Karnataka Land Reforms Act, 1961

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1962: KAR. ACT 10] Land Reforms 1
THE KARNATAKA LAND REFORMS ACT, 1961

ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons:

Sections:
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 dispossessed in certain
circumstances.
8. Rent.
9. Rent when deemed as paid and dispute regarding rent payable.
10. Rights and liabilities of land-lord.
10A. Liability to pay land revenue, etc.
11. Refund of rent recovered in contravention of provisions of this Act.
12. Abolition of all cesses, etc.
13. Suspensions, remissions or reduction of rent.
14. Omitted.
15. Resumption of land by soldier or seaman.
16. Omitted.
17. Omitted.
18. Omitted.
19. Restriction on transfer of resumed land.
20. Failure to cultivate, etc.
21. Sub-division, sub-letting and assignment prohibited.
22. Eviction of tenant for default, etc.
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2 Land Reforms [1962: KAR. ACT 10
23. Eviction not to be ordered if rent paid during pendency of proceedings.

24. Rights of tenants to be heritable.
25. Surrender of land by tenant.
26. Tenancy in abeyance during usufructuary mortgage in favour of tenant.
27. Tenants rights to trees planted by him.
28. Omitted.
29. Tenants responsible for maintenance of boundary marks.
30. Repairs of protective bunds.
31. Tenants 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. Tenants right to purchase site.
38. Dwelling houses of agricultural labourers, etc.
39. First option to purchase land.
40. Compensation for improvement made by tenant.
41. Procedure for taking possessions.
42. Procedure for recovery of rent.
43. Rights or privileges of tenant 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 land on certain conditions.
46. When tenant entitled to choose land.
47. Amount payable.
48. Constitution of Tribunals.
48A. Enquiry by the Tribunal, etc
48B. Tahsildar to determine the amount payable
48C. Interim Orders.
49. Sub-tenants of tenants to be registered as occupants.
50. Determination of encumbrances and payment of the amount.
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51. Mode of payment of the amount.

52. Payment of compensation to be full discharge.
53. Payment of premium by tenant.
53A. Establishment of a separate fund
54. Premium recoverable as arrears of land revenue.
55. Issue of certificate of registration.
56. Omitted.
57. Provisions applicable to minors, persons under disability, etc.
58. Vesting in the State Government of land leased contrary to the Act.
59. 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 of declaration of holding.
66A. Penalty for failure to furnish declaration
67. Surrender of land in certain cases.
67A. Payment for use and occupation of land
68. Vesting of land surrendered by owner.
69. Vesting of land surrendered by limited owner.
70. Reversion and vesting of land surrendered by usufructuary mortgagee.
71. Vesting of land surrendered by tenant.
72. Amount payable for lands surrendered to and vesting in the State
Government.
73. Claims for the amount and payment of the amount.
74. Prohibition of alienation of holding.
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75. Excess land not to be surrendered in certain cases.

76. Taking possession of land vested in State Government.
77. Disposal of surplus land.
77A. Grant of land in certain cases
78. Purchase price of surplus land.
79. Management of surplus lands.
CHAPTER V
RESTRICTIONS ON HOLDING OR TRANSFER OF AGRICULTURAL 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. Section 79A, 79B, and 80 not to apply in certain cases.
81A. Declaration to be made before to registering authority in certain cases
82. Reporting of illegal transactions.
83. Inquiry regarding illegal transactions.
CHAPTER VI
PROVISIONS FOR CULTIVATION OF UNCULTIVATED LANDS
84. Uncultivated land may be required to be cultivated.
85. Power of Assistant Commissioner to lease out uncultivated land.
86. Cancellation of the lease.
87. Execution of lease, liability of land-owners, etc.
88. Delivery of possession after the period of lease.
CHAPTER VII
CO-OPERATIVE FARMS
89. Formation of a Co-operative Farm.
90. Application for registration.
91. Registration of Co-operative Farm.
92. Members land transferred to the Farm.
93. Consequences of registration.
94. Bye-laws 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-owner thereof.
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97. Rights, privileges, etc., of members.

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. Omitted.
104. Plantations.
106. Amount payable to religious institutions, etc.
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 COURTS AND APPEALS
111. Omitted.
112. Duties of Tahsildar and Tribunal.
113. Application of the Code of Civil Procedure.
114. Commencement of proceedings.
115. Enquiries.
116. Execution of orders.
117. Omitted.
118. Appeals.
118A. Revision by the Divisional Commissioner
119. Stay of execution of orders.
120. Omitted.
121. Orders in appeal.
121A. Revision by the High Court
122. Limitation.
122A. Review by the Tribunal
123. Court fees.
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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. Omitted.
132. Bar of jurisdiction.
133. Suits, Proceedings, etc., involving questions required to be decided by the
Tribunal.
134. Control.
135. Offences by companies.
136. Indemnity.
137. Rules.
138. Act to prevail over other enactments.
139. Removal of difficulties.
140. Rules and notification to be laid before the State Legislature.
141. Tenure Abolition Acts.
142. Repeal and savings.
SCHEDULE I.
SCHEDULE II.
SCHEDULE III.
****
STATEMENT OF OBJECTS AND REASONS
I
Act 10 of 1962.The Bill has been prepared with a view to introducing a
common law relating to tenancy and other allied matters throughout the new State
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of Mysore in replacement of the following Acts which are in force in the several
areas:
1. The Bombay Tenancy and Agricultural Lands Act, 1948, as in force in the
Bombay Area;
2. The Hyderabad Tenancy and Agricultural Lands Act, 1950, as in force in the
Hyderabad Area;
3. The Mysore Tenancy Act, 1952, as in force in the Mysore Area, including
Bellary District;
4. (a) The Madras Cultivating Tenants Protection Act, 1955;
(b) The Madras Cultivating Tenants (Payment of Fair Rent Act), 1956 as in
force in South Kanara and Kollegal Taluk;
5. The Coorg Tenants Act, 1957, as in force in the Coorg District.
The Bill is generally modelled on the recommendations of the Mysore Tenancy
and Agricultural Land Laws Committee constituted in May 1957, with some changes
in the light of the opinion expressed in the Legislature and the suggestions of the
Central Committee on Land Reforms constituted by the Planning Commission.
The main features of the Bill are
(1) In future, leases will be permitted only in respect of lands held by persons
suffering from some disability or persons serving in the Armed Forces or persons
whose holding does not exceed a basic holding;
(2) In respect of lands leased out at the commencement of the Act, the right of
resumption is generally regulated such that a tenant is left with a part of the holding,
except where the land leased out is itself less than a basic holding and cannot be
sub-divided;
(3) The rate of rent will be one-fourth of the gross produce in the case of irrigated
lands and one-fifth of the gross produce in the case of other lands subject to the
condition that the existing rents are not liable to enhancement;
(4) The extent of land which a land-owner cannot resume for personal cultivation
will vest in Government on a notified date and the tenants who are actually
cultivating such lands will be given occupancy rights subject to payment of fifteen
times the rent minus land revenue, which amount will be paid to the owner as
compensation;
(5) For regulating the rights of resumption and other all matters, the family
holding is defined as the holding giving a income of Rs. 1,200 per annum; and
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(6) The ceiling limit to land holdings will be three fan holdings. Existing holdings
under personal cultivation which are managed according to prescribed standards
and existing plantation including coconut and areca plantations will be exempted
from ceiling.
(Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 29th
November, 1958, as No. 174, at p. 78.)
II
Amending Act No. 14 of 1965.It is considered necessary to make certain
amendments as suggested by the Government of India, to the Mysore Land
Reforms Act, 1961, before the Act is brought into force. Hence the Bill. The more
important amendments are the following:
(1) Transfers made after the passing of the Mysore Land Reforms Bill, 1961 by
the State Legislature, i.e., 18th November 1961, will be disregarded both for
purposes of determining the extent of land for resumption as also for determining
the ceiling area.
(2) In respect of the right of resumption, the rights of landlords to resume land
will be limited in the Bombay Area to cases in which notices have been given within
the prescribed period under the Bombay Tenancy and Agricultural Lands Act, 1948,
and in the Hyderabad Area to cases in which declarations have been made within
the prescribed period under the Hyderabad Tenancy and Agricultural Lands Act,
1950, and the extent of land resumable will be determined in accordance with the
aforesaid Acts.
(3) As regards restoration of possession to a tenant dispossessed from land held
by him, the requirements that he should have held the land for a period of six
consecutive years before the 10th day of September 1961 will be deleted, in order
to enable tenants who may not satisfy this requirement to get possession restored.
(4) Social provisions made in favour of the members of the Armed Forces of the
Union area made applicable to personnel of the Merchant Navy, and in the case of
any member of the Armed Forces of the Union who dies while engaged in
operations for the defence of India such members spouse, child and grand child
dependant upon such member will also be governed by such special provisions.
(5) As regardes surrenders to which section 25 of the Act is applicable, provision
is made that the landlord will be permitted to accept surrenders only to the extent to
which he could have resumed the land, the excess land being treated as surplus
land.
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(6) The amount of compensation payable in cash under section 51 will be limited
to two thousand rupees instead of ten thousand rupees.
(7) As regards plantations, the limit of one hundred acres for development of
plantation fixed in clause (ii) of the explanation to section 104 will be deleted, and
the limitation on the interspersed land specified by clause (iii) of the same
explanation will also be deleted.
(8) Exemption granted to Government lands under section 107 will also be
granted to lands belonging to or held on lease from religious and charitable
institutions managed by or under the control of the Government.
(Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 9th April,
1965, as No. 86, at p. 16.)
III
Amending Act No. 38 of 1966.According to section 14 of the Mysore Land
Reforms Act, 1961, the statements by the landlords who bona fide require land for
cultivating personally, or for any non-agricultural purpose had to be filed with the
Tribunal within one year from the appointed day, namely, the 2nd October 1965. As
certain preliminary formalities like determination and publication of areas where land
having assured irrigation facilities lie, and notifying average annual rainfall of the
different areas, had not been completed to enable the filing of such statements, it
was considered necessary to amend sub-sections (2) and (4) of the said section to
extend the time limit by three months. Accordingly Mysore Ordinance No. 2 of 1966
was promulgated. Certain minor clarificatory amendments to clause (c) of sub-
section (2) of section 14 and to section 81A and 142 were also made. The present
Bill is intended to replace the said Ordinance. Provision has also been made in the
Bill for amending section 7 to enable dispossessed tenants to make applications for
restoration of possession within fifteen months from the appointed day. The Director
of Statistics has been empowered to notify the average annual rainfall of different
areas for purposes of Part A of Schedule I to the Act. The explanation to this Part is
also proposed to be amended for this purpose.
(Published in the Karnataka Gazette Extraordinary, Part IV-2A, dated 9th
November 1966, as No. 188, at p. 4.)
IV
Amending Act No. 1 of 1967.At present the Bombay Prevention of
Fragmentation and Consolidation of Holidays Act, 1947, is in force in the Bombay
Area and the Hyderabad Consolidation of Holdings and Prevention of
Fragmentation Act, 1956, is in force in the Hyderabad Area.
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Both the First Five-Year Plan and the Second Five-Year Plan have emphasised
that in all States, programmes for consolidation of holdings should be expanded and
pursued with vigour. It is considered necessary to have a uniform Law relating to
prevention of fragmentation and consolidation of holdings applicable throughout the
new State of Mysore. Hence this Bill.
The main features of the Bill are:
(1) A plot of land of less extent than appropriate standard area which is not
profitable for cultivation is considered a fragment;
(2) Future fragmentation of lands is prevented;
(3) Every holder will be given a compact area equivalent in value to what he
held before in the scattered fields;
(4) Transfers or partitions which would result in creation of a fragment are
prohibited;
(5) During consolidation proceedings, nobody will become landless however
small his holdings may be, and big holder will not get enlarged holdings;
(6) Any owner of fragment can transfer such fragment to the owner of
contiguous survey number on payment of compensation determined by the
Deputy Commissioner. If the contiguous owner refuses to take it, he can
transfer it to the State Government;
(7) If a holding is burdened with lease, mortgage, debt or other encumbrances,
such encumbrances shall be transferred therefrom and attach it self to the
holding allotted to the original owner thereof in the scheme.
Hence the Bill.
June 1964, as No. 156, at p. 2627.)
V
Amending Act No. 5 of 1967.Section 14 of the Mysore Land Reforms Act,
1961 required the landlords who bona fide required land for their personal
cultivation or for any non-agricultural purpose to file statements with the Tribunal
within one year from the appointed day, namely, the 2nd October, 1965. As certain
preliminaries like determination and publication of areas having assured irrigation
facilities and notifying average annual rainfall talukwise could not be completed
before 2nd October 1966 to enable the filing of such statements the time limit was
extended by three months firstly by Mysore Ordinance No. 2 of 1966, which was
replaced by Mysore Act No. 38 of 1966.
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The extended time limit expired on 2nd January 1967. Before the expiry of the
extended time limit, the determination and publication of areas where assured
irrigation facilities lie could not be completed in the eight districts, viz., (1)
Chickmagalur, (2) Dharwar, (3) Gulbarga, (4) Hassan, (5) Mysore, (6) Shimoga, (7)
South Kanara and (8) Tumkur. It was therefore considered necessary to further
extend the time limit in these eight districts for filing statements by landlords under
section 14 by four months from 2nd January 1967. This was done by promulgation
of Ordinance No. 1 of 1967.
This Ordinance No. 1 of 1967 is now proposed to be replaced by the Bill.
March, 1967, as No. 79, at p. 3.)
VI
Amending Act No. 11 of 1968.Certain Land Tribunals in the Bombay Area,
while disposing of statements filed under section 14 of the Mysore Land Reforms
Act, 1961, have held that in view of section 16(10B) of the Act, the provisions of
sections 31A, 31B and 31C of the Bombay Tenancy and Agricultural Lands Act,
1948, are not applicable as these provisions had been suspended by the Bombay
Tenancy (Suspension of Provisions and Amendment) Act, 1957 (Mysore Act 13 of
1957). As the intention is that the provisions of the said sections should apply to
such cases, it is considered necessary to make it clear. It is also necessary to
amend section 103 to provide that the protection under section 6 of the Act does not
extend to leases in favour of industrial and commercial undertakings. It is further
necessary to provide for an appeal against the order of the prescribed authority
under section 8(3) of the Act. Hence the Bill.
December, 1967, as No. 275, at p. 4.)
VII
Amending Act No. 6 of 1970. The Bill is intended primarily to expedite the
disposal of the accumulation of resumption Applications. Rent applications and
other Miscellaneous applications under the Land Reforms Act with the Special
Tribunals appointed for the purposes, by enabling all the Munsiff Court to function
as Land Tribunals, and by separating the Judicial from executive functions and
transferring the latter to the Tahsildars. This will also add to the conveniece of the
parties as the territorial jurisdiction of the present Land Tribunals extend to more
than one Taluk in many cases and the new arrangement would make the Tribunals
more easily accessible in all the areas. The opportunity has been taken to define
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the areas specified in the Land Reforms Act in metric terms as desired by the
Government of India and to remedy the lacuna observed by the High Court in one
of their judgments regarding the powers of the Court to decide as to who is a tenant.
(Published in the Karnataka Gazette (Extraordinary), Part IV2A, dated 12th
January 1970, as No. 16.)
VIII
Amending Act No. 4 of 1972.Rent recovery suits filed by the landlords from
1966 onwards could not be disposed of in certain areas as the average yields of
principal crops and the prices of such crops notified by the Tahsildars and the Chief
Marketing Officer respectively had to be revised pursuant to the directions of the
High Court on Writ Petitions filed before it. The notifications of average yield could
be finalised in a few cases only in the year 1971. Consequently the rent recovery
suits filed from 1966 are being disposed of now. It will be a great burden on tenants
to pay the arrears of rent accrued from 1966.
The present Bill is intended to save tenants from eviction if a sum equal to two
years rent is paid. Provision is also made for restoration of possession to the
tenants evicted under certain circumstances.
April, 1972, as No. 135, at p. 5.)
IX
Amending Act No. 2 of 1973.In the Mysore Land Reforms (Amendment and
Miscellaneous Provisions) Act, 1972 which is deemed to have come into force from
11th May, 1972, among other things it is provided that no order for restoration of
possession of any land to the landlord on the ground of default in paying rent by the
tenant shall be executed if the tenant pays to the land-lord an amount equal to the
rent due for a period of two years. It was considered that this provision was not
adequate enough to save the tenants from unfair eviction especially when the
decrees presented for execution are more than one. It was also considered that the
tenants do not get the required relief under this provision as it does not provide for
payment of arrears of rent in easy instalments.
In view of the urgency involved in providing further safeguards to the tenants, the
Mysore Tenants (Relief in Payment of Arrears of Rent) Ordinance, 1972 was
promulgated on 28th October, 1972 providing for
(i) recovery of accumulated arrears of rent in easy instalments to be fixed by the
Munsiff Courts taking account the capacity of the tenant to pay;
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(ii) postponement of payment of instalment in case of suspension or remission of

