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KARNATAKA LAW OF INAM LANDS AND SERVICE INAMS



THE MYSORE (PERSONAL AND MISCELLANEOUS) INAMS ABOLITION ACT, 1954 [MYSORE ACT No, 1 OF 1955]

This Act brought out to provide for the abolition of personal inams and certain miscellaneous inams in the [Karnataka Area] except Bellary District. After vesting in Government, the only right of the landlord or tenant is to apply for grant of occupancy. When State grants occupancy, it confers fresh title, all prior rights being extinguished. "Inam" includes an inam village and a minor inam. "Inamdar" means a person holding in trust or owing for his own benefit an inam village or a minor inam or a share therein and includes the successors in interest of an inarndar; and Where an inamdar is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator; where an inamdar is a joint Hindu family, such joint Hindu family; "Inam village" means an alienated village whether Sarvamanya, Jodi or Khayamgutta or a portion of such village; "Minor inam" means 'an alienated holding other than an inam village/ situated in an alienated village or in an unalienated village.


TYPES OF INAMS COVERED UNDER THE ACT

Personal inams: (including the Yelandur Jahgir but excluding any enfranchised inam in respect of which full land revenue assessment is payable) means a grant of a village, portion of a village, land or total or partial exemption of land revenue, entered in the register of inams, quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government. In the case of personal inam, as personal inam, Brahmadaya inam, Agrahara inam, Shrotrium inam, Khayamgutta, Bhatamanya, Bharta Vrithi or Bramhadaya, Nanparvarsh inam, Raktakodigi or Netra Vattada inam, Ambiga inam, Anche Javan inam, Gollur inam, Palki inam, Sangitagar inam, Kaviswara inam, Fireworks inam/ Bhattaraju inam, Bombe or Bommalata inam, Killekyatara inam, Ghante Kodigi inam, Mondi inam, Budubudike inam, Punchangi inam and Pitteddala inam;


Khayamgutta villages; means a grant of a village, portion of a village, land or total or partial exemption of land revenue, entered in the register of inams, quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government.

Kodagi or Bawadi Daswandam inams, means a grant of a village, portion of a village, land or total or partial exemption of land revenue, entered in the register of inams, quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government. In the case of Kodagi or Bawadi Daswandam inam, as Kodgi inam or Bawadi Daswandam inam;


Miscellaneous service inams (including artisan inams, and excluding village service inams held by Shanbhogs and Patels, Thotis, Talaris and Nirgantis) means a grant of a village, portion of a village, land or total or partial exemption of land revenue, entered in the register of inams, quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government. In the case of artisan inam, as Barber or Hajam inam, Blacksmith or Lohar inam, Washerman or Dhobi inam, Carpenter or Badagi inam, Nirganti or Kolavar or Munugu inam, potter or Kumbar inam, Cobbler or Chamber inam, Scavenger or Madigar inam. In the case of Miscellaneous Service inam, as Devadaya Service inarn, Bhuta inam, Uttar, Pujari inam, Nandadipa inam, Naivedya inarn, Mantrapushpa inam, Parayana inam, Huvina inam, Vyasa Puje inam, Rathotsava inam or Teru, Manya, Dadder inarn, Rakhavale inam, Tafe inam, Maha Purush inam, Karokal inam, Karadivadya inam, Jangam or Puravasaga inam, Lingadavira inam, Asadi inam, Potruju inam, Saraga inam, Dasari or Konlikar inam, Bhajantri inam, Sringanada inam, Karadivadya inam, Jangam or Puravaraga inam, Lingadavira inam, Asadi inam, Potruju inarn, Saraga inam Pindemanya, Sagavaii inam, Karagada inam, Kannadi inam, Gollur inam, Sweeper inam, Masalchi inam, Jain Basti inam, Masjid inam, Darga inam, Khayi inam, Bhairagi and Gosayi inam, Chuttram inam, Tope inam, Avenue inam, Despandya inam, Desamukhi inam, Desakulkarni inam, Nadiga inam, Nadagovidike inam, Setti inam, Chelvadi inam, Sayer Shanbog inam, Kote and Buraj inam, Sunnakallu inam, Pattari or Shroff inam, Medar inam, Kurubar inam, Kerebandi, Kerekona or Khulgri inam, Sunna kallu inam, and Gidekaval Hasargaval Kavalgar.




