(ii) another village map which shall be a copy of the one mentioned
in sub-clause (i) but showing clearly how the original position of
existing survey numbers, their sub-divisions, recognised roads, cart
tracks, foot-paths and areas assigned or specified for public
purposes will be altered after the consolidation scheme becomes
operative;
(iii) a statement showing the names of the owners of holdings
which have been affected by the scheme of consolidation with
particulars of survey numbers, sub-division numbers, classes of
land, tenures, areas, assessments and such other prescribed
particulars as they existed before the preparation of the scheme;
(iv) a statement showing the names of the owners of the holdings
which have been affected by the scheme, with all the particulars as
stated in sub-clause (iii), as they will exist after the preparation of
the scheme;
(v) a statement showing the compensation to be given to or
recovered from the owners; and
(vi) such other statements, records and particulars as may be
prescribed.
(g) where, for the purpose of consolidation of holdings, contiguous
holdings have to be amalgamated, such procedure as may be
prescribed shall be followed for such amalgamation, and on such
amalgamation, the two or more holdings so amalgamated shall be
assigned a single entry in the land records, which shall be the first
number in a series of amalgamated numbers.
(3) In preparing the scheme, the Assistant Consolidation Officer
shall follow the procedure which the State Government may
prescribe in regard to the manner of classification of lands on the
basis of the actual use, the allotment of new holdings to the
owners, and such other matters as may be prescribed.
(4)
(a) After preparing a draft scheme in accordance with the
provisions of sub-sections (2) and (3), the Assistant Consolidation
Officer shall send a copy thereof to the Panchayat for furnishing its
views thereon within such period not being less than thirty days as
he may specify.
(b) If the Panchayat suggests any amendments to the scheme
within the specified period, the Assistant Consolidation Officer shall
con- sider such suggestions and make such amendments to the
scheme as he deems fit, and forward it to the Consolidation Officer;
(c) If the Panchayat approves the scheme or does not furnish its
views within the specified period, the Assistant Consolidation Officer
shall forward the scheme to the Consolidation Officer without
making any amendments therein.
(5) Notwithstanding anything contained in the Karnataka Village
Panchayats and Local Boards Act, 1959 (Karnataka Act 10 of 1959).
(a) the views of a Panchayat under sub-section (2) or sub-section
(4) shall be expressed by resolution passed at a meeting of the
Panchayat;
(b) no business relating to the matter in which the views of the
Panchayat are requested under sub-section (2) or sub-section (4)
shall be transacted at any meeting of the Panchayat unless the
Assistant Consolidation Officer is informed of the intention to
transact such business there and of the motions or propositions, if
any, to be brought forward concerning such business;
(c) the Assistant Consolidation Officer shall be entitled to be
present at a meeting of the Panchayat referred to in clause (b) and
to take part at such meeting in the discussion or consideration of
the matter in respect of which the views of the Panchayat are
requested:
Provided that the Assistant Consolidation Officer shall not be
entitled to vote upon any question considered by the Panchayat.
12. Schemes to Provide for compensation :-
(1) The scheme prepared by the Assistant Consolidation Officer
shall provide for the payment of compensation to any owner who is
allotted a holding of less market value than that of the original
holding and for recovery of compensation from any owner, who is
allotted a holding of greater market value than that of his original
holding.
(2) The amount of compensation shall be determined so far as
practicable in accordance with the provisions of sub-section (1) of
Section 23 of the Land Acquisition Act, 1894.
(3) When a holding of greater market value than that of his original
holding is allotted to an owner, the State Government may grant a
loan to him to the extent of the amount of compensation he has to
pay under sub-section (1), the loan being made repayable with
such interest and in such annual instalments as may be prescribed.
13. Amalgamation of public roads, etc., within the scheme
for consolidation :-
(1) Whenever in preparing a scheme for consolidation of holdings,
it appears to the Assistant Consolidation Officer that it is necessary
to amalgamate any road, street, lane or path with any holding in
the schemes, he shall make a declaration to that effect stating in
such declaration that it is proposed that the rights of the public as
well as of the State Government in or over the said road, street,
lane or path shall be extinguished or, as the case may be
transferred, to a new road, street lane or path, laid out in the
scheme of consolidation.
