Karnataka Land Revenue Code 1888 PDF

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KARNATAKA LAND REVENUE CODE, 1888
1. Short title, local extent and commencement.

2. Enactments repealed.
3. Interpretation section.
4. Chief Controlling Authority in revenue matters.
5. Karnataka to be divided into districts.
6. Deputy Commissioner of District.
7. Assistant Commissioners.
8. Assistant Commissioners in-charge of taluks.
9. Deputy Commissioner of District in case of Temporary vacancy.
10. The Amildar and his Appointment.
11. The Deputy Amildar, his duties and powers.
12. Amildar or Deputy Amildar may depute subordinates to perform certain of
his duties.
13. Amildar in case of temporary vacancy.
14. Stipendiary patel and village accountant to be appointed where no hereditary
patel or village accountant exists.
15. Village accountant to keep such records as he may be required to keep by
Government.
16. Holder of alienated village to keep such records as are prescribed by
Government.
17. Survey Officers.
18. Combination of Offices.
19. Certain Appointments to be Notified.
20. Establishments.
21. Seals.
22. Government to direct what Officers shall furnish security and for what
amount.
23. Fresh or Additional Security.
24. Demands for Money, Papers, etc., to be made known in writing to persons
concerned.
25. Public moneys may also be recovered as arrears of revenue.
26. Surety liable in the same manner as principal.
27. An Officer or surety in jail may, by furnishing certain security, obtain his
release.
28. Liability of surety not affected by death of principal or by his taking different
appointment.
29. How surety may withdraw from further liability.
30. Prohibited Acts.
31. Power of fining, reducing suspending and dismissing in whom to vest.
32. All such orders to be made in writing.
33. Fine not to exceed two months' pay.
34. And how recovered.
35. Liability to criminal prosecution not affected.
36. Public roads etc., and lands which are not, the property of others, belong to
Government.
37. Encroachments upon public roads, streets, etc.
38. Right to metals and minerals to vest in Government.
39. Lands may be assigned for special purposes and where so assigned shall not
be otherwise appropriated without the sanction of Government.
40. Regulation of use of pasturage.
41. Right to trees in village to which survey settlement has not been introduced.
42. Government trees and forests.

