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Karnataka Land Reforms Act

Q: How does the Karnataka Land Reforms Act facilitate the use of legal appeals within its framework, and what implications does this have for the judicial process regarding land disputes?

The Karnataka Land Reforms Act facilitates legal appeals by establishing an appellate authority known as the Land Reforms Appellate Authority . Section 116A of the Act provides for the creation of this appellate body, which serves to address grievances and oversee the decisions made by lower courts or tribunals within the framework of the Act . The inclusion of an appellate mechanism implies a structured judicial process for land dispute resolution, allowing for higher scrutiny of decisions made by the Land Reform Tribunals. This provision enhances the fairness and thoroughness of adjudication, ensuring that parties in land disputes have the opportunity for appeals, thus increasing the accessibility of justice within the land reforms' framework .

Q: How does the Karnataka Land Reforms Act address the cultivation or non-cultivation of land by evicted tenant successors, and what are the potential consequences?

The Karnataka Land Reforms Act addresses the cultivation of land by successors of evicted tenants under certain provisions and amendments, notably through Section 77-A. If a person was in actual possession and cultivation of any land before March 1, 1974, which vested in the State Government, and has failed to apply for occupancy rights but continues to possess and cultivate the land, the Deputy Commissioner or Special Deputy Commissioner may grant such land to the person, subject to specific conditions . If an evicted tenant or successor fails to cultivate the land, the authorities can intervene, leading potentially to eviction and a fine . The Karnataka Land Reforms Act thus seeks to ensure continuous agricultural activity while providing measures for compliance and enforcement.

Q: What legal provisions are in place for the attachment and sale of a landowner's interest in land in Karnataka for loan defaults, and how do these provisions impact the landowners?

In Karnataka, when a landowner defaults on a loan, the recovery process can include the attachment and sale of land. The financial institutions involved, such as banks and credit agencies, may recover debts as arrears of land revenue, making these amounts a first charge on the land . Land held can be mortgaged or sold, even in the case of arrears, to satisfy outstanding debts . This legal provision underscores the risk to landowners as their property can be directly targeted for debt recovery, potentially leading to loss of land if debts are unsettled. Moreover, the attachment and potential sale of land are facilitated by laws which exempt these transactions, when done for loan recovery, from certain restrictions on land transactions . However, these actions can lead to loss of ownership and impact the financial stability of the landowners.

Q: In what ways does the Karnataka Land Reforms Act stipulate limitations on land transactions by occupants, and what objectives might these regulations serve?

The Act prohibits transferring land by sale, gift, mortgage, lease, or assignment for a specified period following registration as an occupant . This restriction aims to prevent the fragmentation of agricultural land and maintain its intended use, promoting agricultural stability and preventing speculative transfers .

Q: What mechanisms does the Karnataka Land Reforms Act provide for handling tenant rights in the absence of the original tenant, and what implications do these have for heirs of the tenant?

The Karnataka Land Reforms Act provides specific mechanisms for handling tenant rights in the absence of the original tenant. If a landlord has evicted a tenant based on proceedings precluded by the act, the landlord must restore possession to the tenant, and failure to do so allows the Tahsildar to summarily evict the landlord from the land and return it to the tenant. This ensures the continuity of tenant rights even if the original tenant is absent, protecting successors and heirs by maintaining the tenancy on the same terms as before the eviction . Furthermore, tenant eviction is governed strictly by certain conditions such as non-payment of rent for two consecutive years, damage to the land, or failure to cultivate . These provisions collectively imply that the rights of heirs are protected by ensuring that the tenancy is restored and maintained under the same conditions that were applicable to the original tenant, thereby safeguarding their inheritance rights in the land tenancy ."}

Q: What revisions were introduced by the Karnataka Land Reforms (Amendment) Act, 2003 regarding land allotment criteria, and how do these amendments respond to changing economic conditions?

The Karnataka Land Reforms (Amendment) Act, 2003 introduced revisions to the criteria for land allotment by modifying Section 77 of the Karnataka Land Reforms Act, 1961. The amendment changed the income limits for individuals eligible for land grants, setting a gross annual income ceiling of Rs. 20,000 for landless persons or any person residing in villages within the same Panchayat area, and Rs. 22,000 for ex-military personnel . This reflects a response to socio-economic changes by considering inflation and the economic status of different groups, ensuring that land reform objectives align with contemporary economic conditions .

The Karnataka Land Reforms Act, 1974 establishes a framework for land reforms in Karnataka, focusing on tenant rights, land ownership, and the regulation of agricultural land. It includes provisions for tenancy, ownership conferment, land ceilings, and the management of uncultivated land, while also outlining penalties for non-compliance. The Act aims to create equitable agrarian relations and improve the livelihoods of agricultural laborers and tenants.

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Karnataka Land Reforms Act

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You are on page 1/ 169

THE KARNATAKA LAND REFORMS ACT, 1974

TABLE OF CONTENTS

CHAPTER I
Preliminary

1. Short title, extent and commencement

2. Definitions

CHAPTER II
General Provisions Regarding Tenancies
3. Extension of Transfer of Property Act to agricultural land in
Gulbarga Area and application of Chapter V of that Act to
tenancies and leases.
4. Persons to be deemed tenants.
5. Prohibition of leases, etc.
6. Tenancy not to be terminated by efflux of time.
7. Restoration of possession to tenants disposed in certain
circumstances.
8. Rent
9. Rent when deemed as paid and dispute regarding rent payable.
10. Rights and liabilities of landlord
10.A Liability to pay land revenue etc.
11. Refund of rent recovered in contravention of provisions of the Act.
12. Abolition of all cesses, etc.
13. Suspensions, remissions or reduction of rent.
14. Resumption of land from tenants (omitted).
15. Conditions restricting Resumption of land under section
(omitted)
16. Resumption of land by solider or seaman
17. Determination rent of non-resumble land(omitted)
18. No resumption of land from a member of co-operative farm
(omitted).
19. Restriction on transfer of resumed land
20. Failure to cultivate, etc.

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21. Sub-division, sub-letting and assignment prohibited.
22. Eviction of tenant for default, etc.,
23. Eviction not to be ordered if rent paid during pendency of
proceedings .
24. Rights of tenant to be heritable.
25. Surrender of land by tenant.
26. Tenancy in abeyance during usufructuary mortgage in favor of
tenant.
27. Tenant’s rights to trees planted by him.
28. Right to produce of naturally growing trees (omitted).
29. Tenants responsible for maintenance of boundary marks.
30. Repairs of protective bunds.
31. Tenant’s right to erect farm house.
32. Betterment contribution.
33. Receipts for rent.
34. Bar to attachment or sale by process of court.
35. Bar to eviction from dwelling house.
36. Site on which dwelling house is built to be sold to tenant.
37. Tenant’s right to purchase site.
38. Dwelling houses of agricultural laboueres, etc.,
39. First option to purchase land.
40. Compensation for improvement made by tenant.
41. Procedure for taking possession.
42. Procedure for recovery of rent.
43. Rights or privileges of tenent not to be affected.

CHAPTER III
Conferment of Ownership on Tenants

44. Vesting of lands in the State Government.

45. Tenants to be registered as occupants of lands on certain
conditions.
46. When tenant entitled to choose land.
47. Amounts Payable
48. Constitution of Tribunals
48.A Enquiry by the Tribunal, etc.,

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48.B Tahsildar to determine the amount payable.
48.C Interim orders.
49. Sub-tenants or tenants to be registered as occupants.
50. Determination of encumbrances and payment of the amount.
51. Mode of payment of the amount.
52. Payment of compensation to be a full discharge
53. Payment of premium by tenant.
53.A Establishment of separate fund.
54. Premium recoverable as arrears of land revenue.
55. Issue of certificate of Registration
56. Rent recoverable when right to tenant becomes ineffective
(omitted).
57. Provisions applicable to minors, persons under disability, etc.
58. Vesting in the State Government of land leased contrary to the
Act.
59. Disposal of land where the tenant is not registered as an
occupant (Omitted)
60. Failure to cultivate personally.
61. Restriction on transfer of land of which tenant has become
occupant.
62. Surrender of land to State Government.

CHAPTER IV
Ceiling on Land Holdings

63. Ceiling on land.

64. Future acquisition of land
65. Surplus land to be surrendered to State Government.
65A. Certain lands deemed to be in excess of ceiling area.
66. Filing declaration of holding.
66A. Penalty for failure to furnish declaration
67. Surrender of land in certain cases.
67A. Payment for use occupation of land.
68. Vesting of land surrendered by owner.
69. Vesting of land surrendered by limited owner.

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70. Reversion and vesting of land surrendered by usufractuary
mortgagee.
71. Vesting of land surrendered by tenant. State Government.
72. Amount payable for lands surrendered to and vesting in this. ."
73. Claims for the amount and payment of the amount.
74. Prohibition of alienation of holding.
75. Excess land not to be surrenderd in certain cases.
76. Taking possession of land vested in State Government.
77. Disposal of surplus land.
78. Purchase price of surplus land.
79. Management of surplus land.

CHAPTER V
Receptions on Holding or Transfer of Agriculture Lands

79A. Acquisition of land by certain persons prohibited.

79B: Prohibition of holding agricultural land by certain persons.
79C. Penalty for failure to furnish declaration.
80. Transfers to non agriculturists barred.
81. Sections 79A, 79B, 80 not to apply in certain cases.
8lA. Declaration to be made before the registering authority in certain
cases.
82. Reporting of illegal transactions.
83. Inquiry regarding illegal transactions.

CHAPTER VI
Provisions for Cultivations of Uncultivated Lund

84. Uncultivated land maybe required to be cultivated.

85. Power of Assistant Commissioner to lease out cultivated land.

86. Cancellation of the lease.
87. Execution of lease, liability of land owner, etc.
88.Delivery of possession after the period of lease.
89.

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CHAPTER VII
Co-operative Farms
89. Formation of a Co-operative Farm.
90. Application for registration.
91. Registration of Co-operative Farm.
92. Member's land transferred to the Farm.
93. Consequences of registration.
94. Bye-Iaws of the Farm.
95. Amendment of the bye-laws by the Registrar.
96. Land contributed to the Farm to continue to vest in the land
97. Rights, privileges, etc., of members, owner thereof.
98. Contribution by a member.
99. Liability of the Farm to land revenue and other dues
100. Admission of new members.
101. Heirs deemed to be members of the Farm.
102. Concessions and facilities for the Co-operative Farm.
CHAPTER VIII
Exemptions
103. Leases obtained by Industrial or Commercial undertakings, Co-
operative Societies, etc. (Omitted).
104. Plantations.
105. Leases by or to local authorities (Omitted).
106. Amount payable to religious institutions, etc. (Omitted).
107. Act not to apply to certain lands.
108. Lands taken under management of Court of Wards, etc.
109. Certain lands to be exempt from certain provisions.
110. Certain lands to be not exempt from certain provisions.,

CHAPTER IX

Procedure and Jurisdiction of Court and Appeals

111. Constitution of Tribunal (Omitted).

112. Duties of Tahsildar and Tribunal.
113. Application of the Code of Civil Procedure.
114. Commencement of proceedings

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115. Enquiries.
116. Execution of orders.
116A.Appellate Authority
116B. Conduct of Business of the Appellate Authority
117. Execution of orders under replaced enactments for recovery of rent
(Omitted).
118. Appeals.
118A.Revision by the Divisional Commissioner.
119. Stay of execution of orders.
120. Transfer of Proceedings (Omitted).
121. Orders in appeal.
121A. Revision by the High Court (Omitted).
122. Limitation.
122A. Review by the Tribunal.
123. Court-Fees.
124. Enquiries and Proceedings.

CHAPTER X
Offences and Penalties

125. Offences and Penalties.

CHAPTER XI
Miscellaneous
126. Application of Act to Inams
127. Legal Assistance to poor tenants.
127A.Maximum amount payable under the Act.
128. Disposal of fragments.
129. Persons in possession not to be dispossessed except under lawful
orders.
130. Summary eviction.
131. Acquisition of land (Omitted).
132. Bar of jurisdiction.
133. Suits, Proceedings, etc., involving questions required to be
decided by the Tribunal.

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134. Control
135. Offences by Companies.
136. Indemnity
137. Rules
138. Act to prevail over other enactments.
139. Removal of difficulties.
140. Rules and notifications to be laid before State Legislature.
141. Tenure Abolition Acts.
142. Repeal and savings.

SCHEDULE I : Classifications of Lands

SCHEDULE II : Tenure Abolition Acts.
SCHEDULE III: Enactments Repealed amendments

Amendments to the Act

The Karnataka Land Reforms (Second Amendment) Act, 1967
The Karnataka Land Reforms (Amendment) Act,1970
The Karnataka Land Reforms (Second Amendment And Miscellaneous
Provisions) Act, 1972.
The Karnataka Land Reforms (Amendment) Act, 1973The Karnataka Land
Reforms (Second Amendment And Miscellaneous Provisions) Act, 1974
The Karnataka Land Reforms (Second Amendment) Act, 1976
The Karnataka Land Reforms (Amendment) Act, 1978
The Karnataka Land Reforms (Amendment) Act, 1981
The Karnataka Land Reforms (Second Amendment) Act, 1982
The Karnataka Land Reforms (Amendment) Act, 1984
The Karnataka Land Reforms (Amendment) Act, 1986
The Karnataka Land Reforms (Amendment) Act, 1990
The Karnataka Land Reforms (Second Amendment) Act, 1990
The Karnataka Land Reforms (Amendment) Act, 1991
The Karnataka Land Reforms (Amendment) Act, 1992
The Karnataka Land Reforms (Amendment) Act, 1995
The Karnataka Land Reforms (Amendment) Act, 1996
The Karnataka Land Reforms (Amendment) Act, 1997
The Karnataka Land Reforms (Amendment) Act, 2001
The Karnataka Land Reforms (Amendment) Act, 2002

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The Karnataka Land Reforms (Amendment) Act, 2003
The Karnataka Land Reforms (Amendment) Act, 2004
The Karnataka Land Reforms (Amendment) Act, 2005
The Karnataka Land Reforms (Second Amendment) Act, 2005

Notifications

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THE KARNATAKA LAND REFORMS ACT 1961

KARNATAKA ACT No. 10 OF 1962

(First published in the Karnataka Gazette on the Fifteenth day of March

1962). (Received the assent of the President on the Fifth day of March
1962).

An Act to enact uniform law relating to land reforms In the State of

Karnataka.

Where as it is expedient to .enact to uniform .law in the State of Karnataka

relating to agrarian relations, conferment of ownership on tenants, ceiling
on land holdings and for certain other matters hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the Twelfth Year of the

Republic of India as follows:- .

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement:- (1)This Act may be called

the Karnataka Land Reforms Act, 1961.

(2) It extends to the whole of the State of Karnataka.

1
[(3) It shall come into force on such date as the State Government may, by
notification, appoint].

2. Definitions:- (A) In this Act, unless the context otherwise requires,-

[(1) agriculture includes-

(a) horticulture;

1
This Act has come into force on 2-10-1965 (Vide G.O. 3160 dated 13-9-1965)

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(b) the raising of crops, grass or garden produce;
(c ) dairy farming;
(d) poultry farming;
(e) breeding of livestock;
(f) grazing;
but does not include the cutting of wood only.]

(2) "agricultural labourer" means a person whose principal means a person

whose principal means of livelihood is manual labour on land 2[and includes
an artisan whose principal means of livelihood is preparation of agricultural
implements].

(3) “agriculturist means a person who cultivates land personally 3[(4)

"Amendment Act" means the Karnataka Land Reforms (Amendment) Act,
1973;]

4
[(4a) "Appellate Authority" means the Land Reforms Appellate Authority.
constituted under section 116A.]
(5) "appointed day" means the date appointed under sub- section (3) of
section 1;
5
[(5A) "Assistant Commissioner" means an Assistant Commissioner,
appointed under the Karnataka Land Revenue Act, 1964 and includes a
Special Assistant Commissioner for Land Reforms and an Additional
Special Assistant Commissioner for Land Reforms appointed by the State
Government to exercise all or any of the powers of the Assistant
Commissioner under this Act;]
6
[(6) * * * * *]
7
[(7)"ceiling area means the extent of land which a person or family is
2
Substituted by Act No. 1/1974 Dated 1.3.1974.
3
Substituted by Act No. 1//1974 Dated 1.3.1974
4
Inserted by Act No. 19/1986 Dated 7.5.1986
5
Inserted by Act No. 1/1974 Dated 1.3.1974
6
Omitted by Act No. 1/1974 Dated 1.3.1974
7
Substituted by Act No. 1//1974 Dated 1.3.1974

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entitled
to hold under section 63;]

(8) "co-operative Society" means a co-operative society as defined in the

Karnataka Co-operative Societies Act, 1959;
(9) "co-operative farm" means a co-operative farm registered as provided in
section 91;
8
[(9a) "court" means the Court of Munsiff within the local limits of whose
Jurisdiction the land is situated;]

(10) "to cultivate" with its grammatical variations and cognate expressions
means to till or husband the land for the purpose of raising or improving
agricultural produce whether by manual labour or by means of cattle or
machinery, or to carry on any agricultural operation thereon; and the
expression "uncultivated" shall be construed correspondingly;

Explanation:- A person who takes up a contract to cut grass, or to gather

the fruits or other produce of any land, shall not on that account only be
deemed to cultivate such land;

(11) "to cultivate personally" means to cultivate land on one's own account
(i) by one's own labour, or
(ii) by tl1e labour of any member of one's family; or
(iii) by hired labour or by servants on wages payable in cash or kind,
but not in crop share, under the personal supervision of oneself or by
member of one's family;
9
[Explanation I.- In the case of an educational, religious or charitable
institution or society or trust, of a public nature capable of holding property,
formed for educational, religious or charitable purpose, the land shall he
deemed to be cultivated personally if such land is cultivated by hired labour
or by servants under the personal supervision of an employee or agent of
such institution or society or trust;]
8
Inserted by Act No. 6/1970 Dated 15.1.1970
9
Substituted by Act No. 1/1974 Dt. 1-3-1974

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Explanation 11.- In the case of a joint family, the land shall be deemed to
be cultivated personally, if it is cult invited by any member of such family;

10
[Explanation III].-[* * * *]

11
[12) "Family" means
(a) in the case of an individual who has a spouse or spouses, such
individual, the spouses or spouses and their minor sons and
unmarried daughters, if any;
(b) in the case of an individual who has no spouse, such individual
and his or her, minor sons and unmarried daughters;
(c) in the case of an individual who is divorced person and who has
not remarried, such individual and his minor sons and unmarried
daughters, whether in his custody or not; and
(d) where an individual and his or her spouse arc both dead, their
minor sons and unmarried daughters;

12
[(12A) "financial institution" means
(i) a banking company as defined in the Banking Regulation Act,
1949;
(ii) the State Bank of India constituted under the State Bank of
India Act 1955
(iii) a subsidiary bank as defined in the State Bank of India
(Subsidiary Banks) Act, 1959;

10
Omitted by Act 1 of 1974 with effect from 1-3-1974
11
Substituted by Act No. 1/1974 Dt. 1-3-1974
12
Inserted by Act 1 of 1979 with effect from 1-3-1974

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(iv) a corresponding new bank constituted under the Banking
Companies (Acquisition and Transfer of Undertakings)
Act, 1970;

(v) the Agricultural Refinance and Development Corporation

constituted under the Agricultural Refinance Corporation
Act,

(vi) the Karnataka State Agro-Industries Corporation, a company

registered under the Companies Act, ]956; and

(vii) the Agricultural Finance Corporation Limited, a company

incorporated under the Companies Act, 1956; and
(viii) any other institution notified by the State Government as a
financial; institution for the purpose of this Act;).
13
[(13)*****]
14
[(14) "fragment" means a fragment as defined in the Karnataka
Prevention of Fragmentation and Consolidation of Holding Act, 1966;)
(15) "improvement" means with reference to any land, any work which,
adds to the 15[productivity) of the land and which is suitable thereto and
consistent with, the purpose for which it is held and which; if not executed
on the land, is either" executed directly for its benefits or is, after execution,
made directly beneficial to" it and subject to the foregoing provisions,
includes-

(a) the construction of tanks, wells, water channels, embankments

and other works for the storage, supply or distribution of water for
agricultural purposes;
(b) the construction of works for the drainage of land or for the
protection of land from floods, or from coercion or other damage from
water;
13
Omitted by Act No. 1 of 1974 w.e.f. 1-3-1974
14
Substituted by Act 1 of 1967
15
Substituted by Act 1 of 1979 with effect from 1-3-1974

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(c) the planting of trees or plantation crops and the reclaiming, clear-
ing, enclosing, leveling or terracing of land;
(d) the erection of buildings on or in the vicinity of the land, elsewhere
than in the municipal or urban area reasonably required for the
convenient or profitable use or occupation of the holding; and
(e) the renewal or reconstruction of any of the foregoing works, or
alteration therein or additions thereto,
but does not include temporary wells and such water channels,
embankments, levellings, enclosures or other works or petty alterations or
repairs to such works, as are commonly made by cultivators of the locality
in the ordinary course of agriculture;

Explanation.- A work which benefits several lands may be deemed to be

an improvement with respect to each of such holdings;

(16) "intermediary" means any person who, not being a land-owner, has an
interest in the land, and is entitled by reason of such interest, to possession
thereof but has lawfully transferred such possession to others;

(17) "joint family" means in. the case of persons governed by Hindu Law,
an undivided Hindu family, and in the case of other persons, a group or unit
the members of which are by custom joint in estate or residence;

(18) "land" means agricultural land, that is to say, land which is used or
capable of being used for agricultural purposes or purposes subservient
thereto and includes horticultural land, forest land, garden land, pasture
land, plantation and tope but does not include house-site or land used
exclusively for non- agricultural purposes;

(19) "landless person" means a person who, holding no land whether as,
owner or tenant, carns his livelihood principally by manual labour on land,
and intends to take to 'he profession of agriculture;

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(20) "landlord" means a person who has leased land to a tenant and
include a person entitled to receive rent from a tenant.

Explanation.- An intermediary. such as a permanent tenant or mulgenidar

mirasi tenant or khata kul who having taken land on lease from the land-
owner has leased it to another person shall be deemed to be the landlord
with reference person to whom the land is leased;

(21) "land-owner" means an owner of land and includes a trustee or

mortgagee with possession thereof;

16
[(2IA) "land revenue" means all sums and payments received or climbable
by or on behalf of the State Government from any person on account of
land held by or vested in him as fixed at a settlement of land revenue
current in the area in which the land is situated.

Explanation.- In the case of any village in which settlement of land

revenue has not been made, an amount equal to the land revenue
assessment levied on the same extent of similar land in an adjoining village
in which settlement of land revenue has been made shall be deemed to be
the land revenue for purposes of this clause;

'(21B) "limited owner" means any 'person entitled to a life estate in any land
and includes persons deriving rights through him.

Explanation.- A person who has right to enjoy land during his life time shall
be deemed to be a limited owner notwithstanding that he has no power to
alienate the land;]

(22) "notification" means a notification published in the official Gazette;

16
Inserted by Act 1 of 1974 with effect from 1-3-1974

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(23)"permanent tenant" means a tenant 17[who cultivates land personally-"]
(a) the commencement or duration of whose tenancy cannot
satisfactorily be proved by reason of antiquity of such tenancy; or
(b) whose name or the name of whose predecessor -in-title has been
entered in the record of rights or in any public record or in any other
revenue record as a permanent tenant; or
(c) who by custom, agreement or the decree or order of a court holds
the land on lease permanently; or
(d) who holds land as mulgenidar, mirasdar or khata kul and includes
any person whose tenancy is under the provisions of any law
presumed to be extensive with the duration of the tenure of the
landlord;
18
(24)[* * * * * * ]

(25) "plantation crops" means cardamom, [cocoa], coffee, pepper, rubber

and tea;
(26) "prescribed" means prescribed by rules made under this Act;
(27) "protected tenant" means a tenant of any land if he has held it
continuously and cultivated it personally for a period of not less than twelve
years prior to the appointed day, and includes
(i) in the Belgaum Area, a person who was recognised to be a
protected tenant under Section 4A of the Bombay Tenancy and
Agricultural Lands Act, 1948, as in force in that area before the(
appointed day, and
(ii) in the Gulbarga Area, a person who was deemed to be a
protected tenant under the Hyderabad Tenancy and Agricultural
Lands Act 1950 as in force in that area before the appointed day;

Explanation.- (i) If the tenant came to hold the land by inheritance OJ

succession from another person or if he has held such land as a tenant and
is an heir to such person, the period during which such other person held
such land as a tenant shall be included in calculating the period of twelve
17
Inserted by Act 1 of 1974 with effect from 1-3-1974
18
Omitted by Act 1 of 1974 with effect from 1-3-1974

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years under this clause;

(ii) If the tenant holding the land held, as a tenant, at any time, within the
twelve years before the appointed day from the same landlord in the same
village, any other land which he cultivated personally the period during
which he held such other land shall be included in calculating the period of
twelve years under this clause;
(iii) Where any land is held by two or more persons jointly as tenants al
such persons shall if anyone of them cultivated and continues to cultivate
such land personally be deemed to be protected tenant: in respect of such
land;

(iv) , If a tenant had sublet a land on account of any temporary disability he

shall be deemed, for purposes of his acquiring rights of protected tenant,
to continue in possession and cultivate the land personally for the period of
the sub-lease;
19
[(28) "rent" means money paid or payable by a tenant on account of the
use and occupation of the land held by him;)
(29) "Schedule Bank" means a bank included in the Second Schedule to
the Reserve Bank of India Act, 1934;

(29A) "Scheduled Castes" means the Scheduled Castes specified in

respect of the State of Karnataka or in respect of any area thereof, in the
Constitution (Scheduled Castes) Order, 1950;)
20
(29B) "Scheduled Tribes" means the Scheduled Tribes specified in
respect of the State of Karnataka or in respect of any area thereof, in the
Constitution (Scheduled Tribes) Order, 1950;)
21
[(30) "seaman" means a person including a master, pilot or apprentice,
19
Substituted by Act 1 of 1974 with effect from 1-3-1974 Clauses (29A) and (293) arc new clauses.