(2) The declaration in sub-section (1) shall be published in the
village concerned in the prescribed manner, along with the draft
scheme referred to in Section 15.
(3) Any member of the public, or any person having any interest or
right, in addition to the right of public highway in or over the said
road, street, lane, or path or having any other interest or right
which is likely to be adversely affected by the proposal may, within
thirty days after the publication of the declaration under sub-
section (1), state to the Assistant Consolidation Officer in writing
his objections to the proposal, the nature of such interest or right
and the manner in which it is likely to be adversely affected and
the amount and the particulars of his claim to compensation for
such interest or right:
Provided that no claim for compensation on account of the
extinction or diminution of the right of public highway over such
road, street, lane or path shall be entertained.
(4) The Assistant Consolidation Officer shall, after considering the
objections, if any, made to the proposal, submit it with such
amendments, if any, as he may consider necessary, to the
Commissioner, together with the objections received, his
recommendations thereon and a statement of the amounts of the
compensation, if any, which, in his opinion are payable, and of the
persons to whom such compensation is payable. The decision of the
Commissioner on the proposal and regarding the amount of
compensation and the persons by whom such compensation, if any,
is payable, shall be final.
14. Lands Reserved for public purposes :-
(1) Notwithstanding anything contained in any law for the time
being in force, it shall be lawful for the Assistant Consolidation
Officer to direct, that if in any area under consolidation, no land is
reserved for any public purpose including extension of the village
sites, or if the land so reserved is inadequate to assign other land
for such requirements, provided the State Government undertakes
to pay the compensation payable for such land.
(2) The amount of compensation under sub-section (1) shall of
determined so far as practicable in accordance with the provisions
be sub-section (1) of Section 23 of the Land Acquisition Act, 1894.
15. Publication of draft scheme and of amended draft
scheme :-
(1) When a scheme of consolidation is received from the Assistant
Consolidation Officer, the Consolidation Officer shall publish a draft
thereof in the prescribed manner in the village or villages
concerned and notice of such publication shall be given to the
owners likely to be affected by the scheme. Any person likely to be
affected by such scheme, may, within thirty days of the date of
s u c h publication, communicate in writing to the Consolidation
Officer any objections relating to the draft scheme.
(2) If any objections are received after giving an opportunity of
being heard to the objectors, and after considering such objections
the Consolidation Officer considers it necessary to amend the draft
scheme, he shall amend the draft scheme and publish the amended
draft scheme and give notice thereof to the owners as provided in
sub-section (1). Any person likely to be affected by such amended
draft scheme, may within thirty days of the date of such
publication, communicate in writing to the Consolidation Officer any
objections relating to the amended draft scheme.
(3)
(a) Where no objections are received to the draft scheme published
under sub-section (1) or to the amended draft scheme published
under sub-section (2) such draft scheme or amended draft scheme;
or
(b) Where objections are received to the said draft scheme or
amended draft scheme but after giving an opportunity of being
heard to the objectors, the Consolidation Officer does not consider
it necessary to amend the said draft scheme or amended draft
scheme, such draft scheme or amended draft scheme, together
with the objections and his remarks thereon; or
(c) Where objections are received to the said amended draft
scheme and after giving an opportunity of being heard to the
objectors and considering the objections, the Consolidation Officer
considers it necessary to amend further the amended draft scheme,
such amended draft scheme as further amended, together with the
objection, and his remarks thereon, shall be forwarded by the
Consolidation Officer to the Commissioner for confirmation.
16. Confirmation of draft scheme or amended draft scheme
:-
(1) If on receipt of a draft scheme or an amended draft scheme
under sub-section (3) of Section 15, the Commissioner, after
considering the objection, if any, and the remarks of the
Consolidation Officer thereon and after being otherwise satisfied
about the correctness of procedure followed by the Assistant
Consolidation Officer and the Consolidation Officer and the
allotment of holdings and compensation, approves of the draft
scheme or as the case may be, amended draft scheme, he shall
confirm it.
(2) If the Commissioner does not approve of the draft scheme or
the amended draft scheme forwarded by the Consolidation Officer
and considers it necessary to amend it, he shall further amend it
and publish it as amended in the prescribed manner in the village
of villages concerned and notice of such publication shall be given
to the owners likely to be affected by the scheme. Any person likely
to be affected by the draft scheme as so published may within
thirty days of the date of such publication, communicate his
objections in writing to the Commissioner.