land revenue;
(iii) exempting tenant from arrest and imprisonment in execution of decree or
order;
(iv) execution of decrees for deliberate default in payment of instalment by the
tenant.
The Bill seeks to replace the said Ordinance.
(Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 22nd
November, 1972, as No. 553, at p. 6.)
X
Amending Act No. 1 of 1974.According to the existing provisions of the
Mysore Land Reforms Act, 1961, a person can hold land upto 18 standard acres
after 2nd October 1965 or 144 acres of last class of land. In the case of a person
who had held land prior to 2nd October 1965, the extent to which he is permitted to
continue to hold is 27 standard acres or 216 acres of last class of land. In the case
of a family or a joint family, six additional standard acres are permitted to be held for
each member in excess of five, subject however to double the ceiling limit
applicable to the family. Thus a large family holding lands prior to 2nd October 1965
could own upto 432 acres of the last class of land. This is considered to be too
liberal a scale having regard to the large number of landless persons desiring to
take up cultivation.
The existing law defines family as follows:
family in relation to a person means such person, and if married, the wife or
husband, as the case may be, and the dependant children and grand-children of
such person.
It is proposed to adopt a new definition, in which a family would consist of
husband, wife and the minor children. This is the natural family. The ceiling for a
family consisting of husband, wife and three minor children shall be 10 acres of land
with assured irrigation capable of raising two crops of paddy in a year or one crop of
sugarcane or 15 acres of irrigated land capable or raising only a single crop of
paddy if irrigated from the river projects and major tanks; and 18 acres if irrigated
from small tanks. Lands coming under lift irrigation will have a ceiling of 15 acres.
Rainfed wet lands will have a ceiling of 25 acres. Dry lands will have a ceiling of 36
acres, 45 acres and 54 acres according to the range of rainfall. For larger families
with more than 5 members a proportionate increase is made at the rate of two acres
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of first class of land for every additional member subject to an overall limit of twenty
acres of first class of land.
While applying the ceiling and determining the surplus land for a family, the
lands held by the individual members will be added together. Where lands are held
separately by the husband and wife of a family, the surplus to be surrendered shall
be on pro-rata basis from the holding of each member of the family.
Ceiling will not apply to the lands held by Co-operative Farming Societies but the
extent held by each person in such society and also in firms, associations and
private trusts shall be deemed to be his personal holding for applying the ceiling.
Persons having assured income of not less than Rs. 12,000 per annum from
non-agricultural source are not permitted to hold agricultural lands. Persons who are
not cultivating personally are also not permitted to hold agricultural lands.
The term to cultivate personally is re-defined so as to require residence within
16 kilometres from the limits of the village in which the land is situated.
The exemptions from the ceiling at present available to the lands exclusively
used for grazing of cattle, forest land, land used for specialised farms, land used for
sugarcane farms and land used for efficiently managed farms have been removed
and exemptions from ceiling area made available only in the following cases,
namely:
(a) lands owned by Government or taken on lease from Government for a period
not exceeding twenty years;
(b) lands given as a gallantry award;
(c) lands used for stud farms approved by Government;
(d) lands belonging to Agricultural Produce Marketing Societies.
Section 8 regarding rent will apply even to exempted lands.
In the case of Sugar Factories hundred acres of land with assured irrigation
facilities for purposes of Research and seed farm are permitted to be held.
Orchards will be treated as dry lands and the ceiling of fifty-four acres is made
applicable to them. The lands on which coconut trees are grown are treated as dry if
they are grown without any irrigation.
For computation of revised ceiling, transfers of lands made from 18th November
1961 will be taken into account.
Rent: Under the existing law, the rent payable by the tenant to the landlord shall
not exceed one-fourth of the gross produce or its value in cash in the case of land
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possessing facilities for assured irrigation from a tank or a river channel, and one-
fifth of the gross produce or its value in cash in the case of any other land.
This involves determination of average yield of principal crops, market prices of
the various commodities and as such, fixation of rent has become cumbersome
process involving much time and energy. The method of fixing the rent is proposed
to be simplified by fixing the rent at ten times land revenue for dry lands possessing
no facilities for irrigation from Government sources. For lands classified as dry but
possessing irrigation facilities from Government sources an additional rent ranging
from Rs. 22 per acre per annum to Rs. 66 per acre per annum on the basis of
irrigation facilities made available from Government source of irrigation is made
payable.
The amount payable to the owner in respect of the non-resumable land vesting
in Government under section 44 of the Act and the amount payable in respect of
surplus land vesting in Government under section 72 will be a multiple of the net
income, which is the same as rent. The multiple will be fifteen for net income upto
Rs. 5,000 per annum, twelve for the next slab of net income from Rs. 5,000 to Rs.
10,000 and ten for the slab of net income over Rs. 10,000 per annum paid in
instalments through negotiable bonds as at present. The amount payable is limited
to rupees two lakhs.
The surplus land that would become available for distribution on applying the
revised ceiling will be distributed by following the priorities given below, at the same
time reserving fifty per cent of the surplus land for being allotted to the Scheduled
Castes and Scheduled Tribes:
(a) displaced tenants who have no Not less than one unit each.
land.
(b) landless agricultural labourers Not less than one unit each.
and other landless persons.
(c) other persons having less than Not less than the extent required
one unit. to make up one unit.
Opportunity has also been taken to
(i) authorise the Deputy Commissioner of the District to issue notifications of
vesting of non-resumable lands in Government as and when such extents are
determined by the authorities concerned;
(ii) make the Assistant Commissioner the appropriate authority to investigate and
locate lands which are deemed to be non-resumable under section 2(A), (29) and
section 14(3);
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(iii) reduce the price payable by a tenant for site on which a dwelling house is
built from twenty times the rent to ten times the rent;
(iv) provide for application of ceiling to holdings becoming irrigable on a future
date under Government irrigation projects;
(v) divest Munsiff Courts of certain non-judicial powers and investing them in
Revenue Officers;
(vi) provide for the definition of Tahsildar to include Special Tahsildar;
(vii) provide for review of the proceedings of the Tahsildar or the Assistant
Commissioner by the Divisional Commissioner;
(viii) substitute a new Schedule I in place of the existing one;
And other consequential amendments to quicken the pace of implementation of
the Act.
(Obtained from the Mysore Land Reforms (Amendment) Bill 1972 in File No.
LAW 55 LGN 72.)
XI
Amending Act No. 26 of 1974.Section 48A of the Karnataka Land Reforms
Act, 1961 (Karnataka Act 10 of 1962) provides that every person entitled to be
registered as an occupant under section 45 may make an application to the Tribunal
within six months from 1st March 1974. This time limit is due to expire on 31st
August 1974. It is proposed to extend it to 31st December 1974 as there is a great
demand from the rural population to allow extension of time.
Section 66 of the said Act as it stood prior to the promulgation of the Ordinance
on 29th May 1974 allowed time for filing declarations of holdings upto 30th May
1974 and the filing of declarations had to be done in terms of A, B, C and D classes
of lands.
On further examination it was considered unnecessary to link up filing of
declarations with the A, B, C and D classification of lands and that the time limit of
90 days from 1st March 1974 required to be extended further by 90 days to enable
the declarants to file their declarations.
Accordingly the Karnataka Land Reforms (Amendment) Ordinance 1974
(Karnataka Ordinance No. 3 of 1974) was promulgated on 29th May 1974 providing
for filing of declaration with reference to irrigated, rainfed and dry lands within the
extended time of 90 days from 30th May 1974. It is proposed to further extend the
time upto 31st October 1974.
Hence this Bill.
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August, 1974, as No. 2694, at p. 4.)
XII
Amending Act No. 31 of 1974.Section 133 of the Karnataka Land Reforms
Act expressly provides that the Civil Courts shall stay the suits involving issues
required to be decided under the said Act and refer such issues to the Tribunal for
decision.
In spite of the express provision in section 133, the Civil Courts had been
granting injunctions against tenants in suits filed by land-lords under the specific
Relief Act claiming that there were no tenants on the land as evidenced by entries in
Record of Rights. The Courts took the view that actual possession on the relevant
date and not legal title to the land was criteria in such suits. To safeguard tenants
from dispossession in consequence of injunctions issued in such suits, further
provision in the Land Reforms Act were considered desirable and accordingly an
Ordinance (No. 6 of 1974) was issued on 3rd August 1974.
Section 91 of the Karnataka Land Reforms (Amendment) Act, 1973 is also
proposed to be amended to make the intention clear.
Hence the Bill.
August, 1974, as No. 2693, at p. 5.)
XIII
Amending Act No. 18 of 1976.Section 48 which provides for the
establishment of Tribunals does not enable establishment of additional tribunals
even in taluks where the volume of work is very heavy. This section also makes it
obligatory for a Legislator being a member of the Tribunal.
To ensure quicker disposals of tenants application establishment of additional
Tribunals wherever necessary was considered expedient. It was also considered
not practicable to have a Legislator as a member of additional Tribunal. It was
therefore considered necessary to amend section 48 to provide for the
establishment of additional Tribunals and to make it not obligatory to have a
Legislator as a member.
Since it was noticed that in some areas of the State all the tenants had not
applied for registration for various reasons it was felt that time may be extended
upto 30th June 1976 to enable such applications being filed and admitted if
sufficient cause was shown for the delay and for this purpose section 48A may be
amended.
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Compensation to widows and minor and disabled persons were also to be paid
in lumpsum under section 51. It was considered that in their cases such
compensation may be paid in one lumpsum. It was therefore proposed to amend
section 51.
As a consequence of payments to widows etc., in one lumpsum it was felt that
the premium payable by the tenant to be registered as an occupant should also be
made payable in one lumpsum and that section 53 may be amended for this
purpose. It is proposed to frame rules and empower the State Government to
channel assistance from the State Development Bank or a credit agency to the
tenant to make such payments.
To safeguard against a person who had large extents of land in 1961 but who
has disposed of all his lands before 1st March 1974 or has brought down his
holdings to less than 10 acres of irrigated land or the equivalent thereof as on 1st
March 1974, evading to file declaration under section 66, a new sub-section (4) is
being inserted in section 66 making it mandatory on all persons who held on or after
18th November 1961, ten acres of irrigated land or 20 acres of rainfed wet land or
40 acres of dry to file their declarations indicating their holdings during the period
from 18th November 1961 to 1st March 1974 and the transfers effected.
The original time limit for declaration under the amended sub-section 4 of the
section 66 of the Land Reforms Act expired on 9th December 1975 and has been
extended by a further period of 90 days. This extension of time is felt necessary in
view of certain difficulties expressed by holders of land in tracing all transactions
subsequent to 18th November 1961.
Having regard to the current rate of interest on Government borrowings the rate
of interest payable to the owners of tenanted land and surplus land vesting in
Government and that payable by allottees of surplus land on the instalments of
occupancy price is being changed from four and a half per cent to five and a half
per cent by amending sections 51, 73 and 78.
Clause 8 of section 125 is being amended to enhance the punishment for failure
to furnish a declaration under section 64 (4) or for furnishing false or incorrect
declaration, to imprisonment of not less than six months but which may extend to
one year or fine which may extend to five thousand rupees.
Section 132 is amended to omit the word Court which is superfluous.
The above amendments had to be brought into force through Ordinances in view
of the urgency. This Bill seek to replace these Ordinances.
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(Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 31st

January, 1976, as No. 630, at p. 6.)
XIV
Amending Act No. 27 of 1976.In the absence of specific provisions in the
Land Reforms Act investing the Tribunals constituted under Section 48 with powers
to issue interlocutory orders in the nature of temporary injunction or appointment of
Receivers concerning the land in respect of which an application was made to the
Tribunal under Section 48-A, the Civil Courts continued to exercise these powers
and there was confusion due to orders issued by the Civil Courts not always taking
into consideration the matters which were being agitated before the Tribunal. To
remove this parallel jurisdiction, the Tribunals had to be vacated with the powers to
issue interlocutory orders in the nature of temporary injunction or appointment of
Receiver in respect of any land which is the subject matter of an application under
Section 49-A by a tenant. It was considered necessary specifically to empower the
Tribunal to decide whether the land in respect of which an application under Section
48-A is made, is agricultural land or not, as it was ruled that in the absence of
specific power to the Tribunal to decide this matter, regular Civil Courts could
entertain applications and decide whether any land is agricultural land, coming
within the purview of Land Reforms Act. Consequential amendment to Section 133
to enable the Civil Courts to refer to the Tribunals all matters in respect of which
powers are now vested in the Tribunals was also considered necessary.
In view of the urgency of the matter, these amendments were effected by
Ordinance No. 24 of 1975. This Bill is for replacing the Ordinance.
(Obtained from LA Bill No. 17 of 1976.)
XV
Amending Act No. 44 of 1976.The work relating to determination of surplus
lands requires to be expedited so that the surplus lands will become available as
soon as possible for distribution among the landless. At present the Tahsildar is the
authorised officer entrusted with the work. It is considered that by associating non-
officials quicker progress may be made. It is therefore proposed to entrust this
function to the Tribunal already constituted under section 48 of the Act.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 7th April,
1976, as No. 1857, at p. 4.)
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XVI
Amending Act No. 67 of 1976.The time limit for condonation of delay by the
Tribunals in respect of applications filed under section 48A of the Karnataka Land
Reforms Act expired on 30th June, 1976. In view of the general awareness
generated among the tenants it was considered necessary to give further
opportunity to them to file applications under section 48A by extending the time limit
for condonation of delay by the Tribunals by another six months from 1st July, 1976
upto the end of December 1976 by promulgating an Ordinance.
This Bill seeks to replace the said Ordinance.
(Obtained from L.C. Bill No. 10 of 1976.)
XVII
Amending Act No. 12 of 1977.By an amendment to Karnataka Land Reforms
Act, the Tribunal were given the power to condone delay and accept the
applications filed by tenants under section 48A upto 31st December 1976.
During the extended period from 1st July 1976 to 31st December 1976 it is seen
that there was a receipt of about 30271 applications for a period of five months
giving a monthly average of 6,000 applications. In view of the awareness now
generated among the tenants by widespread publicity and special drives
undertaken by the Revenue Officers, it is considered desirable to further extend the
time limit by another six months and afford further opportunity to the tenants, who
either due to ignorance or for other reasons, have not yet filed their applications for
confirmation of occupancy rights.
As it was felt expedient to extend the time limit till 30th June 1977, and as both
the Houses of State Legislature were not in session, and as the matter was urgent
Ordinance No. 38 of 1976 was promulgated.
The tenants were required to pay the premium in one lumpsum under section
53(1) of the Karnataka Land Reforms Act and under section 53(1A) the State Land
Development Bank/Taluk Primary Land Development Bank could finance the
tenants to pay the premium in one lumpsum. This scheme picked up adequate
momentum during the last quarter of 1976. However, at this state a serious
bottleneck threatened to block further progress under the scheme. This was
because the Reserve Bank of India had enjoined a limit on financing for such
purposes at 10 per cent the total financing by S.L.D.B., in a year. By December
1976, the S.L.D.B. in Karnataka had exceeded this 10 per cent limit. The Reserve
Bank of India agreed in the 3rd week of February 1977 to relax this 10 per cent limit
provided certain amendments were made to the Land Reforms Act, so that, the
tenants could be called upon to pay only so much in each at a time as was required
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to be paid correspondingly by the Government to the landlords and were thus

relieved of the burden of a heavy interest. This suggestion of Reserve Bank of India
was found eminently reasonable and accepted by the Government. In order to
ensure that there was no slowing down of the scheme of financing the tenants
through the S.L.D.Bs/P.L.D.Bs. and help all the deserving tenants to obtain the
occupancy rights on their lands, an Ordinance was promulgated making further
amendments to the Land Reforms Act, in conformity with the principles enunciated
by the Reserve Bank of India. Since, under the Act, Government is obliged to pay
an annuity in perpetuity to the Institutions to compensate them for their loss of
income from the tenanted lands, a special provision has also had to be made for
such Institutions in the (Amendment) Ordinance issued.
Therefore, the Karnataka Land Reforms (Amendment) Ordinance, 1977 was
also promulgated. This Bill seeks to replace the said Ordinance.
March, 1977, as No. 234, at p. 5.)
XVIII
Amendment Act No. 23 of 1977.In order to clarify certain provisions of the
Land Reforms Act and for the purpose of its speedy implementation, it is considered
necessary to make the following among other amendments to certain of its
provisions.
(1) Not to recover any rent from the tenant pending disposal of his application by
the Tribunal for registration as an occupant.
(2) For eviction of an unauthorised occupant before surplus land is disposed of
under section 77.
(3) To provide that a member of the Tribunal who absents himself from three
consecutive meetings ceases to be a member.
(4) To provide that previous proceedings may be continued by a reconstituted
Tribunal.
(5) To enable the Tribunal to pass orders in respect of the admitted part of a
claim and proceed separately in respect of the contested part.
(6) To provide that the number of instalments under which the tenant is to pay
the premium shall be the same as the number of instalments under which he
receives the loan from a credit agency.
(7) To recover compensation for use and occupation of surplus land from a
person who does not hand over possession to Government immediately.
(8) To enable rules being made regarding distribution of surplus lands remaining
after reservation to Scheduled Castes and Scheduled Tribes.
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(9) To provide for appeal against orders passed by the prescribed authority
under section 83.
(10) To provide for incidental and other consequential amendments.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 19th July,
1977, as No. 549, at p. 8.)
XIX
Amending Act No. 1 of 1979.Amendments proposed in the Bill are mainly to
give effect to the suggestions made by the Government of India while assenting to
the Act 1 of 1974 and to remove certain difficulties felt in the implementation of the
Act. Some of the important amendments proposed are.
(1) cocoa is being made a plantation crop;
(2) persons cultivating lands on the strength of leases created upto 1st March
1974 contrary to the provisions of section 5 are proposed to be declared as tenant;
(3) certain dependents of soldiers who have died while in service are proposed
to be permitted to alienate the land resumed from their tenants;
(4) provision is being made to grant agricultural labourers ownership of their
dwelling houses;
(5) members of the Tribunal who continuously absent themselves for more than
three consecutive meetings of the Tribunal are proposed to be removed and the
Deputy Commissioners are being empowered to transfer cases from one Tribunal to
another wherever necessary;
(6) the High Court has recently struck down the registration of tenants as
occupants who filed their applications after 31-12-1974 without showing sufficient
cause for the delay. It is proposed to validate all such applications. Time to file
declarations is being extended upto the expiry of three months from the date of
commencement of this Act;
(7) it is proposed to provide for the payment of compensation in a lumpsum to
landlords whose annual income is not more than Rs. 2,400 and to give option to
widows to receive the compensation amount either in lumpsum or in the form of
annuity. In the case of religious and charitable institution, in lieu of annuity it is
proposed to give every year the interest that would accrue had the amount payable
been deposited in fixed deposit in a Scheduled Bank for a period not less than 61
months;
(8) as desired by the Reserve Bank of India it is proposed to give compensation
in the form of non-negotiable bonds to landlords;
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(9) it is proposed to empower the Deputy Commissioner or some other officer

authorised by the Government to distribute surplus lands;
(10) the Tribunal is being empowered to reopen any orders passed under
section 67 of the Tribunal is satisfied that the said order has been obtained by fraud,
misrepresentation or suppression of facts or by furnishing false, incorrect or
incomplete declarations;
(11) the provisions of the Act are being made applicable to all tenants and
landlords holding lands in inams or other alienated lands;
(12) according to the existing Schedule I the Government has to issue a
notification specifying the nature of irrigation facilities from Government canals and
from Government tanks in respect of all lands for the purpose of classification of
lands. It is proposed to remove the necessity of issuance of notification by the
Government.
Opportunity is taken to make some other consequential and minor amendments.
Hence this Bill.
XX
Amending Act No. 2 of 1980.Under section 55 of the Karnataka Land
Reforms Act, 1961 (Karnataka Act 10 of 1962) a person entitled to be registered as
occupant had to pay the amount payable in full or the first instalment thereof, in
order to obtain a certificate of registration as occupant. It was considered necessary
that small tenants entitled to be registered as occupants of an extent of land not
exceeding two units should be permitted to get themselves registered as occupants
on payment of a sum of one hundred rupees initially. This would facilitate them to
obtain financial assistance for the development of their land and for agricultural
operations.
In order to extend the benefit to the small tenants immediately an Ordinance had
been promulgated. The present Bill is intended to replace the Ordinance.
February 1980, as No. 138, at p. 3.)
XXI
Amending Act No. 3 of 1982.Sub-section (2) of section 5 is amended to
exempt tenancy created prior to 1st March 1974 but continued by a soldier or
seaman also from the provisions of section 5(1).
Substitution of clause (b) in sub-section (1) of section 8 with effect from 1st
January 1979, is intended to restore the quantum of amount payable to land
owners to the position as it stood on 31st December 1978.
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The proviso to sub-section (6) of section 48A is inserted to enable Tribunals to

correct clerical or arithmetical mistakes in their orders.
Section 48C is amended to empower Tribunals to issue interim orders in respect
of homestead dwellers to prevent their eviction pending disposal of applications
filed.
The Amendment of section 51 is intended to limit the lumpsum payment to
minors, widows, small holders etc. to Rs. 50,000/-. Persons who were minors or
those who were subject to the prescribed physical or mental disability at the time of
the determination of the amount payable are also made eligible for the lumpsum
payment.
By amending section 53 the discrimination that existed as regards payment of
premium amount by ex-tenants in lumpsum and in instalments depending upon the
status of the land owners is removed. Further, the tenants are not to pay interest on
instalments towards which amount is advanced by the Karnataka State Land
Development Bank.
Section 53A is inserted to create a fund for payment of annuities to religious and
charitable institutions.
Section 55 is amended to enable ex-tenants to get certificates of occupancy
rights soon-after receipt of the decisions of Land Tribunals even without payment of
the sum of Rs. 100/- or any amount of premium or the 1st instalment thereof, in the
first instance.
The amendment of section 67 is intended to facilitate Tribunal of a taluk to
dispose of declarations where portions of the land declared are situated in another
taluk.
The amendment of section 78 is mainly intended to enable grantees, who have
obtained surplus land under section 77 to obtain loans from the Karnataka State
Land Development Bank for payment of purchase price.
On account of the view held by the High Court in a judgment delivered on 26th
February 1979, the amendment of section 80 and 83 is necessitated to make invalid
transfers referred to in section 80.
The amendment of section 106 is to make payment of annuity to Religious and
Charitable Institutions in respect of tenanted lands. The position as it stood on 31st
December 1978 has been restored.
The amendment of section 107 is to enable Research Institutions; affiliated to
Universities to hold land for research purposes.
Provision is also made to frame rules in respect of study farms provided for in
section 107 (1) (v).
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Other amendment are incidental and consequential.

Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 3rd
March, 1981, as No. 98, at p. 8.)
XXII
Amending Act No. 1 of 1983.Under section 38 of the Karnataka Land
Reforms Act, 1961 the agricultural labourers had to file applications for registration
as owners of their dwelling houses on or before 31st December, 1969. This period
was extended till 31st December, 1981 by the Karnataka Land Reforms
(Amendment) Act, 1981 (Karnataka Act 3 of 1982). Since Act 3 of 1982 received the
assent of the President only on 1st March 1982, the benefit of extended time could
not be availed of by many. Having in view this circumstance and the demand from
the public it is proposed to extend the time upto 31st March 1983.
In cases where an order under sub-section (1) of section 67 had been obtained
by filing false, incorrect or incomplete declarations etc., the tribunal had to exercise
its power of review under section 122A within a period of two years from the date of
the order or the 31st December, 1981, whichever is later.
It is considered necessary to extended the time till 31st March 1983. Accordingly
an ordinance was promulgated.
This Bill seeks to replace the said ordinance.
November 1982, as No. 816, at p. 3.)
XXIII
Amending Act No. 35 of 1985.According to the existing provisions under the
Karnataka Land Reforms Act, Compensation to ex-landlords is paid partly in cash
and partly in bonds (in the case of extended lands) and wholly in the form of bonds
(in the case of surplus lands). The bonds are envisaged to be non-transferable and
non-negotiable in character, carrying an interest at 5% per annum and maturing in
a period not exceeding 20 years.
A number of representations have been received that payment in the form of
bonds would cause enormous inconvenience to the payees. Keeping this in view, it
is now proposed to make payment in the form of National Savings Certificates
instead of bonds. Payment in the form of National Savings Certificates is expected
to bring considerable relief to the ex-landlord payees.
Section 122-A of Karnataka Land Reforms Act, 1961 provides for review of case
of surplus declaration already decided earlier in cases where the determination has
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bee obtained by fraud, mis-representation etc. The time limit fixed is two years from
the date of such order or within 31st December 1981 whichever is later. However as
Act 3 of 1982 which extended time limit upto 31st December 1981 received the
assent of the President of India on 1st March 1982 i.e. after the lapse of the time
limit fixed, it did not serve any purpose.
Decision had been taken in the State Level Conference of Divisional
Commissioner, Deputy Commissioners and Special Deputy Commissioner held on
22nd and 23rd January, 1982 to extend the time limit. Accordingly Government had
further amended the section 122-A by extending time limit upto 31st March 1983 by
Act 1 of 1983.
As there are still a number of such surplus land cases remaining to be reviewed,
it is considered necessary to extend the time limit for a further period of upto 30th
June 1984 by amending section 122-A of the Karnataka Land Reforms Act, 1961.
Hence the Bill.
February 1984, as No. 111, at p. 45.)
XXIV
Amending Act No. 19 of 1986.In the Karnataka Land Reforms Act, 1961,
there is no provision for preferring an appeal against the order passed by the Land
Reforms Tribunal.
The High Court of Karnataka in Writ Petition No. 28441/1981 has observed that
the disposal of the cases by the Tribunal is not satisfactory and to facilitate proper
adjudication of disputes a provision in the Act for preferring an appeal is desirable.
It is hence intended to provide for an appeal against decision of the Land
Reforms Tribunal by constituting an Appellate Authority.
It is also intended to waive the installment of premium payable on or after 17th
October 1984 by person registered as occupants of land equal to 10 acres of D
Class land or less.
The Karnataka Land Reforms (Amendment) Ordinance 1985 (Karnataka
Ordinance 18 or 1985) was promulgated for the said purpose.
This Bill seeks to replace the said Ordinance.
Opportunity is also taken to extend the jurisdiction of the Appellate Authority to
the case under the Mysore (Personnel and Miscellaneous) Inams Abolition Act,
1954, the Mysore. (Religious and Charitable) Inams Abolition Act, 1955, the
Karnataka (Sandur Areas) Inams Abolition Act, 1976 and the Certain Inams
Abolition Act, 1977, decided by the Land Reforms Tribunal.
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(Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 21st

February, 1986, as No. 135, at p. 11.)
XXV
Amending Act No. 18 of 1990.After the Karnataka Land Reforms Act, 1961,
was amended by Act 1 of 1974, it was expected that litigations pertaining to the
tenancies would be disposed off early.
However, the Act was again amended by Act No. 19 of 1986, and provision was
made for an appeal to the Land Reforms Appellate Authority with two Official
Members, of whom one was a Civil Judge from the Judicial Department and another
from the Revenue Department not below the rank of a Deputy Commissioner.
Earlier to the amendment Act No. 19 of 1986, the orders of the land Tribunals
were final and they could only be questioned before the High Court in its Writ
Jurisdiction.
However, from the past experience, it is found that the desired results were not
forthcoming from the Constitution of the Appellate Authorities. The system has also
not proved to be beneficial in the majority of the cases.
Hence, after taking all factors into consideration, the Government decided to
abolish the Land Reforms Appellate Authorities and to make the decision of the
Tribunal final.
Hence the Bill.
June, 1990, as No. 420, at p. 7.)
XXVI
Amending Act No. 1 of 1991.The Government having considered several
representations to amend the Karnataka Land Reforms Act, 1961, has considered it
necessary to amend certain provisions of the said Act.
Salient features of the Bill are as follows:
1) The dependents of the soldier become entitled to resume the land, when the
soldier dies while in service.
2) Rent payable to soldiers is enhanced.
3) A person with income upto rupees 10,000 is proposed to be included in the
definition of the expression small holder.
4) Cocoa is omitted from the definition of Plantation Crops.
5) Persons who have attained age of 65 years are made eligible to receive
compensation in lumpsum.
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6) A person registered as an occupant whose holding does not exceed 10 acres

of D class of land, is proposed to be exempted from the payment of premium of
instalments which have fallen due and remained unpaid.
7) The limit of rupees 12,000 on the income accruing from sources other than
agriculture is proposed to be enhanced to rupees 50,000 to make persons having
such income eligible to acquire agricultural land.
8) The period fixed for filing application to the High Court consequent to the
abolition of appellate authorities is extended from 90 days to 120 days.
Opportunity is also taken to make some incidental and consequential
amendments.
Hence the Bill.
(Obtained from LA Bill NO. 28 of 1990.)
XXVII
Amending Act No. 31 of 1991.Sub-section (1) of section 79-A of the
Karnataka Land Reforms Act, 1961 was amended by Karnataka Act 1 of 1991,
raising the income limit relating to the acquisition of land to Rupees Fifty thousand.
A consequential amendment to sub-section (2) has become necessary.
It is considered necessary to exempt the Karnataka Housing Board and certain
Other Statutory Authorities from sections 79-A, 79-B and 80 of the said Act.
An Ordinance was promulgated for the above purpose.
This Bill seeks to replace the Karnataka Land Reforms (Amendment) Ordinance,
1991 (Karnataka Ordinance 7 of 1991).
Hence the Bill.
August, 1991, as No. 568, at p. 175.)
XXVIII
Amending Act No. 9 of 1992.Disposal of surplus land under section 77 of the
Karnataka Land Reforms Act, 1961 as subject to reservation of fifty percent for
grant to persons belonging to the Scheduled Castes and Scheduled Tribes.
Reservation of fifty percent to the said category of persons is considered to be
inadequate and so it is proposed to enahance the percentage of reservation to
seventy-five percent.
In order to promote industrial development and to enable educational institutions
to hold land for non-agricultural purposes, it is considered necessary to exempt any
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land from the provisions of section 79A or 79B also, as section 109 of the said Act
empowers the Government to exempt land from the provisions of section 80 only.
Under section 122A, a tribunal can review its order passed under section 67,
under certain circumstances within the period specified therein. It is considered
necessary to extend the said period upto 31st December, 1995 in the interest of
justice.
Hence the Bill.
March, 1992, as No. 169, p. 430.)
XXIX
Amending Act No. 31 of 1995.Certain difficulties have been experienced in
recent years in the working of the Land Reforms Act in the State, in as much as
restriction imposed on acquisition of agricultural land for certain purposes have
come in the way of achieving development in certain sectors of economy, especially
the Agro-Industrial Sector where the State holds considerable potential for
advancement. Industries and other economic sectors where speedy execution is
necessary, are found resorting to various indirect methods of obtaining lands for
their requirement, which often tend to defeat the very purpose of the Land Reforms
Law. In the new environment of economic liberlisation sweeping the country, it is felt
necessary to enable the industries based on aquaculture, floriculture, horticulture
and also the housing industry which hold high potential for drawing outside
investment in the State, to obtain lands required for their establishment and
expansion, easily.
The amendments proposed in this Bill are formulated with a view to addressing
these issues which have roused persistent demand for public regulation, and to
achieve overall development of the State by giving impetus to its economic growth
and to that end to remove the lacunae in the existing law.
Opportunity is also taken to make some other consequential and incidental
changes.
Hence the Bill.
(Obtained from LA Bill NO. 31 of 1995.)
XXX
Amending Act No. 8 of 1996.To enable the industries based on aquaculture,
floriculture, horticulture and also the housing industry which hold high potential for
drawing outside investment in the State, to obtain lands required for their
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establishment and expansion, easily, the Karnataka Act No. 31 of 1995 was
enacted to amend section 109 of the Karnataka Land Reforms Act, 1961.
In order to clarify that the exemption of land under sub-section (1A) of section
109 was subject to the provisions of Town and Country Planning Act, 1961 and that
grant of exemption is restricted to the provision, of section 63, 79A, 79B or 80,
Karnataka Ordinance No. 8 of 1995 was promulgated, amending the said sub-
section. As Ordinance No. 8 of 1995 would have lapsed on 8th February 1996,
Karnataka Ordinance 1 of 1996 was promulgated.
This Bill seeks to re-place the said Ordinance.
Hence the Bill.
XXXI
Amending Act 23 of 1998.It is considered necessary to amend the Karnataka
Land Reforms Act, 1961, to make a provision for grant of land vested in
Government under section 44, if a person fulfills the following conditions.
(i) he was, immediately before the first day of March, 1974, in actual
possession and cultivation of any land not exceeding one unit, which has
vested in the State Government under section 44, and
(ii) being entitled to be registered as an occupant of such land under section 45
or 49, has failed to apply for registration of occupancy rights in respect of
such land under sub-section (1) of section 48A within the period specified
therein, and
(iii) has continued to be in actual possession and cultivation of such land on the
date of commencement of the Karnataka Land Reforms (Amendment) Act,
1997.
Hence the Bill.
(Obtained from LA bill No. 27 fo 1997.)
XXXII
Amending Act 34 of 1998.It is considered necessary to amend the Karnataka
Land Reforms Act, to provide,
(i) for reckoning the period of 15 years for transfer of the land for which
occupancy rights have been given under this Act from the date of final order
passed by the Tribunal under section 48A instead of from the date of issue of
certificate under section 55;
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(ii) that not only the Special Deputy Commissioner but any other Officer
authorised by the State Government may grant the land under this section;
(iii) that the process of granting land may be completed within one year from the
date of commencement of the Karnataka Land Reforms (Amendment) Act,
1997.
(iv) that the land which shall be granted together with the land already held by
such person shall not exceed 2 hectares of D class of land or its equivalent
and no land which lies within the limits of the area specified in the Table shall
be granted.
Hence the Bill.
(Obtained from LC Bill No. 12 of 1998.)
XXXIII
Amending Act 22 of 2001.- It is considered necessary to amend the
Karnataka Land Reforms Act, 1961 (Karnataka Act 1 of 1962),-
(i) to provide for registration of the tenant alongwith his or her living
spouse as joint occupations.
(ii) To remove the time limit for grant of land under section 77A of the
Act.
Hence the Bill.
(Obtained from L.A.Bill No.12 of 2001)
XXXIV
Amending Act 20 of 2003.- It is considered necessary to provide for,-
(i) acquiring by sale, gift or mortgage of any land or interest therein of
agricultural property in favour of the Karnataka State Road Transport
Corporation constituted under the Road Transport Corporation Act, 1950
(Central Act LXVI of 1950), the Karnataka Power Transmission
Corporation Ltd., constituted under the Companies Act, 1956;
(ii) the Deputy Commissioner to grant exemption under section 109 of the
Act of any land in any area from the provisions of sections 63, 79-A, 79-
B or 80 subject to the same restrictions and in the same manner but
within the limits to be set forth under section 109.
Hence the Bill.
[L.C. Bill No.13 of 2002]
[Entry 18 of List-II of the Seventh Schedule to the Constitution of India]

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XXXV
Amending Act 34 of 2003.- Sub-section (1) of section 77 of the Karnataka
Land Reforms Act, 1961 provides for grant of surplus land to,-
(a) land less persons whose gross annual income does not exceed rupees
four thousand eight hundred and ex-military personnel whose annual
income does not exceed rupees twelve thousand [clause (iv)];
(b) other persons residing in villages in the same Panchayat and whose
gross annual income does not exceed rupees two thousand [clause
(vi)].
It is considered necessary to amend the law and to provide in one clause
for grant of land to landless persons or other persons residing in villages in the
same Panchayat area whose gross annual income does not exceed rupees twenty
thousand and to ex-military personnel whose gross annual income does not exceed
rupees twenty-two thousand.
Hence the Bill.
[L.A. Bill No. 14 of 2003]
[Entry 18 of List-III of Seventh Schedule to the Constitution of India]
XXXVI
Amending Act 18 of 2004.- It is considered necessary to amend
section 109 of the Karnataka Land Reforms Act, 1961 to provide for the Deputy
Commissioners to grant exemption under the said section to an extent not
exceeding half hectare of land.
Hence the Bill.
XXXVII
Amending Act 7 of 2005.- By inserting a proviso to sub-section (1-A) of section
109 of the Karnataka Land Reforms Act, 1961, the Deputy Commissioners were
empowered to exercise the powers of the State Government to grant exemptions to
an extent not exceeding half hectare of land. It is now considered necessary to
retain the said power of the State Government in respect of the areas under
Bangalore Rural District and Bangalore District.
Hence the Bill.
[L.A. Bill No.3 of 2005]
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XXXVIII
Amending Act 17 of 2005.- It is considered necessary to provide for an
appeal to the Revenue Appellate Tribunal from an order passed by the Deputy
Commissioner or an Officer authorised under sub-section (1) of section 77A by
suitably amending sub-section (2) of section 118 of the Act.
Hence the Bill.
[L.A. Bill No.8 of 2005]
****
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1
[KARNATAKA ACT]1 No. 10 OF 1962.
(First published in the 1[Karnataka Gazette]1 on the Fifteenth day of March,
1962.)
THE 1[KARNATAKA]1 LAND REFORMS ACT, 1961.
(Received the assent of the President on the Fifth day of March, 1962.)
(As amended by Karnataka Acts 14 of 1965, 38 of 1966, 1 & 5 of 1967, 11
of 1968, 6 of 1970, 4 of 1972, 2 of 1973, 1, 26 & 31 of 1974, 18, 27, 44 & 67
of 1976, 12 & 23 of 1977, 1 of 1979, 2 of 1980, 3 of 1982, 1 of 1983, 35 of
1985, 19 of 1986, 18 of 1990, 1 & 31 1991, 9 of 1992, 31 of 1995, 8 of
1996, 23, 34 of 1998, 22 of 2001, 20 of 2003, 34 of 2003, 18 of 2004, 7 of
2005 and 17 of 2005)
An Act to enact a uniform law relating to land reforms in the 1[State
of Karnataka]1.
WHEREAS it is expedient to enact a uniform law in the 1[State of
Karnataka]1 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 1[Karnataka State]1 Legislature in the Twelfth Year of
the Republic of India as follows:
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.1.11.1973.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.(1) This Act may be called
the 1[Karnataka]1 Land Reforms Act, 1961.
(2) It extends to the whole of the 1[State of Karnataka]1.
(3) It shall come into force on such 2[date]2 as the State Government
may, by notification, appoint.
1. Act came into force by notification w.e.f. 2.10.1965. Text of notification is at the end of this Act.
2. Definitions.(A) In this Act, unless the context otherwise requires,
1
[(1) agriculture includes,
1
[(a) acquaculture;]1
1. Item (a) inserted by Act 31 of 1995 w.e.f. 20.10.1995.
1
[(aa)]1 horticulture;
1. Renumbered by Act 31 of 1995 w.e.f. 20.10.1995.
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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;]1
1. Substituted by Act 1 of 1974 w.e.f. 01.03.1974.
(2) agricultural labourer means a person whose principal means of
livelihood is manual labour on land 1[and includes an artisan whose principal
means of livelihood is preparation of agricultural implements]1;
1. Inserted by Act 3 of 1982 w.e.f. 6.3.1982.
(3) agriculturist means a person who cultivates land personally;
1
[(4) Amendment Act means the 2[Karnataka]2 Land Reforms
(Amendment) Act, 1973;]1
1. substituted by Act 1 of 1974 w.e.f. 1.3.1974.
1
[(4A) x x x]1
1. Inserted by Act 19 of 1986 w.e.f. 6.12.1985 and Omitted by Act 18 of 1990 w.e.f. 8.10.1990..
(5) appointed day means the date appointed under sub-section (3) of
section 1;
1
[(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;]1
1.Inserted by Act 1 of 1979 w.e.f. 1.3.1974.
1
[(6) x x x]1
1. Omitted by Act 1 of 1974 w.e.f. 1.3.1974.
1
[(7) ceiling area means the extent of land which a person or family is
entitled to hold under section 63;]1
(8) co-operative society means a co-operative society as defined in the
1
[Karnataka]1 Co-operative Societies Act, 1959;
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(9) co-operative farm means a co-operative farm registered as provided

in section 91;
1
[(9A) Court means the Court of Munsiff within the local limits of whose
jurisdiction the land is situate;]1
(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 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 any
member of ones family;
1
[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 be
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;]1
Explanation II.In the case of a joint family, the land shall be deemed to
be cultivated personally, if it is cultivated by any member of such family.
1
[Explanation III.x x x]1
1
[(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;
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(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;]1
1
[(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;
(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, 1963;
(vi) the Karnataka State Agro-Industries Corporation, a company
registered under the Companies Act, 1956;
(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;]1
1
[(13) x x x]1
1
[(14) x x x]1
(15) improvement means, with reference to any land, any work which
adds to the 1[productivity]1 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 benefit or is, after execution, made
directly beneficial to it; and, subject to the foregoing provisions, includes,
1. Substituted by Act 1 of 1979 w.e.f. 1.3.1974
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(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 erosion or other damage
from water;
(c) the planting of trees or plantation crops and the reclaiming,
clearing, enclosing, levelling 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
alterations 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, earns his livelihood principally by manual labour on land,
and intends to take to the profession of agriculture;
(20) landlord means a person who has leased land to a tenant and
includes a person entitled to receive rent from a tenant.
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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 to the person to whom the land is leased;
(21) land-owner means an owner of land and includes a trustee or
mortgagee with possession thereof;
1[(21A) land revenue means all sums and payments received or
claimable 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;]1
1. Sub-sections (21A) and (21B) inserted by Act 1 of 1974 w.e.f. 1.3.1974
(22) notification means a notification published in the official Gazette;
(23) permanent tenant means a tenant 1[who cultivates land
personally]1,
(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 co-extensive with the duration of the tenure of the landlord;
1. Inserted by Act 1 of 1974 w.e.f. 1.3.1974
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1
[(24) x x x]1
(25) plantation crops means cardamom, 1[x x x]1 coffee, pepper, rubber
and tea;
1. Inserted by Act 1 of 1979 w.e.f. 1.3.1974 and Omitted by Act 1 of 1991 w.e.f. 5.2.1991.
(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 1[Belgaum Area]1, 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 1[Gulbarga Area]1, 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 or
succession from another person or if he has held such land as a tenant and
is an heir to such other person, the period during which such other person
held such land as a tenant shall be included in calculating the period of
twelve 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
all such persons shall, if any, one of them cultivated and continues to
cultivate such land personally be deemed to be protected tenants 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 a
protected tenant, to continue in possession and cultivate the land personally
for the period of the sub-lease;
1
[(28) rent means money paid or payable by a tenant on account of the
use and occupation of the land held by him;]1
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1
[(29) Scheduled 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 2[State of Karnataka]2 or in respect of any area thereof, in the
Constitution (Scheduled Castes) Order, 1950;
(29B) Scheduled Tribes means the Scheduled Tribes specified in
respect of the 2[State of Karnataka]2 or in respect of any area thereof, in the
Constitution (Scheduled Tribes) Order, 1950;]1
1
[(30) seaman means a person including a master, pilot or apprentice,
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;]1
Provided that if a question arises whether any person is a serving
member of the armed forces of the Union such question shall be decided by
the State Government, and its decision shall be final;
(31) small holder means a land owner owning land not exceeding 1[two
units]1 whose total net annual income including the income from such land
does not exceed 2[ten thousand rupees]2;
1
[(31A) soldier means a person in the service of the Armed Forces of
the Union and 2[for purposes of resumption of land and transfer of the
resumed land]2 includes in the case of a soldier who has died 3[while in
service as such soldier]3, 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 3[while in service as such soldier]3, such
question shall be decided by the State Government, and its decision shall
be final;]1
1
[(32) stridhana land means any land held by any female member of a
family in her own name;
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(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;]1
1. Sub-Sections (32) and (32A) substituted by Act 1 of 1974 w.e.f. 1.3.1974.
(33) tenancy means the relationship of landlord and tenant;
1
[(34) tenant means an agriculturist 1[who cultivates personally the land
he holds on lease]1 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
1
[Karnataka]1 Tenants (Temporary Protection from Eviction) Act, 1961;
. 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.1.11.1973.
1
[(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.]1
(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;]1
1. Clause (34) substituted by Act 14 of 1965 w.e.f. 29.7.1965.
1
[(35) Tribunal means the Tribunal constituted under section 48;
(35A) Unit means 2[one acre (40.47 ares)]2 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.]1
1. Clause (35) omitted by Act 6 of 1970 w.e.f.15.1.1970 and Clauses (35) & (35A) inserted by Act 1
of 1974 w.e.f.1.3.1974.