VESTING OF INAM IN THE STATE AND ITS CONSEQUENCES


SECTION 3:- When the notification under sub-section (4) of Section 1 in respect of any inam has been published in the Karnataka Gazette, then notwithstanding anything contained in any contract, grant or other instrument or in any other law for the time being in force, with effect on and from the date of vesting, and save as otherwise expressly provided in this Act/ the following consequences shall ensue, namely.—

a) the provisions of the Land Revenue Code relating to alienated holdings shall, except as respects minor inams to .. ; which this Act is not applicable, be deemed to have been repealed in their application to the inam; and the provisions of the Land Revenue Code and all other enactments applicable to unalienated villages shall apply to the said inam;

b) all rights, title and interest vesting in the inamdar including those in all communal lands, uncultivated lands, whether assessed or not, waste lands, pasture lands, forests, mines and minerals, quarries, rivers and streams, tanks and irrigation works, fisheries and ferries shall cease and be vested absolutely in the State of Karnataka/ free from all encumbrances;

c) the inamdar shall cease to have any interest in the inam other than the interests expressly saved by or under the provisions of this Act;

d) all rents and land revenue including cesses and royalties accruing in respect of lands comprised in such inam on or after the date of vesting shall be payable to the State and not to the inamdar and any payment made in contravention of this clause shall not be valid;

e) all arrears of revenue, whether as jodi, quit-rent, or khayarngutta, and cesses, remaining lawfully due on the date of vesting in respect of any such inarn shall after such date continue to be recoverable from the inamdar by whom they were payable and may, without prejudice to any other mode of recovery, be realised by the deduction of the amount of such arrears and cesses from the compensation money payable to such inamdar under this Act;

f) no such inam shall be liable to attachment or sale in execution of any decree or other process of any Court and any attachment existing on the date of vesting or any order for attachment passed before such date in respect of such inam, shall, subject to the provisions of Section 73 of the Transfer of Property Act, 1882, cease to be in force;

g) the Government may, after removing any obstruction that may be offered/ forthwith take possession of the inam and all accounts, registers, pattas, mutchalikas, maps, plans and other documents relating to the inam which the Government, may require for the administration thereof: Provided that the Government shall not disposses any person of any land in respect of which they consider that he is prima fade entitled to be registered as the occupant or as the holder of a minor inam [or to be continued as a tenant;]

h) the inamdar and any other person whose rights have vested in the State of Karnataka under clause (b) shall be entitled only to compensation from the Government as provided in this Act;

i) the relationship of landlord and tenant shall, as between the inamd ar and a kadim tenant or permanent tenant or quasi-permanent tenant, be extinguished;

j) the relationship of superior holder and inferior holder shall, as between the inamdar and the holder of a minor inam, be extinguished;

k) Kadim tenants, permanent tenants and quasi-permanent tenants in the inam and persons holding under them and holders of minor inams shall, as against the Government, be entitled only to such rights and privileges and be subject to such conditions as are provided for by or under this Act; and any other rights and privileges which may have accrued to them in the inam before the date of vesting against the inamdar shall cease and determine and shall not be enforceable against the Government or such inamdar.





THE MYSORE (RELIGIOUS AND CHARITABLE) INAMS ABOLITION ACT, 1955 [MYSORE ACT No. 18 OF 1955]

This Act to provides for the abolition of Religious and Charitable inams in the [Karnataka Area] except Bellary District. It applies to Religious inams including the Sringeri Jahgir; and Charitable inams. 'Religious inam', or 'charitable mam', means a grant of a village, portion of a village or land entered in the register of inams/ quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government as Devadaya inam or Dharmadaya inam, as the case may be.