43. Road-side trees.
44. Recovery of value of trees, etc., unauthorisedly appropriated.
45. All land liable to pay revenue unless specially exempted.
46. Remission of assessment in cases of diluvian.
47. Land Revenue upon what descriptions of land chargeable.
48. Commuted assessment of land indirectly taxed to the State.
49. Assessment by whom to be fixed.
51. Register of alienated lands.
52. Settlement of assessment to be made with the holder directly from
Government.
53. Rates for the use of water.
54. Land revenue a paramount charge on the land.
55. Forfeited holding may be taken possession of and otherwise disposed of.
56. Receipts to be granted by Revenue Officers for payments of land revenue.
57. Penalty for failure to grant receipts.
58. Written permission of Amildar required previous to taking up unoccupied
land.
59. Penalties for unauthorised occupation of land.
60. Occupancy rights to be paid for and to be liable to certain conditions.
61. Occupancy of alluvial land which vests in Government.
62. Temporary right to alluvial land of small extent.
63. Uses to which occupant of land for purposes of agriculture may put his land.
64. Penalty for so appropriating land without permission.
64-A. Deputy Commissioner's powers under Sections 63 and 64 in alienated
villages.
65. Permission may be granted on terms.
66. Occupants' rights are conditional.
66-A. Deputy Commissioner's power to grant permission to occupy land
temporarily.
66-B. Transfer of occupancy without Deputy Commissioner's sanction.
67. Decree or order of Competent Court to be given effect to.
68. Name of heir to be registered when registered occupant dies.
69. When entry to be amended.
70. Right of occupancy to be transferable and heritable.
71. Occupant may relinquish his occupancy.
72. Relinquishment of lands paying a lump assessment.
73. Relinquishment of alienated land.
74. Right of way to relinquished land.
75. Sections 72 and 73 not to operate in certain cases.
76. Occupant or holder to continue liable for all demands until the occupancy or
holding is duly relinquished or transferred.
77. To prevent forfeiture of occupancy, certain persons other than the registered
occupant may pay the land revenue.
78. Deputy Commissioner may in certain cases make co-occupant or other
person registered occupant instead of selling occupancy for realization of land
revenue.
79. Amount of rent payable by tenant.
80. Annual tenancy terminates on 31st March.
81. Landlord to furnish tenant with written lease.
82. Landlord entitled to written engagement from tenant.
83. Leases or agreements fixing rent in perpetuity.
84. "Kadim tenant" defined.
85. Superior holder may arrange his own terms of rent for alienated waste land.
86. Extent to which rent payable by a Kadim tenant may be enhanced.
87. Grounds for abatement of rent payable by a kadim tenant. The rent payable
by a kadim tenant is liable to abatement.
87-A. Provision for remission of rent or land revenue payable by a kadim tenant
in an alienated village.
88. Suit for enhancement or abatement of rent to be made to Deputy
Commissioner.
89. Nothing in Sections 84 to 87 to bar the enhancement or abatement of rent by
written agreement of landlord and tenant.
90. Operation of decision for enhancement or abatement of rent from what date
to commence.
91. Terms of kadim tenant's leases.
92. On refusal of superior holder, tenant to apply to Deputy Commissioner for
lease.
93. On refusal of tenant to accept lease or to execute reciprocal engagement,
superior holder to apply to Deputy Commissioner.
94. Determination of disputes in suits under Sections 92 and 93.
95. Procedure on refusal of superior holder to grant lease as directed.
96. Procedure in suits under Sections 88, 92 and 93.
96-A. Land Revenue payable to a superior holder by an inferior holder to be a
first charge on the holding.
97. Superior holders entitled to assistance in recovering rent.
98. Deputy Commissioner how to proceed on such application.
99. Government may, by commission, confer certain powers on holders of
alienated lands.
100. Terms of such commission.
101. Reference must be made by holder of commission to Deputy Commissioner
in certain cases.
102. When compulsory process shall cease.
103. Power under commission to extend to current and previous year's arrears.
104. Holder of commission not to enforce any unusual or excessive demand.
105. Nothing in this Chapter to prevent civil suit.
106. Revenue survey may be introduced by Government into any part of the
whole of the State of Karnataka except Bellary District
107. Survey Officer may require, by general notice or by summons, suitable
service from holders of land, etc.
108. Assistance to be given by holders and others in the measurement or
classification of lands.
109. Survey numbers not to be less than a certain extent.
110. Recognised shares of survey numbers.
111. Officer-in-charge of survey to fix assessment.
112. Assessment not leviable without the sanction of Government, but may be
fixed with or without modification by the Government for a term of years.
113. Introduction of survey settlement how to be made.
114. The fixing of assessment under Section 112 limited to ordinary land
revenue.
115. Government may direct a fresh revenue survey and revision of assessment.
116. Certain improvements may be considered in fixing revised assessment.
117. Preparation of statistical and fiscal records.
118. Survey Officer or Deputy Commissioner or Assistant Commissioner to
correct clerical and admitted errors in the settlement register.
119. Deputy Commissioner to keep survey records and frame village records in
accordance therewith.
119-A. Assumption .of management of alienated villages by Government.
119-B. Land-holders to be deemed disqualified in certain cases.
119-C. Government management of alienated villages on application of land-
holder.
119-D. Assumption of management to be notified.
120. Revenue management of villages or estates not belonging to Government
that may be temporarily under Government management.
121. Maintenance of existing settlements of land revenue
122. Rules for partition of estate paying revenue to Government.
123. Partition of alienated village by the Deputy Commissioner on application by
co-sharers.
124. Sub-division of numbers at time of revision of survey.
125. Separate demarcation of land appropriated under Section 63 or 65.
126. Determination of village boundaries.
127. Determination of field boundaries.
128. Settlement of boundary dispute by arbitration.
129. Effect of the settlement of boundary.
130. Construction and repair of boundary marks of survey numbers and villages.
131. Responsibility for the maintenance of boundary marks.
132. Deputy Commissioner to have charge of boundary marks after introduction
of the survey settlement.
133. Penalty for injuring boundary marks.
134. Limit of sites of villages, towns and cities how to be fixed, and assignment of
building sites
135. Disposal of building sites.
136. Occupancy right confirmed.
137. Existing exemptions confirmed
138. Inam lands hitherto used for purposes of agriculture only appropriated to
other purposes.
139. Survey of lands in sites of villages, towns and cities how to be conducted.
140. In certain cases a survey fee to be charged.
141. Sannad to be granted without extra charge.
142. Primary responsibility.
143. Claims of Government to have precedence over all others.
144. Liability of crop for revenue of land.
145. Land revenue may be levied at any time during the revenue year.
146. Removal of crop which has been sold, etc., may be prevented until the
revenue is paid.
147. In order to secure the land revenue the Deputy Commissioner may prevent
the reaping of the crop.
148. Deputy Commissioner's order under last section how to be made known.
149. Reaping, etc., not to be unduly deferred.
150. Temporary attachment and management of a village or share of a village.
151. Precautionary measures to be relinquished on security being furnished.
152. Government to determine the dates, etc., on which land revenue shall be
payable.
153. Arrear defaulters.
154. Liability incurred by default.
155. Certified account to be evidence as to arrears.
156. Process for recovery of arrears.
157. Revenue demands of former years; how recoverable.
158. When notice of demand may issue.
159. The occupancy or alienated holding for which arrear is due may be
forfeited.
160. Distraint and sale of defaulter's movable property. By whom to be made.
161. Sale of defaulter's immovable property.
162. Exemption from distraint and sale.
163. Arrest and detention of defaulter.
164. Power of arrest by whom to be exercised.
165. Power to attach defaulter's village and take it under management.
166. Lands of such village to revert to Government free of encumbrances.
167. Application of surplus profits.
168. Restoration of a village so attached.
169. Village, etc., to vest in Government if not redeemed within twelve years.
170. All processes to be stayed on security being given.
171. Procedure in effecting sales.
172. Notification of sale.
173. Sales by whom to be made.
174. Sale of perishable articles.
175. When sale may be stayed.
176. Sales of movable property when liable to confirmation
177. Mode of payment for movable property when sale is concluded at once.
178. Mode of payment for movable property when sale is subject to
confirmation.
179. Deposit by purchaser in case of sale of immovable property.
180. Purchase money when to be paid.
180-A. Permission to purchase by party entitled to payment of money.
181. Effect of default.
182. Liability of purchaser for loss by resale.
183. Notification before resale
183-A. Setting aside sale on deposit of solatium to the purchaser and arrears and
arrears by person interested.
184. Application to set aside sale.
185. Order confirming or setting aside sale.
186. Refund of deposit of purchase money when sale is set aside.
187. On confirmation of sale, purchaser to be put in possession. Certificate of
purchase.
187-A. Application to Civil Court by purchaser resisted in taking possession.
188. Bar of suit against certified purchaser.
189. Application of proceeds of sale.
190. Surplus not to be paid to creditors except under order of Court.
191. Liability of purchaser for revenue.
192. Claims to attached to movable property how to be disposed of.
193. What moneys leviable under the provisions of this Chapter.
193-A. Recovery of arrears accruing in C. and M. station, Bangalore.
194. Power of Government to make rules as to advances made.
195. Subordination of Revenue Officers
196. Power to summon persons to give evidence and produce documents.
197. Witness may be examined on commission under certain circumstances.
198. Summons to be in writing, signed and sealed.
199. Mode of serving notice.
200. Procedure for procuring attendance of witnesses.
201. Mode of taking evidence in formal inquiries.
202. Writing and explanation of decisions.
203. Summary inquiries, how to be conducted.
204. Formal and summary inquiries to be deemed judicial proceedings.