20
Substituted by Act 14 01'1965 with effect from 29-7-1%5.
21
Substituted by Act 14 of 1%5 with effect from 29;7- 1%5

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

employed or engaged as a member of the crew of a ship or sailing vessel
to which the Merchant Shipping Act, 1958 (Central Act 44 of 1958) applies;]

(31) "small holder" means a land owner owning land not exceeding 22[two
units) whose total net annual income including the income from such land
does not exceed 23[four thousand and eight hundred) rupees;
24
[31-A) "Soldier" means a person in the service of the Armed Forces of the
Union, 25[for purposes of resumption of land and transfer of the resumed
land) and includes in the case of a soldier who has died while engaged in
operations for the defence of India, the father, the mother, the spouse, the
child and the grand child who were dependent upon such soldier at the
time of his death:

Provided that if a question arises whether any person is a soldier or

whether any soldier has died while engaged in operations for the defence
of India, such question shall be decided by the State Government, and its
decision shall be final;]
26
[(32) "stridhana land" means any land held by any female member of a
family in her own name;’

(32A) "Tahsildar" includes a Special Tahsildar empowered by the State

Government to exercise all or any of the powers of the Tahsildar under this
Act;]

(33) "tenancy" means the relationship of landlord and tenant;

22
Substituted by Act 101' 1974 with effect from 1-3- 1974.

23
Substituted by Act 101' 1979 with effect from 1-3-1974.

24
Clause (31-A) inserted by Act 14 of 1965 with effect from 29- 7-1965.
25
Inserted by Art I of 1979 with effect from 1-3-1974
26
Substituted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

27
[(34) "tenant" means an agriculturist 28[who cultivates personally the land
he holds on lease) from a landlord and includes,

(i) a person who is deemed to be a tenant under Section 4;

(ii) a person who was protected from eviction from any land by the.
Karnataka Tenants (Temporary Protection from Eviction) Act, 1961;
2[(iia) a person who cultivates personally any land on lease under a
lease created contrary to the provisions of section 5 and before the
date of commencement of the Amendment Act;]
(iii) a person who is a permanent tenant; and
(iv) a person who is a protected tenant.

Explanation.- A person who takes up a contract to cut grass, or to gather

the fruits or other produce of any land, shall not on that account only be
deemed to be a tenant ;]

29
[(35) "Tribunal" means the tribunal constituted under section 48;

(35A) "Unit" means 30[one acre (40, 47 acres)] of A Class land, the soil
classification value of which is thirty paise (eight annas) and above or an
extent equivalent thereto consisting or one or more classes or other land
specified in Part A of Schedule-I determined in accordance with the formula
in Part B of the said Schedule ;)

(36) 31["unmarried daughter") means 32

[ daughter who has never been
married;

(37) "village" means a village recognised as such in the revenue accounts.

(B) Words and expressions used in this Act but not defined shall have the
27
Clause (34) substituted by Act 14 of 1965 with effect from 29-7-1965
28
Sbustituted by Act No. 1/1974 w.e.f. 1-3-1974
29
Clauses (35) and (35A) inserted by Act 1 of 1974 with effect from 1-3-1974
30
Substituted by Act 1 of 1979 with effect from 1-3-1974
31
Substituted by Act 1 of 1974 with effect from 1-3-1974
32
Substituted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

meaning assigned to them in 33 [the] 34[Karnataka Land Revenue Act, 1964
and the Transfer or Property Act, "]882, as the case may be.
35
[ (C) " " " " " ]

CHAPTER H
GENERAL PROVISIONS REGARDING TENANCIES

3. Extension of Transfer of Property Act to agricultural land in 36

[Gulbarga Area] and application or Chapter V of that Act to tenancies
and Ieases.- (1) The Transfer or Property Act, 1882 (Central Act V or 1(82)
shall extend to agricultural land in the 37 [ Gulbarga Area], and the terms
"property" and "immovable 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.

4. Persons to be deemed tenants.-A 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 or kind but
not in crop share cultivating the land under the personal supervision
of the owner or any member of the owner's family, or.
(c) a mortgagee in possession:

Provided that if upon an application made by the owner within one year
33
Substituted by Act 14 of 1965 with effect from 29-7-1965
34
Substituted by Karnataka Adaptations of Laws Order, 1973
35
Omitted by Act 1 of 1974 with effect from 1-3-1974
36
Substituted by Karnataka Adaptations of Laws Order, 1973
37
Substituted by Karnataka Adaptations of Laws Order, 1973

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

from the appointed day 38[* * * ]-

(i) the 39[Tribunal] declares that such person is not a tenant and its
decision is not reversed on appeal, or
(ii) the [Tribunal ] refuses to make such declaration but its decision
is reversed on appeal.
Such person shall not be deemed to be a tenant.

40
[Prohibition of leases, etc.- (1) Save as provided in this Act, after the
date o[ commencement o[the Amendment Act, no tenancy shall be created
or continued' in respect of any land nor shall any land be leased for any
period whatsoever.

(2) Nothing in sub-section (1) shall apply to a tenancy 41[Created or

Continued] by a soldier or a 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.

(3) Every lease granted under sub-section (2) shall be in writing.]

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 whether by agreement or otherwise has expired.

7. Restoration of possession to tenants dispossessed in certain

circumstances.- (1) A person who or whose predecessor-in-title held any
land as a tenant 42[* * * * ] before the tenth day of September, 1957 and
who after that date and before the appointed day, has been dispossessed
from such land either by surrender of the tenancy or by eviction, may,

38
Omitted by Act 1 of 1974 with effect from 1-3-1964
39
Substituted by Act 1 of 1974 with effect from 1-3-1974
40
Substituted by Act 1 of 1974 w.e.f. 1-3-1974
41
Substituted by Act No. 3 of 1982 Dt. 6-3-1982
42
Omitted by Act 14 of 1965 with effect from 29-7-1965

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

within 43[fifteen months] from the appointed day apply to the 44[Tribunal] for
the restoration of his tenancy unless on the appointed day the land has
been put to non- agricultural use.
(2) On receipt of an application under sub-section (1), the 45 [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 of any kind
whatsoever or was otherwise in contravention of the provisions of the
law applicable for the time being; 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 46[Tribunal] shall order the restoration of possession of the land and the
tenancy thereof to the tenant, 47[Thereupon such land shall be deemed to
have vested in the State Government and the provisions of the Act shall
apply to such tenant as if he had been ordered to be registered as an
occupant under sub-section (5) of section 48A;]
Provided that the 48 [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 eviction, look place in accordance with any
provision of law, .or that another person, not being the landlord, is legally
entitled to possession of the land.

43
Substituted by Act 38 of 1966 with effect from 29-9-1966
44
For the word “Tribunal”, the word “Tahsildar” was substituted by Act 1 of 1974 and subsequently for the word
“Tahsildar”, the word “Tribunal” was substituted by Act 1 of 1979 with effect from 1-1-1979.
45
For the word “Tribunal”, the word “Tahsildar” was substituted by Act 1 of 1974 and subsequently for the word
“Tahsildar”, the word “Tribunal” was substituted by Act 1 of 1979 with effect from 1-1-1979.
46
For the word “Tribunal”, the word “Tahsildar” was substituted by Act 1 of 1974 and subsequently for the word
“Tahsildar”, the word “Tribunal” was substituted by Act 1 of 1979 with effect from 1-1-1979.
47
Added by Act 1/1979 w.e.d. 1-9-1979.
48
For the word “Tribunal”, the word “Tahsildar” was substituted by Act 1 of 1974 and subsequently for the word
“Tahsildar”, the word “Tribunal” was substituted by Act 1 of 1979 with effect from 1-1-1979.

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(3) Sub-section (1) and (2) shall have effect not-withstanding that another
person not being a person referred to in the proviso to sub-section (2) may
be in possession of the land as a tenant or otherwise, and where such
other person is so in possession he shall be liable to be evicted.
49
[8. Rent.- (1) Subject to the provisions o[ 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
50
[(b) such rent shall be the aggregate o[ ten times the land revenue
and ten times the water rate, if any, payable in respect of such land.]

Provided that in the case o[ A Class, B Class and C Class lands (other than
lands specified in item (ii) of C Class referred to in Part A of Schedule I, the
amount o[water rate to be taken into account shall not exceed the amount
specified below:

(i) A Class lands ...Rupees sixteen and paise fifty per acre
(ii) B Class lands .....Rupees eleven per acre.
(iii) C Class lands other than----- Rupees Five and Paise fifty per
acre:
lands specified in item (ii) of that clause.

Provided 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 made prior to the
date of commencement of the Amendment Act such lesser rent is payable
in kind, the amount payable shall be calculated by converting rent in kind
10 its cash equivalent in the prescribed manner:

Provided also that in any area notified as Malnad area the rent in respect of
49
Substituted by Act No. 1 of 1974 Dt. 1-3-1974
50
Substituted by Act No. 3/1982 Dt. 6-3-1982

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

lands specified as dry land, but used exclusively [or grazing or removing
leaves, shall be equal to the land revenue payable for such land.

Explanation.- In this section 'water rate' means the water rate payable in
respect of land classified for purposes of land revenue settlement as dry
land and irrigated by water obtained from any source of water which is the
property of the State Government]
51
[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.]

10. Rights and liabilities of landlord.- Notwithstanding any law, usage or

agreement or the decree or order of a court, but save as otherwise
provided in this Act, in the case of land in respect of which the rent is
payable under section 8
(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;

(b) 52[* * * ]
(c) no landlord or any person on his behalf shall recover or receive
rent 53[in kind or] in terms of service or labour.

54
[10A. Liability to pay land revenue, etc.- Notwithstanding any law,
custom; usage, agreement, decree or order of a Court, the tenant shall,
with effect from the date of commencement of the Amendment Act, be
51
Substituted by Act 1 of 1974 with effect from 1-3-1974
52
Omitted by Act 1 of 1974 with effect from 1-3-1974
53
Inserted by Act 1 of 1974 with effect from 1-3-1974
54
Inserted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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.]
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 sections 8, 9 or 10, the landlord
shall forthwith 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 55[Tahsildar] in this behalf, and shall also be liable to
such penalty not exceeding twice the excess amount recovered, 56[* * *] as
the 57 [Tahsildar] may fix.

12. Abolition of all cesses, etc.- Notwithstanding any agreement, usage

or law, it shall not be lawful for any landlord to levy any cess, rate,
premium, huk or tax or service of any description or denomination
whatsoever from any tenant in respect of any land held by him as a tenant
other than the rent lawfully due in respect of such land.

13. 58 [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. If 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
such land and if from any cause, the payment of the whole or any part of
the land revenue 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, in the manner provided in sub-section (1), suspend
55
Substituted by Act 1 of 1974 with effect from 1-3-1974
56
Omitted by Act 1 of 1974 with effect, from 1-3-1974
57
Substituted by Act 1 of 1974 with effect from 1-3-1974
58
Substituted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

or remit, as the case may be, the payment t the landlord of the rent or part
of it due in respect of such land.
(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, or during the period for
which the payment of such rent has been suspended under this section.
The period during which the payment of rent is suspended under this
section shall be excluded in computing the period of limitation prescribed
for any suit or proceeding for the recovery of such rent.

59
[ (4) * * * ]
(5) 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 60[Tahsildar] for the recovery of the amount, and the 61 [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 62 [Tahsildar] may
fix.
(6) the 63 [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 64 [he] ,is satisfied that or
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;
65
[(b) * * * *].

59
Omitted by Act 14 of 1965 with effect from 29-7-1965
60
Substituted by Act 1 of 1974 with effect from 1-3-1974
61
Substituted by Act 1 of 1974 with effect from 1-3-1974
62
Substituted by Act 1 of 1974 with effect from 1-3-1974
63
Substituted by Act 1 of 1974 with effect from 1-3-1974
64
Substituted by Act 1 of 1974 with effect from 1-3-1974
65
Clause (b) omitted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

66
[14. * * *].

67
[15. Resumption of and by soldier or seaman.-(l) 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 of this Act, be entitled to resume
land to the extent of the ceiling 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, which shall
not be less than the prescribed period.

(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 of the

Union. 68[at any time not later than one year] from the date on which
he is released from the Armed Forces or is sent to the reserve;
(ii) in the case of the father, mother, spouse child or grant- child of a
soldier, within one year, from the date of the death of such soldier;
and

(iii) in the case of the 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.

66
Omitted by Act 1 of 1974 with effect from 1-3-1974
67
Section 15 substituted by Act 1 of 1974 with effect from 1-3-1974
68
Substituted by Act 1 of 1979 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(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, 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 required by
sub-section (2) 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 mutandis apply
in this behalf].

69
[Sections 16, 17 and 18:- * * * * *]

19. Restriction on transfer of resumed land.- 70[(1)] Notwithstanding

anything contained in any other law or in section 80, no land resumed from
a tenant 71 [shall within fifteen years] from such resumption be transferred
by sale, 72[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 73
[Tahsildar].
74
[Provided further that such land may be sold by the father, the mother,
the spouse, the child or the grant child of a soldier who has died while
engaged in operations for the defence of India and who was dependent
upon such soldier at the time of his death.)
69
Omitted by Act 1 of 1974 with effect from 1-3-1974
70
Renumbered by Act 1 of 1974 with effect from 1-3-1974
71
Substituted by Act 1 of 1974 with effect from 1-3-1974
72
Substituted by Act 1 of 1979with effect from 1-3-1974
73
Substituted by Act 1 of 1979 with effect from 1-3-1974
74
Added by Act 1 of 1979 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

75
[(2) Notwithstanding anything contained in sub-section (1), 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, 76[ a financial
institution, a co-operative land development bank, a co-operative society,] 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 interests in the land to be
attached and sold and the proceeds to be utilised in payment of such loan.
77
[20. Failure to cultivate, etc.- (1) 78 [Subject to section 19, 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, fails within
one year from the date he took possession or ceases within three years
froq1 such date to do so, the Tahsildar shall, on application 79 [by such
tenant] or otherwise, if satisfied that such person has so failed or ceased,
declare by notification, that with effect from such date as may be specified
therein the land shall stand transferred to and vest in the State Government
free from all encumbrances.
80
[(2) When the land has so vested, such tenant shall, if he makes an
application for the purpose within twelve months from the date of the
notification under sub-section (1), be entitled to be registered as occupant
thereof and the provisions of Chapter III shall mutatis mutandis be
applicable in this behalf.)

75
Sub-section (2) inserted by Act 1 of 1974 with effect from 1-3-1974
76
Substituted by Act 1 of 1979 with effect from 1-3-1974
77
Section 20 substituted by Act 1 of 1974 with effect from 1-3-1974
78
Substituted by Act 1 of 1979 with effect from 1-3-1974
79
Substituted by Act 1 of 1979 with effect from 1-3-1974
80
Substituted by Act 1 of 1979 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

21. Sub-division, sub-letting and assignment prohibited.- (1) No Sub-
division or sub-letting of the land held by a tenant or assignment of any
interest therein shall be valid:

Provided that nothing in this sub-section shall affect the rights, if any, of a,
permanent tenant:

Provided further that if the tenant dies,

(i) if he is a member of joint family, the surviving members of the said
family, and
(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, but the land shall not be divided by metes
and bounds;
81
[(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.]

81
Substituted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

82
[(2) Notwithstanding anything contained in sub-section (1), it shall be
lawful for a tenant who is 83[a soldier in service in the Armed forces of the
Union or a seaman] to sub-let 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, 84[a financial institution, a co-
operative land development bank; a co-operative society,] 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 payment of such loan.]

22. Eviction of tenant for default, etc.- (1) Notwithstanding any

agreement, usage, decree or order of a court of law, 85[or anything
contained in any enactment or law replaced by section 142 or in any other
law in force before the commencement of such enactment or law] and
subject to the provisions of Section 2[(15) 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 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;

82
Sub-sections (2) and (3) substituted by Act 1 of 1974 with effect from 1-3-1974
83
Substiuted by Act 1 of 1979 with effect from 1-3-1974
84
Substituted by Act 14 of 1965 with effect from 29-7-1965
85
Substituted by Act 14 of 1965 w.e.f. 29-7-1965

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(b) that the ,tenant has done any act which is permanently injurious to
the land;

(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 86[ * * ]:

Provided that no tenant shall be evicted under this sub-section unless the
landlord thus 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.
87
[ ** * * * ]
Explanation.- A tenant shall be deemed to have failed to pay rent payable
by him to the landlord for any year if he does not pay it before the end of
June next after the expiry of the year.
(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.
(3) Notwithstanding anything contained in sub-section (1), the tenancy of
any land held by a tenant who is 88[* * *] 89[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.
86
Certain words omitted by Act 1 of 1979 with effect from 1-3-1974
87
Second proviso inserted by Act 4 of 1972 and subsequently omitted by Act 1 of 1974 with effect from 1-3-1974
88
Omitted by Ac 1 of 1974 with effect from 1-3-1974
89
Substituted by Act 14 of 1965 with effect from 29-7-1975

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

23. Eviction not to be ordered if rent paid during pendency of
proceedings.- , (1) Notwithstanding anything contained in section 22, the
90
[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, 91[for two consecutive years] together with the costs of the
proceedings, as decided by the 92 [Tahsildar], within such period as may be
fixed by the 93 [Tahsildar].
(2) Notwithstanding anything contained in any enactment or provision of
law repealed by section 142 or in any other law, 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 of authority within such period as such
court, officer or authority may fix 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 of authority within such
period as such court, officer or authority may fix.

94
[(3) Notwithstanding anything contained in sub-section (1) and (2) or in
section 116, 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 the proceedings
as specified in such decree or order and on such payment, the said decree
or order shall abate.]

90
Substituted by Act 1 of 1974 with effect from 1-3-1974
91
Inserted by Act 1 of 1974 with effect from 1-3-1974
92
Substituted by Act 1 of 1974 with effect from 1-3-1974
93
Substituted by Act 1 of 1974 with effect from 1-3-1974
94
Inserted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

95
[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.

25. Surrender of land by tenant.- (1) 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
within and the tenant has admitted the same before the Tahsildar and the
same has bee registered in the office of the Tahsildar in the prescribed
manner.

(2) In respect of the land surrendered to it under sub.-section (1), 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, leas
the surrendered land to any person in possession thereof is not claimed by
the soldier or the seaman for personal cultivation.

(4) Where the State Government leases the land under sub-section (3) the
lessee shall pay the rent for the land to the landlord directly and with effect
from the date of such lease the State Government's liability under sub-
section (2) for payment of rent of the land shall cease.]

26. Tenancy in abeyance during usufctuary mortgage in favour of

tenant.-If any land is mortgaged by a landlord by way of a usufractuary
mortgage to 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.
95
Substituted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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 96[Tahsildar].
97
[* * * * ]
Provided 98[* * * *] that the landlord shall, during the continuance of the
tenancy, be entitled to the rent of the land as if the trees had not been
planted.

99
[28. (* * * * *)]

29. Tenants responsible for maintenance of boundary marks.- Not

withstanding anything contained in any law relating to the maintenance of
boundary marks of lands, the responsibility for the maintenance. and good
repair of the boundary marks of lands held by a tenant and any charges
reasonably incurred o~ account of service by revenue officers in case of
alteration, removal or repair of such boundary marks shall be upon the
tenant.

30. Repairs of protective bunds.- (1) Notwithstanding any agreement,

usage or custom to the contrary, if it appears to the Assistant
commissioner, that the, construction, maintenance or repair of any bunds
protecting any land held by a tenants neglected owing to 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 person as may be specified in the order and the costs thereof
shall be recoverable as arrears of land revenue from the person who under
any agreement, usage or custom is liable to construct, maintain or repair
96
Substituted by Act 1 of 1974 with effect from 1-3-1974
97
Omitted by Act 1 of 1974 with effect from 1-3-1974
98
Omitted by Act 1 of 1974 with effect from 1-3-1974
99
Omitted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

the bunds.

(2) Notwithstanding anything contained in sub-section (1), 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 100[Tahsildar], be
recoverable by him from the J 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 to the tenant for
the construction, maintenance or repair of the bunds.

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.

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.

33. Receipts for rent.- (1) In the absence of an express intimation in

writing to the contrary 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, as the case may be,
such person shall, at the time when such rent is received by him give a
written receipt thereof in such form and in such manner as may be
100
Substituted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

prescribed.

34. Bar to attachment or sale by process of court.-Save as expressly

provided in this Act or in the Karnataka Co-operative Society Act, 1959, 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.

35. Bar of 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 (with the materials
and the site thereof and the land immediately appurtenant thereto and
necessary for its enjoyment), unless
(a) the landlord proves that the dwelling house was not built at the
expense of such tenant or 101 [ any of his prodecessors-in-title;] and
(b) such tenant makes 102 [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.
(2) The provisions of sub-section (1) shall not apply to a dwelling house
which is situated on any land used for the purpose of agriculture from which
a tenant has been evicted under section 103 [2* * *] 22.

104
[36. Site on which dwelling house is built to be sold to tenant.- (1)lf 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
101
Substiuted by Act 1 of 1974 with effect from 1-3-1974
102
Substiuted by Act 1 of 1974 with effect from 1-3-1974
103
Omitted by Act 1 of 1974 with effect from 1-3-1974
104
Substiuted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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.]

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 to that effect.
105
[(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
deposits 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].

106
[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-section (2) and (3), such dwelling house
along with the site thereof and land immediately appurtenant thereto and
necessary for its enjoyment 107 [* * *] shall, on the date of publication of the
Karnataka Land Reforms (Amendment) Act, 1978 in the official Gazette,
vest absolutely in the State Government, free from all encJ1mbrances and
the agricultural labourer shall be entitled to be registered as owner thereof.

Explanation.- For the purpose of this clause, an agricultural labourer

residing in a dwelling house which. is a portion of the house of the owner
or which is a temporary residence on such land shall not be regarded as
ordinarily residing therein.

(b) Every agricultural labourer entitled to be registered as owner under

105
Substiuted by Act 1 of 1979 Dt. 1-1-1974
106
Substituted by Act 1 of 1979 Dt 1-1-1979
107
Omitted by Act 3 of 1982 Dt. 6-3-1982

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

clause (a) may, make an application to the Tribunal in the Prescribed form
and manner 108[on or before] 109[March 1983] and the Tribunal shall, after
enquiry in the manner specified in or under Section 48A, 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),
determine in the manner specified in sub-section (1) and (2) of section 47,
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 own eithereof. A copy of the certificate shall be
forwarded by the Tahsildar to the sub-register 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 extent of the new site shall not be less than the extent of the
dwelling house including the land immediately appurtenant thereto
and necessary for its enjoyment; and
(iv) the owner shall transfer ownership and possession of the new site
108
Substituted by Act 3 of 1982 dated 6-3-1982
109
Substiuted by Act 1 of 1983 dated 1-1-1983

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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 after an order is passed

under Clause (b) of sub-section (1) and 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.]

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 officer 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 tw6 months from the date of receipt of such notice.

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(2) If there is any dispute about the reasonable price parable for the land,
either the landlord or the tenant mar apply in writing to the 110[Tahsildar] for
determining the reasonable price; and the 111[Tahsildar] after giving notice
to the other party and to all other persons interested in the land and after
making such inquiry as he 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 112 [Tahsildar] the amount of the price
determined under sub-section (2) within such periods as may be
prescribed.

(4) On deposit of the entire amount of the reasonable price the 113
[Tahsildar] shall issue a certificate in the prescribed from to the tenant
declaring him to be the purchaser of the land. The 114 [TahsiIdarJ 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.

110
Substituted by Act 1 of 1974 with effect from 1-3-1974
111
Substituted by Act 1 of 1974 with effect from 1-3-1974
112
Substituted by Act 1 of 1974 with effect from 1-3-1974
113
Substituted by Act 1 of 1974 with effect from 1-3-1974
114
Substituted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

40. Compensation or 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 115[TahsiIdar] 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 conditions of the improvement and 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 land-lord in consideration of the improvement
including permanent fixtures.
116
(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 cumbrances.
41. Procedure or taking possession.- (1) A tenant or an agricultural
labourer 117[* * 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
115
Substituted by Act 1 of 1974 with effect from 1-3-1974
116
Inserted by Act 1 of 1979 with effect from 1-3-1974
117
Certain words omitted by Act 1 of 1979 with effect from 1-1-1979

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

contravention of sub- section (2) may apply in writing for such possession
to the 118[TahsildarJ. 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 119 [ * * *J 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 120[Tahsildar). For obtaining' such order he shall made
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 121 [Tahsildar]
shall, after holding an inquiry, pass such order thereon 122 [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 123 [Tahsildar] and
also to the penalty prescribed in Section 125.