THE KARNATAKA VILLAGE OFFICES ABOLITION ACT, 1961 [KARNATAKA ACT NO. 14 OF 1961]


The definition of a 'village office' contained in the Act speaks not only of a village office to which there was before the commencement of the Constitution, an absolute family or hereditary right such as the village offices of the districts of Raichur, Bidar and Gulbarga which were in the erstwhile State of Hyderabad, but also of village offices to which the appointment was exercised primarily in favour of a person who belonged to particular family although he could not be so appointed if he did not have the prescribed eligibility. That is the meaning of the expression 'held hereditarily' occurring in the definition. The following offices in the State stand abolished:
(a) Posts of shanbhogs and patels of the old Mysore area; (b) kamams of Bellary and Kollegal; (c) shanbhogs in South Kanara; (d) stipendiary village accountants
appointed before the commencement of the Act in the old Mysore and Hyderabad
areas; (e) posts of all stipendiary patels in every part of the State; and (f) village servants or holders of inferior village offices.



Posts of talatis which replaced the posts of Kulkarnis in the old Bombay area, posts of village accountants in the North Kanara called Talati, and the posts of shanbhog in Coorg, not being hereditary are not abolished.

Under section 5 (3) :- The occupancy or the ryotwari patta of the land, as the case may be, re-granted under sub-section (1) shall not be transferable otherwise than by partition among members of Hindu Joint Family for a period of fifteen years from the date of regrant made on or after the date of commencement of the Karnataka Village Offices Abolition (Amendment) Act, 2003. Provided that such occupancy or the ryotwari patta in respect of land granted to the holder of a village office in an enfranchised inam shall be transferable with the previous sanction of the Deputy Commissioner which shall be granted on payment of an amount equal to fifteen times the amount of full assessment of the land.

Under Section 5(4) :- Any transfer of land in contravention of sub-section (3) shall be null and void and the land so transferred shall, as penalty, be forfeited to and vest in the State Government free from all encumbrances and any person in possession thereof shall be summarily evicted therefrom by the Deputy Commissioner and the land shall be disposed of in accordance with the law applicable to the disposal of unoccupied unalienated lands:
Provided that if the person who has transferred the land in contravention of sub-section (3) is not alive, while disposing of such land preference shall be given to the heirs of such person. Explanation.—For removal of doubts it is hereby declared that in subsection (3), and in this sub-section transfer includes creation of a lease.

Under Section 5(6) Notwithstanding anything contained in any law for the time being in force, any agreement for transfer of land resumed under clause (3) of Section 4, entered into prior to regrant thereof under sub-section (1), shall be null and void and any person in possession thereof in furtherance of such agreement shall be summarily evicted therefrom by the Deputy Commissioner.



Section 7. Eviction of unauthorised holders, etc.—(1) Where any land resumed under dause (3) of Section 4 is in the possession of an unauthorised holder such unauthorised holder shall be summarily evicted therefrom and the land shall be taken possession of by the Deputy Commissioner in accordance with law:
Provided that no such summary eviction shall be made except after giving the person affected a reasonable opportunity of making representation.
(2) Any order of eviction passed under sub-section (1) shall be final and shall not be questioned in any court of law and no injunction shall be granted by any court in respect of any proceeding taken or about to be taken by the Deputy Commissioner in pursuance of the power conferred by sub-section (1).
(3) The land from which an unauthorised holder is evicted under subsection (1) shall,
(a) if it was granted or continued in respect of or annexed to an inferior village office be regranted to the holder of such village office; and
(b) in other cases be disposed of in accordance with the law applicable to the disposal of unoccupied unalienated lands.



Section 7-A. Restriction on transfer, etc.—(1) No person shall transfer or acquire by transfer [for a period of fifteen years from the date of regrant made on or after the date of commencement (9-5-2003) of the Karnataka Village Offices Abolition (Amendment) Act, 2003 any land disposed or regranted under sub-section (4) of Section 5 or sub-section (3) of Section 7 and any transfer of such land in contravention thereof shall be null and void. The land so transferred shall vest in the State Government free from all encumbrances. The provisions of sub- section (5) of Section 5 shall mutatis mutandis apply to transfer of such land.
(2) Any person who acquires by transfer such land in contravention of sub-section (1) shall on conviction be punished with imprisonment which may extend to six months.