205. Ordinary inquiries how to be conducted.
206. Copies and translation, etc., how to be obtained.
207. Arrest of defaulter to be made upon warrant.
208. Power of Revenue Officer to enter upon any land or premises for purpose of
measurement, etc.
209. Deputy Commissioner how to proceed in order to evict any person
wrongfully in possession of land.
210. Appeal to lie from any order passed by a Revenue Officer to his superior.
210-A. Power to Government to withdraw appeals from the Revenue
Commissioner.
211. Period within which appeal must be brought.
212. Admission of appeal after period of limitation.
213. Provision, where last day for appeal falls on a holiday.
214. Copy of order to accompany petition of appeal.
215. Powers of Appellate Authority.
216. Power to suspend execution of order of subordinate Officer.
217. Power to call for and examine the records and proceedings of subordinate
Officers.
218. Rules as to decisions or orders expressly made final.
219. Interpretation clause.
220. Saving of provisions of Pensions Act
221. Bar of certain suits.
222. Saving of certain suits.
223. Bar of certain suits against Revenue Officers.
224. Punishment or prosecution of Revenue Officer, no bar to civil remedies.
225. Suits not to be entertained unless plaintiff has exhausted right of appeal.
226. Power of Government to refer questions for decision of High Court.
227. Power of Civil Judge to refer questions of jurisdiction to High Court.
228. Composition of Bench.
229. Reference of Government suits to District Judge
230. Privileges of Government in suits defended by it
231. Applicability to kayamgutta villages of provisions relating to alienated
villages.
232. Maps and land registers and village accounts etc., open to inspection.
233. Power of Government to frame rules.
234. Certain rules to be published.<
235. Power to provide for penalties.
236. Omitted
237. Occupants in alienated or kayamgutta villages.
238. Construction of this Act.
239. Savings of power of Government to levy tax, cess or rate,
1001. SCHEDULE A [See Section 2]
1002. SCHEDULE B
1003. SCHEDULE C
1004. SCHEDULE D
1005. SCHEDULE E [See Section 80]
1006. SCHEDULE F
1007. SCHEDULE G [See Section 137]
1008. SCHEDULE H
1009. SCHEDULE I
1. Short title, local extent and commencement.
This Act may be cited as the Karnataka Land Revenue Code, 1888.
It extends to the [whole of the State of Karnataka except Bellary District.] {See
the Karnataka Adaptations of Laws Order, 1953}
It shall come into force on the 1st day of April, 1889.
CHAPTER I Preliminary Land Revenue
2. Enactments repealed,
The Acts, Rules, Notifications and Orders mentioned in the Schedule A hereto
annexed are repealed, but not so as to render invalid anything done in
accordance with any of them.
All references made in any Act, Rule, Notification or Order, to any enactment
hereby repealed, shall be read as if made to the corresponding portion of this Act.
And all rules prescribed, appointments made, securities furnished, powers