42. Procedure for recovery of rent.- (1) Notwithstanding anything

contained in any agreement or in any law for the time being in force, no suit
or other proceeding shall lie in any Court or before any other authority for
recovery. of any rent payable by tenant, except as provided in this section.

(2) A landlord claiming payment of rent by a tenant may apply to the 124
[Tahsildar] in the prescribed form for an order directing the tenant to pay
the rent due to, the landlord.

118
Substituted by Act 1 of 1974 with effect from 1-3-1974
119
Certain words omitted by Act 1 of 1979 with effect from 1-1-1979
120
Substituted by Act 1 of 1974 with effect from 1-3-1974
121
Substituted by Act 1 of 1974 with effect from 1-3-1974
122
Substituted by Act 1 of 1974 with effect from 1-3-1974
123
Substituted by Act 1 of 1974 with effect from 1-3-1974
124
Substituted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(3) On receipt of an application under sub-section (2), the 125 [Tahsildar]
shall, after holding an inqiuiry, pass such order thereon l[as he deems fit].
126
[(4) An application under this section shall be filed within one year from
the date the rent fell due.

Explanation.- For purposes of this section rent for any year shall be
deemed to fall due on the last day of June of that year.]

43. Rights or privileges of tenant not to be affected.- Save as provided

in this Act, 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. .

CHAPTER III
CONFERMENT OF OWNERSHIP ON TENANTS

127
[44. Vesting of land in the State Government.- (1) All lands held by or,
in the possession of tenants (including tenants against whom a decree or
order for eviction or a certificate for resumption is made or issued)
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) Notwithstanding anything 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:

125
Substituted by Act 1 of 1974 with effect from 1-3-1974
126
Substituted by Act 1 of 1974 with effect from 1-3-1974
127
Substituted by Act 1 of 1974 with effect from 1-4-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(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) 128[* * * ] 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, landlord, or any other person
and any payment made in contravention of this clause shall 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 and may, with
our prejudice to any other mode of recovery, be realized by the
deduction of the amount of such arrears from the amount payable to
any person under this Chapter.
(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, forthwith take possession of such lands:
Provided that the State Government shall not dispossess any person of any
land in respect of which it considers, after such enquiry, as may be prescribed,
that he is prima facie entitled to be registered as an occupant under this
Chapter.
(f) the land owner, 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 Govern-
ment as provided in this Chapter;

(g) permanent tenants, protected tenants and other tenants holding

such lands shall, as against the State Government, be entitled only

128
Omitted by Act 23 of 1977 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

to, such rights or privileges and shall be subject to such conditions as
are provided by or under this Act; and any other rights and privileges
which may have accrued to them in such lands before the date of
vesting against the 'landlord or other person shall cease and
determine and shall not be enforceable against the State Govern-
ment.

45. Tenants to be registered as occupants of land on certain

conditions.- (1) "Subject to the provisions of the succeeding sections of
this Chapter, every person who was a permanent tenant, protected tenant
or other tenant or where a tenant has lawfully subject, 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 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 be entitled to be registered as an occupant of the land held
by him as a tenant before the date of vesting;

(ii) docs 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 129[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 77 130[after
129
Substituted by Act 23 of 1977 with effect from 1-3-1974
130
Added by Act 23 of 1977 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

evicting such person].

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 131[* * * * * ].
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.
47. Amount payable:- 4[( I) Save as Provided in Section 106] 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 live 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 annual income from the land, ten times
such balance:
Provided that,
(i) if the tenant in respect of the land is a permanent, 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
131
Omitted by Act 14/1965 Dated 29-

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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;
(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 132[such physical or mental
disability' as may be prescribed]; or
(6) such soldier or seaman 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
purposes of sub-section (1) 133[shall, subject to such rules as may be
prescribed, be determine] 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-section (1) and (3), the aggregate

132
Substituted by Act NO. 3 of 1982 dated 6-3-1982
133
Substituted by Act 1 of 1979 w.e.f. 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

amount
payable according to the said sub-sections shall not exceed rupees two
lakhs.]
134
[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 135[ * * * 1 a person belonging to the Scheduled Castes
or Scheduled Tribes 136[* * * ].
137
[Provided that if in its option 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.

Explanation.- For the purpose of this sub-section ‘reconstitution' shall

include removal of a member from or nomination of a member to the
Tribunal].
(4) The quorum to constitute the meeting of the Tribunal and the procedure
to be followed by it shall be such as may be prescribed.
134
Substituted by Act 1 of 1974 with effect frm 1-3-1974
135
Omitted by Act 18 of 1976 with effect from 11-9-1975
136
Added by Act No. 18 of 1976 with effect from 11-9-1975
137
Added by Act No. 18 of 1976 with effect from 11-9-1975

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(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.

(6) The non-official members of the Tribunal shall be entitled to such

traveling
and other allowances as may be prescribed.

(7) the Tahsildar 138[or any officer specially appointed for the purpose by the
state Government shall be the secretary of the Tribunal.

(8) No legal practitioner shall be allowed to appear in any proceedings

before
the Tribunal.

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 in this behalf. Every such application shall, save as provided in
this Act, 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 or cause to be

published 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 and all other matters connected therewith
shall be such as may be prescribed. 139[The Tribunal may for valid and
sufficient reasons permit the tenant to amend the application.]
138
Inserted by Act 18 of 1976 with effect from 11-9-1975
139
Inserted by Act 1/1979.w.e.f. 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(4) Where no objection is lid, the Tribunal may, after such verification as it
considers necessary, 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, determined, by
order, the person entitled to be registered as occupant and pass orders
accordingly.
140
[(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 141[* * * * *] Tribunal shall send a copy of every order passed by it to
the Tahsildar and the parties concerned.

142
[Provided that the Tribunal may, on the application of any of the parties,
for reasons to be recorded 1~ writing, correct any clerical or arithmetical
mistakes in any order passed by it.]

(7) The person to be registered as an occupant shall pay to the State

Government as permission an amount equal to fifteen times the net annual
income referred 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-I 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:

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

140
Inserted by Act 23/1977, w.e.f. 1-3-1974
141
Omitted by Act 19/1986, dated 7-5-1986
142
Inserted by Act 3/1982, dated 6-3-1982

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(1), the right of any person to be registered as an occupant shall have no
effect.

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, 143[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) Notwithstanding anything contained in sub-section (1), 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 felid the same to the Tahsildar. The Tahsildar shall then
prepare the statement referred to in sub-section (1) in accordance with the
said findings.]
144
[48C. Interim Orders.- (1) The Tribunal may, when it considers it just
and proper and subject to such terms and conditions as it may impose,
143
Inserted by Act 23/1977, w.e.f. 1-3-1974
144
Inserted by Act 27/1976 w.e.f. 16.12.1975

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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 34 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).
145
[(3)* * *]

49. Sub-tenants of tenants to be registered as occupants.- Where a

tenant has lawfully sublet 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 146[* * *] 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)

147
[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 under the mortgage or the
encumbrance in respect of such land shall 148[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 of encumbrance.

(2) (a) If the total amount payable in respect of encumbrances is less than
the amount 149[* * *] payable in respect of such land it shall be deducted
from such amount and the balance paid to the land owner2 landlord,
intermediaries, if any, and other persons interested [towards the amount]

(b) If the total amount payable in respect of the encumbrances is more than

145
Omitted by Act 19/1986 Dated 7.5.1986
146
Omitted by Act 14/1965 w.e.f. 29.7.1965
147
Substituted by Act 1/1974 w.e.f. 1.3.1974
148
Inserted by Act 3/1982 Dated 6.3.1982
149
Omtted by Act 1/1974 w.e.f. 1.3.1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

the 150 [amount payable] in respect of the land, the 151 [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 152 [amount payable].
153
[(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 Ute 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.

51. Mode of Payment of the amount.- 154[(1)] 155[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, 156[two thousand rupees]; and
157
(b) if the amount payable exceeds [two thousand rupees] the
150
Substituted by Act 1/1974 w.e.f. 1.3.1974
151
Substituted by Act 1/1974 w.e.f. 1.3.1974
152
Substituted by Act 1/1974 w.e.f. 1.3.1974
153
Inserted by Act 1/1974 w.e.f. 1.3.1974
154
Renumbered by Act 35/1985 Dated 27.9.1985
155
Inserted by Act 3/1982 Dated 6.3.1982
156
Substituted by Act 14/1965 w.e.f. 29.7.1965
157
Ibid

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

amount upto 158[two thousand rupees] shall be paid in cash and the
balance shall be paid in 159[non-transferable and non-negotiable
bonds carrying interest at the rate of 160[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
clause. may be paid in such number of installments not exceeding twenty
as may be prescribed;
161
[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 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
(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 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.
Explanation.- For the purpose of this clause widow, minor and a person
subject to physical or mental disability include, a woman who is a widow, a
person who is a minor, a person subject to physical or mental disability
respectively at the time when the amount payable is determined:
158
Ibid
159
Substituted by Act 1/1979 w.e.f. 1.3.1974
160
Substituted by Act 18/1976 w.e.f. 11.9.1975
161
Substituted by Act 3/1982 Dated 6.3.1982

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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.]

162
[(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, 19,$4 in National Saving 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
installments commencing from the said date in National Savings
Certificates; and
(c) the whole or, as the case may 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 installments commencing from the said date in
National Saving Certificates;
Provided that along with each of the installments referred to in items (b)
and (e), tile interest thereon from 1st March, 1984 at the rate of five and a
half percent per annum upto the date of payment thereof shall also be paid
in National Savings Certificates.]

52. Payment of compensation to be a full discharge.- The payment of

the 163[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 [the amount] and no further claims or payments

162
Inserted by Act 35/1985 Dated 27.9.1985
163
Substituted by Act 1/1974 w.e.f. 1.3.1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

of 164[the amount] shall lie against the State Government or any other
person.

53.Payment of premium by tenant.- 165[(1) The amount of premium in

respect of the land of which a tenant or sub-tenant entitled to be register<:-
d as occupant under section 45 shall be payable to the State Government
by the tenant or sub-tenant,

166
[(i) where the amount payable docs not exceed two thousand
rupees, in a lumpsum;

(ii) in other eases

(a) either in lumpsum; or
(b)where the amount is paid by him out of his own funds, in
annual installments 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
installments of such number not exceeding the number
permitted as maximum for the recovery of term loan granted by
such bank or agency without interest thereon.]

Provided that where payment is in installments, two thousand rupees shall

be paid as the first installment and the balance in equated annual
installments.

167
[Provided further that where the extent of the land in respect of which a
person is registered is an occupant together with other land, if any, held by
him, does not exceed ten acres of 'D' Class land, or an extent equivalent
164
Ibid
165
Substituted by Act 12/1977 w.e.f. 1.3.1974
166
Substituted by Act 3/1982 Dated 6.3.1982
167
Inserted by Act 19/1986 Dated 7.5.1986

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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 installments, which
fall due on or after the Seventeenth day of October, 1984.]

(1A). 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.
168
( Proviso * * *]

169
[(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, 197.t 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
he land revenue due on that land.
170
[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

168
Omittedb y Act 3/1982 Dated 6.3.1982
169
Inserted by Act 18/1976 w.e.f. 11.9.1975
170
Inserted by Act 3/1982 Dated 6.3.1982

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(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.

(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.] .

54. Premium recoverable as arrears of Land revenue.- If a tenant or

sub-tenant fails to make appointment of any installment in accordance with
the provisions of the foregoing Sections 171[* * *] the amount of such
installment shall also be recoverable as an arrears of land revenue.

172
(2) The amount recovered under Sub-section (1) shall be deposited with
[Tahsildar].

55.Issue of Certificate of registration.- (1) 173[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.
171
Omitted by Act 12/1977 w.e.f. 1.3.1974
172
Substituted by Act 1/1974 w.e.f. 1.3.1974
173
Substituted by Act 3/1982 Dated 6.3.1982

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

174
[ Proviso * * * * * *]
175
[(2) The Tahsildar shall forward a copy of the certificate issued under
sub-section (1) to the concerned Sub-Registrar who shall, notwithstanding
anything contained in the Registration Act, 1908 (Central Act 16 of 1908) or
any other law, register the same.]

56. 176[* * *]

57. Provisions applicable to minors, persons under disability, etc.- (1)

Notwithstanding anything contained in the preceding sections of this
Chapter where the tenant is a minor or a person subject to any mental or
physical disability or 177[a solider in service in the Armed Forces of the
union or a seaman] 178[* * * *] 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;
179
[(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.]
(2) The provisions of the preceding sections of this Chapter shall
thereupon, mutatis mutandis, be applicable to such land vesting in the
State Government.
180
[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
174
Omitted by Act 3/1982 Dated 6.3.1982
175
Inserted by Act 1 of 1979 with effect from 1-1-1979
176
Omitted by Act 12 of 1977 with effect from 1-3-1974
177
Substituted by Act 14 of 1965 with effect from 29-7-1965
178
Omitted by Act 1 of 1974 with effect from 1-3-1974
179
Substituted by Act 14 of 1965 with effect from 29-7-1965
180
Substituted by Act 1 f 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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 Governments 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. 181[No amount shall be payable in respect
of such land.]
(3) Such land shall be disposed of in accordance with the provisions of
section 77.

59. 182[* * * *]
60. Failure to cultivate personally.- Notwithstanding anything contained
in any law, if at any time after the tenant has been registered as occupant
183
[* * *] under, any of the foregoing provisions, such tenant 184[fails to
cultivate the land personally for three consecutive years] he shall, unless
the 185[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 186 [* * *] has been granted to any person under this
Chapter 187[* * *] shall within 188[fifteen years] 189 [from the date the certificate
under section 55 is issued I be transferred by sale, gift exchange,
mortgage, lease or assignment; nut the land may be partitioned among
181
Added by Act 1 of 1979 with effect from 1-3-1974
182
Omitted by Act 12 of 1977 with effect from 1-3-1974
183
Omitted by Act 14 of 1965 with effect from 29-7-1965
184
Substituted by Act 1 of 1974 with effect from 1-3-1974
185
Substituted by Act 1 of 1974 with effect from 1-3-1974
186
Omitted by Act 14 of 1965 with effect from 29-7-1965
187
Omitted by Act 1 of 1974 with effect from 1-3-1974
188
Substituted by Act 1 of 1979 with effect from 1-3-1973
189
Substituted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

members of the holder's joint family subject to the condition that no
fragment shall be created by any such partition.

190
[(2) Notwithstanding any thing contained in sub-section (1), 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, 191[a financial institution, a cooperative 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 192[and such land shall vest in the State Government free. from all
encumbrances and shall be disposed in accordance with the rules relating
to grant
of Government lands.]

62. Surrender of land to State Government.- If the person who has been
registered as occupant 193[* * *] under this Chapter or his successor in title
intends, within six years from the dale of such registration 194[* * *] 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

190
Substituted by Act 1 of 1974 with effect from 1-3-1974
191
Substituted by Act 1 of 1979 with effect from 1-3-1974
192
Added by Act 1 of 1979 with effect from 1-3-1974
193
Omitted by Act 14 1965 with effect from 29-7-1965
194
Ibid

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

improvements if any, effected after the date of registration 195[* * *] to the
person surrendering and the persons interested in the land. The
surrendered land shall then be at the disposal of the State Government and
the 196[Tribunal] may thereafter dispose on as surplus land vesting in the
State Government.

CHAPTER IV CEILING ON LAND HOLDINGS

197
[63. Ceiling on land.- (1) No person who is not a member of a family or
who has no family shall, except as otherwise provided in this Act, be
entitled 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,

(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
195
Ibid
196
For the word “Tribunal”, the word “Tahsildar” substituted and subsequently for the word “Tahsildar”, the word
“Tahsildar” substituted by Act 1 1974 with effect from 1-3-1974.
197
Section 63 substituted by Act 1 of 1974 with effect from 1-3-1984

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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 hem 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 there from.

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 "i 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.
(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.

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(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 section 66 to 76
shall, so far as may be, apply to the surrender to 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 preceding 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 Bhoodan 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 calculation
the ceiling arc a 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.

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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, the II 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).

64. Future acquisition of land.- Where an account of transfer, gift,

purchase, exchange, mortgage with possession, lessee, surrender or any
other kind of transfer inter vivos or by request or inheritance, partition or
otherwise, 198[any 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:

199
[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.]

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.

198
Substituted by Act 1 of 1974 with effect from 1-3-1974
199
Substituted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

200
[65A. 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 a 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, 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 section, the land shall be deemed to

have been converted from the date of completion of the irrigation work
notified under section 3 of the Karnataka Irrigation (Levy of Betterment
Contribution and Water Rate) Act, 1957 (Karnataka Act 28 of 1957.)]

66. Filing of declaration of holding.- (1) 201[(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 31st day of December 1974; or]
[(b) every person who acquires land in excess of the extent specified in
clauses (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:
(i)particulars of all the lands;
200
Inserted by Act 1 of 1974 with effect from 1-3-1974
201
Substituted by Act 26 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(ii) particulars of the members of the family; and (iii) such other
particulars as may be prescribed.]
202
[(lA). Where a person holds different categories of land mentioned (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 anyone 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)].

203
(2) Without prejudice to the provisions of sub-section (1), the [Tahsildar]
shall
have power to issue notice requiring any person who, 204[he has] reason to
believe holds lands, or resides within 205 [his jurisdiction], to furnish 206[to
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
shal1 be entitled to obtain a receipt therefor.
207
[* * * *]
208
[(4) Notwithstanding anything contained in sub-section (1), every person
202
For sub-section (1), sub-sections (1) and (1A) substituted by Act 1 of 1974 and subsequently sub-section (aA)
substituted by Act 26 of 1974 with effect from 1-31-974
203
Substituted by Act 6 of 1970 with effect from 15-1-1970.
204
Substituted by Act 6 of 1970 with effect from 15-1-1970.

205
Substituted by Act 6 of 1970 with effect from 15-1-1970.

206
For sub-section (1), sub-sections (1) and (1A) substituted by Act 1 of 1974 and subsequently sub-section
(aA) substituted by Act 26 of 1974 with effect from 1-31-974
207
Explanation omitted by Act 1 of 1974 with effect from 1-3-1974.
208
Inserted by Act 18 of 1976 with effect from 11-9-1975

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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 seventh 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 the lands transferred or disposed of in any manner prior to
24th January 1971 and subsequently 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.

(5) The provisions of sub-sections (1A), (2) and (3) shall mutatis mutandis
apply to the declarations to be furnished under sub-section (4)].

209
[66A. 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
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
209
Inserted by Act 1/1974 w.e.f. 1.3.1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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.]

67. Surrender of lands in certain cases.- 210[(1) (a) Save as provided in

section 66A, on receipt of the declaration under section 66 of 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. .
211
[(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 cx1ent
exceeds the ceiling area.
(c) Where the total extent of the holding so determined by the Tribunal is
equal to less than the ceiling area, the person concerned shall be entitled
210
Substituted by Act 44/1976 w.e.f. 2.6.1976
211
Inserted by Act 3/1982 Dated 6.3.1982

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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.
(d) The order of the Tribunal shall be final and shall b communicated to the
person concerned and also the Tahsildar.

212
[(lA) Where the lands 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 surplus land by him, shall with
reference to the land cultivated by a tenant, be subject to the provisions of
Chapter III.]

(2) The 213[Tribunal] 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].

214
[(3) If the person concerned files declaration within the prescribed
period, the Tribunal 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 215[Tribunal]
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
212
Inserted by Act 1 of 1974 with effect from 1-3-1974
213
Substituted by Act 44 of 1976 with effect from 2-6-1976
214
Substituted by Act 1 of 1974 with effect from 1-3-1974
215
Substituted by Act 44 of 1976 with effect from 2-6-1976

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

statement 216[Tribunal] 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 217[Tribunal]
may 218[itself] 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 docs not file such statement within the
prescribed period the 219 [Tribunal] may 220 [itself] 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 surrendered by such
person.

(5) An order under sub-section 221[(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 or a sub-division of
a survey number.

222
[67A. 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 or the period he was in
possession of 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.

68. Vesting of land surrendered by limited owner.- Where the land

216
Ibid
217
Ibid
218
Substituted by Act 23 of 1977 with effect from 1-3-1974
219
Substituted by Act 44 of 1976 with effect from 2-6-1976
220
Substituted by Act 23 of 1977 with effect from 1-3-1974
221
Substituted by Act 1 of 1974 with effect from 1-3-1974
222
Inserted by Act 23 of 1977 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

surrendered under section 67 is by an owner other than a limited owner),
the State Government may take over such land 223[on the service of the
order under section 67] and such land shall thereupon vest in the State
Government] free from all encumbrances.

69. Vesting of land surrendered by limited owner.- (1) Where the land
surrendered under section 67 is by limited owner, it shall vest in the
presumptive reversioner.

(2) Whereas a result 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 224
[Tahsildar within whose jurisdiction his holding or any part thereof is
situated, and all the relevant provision 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 half
per cent of the amount payable to the owner under 225[* * *] 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 usufructuary

mortgagee.- (1) Where 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 226[ not being a person disentitled to hold land under section 79-
A] 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

223
Substituted by Act 44/1976 w.e.f. 2.6.1976
224
Substituted by Act 6/1970 w.e.f. 15.1.1970
225
Omitted by Act 1 of 1974 with effect from 1-3-1974
226
Inserted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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 the land and the said land shall be the
security for such payment.
(3) In cases possession of the land surrendered by an usufructuary
mortgagee does not revert to the mortgagor 227[for 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.

71. Vesting of land surrendered by tenant.- (1) Where the land

surrendered under section 67 is by a tenant 228[ of 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'~ net
income of such land.

(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.
229
[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
227
Substituted by Act 1 of 1974 with effect from 1-3-1974
228
Inserted by Act 1 of 1974 with effect from 1-3-1974
229
Substituted by Act 1 of 1974 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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 nett 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 structure 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

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

amount payable according to the said sub-sections shall not exceed rupees
two lakhs.]

230
(6) [* * *]

73. Claim for 231[the amount] and payment of 232[the amount].- (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.
(IA) 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.

(2) The provisions of sections l[48B] and 50 shall mutatis mutandis be

applicable for determining the persons, entitled to 233[the amount] and the,
appointment of 234[the amount).
235
[(3) The amount payable under sub-section (1) shall' be paid in 236[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 issued under this sub-
section may be paid in such number of installments not exceeding twenty
as may be prescribed.)
237
[(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
230
Omitted by Act 1/1979 w.e.f. 1.3.1974
231
Substituted by Act 1/1974 w.e.f. 1.3.1974
232
Ibid
233
Substituted by Act 1/1974 w.e.f. 1.3.1974
234
Ibid
235
Substituted by Act 18/1976 w.e.f. 11.9.1975
236
Substituted by Act 1/1979 w.e.f. 1.3.1974
237
Inserted by Act No. 35/1985 Dt. 27.9.1985

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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 installments 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 installments
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 installments commencing from the said date in National
Savings Certificates;

Provided that along with each of the installments 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.)

74. Prohibition of alienation of holding- On 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 238[* * *) and an
order has been passed 239[* *: *) under section 67 and any alienation made
in contravention of this section shall be null and void.

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
238
Omitted by Act No.3/1982 Dated 6.3.1982
239
Omitted by Act No. 3/1982 Dated 6.3.1982

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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 ,'j, of the land on the ground that it is excess land.

76. Taking possession of land vested in State Government.- Where

under the provisions, of this Chapter any land vests in the State
Government, the 240[Tahsildar) may after removing any obstruction that may
be offered, forth with take possession of the land.

77. Disposal of surplus land.- 241[(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 7AA, Section 79B or under any other provision
of 242[this Act, may,] subject to reservation of fifty per cent thereof grant to
persons belonging to the Scheduled Castes and Scheduled Tribes and
subject to such restrictions and conditions as may be prescribed in this
behalf, l[be granted by the Deputy Commissioner or any other officer
authorised by the State Government in this behalf] to the following persons
to the extent in the manner as may be prescribed:

(i) Dispossessed tenants who arc not registered as occupants;

(ii) Displaced tenants having no land;
(iii) Landless agricultural labourers;
(iv) Landless persons and Ex-Military personnel whose gross annual
income does not exceed rupees two thousand;
(v) Released bonded labourers;
(vi) Other persons residing in villages in the same Panchayat and
whose gross annual income docs not exceed rupees two thousand.
240
Substituted by Act 6 of 1970 with effect from 19-1-1970
241
Substiuted by Act 23 of 1977 with effect from 1-3-1974
242
Substituted by Act 1 of 1979 with effect from 1-1-1979

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

Explanation.- (1) "Dispossessed tenant" means a person who not being
member of the family of the owner was cultivating lands personally and was
dispossessed between 10th September 1957 and 24th January 1971 and
who is not registered as an occupant under this provisions of this Act.

Explanation.- (2) "Displaced tenant" means a person who has been

deprived of agricultural land on which he was a tenant, on account of,
(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.
243
[(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.]
244
[ (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 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 purposes reserve such land for such purpose.