RELEVANT PROVISIONS OF LAND REFORMS ACT IN KARNATAKA

RELEVANT PROVISIONS OF THE KARNATAKA LAND REFORMS ACT, 1961
Section 2
Definitions : (A) In this Act, unless the context otherwise requires,-
(1) Agriclture includes-
(a) acquaculture,
(aa) horticulture,
(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 of livelihood is manual labour on land and includes an artisan whose principal means of livelihood is preparation of agricultural implements.


(11) To cultivate personally means to cultivate land on ones own account-
(i) by ones own labour; or
(ii) by the labour of any member of ones 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 ones family;


(12) Family means,-
(a) in the case of an individual who has a spouse or spouses, such individual, the spouse 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 a 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 are both dead, their minor sons and unmarried daughters.


(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


(25) Plantation Crops means cardamom, coffee, pepper, rubber and tea


(35A) Unit means one acre (40.47 ares) of A Class land, the soil classification value of which is fifty paise (eight annas) and above or an extent equivalent thereto consisting of one or more classes of other land specified in Part A of Schedule I determined in accordance with the formula in Part B of the said Schedule.


Section 55. Issue of Certificate of Registration

(1) on receipt of the final orders passed under sub-section (4) or sub-section (5) of Section 48-A, subject to such rules as may be prescribed, the Tahsildar shall issue a certificate that the tenant has been registered as an occupant. The certificate shall be conclusive evidence of such registration.
(2) The Tahsildar shall forward a copy of the certificate issued under sub-section (1) to the concerned Sub-Registrar who shall, notwithstanding anything contained in the Registration Act, 1908 (Central Act 16 of 1908) or any other law, register the same.


Section 61. Restriction on transfer of land of which tenant has become occupant.

(1) Notwithstanding anything contained in any law, no land of which the occupancy has been granted to any person under this Chapter shall within fifteen years 1[from the date of the final order passed in the tribunal under sub-section (4) or sub-section (5) or sub-section (5-A) of section 48-A] be transferred by sale, gift, exchange, mortgage, lease or assignment; but the land may be partitioned among members of the holders joint family


(2) Notwithstanding anything contained in sub-section (1), it shall be lawful


(3) Any transfer or partition of land in contravention of sub-section (1) shall be invalid and such land shall vest in the State Government free from all encumbrances and shall be disposed in accordance with the provisions of Section 77.


Section 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 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.


(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.


(3) In the case of a family the ceiling area shall be applied to the aggregate of the lands held by all the members of the family, including the stridhana land.


(4) In calculating the extent of land held by a person who is not a member of a family but is a member of a joint family and also in calculating, the extent of land held by a member of a family who is also a member of a joint family, the share of such member in the lands held by a joint family shall be taken into account and aggregated with the lands, if any, held by him separately and for this purpose such share shall be deemed to be the extent of land which would be allotted to such person had there been a partition of the lands held by the joint family.


(5) In respect of lands owned or held under a private trust,-
(a) where the trust in revocable by the author of the trust, such lands shall be deemed to be held by such author or his successor in interest; and
(b) in other cases, such lands shall be deemed to be held by the beneficiaries of the trust in proportion to their respective interests in such trust or the income derived therefrom.
Explanation. - Where a trust is partly private and partly public this sub-section shall apply only to lands covered by that part of the assets of the trust which is relatable


(6) In calculating the extent of land held by a person who is not a member of a family or who has no family or by a member of a family, the share of such person or member in the lands held by a co-operative farm shall be taken into account.


(7) (a) No educational, religious or charitable
(b) If any question arises where the income from the land is solely appropriated for the institution, society or trust, it shall be decided by the prescribed authority. The decision of the prescribed authority shall be final. Where the prescribed authority decides that the income is not so appropriated, the land held by the institution, society or trust shall be deemed to be surplus land and the provisions of Sections 66 to 76 shall, so far as may be, apply to the surrender to and vesting in the State Government of such land. The provisions of this sub-section shall have effect notwithstanding anything in this Act.


(8) (a) No sugar factory shall hold land except solely for purpose of research or seed farm or both. Where land is held by a sugar factory for such purpose the ceiling area shall be fifty units.
(b) If any question arises whether any land held by a sugar factory is solely used for the purpose of research or seed farm or both, the decision of the prescribed authority shall be final and the land not held for the said purpose shall be deemed to be surplus land and the provisions of Sections 66 to 76 shall, so far as may be, apply to the surrender to and vesting in the State Government of such land. The provisions of this sub-section shall have effect notwithstanding anything contained in this Act.