(3) If no objections are received within the period specified in sub-
section (2), the Commissioner shall confirm the draft scheme as
published under that sub-section. If any objections are received
within the said period the Commissioner shall after giving an
opportunity of being heard to the objectors and considering the
objections, confirm the draft scheme as published under sub-
section (2) without any modifications therein or with such
modifications therein as he may consider necessary.
17. Enforcement of scheme :-
(1) Upon the confirmation of any scheme under Section 16, a
notification stating that the scheme has been confirmed shall be
published by the Commissioner in the Official Gazette and the
scheme as confirmed shall be published in the prescribed manner in
the village or villages concerned and notice of such publication shall
be given to the owners likely to be affected by the scheme.
(2) Within one year from the date of publication of the notification
in the Official Gazette under sub-section (1), the owners from
whom compensation is recoverable under the scheme shall deposit
the amount of compensation in the prescribed manner.
(3) The Assistant Consolidation Officer shall, from the
commencement of the agricultural year next following the date of
publication of the notification in the Official Gazette under sub-
section (1) and in the prescribed manner, put the owners in
possession of the holdings to which they are entitled under the
scheme and for doing so may, in the prescribed manner, evict any
person from any land which he is not entitled to occupy under the
scheme.
(4) If the Assistant Consolidation Officer, is satisfied that any
standing crops, trees, embankments or similar other improvements
which were not taken into consideration at the time of determining
the compensation payable by an owner or any holding under the
scheme are found on such holding at the time of putting the owner
i n possession of such holding, or that any such standing crops,
trees, embankments or similar other improvements which were,
taken into consideration at the time of determining the
compensation payable by an owner of any holding have ceased to
exist or are substantially damaged at the time of putting the owner
in possession of such holding, he shall by order determine in the
prescribed manner the additional compensation payable by the
owner or, as the case may be, the reduction to be made in the
compensation payable to the original owner of such holding. Where
additional compensation is to be paid, it shall be deposited in the
prescribed manner by the owner from whom it is recoverable,
within one year from the date of the order passed by the Assistant
Consolidation Officer determining the additional compensation.
(5) If the owner from whom the compensation is recoverable fails
to deposit it within the period specified in sub-section (2) or (4) or
within such further period not exceeding one year as may be
extended by the Consolidation Officer, it shall be recovered from
him as an arrear of land revenue.
(6) If an owner refuses to accept possession of the holding to which
he is entitled under the scheme, his rights in such holding may be
allotted in the prescribed manner by the Consolidation Officer to
any other person who pays the value of the holding, and in such
case the value realised after deducting the expense (hereinafter
called "the net value") shall be paid to the owner and any other
person having an interest in the holding.
(7) If no person is forthcoming to pay the value of the holding the
State Government may recover from the owner the compensation
recoverable from him under the scheme as an arrear of land
revenue or the State Government may itself purchase the holding
after paying the net value of the holding to the owner and any
other person having interest in the holding.
18. Coming into force of scheme :-
As soon as the persons entitled to possession of holdings in
accordance with a scheme of consolidation under this Act, have
entered into possession of the holdings, respectively, allotted to
them, the scheme shall be deemed to have come into force.
19. Rights transferable notwithstanding any Law :-
Notwithstanding anything contained in any law for the time being
in force, the rights of owners or other persons having interest,
shall, for the purpose of giving effect to any scheme of
consolidation affecting them, be transferable by exchange or
otherwise.
20. Certificate of transfer :-
(1) The Assistant Consolidation Officer shall grant to every owner to
whom a holding has been allotted for the purpose of a scheme of
consolidations and to every person to whom a holding is allotted
under sub-section (6) of Section 17, a certificate in the prescribed
form duly registered under the Indian Registration Act, 1908
(Central Act 16 of 1908), to the effect that the holding has been
transferred to him for the purpose of the scheme. The Assistant
Consolidation Officer may thereupon cause the record of rights to
be amended in respect of the holdings so transferred.