(36) 1[unmarried daughter]1 means a 1[daughter]1 who has never been
married;
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(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
meaning assigned to them in 1[the 2[Karnataka]2 Land Revenue Act, 1964]1,
and the Transfer of Property Act, 1882, as the case may be.
1
[(C) x x x]1
CHAPTER II
GENERAL PROVISIONS, REGARDING TENANCIES
3. Extension of Transfer of Property Act to agricultural land in
1
[Gulbarga Area]1 and application of Chapter V of that Act to tenancies
and leases.(1) The Transfer of Property Act, 1882 (Central Act V of 1882)
shall extend to agricultural land in the 1[Gulbarga Area]1, and the terms
property and immoveable property in the said Act shall include
agricultural land.
(2) The provisions of Chapter V of the Transfer of Property Act, 1882,
shall, in so far as they are not inconsistent with the provisions of this Act,
apply to the tenancies and leases of lands to which this Act applies.
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 owners 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 owners family, or
(c) a mortgagee in possession:
Provided that if upon an application made by the owner within one year
from the appointed day 1[x x x]1,
(i) the 1[Tribunal]1 declares that such person is not a tenant and its
decision is not reversed on appeal, or
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(ii) the 1[Tribunal]1 refuses to make such declaration but its decision is
reversed on appeal,
such person shall not be deemed to be a tenant.
1
[5. Prohibition of leases, etc.(1) Save as provided in this Act, after
the date of commencement of 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
[(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 land owners or persons registered as occupants
under the provisions of this Act for the purpose of utilising the land for
acquaculture for a period not exceeding twenty years, at such lease rent as
may be determined by mutual agreement between the parties and such
agreement shall be registered and a copy thereof shall be sent to the
Deputy Commissioner within fifteen days from the date of such
registration.]2
(3) Every lease 3[created]3 under sub-section (2) shall be in writing.]1
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 1[x x x]1 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, within
2
[fifteen months]2 from the appointed day apply to the 3[Tribunal]3 for the
restoration of his tenancy unless on the appointed day the land has been
put to non-agricultural use.
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(2) On receipt of an application under sub-section (1), the 1[Tribunal]1

shall inquire into the circumstances in which and the procedure under which
such dispossession took place and 2[if 1[it]1 is satisfied]2 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 [Tribunal]1 shall order the restoration of possession of the land and the
1
tenancy thereof to the tenant: 3[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.]3
Provided that the 1[Tribunal]1 shall not order restoration of possession of
the land, 2[if 1[it]1 is satisfied]2 that the land is held on lease bona fide by a
tenant who is not a member of the family of the landlord, or the
dispossession, by surrender of the tenancy or by eviction, took place in
accordance with any provision of law, or that another person, not being the
landlord, is legally entitled to possession of the land.
(3) Sub-sections (1) and (2) shall have effect notwithstanding 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.
1
[8. Rent.(1) Subject to the provisions of this Act and notwithstanding
anything in any law, custom, usage, agreement, decree or order of a Court
to the contrary,
(a) the rent payable in respect of any land by the tenant shall be payable
annually; and
2
[(b) such rent shall be the aggregate of ten times the land revenue and
ten times the water rate, if any, payable in respect of such land,]2
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Provided that in the case of 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 of 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 lands .. Rupees five and paise fifty
specified in item (ii) of that class. per acre:
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 to its cash equivalent in the prescribed manner:
Provided also that in any area notified as malnad area the rent in respect
of lands specified as dry land, but used exclusively for grazing or removing
leaves, shall be equal to the land revenue payable for such land.
3
[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 which in any case shall not exceed rupees two
hundred and fifty per acre;
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.]3]1
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.
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1
[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.]1
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;
1
[(b) x x x]1
(c) no landlord or any person on his behalf shall recover or receive rent
1
[in kind or]1 in terms of service or labour.
1
[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
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.]1
11. Refund of rent recovered in contravention of provisions of the
Act.If any landlord or any person on his behalf recovers rent from any
tenant in contravention of the provisions of section 8, 9 or 10, the landlord
shall 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 1[Tahsildar]1 in this behalf, and shall also be liable to such
penalty not exceeding twice the excess amount recovered, 2[x x x]2 as the
1
[Tahsildar]1 may fix.
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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. Suspensions, 1[remissions or reduction]1 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 or
remit, as the case may be, the payment to 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.
1
[(4) x x x]1
(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 1[Tahsildar]1 for the recovery of the amount, and the 1[Tahsildar]1 may,
after an inquiry, make an order for the refund, and for payment of such
penalty not exceeding the amount so recovered, as the 1[Tahsildar]1 may fix.
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(6) The 1[Tahsildar]1 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 1[he]1 is satisfied that on
account of the deterioration of the land by flood or other cause beyond the
control of the tenant, the land has been wholly or partially rendered unfit for
cultivation, or there has been damage to crops;
1
[(b) x x x]1
1
[14. x x x]1
1
[15. Resumption of land by soldier or seaman.(1) A soldier or a
seaman who has created or continued a lease in accordance with the
provisions of section 5 shall, subject to the provisions of this Act, be entitled
to resume land to the extent of the ceiling area whether his tenant is a
protected tenant or not.
(2) The soldier or the seaman shall, if he bona fide requires the land to
cultivate personally, issue a notice to the tenant requiring him to deliver
possession of the land within the period specified in the notice, 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,
1
[at any time not later than one year]1 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 grand-child of a
soldier, within one year from the date of the death of such soldier; and
(iii) in the case of a seaman, within one year from the date on which
he ceases to be a seaman.
(4) If the tenant fails to deliver possession of the land within the period
specified in the notice, the soldier or the seaman may make an application
to the Tahsildar within whose jurisdiction the greater part of the land is
situated, furnishing the prescribed particulars for eviction of the tenant and
delivery of possession of the land.
(5) On receipt of such application, the Tahsildar shall issue a notice to the
tenant calling upon him to deliver possession of the land to the soldier or the
seaman within such time as may be specified in the notice, 1[which shall not
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be less than the prescribed period]1 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 as
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 mutandies
apply in this behalf.]1
1. Section 15 substituted by Act 1 of 1974 w.e.f. 1.3.1974.
1
[16. 17. 18. x x x]1
19. Restriction on transfer of resumed land.1[(1)]1 Notwithstanding
anything contained in any other law or in section 80, no land resumed from
a tenant 2[shall within fifteen years]2 from such resumption be transferred by
sale, 3[gift, exchange or otherwise]3:
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
2
[Tahsildar]2.
4
[Provided further that such land may be sold by the father, the mother,
the spouse, the child or the grand child of a soldier who has died 5[while in
service]5 and who was dependent upon such soldier at the time of his
death.]4
1. Re-numbered by Act 1 of 1974 w.e.f. 1.3.1974.
1
[(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, 2[a financial
institution, a co-operative land development bank, a co-operative society,]2 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
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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.]1
1
[20. Failure to cultivate, etc.(1) 2[Subject to section 19, where a
person]2 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
from such date to do so, the Tahsildar shall, on application 2[by such
tenant]2 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.
2
[(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.]2]1
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 a 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;
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(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;
1
[(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.]1
1..Substituted by Act 1 of 1974 w.e.f. 1.3.1974.
1
lawful for a tenant who is a soldier in service in the Armed Forces of the
Union or a seaman to sub-let the land held by him as a tenant.
(3) Notwithstanding anything contained in sub-section (1), it shall be
lawful for a tenant to take a loan and mortgage or create a charge on his
interest in the land in favour of the State Government, 2[a financial
institution, a co-operative land development bank, a co-operative society]2, 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
1oan.]1
22. Eviction of tenant for default, etc.,(1) Notwithstanding any
agreement, usage, decree or order of a court of law, 1[or anything contained
in any enactment or law repealed by section 142 or in any other law in force
before the commencement of such enactment or law]1 and subject to the
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provisions of section 2[15]2, 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;
(b) that the tenant has done any act which is permanently injurious to
the land;
(c) that the tenant has sub-divided, sublet or assigned the land in
contravention of section 21;
(d) that the tenant has failed to cultivate the land personally for a
period of two consecutive years;
(e) that the tenant has used such land for a purpose other than
agriculture 3[x x x]3:
Provided that no tenant shall be evicted under this sub-section unless the
landlord has given 2[three months]2 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.
4
[Proviso x x x]4
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 1[x x x]1 2[a soldier in service in the Armed
Forces of the Union or a seaman]2, 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.
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23. Eviction not to be ordered if rent paid during pendency of

proceedings.(1) Notwithstanding anything contained in section 22, the
1
[Tahsildar]1 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 2[for two consecutive years]2, together with the costs of the
proceedings, as decided by the 1[Tahsildar]1, within such period as may be
fixed by the 1[Tahsildar]1.
(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 or authority within such period as such court,
officer or authority may fix.
1
[(3) Notwithstanding anything contained in sub-sections (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.]1
1
[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.]1
1
[25. Surrender of land by tenant.(1) No tenant of a soldier or
seaman shall surrender any land held by him as tenant except in favour of
the State Government:
Provided that any such surrender shall not be effective unless made in
writing and the tenant has admitted the same before the Tahsildar and the
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same has been 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,
lease the surrendered land to any person if possession thereof is not
claimed by the soldier or the seaman for personal cultivation.
(4) Where the State Government leases the land 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 Governments liability under
sub-section (2) for payment of rent of the land shall cease.]1
26. Tenancy in abeyance during usufructuary mortgage in favour of
tenant.If any land is mortgaged by a landlord by way of a usufructuary
mortgage to a tenant cultivating such land, the tenancy of such land shall be
in abeyance during the period the mortgage subsists. After the expiry of the
said period it shall be lawful to the tenant to continue to hold the land on the
terms and conditions on which he held it before the mortgage was created.
27. Tenants 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 1[Tahsildar]1:
2
[Proviso x x x]2
Provided 2[x x x]2 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.
1
[28. x x x]1
29. Tenants responsible for maintenance of boundary marks.
Notwithstanding 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
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reasonably incurred on account of service by revenue officers in case of

alteration, removal or repair of such boundary marks shall be upon the
tenant.
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 tenant is neglected owing to a dispute between the landlord
and the tenant or for any other reason, he may by an order in writing direct
that the construction, maintenance or repair shall be carried out by such
persons as may be specified in the order and the costs thereof shall be
recoverable as arrears of land revenue from the person who under any
agreement usage or custom is liable to construct, maintain or repair 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
1
[Tahsildar]1, be recoverable by him from the landlord according to his
liability under any agreement, usage or custom. The costs of the
proceedings on the tenants application shall also be recoverable from the
landlord in case the landlord is held wholly or partially liable to pay the cost
incurred by the tenant for the construction, maintenance or repair of the
bunds.
31. Tenants 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 1[Karnataka]1 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.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
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
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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 therefor in such form and in such manner as may be prescribed.
34. Bar to attachment or sale by process of court.Save as
expressly provided in this Act or in the 1[Karnataka]1 Co-operative Societies
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 to eviction from dwelling house.(1) If in any village, a tenant
is in occupation of a dwelling house on a site belonging to his landlord, such
tenant shall not be evicted from such dwelling house (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 1[any of his predecessors-in-title]1; and
(b) such tenant makes 1[default during three consecutive years]1 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 purposes of agriculture from
which a tenant has been evicted under 1[section 15 or 22]1.
1
[36. Site on which dwelling house is built to be sold to tenant.(1)
If a landlord to whom the site referred to in section 35 belongs intends to sell
such site, it shall be sold only to the tenant at the expense of whom or of
any of whose predecessors in-title the dwelling house thereon has been
built.
(2) The price payable by the tenant for such site shall be an amount
equal to ten times the land revenue payable thereon and where such site is
not assessed to land revenue, an amount equal to ten times the land
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revenue which may be assessed if it had been used for agricultural

purposes.
(3) Any sale in contravention of the provisions of this section shall be null
and void.]1
37. Tenants 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.
1
[(2) If the landlord refuses or fails to accept the offer and execute the
sale deed within three months from the date thereof, the tenant may apply to
the Tahsildar who shall, by order in writing, require the tenant to deposit with
him the sale price within ninety days from the date of the order. When such
deposit is made the site shall be deemed to have been transferred to the
tenant and the Tahsildar shall, on payment of the prescribed fees and in the
prescribed form, grant a certificate to the tenant.]1
1
[38. Dwelling houses of agricultural labourers, etc.(1) (a) If, in any
village, an agricultural labourer is ordinarily residing in a dwelling house on a
land not belonging to him, then, notwithstanding anything contained in any
other law, but subject to sub-sections (2) and (3), such dwelling house along
with the site thereof and land immediately appurtenant thereto and
necessary for its enjoyment, 2[x x x]2, 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 encumbrances 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
clause (a), may, make an application to the Tribunal in the prescribed form
and manner 1[on or before the 31st day of 2[March, 1983]2]1 and the Tribunal
shall, after enquiry in the manner specified in or under section 48 A, by
order, determine the person entitled to be registered as owner, the dwelling
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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-sections (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 owner thereof. A copy of the certificate shall be
forwarded by the Tahsildar to the Sub-Registrar who shall, notwithstanding
anything contained in the Registration Act, 1908 (Central Act 16 of 1908)
register the same. The owner of the land shall be paid the amount paid by
the agricultural labourer in cash in a lumpsum.
(2) If the owner bona fide requires the dwelling house for his own use or
for any other purpose or considers that the dwelling house is so located as
to cause inconvenience to him, he may require the agricultural labourer to
shift to a new site belonging to him, subject to the following conditions,
namely:
(i) the owner shall pay to the agricultural labourer the price of the
dwelling house if the same was erected by the agricultural labourer;
(ii) the new site shall be fit for erecting a dwelling house and shall be
within a distance of one kilometre from the existing dwelling house;
(iii) the 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
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:
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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 months 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.]1
39. First option to purchase land.(1) If a landlord at any time intends
to sell the land held by a tenant, he shall give notice in writing of the
intention to such tenant and offer to sell the land to him. In case the latter
intends to purchase the land, he shall intimate in writing his readiness to do
so within two months from the date of receipt of such notice.
(2) If there is any dispute about the reasonable price payable for the land,
either the landlord or the tenant may apply in writing to the 1[Tahsildar]1 for
determining the reasonable price; and the 1[Tahsildar]1 after giving notice to
the other party and to all other persons interested in the land and after
making such inquiry as it thinks fit, shall fix the reasonable price of the land
which shall be the average of the prices obtaining for similar lands in the
locality during the ten years immediately preceding the date on which the
application is made.
(3) The tenant shall deposit with the 1[Tahsildar]1 the amount of the price
determined under sub-section (2) within such period as may be prescribed.
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(4) On deposit of the entire amount of the reasonable price, the

1
[Tahsildar]1 shall issue a certificate in the prescribed form to the tenant
declaring him to be the purchaser of the land the 1[Tahsildar]1 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.
40. Compensation for improvement made by tenant.(1) A tenant
who has made an improvement on the land held by him shall, if his tenancy
is terminated under the provisions of this Act, be entitled to compensation
for such improvement. For determining the amount of compensation, the
tenant shall apply to the 1[Tahsildar]1 in the prescribed form.
(2) The compensation to which a tenant shall be entitled under sub-
section (1), shall be the estimated value of such improvement at the time of
the termination of his tenancy. In estimating such value regard shall be had
to,
(a) the amount by which the value of the land is increased by the
improvement;
(b) the present condition of the improvement and the probable
duration of its effects;
(c) the labour and capital provided or spent by the tenant for the
making of the improvement; and
(d) any reduction or remission of rent or other advantage allowed to
the tenant by the landlord in consideration of the improvement including
permanent fixtures.
1
[(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
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or holders of other encumbrances shall be in the order of priority of the

respective mortgages and other encumbrances.]1
41. Procedure for taking possessions.(1) A tenant or an agricultural
labourer 1[x x x]1 entitled to possession of any land or dwelling house or site
under any of the provisions of this Act or as a result of eviction in
contravention of sub-section (2) may apply in writing for such possession to
the 2[Tahsildar]2. 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 1[x x x]1, 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 1[Tahsildar]1. For obtaining such order he shall make an
application in the prescribed form and within a period of two years from the
date on which the right to obtain possession of the land, dwelling house or
site, as the case may be, is deemed to have accrued to him.
(3) On receipt of application under sub-section (1) or (2) the 1[Tahsildar]1
shall, after holding an inquiry, pass such order, thereon 1[as he deems fit]1.
(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 1[Tahsildar]1 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 a tenant, except as provided in this section.
(2) A landlord claiming payment of rent by a tenant may apply to the
1
[Tahsildar]1 in the prescribed form for an order directing the tenant to pay
the rent due to the landlord.
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(3) On receipt of an application under sub-section (2), the 1[Tahsildar]1

shall, after holding an inquiry, pass such order thereon 1[as he deems fit]1.
1
[(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.]1
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.
1
[44. Vesting of lands 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:
(a) all rights, title and interest vesting in the owners of such lands and
other persons interested in such lands shall cease and be vested absolutely
in the State Government free from all encumbrances;
(b) all 2[x x x]2 amounts in respect of such lands which become due on
or after the date of vesting shall be payable to the State Government and
not to the land-owner, land-lord or any other person and any payment made
in contravention of this clause not be valid;
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(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, without prejudice to any
other mode of recovery, be realised 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 face entitled to be registered as an occupant
under this Chapter;
(f) the land-owners, landlord and every person interested in the land
whose rights have vested in the State Government under clause (a), shall
be entitled only to receive the amount from the State Government as
provided in this Chapter;
(g) permanent tenants, protected tenants and other tenants holding
such lands shall, as against the State Government, be entitled only to such
rights or privileges and shall be subject to such conditions as are provided
by or under this Act; 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 Government.
1. Sections 44 and 45 substituted by Act 1 of 1974 w.e.f. 1.3.1974.
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 sublet, such sub-tenant shall,
with effect on and from the date of vesting, be entitled to be registered as an
occupant in respect of the lands of which he was a permanent tenant,
protected tenant or other tenant or sub-tenant before the date of vesting and
which he has been cultivating personally.
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(2) If a tenant or other person referred to in sub-section (1),

(i) holds land partly as owner and partly as tenant but the area of the
land held by him as owner is equal to or exceeds a ceiling area he shall not
been entitled to be registered as an occupant of the land held by him as a
tenant before the date of vesting;
(ii) does not hold and cultivate personally any land as an owner, but
holds land as tenant, which he cultivates personally in excess of a ceiling
area, he shall be entitled to be registered as an occupant to the extent of a
ceiling area;
(iii) holds and cultivates personally as an owner of any land the area of
which is less than a ceiling area, he shall be entitled to be registered as an
occupant to the extent of such area as will be sufficient to make up his
holding to the extent of a ceiling area.
(3) The land held by a 1[person]1 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 2[after evicting
such person]2.]1
1. Sections 44 and 45 substituted by Act 1 of 1974 w.e.f. 1.3.1974.