conferred, orders issued, and notifications published under any such enactment,
and all other rules (if any) now in force and relating to any of the matters
hereinafter dealt with, shall (so far as they are consistent with this Act) be
deemed to have been respectively prescribed, made, furnished, conferred, issued
and published hereunder
And all proceedings now pending which have been commenced under any
enactment hereby repealed shall be deemed to have been commenced under this
Act, and shall hereinafter be conducted in accordance with the provisions of this
Act.
3. Interpretation section.
In this Act, unless there be something repugnant in the subject or context.
(1) "Revenue Officer" means every Officer of any rank whatsoever employed in
or about the business of the land revenue, or of the surveys, assessment,
accounts or records connected therewith;
(2) "Survey Officer" means an Officer appointed under, or in the manner

provided by Section 17 of this Act;
(3) "Land" includes benefits to arise out of land, and things attached to the earth
or permanently fastened to anything attached to the earth, and also shares in, or
charges on, the revenue or rent of villages, or other defined portions of territory;
(4) "Estate" means any interest in land and the aggregate of such interests vested
in a person or aggregate of persons capable of holding the same;
(5) "Survey Number" means a portion of land of which the area and other
particulars are separately entered under an indicative number in the survey

records of the village, town or city in which it is situated, and includes a
recognised share of a survey number;
(6) "Recognised share of a Survey Number" means sub-division of a survey