(9) In the case of any person holding land cultivated by plantation crops, the ceiling area in respect of other land held by him shall be determined taking into consideration, the agricultural land referred to in item (ii) of the Explanation to Section 104.


(10) Notwithstanding anything in the 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 calculating the ceiling area which that person is entitled to hold, the area so transferred shall be taken into account and the land exceeding the ceiling area so calculated shall be deemed to be in excess of the ceiling area notwithstanding that the land remaining with him may not in fact be in excess of the ceiling area.
If by reason of such transfer the persons holding is less than the area so calculated to be in excess of the ceiling area, then all his lands shall be deemed to be surplus land and the provisions of Sections 66 to 76 shall, as far as may be, apply to the surrender to and vesting in the State Government of such excess land.
Explanation.- For purposes of this sub-section the land shall be deemed to have been transferred if, it has been transferred by act of parties whether by sale, gift, mortgage with possession, exchange, lease or any other kind of disposition made inter vivos.


Section 64. Future acquisition of land. Where on account of transfer, gift, purchase, exchange, mortgage with possession, lease, surrender or any other kind of transfer inter vivos or by bequest or inheritance, partition or otherwise, 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 suchperson 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.
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.


Section 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 and an order has been passed under Section 67 and any alienation made in contravention of this section shall be null and void.
Section 79-A. Acquisition of land by certain persons prohibited. - (1) On and from the commencement of the the Karnataka Land Reforms (Amendment) Act, 1995, no person who or a family or a joint family which has an assured annual income of not less than rupees two lakhs from sources other than agricultural lands shall be entitled to acquire any land whether as land owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and partly in another.

(2) For purposes of sub-section (1) -
(i) the aggregate income of all the members of a family or a joint family or a joint family from sources other than agricultural land shall be deemed to be income of the family or joint family, as the case may be, from such sources;
(ii) a person or a family or a joint family shall be deemed to have an assured annual income of not less than rupees two lakhs from sources other than agricultural land on any day if such person or family or joint family had an average annual income of not less than rupees two lakhs 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 two lakhs for five consecutive years shall be deemed to have an average annual income of not less than rupees two lakhs 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.


(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, no amount shall be paid.


Section 79-B. Prohibition of holding agricultural land by certain persons.

(1) With effect on and from the date of commencement of the Amendment Act, except as otherwise provided in this Act, -
(a) no person other than a person cultivating land personally shall be entitled to hold land; and
(b) it shall not be lawful
(i) an educational, religious or charitable
(ii) a company;
(iii) an association or other body of individuals not being a joint family, whether incorporated or not; or
(iv) a co-operative society other than a co-operative farm, to hold any land.

(2) Every such institution, society, trust, company, association, body or co
operative society;-
(a) which holds lands on the date of commencement of the Amendment Act and which is disentitled to hold lands under sub-section (1), shall, within ninety days from the said date furnish to the Tahsildar within whose jurisdiction the greater part of such land is situated a declaration containing the particulars of such land and such other particulars as may prescribed; and
(b) which acquires such land after the said date shall also furnish a similar declaration within the prescribed period.

(3) The Tahsildar shall, on receipt of the declaration under sub-section (2) and after such enquiry as may be prescribed, send a statement containing the prescribed particulars relating to such land to the Deputy Commissioner who shall, by notification, declare that such land shall vest in the State Government free from all encumbrances and take possession thereof in the prescribed manner.

(4) In respect of the land vesting in the State Government under this section an amount as specified in Section 72 shall be paid.
Explanation.- For purposes of this section it shall be presumed that a land is held by an institution, trust, company, association or body where it is held by an individual on its behalf.

Section 80. Transfers to non-agriculturists barred.