46. When tenant entitled to choose land.If any tenant 1[entitled to be
registered as an occupant under]1 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 2[x x x]2:
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.
1
[47. Amount payable.(1) 2[Save as provided in section 106]2 every
land-owner, landlord and all other persons interested in the land shall, for
the extinguishment of their rights in the lands vesting in the State
Government under sub-section (6) of section 15 or section 20 or section 44,
be entitled to an amount determined with reference to the net annual income
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derivable from the land or all the lands, as the case may be, in accordance
with the following scale, namely:

(i) for the first sum of rupees five thousand or any portion thereof of
the net annual income from the land, fifteen times such sum or portion;
(ii) for the next sum of rupees five thousand or any portion thereof of
the net annual income from the land, twelve times such sum or portion;
(iii) for the balance of the net annual income from the land, ten times
such balance:
Provided that,
(i) if the tenant in respect of the land is a permanent tenant, the amount
payable shall be six-times the difference between the rent and the land
revenue payable for such land;
(ii) if the tenant holds land from intermediaries the amount shall be paid
to the land-owner and the intermediaries in the same proportion in which the
rent paid for the land by the tenant was being appropriated by them
immediately before the date of vesting;
(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 1[such physical or mental disability as
may be prescribed]1; or
(6) such soldier or seamen whose lands vest in the State Government
under section 44,
an amount equal to twenty times the net annual income from such land shall
be payable.
(2) For the purpose of sub-section (1), the net annual income from the
land shall be deemed to be the amount payable as annual rent in respect of
the land as specified in section 8. But where in a land assessed as wet land
or dry land the landlord has raised fruit bearing trees, the annual income for
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purpose of sub-section (1) 1[shall, subject to such rules as may be

prescribed, be determined]1 on the basis of assessment for garden land
which could have been levied having regard to the nature of the fruit bearing
trees.
(3) Where there are wells or other structures of a permanent nature on
the land constructed by the landlord the value thereof calculated in the
prescribed manner shall also be payable.
(4) Notwithstanding anything in sub-sections (1) and (3), the aggregate
amount payable according to the said sub-sections shall not exceed rupees
two lakhs.]1
1. Section 47 substituted by Act 1 of 1974 w.e.f. 1.3.1974.
1
[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 2[x x x]2 a person belonging to the Scheduled Castes or
Scheduled Tribes, 2[x x x]2.
3
[Provided that if in its opinion it is necessary so to do, the State
Government may constitute additional Tribunals for any taluk and the
Deputy Commissioner may, subject to any general or special orders of the
State Government, distribute the work among the Tribunals in any taluk.]3
1. Sections 48, 48A and 48B substituted by Act 1 of 1974 w.e.f. 1.3.1974.
(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. 1[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 new member to the
Tribunal.]1
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(4) The quorum to constitute the meeting of the Tribunal and procedure
to be followed by it shall be such as may be prescribed.
(5) No act or proceeding of the Tribunal shall be deemed to be invalid by
reason only of the existence of any vacancy among its members or any
defect in the constitution or re-constitution thereof.
(6) The non-official members of the Tribunal shall be entitled to such
travelling and other allowances as may be prescribed.
(7) The Tahsildar 1[or any officer specially appointed for the purpose by
the State Government]1 shall be the Secretary of the Tribunal.
1
[(8) x x x]1
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 1[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]1, 2[x x x]2
2. Omitted by Act 1 of 1979 w.e.f 1.3.1974.

(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. 1[The Tribunal may for valid and
sufficient reasons permit the tenant to amend the application.]1
(4) Where no objection is filed, 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 applicants
claim or setting up a rival claim, the Tribunal shall, after enquiry, determine,
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by order, the person entitled to be registered as occupant and pass orders

accordingly.
1
[(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.]1
(6) 1[The order of the Tribunal under this section shall be final and the
Tribunal shall]1 send a copy of every order passed by it to the Tahsildar and
the parties concerned.
2
[Provided that the Tribunal may, on the application of any of the parties,
for reasons to be recorded in writing, correct any clerical or arithmetical
mistakes in any order passed by it.]2
3
[Provided further that the Tribunal may on its own or on the application
of any of the parties, for reasons to be recorded in writing correct the extent
of land in any order passed by it after causing actual measurement and after
giving an opportunity of being heard to the concern-parties.]3

(7) The person to be registered as an occupant shall pay to the State
Government as premium an amount equal to fifteen times the net annual
income referred to in sub-section (2) of section 47 in the case of A Class, B
Class and C Class lands referred to in part A of Schedule 1 and twenty
times such income in the case of D Class land referred to in the said Part A,
plus the amount, if any, payable under sub-section (3) of that section:
Provided that the premium payable by a permanent tenant shall be six
times the difference between the rent and the land revenue of the land.
(8) Where no application is made within the time allowed under sub-
section (1), the right of any person to be registered as an occupant shall
have no effect.
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 1[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]1, proceed to determine the amount payable under section 47
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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 send the same to the Tahsildar. The Tahsildar shall then
prepare the statement referred to in sub-section (1) in accordance with the
said findings.]1
1
[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,
issue interlocutory orders in the nature of temporary injunction or
appointment of Receiver concerning 2[the dwelling house in respect of which
an application is made under section 38 or]2 the land in respect of which an
application is made under section 48A.
(2) The Tribunal may at any time revoke or modify the order issued by it
under sub-section (1).
3
[(3) Subject to the provisions of sub-section (2), the order of the Tribunal
shall be final.]3]1
49. Sub-tenants of tenants to be registered as occupants.Where a
tenant has lawfully sub-let the land held by him, such sub-tenant of the land,
shall, to the exclusion of the tenant, to the extent and subject to the
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conditions specified in sections 45 and 46 be entitled to be registered as

occupant 1[x x x]1of the land of which he was a sub-tenant before the date of
vesting.
50. Determination of encumbrances and payment of 1[the
amount]1.(1) 1[The Tahsildar while determining the amount under section
48B]1 shall determine any mortgage or other encumbrance lawfully
subsisting on the land on the date of vesting, and the amount due under the
mortgage or the encumbrance in respect of such land shall 2[save as
provided in section 106]2 be a charge on the 1[amount]1 payable in respect
of such land to the person who has created the mortgage or encumbrance.
(2) (a) If the total amount payable in respect of encumbrances is less
than the amount 1[x x x]1 payable in respect of such land it shall be deducted
from such amount and the balance paid to the land-owner, landlord the
intermediaries, if any, and other persons interested, 2[towards the amount]2.
(b) If the total amount payable in respect of the encumbrances is more
than the 1[amount payable]1 in respect of the land, the 1[amount payable]1
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 1[amount payable]1.
1
[(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.]1
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(4) Notwithstanding anything contained in any law, any advance paid by

the tenant to the landlord for the lease or purchase of the land held by him
on lease from the landlord shall be deemed to be a charge on the land, and
the debt shall be discharged in the same manner as an encumbrance on
such land under this section.
51. Mode of payment 1[of the amount]1.2[(1)]2 3[Save as provided in
section 106]3, the 1[amount]1 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 4[two thousand rupees]4; and
(b) if the amount payable exceeds 4[two thousand rupees]4 the amount
up to 4[two thousand rupees]4 shall be paid in cash and the balance shall be
paid in 5[non-transferable and non-negotiable]5 bonds carrying interest at the
rate of 6[five and a half per cent]6 per annum and of guaranteed face value
maturing within a specified period not exceeding twenty years:
Provided that the amount payable under the bonds under this clause may
be paid in such number of instalments not exceeding twenty as may be
prescribed.
7
[Provided further that the amount payable shall, subject to such rules as
may be prescribed, be paid,-
(i) in the case of a minor, 8[a person who has attained the age of sixtyfive
years]8 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 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.
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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:
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.]7
1
[(2) Notwithstanding anything in sub-section (1), on or after 1st March
1984, the balance and interest thereon payable in accordance with clause
(b) of sub-section (1) of the second proviso to the said sub-section shall, in
lieu of the bonds specified therein, be paid in the following manner,
namely:
(a) the interest accrued at the rate of five and a half per cent per
annum till 1st March, 1984 remaining unpaid shall be paid in five
consecutive annual, as far as may be, equal instalments commencing from
1st March, 1984 in National Savings Certificates;
(b) the whole or, as the case may be, part of the balance specified in
sub-section (1), payable before 1st March, 1984 remaining unpaid shall be
paid in five consecutive annual, as far as may be, equal instalments
commencing from the said date in National Savings Certificates; and
(c) the whole or, as the case may be, part of the said balance payable
on or after 1st March, 1984 shall be paid in ten consecutive annual, as far
as may be equal instalments commencing from the said date in National
Savings Certificates:
Provided that along with each of the instalments referred to in items (b)
and (c), the interest thereon from 1st March, 1984 at the rate of five and a
half per cent per annum upto the date of payment thereof shall also be paid
in National Savings Certificates.]1
52. Payment of compensation to be full discharge.The payment of
1
[the amount]1 or the value of encumbrance, maintenance or alimony to the
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land-owner, landlord, or intermediary or other persons entitled thereto in the

manner prescribed by or under this Act shall be a full discharge of the
liability for payment of compensation and no further claims for payment of
1
[the amount]1 shall lie against the State Government or any other person.
53. Payment of premium by tenant.1[(1) The amount of premium in
respect of the land of which a tenant or sub-tenant entitled to be registered
as occupant under section 45 shall be payable to the State Government by
the tenant or sub-tenant,
2
[(i) where the amount payable does not exceed two thousand rupees,
in a lumpsum;
(ii) in other cases,
(a) either in lumpsum; or
(b) where the amount is paid by him out of his own funds, in annual
instalments of such number not exceeding twenty as he may intimate, with
interest at five and half per cent per annum, from the date of the order under
sub-section (4) or sub-section (5) of section 48A and where the money is
advanced by the State Land Development Bank or a credit agency, in
annual instalments of such number not exceeding the number permitted as
maximum for the recovery of term loan granted by such bank or agency
without interest there on.]2
Provided that where payment is in instalments, two thousand rupees
shall be paid as the first instalment and the balance in equated annual
instalments.
3
[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, 4[he shall be exempted from paying the premium and
instalments thereof which fall due on or after the commencement of
Karnataka Land Reforms (Second Amendment) Act, 1990 or having fallen
due before the said date has remained un-paid.]4]3
(1-A) Every tenant who is registered as an occupant shall be entitled to
get assistance from the State Land Development Bank or from a Credit
Agency as defined in the Karnataka Agricultural Credit Operations and
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Miscellaneous Provisions Act, 1974 (Karnataka Act 2 of 1975) for the

payment of the premium in accordance with such rules as may be
prescribed:
5
[x x x]5]1
1. Sub-section (1) & (1A) substituted by Act 12 of 1977 w.e.f. 1.3.1974.
1
[(1B) Notwithstanding anything contained in the Karnataka Co-operative
Societies Act, 1959, the amount advanced to the tenants by the State Land
Development Bank under rules made under sub-section (1A) may be
recovered by the State Government in the same manner as arrears of land
revenue and paid to said Bank.
(1C) The amount advanced to a tenant by the credit agency may be
recovered in the same manner as is provided in the Karnataka Agricultural
Credit Operations and Miscellaneous Provisions Act, 1974 for recovery of
any financial assistance given by it to a person for agricultural purposes.]1
1. Sub-sections (1B) & (1C) inserted by Act 18 of 1976 w.e.f. 11.9.1975.
(2) In addition to the premium payable, the tenant shall also be liable to
pay the land revenue due on that land.
1
[53A. Establishment of a separate fund.(1) There shall be
constituted for the State of Karnataka a fund called the Karnataka Religious
and Charitable Institutions Annuity Fund.
(2) The fund specified in sub-section (1) shall consist of,
(a) the amount of premium collected from the tenants or sub-tenants
of land belonging to the institutions referred to in section 106;
(b) the interest earned on the amounts in the said fund;
(c) such amount transferred from the consolidated fund of the State as
may be necessary to make up the deficit, if any, where the amounts referred
to in the above clauses are insufficient to pay the annuities to such
institutions.
(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
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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.]1
54. Premium recoverable as arrears of land revenue.(1) If a tenant
or sub-tenant fails to make payment of any instalment in accordance with
the provisions of the foregoing sections 1[x x x]1, the amount of such
instalment shall also be recoverable as an arrear of land revenue.
(2) The amount recovered under sub-section (1) shall be deposited with
the 1[Tahsildar]1.
1
[55. Issue of certificate of registration.2[(1)]2 3[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,]3 the Tahsildar shall issue a
certificate that the tenant has been registered as an occupant. The
certificate shall be conclusive evidence of such registration.]1
4
[Proviso x x x]4
1
[(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.]1
1
[56. x x x]1
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 1[a soldier in service in the Armed Forces of the Union
or a seaman]1, 2[x x x]2 the right of the tenant under section 45 may be
exercised,
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(i) by the minor within one year from the date on which he attains
majority;
(ii) by a person subject to physical or mental disability within one year
from the date on which such disability ceases to exist;
1
[(iii) by a soldier within one year from the date on which he is released
from the Armed Forces or is sent to the Reserve;
(iv) by a seaman, within one year from the date on which he ceases to
be a seaman.]1

(2) The provisions of the preceding sections of this Chapter shall
thereupon, mutatis mutandis, be applicable to such land vesting in the State
Government.
1
[58. Vesting in the State Government of land leased contrary to the
Act.(1) Where it appears to the Tahsildar that any person has leased land
contrary to the provisions of this Act, he shall issue a notice to such person
to show cause within fifteen days from the date of service of the notice why
the land leased should not be forfeited to the State Government as penalty
for contravention of the Act.
(2) If the Tahsildar on considering the reply or other cause shown is
satisfied that there has been such a lease he may, by order, declare that the
right, title and interest of such person in the land shall be forfeited to the
State Government as penalty. Thereupon the land shall vest in the State
Government and the Tahsildar may take possession thereof by summarily
evicting any person occupying it. 1[No amount shall be payable in respect of
such land.]1
(3) Such land shall be disposed of in accordance with the provisions of
section 77.]1
1
[59. x x x]1
60. Failure to cultivate personally.Notwithstanding anything
contained in any law, if at any time after the tenant has been registered as
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occupant 1[x x x]1, under any of the foregoing provisions, such tenant 2[fails
to cultivate the land personally for three consecutive years]2, he shall, unless
the 2[Tahsildar]2 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 1[x x x]1 has been granted to any person under this
Chapter 2[x x x]2 shall, within 3[fifteen years]3 4[from the date of the final
order passed by the Tribunal under sub-section (4) or sub-section (5) or
sub-section (5A) of section 48A]4 be transferred by sale, gift, exchange,
mortgage, lease or assignment; but the land may be partitioned among
members of the holders joint family, 5[x x x]5.
4. Substituted by Act 34 of 1998 w.e.f. 15.2.1999 by notification Text of notification is at the end of this
Act.
1
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, 2[a financial institution, a co-operative land
development bank, a co-operative society]2 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.]1
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(3) Any transfer or partition of land in contravention of sub-section (1)

shall be invalid 1[and such land shall vest in the State Government free from
all encumbrances and shall be disposed in accordance with the 2[provisions
of section 77.]2]1
62. Surrender of land to State Government.If the person who has
been registered as occupant 1[x x x]1 under this Chapter or his successor-in-
title intends, within six years from the date of such registration 1[x x x]1,
giving up personal cultivation of the land, he shall surrender the land to the
State Government, and on such surrender the State Government shall pay
an amount equal to the premium paid and the depreciated value of
improvements, if any, effected after the date of registration 1[x x x]1, to the
person surrendering and the other persons interested in the land. The
surrendered land shall then be at the disposal of the State Government and
the 2[Tribunal]2 may thereafter dispose of it as surplus land vesting in the
State Government.
CHAPTER IV
CEILING ON LAND HOLDINGS
1
[63. Ceiling on land.(1) No person who is not a member of a family or
who has no family and no family shall, except as otherwise provided in this
Act, be entitled to hold, whether as land owner, landlord or tenant or as a
mortgagee with possession or otherwise or partly in one capacity and partly
in another, land in excess of the ceiling area.
(2) The ceiling area for a person who is not a member of a family or who
has no family or for a family shall be ten units:
Provided that in the case of a family consisting of more than five
members the ceiling area shall be ten units plus an additional extent of two
units for every member in excess of five, so however that the ceiling area
shall not exceed twenty units in the aggregate.
1
[(2A) The ceiling area for a person who is tenant under clause (b) of sub-
section (2) of section 5 shall be forty units.]1
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(3) In the case of a family the ceiling area shall be applied to the
aggregate of the lands held by all the members of the family, including the
stridhana land.
(4) In calculating the extent of land held by a person who is not a member
of a family but is a member of a joint family and also in calculating, the
extent of land held by a member of a family who is also a member of a joint
family, the share of such member in the lands held by a joint family shall be
taken into account and aggregated with the lands, if any, held by him
separately and for this purpose such share shall be deemed to be the extent
of land which would be allotted to such person had there been a partition of
the lands held by the joint family.
(5) In respect of lands owned or held under a private trust,
(a) where the trust is revocable by the author of the trust, such lands
shall be deemed to be held by such author or his successor in interest; and
(b) in other cases, such lands shall be deemed to be held by the
beneficiaries of the trust in proportion to their respective interests in such
trust or the income derived therefrom.
Explanation.Where a trust is partly private and partly public this sub-
section shall apply only to lands covered by that part of the assets of the
trust which is relatable to the private trust.
(6) In calculating the extent of land held by a person who is not a member
of a family or who has no family or by a member of a family, the share of
such person or member in the lands held by a co-operative farm shall be
taken into account.
(7) (a) No educational, religious or charitable institution or society or trust,
of a public nature, capable of holding property, formed for an educational,
religious or charitable purpose shall hold land except where the income from
the land is appropriated solely for the institution or the society or the trust
concerned. Where the land is so held by such institution, society or trust, the
ceiling area shall be twenty units.
(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
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far as may be, apply to the surrender to and vesting in the State
Government of such land. The provisions of this sub-section shall have
effect notwithstanding anything in this Act.
(8) (a) No sugar factory shall hold land except solely for purpose of
research or seed farm or both. Where land is held by a sugar factory for
such purpose the ceiling area shall be fifty units.
(b) If any question arises whether any land held by a sugar factory is
solely used for the purpose of research or seed farm or both, the decision of
the prescribed authority shall be final and the land not held for the said
purpose shall be deemed to be surplus land and the provisions of sections
66 to 76 shall, so far as may be, apply to the surrender to and vesting in the
State Government of such land. The provisions of this sub-section shall
have effect notwithstanding anything contained in this Act.
(9) In the case of any person holding land cultivated by plantation crops,
the ceiling area in respect of other land held by him shall be determined
taking into consideration, the agricultural land referred to in item (ii) of the
Explanation to section 104.
(10) Notwithstanding anything in the preceeding sub-section, if any
person has,
(i) after the 18th November 1961 and before the 24th January 1971
transferred any land the extent of which if added to the other land
retained by him could have been deemed to be surplus land before
the date of commencement of the Amendment Act; or
(ii) after the 24th January 1971 transferred any land,
otherwise than by partition or by donation to the 2[Karnataka Boodan Yagna
Board]2 established under the 2[Karnataka]2 Bhoodan Yagna Act, 1963
(2[Karnataka Act]2 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
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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.)]1
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, 1[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]1, the excess land shall
be deemed to be surplus land, and the provisions of sections 66 to 76 shall,
as far as may be, apply to the surrender to, and vesting in, the State
Government, of such excess land:
1
[Explanation.In this section bequest includes,
(i) gift made in contemplation of death; and
(ii) gift to take effect after the happening of any event.]1
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.
1
[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 family, together with any member of
his family or a family is converted into any other class of land and thereby
the lands held by such person or family exceed the ceiling area, the land so
in excess shall be deemed to be surplus land and accordingly the provisions
of sections 66 to 76 shall, so far as may be, apply to the surrender to and
vesting in the State Government of such excess land.
Explanation.For purposes of this section, the land shall be deemed to
have been converted from the date of completion of the irrigation work
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notified under section 3 of the 2[Karnataka]2 Irrigation (Levy of Betterment