number separately assessed and registered;
(7) "Building site" means a portion of land held for building purposes, whether
any building be actually erected thereupon or not, and includes the open ground
or court-yard enclosed by, or adjacent to, any building erected thereupon;
(8) "Boundary Mark" means any erection, whether of earth, stone or other
material, and also any hedge, vacant strip of ground, or other object, whether
natural or artificial, set up, employed, or specified by a Survey Officer or other
Revenue Officer having authority in that behalf, in order to designate the
boundary of any division of land;
(9) "To hold land" means to be legally invested with a right to the possession and
enjoyment or disposal of such land, either immediate or at the termination of
tenancies legally subsisting;
(10) "Holder" or "Landholder" signifies the person in whom a right to hold land
is vested, whether solely on his own account or wholly or partly in trust for
another person, or for a class of persons or for the public. It includes a mortgagee
vested with a right to possession;
(11) "Holding" signifies land over which such right extends;
(12) "Tenant" signifies a person who holds by a right derived from a superior
holder called his "landlord" or from his landlord's predecessors in title, and is, or,
but for a special contract, would be liable to pay rent for such land to his
landlord;
(13) "Rent" signifies whatsoever is paid or delivered in money or kind, or

whatever service is rendered, by a tenant on account of the use or occupation of
land let to him;
(14) "Superior holder" signifies a holder entitled to receive from other holders
rent or land revenue on account of lands held by them, whether or not such
holder pays land revenue to Government on account of such lands;
(15) "Inferior holder" signifies a holder liable to pay rent or land revenue to a
superior holder;
(16) "Occupant" signifies a holder of unalienated land, or when there are more
holders than one, the holder having the highest right in respect of any such land,
or where such highest right vests equally in more holders than one, any one of
such holders;
(17) "Registered occupant" signifies a sole occupant or the eldest or principal of

several joint occupants whose name is authorizedly entered in the Government
records as holding unalienated land whether in person or by his co-occupant,
tenant, agent, servant, or other legal representative;
(18) Occupancy" signifies the sum of the rights vested in an occupant as such;
(19)"Alienated" means transferred in so far as rights of Government to payment

of the rent or land revenue are concerned, wholly or partially, to the ownership)
of any person;
(20)the word "Village, town or city", includes all lands belonging to such village,
town or city;
[(2l) The words "Revenue year" mean the period from and exclusive of the 30th
June, of one calendar year until and inclusive of the 30th June, in the next
calendar year. The revenue year 1891-92 shall consist of fifteen months running
from 1st April, 1891 to 30th June, 1892, both days inclusive;] .{Substituted by Act
No. Ill of 1892}
(22) "Section" means a section of this Act;
(23) the words "this Chapter" mean the Chapter of this Act in which those words
occur;
(24) "Village Accountant" means the Officiator Shanbhog and includes every
person performing any of the duties of the shanbhog;
(25) "Government" means the [State Government.] {Substituted for the words
"Government of His Highness the Maharaja of Mysore" by Act No. 1 of 1956}
[4. Chief Controlling Authority in revenue matters.
(1) The Chief Controlling authority in all matters connected with the land
revenue is vested in the Revenue Commissioner, subject to Government
(2) The Revenue Commissioner shall be appointed by Government and shall

exercise the powers and discharge the duties conferred and imposed on the
Revenue Commissioner under this Act, or under any other law for the time being
in force and so far as is consistent therewith, all such other powers or duties of
appeal, superintendence and control within the [whole of the State of Karnataka
except Bellary District,] .{See the Karnataka Adaptations of Laws Order,
1953}and over the Officers subordinate to him, as may, from time to time, be
prescribed by Government.
(3) The Revenue Commissioner shall have such number of Assistants as the
Government may, from time to time, sanction, their appointment being made by
Government. Assistants so appointed shall perform such duties as the Revenue
Commissioner may, from time to time, direct.] {Substituted by Act No. VI of
1906}
CHAPTER II Constitution and Powers of Revenue Officers Land Revenue
5. Karnataka to be divided into districts.