78. Purchase price of surplus land.- (1) On the grant of land 245[* * *]
under section 77, the grantee shall have the option to deposit with the 246
243
Substituted by Act 23 of 1977 with effect from 1-3-1974
244
Inserted by Act 1 of 1979 with effect from 1-1-1979
245
Certain words omitted by Act 1 of 1979 with effect from 1-1-1979
246
Substituted by Act 23 of 1977 with effect from1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

[Tribunal] the purchase price of the land so granted either in a lumpsum or
in such annual installments not exceeding twenty as the 247[Tahsildar may
determine the first installment becoming payable within such time as may
be prescribed.]
248
[(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) section 72 plus the amount, if any, payable under
sub-section (4) of that section.]
(3) Where the purchase price is payable in installment the amount
outstanding after payment of each installment shall bear interest in the rate
of 249[five and a half percent per annum. [if 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.
250
[(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 Bank under sub-section (5)
may be recovered by the State Government in the same manner as an
247
Substituted by Act 1 of 1974 with effect from 1-3-1974
248
Substituted by Act 1 of 1974 with effect from 1-3-1974
249
Substituted by Act 18 of 1976 with effect from 11-9-1975
250
Inserted by Act No. 3/1982 Dated 6.3.1982

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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.)

79. Management of surplus lands.- The 251[Tahsildar] 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.
CHAPTER V
RESTRICTIONS ON 1[HOLDING OR] TRANSFER OF
AGRICULTURAL LANDS
252
[79A. Acquisition of land by certain persons prohibited.- (1) On and
from the commencement of the Amendment Act, no person who or a family
or a joint family which have an assured annual income of not less than
rupees twelve thousand 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

251
Substituted by Act No. 6/1970 w.e.f. 19-1-1970
252
Inserted by Act 1 of 1974vwith effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

an assured annual income of not less than rupees twelve thousand
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 twelve thousand from such sources during a period of
five consecutive years preceding such day.

Explanation.- A person who or a family or a joint family which has been

assessed to income tax under the Income Tax Act, 1961 (Central Act 43 of
1961) on an yearly total income of not less than rupees twelve thousand for
five consecutive years shall be deemed to have an average annual income
of not less than rupees twelve thousand from sources other than
agricultural lands.

(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 inheritance 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.

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(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, 253[no amount] shall be paid.

79-8. 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) 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 Amend-
ment 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 be 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
253
Substituted by Act 1 of 1979 with effect from 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

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.

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

(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.]

80. Transfers to non-agriculturists barred. 254[(1)](a). No Sale (including

sales in execution of a decree of a civil court or for recovery of arrears of
land revenue or for sums recoverable as arrears of land revenue), gift or
exchange or lease of any land or interest therein, or

254
Renumbered by Act 1/1974 w.e.f. 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(b) no mortgage of any land or interest therein, in which the possession of
the mortgaged property is delivered to the mortgagee shall be 255[lawful] 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
256
[(iii) who is not an agricultural labourer; or
(iv) who is disentitled under section 79-A or section 79-B 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, 257[to enable a person other than
a person disentitled to acquire or hold land under Section 79-A or section
79-B] 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 or 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 nett 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 nett annual income of the land.
258
[(2) Nothing in sub- section (1) shall apply to land granted under section
77.]

255
Subs. By Act No. 3/1982 Dated 6-3-1982
256
Substituted by Act 1/1974 w.e.f. 1-3-1974
257
Substituted by Act 1/1974 w.e.f. 1-3-1974
258
Ins. By Act 1/1974 w.e.f. 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

259
(81. Section 79A, 798 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,
(b) the mortgage of any land or interest therein in favour of-
(i) a co-operative society;
260
(ii)a financial institution:]
261
[iii, IV, V * * * * ]
(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 3[or 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 [or the
Central Government or both;]
(vii) 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.

Explanation.- In this Clause 'agricultural purposes' include making land fit

for
cultivation, cultivation of land, improvement of land, development of
sources of irrigation, raising and harvesting of crops, horticulture, forestry,
planting and farming, cattle breeding, animal husbandry, dairy farming seed
farming pisciculture, apiculture, sericulture, piggery, poultry farming and
such other activities as are generally carried on by agriculturists, dairy
farmers, cattle breeders, poultry farmers and other categories of persons
engaged in similar activities including marketing of agricultural products,
their storage and transport and the acquisition of implements and
259
Ins. By Act 1/1974 w.e.f. 1-3-1974
260
Subs. By Act 1/1979 w.e.f. 1-3-1974
261
Omitted by Act 1/1979 w.e.f. 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

machinery in connection with any such activity; .
(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 sugar factory for purposes
of research or seed farm or sale in favour of the Coffee Board con-
stituted 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
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 the1nstitution under this Section shall be subject to the
other provisions of this Act.]

262
[81A. 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, 263[mortgage, wit~ 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 before the registering authority under
the Indian Registration Act, 1908 (Central Act XVI of 1908), as to the total
extent of 264[land held by him as also his assured annual income.]

(2) The registering authority referred to in 'sub-section (1) shall forward

within such time in such manner as may be prescribed, one copy of the
declaration referred to in sub- section (1) to the prescribed officer within
262
Ins. By Act 14 /1965 29-7-1965
263
Substitued by Act 38/1966 shall always be deemed to have been substituted
264
Subs by Act 1/1974 w.e.f. 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

whose jurisdiction the land which is the subject matter of the transfer or the
major part thereof is situate .

(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.]

82. Reporting of illegal transactions.- Every village officer and every

officer of the Revenue, Registration and Land Records Departments shall
report to the 265 [* * * * ] prescribed authority 266[* * * * ] every transaction in
respect of any land in contravention of any of the provisions of this Act, as
they stood before and as they stand after the date of commencement of the
Amendment Act which comes to the notice of such officer. "

83. Inquiry regarding illegal transactions.- The prescribed authority

shall, after a summary inquiry, determine whether the transaction reported
to it under, section 82 9r coming to its notice in any other manner is in
contravention of 267[or is unlawful or invalid under] the provisions of this
Act, as 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 268[ or is unlawful or invalid under] any
of the provisions of this Act as they Stood before or as they stand after the
date of commencement of the Amendment Act. shall be null and void. The
land in respect of which each transaction has taken place shall, as penalty,
be forfeited to and vest in the State Government free from all
encumbrances. No amount is payable therefor.

CHAPTER VI
PROVISIONS FOR CULTIVATIONS OF UNCULTIVATED LANDS

265
Omitted by Act 1/1974 w.e.f 1-3-1974
266
Omitted by Act 23/1976 w.e.f. 1-3-1974
267
Ins by Act No 3/1982 Dated 6-3-1982
268
Inserted by Act No. 3/1982 Dated 6-3-1982

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

84. Uncultivated land may be required to be cultivated- Where the
Assistant Commissioner having jurisdiction over any area in which any land
is situated is satisfied that any land within such area has remained
uncultivated for a period of not less than two consecutive years without
sufficient cause, he may by notice served upon the land owner and any
other person entitled to be or in possession of the land require such
persons to cultivate the land within one year from the date of service of
such notice.

85. Power of Assistant Commissioner to lease out uncultivated land.-

If the land is not cultivated within one year from the date of service of the
notice under section 84, the Assistant Commissioner may, after making
such inquiry as may be prescribed, lease out the whole or part of such
uncultivated land to any suitable lessee for a period not exceeding five
years on the condition that the lessee shall pay such reasonable rent as the
Assistant commissioner may fix or on such other terms as can be secured.

86. Cancellation of the lease.- Where the person to whom a lease has
been granted under section 85, docs any at referred to in sub-section (1) of
section 22, the Assistant Commissioner may cancel! he lease and grant a
fresh lease to any other person on such terms and conditions as he thinks
fit and the person whose lease is cancelled under this section shall forfeit
all rights under his lease and shall also be liable to pay such sum by way of
damages as may be determined by the Assistant Commissioner in each
case. The sum so determined as damages shall be recoverable as arrears
of land revenue.

87. Execution of lease, liability of land-owners, etc.-(1) Every lease

granted under this Chapter shall be executed by the Assistant
Commissioner on behalf of the land owner or other person entitled to be in
possession of the land, and the lessee shall be liable to pay the rent
specified in the lease to the person on whose behalf the lease was
executed at the time and in the manner provided for in the lease.

(2) The land-owner or other person Oil whose behalf the land is leased out

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

by the Assistant Commissioner shall in respect of the services rendered by
the State Government under this Chapter, be liable to pay to the State
Government a sum equal to four times the land revenue payable on the
land, and the said sum shall be recoverable as an arrears of land revenue.

(3) Subject to the provisions of sections 8 and 86 every lease executed by

the Assistant Commissioner under this Chapter shall be valid 'and take
effect according to its terms.

88. Delivery of possession after the period of lease.- After the expiry of
the period of the lease granted under this Chapter, the Assistant
Commissioner shall take over possession of the land and deliver
possession thereof to the person entitled to such possession.

CHAPTER VII CO-OPERATIVE FARMS

89. Formation of a Co-operative Farm.- Any ten or more persons of a

village or two or more contiguous villages holding between them, either as
land-owners or tenants, rights in and possession over fifty acres or more in
such village or contiguous villages and desiring to start a Co-operative
Farm comprising the land so held and possessed by them may apply in
writing in the prescribed form to the 269[Registrar of Co-operative Societies
in Karnataka] (hereinafter-referred to as the Registrar) for the registration
thereof.

Explanation.- More than one Co-operative Farm may be registered in any

village under this Chapter.

90. Application for registration.- An application for the registration of a

Co-operative Farm shall be accompanied by extracts from the record of
rights or other records showing the total area with the survey number of all
the fields held by each of the applicants in the village or contiguous villages
and shall contain such other particulars as may be prescribed.

269
Adapted by the Karnataka Adaptations of Laws Order, 1913.

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91. Registration of Co-operative Farm.- (1) After making such enquiry as
may be prescribed, the Registrar shall, unless he is satisfied that it is not in
the best interests of all concerned to do so, register the Co-operative Farm
under the Karnataka Co- operative Societies Act, 1959; and grant a
certificate of registration.

(2) The Register shall cause a copy of the certificate to be forwarded to the
Deputy Commissioner for such action as may be prescribed.
92. Members' land transferred to the farm.- (1) When a co- operative
Farm, has been registered as provided in section 91, the possession of all
lands in the village ,or contiguous villages held by a member, in respect of
which the Co-operative Farm is registered shall, for so long as the
registration of the Co- operative Farm is notcancelled, stand transferred to
the Co- operative Farm, which shall thereupon hold such lands and may
use it for agricultural purposes.

"(2) If any person is admitted as a member of a Co-operative Farm after its

registration, the possession of the lands held by ,and in the possession of
such , member in respect of which he becomes a member, shall stand
transferred to the Co-operative Farm.

(3) No member of a Co-operative Farm shall withdraw his membership

unless he satisfied such condition as may be prescribed.

(4) On the withdrawal of membership of a Co-operative Farm by any

person the possession of the lands in respect of which he had become a
member shall, subject to such restrictions and conditions as may be
prescribed, be transferred by
the Co- operative Farm to such person.

93. Consequences of registration.- When a certificate of registration in

respect of any Co-operative Farm has been granted as provided in section
91, the provisions of the Karnataka Co- operative Societies Act, 1959, and
the rules made thereunder shall, so far as they are not inconsistent with the

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

provisions of this Act or of the rules made thereunder, be applicable
thereto.

94. Bye laws of the Farm.- Every 'application under section 90 shall be
accompanied by a copy of the proposed bye-laws of the Co-operative Farm
and such bye-laws shall be deemed to be the bye-laws required to be filed
under the provisions of the Karnataka Co-operative Societies Aet, 1959.

95. Amendment of the bye laws by the Registrar.- The Registrar may, at
any time On an application made by a majority of the members of a Co-
operative Farm, or on his own motion after giving notice to the Farm in
such manner as may be prescribed, and after giving an opportunity to the
Farm to be heard, amend the bye laws.

96. Land contributed to the Farm to continue to vest in the land owner
thereof.- Nothing in this Chapter shall be deemed to cause the right of
ownership of a land-owner in the land contributed by or on his behalf to a
Co-operative Farm to cease 10 vest in him.

97. Rights, privileges, etc., of members.- Every member of a Co-

operative Farm shall be entitled to such rights and privileges, be subject to
such obligations and liabilities, and be bound to discharge such duties as
may be prescribed.

98. Contribution by a member.- Subject to such exceptions as may be

prescribed, every member shall be bound to contribute to the Co-operative
Farm to the extent and in the manner prescribed-
(i) funds.
(ii) personal labour,
(iii) agricultural implements, agricultural stock and such other articles
as may be prcscrihcd.

99. Liability of the Farm to land revenue and other dues.- A Co-
operative Farm shall, as from the date on which it is constituted, or the date
on which a new member is admitted, be liable for the payment of all the
land revenue, cesses, water rate, betterment contribution and local rates,

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

payable by the land-owner in respect of the land the possession of which is
transferred to it under section 92.

100. Admission of new members.- Any person, who is a resident of the

village or contiguous villages in which a Co-operative Farm is situate may
be admitted as member thereof upon such terms and conditions as may be
prescribed.

101. Heirs deemed to be members of the Farm.- When a members

whose land is held by a Co-operative Farm dies, his heirs shall be deemed
to have become members of the Co-operative Farm.

102. Concessions and facilities for the Co-operative Farm.- (1) A Co-
operative Farm shall be entitled to such concessions ant! facilities as may
be prescribed.

(2) Without prejudice to the generality of the foregoing provision, the

prescribed concessions and facilities may include
(a) reduction of land revenue;
(b) reduction of or exemption from agricultural income-tax;
(c) free technical advice from experts employed by the Government;
(d) financial aid and grant of subsidies and loans with or without
interest; and
(e) priority in irrigations from State irrigation works.

(3) For purposes of this section, Co-operative Farm shall be deemed to

include a co-operative society registered before the appointed day under
the law relating to registration of co-operative societies, as a co-operative
farming society.

CHAPTER VIII
EXEMPTIONS

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

270
[103..... * * * * *]

271
[104. Plantations :- 3[The provisions of section 38,) section 63 other
than sub-section (9) thereof, section 64, 79A, 798 and 80 shall not apply to
plantations.

Explanation.- In this section 'plantation' means land used by a person

principally for the cultivation of plantation crop and includes-

(i) any land used by such person for any purpose ancillary to the
cultivation of such crop or for preparation of the same for the market,
and
(ii) agricultural land interspersed with the boundaries of the area
cultivated with such crop by such person, not exceeding such extent
as may be determined by the efficient management of such cultiva-
tion.)
272
[105.........* * * * *]

273
[106. Amount payable to religious institutions etc.- (1) in respect of the
amount payable to a religious, charitable or other institution capable of
holding property the provisions of sections 47,50 and 51 shall have effect
subject to the modifications specified in sub-section (2).

(2) In respect of lands held by such institution and vesting in the State
Government under the provisions of this Act the amount payable shall be
an annuity to be paid so long as the institution exists, of a sum equal to the
net annual income referred to in sub-section (2) of section 72. Towards the
annuity so payable, the State Government shall issue a non-transferable
and non- negotiable annuity bond.

270
Omitted by Act 1 of 1974 with effect from 1-3-1974
271
Substituted by Act 1 of 1974 with effect from 1-3-1974
272
Omitted by Act 1/1974 w.e.f. 1-3-1974
273
Ins by Act No. 3/1982 Dated 6-3-1982

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(3) Where the land in respect of which the annuity payable under sub-
section (2) is subject to encumbrances,
(a) if the value of the encumbrance is less than the amount of the
annuity the holder of the encumbrance shall be paid in full from out of
the amount of annuity and the balance shall be paid to the institution;
(b) if the value of the encumbrance is more than the amount of the
annuity, five per cent of such value shall be paid from out of such
amount till the value of the encumbrance is fully paid and the balance
shall be paid to the institution;

(c) if there are more encumbrances than one, the amount under
clauses (a)and (b) shall be distributed according to priority.]
274
[107. Act not to apply to certain lands.- (1) Subject to the provisions of
Section 110, nothing in this act, except section 8, shall apply to lands-

(i) belonging to Government;

275
[ii) [* * * ]
(iii) belonging to or held on lease by or from a local authority, an
Agricultural Produce Marketing Committee constituted under the
Karnataka Agricultural Produce Marketing Regulation Act, 1966
Karnataka Act 27 of 1966), a University established by law in India,
276
[a research institution owned or controlled by the State Govern-
ment or the Central Government or both] the Karnataka Bhoodhan
Yagna Board established under the Karnataka Bhoodhan Yagna Act,
1963 (Karnataka Act 34 of 1963);
(iv)given as a gallantry award;
277
(iva)granted by the State Government to Research Institution
affiliated to a University established by law in India.]
274
Subs by Act 1/1974 w.e.f. 1-3-1974
275
Omitted by Act 1/1979 w.e.f. 1-3-1974
276
Ins. By Act 1/1979 w.e.f. 1-3-1974
277
Ins. By Act 3/1982 Dated 6-3-1982

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(v) used for such stud farms as arc in existence on the 24th day of
January 1971 and approved by the State Government, 278
[Subject to such rules as may be prescribed]
(iv)used for the cultivation of linaloe;
(vii) held by the Coffee Board constituted under the Coffee Act, 1942
(Central Act 7 of 1942) for purposes of research development or
propaganda,
279
[(viii) held by any corporation owned or controlled by the State
Government or the Central Government or both:]

Provided that in the case of lands belonging to or held on lease from the
Karnataka Bhoodhan Yagna Board, the exemption under this section shall
not be applicable if such lands were in the possession of tenants on the
day of donation to the said Board.

280
[Provided further that, notwithstanding anything contained in this sub-
section, the extent of land leased to a local authority, a committee, a
University, an institution, or a Board, referred to in clause (iii) shall count for
the purpose of determining the surplus land to be surrendered by the owner
thereof)

(2) Notwithstanding anything in sub-section (1), no person shall, after the

date of commencement of the Amendment Act acquire in any manner for
the cultivation of linaloe, land of an extent which together with the land
cultivated by linaloe, if any, already held by him exceeds ten units.
(3) In respect of every acquisition contrary to sub-section (2), the provisions
of sections 66 to 76 shall mutatis mutandis apply.]

108. Lands taken under management or the court or Wards, etc.-

278
Ins. By Act 3/1982 Dated 6-3-1982
279
Ins. By Act1/1979 w.e.f. 1-3-1974
280
Ibid

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

Subject to the provisions of sections 119 nothing in the provisions of this
Act except section 8 shall apply to lands taken under the management of
the Court of Wards or of a Government officer appointed in his official
capacity as a guardian under the Guardians and Wards Act 1890, or to the
lands taken under management temporarily by the civil, revenue or criminal
courts by themselves or through the receivers appointed by them during
the period of such management:
Provided that -

(a) in the case of a tenancy subsisting on the date of taking

'over' the management, 281[the provisions of section 44 shall apply
and the land shall vest in the Government.]
(b) In the case of a tenancy created during the period of
management, when the land is released from such management, the
tenant shall be dispossessed and the possession of the land shall be
delivered to the person lawfully entitled to such possession;
(c) with effect from the date on which such land is released
from such management, all the provisions of this Act shall apply to
such land 282[* * *].
283
[109. Certain lands to be exempt from certain provisions.-Subject to
the provisions of the Karnataka Town and Country planning Act, 1%1
(Karnataka Act 11 of 1%3), the State Government may, by notification
exempt from the provisions of section 80 any land in any area to be used
for urban non-agricultural or industrial development.]

110. Certain lands to be not exempt from certain provision-. The State
Government may, by notification, direct that any land referred to in
[sections 107 and 108] shall not be exempt from such of the provisions of
this Act from which they have been exempted under the said sections.

CHAPTER IX
281
Substituted by Act 1/1974 w.e.f. 1-3-1974
282
Omitted by Act 1/1974 w.e.f. 1-3-1974
283
Substituted by Act 1/1974 w.e.f. 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

PROCEDURE AND JURISDICTION OF TRIBUNAL AND
APPELAS

111. Constitution of Tribunal 284[* * *].

112. Duties of Tahsildar and Tribunal :- The duties and functions of the
Tahsildar and Tribunal shall be as specified below:

(A) Duties of Tahsildar

(a) to decide a dispute between the landlord and the tenant regarding
the rent payable under sub-section (2) of section 9;

(b) to determine the compensation payable to a tenant under section

11;

(c) to declare the vesting in the State Government of the lands

referred to in sub-section (6) of section 15 or section 20;

(d) not to order restoration of possession to the landlord on the tenant

paying the arrears of rent together with the cost of proceedings under
section 23;

(e) to determine compensation for trees payable under section 27;

(f) to order recovery of costs incurred on bunds and costs of proceed-

ings under sub-section (2) of section 30;

(g) to grant certificate under sub-section (2) of section 37;

(h) to determine the reasonable price of land under sub-section (2) of

section 39;

284
Omitted by Act 6/1970 w.e.f. 15-1-1970

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(i) to pass orders on application for possession under subsection (3)
of section 41;

(j) to order forfeiture of crops and payment of costs and penalty under
sub-section (4) of section 41;

(k) to hold an enquiry and pass orders in cases relating to recovery of

rent under section 42;

(l) to determine the amount payable under section 47 and also to

prepare a statement of distribution of the amount under section 48B;

(m) to determine the encumbrance and arrange payment of amount

under section 50;

(n) to issue a certificate 285[* * *] under section 55;

(o) to order forfeiture of the right, title and interest of a person in the
land under sub-section (2) of section 58;

(p) to condone failure to cultivate personally under section 60;

(q) to pass order imposing penalty under section 66A;

286
(r) [* * * *]

(s) to determine the compensation under section 71;

(t) to pass order imposing penalty and requiring a person to furnish a
true and correct declaration under sub-section (2) of section
79C.
(u) to perform such other duties and functions as arc imposed on the
Tahsildar by any other provision of this Act or under any rule made

285
Omitted by Act 12 of 1977 with effect from 1-3-1974
286
Omitted by Act 44 of 1976 with effect from 2-6-1976

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

thereunder.

(B) Duties of Tribunal

(a) to make necessary verification or hold an enquiry 287[including
local inspection] and pass orders in cases relating to registration of
tenant as occupant under section 48A;

(b) to decide whether a person is a tenant or not;

1[ (bb) to decide whether the land in respect of which an application
under section 48A is made or in respect of which any question of
tenancy is raised or involved, is or is not an agricultural land;

(bbb) to decide questions referred to it under section 133;

(bbbb)to issue interim orders under section 48C;

288
[(bbbbb)determination of the land to be surrendered under section
67;]
289
[(C) to hold necessary enquiry (including local inspection) and pass
orders in cases relating to registration of agricultural labourers as
owners of dwelling houses and land appurtenant thereto under
section 38;

(d) to perform such other duties and functions as arc imposed on the
Tribunal under the provisions of this Act or under any rule made
thereunder.]

290
[113. Application of the Code of Civil Procedure.- 291[(1)] Save as
otherwise expressly provided)n this Act, the provisions of the Code of Civil
287
Inserted by Act 1 of 1979 with effect from 1-1-1979
288
Inserted by Act No. 44/1976 w.e.f. 2-6-1976
289
Subs by Act 1/1979 w.e.f. 1-1-1979
290
.Subs by Act 6/1970 w.e.f. 15-1-1970
291
Renumbered by Act 19/1986 Dated 8-5-1986

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

Procedure, 1908 (Central Act V of 1908) shall be applicable in respect of all
applications and proceedings under this Act before the Court.]

292
[ (2) The Appellate Authority shall for the purposes of the disposal of the
appeals before it, have the same powers as arc vested in a Court of Appeal
under the Code of Civil Procedure 1908 (Central Act 5 of 1908) except the
following namely:

(a)power of remanding the appeal to the Tribunal, either for recording

fresh decision or for recording further evidence or for any other
purpose;
(b) power of referring any point or points for decision to the Tribunal; (
c) such other matters as may be prescribed;

(3) The State Government , may make rules for- .

(a) conferment of such other powers on the appellate Authority as
may be considered necessary;

(b) regulating the practice and procedure of the Appellate Authority

and the conduct of its business.]

114. Commencement of proceedings.- Save as expressly provided by or

under this Act, all enquiries and proceedings before the 293[Tahsildar] or the
Deputy Commissioner shall be commenced by an application which shall
contain the following particulars:
(a) the full name, age, profession, address and place of residence of
the applicant and the opponent;
(b) a short description and situation of the property of which posses-
sion is sought, or the amount of the claim as the case may be;
(c) the circumstances out of which the cause of action arose;
(d) a list of the applicant's documents, if any, and of his witnesses,
and whether such witnesses are to be summoned to attend or
292
Inserted by Act No. 19/1986 Dated 8-5-1986
293
Substituted by Act 23 of 1977 w.e.f. 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

whether the applicant will produce them on the date of the hearing;
(e) such other particulars as may be prescribed.

115. Enquiries.- (1) The 294[Court] shall exercise the powers, and shall as
far as possible follow the procedure of a Court of Small Causes as provided
in the law for the time being in force relating to the powers and procedure
of such court in making enquiries, recording or evidence and of decisions at
such enquiries.

(2) For the purpose of any enquiry or proceedings under this Act, 295[the
Tribunal, the Deputy Commissioner or other officer of the Revenue
Department may exercise all or any of the powers 296[* * * ] under [The
Karnataka Land Revenue Act, 1964] and shall follow such procedure as
may be prescribed.