(2) Notwithstanding anything contained in any law for the time
being in force, no stamp duty or registration fee shall be payable in
respect of such certificate.
21. Assessment and recovery of cost :-
The cost of carrying out the scheme of consolidation shall be
assessed in the prescribed manner and recovered from the persons
whose holdings are affected thereby, in such proportion and at such
rates as may, from time to time, be determined by the State
Government.
22. Recovery of compensation or costs :-
Compensation under Section 12 or sub-section (2) of Section 2o or
costs under Section 21 or any other sums payable under this Act
shall along with interest at nine per cent per annum be recoverable
as arrears of land revenue.
CHAPTER 4
Effect of Consolidation Proceedings and of Consolidation of Holdings

23. Exercise by Consolidation Officer and Assistant

Consolidation Officer of powers under certain Acts :-
(1) During the continuance of the consolidation proceedings, the
Consolidation Officer shall exercise and discharge the functions of
the Assistant Commissioner, and the Assistant Consolidation Officer
shall exercise and discharge the functions of the Tahsildar, under
Chapter XI of the Karnataka Land Revenue Act, 1964; and no
Assistant Commissioner or Tahsildar shall take any proceedings
under the said Act in respect of a holding or land for which a notice
under sub-section (1) of Section 11 has been given.
(2) Where in respect of any holding an Assistant Consolidation
Officer proceeds to prepare a scheme under Section 11.
(a) all applications and proceedings including execution proceedings
pending before any Revenue Officer under the said Act in respect of
any holding or land for which a notice under sub-section (1) of
Section 11 has been given, shall be transferred to the Assistant
Consolidation Officer, and
(b) the Assistant Consolidation Officer shall, by proclamation, call
upon all persons who claim to be entitled to possession under the
said Act, of any holding for which a notice under sub-section (1) of
Section 11 has been given to make within the prescribed period, an
application to be put in possession of such holding; and any person
who fails to do so within the prescribed period shall, thereafter, be
debarred from making it:
Provided that nothing in this clause shall debar any person from
making, after the coming into force of the scheme of consolidation
under Section 18, any application in respect of any holding included
in the scheme, if such application could lie under the provision of
any law for the time being in force.
(3) The Assistant Consolidation Officer shall submit any order
passed by him under the said Act to the Deputy Commissioner for
confirmation, if an application in that behalf is made to him by any
party to a proceeding under this section within thirty days from the
date of the order.
24. Restrictions on certain proceedings and transfers during
the continuance of consolidation proceedings :-
(1) When an Assistant Consolidation Officer proceeds to prepare a
scheme under Section 11, during the continuance of the
consolidation proceedings.
(a) no proceedings in respect of any holding shall be commenced or
continued except with the permission in writing of the Assistant
Consolidation Officer.
(i) for realisation of the land revenue and other revenue demands
either by forfeiture, attachment or sale;
(ii) for execution of any award made under the Karnataka
Cooperative Societies Act, 1959;
(iii) for execution of any award under any law relating to relief of
agricultural debtors in force; or
(iv) for execution of any decree passed by a Civil Court;
(b) no person shall transfer any holding except with the permission
in writing of the Assistant Consolidation Officer.
(2) The Assistant Consolidation Officer shall grant the permission
referred to in sub-section (1) unless for reasons to be recorded in
writing he is satisfied that the proposed proceeding or transfer is
likely to defeat the scheme of consolidation.
(3) Any person aggrieved by an order of the Assistant Consolidation
Officer under sub-section (2), may, within thirty days from the date
of communication of such order, prefer an appeal to the
Consolidation Officer, and the order of the consolidation Officer on
such appeal shall be final.
25. Rights in holdings :-
Every owner to whom a holding is allotted for the purpose of the
scheme of consolidation shall have the same rights in such holding
as he had in his original holding:
Provided that nothing in this section shall apply to any person to
whom a holding has been allotted under the provisions of sub-
section (6) of Section 17.
26. Encumbrances :-
(1) If the holding of an owner included in a scheme of
consolidation, which has come into force under Section 18 is
burdened with a mortgage, debt or other encumbrance, other than
a lease, such mortgage, debt or other encumbrance shall be
transferred therefrom and attach itself to the holding allotted to
him in the scheme or to such part of it as the Assistant
Consolidation Officer may, subject to any rules made under Section
44, appoint, the mortgage creditor or other encumbrancer, as the
case may be, shall exercise his rights accordingly.