(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
(b) no mortgage of any land or interest therein, in which the possession of the mortgaged property is delivered to the mortgagee,shall be lawful
(i) who is not 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 Sections 63 or 64; or
(iii) who is not an agricultural labourer; or
(iv) who is disentitled under Section 79A or Section 79B to acquire or hold any land
Provided that the Assistant Commissioner having jurisdiction over the area or any officer not below the rank of an Assistant Commissioner authorised by the State Government in this behalf in respect of any area may grant permission for such sale, gift or exchange, to enable a person other than a person disentitled to acquire or hold land under Section 79-A or Section 79B who bonafide intend taking up agriculture to acquire land on such conditions as may be prescribed in addition to the following conditions, namely:-
(i) that the transferee takes up agriculture within one year from the date of acquisition of land, and
(ii) that if the transferee gives up agriculture within five years, the land shall vest in the State Government subject to payment to him of an amount equal to eight times the net annual income of the land or where the land has been purchased, the price paid for the land, if such price is less than eight times the net annual income of the land.

(2) Nothing in sub-section (1) shall apply to lands granted under Section 77.
Section 81. Sections 79-A, 79-B and 80 not to apply in certain cases.- (1) Nothing in Section 79-A or Section 79-B or Section 80 shall apply to
(a) the sale, gift or mortgage of any land or interest therein in favour of the Government., the Karnataka Housing Board constituted under the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the Industrial Areas Development Board constituted under the Karnataka Industrial Areas Development Act, 1966 (Karnataka Act 18 of 1966), the Karnataka Slum Clearance Board established under the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 (Karnataka Act 33 of 1974), the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), a Nagarabhivruddhi Pradhikara constituted under the Karnataka Nagarabhivru Pradhikaragala Adhiniyama, 1987 (Karnataka Act 34 of 1987)
(b) the mortgage of any land or interest therein in favour of -
(i) a co-operative society;
(ii) a financial institution
(iii) (iv)(v) [omitted]
(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 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
(viii) the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942); as security for any loan or other facility given by such society, bank, company, corporation or Board for agricultural purposes.
Explanation:- In this clause agricultural purposes include making land fit for 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 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 a sugar factory for purposes of research or seed farm or sale in favour of the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942).

(2) The institutions referred to in clause (b) of sub-section (1) acquiring land or interest therein shall dispose of the same by sale, within the prescribed period:
Provided that pending such sale the land may be leased for a period not exceeding one year at a time and the lease shall stand determined when the land is sold or on the expiry of one year, whichever is earlier and notwithstanding anything to the contrary in this Act or in any other law for the time being in force the lessee shall not be entitled to any right other than as such lessee in the land.

(3) Any sale by the institution under this section shall be subject to the other provisions of this Act.

Section 81-A. Declaration to be made before the registering authority in certain cases. (1) No document relating to any transfer of land either by sale, gift, exchange, lease, mortgage with possession surrender, agreement, settlement, or otherwise, shall be registered unless a declaration in writing is made in duplicate in such form as may be prescribed and filed by the transferee before the registering authority under the Indian Registration Act, 1908 (Central Act XVI of 1908), as to the total extent of 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 be prescribed officer, within whose jurisdiction the land which is the subject matter of the transfer or the major part thereof is situated.
(3) On receipt of the copy of the declaration under sub-section (2), the prescribed officer may obtain such information as may be necessary and take such action as he deems fit in accordance with the provisions of this Act, and in accordance with such rules as may be made in this behalf.

Section 82. Reporting of illegal transactions.- Every village officer and every officer of the Revenue, Registration and Land Records Departments shall report to the prescribed authority 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.
Section 104. Plantations.- The provisions of Section 38, Section 63 other than sub-section (9) thereof, Section 64, 79A, 79B and 80 shall not apply to plantations.
Section 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;-
1. (a) Declaration is 81A necessary in cases where possession of agriculture land is transferred. Therefore it is not necessary to file declaration in case of deed of mortgage without possession, mortgage by Deposit of title deeds, a will deed and partition deed.