(3) In every enquiry in which the parties are heard before orders are
passed, the orders shall be pronounced in open court after notice to the
parties, and the decision of the 297[court] or 298[the Tribunal, the Deputy
Commissioner] or other officer intimated to the parties concerned by post.

299
[116. Execution of orders.- (1) Any sum the payment of which has been
directed by an order of the Tahsildar or other authority shall be recoverable
from the persons ordered to pay as an arrear of land revenue.

(2) An order of the Tahsildar or other authority awarding possession or

restoring the possession or use of any land shall be executed in the same
manner as an order passed by a Revenue Officer under the Karnataka
Land Revenue Act, 964].

294
Substituted by Act 6 of 1970 with effect from 15.1.-1970
295
Substituted by Act 1 of 1979 with effect from 1-1-1979
296
Omitted by Act 1 of 1979 with effect from 1-1-1979
297
Substituted by Act 14/1965 w.e.f. 29-7-1965
298
Substituted by Act 1/1979 w.e.f. 1-1-1979
299
Substituted by Act 1/1947 w.e.f. 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

300
[116A. Appellate Authority.- (1) The State Government shall, by
notification, constitutes Land Reforms appellate Authority for each district
or a part of a district or group of districts, as may be specified in the
notification consisting of two members of whom one shall be an officer in
the Cadre of Civil Judge (hereinafter referred to as Judicial Member) and
the other, an officer not below the rank of a Deputy Commissioner and
includes a Civil Judge or Principal Civil Judge, as the case may be to whom
a reference is made under section i16B.

(2) Subject to such conditions as may be prescribed, the State

Government. shall, by notification specify the principal scat of the Appellate
Authority and may. likewise specify the other places, where the Appellate
Authority may also have' sittings.

116-B. Conduct of .Business of the Appellate Authority'.- (1) Where the

members of an Appellate Authority hearing an appeal differ in opinion on
any point material for the decision of the case, they shall state such point
and the judicial member shall then place the papers before the Civil Judge
having jurisdiction over the area in which the principal scat of the Appellate.
Authority is situated or where there are more than one Civil Judge for such
area, before the Principal Civil Judge. The case shall then be heard on that
point only by such Civil Judge or Principal Civil Judge as the case may be,
and such point shall be decided according opinion of the majority including
those who first heard it.
(2) The control over the administrative matters' of the Appellate Authority
shall vest with the judicial member.

(3) Notwithstanding anything contained in this Act, Legal Practitioners may

appear before the Appellate Authority].

301
[117****]

300
Inserted by Act No. 19/1986 Dated 8-5-1986
301
Omitted by Act 23/1977 w.e.f. 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

118. Appeals (1) 302[* * * ]

303
[(lA)' Save as otherwise provided in this Act from every decision or order
passed by the Tribunal under this Act, after the commencement of the
Karnataka
Land Reforms (Amendment) Act, 1986, an appeal shall lie to the Appellate
Authority; and the Appellate Authority shall send a copy of every order
passed b: it to the Tahsildar, the Secretary of the Tribunal and the parties
concerned.

(2) From every order passed by the Deputy Commissioner or 304[an officer
authorised under sub-section (1) of Section 77, the Assistant
Commissioner or the prescribed authority under Section 83] an appeal shall
lie to the Revenue Appellate Tribunal on such appeal shall be final .

305
[(2a) (* * * * *)]

306
[(2b) From every order passed by the Tahsildar, an appeal shall lie to the
Assistant Commissioner and the order of the Assistant Commissioner on
such appeal shall be final).]

(3) (4) (5) (6) 307[ * * * * ]

308
[l18A. Revision by the Divisional Commissioner.- The Divisional
Commissioner may of his own motion or on the application of any person at
any time call for and examine the record of any order passed by the
Assistant Commissioner against which no appeal lies or the record of any
order passed or proceeding recorded by the Tahsildar for the purposes of
satisfying himself as to the legality or propriety of such order as to the
302
Ibid
303
Inserted by Act No. 19/1986 Dated 8-5-1986
304
Substituted by Act 1 of 1979 with effect from 1-1-1979
305
Omitted by Act 1 of 1974 with effect from 1-3-1974
306
Inserted by Act 6 of 1970 with effect from 15-1-1970
307
Omitted by Act 23/1974 with ffect from 1-3-1974
308
Substituted by Act 1/1974 w.e.f. 1-3-1974

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

regularity of such proceeding and may pass such order with respect thereto
as he thinks fit:

Provided that no such order shall be made except after giving the person
affected a reasonable opportunity of being heard.]

119. Stay of execution of orders- (1)The [Tribunal or the] Deputy

Commissioner (or an officer authorised under sub-section (1) of section 77
or the
Assistant Commissioner or the authority under section 83 or the Tahsildar
may at any time before the expiry of the period prescribed for appeal and
pending the filing of the appeal, direct the stay of execution of any order
passed by such 309[ * * * ] 310[ officer or authority,] as the case may be, for
such period as it or he deems fit.

(2) Any authority before whom a case is pending in appeal may direct the
stay
of execution of the order appealed from for such period as it thinks fit.

(3) The 311 [* * *], Officer or other authority directing such stay of execution
of any order may impose such conditions, or order such security to be
furnished, as it or he may think fit.

120. 312 [* * *]
121. Orders in appeal:- The 313[Appellate Authority or the] Karnataka
Appellate Tribunal 314[or the Assistant Commissioner] in appeal may
confirm, modify or rescind the order in appeal or its execution or may pass
such other order as may seem legal and just in accordance with the
provisions of this Act.

309
Omitted Act No. 23/1977 w.e.f. 1-3-1974
310
Substitued by Act 1/1979 w.e.f. 1-1-1979
311
Omitted Act No. 23/1977 w.e.f. 1-3-1974
312
Omitted Act No. 23/1977 w.e.f. 1-3-1974
313
Inserted by Act No. 19/1986 Dt. 8-5-1986
314
Inserted by Act 1/1979 with effect from 1-1-1979

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(2) The orders of the 315 [Appellate Authority or the] Karnataka Appellate
Tribunal in appeal shall be executed in the same manner provided for the
execution' of orders under section 116.

316
[121A. Revision by the High Court.- The High Court may at any time
call for the records of any order or proceeding recorded by the Appellate
authority under this Act or any other law for the purpose of satisfying itself
as to the legality of such order or as to the regularity of such proceeding
and may pass such order with respect hereto as it thinks fit:

122. Limitation:- Every appeal under this Act shall be filed within a period
of sixty days from the date of the order of the 317[Tribunal or the] Deputy
Commissioner 318[or an officer authorised under sub-section (1) of section
77) or the Assistant Commissioner 319[ or the Prescribed authority or the
Tahsildar] when the party or the legal practitioner appearing on his behalf is
present at the time the order is pronounced, and in other cases within a
period of sixty days from the date on which the order is communicated to
the party by post. The provisions of section 4, 5, 12 and 14 of the 320
[Limitation Act, 1963] shall be applicable to such appeal.

Provided that no such order shall be made except after giving the person
affected a reasonable opportunity of being heard].
321
[122A. Review by the Tribunal.- Where the Tribunal, either suo motu
or otherwise, after such enquiry as it considers necessary is satisfied that
an order under sub-section (1) of section 67 has been obtained by fraud,
mis-representation, or suppression of facts or by furnishing false, incorrect
or incomplete declaration, it may, within a period of two years from the date

315
Inserted by Act No. 19/1986 Dt. 8-5-1986
316
Inserted by Act No. 19/1986 Dt. 8-5-1986
317
Inserted by Act No. 19/1986 Dated 8-5-1986
318
Inserted by Act 1/1979 w.e.f. 1-1-1979
319
Subs by Act 23/1977 with effect from 1-3-1974
320
Subs by Act 14/1965 with effect from 29-7-1965
321
Inserted by Act 1/1979 with effect from 1-1-1979

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

of such order or within 322[the 30th day of June 1984] whichever is later,
reopen the case and pass such order with respect thereto as it thinks fit:

Provided that no such order shall be made except after giving the person
likely
to be affected thereby a reasonable opportunity of being heard.]

123. Court Fees. 323[(1) Not withstanding anything contained in the

Karnataka Court fees and Suits Valuation Act, 1958, every application or
appeal made under this Act to the 324[Court], 325[Tahsildar], Assistant
Commissioner, Tribunal, Deputy' Commissioner, the 326 [District Court) or
the Karnataka Appellate Tribunal or other authority shall bear a court fee
stamp of such value as may be prescribed.
327
[(2) Notwithstanding anything contained in the Karnataka Court Fees and
Suits Valuation Act 1958 every appeal made under this Act to the Appellate
Authority shall bear a Court Fee Stamp of rupees fifty:

Provided that court fee payable in respect of every appeal filed against an
interlocutory order passed by the Tribunal shall be rupees twenty five:
Provided further that no such Court Fee shall be payable in respect of a
Writ Petition or a Writ Appeal transferred to the Appellate Authority under
section 19 of the Karnataka Land Reform (Amendment) Act 1986].

124. Enquiries and Proceedings :- All enquiries and Proceedings before

the 328[* * *] the Deputy Commissioner, [the Tribunal], [The Appellate
Authority], the Assistant Commissioner or [the Tahsildar], or the Karnataka
Appellate Tribunal shall be deemed to be judicial proceedings within the
meaning of section 193,219
322
Subs by Act No. 35/1985 Dated 27-9-1985
323
Renumbered by Act 19/1986 Dated 8-5-1986
324
Subs by Act 6/1970 w.e.f. 15-1-1970
325
Inserted by Act 6/1970 with effect from 15-1-1970
326
Subs by Act 6/1970 w.e.f. 15-1-1970
327
Inserted by Act No. 19/1986 Dated 8-5-1986
328
Omitted by Act 6/1970 with effect from 15-1-1970

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

and 228 of the Indian Penal Code.

CHAPTER X OFFENCES AND PENALTIES

125. Offences and penalties.- (1) Whoever contravenes any provision of

any of the sections mentioned in the first column of the following table
sha1l, on conviction, by a Magistrate, for each such offence be punished
with fine which may extend to the amount mentioned in that behalf in the
second column of the said table.

Section Fine which may be imposed

Rs.
Section 12 1,000
Section 33 500
Section 41 1,000
Section 129 250
329
[(lA) If any person who is under an obligation to furnish a declaration
under sub-section (4) of section 66 refuses or fails to furnish a declaration
within the period specified therefor under the said sub-section or furnishes
a declaration which he knows or has reason to believe to be false or
incomplete, he shall on conviction by a Magistrate be punished with
imprisonment which shall be not less than six months but which may
extend to one year or with fine which shall be five thousand rupees.]

(2) 330[Save as otherwise provided in sub-section (IA) if any person] who is

under an obligation to furnish a declaration under 331[Chapter IV or Chapter
V] refuses or fails to furnish the declaration within the period specified
therefor by or under this Act or furnishes any declaration which he knows,
or has reason to believe to be false, or incomplete, he shall, on conviction
by a Magistrate, be punished with fine which may extend to live hundred
rupees and with an additional line which may extend to ten rupees for every
day after the first conviction, during which the offences continues.
329
Inserted by Act No. 18/1976 with effect from 11-9-1966
330
Substituted by Act No. 18 of 1966 with effect from 11-9-1975
331
Substituted by Act No. 18 of 1966 with effect from 11-9-1975

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

Explanation.- If a false, incorrect or incompleted declaration has been
furnished, the offence shall be deemed to continue until a true, correct, and
complete declaration has been furnished.
332
[(2A) If any person who is under an obligation to furnish any 333 [return,
statement or] information under this Act or any rule made thereunder,
furnishes any 334 [return statement or] information which he knows or has
reason to believe to be false, he shall, on conviction by a Magistrate be
punished with fine which may extend to one thousand rupees.

(2B) If any person makes any declaration before the registering authority
under sub-section (1) of section 81A which he knows or has reason to
believe to be false, he shall on conviction by a Magistrate, be punished with
fine which may extend to one thousand rupees. .

(2C) If any person contravenes any provision of this Act which is not
punishable under any of the preceding sub-sections or wilfully contravenes
any lawful order passed under this Act, he sha1l, on conviction by a
Magistrate, be punished with fine which may extend to five hundred rupees.

(2D) If any person, after the date of vesting in the Government of any land
under any provision of this Act and before the disposal of such land under
this Act, cuts or causes to be cut trees on the land, or remove or causes to
be removed any building, machinery, plant or apparatus constructed,
erected or fixed on the land and used for agricultural purposes, or does or
causes to be done any act likely to diminish the utility of the land, he shall,
on conviction by a Magistrate, be punished with imprisonment for a term
which may extended to one year, or with fine which may extend to one
thousand rupees, or with both.]

(3) An offence for the contravention of the provisions of section 12, sub-
section (2) of section 33 or section 41 335[or an offence punishable under
332
Sub-sections (2A), (2B), (2C) and (2D) inserted by Act 14 of 1965 with effect from 29-7-1965
333
Substituted by Act No. 18 of 1966 with effect from 11-9-1975
334
Substituted by Act No. 18 of 1966 with effect from 11-9-1975
335
Inserted by Act 14 of 1965 w.e.f. 29-7-1965

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

sub-section (2D)] shall be cognizable.

CHAPTER XI
MISCELLANEOUS

126. Application or Act to Inams.- For the removal of doubt it is hereby

declared that the provisions of this Act in so far as they confer any rights
and impose obligations on tenants and landlords shall be applicable to
tenants holding lands in inam and other alienated villages or lands 336
[(including tenants referred to in section 8 of the Village Offices' Abolition
Act, 1961 but subject to the provisions of the said Act)] and to landlords
and inamdar holding in such villages or lands.

127. Legal assistance to poor tenants.- Subject to such rules as may be

made by the State Government, legal assistance may be provided by the
State Government in proceedings under this Act to tenants whose
pecuniary circumstances are such that legal assistance is in the opinion of
the State Government required by such tenants.
337
[127 A. Maximum amount payable under the Act.- Where a person is
entitled to the payment of an amount under section 47 and also under
section 72 other than under sub-section (6) thereof, then notwithstanding
anything contained in the said sections the amount payable to such person
shall not in the aggregate exceed rupees two lakhs.]

128. Disposal of fragments.- If as a result of vesting of any land in the

Government or the grant of any land by the 338[Deputy Commissioner] or
otherwise under the provisions of this Act, any area in excess of the
maximum extent of land which a person is entitled t~ hold under this Act
remains as a fragment, the [Deputy Commissioner] may, having regard to
the efficient use thereof for agricultural purposes, and notwithstanding the
provisions of section 63 or 64, permit such fragment to be held by the
owner of such fragment.
336
Inserted by Act 1 of 1979 with effect from 1-1-1979
337
Inserted by Act 1 of 1974 with effect from 1-3-1974
338

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

129. Persons in possession not to be dispossessed except under
lawful orders.(1) No landlord, tenant or other person lawfully in possession
of land shall, save in accordance with any law for the time being in force,
be dispossessed of such land by any person.

(2). If any person is dispossessed of any land in contravention of sub-

section (I), such person may within two years from the date of such
dispossession apply in writing to the 339[Tahsildar] complaining of such
contravention.

(3) On receipt of an application under sub-section (2), the 340[Tahsildar]

shall after holding an enquiry, and without prejudice to any action under
section 125, pass
such order on the application [as he deems fit] including a direction to the
person
contravening sub-section (1) for the payment of such compensation to the
person
dispossessed as the 341[Tahsildar] may determine.

130. Summary eviction.-Any person unauthorisedly occupying or

wrongfully
in possession of any land
(a) the transfer or acquisition of which either by the act of parties or
by the operation of law, is invalid under the provisions of this Act; or

(b) to the use and occupation of which he is not entitled under the
provisions of this Act and the said provisions do not provide for the
manner of eviction of such person, may be summarily evicted from
such land by the 342[Tahsildar] after such inquiry 343[ as he deems fit]

339
Substituted by Act 1 of 1974 with effect from 1-3-1974
340
Substituted by Act 1 of 1974 with effect from 1-3-1974
341
Ibid
342
Ibid
343
Ibid

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and the 344[Tahsildar] may make such orders as regards the disposal
of such land l[as he deems fit].

131. 345 [* * * ].
132. Bar of 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 346[* * *], the Deputy Commissioner, 347
[ an officer authorised under sub- section (1) of section 77, the Assistant
Commissioner, the prescribed authority under section 83] 348[the Tribunal],
349
[the Tahsildar], the Karnataka appellate Tribunal or the State
Government in exercise of their powers of control.

(2) No order of 350[ * * * * ], the Deputy Commissioner, 351[an officer

authorised
under sub-section (1) of section 77 the Assistant Commissioner, the
prescribed
authority under section 83], 352[the Tribunal], [the Tahsildar], the [Karnataka
Appellate Tribunal], or the State Government made under this Act shall be
questioned in any Civil or Criminal Court.
353
[133. Suits, Proceedings, etc., involving questions required to be
decided by the Tribunal.- (1) Notwithstanding anything in any law for the
time being in force

(i) no Civil or Criminal Court or officer or authority shall, in any suit,

case or proceedings concerning a land [* * *] decide the question
whether such land is or not agricultural land and whether the person
claiming to be in possession is or is not a tenant of the land said from
344
Ibid
345
Omitted by Act 1 of 1974 with effect from 1-3-1974
346
Omitted by Act 18 of 1976 with effect from 11-9-1975
347
Substituted by Act 1 of 1979 with effect from 1-1-1979
348
Inserted by Act 1 of 1974 with effect from 1-3-1974
349
Substituted by Act 6/1970 w.e.f. 15-1-1970
350
Omitted by Act 18 of 1976 with effect from 11-9-1975
351
Substituted by Act 1 of 1969 with effect from 1-1-1969
352
Inserted by Act 1 of 1974 with effect from 1-3-1974
353
Substituted by Act 27 of 1976 with effect

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prior to 1st March 1974;

(ii) such Court or officer or Authority shall stay such suit or

proceedings in so far as such question is concerned and refer the
same to j the Tribunal for decision;

(iii) all interim orders issued or made by such Court, officer or

Authority, whether in the nature of temporary injunction or
appointment of a Receiver or otherwise, concerning the land shall
stand dissolved or vacated, as the case may be;

(iv) the Tribunal shall decide the question referred to it under clause
(1) and communicate its decision to such Court, officer or Authority.
The decision of the Tribunal shall be final.

(2) Nothing in sub-section (1) shall preclude the Civil or Criminal Court or
the officer or authority from proceeding with the suit, case or proceedings
in respect of any matter other than that referred to in that sub-section.]

134. Control.- In all matters connected with the administration of this Act,
the State Government, shall have the same authority and control over 354[ *
* * *] the Deputy Commissioner and 355[other officers] acting under this Act
as it has and exercises over revenue officers in the general and revenue
administration.

135. Offences by companies.- (1) Where an offence under this Act is

committed by a company, the company, as well as every person in charge
of, and responsible to the company for the conduct of its business at the
time of the commission of the offence, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished
accordingly:

Provided that, nothing contained in this sub-section shall render any such
person liable to any punishment if he proves that the offence was
354
Omitted by Act 6 of 1970 with effect from 15-1-1970
355
Substituted by Act 6 of 1970 with effect from 15-1-1970

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committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence

under this Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or that the
commission of the offence is attributable to any neglect on the part of any
director, manager, secretary or other officer of the company, such director,
manager, secretary or other . officer shall also be deemed to be guilty of
that offence and shall be liable to be proceeded against punished
accordingly.

Explanation- For the purpose of this section

(a) "company" means a body corporate and includes a firm or other
association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.

136. 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.

137. Rules.- (1) The State Government may, after previous publication, by
notification, make rules for carrying out the purpose of this Act.

(2) In particular and without prejudice to the generality of the foregoing

power, such rules may provide for the following matters:
356
[(ii), (iii) and (iv)... [* * * * ]
(v) the manner of registering surrenders of tenancies in the office of the 357
[Tahsildar] under sub-section '(1) of Section 25;
(vi) the manner and the form in which a receipt is to be given by the

356
Omitted by Act 1 of 1974 with effect from 1-3-1974
357
Substituted by Act, 1 of 1974 with effect from 1-3-1974

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landlord-under sub-section (3) of Section 33;
358
[(vii) * * * * *]
(viii) the period within which the price shall be deposited with the 359
[Tahsildar] under sub-section (3) and the form of certificate to be issued
under sub-section (4) of section 29;
(ix) the form of application to the 360 [Tahsildar] under sub- section (1) of
section 40;
(x) theform of application to the 361 [Tahsildar] under section 41;
(xi) the form of application to the 362 [Tahsildar] under section 42; (xii) the
form of public notice under 363 [sub-section (2) of section 48A;]
(xiii) the number of installments in which the amount payable under the
bonds may be paid under section 51;
(xiv) 364 [ * * * * *]
365
[(xv) the period within which and the form in which declaration under
section 66 is to be filed;]
(xvi) 366[the enquiry to be made by the 367[Tribunal and the period within
which] the statement is to be filed under sub- section (3) of section 67;]
(xvii) the inquiry to be made under section 85;
(xviii) the form of application to the Registrar under section 89.
(xix) the other particulars to be prescribed under section 90;
(xx) the enquiry to be made under section 91;
(xxi)the conditions to be satisfied for withdrawal from membership under
sub-section (3), and the restrictions and conditions to be prescribed under
sub-section (4) of section 92;
(xxii) the manner of giving notice to a Co-operative Farm under section
95;
358
Omitted by Act 1 of 1974 with effect from 1-3-1974
359
Substituted by Act 1 of 1974 with effect from 1-3-1974
360
Substituted by Act 1 of 1974 with effect from 1-3-1974
361
Substituted by Act 1 of 1974 with effect from 1-3-1974
362
Substituted by Act 1 of 1974 with effect from 1-3-1974
363
Substituted by Act 1 of 1974 with effect from 1-3-1974
364
Substituted by Act 1 of 1974 with effect from 1-3-1974
365
Ibid
366
Substituted by Act 1/1974 w.e.f. 1-3-1974
367
.For the word "Tahsildar", the word "Tribunat" substituted by Act 23 of 1977 with effect from 1-3-1974.

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(xxiii) the rights and privileges to which a member of a Co- operative Farm
is entitled, the obligations and liabilities to which he is subject and the
duties he is bound to discharge under section 97;
(xxiv) the extent and manner of contribution by a member to a Cooperative
Farm under section 98;
(xxv) the terms and conditions for admissio!1 of members to a Co- opera-
tive Farm under section 100; .
(xxvi) the concessions and facilities to be given to a Co- operative Farm
to be prescribed under Section 102;
(xxvii) the court-fees 0 be prescribed under section 123;
(xxviii)the nature and extent of legal assistance to be given to tenants
under section 127 and the conditions subject to which such assistance may
be given;
368
[(xxix) the returns to be furnished by the Deputy Commissioner and other
officer entrusted with powers or functions under this Act the forms in which
books, entries and accounts shall be kept by the Deputy Commissioner and
such other officers;]
(xx) the correction of errors and omissions in orders or decisions under
this Act;
(xxxi) the fees payable for the grant of certificate, the inspection of
records, the grant of copies in respect of any function performed by
any authority under this Act;
(xxxii) the methods of serving notices and orders under this Act;
(xxxiii)any other matter expressly required or allowed by this Act to be
prescribed; (xxxiv)generally regulating the procedure to be followed and the
forms to be adopted in proceedings under this Act;
(xxxv)the fines which may extend to fifty rupees to be incurred for
contravention of any rule made under this Act;
(xxxvi) any other matter for which there is no provision or no sufficient
provision in this Act and for which provision is, in opinion of the State
Government necessary, for giving effect to the purposes of this Act.
369
[(3) In making rules under this section, the State Government may
provide that a contravention of any rule shall be punishable with fine which
may extend to one hundred rupees.
368
Substiuted by Act 6 of 1970 with effect from 15-1-1970
369
Added by Act 14 of 1965 with ffect from 29-7-1965

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(4) A rule under this Act may be made with retrospective effect and when
such rule is made the reasons for making the rule shall be specified in a
statement laid before both Houses of the Legislature. Subject to any
modification made under section 140 every rule made under this Act shall
have effect as if enacted in this Act.]

138. Act to prevail over other enactments.- This Act and any rule, order
or notification made or issued thereunder shall have effect notwithstanding
anything inconsistent therewith contained in any other enactment with
respect to matters enumerated in List II and List III of the Seventh Schedule
to the Constitution of India or in any instrument having effect by virtue of
any such other enactment.

139. Removal of difficulties.- (1) If any doubt or difficulty arises in giving

effect to the provisions of this Act, the State Government may, by
notification, make such provisions as appear to it to be necessary or
expedient for removing the doubt or difficulty.

(2) The provisions made by any notification under sub-section (1) shall,
subject to the provisions of section 140, have effect as if enacted in this
Act, and any such notification may be made so as to be retrospective to
any date not earlier than the appointed day.

140. Rules and notification to be laid before the State Legislature.-

Every rule made under this Act and every notification issued under sections
109, ] 10 and 139 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
successive sessions, and, if, before the expiry of the session in which it is
so laid or the session 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 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.

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141. Tenure Abolition Acts.- Nothing ill this Act shall affect the provisions
of
any of the Land Tenures Abolition Acts specified in Schedule II to the Act,
in so far as such provisions relate to the conferment of the right of an
occupant or grant of a ryotwari patta in favour of any inferior holder or
tenant in respect of any land
held by him.