(2) If the holding to which a mortgage, debt or other encumbrance
is transferred under sub-section (1) is of less market value than the
original holding from which it is transferred, the mortgage, creditor
or other encumbrancer as the case may be, shall, subject to the
provisions of Section 27, be entitled to the payment of such
compensation by the owner of the holding, as the case may
require, as the Assistant Consolidation Officer may determine.
(3) Notwithstanding anything contained in Section 17, the Assistant
Consolidation Officer shall in the prescribed manner put any
mortgagee or encumbrancer entitled to possession, into possession
of the holding to which his mortgage or other encumbrance has
been transferred under sub-section (1).
27. Apportionment of compensation or net value in case of
dispute :-
Where there is a dispute in respect of the apportionment of.
(a) The amount of compensation determined under sub-section (2)
of Section 12 or sub-section (4) of Section 3 or sub-section (2) of
Section 14;
(b) the amount of additional compensatin or reduction in
compensation determined under sub-section 6 or the net value
realised or payable under sub-section (4) or (7) of Section 17;
(c) the total amount of compensation determined under sub-section
(2) of Section 26. The Assistant Consolidation Officer shall refer the
dispute to the decision of the Munsiff's Court and deposit the
amount of compensation or the net value, as the case may be, in
the Court, and thereupon the provisions of Sections 33, 53 and 54
of the Land Acquisition Act, 1894, shall, so far as may be apply.
28. Correction of clerical and arithmetical mistakes in a
Scheme :-
I f , after a scheme has come into force, it appears to the
Commissioner that the scheme is defective on account of any
clerical or arithmetical mistake or error arising therein from any
accidental slip or omission and he is satisfied that the correction of
such mistake or error would not vary the scheme in any material
particular, he may, by order in writing, correct such mistake or
error, and publish his order in the prescribed manner.
29. Power to vary scheme on the ground of error,
irregularity or informality :-
(1) If, after a scheme has been confirmed or has come into force, it
appears to the Commissioner that the scheme is defective on
account of error (other than that referred to in a Section 28),
irregularity or informality, and requires variation, the Commissioner
shall publish a draft of such variation in the prescribed manner. The
draft variation shall state every amendment proposed to be made
in the scheme.
(2) Within one month of the date of publication of the draft
variation, any person affected thereby may communicate in writing
any objection to such variation to the Commissioner.
(3) After receiving the objections under sub-section (2), the
Commissioner may, after making such enquiry, as he may think fit,
make the variation with or without modifications or may not make
any variation.
(4) If the scheme is varied under sub-section (3), a notification
stating that the scheme has been varied shall be published in the
Official Gazette and the scheme so varied shall be published in the
prescribed manner in the village or villages concerned.
(5) From the date of the notification stating that the scheme has
been varied, the variation shall take effect as if it were incorporated
in the scheme.
30. Power to vary or revoke scheme at any time :-
A scheme for the consolidation of holdings confirmed under this Act
1 [or under any of the Acts repealed by Section 47] may, at any
time, be varied or revoked by a subsequent scheme prepared,
published and confirmed in accordance with this Act.
1. Inserted by Act No. 15 of 1979, w.e.f. 24-2-1979.
CHAPTER 5
Other Powers of Consolidation Officers

31. Power of Officers to enter upon land for purposes of

survey and demarcation :-
Subject to the provisions of Section II the Consolidation Officer or
the Assistant Consolidation Officer and any person acting under his
orders, may in the discharge of any duty under this Act, enter upon
and survey land and erect survey marks thereon and demarcate the
boundaries thereof and do all other acts necessary for the proper
performance of that duty.
32. Penalty for destruction, injury or removal of survey
marks :-
If any person wilfully destroys or injures or without lawful authority
removes a survey mark lawfuly erected, he may be ordered by an
Assistant Consolidation Officer to pay fine not exceeding fifty
rupees for each mark destroyed, injured or removed, as may, in the
opinion of that officer, be necessary to defray the expenses of
restoring the same and of rewarding the person, if any, who gave
information of the destruction, injury or removal.