(b) Declaration form signed by the transferee can be filed by himself or by any person who is duly authorised by him through power of attorney but not by an advocate if he is not duly authorised through power of attorney but holds only a Vakalath [Clarification issued by Government RD 77 EST 67 dated 14-11-67]
(i) belonging to Government.
(ii) omitted
(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, a research institution owned or controlled by the State Government or the Central Government or both an Agricultural Research Institution recognised by the State Government or the Central Government, the Karnataka Bhoodhan Yagna Board established under the Karnataka Bhoodhan Yagna Act, 1963 (Karnataka Act 34 of 1963);
(iv) given as a gallantry award;
(iv-a) granted by the State Government to a Research Institution affiliated to a University established by law in India
(v) used for such stud farms as are in existence on the 24th day of January, 1971 and approved by the State Government, subject to such rules as may be prescribed
(vi) 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;
(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 shallnot be applicable if such lands were in the possession of tenants on the date of donation to the said Board:
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.

Section 109. Certain lands to be exempt from certain provisions.

(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-B 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 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 are established or constructed by a recognised or registered by 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.
Notwithstanding anything contained in sub-section (1), the State Government may in public interest and for reasons to be recorded in writing, by notification and subject to the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act No. 11 of 1963) and such restrictions and conditions as may be specified by it, exempt any extent of land from the provisions of Sections 63, 79-A, 79-B or 80 for any specific 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.

SCHEDULE I
PART A
[See Section 2(A)(35-A)
Classification of Lands
A Class
Lands having facilities for assured irrigation from such Government Canals and Government Tanks as are capable of supplying water for growing two crops of paddy or one crop of sugarcane in a year.
B Class
(i) Lands having facilities for assured irrigation from such Government Canals and Government Tanks as are capable of supplying water for growing only one crop of paddy in a year.
(ii) Lands irrigated by such lift irrigation projects constructed and maintained by the State Government as are capable of supplying water for growing two crops of paddy 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 by Government other than those coming under A Class and B Class.
(ii) Lands on which paddy crop can be raised or areca crop is grown with the help of rain water.
(iii) Lands irrigated by lifting water from a river or Government Canal or Government tank where the pumping installation or other device for lifting water is provided and maintained by the land owner.

WHETHER A TENANTED OCCUPANCY CONFERRED LAND ATTRACTS PTCL ACT - NO

WHETHER A TENANTED OCCUPANCY CONFERRED LAND ATTRACTS PTCL ACT - NO



UNDER MYSORE (PERSONAL AND MISCELLANEOUS) INAMS ABOLITION ACT, 1954, SECTION 5 — PERMANENT TENANTS ARE REGISTERED AS OCCUPANTS ON CERTAIN CONDITIONS. THE CONDITION DOES NOT INCLUDE ANY RESTRICTION ON ALIENATION.


1. Granted land — Definition of — Only Government land granted to person belonging to any Scheduled Caste or Scheduled Tribe, under provisions of any enactment, is to be considered as "granted land"


2. Tenanted inam land that stood vested in State Government consequent upon abolition of inams, does not become "granted land" when occupancy right in respect of land is conferred on tenant thereof, merely because tenant happened to be person belonging to Scheduled Caste or Scheduled Tribe — Vesting of tenanted inam land in State Government is not absolute but is subject to vested right of tenant to got occupancy conferred on him and conferment of occupancy right on tenant by Special Deputy Commissioner does not amount to making grant of land — Alienation of inam land by tenant after fitting occupancy right conferred on him is not hit by prohibition contained in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.


3. Hon,ble Justice D.V. Shylendra Kumar, Held in a case of M. Munikenchappa v The Special Deputy Commissioner, Bangalore District, Bangalore and Others, Reported in 2004(3) Kar. L.J. 579.: The land in question was the subject-matter of the- order of the Special Deputy Commissioner exercising his jurisdiction under Section 5 of the Act. An order of this nature is one passed for recognizing a pre-existing right of a person who is already in possession. The Special Deputy Commissioner virtually functions as a Tribunal for such purposes, In respect of lands for which occupancy rights are conferred such a land cannot be construed as a 'granted land' under the provisions of Section 3(l)(b) of the Act. The subject land which was also the subject-matter of the order dated 3-2-1962 passed by the Special Deputy Commissioner and in exercise of his powers under Section 5 of the Inams Abolition Act, cannot be construed as a 'granted land' within the meaning of this phrase occurring in Section 3(l)(b) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.