142. Repeal and savings.- The enactments specified in Schedule III to this
Act, and any other provision of law corresponding to the provisions of this
Act, are hereby repealed:

Provided that save as otherwise provided in this Act such repeal shall not
affect-

(a) the previous operation of the said enactments or provisions of law

or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or
incurred under the said enactments of provisions of law; or
(c) any penalty, forfeiture or punishment incurred in respect of any
offence committed against the said enactments or provisions of law;
(d) any investigation, legal proceeding or remedy in respect of such
right, privilege, obligation, liability, penalty forfeiture or punishment as
aforesaid; and any such investigation, legal proceeding or remedy
may be instituted, continued or enforced and any such penalty
forfeiture or punishment may be imposed as if this Act had not been
passed;

Provided further that any reference in any enactment or other law or in any
instrument to any provision of any of the repealed enactments or provisions
of law shall, unless a different intention appears, be construed as a
reference to the corresponding provision of this Act.

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370
[(IA) Notwithstanding anything contained in sub-section (1) or in any law
in force in any area of the State of Karnataka at any time before the
commencement of this Act, the first proviso to the said sub-section or any
other provision of law shall not be applicable in so far as the said proviso or
provision of law will enable any person to evict from any agricultural land
any agriculturist protected from eviction from any land in his possession by
the Karnataka Tenants (Temporary Protection from Eviction) Act, 1961,
and no such agriculturist shall be liable to be evicted from such land except
in accordance with the provisions of this Act]

(2) Notwithstanding anything contained in sub-section (1), for the purpose

of giving effect to the first proviso to the said sub-section, the State
Government may, by notification, make such provisions as appears to it to
be necessary for expedient for making omissions from, additions to any
adaptations and modifications to the rules, notifications and orders made or
issued under the said repealed enactment had not been passed.

371
[SCHEDULE I]
PART A

[See Section 2(A) (35A)]

Classification of Lands

A Class
Lands having facilities for assured irrigation from such Government Canals
and Government Tanks as are 372[* * * ] capable of supply water for
growing two crops of paddy 3 [or one crop of sugarcane in a year.]

370
Inserted by Act 14 of 1965 with effect from 29-7-1965
371
Substituted by Act 1 of 1974 with effect from 1-3-1974
372
Certain words omitted by Act 1 of 1979 with effect from 1-3-1974

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B Class
(i) Lands having facilities for assured irrigation from Government Canals
and Government Tanks as are 373[* * *] capable of supplying water for
growing only one crop of paddy in a year.

(ii) Lands irrigated by such lift irrigation projects construct ed and

maintained
by the State Government as are 374[ * * *] capable of supplying water for
growing two crops of paddy 3[or one crop of sugarcane] in a year.

C Class
(i) Lands irrigated from any Government sources of irrigation including lift
irrigation projects constructed and maintained Government other than
those coming under A class and B Class

(ii) Land on which paddy crop can be raised or arec a crop grown with the
help of rain water.

(jii) Lands irrigated by lifting water from a river or Government canal 01

Government tank where the pumping installation or other device for lifting
water is provided and maintained by the land owner.

NOTE:- (1) Lands having facilities for irrigation from a Government source
where the system of water supply is suitable for growing only light irrigated
crop namely, crops other than paddy and sugarcane shall, come under this
class.

(2) Lands growing irrigated garden crop will come under Classes 'A','B' or
'C as the case may be depending upon the source of irrigation and the
system of water supply.

373
Ibid
374
Ibid

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D class
Lands classified as dry but not having any irrigation facilities from a
Government sources.

NOTE:- Lands growing paddy or garden crops not coming under A Class, B
Class or C Class shall belong to this class.

PART B
Formula for determining equivalent extent of different classes:

One acre of A class land having soil classification value above 8 annas =
1.3 acres of A Class land having soil classification value below 8 annas =
1.5 acres of B Class land having soil classification value above 8 annas =
2.0 acres of B Class land having soil classification value below 8 annas =
2.5 acres of C class land having soil classification value above 8 annas =
3.0 acres of C Class land having soil classification value below 8 annas =
5-4 acres of D class of Land].

SCHEDULE II
(See section 141)

The Bombay Personal Inams Abolition Act, 1952 (Bombay Act No. XLI of
1953).

2. The Bombay service Inams (Useful to Community) Abolition Act, 1953

(Bombay Act No. LXX of 1953).

3. The Bombay Merged Territories and Areas (Jagire Abolition) Act, 1953
(Bombay Act No. XXXIX of 1954).

4. The Bombay Merged Territories Miscellaneous Alienations Abolition Act,

1955(Bombay Act XXII of 1955).

5. The Hyderabad Abolition of INams Act, 1955 (Hyderabad Act VII of

1955)

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6. The Madras Estate (Abolition and Conversion into Ryotwari) Act, 1948
Madras Act XXVI of 1948).

7. The Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954

Mysore Act 1 of 1955

8. The Mysore (Religious and Charitable) Inams Abolition Act, 1955

(Mysore Act 18 of 1955).

9. The Bombay Paragosa and Kulkarni Watans (Abolition) Act, 1950

(Bombay Act No. LX of 1950).

10. The Karnataka Village Offices Abolition Act, 1961 (Karnataka Act No.
14 of 1961).]

SCHEDULE III

(See section 142)

1. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act
No. LXVII of 1948). .
2. The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad
Act XXI of 1950).

3. The Mysore Tenancy Act, 1952 (Mysore Act XIII of 1952).

4. The Bombay Tenancy (Suspension of Provisions and Amendment) Act,
1957 (Karnataka Act No. 13 of 1957). . .

5. The Coorg Tenants Act, 1957 (Karnataka Act No. 14 of 1957).

6. The Hyderabad and Madras Areas Tenancy (Suspension of Provisions

and Amendment) Act, 1957 (Karnataka Act No. 15 of 1957).

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7. The Madras Cultivating Tenants Protection Act, 1955 (Madras Act XXV
of 1955).

8. The Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956

(Madras
Act XXIV of 1956).

9. The Karnataka Tenancy (Amendment and Continuance of Tenancies)

Act, 1957 (Karnataka Act No. 16 of 1957).

10. Hyderabad Act 1 of 1336 Fasli.

375
[11. The Karnataka Tenants (Temporary Protection from Eviction) Act,
1961 (Karnataka Act 37 of 1961).]

THE KARNATAKA LAND REFORMS (SECOND AMENDMENT) ACT,

1967

KARNATAKA ACT No. 11 OF 1968

(First published ill the Karnataka Gazelle dated the Twenty- eighth day of
March 1968)

(Received the assent of the President on the Twentieth day of March

1968).

An Act further to amend the Karnataka Land Reforms Act, 1961.

Whereas it is expedient further to amend the Karnataka and Reforms Act,

1961 (Karnataka Act 10 of 1962).

Be it enacted by the Karnataka State Legislature in the Eighteenth Year of

375
Added by Act 14 of 1965 with effect from 29-7-1965

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the Republic of India as follows:

1. Short title and commencement:- (1) This Act may be called the
Karnataka
Land Reforms (Second Amendment) Act, 1967.

(2) It shall come into force at once.

(Sections 2, 3 and 4 incorporated in the Principal Act]

5. Certain certificates issued by the Land Tribunal in the Bombay Area

not to have effect:- (1) Any certificate issued by a Land Tribunal or a
Munsiff, exercising the powers and performing the duties and functions of a
Land Tribunal in the Bombay Area, prior to the coming into force of this Act,
in respect of any statement filed under section 14 of the principal Act,
without regard to the provisions of section 31-A, 31-B and 31-C of the
Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act LXVII of
1948), on the ground that those sections were not in force on 1st
November 1956, shall not have effect and such statement shall be deemed
to be pending and shall be disposed of by such Tribunal or Munsiff in
accordance with the provisions of the principal Act as amended by this Act.

(2) If any landlord has taken possession of land in pursuance of a

certificate referred to in sub-section (1) he shall, within three months from
the date of the commencement of this Act, restore possession of the land
to the tenant from whom it was taken; and if any landlord fails to restore
possession of any land to the tenant as required by this sub-section, he
shall, on conviction, be punishable with fine which may extend to two
hundred rupees. The Tahsildar' may also summarily evict the. I landlord
from the land and deliver possession thereof to the tenant and such tenant
shall hold the land on the same terms and conditions on which he held it at
the tin he was dispossessed.

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

THE KARNATAKA LAND REFORMS (AMENDMENT) ACT,1970

KARNATAKA ACT No.6 OF 1970

(First published ill the Karnataka Gazelle Extraordinary on the Twenty

seventh day of February 1970)
(Received the assent of the President on the Twenty-fifth day of February
1970).

An Act further to amend the Karnataka Land Reforms Act, 1961.

Whereas it is expedient further to amend the Karnataka Land Reforms Act

1961 (Karnataka Act No. 10 of 1962);

Be it enacted by the Karnataka State Legislature in the Twenty- first Year of

the Republic of India as follows:

1. Short title and commencement:- (1) This Act may be called the
Karnataka
Land Reforms (Amendment) Act, 1970.

(2) It shall be deemed to have come into force on the fifteenth day of
January 1970.
[Sections 2 to 31 incorporated in the Principal Act.]

32. Transfer of pending proceedings:- (1) All statements, applications

an, proceedings pending before a Tribunal or other judicial officer
exercising the powers and performing the duties and functions of a Tribunal
before the date of commencement of this Act, shall as from the said date
stand transferred to the Court as defined in the principal Act as amended
by this Act or the Tahsildar, as the case may be, and shall be continued
and disposed of by such Court or Tahsildar, as the case may be, in

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accordance wit h the principal Act as amended by this Act, as if such
statements applications and proceedings had been filed or commenced
before such Court or Tahsildar.

(2) As from the date of commencement of this Act, all appeals and
proceeding~ connected with it pending before the Appellate Authority
specified under sub-section (1) of section 118 as the Appellate Authority
before the commencement of this Act shall on that date stand transferred to
the District Court having jurisdiction over the area, and shall be continued
and disposed of by it as if such appeals had been filed before it

33. Validation:- (1) All proceedings taken and decrees and orders passed
before the commencement of this Act by the Tribunal exercising or
purporting to exercise jurisdiction to decide whether a person is a tenant or
not shall notwithstanding any judgment, decree or order of any Court be
deemed to be as good and valid in law as if the Tribunal exercising or
purporting to exercise such jurisdiction had been duly conferred with such
jurisdiction by the principal Act.

Explanation:- For purposes of this section "tenant" shall have meaning

assigned to it in the principal Act.

(2) Notwithstanding anything contained in the principal Act, where before

the date of commencement of this Act, statements and application filed or
proceedings pending before a Tribunal or Munsiff have been transferred to
a Munsiff or a new Tribunal, as the case may be, such statements,
applications or proceedings shall be deemed to have been validly
transferred and no order made by such Munsiff or Tribunal in respect of
such statements, applications or proceedings shall be questioned in any
Court only on the ground that such transfer was not in accordance with law

3) Notwithstanding anything contained in the principal Act prior to the date

of commencement of this Act, no order made by a member of a Tribunal
acting or purporting to act as a Tribunal under the principal Act shall be

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deemed to be invalid reason only that the Tribunal consisting of such
member had not been validly constituted.

34. Certain provisions of Karnataka Ordinance No.1 .of 1970 not to

have effect:- The amendments to clauses (6), (7), (13) and (32) of section
2, section 42, sub-sections (1), (2) and (3) of section 63 and Schedule I to
the principal Act, made by the Karnataka Land Reforms (Amendment)
Ordinance, 1970 (Karnataka ordinance No.1 of 1970) shall be deemed
never to have been made and the provisions of the above said clauses of
section 2, sections 42, 63 and Schedule I to be principal Act as they stood
prior to the said amendments shall and shall be deemed to continue to be
in force.

35. Repeal of Karnataka Ordinance No.1 of 1970:- The Karnataka Land

Reforms (Amendment) Ordinance 1970 (Karnataka Ordinance No.1 of
1970) is hereby repealed:

Provided that anything done or any action taken under the principal Act as
pended by the said Ordinance shall he deemed to have been done or taken
under principal Act as amended by this Act.

THE KARNATAKA LAND REFORMS (SECOND AMENDMENT AND

MISCELLANEOUS PROVISIONS) ACT, 1972.

KARNATAKA ACT No.4 OF 1972

(First published in the Karnataka Gazette Extraordinary on the First day of
August 1972)
(Received the assent of the President Oil the First day of August 1972)

An Act further to amend the Karnataka Land Reforms Act, 1961 and to
provide for certain other connected matters

Whereas it is expedient further to amend the Karnataka Land Reforms Act;

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1961 (Karnataka Act 10 of 1962) an to provide for certain other connected
matters:,
Be it enacted by the Karnataka Slate Legislature in the Twenty- third year
of the Republic of India as follows:- I
,
1. Short title and commencement:- (1) This Act may be called the
Karnataka Land Reforms (Second Amendment and Miscellaneous
Provisions) Act, 1972.
(2) It shall be deemed to have come into force on the Eleventh day 9f Mal
1972.
[Section 2 incorporated in the Principal Act]

3. Provision in respect of certain cases:- (1) Notwithstanding anything

contained in any law or in any judgment, decree or order of any court or
any other competent authority,-
(a) decree or orders for eviction of a tenant made in proceedings
instituted before the commencement of this Act which arc precluded
by the second proviso to sub-section (1) of section 22 of the principal
Act shall not have any effect and shall abate;
(b) if any landlord has before the commencement of this Act taken
possession of any land in pursuance of a decree or order for eviction
of a tenant made in any proceedings precluded by the second,
proviso to sub-section (1) of section 22 of the principal Act, he shall
within fifteen days from the said date restore possession of the land
to the tenant from whom possession was taken; and if any landlord
fails to restore possession of any land to the tenant as required by
this clause, the Tahsildar may, suo moto or on receipt of an
application for restoration of possession by the tenant, summarily
evict the landlord from the land and deliver possession thereof to the
tenant, and such tenant shall hold the land on the same terms and
conditions on which he held it at the time he was dispossessed.
(2) Where any landlord [ails to restore possession of the land to the tenant

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within fifteen days from the date of commencement of this Act as required
by clause , (b) of sub-section (1), he shall on conviction, be punished with
simple imprisonment which may extend to one month or with fine which
may extend to one thousand rupees or with both.
Explanation:- In this section, 'landlord' includes a person in possession of
land
whether as transferee or otherwise of such land.
376
[4. Certain eviction orders not to be executed:- Notwithstanding
anything contained in the principal Act, or in any decree or order of any
Court or Tribunal no order for restoration of possession of any land to the
land-lord on the ground of default in paying rent by the tenant shall be
executed if the tenant pays to the ,landlord in amount equal to the rent due
for a period of two years.
Explanation:- In this section, the expression 'landlord' and 'tenant' shall
have the same meanings as in the principal Act.

5. Repeal of Karnataka Ordinance No.1 of 1972:- The Karnataka Land

Reforms (Amendment and Miscellaneous Provisions) Ordinance, 1972
(Karnataka, Ordinance No.1 of 1972) as hereby repealed:

Provided that anything done or any action taken under the said Ordinance
shall be deemed to have been done or taken under the corresponding
provision of this Act.

THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 1973

KARNATAKA ACT No.1 OF 1974

(First published ill the Karnataka Gazette Extraordinary on the

First day of March 1974)
(Received the assent of the President 011 the Twenty-third
day of February 1974)

376
Repealed by Act 1 of 1974

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An Act further to amend the Karnataka Land Reforms Act, 1961.

Whereas it is expedient further to amend the Karnataka Land Reforms Act,

1961 (Karnataka Act 10 of 1962) for the purposes hereinafter appearing;
Be it enacted by the Karnataka Legislature in the Twenty-fourth year of the
Republic of India as follows:
1. Short title and commencement:- (1) This Act may be called the
Karnataka
Land Reforms (Amendment) Act, 1973.

(2) It shall come into force at once.

2. Declaration:- In pursuance of article 31 C of the constitution of India, it is

hereby declared that the provisions of this Act are enacted for giving effect
to the policy of the State towards securing the principles specified in clause
(b) and clause (c) of article 39 of the Constitution.

Sections 3 to 90 incorporated in the principal Act.

91. Disposal of pending proceedings:- (1) Notwithstanding anything

contained in the principal Act or in the Mysore General Clauses .Act, 1899,
the provisions of the principal Act as amended by this Act shall be
applicable to all proceedings commenced before the date of
commencement of this Act and pending before any Court, Tribunal or other
authority as if the principal Act as amended by this Act was in force when
the right accrued or liability was incurred and every Court, Tribunal or other
authority shall deal with the proceedings accordingly.

(2) All applications, statements and proceedings (including execution

proceedings and proceedings in appeal under the principal Act relating to

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resumption of land) 377[and matters connected therewith] pending before
any Court immediately before the date of commencement of this Act shall
not have any effect and shall abate:

Provided that applications or proceedings in respect of leases permitted by

section 5. of the principal Act as amended by this Act shall not so abate but
shall stand transferred to the Tahsildar or the concerned appellate
authority, as the case may be, and shall be disposed of by the Tahsildar or
the appellate authority as if they had been instituted or commenced before
him or it.
378
[(3) All applications or proceedings other than those referred to in sub-
section (2) which arc required to be decided or disposed of by the Tahsildar
or the Tribunal specified in the principal Act as amended by this Act.
(a) pending before any Munsiff Court' immediately before the date of
commencement or this Act shall with effect from that date stand
transferred to the Tahsildar or the Tribunal, as the case may be and
shall be disposed of by him or it as if they had been instituted or
commenced before him or it;
(b) having been disposed of by the Munsiff court; or pending in
appeal or revision, such appeal or revision shall abate without
prejudice to the question involved in the applications or proceedings
giving rise to such appeal or revision, being commenced afresh
before the Tahsildar or the Tribunal as the case may be, as if the
amendments made by this Act to the principal Act were in force at the
time the right for making such applications or commencing such
proceedings accrued.]

92. Repeal of section 4 of Karnataka Act 4 of 1972:- Section 4 of the

Karnataka Land Reforms (Second Amendment and Miscellaneous
Provisions) Act, 1972 (Karnataka Act 4 of 1972) is hereby repealed.
377
Inserted by Ac 1 of 1979
378
Substituted by Act 31 of 1974

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THE KARNATAKA LAND REFORMS (SECOND AMENDMENT AND
MISCELLANEOUS PROVISIONS) ACT, 1974

KARNATAKA ACT No. 31 OF 1974

(First published ill the Karnataka Gazette Extraordinary on the Twenty-third
day of September, 1974)
(Received the assent of the President all the Twenty-second day of
September, 1974)
An Act further to amend the Karnataka Land Reforms Act; 1961.
Whereas it is expedient further to amend the Karnataka Land Reforms Act,
1961 (Karnataka Act 10 of 1962) for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the Twenty- fifth Year of

the Republic of India as follows:

1. Short title and commencement:- (1) This Act may be called the
Karnataka
Land Reforms (Second Amendment and Miscellaneous Provisions) Act,
1974.

(2) It shall be deemed to have come into force on the third day of August,
1974.

2. Amendment of Section 133:- [Section 133 substituted by Act 27 of

1976.]

3. Disposal of certain pending proceedings etc.:- (1) Notwithstanding

anything in any law for the time being in force, the provisions of clause (a)
of sub-section (2) of section 133 of the Karnataka Land Reforms Act, 1961
(Karnataka Act 10 of 1962) as amended by this Act, shall be applicable to
all proceedings commenced before the date of commencement of this Act
and
(a) pending before any Civil Court;

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(b) pending in appeal or revision against the judgment or order of the
Civil Court; or
(c) finally disposed of by such courts after the first day of March 1974,
as if the said clause as amended by this Act was in force when the
right accrued or the liability was incurred and every such court shall
deal with the proceedings accordingly and any interim or final order
or judgment passed by such court or appellate authority shall be
reopened and the suit or the appeal shall be disposed of in
accordance with the said amended clause.

(2) Notwithstanding any judgment, decree or order of any Civil Court, the
Tribunal constituted under section 48 of the Karnataka Land Reforms Act,
1961 shall enquire into any claim for registration as occupant made by a
person who was a tenant within the meaning of the said Act immediately
prior to 1st March 1974 and who by reason of any such judgment, decree
or order has subsequent to the said date been dispossessed of the land of
which he was a tenant or is any way precluded from pleading his tenancy,
and direct, if the merits of the case so warrant, that such person be
registered, subject to the other provisions of the said Act, as occupant of
such land.

4. No temporary injunction without notice:-Notwithstanding anything in any

law, no civil court shall grant temporary injunction in respect of an
agricultural land except after service of notice of the application for the
same on the defendant.

5. Amendment of Section 91 of Karnataka Land Reforms

(Amendment) Act, 1973 (Karnataka Act 1 of 1974):- In Section 91 of
Karnataka Land Reforms

(Amendment) Act...1973 for sub-section (3), the following sub-section shall

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substituted, namely:

(3) All applications or proceedings other than those referred to in sub-

section (2) which are required to be decided or disposed of by the Tahsildar
or the Tribunal specified in the principal Act as amended by this Act,
(a) pending before any Munsiff Court immediately before the date of
commencement of this Act shall with effect from that date stand
transferred to the Tahsildar or the Tribunal, as the case may be and
shall be disposed of by him or it '.is if they had been instituted 01
commenced, before him or it;
(b) having been disposed of by the Munsiff Court, are pending in
appeal or revision, such appeal or revision shall abate without
prejudice to the question involved in the applications or proceedings
giving rise to such appeal or revision, being commenced afresh
before the Tahsildar or the Tribunal as the ease may be, as if the
amendments made by this Act to the principal Act were in force a the
time the right for making such applications or commencing sue!
proceedings accrued.

6. Repeal of Karnataka Ordinance No.6 of 1974:- The Karnataka Land

Reforms (Second Amendment) Ordinance, 1974 (Karnataka Ordinance
No.6 of 1974 ) is hereby repealed:

Provided that anything done or any action taken under the principal Act a
amended by the said Ordinance shall be deemed to have been done or
taken under the principal Act as amended by this Act.

THE KARNATAKA LAND REFORMS (SECOND

AMENDMENT) ACT, 1976

KARNATAKA ACT No.27 OF 1976

(First published ill the Karnataka Gazette Extraordinary on the Thirteenth
day of
March, 1976)
(Received tile assent of the President 011 the Twelfth day of March, 1976)

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An Act further to amend the Karnataka Land Reforms Act, 1961.
Whereas it is expedient further to amend the Karnataka Land Reforms Act
1961 (Karnataka Act 10 of 1962) for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the Twenty- seventh

Year of the Republic of India as follows:
1. Short title and commencement:- (1) This Act may be called the
Karnataka Land Reforms (Second Amendment) Act, 1976.
(2) It shall be deemed to have come into force on the sixteenth day of
,December, 1975.

2. Insertion of new section 48C:- [Incorporated in the principal Act.]

3. Amendment of Section 112:- [Incorporated in the principal Act.]

4. Substitution of new section for section 133:- [Incorporated in the
principal Act.]

5. Amendment of Forms 8 and 9:- [Incorporated in the principal Act.]

6. Validation:- Notwithstanding anything in any judgment, decree or order

of
any court or other authority,-
(i) notices issued prior to 1st January 1976 in Form 8 and 9 as they
stood before the amendment made by section 5 shall be deemed to
have been issued in Forms 8 and 9 as amended by the said Section;
(ii) every proceedings initiated before and taken by the Tribunal in
pursuance of such notices including orders passed shall be deemed
to have been initiated, taken and made as if notices had been issued
in Forms 8 and 9 as amended by section-5 and shall be deemed to
be valid and shall not be questioned in any court of law.

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7. Repeal of Karnataka Ordinance No. 24 of 1975:- [x x x]
THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 1978

KARNATAKA ACT No.1 OF 1979

(First published in the Karnataka Gazette Extraordinary on the First day of
January, 1979)
(Received the assent of the President on the Eighteenth day of December,
1978)

An Act further to amend the Karnataka Land Reforms Act, 1961.

Whereas it is expedient further to amend the Karnataka Land Reforms Act,
1961 (Karnataka Act 10 of 1962) for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the Twenty- ninth Year

of the Republic of India as follows:
1. Short title and commencement:- (1) This Act may be called the
Karnataka Land Reforms (Amendment) Ac\, 1978
(2) This section, sections 3, 10, 12 clause (1) of section 13, section 15,
clauses (1) and (3) of section 16, sections 17,
18,19,24,25,29,30,32,33,34,35,36,37,38, 39,40 and 43 shall come into
force at once and the other provisions shall be deemed to have come
into force on the first day of March, 1974. (Sections 2 to 42 incorporated in
the principal Act).
43. Validation, savings, etc.:- (1) All applications fiIed under section 48A
of the principal Act after 31st December 1974 and on or before the 30th
day of June, 1977 shall, notwithstanding anything contained in any
judgment, decree or order of any Tribunal or Court, be deemed to have
been filed according to law and shall have effect for all purposes as if they
had been filed under the said section 48A as . amended by this Act
accordingly,
(a) no order made by a Tribunal or any court rejecting such
application as invalid, only on the ground that sufficient cause has not
been shown for the delay in filing the same shall be deemed to be

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and always to have been of no legal effect whatsoever, and
(b) all such applications shall be deemed to be pending in such
Tribunal" " or Court and shall be disposed of in accordance with the
principal Act as amended by this Act.
(2) All applications under Section 7 of the principal Act, and proceedings
connected herewith,
(i) pending before a Tahsildar, immediately before the date of com-
mencement of section 1 of l his Act, shall, as and from the said date
stand transferred to the Tribunal and shall be continued and disposed
of by such Tribunal, in accordance with the principal Act as amended
by this Act, as if such applications and proceedings had been filed or,
commenced before such Tribunal;
(ii) having been disposed of by the Tahsildar, are pending in appeal
or revision, such appeal or revision shall abate and the applications
or proceedings giving rise to such appeal or revision, shall, stand, re-
opened and transferred to, and the questions involved therein shall
be commenced afresh before the Tribunal as if the amendments
made by this Act to the principal Act were in force at the time the right
for making such applications or commencing such proceedings
accrued.

THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 1981

KARNATAKA ACT No.3 OF 1982

(First published in the Karnataka Gazette Extraordinary on the sixth day of
March,
1982).
Received the assent of the President on the First Day of March, 1982

An Act to amend the Karnataka Land Reforms Act, 1961;

Whereas it is expedient further to amend the Karnataka Land Reforms Act,

1961 (Karnataka Act 10 of 1962) for the purposes hereinafter appearing;

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Be it enacted by the Karnataka State Legislature in the Thirty Second Year
of the Republic of India as follows:

1. Short title and commencement:- (1) This Act may be called the
Karnataka Land Reforms (Amendment) Act, 1981.

(2) This section, sections 6(2),11,13, 14, 17, 18 and 22 shall be deemed to
have come into force on the twenty-fifth day of November, 1980 and
Sections 3, 7, 15, 16 and 20 shall be deemed to have come into force on
the first day of March 1974 and Sections 4, 6(1), 8, 9, 10, 12, 19 and 21
shall be deemed to have come into force on the first day of January 1979
and Sections 2 and 5 shall come into force at once.
(Sections 2 to 20 incorporated in the Principal Act)

21. Amendment of Section 122A:- In Section 122A of the Principal Act,

for the words, "a period of one year from the date of commencement of
Section 1 of the Karnataka Land Reforms (Amendment) Act, 1978" the
words and figures "the 31st day of December 1981" shall be substituted.

22. Repeal and Savings:- (1) The Karnataka Land Reforms (Second
Amendment) Ordinance, 1980 (Karnataka Ordinance 16 of 1980) and the
Karnataka Land Reforms (Amendment) Ordinance, 1981 (Karnataka
Ordinance No. 9 of 1981) are hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under
the Principal Act as amended by the said Ordinance shall be deemed to
have been done or taken under the principal Act as amended by this Act.

THE KARNA TAKA LAND REFORMS (SECOND AMENDMENT)

ACT, 1982

KARNATAKA ACT No.1 OF 1983

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(First published in the Karnataka Gazelle Extraordinary on the First Day of
January 1983).
(Received the assent of the Governor on the 77lirtieth day of December,
1982)

An Act further to amend the Karnataka Land Reforms Act, 1961.

Whereas it is expedient further to amend the Karnataka Land Reforms Act,

1961 (Karnataka Act 10 of 1962) for the purposes hereinafter appearing;

Be it enacted by Karnataka State Legislature in the thirty-third year of the

Republic of India as follows:

1. Short title and commencement:- (1) This Act may be called the
Karnataka
Land Reforms (Second Amendment) Act, 1982.

(2) It shall be deemed to have come into force on the nineteenth day of
October, 1982.

(Amendment effected by sections 2 and 3 incorporated in the principal Act).

4. Repeal and Savings:- (1) The Karnataka Land Reforms (Second
Amendment) Ordinance, 1982 (Karnataka Ordinance 5 of 1982) is hereby
repealed.

(2) Notwithstanding such repeal anything done or any action taken under
the Principal Act as amended by the said Ordinance shall be deemed to
have been done or taken under the principal Act as amended by this Act.

THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 1984

KARNATAKA ACT No. 35 of1985

(First published ill the Karnataka Gazette Extraordinary on the Twenty

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Seventh day of September, 1985)
(Received the assent of the President of India on the Sixteenth day of
September 1985)

An Act to further to amend the Karnataka Land Reforms Act, 1961.

Whereas it is expedient further to amend the Karnataka Land Reforms Act,

1961 (Karnataka Act 10 of 1%2) for the purpose~ hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Thirty- fifth Year of
the Republic of India as follows:
1. Short title and commencement:- (1) This Act may be called the
Karnataka Land Reforms (Amendment) Act, 1984.

2. It shall come into force at once.

(Amendment effected in the Principal Act)

THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 1986

KARNATAKAACT No. 19 OF 1986
(First published in the Karnataka Gazette Extraordinary 364 on the Eighth
day of May, 1986)
(Received the assent of the Governor on the Seventh day of May, 1986)

An Act further to amend the Karnataka Land Reforms Act, 1961.

Whereas in the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of
1962), there is no provision for preferring an appeal against the order
passed by a Land Reform Tribunal;

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And whereas the High Court of Karnataka in W.P.No. 28441/1981 has
observed that the disposal of the cases by the Tribunals is not satisfactory
and to facilitate proper adjudication of disputes a provision in the Act for
preferring and appeal is desirable;

And whereas it is expedient further to amend the Karnataka Land Reforms

Act, 1961 (Karnataka Act 10 of 1962) for the purposes hereinafter
appearing;

Be it enacted by the Karnataka State Legislature in the Thirty- seventh

Year of the Republic of India as follows:
1. Short title and commencement:- (1) This Act may be called the
Karnataka Land Reforms (Amendment) Act, 1986.

(2) It shall be deemed to have come into force on the Sixth day of
December, 1985.

2. Amendment of Section 2:- In Section 2 of the Karnataka Land Reforms

Act, 1961 (Karnataka Act 10 of 1962) (hereinafter referred to as the
principal Act) after clause (4) of sub-section (A), the following clause shall
be inserted namely:

"(4a) Appellate Authority" means the Land Reforms Appellate Authority

constituted under section 116A

3. Amendment of Section 48A:- In section 48A of the principal Act, in sub-

section (6), the words "order of t he Tribunal under this section shall be final
and the" shall be omitted.

4. Amendment of Section 48C:- Sub-section (3) of section 48C of the

principal Act shall be omitted.
5. Amendment of Section 53:- In sub-section (1) of section 53 of the
principal Act, after the proviso, the following further proviso shall be
inserted, namely;

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"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 installments, which
fall due on or after the Seventeenth day of October, 1984".

6. Amendment of section 113:- Section 113 of the principal Act shall be

renumbered as sub-section (1) thereof and after sub- section (1) as so
renumbered, the following sub-sections shall be inserted, namely;

"(2) The Appellate Authority shall, for the purposes of the disposal of the
appeals before it, have the same powers as are vested in a Court of Appeal
under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), except
the following, namely:
(a) power of remanding the appeal to the Tribunal either for recording
fresh decision or for recording further evidence or for any other
purpose; ,
(b) power of referring any point or points for decision to the Tribunal;
(c) such other matters as may be prescribed;

(3) The State Government, may make rules for

(a) conferment of such other powers on the Appellate Authority as

may be considered necessary;
(b) regulating the practice and procedure of the Appellate Authority
and the conduct of its business."

7. Insertion of new Sections 116A and 116B:- After section 116 of the
principal Act, the following sections shall be inserted, namely:

"116A. Appellate Authority:- (1) The State Government shall, by

notification, constitute a Land Reforms Appellate Authority for each district

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or a part of a district or group of districts, as may be specified in the
notification, consisting of two members, of whom, one shall be an officer in
the, Cadre. of Civil Judge (hereinafter referred to as Judicial Member) and
the other, an officer not below the rank of a Deputy Commissioner and
includes a Civil Judge or Principal Civil Judge, as the case may be, to
whom a reference is made under section 116B.

(2) Subject to such conditions as may be prescribed, the State Government

shall, by notification, specify the principal seat of the Appellate Authority
and may likewise specify the other places, where the Appellate Authority
may also have sittings.

116-B. Conduct of Business of the Appellate Authority:- (1) Where the

members of an Appellate Authority hearing an appeal differ in opinion, on
any point material for the decision of the case, they shall state such point
and the judicial member shall then place the papers before the Civil Judge
having jurisdiction over the area in which the principal seat of the Appellate
Authority is situated or where there are more than one Civil Judge for such
area, before the Principal Civil Judge. The case shall then be heard on that
point only by such Civil Judge or Principal Civil Judge as the case may be,
and such point shall be decided according to the opinion of the majority
including those who first heard it.
(2) The control over the administrative matters of the Appellate Authority
shall vest with the judicial member.
(3) Notwithstanding anything contained in the Act, Legal Practitioners may
appear before the Appellate Authority".
8. Amendment of section 118:- In section 118 of the principal Act, before
sub-section (2), the following sub-section shall be inserted, namely;
"(IA) Save as otherwise provided in this Act, from every decision or order
passed by the Tribunal under this Act, after the commencement of the
Karnataka Land Reforms (Amendment) Act, 1986, an appeal shall lie to the
Appellate Authority; and Appellate Authority shall send a copy of every
order passed by it to the Tahsildar, the Secretary of the Tribunal and the
parties concerned.

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9. Amendment of section 119:- In section 119 of the principal Act in sub-
section (1), before the words "Deputy Commissioner", the words "Tribunal
or the" shall be inserted.

10. Amendment of section 121:- In section 121 of the principal Act, (a) in
sub-section (1), before the words "Karnataka Appellate Tribunal" the words
"Appellate Authority or the" shall be inserted, and

(b) in sub-section (2), before the words "Karnataka Appellate Tribunal", the
words "Appellate Authority or of the" shall be inserted.

11. Insertion of new section 121A:- After section 121 of the principal Act,
the following section shall be inserted, namely:

121A. Revision by the High Court:- The High Court may at any time call
for the records of any order or proceeding recorded by the Appellate
Authority under this Act or any other law for the purpose of satisfying itself
as to the legality of such order or as to the regularity of such proceeding
and may pass such order with respect thereto as it thinks fit;

Provided that no such order shall be made except after giving the person
affected a reasonable opportunity of being heard".
12. Amendment of section 122:- In section 122 of the principal Act, before
the words "Deputy Commissioner" the words, Tribunal or the" shall be
inserted.

13. Amendment of section 123:- Section 123 of the principal Act shall be
renumbered as sub-section (i) thereon and after sub- section (1) as to
renumbered, the following sub-section shall be inserted, namely:
"(2) Notwithstanding anything contained in the Karnataka Court Fees and
Suit Valuation Act, 1958, every appeal made under this Act to the Appellate

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Authority shall bear a Court Fee Stamp of rupees fifty;

Provided that Court fee payable in respect of every appeal filed against an
interlocutory order passed by the Tribunal shall be rupees twentyfive:

Provided further that no such Court Fee shall be payable in respect of a

Writ Petition or a Writ Appeal transferred to the Appellate Authority under
section 19 of the Karnataka Land Reforms (Amendment) Act, 1986".

14. Amendment of section 124:- In section 124 of the principal Act, after
the words "the Tribunal" the words and "the Appellate Authority", shall be
inserted.
15. Amendment Act 1 of 1955:- In the Mysore (Personal and
Miscellaneous), Inams Abolition Act, 1954 (Mysore Act 1 of 1955).

(1) After clause (1) of sub-section (I) of section 2, the following shall be
inserted, namely:
"(1a) “Appellate Authority" means the Appellate Authority constituted under
section 116A of the Karnataka Land Reforms Act, 1961".

(2) in section 10,-

(a) in clause (c) of sub-section (3), the words "and the decision of the
Tribunal shall be final", shall be omitted.
(b)after sub-section (3), the following shall be inserted namely:
“(4) (a) From every decision or order passed by the Tribunal under
this Act, after the commencement of the Karnataka Land Reforms
(Amendment) Act, 1986, an appeal shall lie to the Appellate Authority,
and the Appellate Authority shall send a copy of every order passed
by it to the Tahsildar, the Secretary of the Tribunal and the parties
concerned.
(b) The provisions of the Karnataka Land Reforms Act, 1961 ap-
plicable to enquiries, proceedings and conduct of business of the

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Appellate Authority under the said Act, including provision of section
121A thereof, mutatis mutandis, apply to enquiries, proceedings and
conduct of business of the Appellate Authority under this Act".

(3) In section 12, the words "and such decision shall be final" shall be
omitted.
(4) In sub-section (1) of Section 32, the words "and the decision of the
Tribunal shall be final" shall be omitted.
16. Amendment of Mysore Act 18 of 1955:- In Mysore (Religious and
Charitable) Inams Abolition Act, 1955 (Mysore Act 18 of 1955),
(1) After clause (1) of sub-section (1) of section 2, the following shall be
inserted, namely:
"(la) 'Appellate Authority' means the Appellate Authority constituted under
section 116A of the Karnataka Land Reforms Act, 1961".

(2) In section 9,
(a) in clause (c) of sub-section (2), the words "and the decision of the
Tribunal shall be final" shall be omitted;
(b) after sub-section (2), the following sub-section shall be inserted,
namely:

“(3) (a) From every decision or order passed by the Trihunal, under this
Act, after the commencement of the Karnataka Land Reforms
(Amendment) Act, 19Ro, an appeal shall lie to the Appellate Authority and
the Appellate Authority shall send a copy of every order passed by it to the
Tahsildar, the Secretary of the 'Tribunal and the parties concerned.
(b) The provisions of the Karnataka Land Reforms Act, 1961 applicable to
enquiries, proceedings and conduct of business of the Appellate Authority
under the said Act including the provision of section 121A thereof shall,
mutatis mutandis, apply to enquiries, proceedings and conduct of business
of the Appellate Authority under this Act"
(3) In section 11, the words "and such decision shall be final" shall be

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omitted.

(4) in sub-section (1) of section 30, the words "and the decision of the
Tribunal shall be final" shall be omitted.
17. Amendment of Karnataka Act 54 of l976:- In the Karnataka (Sandur
Area) Inams Abolition Act, 1976, (Karnataka Act 54 of 1976),
(1) After clause (a) of sub-section (1) of section 2, of the following shall be
inserted, namely:
"(aa) 'Appellate Authority' means the Appellate Authority constituted
under section 116A of the Karnataka Land Reforms Act, 1961". '
(2) section 10 shall be renumbered as sub-section (1) thereof and after
sub-section (1) as, so renumbered, the following sub-section shall be
inserted, namely:- '

"(2) (a) From every decision or order passed by the Tribunal under this Act
after the commencement of the Karnataka Land Reforms (Amendment)
Act, 1986, an appeal shall lie to the Appellate Authority, and the Appellate
Authority shall send a copy of every order passed by it to the Tahsildar, the
Secretary of the Tribunal and the parties concerned.

(b) The provisions of the Karnataka, Land Reforms Act, 1961 applicable to
enquiries, proceeding and conduct of business of the Appellate Authority
under the said Act including the provision of section 121A thereof shall
mutatis mutandis apply to enquiries, proceedings and conduct of business
of the Appellate Authority under this Act".

18. Amendment for Karnataka Act 10 of 1978:- In the Karnataka Certain

Inams Abolition Act, 1977 (Karnataka Act 10 of 1978),
(1) After clause (a) of sub-section (1) of section 3, the following shall be
inserted, namely:
"(aa) 'Appellate Authority' means the Appellate Authority constituted under
section 116A of the Karnataka Land Reforms Act, 1961."

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(2) Section 11 shall be renumbered as sub-section (1) thereof and after
sub-section (1) as so renumbered, the following sub-section shall be
inserted, namely:-

"(2) (a) From every decision or order passed by the Tribunal under this Act
after the commencement of the Karnataka Land Reforms (Amendment)
Act, 1986 an appeal shall lie to the Appellate Authority, and the Appellate
Authority shall send a copy of every order passed by it to the Tahsildar, the
Secretary of the Tribunal and the parties concerned.

(b) The provisions of the Karnataka Land Reforms Act, 1961 applicable to
enquiries, proceedings and conduct of business of the Appellate Authority
under the said Act including the provision of section 121-A thereof shall,
mutatis mlltmldis apply to enquiries, proceedings and conduct of business
of the Appellate Authority under this Act."

19. Transfer of pending proceedings:- The High Court may, if it deems

fit, transfer to the Appellate Authority having jurisdiction, a writ petition
preferred to it against an order passed by the Tribunal, under any
Karnataka Land Reforms Act, 1961 or under any other law, either before or
after the coming into force of the Karnataka Land Reforms (Amendment)
Act, 1986 in which rule has been issued by it after condoning the latches, if
any and any appeal preferred against the orders passed in such writ
petition and admitted by it, pending before it. On such transfer, the writ
petition or as the case may be, the writ appeal shall, notwithstanding
anything contained in this Act, be deemed to be an appeal filed before the
Appellate Authority and the parties thereof may be permitted to amend their
pleadings in such manner as they may deem fit.

20. Repeal and Savings:- (1) The Karnataka Land Reforms (Amendment)
Ordinance, 1985 (Karnataka Ordinance 18 of 1985) is hereby repealed.

(2) Notwithstanding such repeal anything done or any action taken under
the principal Act as amended by the said Ordinance shall be deemed to
have been done or taken under the principal Act as amended by this Act.

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THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 1990
KARNATAKA ACT NO. 18 OF 1990

(First published in the Karnataka Gazette, Extraordinary, on the Eighth

day of October, 1990)
(Received the assent of the Governor on the Thirteenth day of
September, 1990)

An Act further to amend the Karnataka Land Reforms Act, 1961.

Whereas it is expedient further to amend the Karnataka Land Reforms

Act, 1961 (Karnataka Act No. 10 of 1962), for the purposes hereinafter
appearing.
Be it enacted by the Karnataka State Legislature in the Forty-first Year of
the Republic of India, as follows.
1. Short title and commencement.-(I) This Act may be called the
Karnataka Land Reforms (Amendment) Act, 1990.
(2) It shall come into force at once.
2. Amendment of Section 2.-In sub-section (A) of Section 2 of the
Karnataka Land Reforms Act, 1961. (Karnataka Act No. 10 of 1962)
(hereinafter referred to as the principal Act), clause (4-a) shall be omitted.
3. Amendment of Section 48-A.-In sub-section (6) of Section 48-A of the
principal Act, for the words "the Tribunal shall" the words "The order of the
Tribunal under this section shall be final and the Tribunal shall", shall be
substituted.
4. Amendment of Section 48-C.-In Section 48-C of the principal Act, after
sub-section (2), the following shall be inserted, namely.
"(3) Subject to the provisions of sub-section (2), the order of the
Tribunal shall be final.".
5. Amendment of Section 113.-In Section 113 of the principal Act, sub-
sections (2) and (3) shall be omitted.

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6. Omission of Sections 116-A and ll6-B.-Sections 116-A and 116-B of
the principal Act shall be omitted.
7. Amendment of Section 118.-In Section 118 of the principal Act sub-
section (I-A) shall be omitted.:
8. Amendment of Section 119.-In sub-section (1) of Section 119 of the
principal Act, the words "Tribunal or the" shall be omitted.
9. Amendment of Section 121.-In Section 121 of the. Principal Act.
(a) in sub-section (1), the words "Appellate Authority or the" shall be
omitted;
(b) in sub-section (2), the words "Appellate Authority or the" shall be
omitted;
10. Amendment of Section 122.-ln Section 122 of the principal Act, the
words "Tribunal or the" shall be omitted.
11. Amendment of Section 123.-For sub-section (2) of Section 123 of the
principal Act, the following shall be substituted, namely.
"(2) Notwithstanding anything contained in the Karnataka Court Fees and
Suits Valuation Act, 1958 (Karnataka Act No. 16 of 1958), no Court fee
shall be payable on every appeal treated as a writ petition by the High
Court under Section 17 of the Karnataka Land Reforms (Amendment) Act,
1990."
12. Amendment of Section 124.-In Section 124 of the principal Act, the
words "the Appellate Authority" shall be omitted.
X X X X X.
17. Pending proceedings;-The High Court on the application filed by the
appellant (which expression shall also include the petitioners of the writ
petitions and appellants of the writ appeals transferred to the Appellate
Authority), before the expiry of ninety days from the commencement of the
Karnataka Land Reforms (Amendment) Act, 1990, whose appeal was
pending immediately before such commencement, before such authority,
may if it deems fit, and after condoning the latches, if any, treat such
appeal as a writ petition or as the case may be a writ appeal preferred to
the High Court against the order passed by the Tribunal under the principal

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Act.

18. Validation.-Notwithstanding anything contained h, Section 67 of the

principal Act, all proceedings taken and orders passed, before the
commencement of the Karnataka Land Reform& (Amet1dment) Act, 1990
by the Appellate Authority constituted under Section 116-A of the principal
Act, exercising or purporting to exercise jurisdiction to determine the extent
of the holding and the area by which such extent exceeds the ceiling area
under Section 67 of the principal Act shall notwithstanding any judgment,
decree or order of any Court, be deemed to be as good and valid in law as
if the Appellate Authority, exercising or purporting to exercise such
jurisdiction had been duly conferred with such jurisdiction by the principal
Act.
19. Power to remove difficulty.-If any difficulty arises in giving effect to
the provisions of the principal Act, as amended by this Act, the State
Government may by notification in the Official Gazette make - such
provisions as may appear to it to be necessary or expedient for removing
the said difficulty:

Provided -that no such order shall be made after the expiry of a period of
two years from -the date of commencement of this Act.-:

THE KARNATAKA LAND REFORMS (SECOND AMENDMENT) ACT,

1990
KARNATAKA ACT No. 1 OF 1991
(First published in the Karnataka Gazette, Extraordinary on the Fifth day
of February, 1991)
(Received the assent .of the Governor on the Second day of February,
1991)

An Act further to amend the Karnataka Land Reforms Act, 1961.

Whereas it is expedient further to amend the Karnataka Land Reforms Act,

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1961 (Karnataka Act No. 10 of 1962) for the purposes hereinafter
appearing;
Be it enacted by the Karnataka State Legislature in the Forty-first Year of
Republic of India, as follows.
1. Short title and commencement.-(l) This Act may be called the
Karnataka Land Reforms (Second Amendment) Act, 1990.
(2) It shall come into force at once.
2. Amendment of Section 2 -In sub-section (A) of Section 2 of the
Karnataka Land Reforms Ad, 1961 (Karnataka Act No. 10 of 1962)
(hereinafter referred to as the principal Act).

(1) in clause (25), the word "cocoa" shall be omitted.

(2) in clause (31), for the words "four thousand and eight hundred rupees",
the words "ten thousand rupees", shall be substituted;
(3) in clause (31-A), for the words "while engaged in operations for the
defence of India", in the-two places where they occur, the words "while in
service as such soldier", shall be substituted.
3. Amendment of Section 5.-In sub-section (3) of Section 5 of the
principal -Act, for the word "granted", the word "created" shall be
substituted.

4. Amendment of Section 8.-In Section 8 of the principal Act, after the

third proviso, the following shall be inserted, namely.-
"Provided also that the rent payable by a tenant to the soldier or seaman
shall be.-
(a) in the case of A or B class of land one-fourth of the gross produce or its-
value in cash which in any case shall not exceed rupees five hundred- per
acre; and
(b) in the case of any other class of land, one-fifth of the "gross produce or
its value in cash whicl1 in any case shall not exceed rupees two hundred
arid -fifty per acre;

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or the contract rent whichever is less.

Explanation.-For the purpose of this proviso, the gross produce per acre
or its value in cash shall be determined as may be prescribed".

5. Amendment of Section 15.-In sub-section (5) of Section 15 of the

principal Act, after the words "within such time as may be specified in the
notice" the wotc" "which shall not be less than the prescribed period", shall
be inserted.

6. Amendment of Section 19.-In Section 19 of the principal Act, in the

second proviso, for the words "while engaged in the operations for the
defence of India", the words "while in service" shall be substituted.

7. Amendment of Section 35.-In Section 35 of the principal Act, in sub-

section (2), for the words and figures "Section 22", the words and figures
"Section 15 or 22", shall be substituted. .

8. Amendment of Section 48.-Sub-section (8) of Section 48 of the

principal Act shall be omitted.

9. Amendment of Section 51.-In Item (i) of the second proviso to clause

(b) of Section 51 of the principal Act, after the word "minor", the words "a
person who has attained the age of sixty-five years", shall be inserted.

10. Amendment of Section 53.-In the second proviso to sub-section (1) of

Section 53 of the principal Act, for the words and figures "he shall be
exempted from paying the installments which falls due on or after the
Seventeenth day of October, 1984", the words and figures "he shall. be
exempted from paying the premium and installments mere of which falls
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" shall be substituted.

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11. Amendment of Section 77.-In sub-section (1) of Section 77 of the
principal Act, for clause- (iv), the following shall be substituted, namely.

"(iv) landless person whose gross annual income does not exceed rupees
four thousand and eight hundred and ex-Military personnel whose gross
annual income does not exceed rupees twelve thousand."

12. Amendment of Section 79-A.-In sub-section (1) of Section 79-A.

Of the principal Act, for the words "twelve thousand", the words "fifty
thousand", shall be substituted.