Contribution and Water Rate) Act, 1957 (2[Karnataka Act 28 of 1957).]2]1
66. Filing of declaration of holding.1[(1) 2[(a) Every person who on
the date of commencement of the Amendment Act holds,
(i) ten acres or more of lands having facilities for irrigation from a
source of water belonging to the State Government; or
(ii) twenty acres or more of lands on which paddy crop can be grown
with the help of rain water; or
(iii) forty acres or more of lands classified as dry but not having any
irrigation facilities from a source of water belonging to the State
Government,
shall on or before the 31st day of December 1974]2;
(b) every person who acquires land in excess of the extent specified in
clause (a) in any manner referred to in section 64; and
(c) every person whose land is deemed to be in excess of the ceiling
area under section 65A,
shall, within the prescribed period, furnish a declaration to the Tahsildar
within whose jurisdiction the holding of such person or the greater part
thereof is situated containing the following particulars, namely:
(i) particulars of all the lands;
(ii) particulars of the members of the family; and
(iii) such other particulars as may be prescribed.
2
[(1A) Where a person holds different categories of land mentioned in
clause (a) of sub-section (1), the total extent of lands held by such person
shall, for purposes of this section, be determined by converting all
categories of land into any one category in accordance with the following
formula, namely:
One acre of land referred to in category (i)=two acres of land referred to
in category (ii)=four acres of land referred to in category (iii).]2]1
(2) Without prejudice to the provisions of sub-section (1), the 1[Tahsildar]1
shall have power to issue notice requiring any person who 1[he has]1 reason
to believe, holds land, or resides within 1[his jurisdiction]1, to furnish 1[to
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him]1 a declaration of all lands held by him within such period as may be
specified in the notice (not being less than thirty days from the date of
service of the notice), and it shall be the duty of such person to furnish the
declaration.
(3) Every declaration furnished under sub-section (1) or sub-section (2),
shall be in the prescribed form; and the person furnishing the declaration
shall be entitled to obtain a receipt therefor.
1
[(4) Notwithstanding anything contained in sub-section (1), every person
who had held on or after 18th November 1961 and before the
commencement of the Amendment Act,
(a) ten acres or more of lands having facilities for irrigation from a
source of water belonging to the State Government; or
(b) twenty acres or more of lands on which paddy crop can be grown
with the help of rain water; or
(c) forty acres or more of lands other than those specified in clauses (a)
and (b),
shall in respect of the land so held by him also furnish a declaration within
one hundred and eighty days from the eleventh day of September 1975 to
the Tahsildar within whose jurisdiction the holding of such person or a
greater part thereof is or was situated containing the following particulars,
namely:
(i) particulars of the land;
(ii) particulars of the members of his family;
(iii) particulars of lands transferred or disposed of in any manner prior
to 24th January 1971 and subsequent to that date;
(iv) particulars of the persons to whom lands if any, have been
transferred or disposed of;
(v) such other particulars as may be prescribed.
(5) The provisions of sub-sections (1A), (2) and (3) shall mutatis
mutandis apply to the declarations to be furnished under sub-section (4).]1
1. Sub-section (4) and (5) inserted by Act 18 of 1976 w.e.f. 11.9.1975.
1
[Explanation.- x x x]1
1
[66A. Penalty for failure to furnish declaration.(1) Where a person
required by section 66 to furnish a declaration,
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(a) fails without reasonable cause so to do within the time specified in

that section, or
(b) furnishes a declaration which he knows or has reason to believe it
to be false,
the Tahsildar shall issue a notice to such person asking him to show cause
within fifteen days of the service thereof why a penalty which may extend to
five hundred rupees may not be imposed on him. Where no reply is filed or
where a reply is filed the Tahsildar is satisfied that the person has without
reasonable cause failed to furnish the declaration within time or has
submitted the declaration knowing or having reason to believe it to be false,
he may, by order, impose the said penalty and require such person to
furnish a true and correct statement complete in all particulars, within a
period of one month from the date of service of the order.
(2) If such person fails to comply with the order within the time granted,
the right, title and interest of such person in the land held to the extent in
excess of the ceiling area shall, by way of penalty, be forfeited to the State
Government and shall thereupon vest in the State Government.]1
67. Surrender of land in certain cases.1[(1) (a) Save as provided in
section 66A, on receipt of the declaration under section 66 the Tahsildar
shall,
(i) verify the particulars contained therein as regards the survey
number and the extent of the land;
(ii) determine to which class, A, B, C or D, the land belongs; and
(iii) place the declaration and the connected records before the
Tribunal.
2
[(aa) Where a portion of the holding declared before a Tahsildar is
situated within the jurisdiction of another Tahsildar, the former shall send a
copy of the declaration to the latter, who shall make the verification and
determination specified in item (i) and (ii) of clause (a) in respect of such
portion and send the copy of the declaration and the connected records to
the former Tahsildar, who shall place them before the Tribunal.]2
(b) Thereupon and after such enquiry as may be prescribed, the
Tribunal shall determine the extent of the holding and the area by which
such extent exceeds the ceiling area.
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(c) Where the total extent of the holding so determined by the Tribunal
is equal to or less than the ceiling area, the person concerned shall be
entitled to retain his entire holding; but where the total extent is more than
the ceiling area, such person shall be liable to surrender such extent of land
as will, after such surrender, bring the total extent of land retained by him to
the extent of the ceiling area.
(d) The order of the Tribunal shall be final and shall be communicated
to the person concerned and also the Tahsildar.]1
3
[(1A) Where the land held by a family consist of stridhana land which
may be surrendered, the extent of stridhana land to be surrendered shall in
no case be more than the proportion which the extent of stridhana land
bears to the extent of other land held by the family.
(1B) Where a person holds lands cultivated by him personally as well as
lands cultivated by a tenant, the surrender of surpluas land by him shall with
reference to the land cultivated by a tenant, be subject to the provision of
Chapter III.]3
(2) The 1[Tribunal]1 shall serve on every person who is liable to surrender
land under sub-section (1), a notice specifying therein the extent of land
which he should surrender, and requiring him to file a statement in such
manner and within such period as may be prescribed specifying therein the
land which he proposes to surrender.
1
[(3) If the person concerned files such declaration within the prescribed
period, the 2[Tribunal]2 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 2[Tribunal]2
may pass an order rejecting it and call upon the person concerned to file a
fresh statement specifying therein other suitable land. On the filing of such
statement the 2[Tribunal]2 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 2[Tribunal]2 may
3[itself]3 select the land which shall be surrendered by such person and
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pass an order to that effect and thereupon the said land shall be deemed to
have been surrendered by such person.]1
1. Sub-section 3 and 3A substituted by Act 1 of 1974 w.e.f. 1.3.1974.

(4) If the person concerned does not file such statement within the
prescribed period, the 1[Tribunal]1 may 2[itself]2 select the land which shall
be surrendered by the person concerned, and pass an order to that effect;
and thereupon the said land shall be deemed to have been surrendered by
such person.

(5) An order under sub-section 1[(3), (3A) or (4)]1 relating to surrender of
land shall be passed in respect of land which, as far as practicable, forms a
survey number, or a recognised part of survey number of a sub-division of a
survey number.
1
[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 for the period he was in
possession or such extent of land from the date of the order determining the
excess, such compensation for the use and occupation of such land as the
Tribunal may determine in the prescribed manner.
(2) Any sum payable under sub-section (1) may be recovered as arrears
of land revenue.]1
68. Vesting of land surrendered by owner.Where the land
surrendered under section 67 is by an owner (other than a limited owner),
the State Government may take over such land 1[on the service of the order
under section 67]1 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 a limited owner, it shall vest in the
presumptive reversioner.
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(2) Where as a result of the vesting of any land under sub-section (1), the
total land held by the reversioner exceeds the ceiling limit specified in
section 63 or 64, such reversioner shall, within a period of ninety days of
such vesting furnish a declaration of his holding in the prescribed form to the
1
[Tahsildar within whose jurisdiction]1 his holding or any part thereof is
situated, and all the relevant provisions of this Act shall thereupon apply as
if it were a declaration filed by him under section 66.
(3) The reversioner in whom any land vests under sub-section (1) shall
be liable to pay the limited owner an annual sum equivalent to four and a
half per cent of the amount payable to the owner under 1[x x x]1 section 72 in
respect of the land vesting in him under sub-section (1) until such time as
the limited owner would have continued in possession of the land but for the
surrender of the land by him.
70. Reversion and vesting of land surrendered by usufructuary
mortgagee.(1) Where the land surrendered under section 67 is by an
usufructuary mortgagee, the possession of the land shall (without prejudice
to the rights of the tenant, if any, in occupation of the land) revert to the
mortgagor 1[not being a person disentitled to hold lands under section 79A]1
in every case where, and to the extent to which the mortgagor himself is not
liable to surrender the said land in accordance with the provisions of section
67.
(2) The mortgagor to whom possession of the land reverts under sub-
section (1) shall be liable to pay the mortgage money due to the
usufructuary mortgagee in respect of that land and the said land shall be the
security for such payment.
(3) In cases where possession of the land surrendered by an
usufructuary mortgagee does not revert to the mortgagor 1[for the reason
that the mortgagor is himself liable under section 67 to surrender the land
held by him]1, 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.
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71. Vesting of land surrendered by tenant.(1) Where the land

surrendered under section 67 is by a tenant, 1[of a soldier or a seaman]1 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 years 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.
1
[72. Amount payable for lands surrendered to and vesting in the
State Government.(1) Save as otherwise provided in this Act, the
amount payable in respect of land to be taken over by the State
Government under sections 68, 70, 71, 79A and 79B shall be determined
with reference to the net annual income derivable from the land in
accordance with the following scale, namely:
(i) for the first sum of rupees five thousand or any portion thereof of
the net annual income from the land, fifteen times such sum or portion;
(ii) for the next sum of rupees five thousand or any portion thereof of
the net annual income from the land, twelve times such sum or portion;
(iii) for the balance of the net annual income from the land, ten times
such balance:
Provided that where the land taken over by the State Government is D
Class land referred to in Part A of Schedule I, an amount equal to twenty
times the net annual income thereof shall be payable.
(2) For the purpose of sub-section (1), the net annual income from the
land shall be deemed to be the amount payable as annual rent in respect of
the land as specified in section 8. But where in a land assessed as wet land
or dry land, the owner has raised fruit bearing trees, the net annual income
of such land for purposes of sub-section (1) shall be determined on the
basis of assessment for garden land which could have been levied having
regard to the nature of the fruit bearing trees.
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(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 years net annual income;
(b) to the owner, the balance.
(4) Where there are wells or other structures of a permanent nature on
the land, constructed by the owner then, the value thereof calculated in the
prescribed manner shall also be payable.
(5) Notwithstanding anything in sub-sections (1) and (4), the aggregate
amount payable according to the said sub-sections shall not exceed rupees
two lakhs.
2
[(6) x x x]2]1
73. Claims for 1[the amount]1 and payment of 1[the amount]1.2[(1)
As soon as may be after the service of the order made under section 67, the
Tahsildar shall publish a notification containing the particulars of the lands
vested in the State Government.
(1A) After the publication of the notification under sub-section (1), the
Tahsildar shall determine the amount payable in respect of the land which
has vested in the State Government.]2
(2) The provisions of sections 1[48B]1 and 50 shall mutatis mutandis be
applicable for determining the persons entitled to 1[the amount]1 and the
apportionment of 1[the amount]1.
1
[(3) The amount payable under sub-section (1) shall be paid in 2[non-
transferable and non-negotiable]2 bonds carrying interest at the rate of five
and a half per cent per annum and of guaranteed face value maturing within
a specified period not exceeding twenty years:
Provided that the amount payable under the bonds issued under this sub-
section may be paid in such number of instalments not exceeding twenty as
may be prescribed.]1

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1
[(4) Notwithstanding anything in sub-section (3), on or after 1st March
1984, the balance and interest thereon payable in accordance with the said
sub-section shall, in lieu of the bonds specified therein, be paid in the
following manner, namely:
(a) The interest accrued at the rate of five and a half per cent per
annum till 1st March, 1984 remaining unpaid shall be paid in five
consecutive annual, as far as may be, equal instalments commencing from
1st March, 1984 in National Savings Certificates;
(b) the whole or, as the case may be, part of the balance specified in
sub-section (1), payable before 1st March, 1984 remaining unpaid shall be
paid in five consecutive annual, as far as may be, equal instalments
commencing from the said date in National Savings Certificates.
(c) the whole or, as the case may be, part of the said balance payable
on or after 1st March, 1984 shall be paid in ten consecutive annual, as far
as may be, equal instalments commencing from the said date in National
Savings Certificates:
Provided that along with each of the instalments referred to in items (b)
and (c), the interest thereon from 1st March, 1984 at the rate of five and a
half per cent per annum upto the date of payment thereof shall also be paid
in National Savings Certificates.]1
74. Prohibition of alienation of holding.1[On and from the date of
commencement of the Amendment Act]1, no person owning land in excess
of the ceiling limit specified in section 63 or 64 shall alienate his holding or
any part thereof by way of sale, gift, exchange or otherwise until he has
furnished a declaration under section 66 and the extent of land, if any, to be
surrendered in respect of that holding has been determined 2[x x x]2 and an
order has been passed 2[x x x]2 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
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
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the land by such person or of the family or due to a decrease in the number
of members of the family, then, notwithstanding anything contained in this
Chapter, such person shall not be required to surrender any part of the land
on the ground that it is excess land.
76. Taking possession of land vested in State Government.Where
under the provisions of this Chapter any land vests in the State
Government, the 1[Tahsildar]1 may, after removing any obstruction that may
be offered, forthwith take possession of the land.
1
[77. Disposal of surplus land.2[(1) Surplus land vesting in the State
Government under this Act, land directed to be disposed of under sub-
section (3) of section 45, section 58, section 60, land vesting in the State
Government under section 79A, section 79B or under any other provision of
3
[this Act, may,]3 subject to reservation of 4[seventy-five]4 per cent thereof for
grant to persons belonging to the Scheduled Castes and the Scheduled
Tribes and subject to such restrictions and conditions as may be prescribed
in this behalf, 3[be granted by the Deputy Commissioner or any other officer
authorised by the State Government in this behalf]3 to the following persons
to the extent and in the manner as may be prescribed:
(i) Dispossessed tenants who are not registered as occupants;
(ii) Displaced tenants having no land;
(iii) Landless agricultural labourers;
5
[(iv) landless persons or other persons residing in villages in the
same Panchayat area whose gross annual income does not exceed rupees
twenty thousand and ex-military personnel whose gross annual income
does not exceed rupees twenty-two thousand;]5
(v) Released bonded labourers;
6
[(vi) x x x ]6
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 the 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
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(ii) resumption of such land by a soldier or a seaman for personal

cultivation.]2
5. Substituted by Act 1 of 1991 w.e.f. 5.2.1991 and further substituted by Act 34 of 2003 w.e.f.
1.11.2003 by notification Text of notification is at the end of the Act.
6. Omitted by Act 34 of 2003 w.e.f. 1.11.2003 by notification Text of notification is at the end of the
Act.
1
[(2) The lands reserved for persons belonging to the Scheduled Castes
and Scheduled Tribes shall be granted in accordance with such rules as
may be prescribed.]1
1
[(2A) Notwithstanding anything in any law, no land granted under this
section shall be transferred by the grantee or his legal representatives for a
period of fifteen years from the date of the grant except by way of mortgage
in favour of a financial institution and for the purposes specified in sub-
section (2) of section 61.
(2B) The Deputy Commissioner or the authorised officer shall forward a
copy of the order granting land under this section to the concerned Sub-
Registrar who shall, notwithstanding anything in the Registration Act, 1908
(Central Act 16 of 1908) or any other law, register the same.]1
1. Sub-section (2A) and (2B) inserted by Act 1 of 1979 w.e.f. 1.1.1979.
(3) Notwithstanding anything contained in sub-section (1), the State
Government may, if it considers that any land vesting in it is required for any
public purpose, reserve such land for such purpose.]1
1
[77A. Grant of land in certain cases.(1) Notwithstanding anything
contained in this Act, if the Deputy Commissioner, or the 2[or any other
officer authorised by the State Government in this behalf]2 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 occupancy
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rights in respect of such land under sub-section (1) of section 48A

within the period specified therein; and
(iii) has continued to be in actual possession and cultivation of such
land on the date of commencement of the Karnataka Land
Reforms (Amendment) Act, 1997,
-he may [ x x x ]3 grant the land to such person subject to such restrictions
3
and conditions and in the manner, as may be prescribed.

1. Inserted by Act 23 of 1998 w.e.f. 1.11.1998 by notification Text of notification is at the end of the
Act.
3. Deemed to have been omitted w.e.f. 15.02.1999 by Act 22 of 2001 by notification Text of
notification is at the end of the Act.
(2) The provisions of sub-sections (2A) and (2B) of section 77 and the
provisions of section 78 shall apply mutatis mutandis in respect of the grant
of land made under sub-section (1).]1
1
[Provided that the land so granted together with the land already held by
such person shall not exceed 2 hectares of D class of land or its equivalent
thereto.]1
78. Purchase price of surplus land.(1) On the grant of land 1[x x x]1
under section 77, the grantee shall have the option to deposit with the
2
[Tribunal]2 the purchase price of the land so granted either in a lumpsum or
in such annual instalments not exceeding twenty as the 3[Tahsildar may
determine, the first instalment becoming payable within such time as may be
prescribed]3.
1
[(2) The purchase price shall, in the case of,
(i) A Class, B Class and C Class lands referred to in Part A of
Schedule I be an amount equal to fifteen times, and
(ii) D Class land referred to in Part A of the said Schedule be an
amount equal to twenty times
the net annual income referred to in sub-section (2) of section 72 plus the
amount, if any, payable under sub-section (4) of that section.]1
(3) Where the purchase price is payable in instalments, the amount
outstanding after payment of each instalment shall bear interest at the rate
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of 1[five and a half per cent]1 per annum 2[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]2.