UNDER SIMILAR CIRCUMSTANCES A CASE BEFORE FULL BENCH OF HIGH COURT OF KARNATAKA WAS DECIDED BY HON’BLE JUSTICES N.K. JAIN, H. RANGAVITTALACHAR AND V.G, SABHAHIT, HAS PASSED A SIMILAR JUDGEMENT RELATED TO TENANTED LANDS. In Mohammed Jaffar and Another V State of Karnataka and Others, Reported in 2003(1) Kar. L.J. 337 (FB).




1. Tenanted land that stood vested in State Government as on 1-3-1974 under Land Reforms Act, does not become "granted land" when occupancy in respect of such land is conferred on tenant, merely because tenant happens to be person belonging to Scheduled Caste or Scheduled Tribe — Vesting of tenanted land in State Government is not absolute but is subject to vested right of tenant to get occupancy conferred on him — Conferment of occupancy right on tenant by Land Tribunal does not amount to making grant of land — Alienation of land in respect of which occupancy was conferred on erstwhile tenant, held, is not hit by prohibitions contained in Act of 1978.

2. A bare reading of Section 3(l)(b) of the PTCL Act makes it clear that the land should be granted by the Government and such land is to be granted to a person belonging to Scheduled Castes or the Scheduled Tribes under the relevant law including agrarian reforms. Once the land is held to be a granted land, the restriction contained in Section 4 regarding the apprehension of transfer of land would apply. . . . Section 44 of the KLR Act deals with vesting of the land in the Government. Therefore, the land which is not granted by the State Government cannot prima facie be hit by the provisions of the PTCL Act.

3. All the lands held by or in possession of the tenants vest with the State Government free from all encumbrances and the State Government is entitled to take possession of the said properties. However, as per Section 44(e) the Government is not entitled to take possession of the tenanted land and the permanent tenants, protected tenants and other tenants holding the land are entitled to such right or privileges and subject to such conditions provided under Act. In view of Section 44 of the KLR Act, it is clear that conferment of occupancy right by the Land Tribunal, and not by the Government, is only a declaration or pre-existing right which has been conferred on the tenant under Section 45 and vesting of the land is subject to right that is conferred on the tenant for conferment of occupancy right- Section 45 of the KLR Act gives a right to a person who is a tenant on the land to get the occupancy right conferred in his favour and Sections 48 and 48-A deals with the constitution of the Tribunals and enquiry by the Tribunal. The occupancy right will be conferred by the Land Tribunal and not by the Government under Section 48-A of the KLR Act on a tenant who was cultivating the land personally on 1-3-1974. Therefore, what is conferred on the tenant who was personally cultivating the land on 1-3-1974 is the declaration of his occupancy right of land on 1-3-1974, by the Tribunal. The preamble to the KLR Act clearly shows that the Act is enacted to confer ownership on the tenants and wherefore, it is clear that the conferment of occupancy right on the tenant who was personally cultivating the land on 1-3-1974 is conferment of ownership on the tenant as per the preamble to the Act and the same is subject to certain restrictions which are imposed in the certificate of registration issued under Section 55 of the Act in Form 10.

4. Conferment of occupancy right is only declaration of the fact that the tenant who was personally cultivating the land on 1-3-1974 and the land which has vested with the Government, the tenant js declared as the occupant of the said land subject to the restrictions contained in the certificate of registration and if the tenant proves that he has been personally cultivating the land on 1-3-1974 he cannot be denied conferment of occupancy right. .... Under the circumstances, it is clear that occupancy right cannot at all fall within the ambit of 'granted land' as defined under the PTCL Act. The vesting of land in the Government is subject to vested right of a tenant to get occupancy right and for determination of right and conferment of occupancy by Land Tribunal, a Statutory Authority established under the Land Reforms Act, is the Competent Authority to determine the same on a tenant who was personally cultivating the land on 1-3-1974.

5. In view of this, the occupancy right, which has been granted by the Land Tribunal, cannot be construed as "granted land" as defined under the PTCL Act. The land in respect of which the occupancy right has conferred under Section 48-A of the KLR Act would not fall within the ambit of 'granted land' as defined under Section 3(1 }(b) of the PTCL Act.



CASE LAW ON LAND LAWS

KARNATAKA LAND LAWS