13. Amendment of Section 107.-In clause (Hi) of sub-section (I) of

Section 107- of the principal Act, after the words "the Central Government
or both", the words "an Agricultural Research Institution recognised by the
State Government or the Central Government", shall be inserted.

14. Amendment of Karnataka Act 18 of 1990.-In the Karnataka Land

Reforms (Amendment) Act, 1990 (Karnataka Act No. 18 of 1990), in
Section 17, for the words "before the expiry of ninety days from the
commencement of the Karnataka Land Reforms (Amendment) Act, 1990,
whose appeal was' pending immediately before the commencement", the
words "on or before Thirty-first day of March, 1991, whose appeal was
pending immediately before the commencement of the Karnataka Land
Reforms (Amendment) Act, 199O", shall be and shall be deemed always to
have been substituted.

THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 1991

KARNATAKA ACT No. 31 OF 1991

(First published in the Karnataka Gazette, Extraordinary on the Thirteenth

day of November, 1991)

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(Received the assent of the Governor on the Nineth day of November,
1991)

An Act further to amend the Karnataka Land Reforms Act, 1961.

Whereas it is expedient further to amend the Karnataka Land Reforms Act,
1961 (Karnataka Act No. 10 of 1962) for the purposes hereinafter
appearing;
Be it enacted by the Karnataka State Legislature in the Forty-second Year
of the Republic of India, as follows.
1. Short title and commencement.-(I) This Act may be called the
Karnataka Land Reforms (Amendment) Act, 1991.
(2) Section 2 shall be deemed to have come into force with effect from 5th
day of February, 1991 and the remaining provisions shall be deemed to
have come into force on the Fifth day of August, 1991.
2. Amendment of Section 79-A.- Insub-section (2) of Section 79-A of the
Karnataka Land Reforms Act, 1961 (Karnataka Act No. 10 of 1962)
(hereinafter referred to as the principal Act), for the words. "twelve
thousand" wherever they occur, the words "fifty thousand" shall be
substituted.
3. Amendment of Section 81.- In clause (a) -of sub-section (1) of Section
81 of the principal Act after- the won! "Government" and the punctuation
marks, the following shall be and -shall be deemed to have been inserted
with effect from the First day of Jan\1ary, 1988, namely:

"The Karnataka Housing Board constituted under the Karnataka Housing

Board Act, 1962 (Karnataka Act No. 10 of 1963), the Industrial Areas
Development !3oard constituted under the Karnataka Industrial Areas
Development Act, 1966 (Karnataka Act No. 18 of 1966), the Karnataka
Slum Clearance Board established under the Karnataka Slum Areas
(Improvement and Clearance) Act, 1973 (Karnataka Act No. 33 of 1974),
the Bangalore Development Authority constituted under the Bangalore
Development Authority Act, 1976 (Karnataka Act No. 12 of 1976), a

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Nagarabhivruddhi Pradhikara constituted under the Karnataka
Nagarabhivruddhi Pradhikaragala Adhiniyama, 1987 (Karnataka Act No. 34
of 1987)."

4. Repeal and Savings.-(I) The Karnataka Land Reforms (Amendment)

Ordinance, 1991 (Karnataka Ordinance 7 of 1991) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under
the principal Act, as amended by the said Ordinance, shall be deemed to
have been done or taken under the principal Act, as amended by this Act.

THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 1992

KARNATAKA ACT No.9 OF 1992
(First published in the Karnataka Gazette, Extraordinary on the Twenty-first
day of April, 1992)
(Received the assent of the Governor on the Twentieth day of April, 1992)
An Act further to amend the Karnataka Land Reforms Act, 1961.
Whereas it is expedient further to amend the Karnataka Land Reforms Act,
1961 (Karnataka Act No. 10 of 1962), for the purposes hereinafter
appearing;
Be it enacted by the Karnataka, State Legislature in the Forty-third Year of
the Republic of India, as follows.
1. Short title and commencement-(I) .This Act may be called the
Karnataka Land Reforms (Amendment) Act, 1992.

(2) It shall come into force at once.

2. Amendment of Section 77.-In sub-section (1) of Section 77 of the
Karnataka Land Reforms Act; 1961 (Karnataka Act No. 10 of 1962)
(hereinafter referred to as he principal Act), for the word. "fifty", the word
"seventy-five" shall, be substituted.
3. Substitution of Section 109- For Section 109 of the .principal Ad, the'

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following shall be substituted, namely.-
"109. Certain lands to be exempt from certain provisions.:(l) Subject to
the provisions of Karnataka Town and Country Planning Act, 1961
(Karnataka Act No. 11 of 1963) and such conditions and restrictions as
may be specified, the State Government, l1:lay, by notification, exempt.
(i) from the provisions of Section 79-A or 79-B or Section 80, any land in
any area to be used for industrial development; or.
(ii) in the case of educational institution recognised by the State, or Central
Government, from the provisions of Section 79-A or 79-B or 80, any land in
any area to be used for non-agricultural purpose:
Provided that the extent of hind in respect of which exemption is granted
shall, in no case, exceed two units fr industrial development and one unit
for non-agricultural purpose.
(2) Where any condition or restriction specified in the Notification under
sub-section (1), has been contravened, the State Government may, after
holding an enquiry as it deems fit, cancel the exemption granted under that
sub-section and the land in respect of which such cancellation has been
made, shall, as penalty be forfeited to and vest in the State Government
free from all encumbrances. No amount is payable therefor."
4. Amendment of Section 122-A.-In Section 122-A of the principal Act, for
the words, letter and figures "30th day of June, 1984", the words, letters
and figures "31st day of December, 1995" shall be and shall be deemed
always to have been substituted.

THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 1995

KARNATAKA ACT No. 31 OF 1995
(First published in the Karnataka Gazette, Extraordinary on the Twentieth
day of October, 1995)
(Received the assent of the Governor on the Twentieth day of October,
1995).

An Act further to amend the Karnataka Land Reforms Act, 1961.

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Whereas it is expedient further to amend the Karnataka Land Reforms. Act,
1961 (Karnataka Act No. 10 of 1962) for the purposes hereinafter
appearing;

Be it enacted by the Karnataka State Legislature in the Forty-sixth year of

the Republic of India, as follows.-
1. Short. title and commencement.-(1) This Act may be called Karnataka
Land Reforms (Amendment) Act, 1995;
(2) Section 8 shall come into force from such date as the State Government
may by notification appoint and remaining provisions shall come into force
at once.
2. Amendment of Section 2.-In Section 2 of the Karnataka Land
Reforms Act, 1961 (Karnataka Act No. 10 of 1962) (hereinafter referred to
as the principal Act) in subsection (A).
(i) in clause (1), sub clause' .(a) shall be renumbered as sub-clause (aa)
therof and before sub-clause (aa) as so renumbered, the following shall be
inserted, namely.
(a) "acquaculture."
(ii) clause (14) shall be omitted.
3. Amendment of Section 5.-In Section 5 of the principal Act, for sub-
section (2), the following shall be substituted, namely.
"(2) Nothing in sub-section (1) shall apply to.
(a) 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 landowners or persons registered c s occupants
under the provisions of this Act, for the ['.1lpOse of utilizing 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 there of shall be sent to the
Deputy Commissioner within fifteen days from the date of such registration.

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4. Amendment of Section 48-A.-After the proviso to sub-section (6) of
Section 48-A of the principal Act, the following -proviso shall be inserted,
namely.
"Provided further that the Tribunal ay 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 concerned parties."

5. Amendment of Section 61.-In Section 61 of the principal Act.

(a) in sub-section (1), the words "subject to condition that no fragment shall
be created by any such partition", shall be omitted.
(b) in sub-section (3), for tI1ewords "rulesrelating to grant of Government
lands", the words and figures "provisions of Section 77", shall be
substituted.
6. Amendment of Section 63.-In Section 63 of the principal Act, after sub-
section (2), the following shall be inserted, namely.
"(2-A) The ceiling area for a person who is tenant under clause
(b) of sub-section (2) of Section 5 shall be forty units."

7. Amendment of Section 79-A.-In Section 79-A of the principal Act.

(i) in sub-section (1), for the words "Amendment Act", the words "the
Karnataka Land Reforms (Amendment) Act, 1995", shall be substituted;
(ii) for the words "fifty thousand" wherever they occur, the words "two
lakhs" shall be substituted.
8. Amendment of Section 109.-In Section 109 of the principal Act, for sub-
section (1), the following shall be substituted, namely.
"(1) Subject to such rules as may be prescribed and the provisions of the
Karnataka Town and Country Planning Act, 1961 (Karnataka Act No. 11 of
1963), the State Government may, by notification, exempt, any land in any
area from the provisions of Sections 63, 79-A, 79-8 or 80 to be used for.
(i) industrial development, the extent of which shall not exceed twenty units;
(ii) educational institutions recognised by the State or Central Government

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to be used for non- agricultural purpose the extent of which shall not
exceed four units;
(iii) Places of worship to be specified by Government by notification which
could established or constructed by a recognised or registered body for
non-agricultural purpose, the extent of which shall not exceed one unit.
(iv) a housing project, approved by the State Government the extent of
which shall not exceed ten units;
(v) the purpose of horticulture including floriculture and agro based
industries the extent of which shall not exceed twenty units.
(I-A) Notwithstanding anything contained in sub-section (1), the State
Government may in public interest and for reasons to be recorded in
writing, by notification, -except -any extent of land for any specific purpose."

THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 1996

KARNATAKA ACT No.8 OF 1996
(First published in the Karnataka Gazette, Extraordinary, on the Twenty-
eight day of March, 1996)
(Received the assent of the Governor on the Twenty-eighth day of March,
1996)
An Act further to amend the Karnataka Land Reforms Act, 1961.
Whereas, it is expedient further to amend the Karnataka Land Reforms Act,
1961 (Karnataka Act 10 of 1962) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Forty-seventh year
of the Republic of India as follows;
1. Short title and commencement-(1) This Act may be called the
Karnataka Land Reforms (Amendment) Act, 1996.
(2) It shall be deemed to have come into force with effect from the twentieth
Jay of October, 1995.
2. Amendment of Section 109,--In Section 109 of the Karnataka Land
Reforms Act, 1961 (Karnataka Act 10 of 1962) (hereinafter referred to as
the Principal Act), in sub-section (1-A), for the words ''by notification,
exempt any extent of land", the words, figures, brackets and letters ''by

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notification and subject - to the provisions of the Karnataka Town and
Country Planning 4ct, 1961 (Karnataka Act 11 of 1963) and such
restrictions and condition~ as may be specified by it, exempt any extent of
land from the provisions of Sections 63, 79-A, 79-B or 80" shall be
substituted.
3. Repeal and savings.-(1) The Karnataka Land. Reforms (Amendment)
Ordinance, 1996 (Karnataka Ordinance No. r of 1996) is hereby repealed.
(2) Not withstanding such repeal anything done or any action taken under
the Principal Act as amended by the said Ordinance shall be deemed to
have been done or taken under the Principal Act as amended by this Act.

THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 1997

KARNATAKA-ACT No. 23 OF 1998
(First published in the Karnataka Gazette, Extraordinary, on the 5th day of
June, 1998)
(Received the assent of the Governor on the 5th day of June, 1998)

An Act further to amend the Karnataka Land Reforms Act, 1961.

Whereas it is expedient further to amend the Karnataka Land Reforms Act,

1961 (Karnataka Act 10 of 1962) for the purposes hereinafter appearing.
Be it enacted by the Karnataka State Legislature in the Forty eighth year of
the Republic of India, as follows.
1. Short title and commencement.-(1) This Act may be called the
Karnataka Land Reforms (Amendment) Act, 1997.
(2) It shall come into force on such date as the State Government may, by
notification, appoint.

2. Insertion of new Section 77-A.-After Section 77 of the Karnataka Land

Reforms Act, 1961 (Karnataka Act 10 of 19(2), the following shall be
inserted, namely.

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“77-A. Grant of land in certain cases.-(l) Notwithstanding anything
contained in this Act, if the Deputy Commissioner, or the Special Deputy
Commissioner is satisfied after holding such enquiry as he deems fit,
that a person.-
(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 occuPaI1cy rights in
respect of such - land under sub-section i (1) of Section 48- A 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 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-section (2-A) .and (2-B) of Section 77 and the

provisions of Section 78 shall apply mutatis mutandis in respect of the grant
~f land made under sub-section (1)".

KARNATAKA ACT No. 22 OF 2001

(First published in the Karnataka Gazette, Extraordinary, on the 25th day of
August, 2001)
THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 2001
(Received the assent of the Governor on the 24th day of August, 2001)

An Act further to amend the Karnataka Land Reforms Act, 1961.

Whereas, it is expedient further to amend the Karnataka Land Reforms Act,

1961 (Karnataka Act 10 of 1962), for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the Fifty-second year of

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the Republic of India, as follows.

1. Short title and commencement.-(1) This Act may be called the

Karnataka Land Reforms (Amendment} Act, 2001.

(2) It shall come into force on such date as the State Government may, by
notification, appoint.

2. Amendment of Section 77-A.- In Section 77-A of the Karnataka Land

Reforms Act, 1961 (Karnataka Act 10 of 1962), in sub-section (1), the
words, brackets and figures "within one year from the date of
commencement of the Karnataka, Land Reforms (Amendment) Act, 1997"
shall be and shall be deemed always to have been omitted.

KARNATAKA ACT No. 20 OF 2003

(First published in the Karnataka Gazette, Extraordinary, all the
Twenty-third day of April, 2003
THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 2002
(Received the assent of the Governor on the Twenty-first day of April,
2003)

An Act further 10 amend the Karnataka Land Reforms Act, 1961.

Whereas, it is expedient further to amend the Karnataka Land Reforms Act,
1961
(Karnataka Act 10 of 1962), for the purposes herein after appearing;
Be it enacted by the Karnataka State Legislature in the fifty-third year of to
Republic of India as follows
1. Short title and commencement.-(1) The Act may be called the
Karnataka Land Reforms (Amendment) Act, 2002.

(2) It shall come into force at once.

2. Amendment of Section 81.-In clause (a) of sub-section (1) of Section

81 of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962)

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(hereinafter referred to as ‘principal Act’), after the word “Government” and
the punctuation marks, the following shall be inserted, namely.-

“the 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”.

3.Amendment of Section 109.-In Section 109 of the principal Act.-

(a) after sub-section (1), the following proviso shall be inserted, namely.-

Provided that the Deputy Commissioner may also exercise the powers of
the State Government under this sub-section, subject to the restrictions and
in the manner specified therein, in respect f the land to be used for.-

(i)industrial development, the extent of which shall not exceed ten units;
(ii)educational institutions recognized by the State or Central Government
to be sued for no-agricultural purpose, the extent of which shall not exceed
two units;
(iii)places of worship to be specified by Government by notification which
are established or constructed by a recognized or a registered body for
non-agricultural purpose, the extent of which shall not exceed one-fourth of
a unit;
(iv)a housing project, approved by the State Government the extent of
which shall not exceed ten units;
(v)the purpose of horticulture including floriculture and agro based
industries the extent of which shall not exceed ten units’.

(2) in sub-section (2).-

(i)for the words “State Government may”, the words “State Government or
as the case may be, the Deputy Commissioner may” shall be substituted.
(ii)for the words “it deems fit”, the words “it or he deems fit” shall be
substituted.

KARNATAKA ACT No. 34 OF 2003

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(First published in the Karnataka Gazette, Extraordinary, on the
Twentieth day of August, 2003)

THE KARNTAKA LAND REFORMS (AMENDMENT) ACT, 2003

(Received the assent of the Governor on the Twentieth day of August,

2003)

An Act further to amend the Karnataka Land Reforms Act, 1961.

Whereas, it is expedient further to amend the Karnataka Land Reforms Act,

1961 (Karnataka Act 10 of 1962), for the purposes hereinafter appearing.

Be it enacted by the Karnataka State Legislature in the Fifty-fourth year of

Republic of India, as follows.-

1.Short title and commencement.-(1)This Act may be called the Karnataka

Land Reforms (Amendment) Act, 2003.

(2)It shall come into force on such date as the State Government may, by
notification appoint.

2.Amendment of Section 77.-In sub-section (1) of Section 77 of the

Karnataka Land Reforms Act, 1961.-
(i)for clause(iv), the following shall be substituted, namely.-

“(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.”
(ii)clause (vi) shall be omitted.

THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 2004

KARNATAKA ACT No. 18 of 2004

(First published in the Karnataka Gazette, Extraordinary on the Tenth

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

day of
March, 2004)
(Received the assent of the Governor on the Sixth day of March, 2004

An Act further to amend the Kamataka Land Reforms Act, 1961.

Whereas, it is expedient further to amend the Karnataka land Reforms Act
1961 (Karnataka Act 10 of 1962) for the purposes hereinafter appearing.
Be it enacted by the Karnataka State Legislature in the Fifty-fifth year of
Republic of India, as follows.
1. Short title and commencement.-(1) This Act may be cal Karnataka
Land Reforms (Amendment) Act, 2004.
(2) It shall come into force at once.
2. Amendment of Section 109.-After sub-section (I-A) of Section 109 of
the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962), the foil
proviso shall be inserted, namely.
"Provided that the Deputy Commissioner may subject to the restriction
and the manner specified in this sub-section exercise the power of the
Government to grant exemptions to an extent not exceeding half hectare of
land".

The Karnataka Land Reforms (Amendment) Act, 2005

Karnataka Act No. 7 of 2005

(First published in the Karnataka Gazette, Extraordinary on the Nineteenth

day of March, 2005)

(Received the assent of the Governor on the Thirty-first day of March,

2005)

An Act further to amend the Karnataka Land Reforms Act, 1961

Whereas, it is expedient further to amend the Karnataka Land

Reforms Act, 1961 (Karnataka Act 10 of 1962), for the purposes
hereinafter appearing.

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

Be it enacted by the Karnataka State Legislature in the Fifty-sixty year of
Republic of India, as follows;

1. Short title and commencement - (1) This Act may be called the
Karnataka Land Reforms (Amendment) Act, 2005.

2. It shall come into force at once.

2. Amendment of Section 109 – In the proviso to sub-section (1-A) of

Section 109 of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of
1962), for the words “the Deputy Commissioner may” the words “the
Deputy commissioner other than the Deputy Commissioner of Bangalore
Rural District and the Deputy Commissioner of Bangalore District, may”
shall be substituted.

THE KARNATAKA LAND REFORMS (SECOND AMENDMENT) ACT,

2005

KARNATAKA ACT No. 17 OF 2005

(First published in the Karnataka gazette, Extraordinary on the Twenty-

eighth day of May, 2005)
(Received the assent of the Governor on the Twenty-third day of May,
2005)

An Act further to amend the Karnataka Land Reforms Act, 1961.

Whereas, it is expedient further to amend the Karnataka Land Reforms Act,

199961 (Karnataka Act 10 of 1962) for the purpose hereinafter appearing.

Be it enacted by the Karnataka State Legislature in the Fifty-sixth year of

Republic of India, as follows –

1. Short title and commencement – (1) This Act may be called the
Karnataka Land Reforms (Second Amendment) Act, 2005.

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

(2) It shall come into force at once.

2. Amendment of Section 118. – In section 118 of the Karnataka Land

Reforms Act, 1961 (Karnataka Act 10 of 1962), in sub-section (2), after the
words, figures and brackets “sub-section (1) of Section 77”, the words,
figures, brackets and letter” or sub-section (1) of Section 77-A shall be
inserted.
Notification
No. RD 86 LRY 65
Bangalore, dated 18th September, 1965, (KGD 23-9-1965)

S.O. 3166: In exercise of the powers conferred by sub-section (3) of

Section 1 of the Mysore Land Reforms Act, 1961 (Mysore Act 10 of 1962),
the Government of Mysore hereby appoints 2nd October 1965 as the date
on which the ..aid Act shall come into force.

Notification
No. RD 24 TCO 67.11
Bangalore, dated 11th April, 1969, (KGD 17-4-1969)

S.O. 692: In exercise of the powers conferred by sub-section (3) of Section

1 of the Mysore Prevention of Fragmentation and Consolidation of Holdings
Act/1966 (Mysore Act 1 of 1967)/ the Government of Mysore hereby
appoints the 1st May 1969/ as the date/on which the said Act shall come
into force.

Notification
No. RD 271 LRA 93
Bangalore, dated 11th April, 1969, (KGD 17-4-1969)

In exercise of the powers conferred by sub-section (2) of Section 1 of the

Karnataka Land Reforms (Amendment-Act/1995- (Karnataka Act 31 of
1995), the Government of Karnataka hereby appoints the Tweltieth day of

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

October 1995, to be date on which the provisions of Section 8 of the said
Act shall come into force.

Notification
Bangalore, dated 13th October, 1998, (KGD 10-10-1998)

In exercise of the powers conferred by sub-section (2) of Section 1 of the

Karnataka Land Reforms (Amendment) Act, 1997 (Karnataka Act 23 of
1998J, the Government of Karnataka hereby appoints the 1st day of
November 199S, to be the day on which the said Act shall come into force.

Notification
Bangalore, dated 17th February, 1999, (KGD 18-2-1999)

In exercise of the powers conferred by sub-section (2) of Section 1 of the

Karnataka Land Reforms (Amendment) Act, 1998 (Karnataka Act 34 of
1998), the Government of Karnataka hereby appoints the 15th day of
February 1999, to be the day on which the said Act shall come into force.

NOTIFICATION UNDER KARNATAKA LAND REFORMS (AMENDMENT)

ACT, 2001
[Karnataka Act 22 of 2001]
NOTIFICATION
No. RD 23 LRA 2001, Bangalore, dated 11th December, 2001
Karnataka Gazette, Extraordinary No. 2096. dated 15-12-2001

In exercise of the powers conferred by sub-section (2) of Section 1 of the

Karnataka Land Reforms (Amendment) Act, 1001 (Karnataka Act 22 of
2001), the Government of Karnataka hereby appoints the 27th August, 2001
to be the day on which the said Act shall come into force.

CENTRE FOR ENVIRONMENTAL LAW EDUCATION RESEARCH AND ADVOCACY

Common questions

The Karnataka Land Reforms Act facilitates legal appeals by establishing an appellate authority known as the Land Reforms Appellate Authority . Section 116A of the Act provides for the creation of this appellate body, which serves to address grievances and oversee the decisions made by lower courts or tribunals within the framework of the Act . The inclusion of an appellate mechanism implies a structured judicial process for land dispute resolution, allowing for higher scrutiny of decisions made by the Land Reform Tribunals. This provision enhances the fairness and thoroughness of adjudication, ensuring that parties in land disputes have the opportunity for appeals, thus increasing the accessibility of justice within the land reforms' framework .

The Karnataka Land Reforms Act addresses the cultivation of land by successors of evicted tenants under certain provisions and amendments, notably through Section 77-A. If a person was in actual possession and cultivation of any land before March 1, 1974, which vested in the State Government, and has failed to apply for occupancy rights but continues to possess and cultivate the land, the Deputy Commissioner or Special Deputy Commissioner may grant such land to the person, subject to specific conditions . If an evicted tenant or successor fails to cultivate the land, the authorities can intervene, leading potentially to eviction and a fine . The Karnataka Land Reforms Act thus seeks to ensure continuous agricultural activity while providing measures for compliance and enforcement.

In Karnataka, when a landowner defaults on a loan, the recovery process can include the attachment and sale of land. The financial institutions involved, such as banks and credit agencies, may recover debts as arrears of land revenue, making these amounts a first charge on the land . Land held can be mortgaged or sold, even in the case of arrears, to satisfy outstanding debts . This legal provision underscores the risk to landowners as their property can be directly targeted for debt recovery, potentially leading to loss of land if debts are unsettled. Moreover, the attachment and potential sale of land are facilitated by laws which exempt these transactions, when done for loan recovery, from certain restrictions on land transactions . However, these actions can lead to loss of ownership and impact the financial stability of the landowners.

The Act prohibits transferring land by sale, gift, mortgage, lease, or assignment for a specified period following registration as an occupant . This restriction aims to prevent the fragmentation of agricultural land and maintain its intended use, promoting agricultural stability and preventing speculative transfers .

The Karnataka Land Reforms Act provides specific mechanisms for handling tenant rights in the absence of the original tenant. If a landlord has evicted a tenant based on proceedings precluded by the act, the landlord must restore possession to the tenant, and failure to do so allows the Tahsildar to summarily evict the landlord from the land and return it to the tenant. This ensures the continuity of tenant rights even if the original tenant is absent, protecting successors and heirs by maintaining the tenancy on the same terms as before the eviction . Furthermore, tenant eviction is governed strictly by certain conditions such as non-payment of rent for two consecutive years, damage to the land, or failure to cultivate . These provisions collectively imply that the rights of heirs are protected by ensuring that the tenancy is restored and maintained under the same conditions that were applicable to the original tenant, thereby safeguarding their inheritance rights in the land tenancy ."}

The Karnataka Land Reforms (Amendment) Act, 2003 introduced revisions to the criteria for land allotment by modifying Section 77 of the Karnataka Land Reforms Act, 1961. The amendment changed the income limits for individuals eligible for land grants, setting a gross annual income ceiling of Rs. 20,000 for landless persons or any person residing in villages within the same Panchayat area, and Rs. 22,000 for ex-military personnel . This reflects a response to socio-economic changes by considering inflation and the economic status of different groups, ensuring that land reform objectives align with contemporary economic conditions .

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