(4) All amounts due from the grantees shall be a first charge on the land
granted and shall be recoverable as land revenue due on that land.
1
[(5) Every grantee, who is granted surplus land shall be entitled to obtain
assistance from the State Land Development Bank or from a credit agency
as defined in the Karnataka Agricultural Credit operations and
Miscellaneous Provisions Act, 1974 (Karnataka Act 2 of 1975) for the
payment of the purchase price in accordance with such rules as may be
prescribed.
(6) Notwithstanding anything contained in the Karnataka Co-operative
Societies Act, 1959 (Karnataka Act 11 of 1959) the amount advanced to the
grantee by the State Land Development Bank under sub-section (5) may be
recovered by the State Government in the same manner as an arrear of
land revenue and credited to the said Bank.
(7) The amount advanced to a grantee by the credit agency shall be
deemed to be financial assistance within the meaning of the Karnataka
Agricultural Credit Operations and Miscellaneous Provisions Act, 1974
(Karnataka Act 2 of 1975) for the purpose of recovery of dues under section
12 of the said Act and the provisions thereof shall, mutatis mutandis, apply
in respect of the amount so advanced.]1
1. Sub-sections (5) (6) & (7) inserted by Act 3 of 1982 w.e.f. 1.3.1974.
79. Management of surplus lands.The 1[Tahsildar]1 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
1 1
RESTRICTIONS ON [HOLDING OR] TRANSFER OF AGRICULTURAL LANDS
2
[79A. Acquisition of land by certain persons prohibited.(1) On and
from the commencement of the 3[the Karnataka Land Reforms
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(Amendment) Act, 1995]3, no person who or a family or a joint family which

has an assured annual income of not less than rupees 3[two lakhs]3 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. Section 79A, 79B and 79C inserted by Act 1 of 1974 w.e.f. 1.3.1974.
(2) For purposes of sub-section (1)
(i) the aggregate income of all the members of a family or a joint family
from sources other than agricultural land shall be deemed to be income of
the family or joint family, as the case may be, from such sources;
(ii) a person or a family or a joint family shall be deemed to have an
assured annual income of not less than rupees 1[two lakhs]1 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 1[two lakhs]1 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 1[two lakhs]1 for five
consecutive years shall be deemed to have an average annual income of
not less than rupees 1[two lakhs]1 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 inheritence he shall, within ninety days from the
date of acquisition, furnish to the Tahsildar having jurisdiction over the Taluk
where the land acquired or the greater part of it is situated a declaration
containing the following particulars, namely:
(i) particulars of all lands;
(ii) the average annual income of himself or the family;
(iii) such other particulars as may be prescribed.
(5) The Tahsildar shall, on receipt of the declaration under sub-section
(4) and after such enquiry as may be prescribed send a statement
containing the prescribed particulars relating to such land to the Deputy
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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, 1[no amount]1 shall be paid.
79B. Prohibition of holding agricultural land by certain persons.(1)
With effect on and from the date of commencement of the Amendment Act,
except as otherwise provided in this Act,
(a) no person other than a person cultivating land personally shall be
entitled to hold land; and
(b) it shall not be lawful for,-
(i) an educational, religious or charitable institution or society or
trust, other than an institution or society or trust referred to in sub-
section (7) of section 63, capable of holding property;
(ii) a company;
(iii) an association or other body of individuals not being a joint family,
whether incorporated or not; or
(iv) a co-operative society other than a co-operative farm,
to hold any land.
(2) Every such institution, society, trust, company, association, body or
co-operative society,
(a) which holds lands on the date of commencement of the
Amendment Act and which is disentitled to hold lands under sub-section (1),
shall, within ninety days from the said date, furnish to the Tahsildar within
whose jurisdiction the greater part of such land is situated a declaration
containing the particulars of such land and such other particulars as may
prescribed; and
(b) which acquires such land after the said date shall also furnish a
similar declaration within the prescribed period.
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(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.
79C. 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.]2
1. Section 79A, 79B and 79C inserted by Act 1 of 1974 w.e.f. 1.3.1974
80. Transfers to non-agriculturists barred.1[(1)]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 2[lawful]2 in favour of a person,
(i) who is not an agriculturist, or
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(ii) who being an agriculturist holds as owner or tenant or partly as

owner and partly as tenant land which exceeds the limits specified in section
63 or 64; or
3
[(iii) who is not an agricultural labourer; or
(iv) who is disentitled under section 79A or section 79B to acquire or
hold any land:]3
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, 3[to enable a person
other than a person disentitled to acquire or hold land under section 79A or
section 79B]3 who bona fide intend taking up agriculture to acquire land on
such conditions as may be prescribed in addition to the following conditions,
namely:
(i) that the transferee takes up agriculture within one year from the
date of acquisition of land, and
(ii) that if the transferee gives up agriculture within five years, the land
shall vest in the State Government subject to payment to him of an amount
equal to eight times the net annual income of the land or where the land has
been purchased, the price paid for the land, if such price is less than eight
times the net annual income of the land.
1
[(2) Nothing in sub-section (1) shall apply to lands granted under section
77.]1
1
[81. Sections 79A, 79B, and 80 not to apply in certain cases.(1)
Nothing in section 79A or section 79B or section 80 shall apply to,
(a) the sale, gift or mortgage of any land or interest therein in favour of
the Government: 2[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]2 3[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
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1966), the Karnataka Slum Clearance Board established under the

Karnataka Slum Areas (Improvement and Clearance) Act, 1973, (Karnataka
Act 33 of 1974) the Bangalore Development Authority constituted under the
Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), a
Nagarabhivruddhi Pradhikara constituted under the Karnataka
Nagarabhivruddhi Pradhikaragala Adhiniyama, 1987 (Karnataka Act 34 of
1987).]3
(b) the mortgage of any land or interest therein in favour of,
(i) a co-operative society;
4
[(ii) a financial institution;]4
5
[(iii) x x x
(iv) x x x
(v) x x x]5
(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 6[or the
Central Government or both]6;
(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 6[or the Central Government
or both]6;
(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, 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;
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(c) the sale of any land or interest therein referred to in clause (b) in
enforcement of the said security;
(d) the sale of any land in favour of a sugar factory for purposes of
research of seed farm or sale in favour of the Coffee Board constituted
under the Coffee Act, 1942 (Central Act 7 of 1942).
(2) The institutions referred to in clause (b) of sub-section (1) acquiring
land or interest therein shall dispose of the same by sale, within the
prescribed period:
Provided that pending such sale the land may be leased for a period not
exceeding one year at a time and the lease shall stand determined when the
land is sold or on the expiry of one year, whichever is earlier and
notwithstanding anything to the contrary in this Act or in any other law for
the time being in force the lessee shall not be entitled to any right other than
as such lessee in the land.
(3) Any sale by the institution under this section shall be subject to the
other provisions of this Act.]1
1
[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, 2[mortgage with possession]2 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
3
[land held by him as also his assured annual income.]3
(2) The registering authority referred to in sub-section (1) shall forward
within such time and in such manner as may be prescribed, one copy of the
declaration referred to in sub-section (1), to the prescribed officer, within
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whose jurisdiction the land which is the subject matter of the transfer or the
major part thereof is situated.
(3) On receipt of the copy of the declaration under sub-section (2), the
prescribed officer may obtain such information as may be necessary and
take such action as he deems fit in accordance with the provisions of this
Act, and in accordance with such rules as may be made in this behalf.]1
82. Reporting of illegal transactions.Every village officer and every
officer of the Revenue, Registration and Land Records Departments shall
report to the 1[x x x]1 prescribed authority, 2[x x x]2, every transaction in
respect of any land in contravention of any of the provisions of this Act,
3
[as they stood before and as they stand after the date of commencement of
the Amendment Act]3 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 or coming to its notice in any other manner is in
contravention of 1[or is unlawful or invalid under]1 the provisions of this Act,
2
[as they stood before or as they stand after the date of commencement of
the Amendment Act]2 and make a declaration accordingly. Any transaction
so declared to be in contravention of 1[or is unlawful or invalid under]1 any of
the provisions of this Act, 2[as they stood before or as they stand after the
date of commencement of the Amendment Act]2 shall be null and void. 2[The
land in respect of which such transaction has taken place shall, as penalty,
be forfeited to and vest in the State Government 3[free from all
encumbrances]3. No amount is payable therefor]2
CHAPTER VI
PROVISIONS FOR CULTIVATION OF UNCULTIVATED LANDS
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
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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, does any act referred to in sub-section (1) of
section 22, the Assistant Commissioner may cancel the 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 on whose behalf the land is leased
out 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 arrear 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.
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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 1[Registrar of Co-operative Societies in
Karnataka]1 (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 numbers 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.
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 1[Karnataka]1 Co-operative Societies Act, 1959, and grant a
certificate of registration.
(2) The Registrar 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 not cancelled, stand transferred to
the Co-operative Farm, which shall thereupon hold such land 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
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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 satisfies such conditions 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 1[Karnataka]1 Co-operative Societies Act, 1959, and
the rules made thereunder shall, so far as they are not inconsistent with the
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 1[Karnataka]1 Co-operative Societies Act, 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 to 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,
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(ii) personal labour,

(iii) agricultural implements, agricultural stock, and such other articles as
may be prescribed.
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,
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 a member thereof upon such terms and conditions as
may be prescribed.
101. Heirs deemed to be members of the Farm.When a member
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 and 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 irrigation 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.
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CHAPTER VIII
EXEMPTIONS
1 1
[103. x x x]
1
[104. Plantations.2[The provisions of section 38]2 section 63 other
than sub-section (9) thereof, sections 64, 79A, 79B 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 within the boundaries of the area
cultivated with such crop by such person.
not exceeding such extent as may be determined by the prescribed
authority as necessary for the protection and efficient management of such
cultivation.]1
1
[105. x x x]1
1
[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.
(3) Where the land in respect of which the annuity payable under sub-
section (2) is subject to encumbrances,-
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(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.]1
1
[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;
2
[(ii) x x x]2
(iii) belonging to or held on lease or from a local authority, an
Agricultural Produce Marketing Committee constituted under the
3
[Karnataka]3 Agricultural Produce Marketing Regulation Act, 1966
( [Karnataka Act]3 27 of 1966), a University established by law in India, 4[a
3
research institution owned or controlled by the State Government or the

Central Government or both]4 5[an Agricultural Research Institution
recognised by the State Government or the Central Government]5 the
3
[Karnataka]3 Bhoodhan Yagna Board established under the 3[Karnataka]3
Bhoodhan Yagna Act, 1963 (3[Karnataka Act]3 34 of 1963);
(iv) given as a gallantry award;
6
[(iva) granted by the State Government to a Research Institution
affiliated to a university established by law in India.]6
(v) used for such stud farms as are in existence on the 24th day of
January 1971 and approved by the State Government 6[,subject to such
rules as may be prescribed]6;
(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
propoganda:
4
[(viii) held by any corporation owned or controlled by the State
Government or the Central Government or both;]4
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Provided that in the case of lands belonging to or held on lease from the
3
[Karnataka Bhoodhan Yagna Board,]3 the exemption under this section
shall not be applicable if such lands were in the possession of tenants on
the date of donation to the said Board.
4
[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.]4
(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.]1
108. Lands taken under management of Court of Wards, etc.
Subject to the provisions of section 110, 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, 1[the provisions of section 44 shall apply and the land shall
vest in the Government]1;
(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;
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(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 2[x x x]2.
1
[109. Certain lands to be exempt from certain provisions.2[(1)
Subject to such rules as may be prescribed and the provisions of the
Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of
1963), the State Government may, by notification, exempt, any land in any
area from the provisions of sections 63, 79A, 79B 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 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:
3
[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 of the land to be
used for,-
(i) industrial development, the extent of which shall not exceed
ten 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 two units;
(iii) places of worship to be specified by Government by
notification which are established or constructed by a
recognised 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;
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(v) the purpose of horticulture including floriculture and agro

based industries the extent of which shall not exceed ten
units.]3
(1A) Notwithstanding anything contained in sub-section (1), the State
Government may in public interest and for reasons to be recorded in writing,
4
[by notification and subject to the provisions of the Karnataka Town and
Country Planning Act, 1961 (Karnataka Act 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, 79A, 79B or 80]4 for any specific
purpose.]2
5
[Provided that 6[the Deputy Commissioner other than the Deputy
Commissioner of Bangalore Rural District and the Deputy Commissioner of
Bangalore District, may]6 subject to the restrictions and the manner specified
in this sub-section exercise the power of the State Government to grant
exemptions to an extent not exceeding half hectare of land.] 5
2. Substituted by Act 31 of 1995 w.e.f. 20.10.1995 by notification. Text of the notification is at the end
of the Act.
6. Substituted by Act 7 of 2005 w.e.f. 19.03. 2005.
(2) Where any condition or restriction specified in the notification under
sub-section (1), has been contravened, the 1[State Government or as the
case may be, the Deputy Commissioner may]1 after holding an enquiry as
1
[it or he deems fit]1, 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.]1
110. Certain lands to be not exempt from certain provisions.The
State Government may, by notification, direct that any land referred to in
1
[sections 107 and 108]1, shall not be exempt from such of the provisions of
this Act from which they have been exempted under the said sections.
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CHAPTER IX
1 1
PROCEDURE AND JURISDICTION OF [COURTS] AND APPEALS
2
[111. x x x]2
1
[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
proceedings 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;
(i) to pass orders on application for possession under sub-section (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 inquiry 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 encumbrances and arrange payment of amount
under section 50;
(n) to issue a certificate, 2[x x x]2 under section 55;
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(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;
3
[(r) x x x]3
(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 are imposed on the
Tahsildar by any other provision of this Act or under any rule made
thereunder.
(B) Duties of Tribunal.
(a) to make necessary verification or hold an enquiry 4[(including local
inspection)]4 and pass orders in cases relating to registration of a tenant as
occupant under section 48A;
(b) to decide whether a person is a tenant or not;
5
[(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 agricultural land;
(bbb) to decide questions referred to it under section 133;
(bbbb) to issue interim orders under section 48C]5;
6
[(bbbbb) determination of the land to be surrendered under section 67;]6
7
[(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;]7
(d) to perform such other duties and functions as are imposed on the
Tribunal under the provisions of this Act or under any rule made
thereunder.]1
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1
[113. Application of the Code of Civil Procedure.2[(1)]2 Save as
otherwise expressly provided in this Act, the provisions of the Code of Civil
Procedure, 1908 (Central Act V of 1908) shall be applicable in respect of all
applications and proceedings under this Act before the court.]1
1
[(2) x x x
(3) x x x]1
114. Commencement of proceedings.Save as expressly provided by
or under this Act, all enquiries and proceedings before the 1[Tahsildar]1 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 possession
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 applicants documents, if any, and of his witnesses, and
whether such witnesses are to be summoned to attend or whether the
applicant will produce them on the date of the hearing;
(e) such other particulars as may be prescribed.
115. Enquiries.(1) The 1[Court]1 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 of evidence and of
decisions at such enquiries.
(2) For the purpose of any enquiry or proceedings under this Act, 1[the
Tribunal, the Deputy Commissioner]1 or other officer of the Revenue
Department may exercise all or any of the powers 2[x x x]2 under 3[the
4
[Karnataka]4 Land Revenue Act, 1964]3 and shall follow such procedure as
may be prescribed.
4. Adapted by the Karnataka Adaptations of Laws order, 1973 w.e.f. 1.11.1973.
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(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 1[Court]1 or 2[the Tribunal, the Deputy
Commissioner]2 or other officer intimated to the parties concerned by post.
1
[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 2[Karnataka]2
Land Revenue Act, 1964.]1
2. Adapted by the Karnataka Adaptations of Laws order, 1973 w.e.f. 1.11.1973.
1
[116A. 116B. x x x]1
1. Inserted by Act 19 of 1986 and omitted by Act 18 of 1990 w.e.f. 8.10.1990.
1
[117. x x x]1
118. Appeals.1[(1) x x x]1
2
[(1A) x x x]2
(2) From every order passed by the Deputy Commissioner or 1[an officer
authorised under sub-section (1) of section 77, 3[or sub-section (1) of
section 77A]3 the Assistant Commissioner or the prescribed authority under
section 83,]1 an appeal shall lie to the 2[Karnataka Appellate Tribunal]2 and
the order of the Revenue Appellate Tribunal on such appeal shall be final.
1
[(2a) x x x]1
1
[(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.]1
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1
[(3), (4), (5), (6) x x x]1
1
[118A. 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 or as to the
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.]1
119. Stay of execution of orders.(1) The 1[x x x]1 2[x x x]2 Deputy
Commissioner 3[or an officer or authority authorised under sub-section (1) of
section 77 or the Assistant Commissioner or the prescribed authority under
section 83,]3 4[or the Tahsildar]4 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 1[x x x]1 3[officer or authority]3,
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 1[x x x]1, 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.
1
[120. x x x]1
121. Orders in appeal.(1) The 1[x x x]1 2[x x x]2 3[Karnataka Appellate
Tribunal]3 4[or the Assistant Commissioner]4 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.
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(2) The orders of the 1[x x x]1 2[x x x]2 3[Karnataka Appellate Tribunal]3 in
appeal shall be executed in the same manner provided for the execution of
orders 1[x x x]1 under section 116.
1
[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;
affected a reasonable opportunity of being heard.]1
1. Inserted by Act 1 of 1974 , omitted by Act 23 of 1977 and again inserted by Act 19 of 1986 w.e.f.
6.12.1985.
122. Limitation.Every appeal under this Act shall be filed within a
period of sixty days from the date of the order of 1[x x x]1 the 2[x x x]2 Deputy
Commissioner 3[or an officer authorised under sub-section (1) of section 77]3
or the Assistant Commissioner 4[or the Prescribed Authority or the
Tahsildar]4 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 sections 4, 5, 12 and 14 of the 5[Limitation
Act, 1963,]5 shall be applicable to such appeal.
1
[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 of
such order or within 2[the 3[31st day of December, 1995]3]2, whichever is
later, reopen the case and pass such order with respect thereto as it thinks
fit:
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likely to be affected thereby a reasonable opportunity of being heard.]1
123. Court-fees.1[(1)]1 Notwithstanding anything contained in the
2
[Karnataka]2 Court-fees and Suits Valuation Act, 1958, every application or
appeal made under this Act to the 3[Court]3, 4[Tahsildar]4 Assistant
Commissioner, 5[Tribunal]5 Deputy Commissioner, the 3[District Court]3 or
the 2[Karnataka Appellate Tribunal]2 or other authority shall bear a court-fee
stamp of such value as may be prescribed.
1
[(2) Notwithstanding anything contained in the Karnataka Court Fees
and Suits Valuation Act, 1958 (Karnataka Act 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.]1
1. Inserted by Act 19 of 1986 and substituted by Act 18 of 1990 w.e.f. 8.10.1990.
124. Enquiries and proceedings.All enquiries and proceedings
before 1[x x x]1, the Deputy Commissioner, 2[the Tribunal]2 3[x x x]3 the
Assistant Commissioner or 4[the Tahsildar]4 or the 5[Karnataka Appellate
Tribunal]5 shall be deemed to be judicial proceedings within the meaning of
sections 193, 219 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
shall, 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.
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TABLE
Section Fine which may be
imposed
1 2
Rs.
Section 12 ... ... 1,000
Section 33 ... ... 500
Section 41 ... ... 1,000
Section 129 ... ... 250
1
[(1A) 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.]1
(2) 1[Save as otherwise provided in sub-section (1A), if any person]1, who
is under an obligation to furnish a declaration under 2[Chapter IV or Chapter
V]2, 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 five hundred rupees
and with an additional fine which may extend to ten rupees for every day
after the first conviction, during which the offence continues.
Explanation.If a false, incorrect or incomplete declaration has been
furnished, the offence shall be deemed to continue until a true, correct and
complete declaration has been furnished.
1
[(2A) If any person who is under an obligation to furnish any 2[return,
statement or]2 information under this Act or any rule made thereunder,
furnishes any 2[return, statement or]2 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.
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(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 shall, 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 removes 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 extend to one year, or with fine which may extend to one
thousand rupees, or with both.]1