33. Report of destruction or removal or injury to survey
mark :-
Every village officer shall be legally bound to furnish an Assistant
Consolidation Officer with information respecting the destruction or
removal of, or an injury done to, any survey mark lawfully erected
in the village.
34. Power of Consolidation Officer and Assistant Consolidati
on Officer to summon persons :-
(1) A Consolidation Officer or an Assistant Consolidation Officer may
summon any person whose attendance he considers necessary for
the purpose of any business before him under this Act.
(2) A person so summoned shall be bounded to appear at the time
and place mentioned in the summons in person or if the summons
so allows, by his recognised agent or legal practitioner.
(3) The person attending in obedience to the summons shall be
bound to state the truth upon any matter respecting which he is
examined or make statements and to produce such documents and
other things relating to any such matter as the Consolidation Officer
or the Assistant Consolidation Officer may require for purposes of
this Act.
(4) The Consolidation Officer and the Assistant Consolidation Officer
shall for purposes of this section have the power of a Court under
Section 32 and Order XVI of the First Schedule to the Code of Civil
Procedure, 1908 (Central Act 5 of 1908).
35. Control :-
(1) Subject to the control of the State Government, the
Commissioper.
(a) shall exercise such powers and shall perform such duties and
functions as are conferred upon the Commissioner, by or under
provisions of this Act; and
(b) shall superintend the administration and carry out generally the
provisions of this Act.
(2) Subject to the control of the State Government and the
Commissioner.
(a) a Consolidation Officer shall perform such duties and functions
as are conferred upon the Consolidation Officer by or under the
provisions of this Act; and
(b) shall exercise general supervision over the duties and functions
of Assistant Consolidation Officers.
CHAPTER 6
General

36. Appointment of Officers and Staff and delegation of

powers :-
(1) The State Government may, by notification, delegate any of its
powers or functions under this Act to any of its Officers.
(2) The State Government may, by notification, invest the Deputy
Commissioner with all or any of the powers of the Commissioner
under this Act.
(3) The Consolidation Officer may, with the sanction of the State
Government, delegate any of his powers or functions under this Act
to any other Officer of the State Government.
37. Power of State Government to call for proceedings :-
The State Government may, at any time, for the purpose of
satisfying itself as to the legality or propriety of any order passed
by any Officer under this Act, call for and examine the record of
any case pending before or disposed of by such Officer and may
pass such order in reference thereto as it thinks fit:
Provided that no order shall be varied or revised until the parties
interested have been given a reasonable opportunity of showing
cause against the proposed variation or revision of the order.
37A. Power of State Government to exclude the application
of the Act :-
1Notwithstanding anything contained in this Act, the State
Government may, by notification, direct that any of the provisions
of this Act shall not apply to such areas 2 [from such date and for
such period, if any] as may be specified in the notification.]
1. Proviso substituted by Act No. 15 of 1979, w.e.f. 24-2-1979.
2. Schedule substituted by Act No. 15 of 1979, w.e.f. 24-2-1979.
38. Appeal and revision barred save as provided in Act :-
Except as provided in this Act, no appeal or revision application
shall lie from any order passed under this Act.
39. Penalty for transfer or partition contrary to Act :-
(1) The transfer or partition of any land contrary to the provisions
of this Act shall be void.
(2) The owner of any land so transferred or partitioned shall be
liable to pay such fine not exceeding two hundred and fifty rupees
as the Deputy Commissioner may, subject to the general orders of
the State Government direct. Such fine shall be recoverable as
arrears of land revenue.
(3) Any person unauthorisedly occupying or wrongfully in
possession of any land, the transfer or partition of which is void
under the provisions of this Act, may be summarily evicted by the
Deputy Commissioner, and after such eviction such land shall be
deemed to be in the possession of the person lawfully entitled to
such possession.