(3) An offence for the contravention of the provisions of section 12, sub-
section (2) of section 33 or section 41 1[or an offence punishable under sub-
section (2D)]1 shall be cognizable.
CHAPTER XI
MISCELLANEOUS
126. Application of Act to inams.For the removal of doubts 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
1
[(including tenants referred to in section 8 of the Village Offices Abolition
Act, 1961 but subject to the provisions of the said Act)]1 and to landlords and
inamdars holding lands 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
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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.
1
[127A. 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.]1
128. Disposal of fragments.If as a result of vesting of any land in the
Government or the grant of any land by the 1[Deputy Commissioner]1 or
otherwise under the provisions of this Act, any area in excess of the
maximum extent of land which a person is entitled to hold under this Act
remains as a fragment, the 1[Deputy Commissioner]1 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.
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 (1), such person may within two years from the date of such
dispossession apply in writing to the 1[Tahsildar]1 complaining of such
contravention.
(3) On receipt of an application under sub-section (2), the 1[Tahsildar]1
shall after holding an enquiry, and without prejudice to any action under
section 125, pass such order on the application 1[as he deems fit]1 including
a direction to the person contravening sub-section (1) for the payment of
such compensation to the person dispossessed as the 1[Tahsildar]1 may
determine.
130. Summary eviction. Any person unauthorisedly occupying or
wrongfully in possession of any land,
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(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 1[Tahsildar]1, after such
inquiry 1[as he deems fit]1 and the 1[Tahsildar]1 may make such orders as
regards the disposal of such land 1[as he deems fit]1.
1
[131. x x x]1
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 1[x x x]1, the Deputy
Commissioner, 2[an officer authorised under sub-section (1) of section 77,
the Assistant Commissioner, the prescribed authority under section 83,]2
3
[the Tribunal]3 4[the Tahsildar]4, the 5[Karnataka Appellate Tribunal]5 or the
State Government in exercise of their powers of control.
(2) No order of 1[x x x]1, the Deputy Commissioner, 2[an officer authorised
under sub-section (1) of section 77, the Assistant Commissioner, the
prescribed authority under section 83,]2 3[the Tribunal]3 4[the Tahsildar]4, the
5
[Karnataka Appellate Tribunal]5, or the State Government made under this
Act shall be questioned in any civil or criminal court.
1
[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, 2[x x x]2 decide the question whether
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such land is or is not agricultural land and whether the person claiming to be
in possession is or is not a tenant of the said land from 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
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 (i)
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.]1
134. Control.In all matters connected with the administration of this
Act, the State Government shall have the same authority and control over
1
[x x x]1 the Deputy Commissioner and 2[other officers]2 acting under this Act
as it has and exercise 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 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
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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 and
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 purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for the following matters:
1
[(i) x x x]1
2
[(ii), (iii), (iv) x x x]2
(v) the manner of registering surrenders of tenancies in the office of the
3
[Tahsildar]3 under sub-section (1) of section 25
(vi) the manner and the form in which a receipt is to be given by the
landlord under sub-section (3) of section 33;
2
[(vii) x x x]2
(viii) the period within which the price shall be deposited with the
3
[Tahsildar]3 under sub-section (3) and the form of certificate to be issued
under sub-section (4) of section 39;
(ix) the form of application to the 3[Tahsildar]3 under sub-section (1) of
section 40;
(x) the form of application to the 3[Tahsildar]3 under section 41;
(xi) the form of application to the 3[Tahsildar]3 under section 42;
(xii) the form of public notice under 3[sub-section (2) of section 48A]3;
(xiii) the number of instalments in which the amount payable under the
bonds may be paid under section 51;
2
[(xiv) x x x]2
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3
[(xv) the period within which and the form in which declaration under
section 66 is to be filed;]3
(xvi) 3[the enquiry to be made by the 4[Tribunal]4 and the period within
which]3 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;
(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 contributions by a member to a Co-
operative Farm under section 98;
(xxv) the terms and conditions for admission of members to a Co-
operative 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 to 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;
5
[(xxix) the returns to be furnished by the Deputy Commissioner and
other officers 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;]5
(xxx) 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 or in respect of any function performed by any
authority under this Act;
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(xxxii) the method 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 the opinion of the State
Government, necessary for giving effect to the purposes of this Act.
1
[(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.
(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.]1
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,
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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, 110 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 of no effect, as the case may be; so
however that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule or notification.
141. Tenure Abolition Acts.Nothing in this Act shall affect the
provisions of any of the Land Tenures Abolition Acts, specified in Schedule
II to this 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.(1) 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 1[save as otherwise provided in this Act]1 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 or 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:
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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.
2
[(1A) Notwithstanding anything contained in sub-section (1) or in any law
in force in any area of the 3[State of Karnataka]3 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 3[Karnataka]3 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
1. Omitted by Act 14 of 1965 w.e.f. 29.7.1965 and inserted by Act 38 of 1966 w.e.f. 29.7.1965.
(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 provision as appears to it to be
necessary or expedient for making omissions from, additions to and
adaptations and modifications to the rules, notifications and orders made or
issued under the said repealed enactments or provisions of law.
1
[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 2[x x x]2 capable of supplying water for
growing two crops of paddy 3[or one crop of sugarcane]3 in a year.
B Class
(i) Lands having facilities for assured irrigation from such Government
Canals and Government Tanks as are 2[x x x]2 capable of supplying water
for growing only one crop of paddy in a year.
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(ii) Lands irrigated by such lift irrigation projects constructed and

maintained by the State Government as are 2[x x x]2 capable of supplying
water for growing two crops of paddy 3[or one crop of sugarcane]3 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 devise 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.
D Class
Lands classified as dry but not having any irrigation facilities from a Government
source.
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 land.]1
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SCHEDULE II
(See section 141)
1. 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 (Jagirs 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 VIII of 1955).
6. The Madras Estates (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).
1
[9. The Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950
(Bombay Act No. LX of 1950).
10. The 2[Karnataka]2 Village Offices Abolition Act, 1961 (2[Karnataka Act]2
No. 14 of 1961).]1
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 (2[Karnataka Act]2 No. 13 of 1957).
5. The Coorg Tenants Act, 1957 (2[Karnataka Act]2 No. 14 of 1957).
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6. The 2[Gulbarga, Mangalore and Kollegal Areas]2 Tenancy

(Suspension of Provisions and Amendment) Act, 1957 (2[Karnataka
Act]2 No. 15 of 1957).
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 2[Karnataka]2 Tenancy (Amendment and Continuance of
Tenancies) Act, 1957 (2[Karnataka Act]2 No. 16 of 1957).
10. Hyderabad Act I of 1336 Fasli.
1
[11. The 2[Karnataka]2 Tenants (Temporary Protection from Eviction) Act,
1961 (2[Karnataka Act]2 37 of 1961).]1
1. Added by Act 14 of 1965 w.e.f. 29.7.1965.
****
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NOTIFICATION
I
Bangalore, dated 18th September, 1965. [No. RD 86 LRY 65.]
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 said Act shall come into force.
By Order and in the name of the Governor of Karnataka,
(B. S. SRIKANTIAH)
Secretary to Government,
Revenue Department.
(Published in the Karnataka Gazette, Part IV-2C (ii), dated 23rd
September 1965, at p. 2850.)
II
Bangalore, dated 11th April 1969. [No. RD 24 TCO 67-II.]
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.
By Order and in the name of the Governor of Mysore,
(M. S. SWAMINATHAN)
Commissioner for Land Reforms and Ex-Officio
Secretary to Government.
Revenue Department.
(Published in the Karnataka Gazette (Extraordinary), Part IV-2C (ii) dated
17th April 1969, at p. 1759.)
III
Bangalore, dated 20th October, 1995. [No. RD 271 LRA 93]
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 Twentieth day of
October 1995, to be the date on which the provisions of Section 8 of the
said Act shall come into force.
(K. H. NANJEGOWDE)
Under Secretary to Government,
Revenue Department, (Scarcity Relief and
Land Reforms).
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IV
Bangalore dated 13th October, 1998.[RD 116 LRA 98]
Karnataka Land Reforms (Amendment) Act, 1997 (Karnataka Act No. 23 of
1998), the Government of Karnataka hereby appoints the 1st day of
November 1998 to be the day on which the said Act shall come into force.
(M. N. NANDINI BAI)
Revenue Department, (Land Reforms).
(Published in the Karnataka Gazette (Extraordinary), Part IV-2C (ii) dated
10th October 1998, as No. 1039.)
V
Bangalore dated the 17th February, 1999.[RD 93 LR 98]
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.
(M. N. NANDINI BAI)
(Published in Karnataka Gazatte Extra-ordinary Part-IV 2C(ii)
dated:18.2.1999, as No.160)
VI
Bangalore dated the 11th December, 2001 .[RD 23 LRA 2001]
2001), the Government of Karnataka hereby appoints the 27th August
2001, to be the day on which the said Act shall come into force.
(R.Narayana Murthy)
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VII
Bangalore dated the 30th October, 2003 .[RD 8 LRA 2001 (Part) ]
Karnataka Land Reforms (Amendment) Act, 2003 (Karnataka Act 34 of
2003), the Government of Karnataka hereby appoint the 1st day of
November 2003, to be the date from which the provisions of the said Act
shall come into force.
(V.Radhakrishna)
****
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THE KARNATAKA LAND REFORMS (SECOND AMENDMENT)

BILL, 2005
(LA Bill No.8 of 2005)
By inserting a proviso to sub-section (1-A) of section 109 of the

Karnataka Land Reforms Act, 1961, the Deputy Commissioners were
empowered to exercise the powers of the State Government to grant
exemptions to an extent not exceeding half hectare of land. It is now
considered necessary to retain the said power of the State Government in
respect of the areas under Bangalore Rural District and Bangalore District.
Hence the Bill.
Note: The Bill has been passed in both the Houses of the Legislature, the
Act has not been issuted till the date of publication of this code. Hence the
text of the bill is furnished.
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THE KARNATAKA LAND REFORMS (SECOND AMENDMENT)

BILL, 2005
A Bill 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-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.
(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 letters or sub-section (1) of section 77A shall be
inserted.
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167
KARNATAKA ACT NO. 22 OF 2001

THE KARNATAKA LAND REFORMS (AMENDMENT)
ACT, 2001
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement
2. Amendment of section 77A

(As appended to at the time of introduction)
It is considered necessary to amend the Karnataka Land
Reforms Act, 1961 (Karnataka Act 10 of 1962) ,-
(i) to provide for registration of the tenant alongwith his
or her living spouse as joint occupants.
(ii) to remove the time limit for grant of land under
section 77A of the Act.
Hence the Bill.
(Vide L.A. Bill No. 12 of 2001 File No. XE 7 } 2001)
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168

(First published in the Karnataka Gazette Extra-ordinary 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 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 1[date] as the State
Government may, by notification, appoint.
2. Amendment of section 77A.- In section 77A 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.
Published in the Karnataka Gazette Part IV-A Extraordinary No.1592 dated

25-8-2001 (Notification No. XE 7 } 2001)
1. This Act come into force on the 27th August 2001, vide Notification No. RD
23 LRA 2001.
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212

THE KARNATAKA LAND REFORMS
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(AMENDMENT) ACT, 2002
Arrangement of Sections
Sections:
2. Amendment of section 81

It is considered necessary to provide for,-
(i) acquiring by sale, gift or mortgage of any land or
interest therein of agricultural property in favour of
the Karnataka State Road Transport Corporation
constituted under the Road Transport Corporation
Act, 1950 (Central Act LXVI of 1950), the Karnataka
Power Transmission Corporation Ltd., constituted
under the Companies Act, 1956;
(ii) the Deputy Commissioner to grant exemption under
section 109 of the Act of any land in any area from
the provisions of sections 63, 79-A, 79-B or 80
subject to the same restrictions and in the same
manner but within the limits to be set forth under
section 109.
Hence the Bill.
[Entry 18 of List-II of the Seventh Schedule to the Constitution
of India]
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213

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 to amend the Karnataka Land Reforms
Act, 1961.
purposes hereinafter appearing;
fifty third 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,
2002.
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) (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,-
(Published in the Karnataka Gazette Part IV-A Extra Ordinary No. 425 dated
23-4-2003 in Notification No. XE 47 } 2001)
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214
(1) 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 of the land to be used for,-
(i) industrial development, the extent of which shall not
exceed ten 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 two units;
(iii) places of worship to be specified by Government by
notification which are established or constructed by a
recognised 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.
By Order and in the name of the
Governor of Karnataka,
M.R.HEGDE
Department of Parliamentary
Affairs and Legislation.
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381
THE KARNATKA LAND REFORMS (AMENDMENT)

ACT, 2003
Sections:
Sub-section (1) of section 77 of the Karnataka Land
Reforms Act, 1961 provides for grant of surplus land to,-
(a) land less persons whose gross annual income
does not exceed rupees four thousand eight
hundred and ex-military personnel whose
annual income does not exceed rupees twelve
thousand [clause (iv)];
(b) other persons residing in villages in the same
Panchayat and whose gross annual income
does not exceed rupees two thousand [clause
(vi)].
It is considered necessary to amend the law and to
provide in one clause for grant of land to landless persons or
other persons residing in villages in the same Panchayat area
whose gross annual income does not exceed rupees twenty
thousand and to ex-military personnel whose gross annual
income does not exceed rupees twenty-two thousand.
Hence the Bill.
[L.A. Bill No. 14 of 2003]
[Entry 18 of List-III of Seventh Schedule to the Constitution of
India]
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382

twentieth day of August 2003)
THE KARNATKA 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.
purposes hereinafter appearing:;
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 1[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:-
(Published in the Karnataka Gazette Part IV-A Extra Ordinary No. 977 dated
20-8-2003 in Notification No. XE 10 } 2003)
1. The Act has come into force on 1st day of November 2003, vide Notification No.
RD 8 LRA 2001 (Part) dated 30.10.2003.
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383
(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.
By Order and in the name of the

Governor of Karnataka
M.R. Hegde
Department of Parliamentary
Affairs and Legislation.
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152

THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 2004
Sections:

It is considered necessary to amend section 109 of the Karnataka Land Reforms Act,
1961 to provide for the Deputy Commissioners to grant exemption under the said section to an
extent not exceeding half hectare of land.
Hence the Bill.
[ L.C. BILL No. 9 OF 2004 ]
(Entry 18 of List II of the Seventh Schedule to the Constitution of India)
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153

(First published in the Karnataka Gazette Extra-ordinary on the Tenth day of March, 2004)
(Received the assent of the Governor on the Sixth day of March, 2004)
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-fifth year of Republic of India,
as follows: -
1. Short title and commencement.- (1) This Act may be called the Karnataka Land
Reforms (Amendment) Act, 2004.
2. Amendment of section 109.- After sub-section (1-A) of section 109 of the Karnataka
Land Reforms Act, 1961 (Karnataka Act 10 of 1962), the following proviso shall be inserted,
namely:-
Provided that the Deputy Commissioner may subject to the restrictions and the manner
specified in this sub-section exercise the power of the State Government to grant exemptions to
an extent not exceeding half hectare of land.
M.R.HEGDE
Department of Parliamentary Affairs and Legislation.
Published in the Karnataka Gazette Part IV-A Extra Ordinary No. 340 dated 10-3-2004 in Notification No. XE 67 } 2003
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Karnataka Act No. 7 of 2005
Sections:
By inserting a proviso to sub-section (1-A) of section 109 of the Karnataka Land Reforms
Act, 1961, the Deputy Commissioners were empowered to exercise the powers of the State
Government to grant exemptions to an extent not exceeding half hectare of land. It is now
considered necessary to retain the said power of the State Government in respect of the areas
under Bangalore Rural District and Bangalore District.
Hence the Bill.
(Entry 18 of list II of Seventh Schedule to the Constitution of India.)

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Karnataka Act No. 7 of 2005
(First published in the Karnataka Gazettee Extra-ordinary on the nineteenth day of March,2005)
(Received the assent of the Governor on the nineteenth day of March, 2005)
(Karnataka Act 10 of 1962) for the purposes 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 (Amendment) Act, 2005.
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.
By order and in the name of the Governor of Karnataka
G. Dakshina Moorthy
Published in the Karnataka Gazette Part IV-A Extra Ordinary No. 407 dated 19-3-2005 in Notification No. AE 45
2004.
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THE KARNATAKA LAND REFORMS (SECOND AMENDMENT) ACT, 2005
Sections:
1. Short title and Commencement
2. Amendment of Section 118
It is considered necessary to provide for an appeal to the Revenue Appellate Tribunal

from an order passed by the Deputy Commissioner or an Officer authorised under sub-section
(1) of section 77A by suitably amending sub-section (2) of section 118 of the Act.
Hence the Bill.
(Entry 18 of list II of Seventh Schedule to the Constitution of India.)

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(First published in the Karnataka Gazette Extra-ordinary on the Twenty Eight day of May, 2005)
THE KARNATAKA LAND REFORMS (SECOND AMENDMENT) ACT, 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.
(Karnataka Act 10 of 1962) for the purposes 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.
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 letters" or sub-section (1) of
section 77A" shall be inserted.
By Order and in the name of the Governor of Karnataka

G. Dakshina Moorthy
Published in the Karnataka Gazette Part IV-A Extra Ordinary No. 1044 dated 28-5-2005 in Notification No. AE 27
2003.
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Sections:
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Amending Act 35 of 2010.- Sub-section (2) of section 61 of the Karnataka Land Reforms
Act, 1961 (Karnataka Act 10 of 1962) enable an occupant to raise loan by mortgaging or create a
charge on his interest in the land for development of land or improvement of agricultural practices.
It is considered necessary to enable the owner to raise loan by mortgaging their lands, for higher
studies of their children.
Hence the Bill.

[L.A.Bill No. 14 of 2010, File No.39 Shasana 2009]
[Entry 18 of List II of the Seventh Schedule to the Constitution of India.]
---

Twenty ninth day of July, 2010)
(Received the assent of the Governor on the Twenty seventh day of July, 2010)
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 sixty 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, 2010.
2. Amendment of section 61.- In the Karnataka Land Reforms Act, 1961 (Karnataka Act 10
of 1962), in section 61,-
(i) in sub-section (2), after the words agricultural practices, the words or for
raising educational loan to prosecute the higher studies of the children of such
person shall be inserted;
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(ii) after sub-section (2), the following shall be inserted, namely:-
Explanation.- For the purpose of this sub-section, Higher studies means

the further studies after Pre-university Examination or 12th Standard
Examination conducted by CBSE or ICSE or any Diploma courses.
G.K.BOREGOWDA
Secretary to Government
Department of Parliamentary Affairs and Legislation
Pj zuAi, P zs WlP, AUg. (-3) (350 wU)

Karnataka Land Reforms Act, 1961

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1962: KAR. ACT 10] Land Reforms 1

THE KARNATAKA LAND REFORMS ACT, 1961

Statement of Objects and Reasons:

2 Land Reforms [1962: KAR. ACT 10

23. Eviction not to be ordered if rent paid during pendency of proceedings.

1962: KAR. ACT 10] Land Reforms 3

51. Mode of payment of the amount.

4 Land Reforms [1962: KAR. ACT 10

75. Excess land not to be surrendered in certain cases.

1962: KAR. ACT 10] Land Reforms 5

97. Rights, privileges, etc., of members.

6 Land Reforms [1962: KAR. ACT 10

124. Enquiries and proceedings.

1962: KAR. ACT 10] Land Reforms 7

8 Land Reforms [1962: KAR. ACT 10

1962: KAR. ACT 10] Land Reforms 9

10 Land Reforms [1962: KAR. ACT 10

1962: KAR. ACT 10] Land Reforms 11

12 Land Reforms [1962: KAR. ACT 10

1962: KAR. ACT 10] Land Reforms 13

(ii) postponement of payment of instalment in case of suspension or remission of

14 Land Reforms [1962: KAR. ACT 10

1962: KAR. ACT 10] Land Reforms 15

16 Land Reforms [1962: KAR. ACT 10

1962: KAR. ACT 10] Land Reforms 17

(Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 26th

18 Land Reforms [1962: KAR. ACT 10

1962: KAR. ACT 10] Land Reforms 19

(Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 31st

20 Land Reforms [1962: KAR. ACT 10

1962: KAR. ACT 10] Land Reforms 21

to be paid correspondingly by the Government to the landlords and were thus

22 Land Reforms [1962: KAR. ACT 10

1962: KAR. ACT 10] Land Reforms 23

(9) it is proposed to empower the Deputy Commissioner or some other officer

24 Land Reforms [1962: KAR. ACT 10

The proviso to sub-section (6) of section 48A is inserted to enable Tribunals to

1962: KAR. ACT 10] Land Reforms 25

Other amendment are incidental and consequential.

26 Land Reforms [1962: KAR. ACT 10

1962: KAR. ACT 10] Land Reforms 27

(Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 21st

28 Land Reforms [1962: KAR. ACT 10

6) A person registered as an occupant whose holding does not exceed 10 acres

1962: KAR. ACT 10] Land Reforms 29

30 Land Reforms [1962: KAR. ACT 10

1962: KAR. ACT 10] Land Reforms 31

[Entry 18 of List-II of the Seventh Schedule to the Constitution of India]

32 Land Reforms [1962: KAR. ACT 10

1962: KAR. ACT 10] Land Reforms 33

34 Land Reforms [1962: KAR. ACT 10

1962: KAR. ACT 10] Land Reforms 35

(b) the raising of crops, grass or garden produce;

36 Land Reforms [1962: KAR. ACT 10

(9) co-operative farm means a co-operative farm registered as provided

1962: KAR. ACT 10] Land Reforms 37

38 Land Reforms [1962: KAR. ACT 10