40. Validation of certain transfers, partitions and sub-
divisions made before the Commencement of this Act :-
The transfers of partitions or sub-divisions of any land in
contravention of the provisions of the Bombay Prevention of
Fragmentation and Consolidation of Holdings Act, 1947 (Bombay
Act 62 of 1947) made before the date of commencement of this Act
shall, notwithstanding the provisions of Section 9 or of Section 31
of the said Bombay Act, not be deemed void merely on the ground
of the contravention of any of the provisions of the said Bombay
Act, if the person in possession of the land at the aforesaid date by
virtue of any transfers or partitions or sub-divisions or purported
transfers or partitions or sub-divisions, pays to the State
Government within the prescribed period a penalty equal to one per
cent of the consideration of the land transferred, partitioned or sub-
divided, or one hundred rupees, whichever is less:
Provided that, if such transfer is made in favour of a tenant in
actual possession of the land transferred or of a person in actual
possession of a contiguous holding the penalty payable in respect
thereof shall be one rupee.
41. Indemnity :-
No suit or other legal proceeding shall lie against any person in
respect of anything which is in good faith done or intended to be
done under this Act.
42. Bar pf Jurisdiction :-
(1) No Civil Court shall have jurisdiction to settle, decide or deal
with any question which is by or under this Act required to be
settled, decided or dealt with by the State Government or any
Officer or authority.
(2) No order of the State Government or any such officer or
authority made under this Act shall be called in question in any
Civil or Criminal Court.
43. Suits in Favour of Issues Required to be Decided Under
this Act :-
(1) If any suit instituted in any Civil Court involves any issues
which are required to be settled, decided or dealt with by any
authority competent to settle, decide or deal with such issues under
this Act (hereinafter referred to as "Competent Authority"), the Civil
Court shall stay such suit and refer such issues to such Competent
Authority for determination.
(2) On receipt of such reference from the Civil Court; the
Competent Authority shall deal with and decide such issues in
accordance with the provisions of this Act and shall communicate its
decisions to the Civil Court and such Court shall thereupon dispose
of the suit in accordance with the procedure applicable thereto.
44. Rules :-
The State Government may, after Previous publication, by
notification, make rules for carrying out the purpose of the Act.
45. Removal of difficulties :-
(1) If any difficulty arises in giving effect to the provisions of this
Act, in consequence of the transition to the said provisions from the
provisions of the Acts in force immediately before the
commencement of this Act, the State Government may by
notification make such provisions as appear to it to be necessary or
expedient for removing the difficulty.
(2) If any difficulty arises in giving effect to the provisions of this
Act otherwise than in relation to the transition from the provisions
of the Acts in force before the commencement of this Act, the State
Government may, by notification, make such provisions, not
inconsistent with the purpose of this Act, as appear to it to be
necessary or expedient for removing the difficulty.
46. Rules and notification to be laid before the State
Legislature :-
Every rule made under Section 44 and every notification issued
under Section 45, shall be laid as soon as may be after it is made
or issued before each House of the State Legislature while it is in
session for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before
the expiry of the session in which it is so laid or the sessions
immediately following, both Houses agree in making any
modification in the rule or notification or both Houses agree that
the rule or notification should not be made, the rule or notification
shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so however that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that rule or notification.
47. Repeal :-
The Bombay Prevention of Fragmentation and Consolidation of
Holdings Act, 1947 (Bombay Act LXII of 1947), as inforce in the
Bombay Area and the Hyderabad Prevention of Fragmentation and
Consolidation of Holdings Act, 1956 (Hyderabad Act XLVI of 1956),
as in force in the Hyderabad Area, are hereby, repealed:
1 [Provided that Sections 6 and 24 of the Karnataka General
Clauses Act, 1899 (Karnataka Act 3 of 1899) shall be applicable in
respect of such repeal.]
1. Proviso substituted by Act No. 15 of 1979, w.e.f. 24-2-1979.
48. Amendment of Karnataka Act 10 of 1962 :-
In sub-section (A) of Section 2 of the Karnataka Land Reforms Act,
1961, for clause (14), the following clause shall be substituted,
namely. "(14) "fragment" means a fragment as defined in the
Karnataka Prevention of Fragmentation and Consolidation of
Holdings Act, 1966;"
SCHEDULE 1
SCHEDULE

SCHEDULE
(See Section 3)
SI. No. Class of lands Area
(1) (2) (3)
1. A Class One-half acre.
2. B Class Three-fourth acre.
3. C Class One and one-fourth acre.
4. D Class Two and seven-tenth acres