The [whole of the State of Karnataka except Bellary District] {See the Karnataka
Adaptations of Laws Order, 1953}shall be divided into such number of districts
with such limits as may, from time to time, be prescribed by a duly published
order of the Government.
And each such district shall consist of such number of taluks, and each taluk shall
consist of such number of villages, as may, from time to time, be prescribed in a
duly published order of the Government.
The present districts, taluks and villages shall remain as they are for the
purposes of this Act until altered by the Government.
6. Deputy Commissioner of District.
The Government shall appoint in each district an Officer who shall be called the
Deputy Commissioner of the district, [and shall be subordinate to the Revenue
Commissioner] .{Inserted by Act No. VI of 1906}and who may exercise,
throughout his district, all the powers and discharge all the duties conferred and
imposed on a Deputy or Assistant Commissioner by this Act, or any other law for
the time being in force, and in all matters not specially provided for by law shall
act according to the instructions of the Government.
7. Assistant Commissioners.
The Government may appoint to each district as many Assistant Commissioners

as it may deem expedient.
All such Assistant Commissioners and all other Officers employed in the Land
Revenue Administration of the district shall be subordinate to the Deputy
Commissioner.
8. Assistant Commissioners in-charge of taluks.
(1) The Government may place any Assistant Commissioner in-charge of the
Revenue Administration of one or more of the taluks in a district.
(2) Any Assistant Commissioner thus placed in-charge shall, so far as regards the
taluk or taluks in his charge, perform such of the duties and exercise such of the
powers imposed and conferred upon the Deputy Commissioner by this Act, or by
any other law at the time being in force, as the Government may, by a general or
special order, from time to time, direct. [xx xx.] {Certain words omitted by Act
No. VI of 1906}
(3) To such Assistant Commissioner as may not be placed in charge of taluks, the
Deputy Commissioner shall, under the general or special orders of the
Government, assign such particular duties and powers as he may, from time to
time, see fit.
9. Deputy Commissioner of District in case of Temporary vacancy.
If the Deputy Commissioner is disabled from performing his duties, or for any
reason vacates his office, or leaves his district, or dies, his Assistant of highest
rank present in the district shall, unless other provision has been made by the
Government, succeed temporarily to his office and shall be held to be the Deputy
Commissioner of the district under this Act, until the Deputy Commissioner
resumes charge of his district, or until the Government appoints a successor to
the former Deputy Commissioner, and such successor takes charges of his
appointment.
10. The Amildar and his Appointment.
The Chief Officer entrusted with the Local Revenue Administration of a taluk
shall be called an Amildar. He shall be appointed by the Government.
His duties and powers shall be such as may be expressly imposed or conferred
upon him by this Act, or by any other law for the time being I in force, or as may
be imposed upon or delegated to him by the Deputy Commissioner under the
general or special orders of the Government. He shall, after the passing of this
Act, continue to perform the duties and exercise the powers at present
performed and exercised by him until such time as he is otherwise directed by
Competent Authority.
11. The Deputy Amildar, his duties and powers.
Whenever it may f appear necessary, the Government may appoint a Deputy

Amildar to be in charge of a defined portion of a taluk and may assign to him
within his local limits such of the duties and powers of an Amildar as may, from
time to time, be considered necessary. The Deputy Amildar's immediate superior
authority shall, for the purposes of Section 210 of this Act, be deemed to be the
Assistant Commissioner-in-charge of the taluk, or, if no Assistant Commissioner
is placed in charge of the taluk, the Deputy Commissioner.
12. Amildar or Deputy Amildar may depute subordinates to perform

certain of his duties.
It shall be competent to an Amildar or Deputy Amildar, subject to such general

orders as may, from time to time, be passed by the [Revenue Commissioner]
.{Substituted for the word "Government" by Act No. VI of 1906} or by the Deputy
Commissioner, to employ any of his subordinates to perform any portion of his
ministerial duties:
Provided that all acts and orders of his subordinates when so employed shall be
liable to revision and confirmation by such Amildar or Deputy Amildar.
13. Amildar in case of temporary vacancy.
If an Amildar is disabled from performing his duties, or for any reason vacates
his office or leaves his taluk, or dies, either the Deputy Amildar, or, if there is no
Deputy Amildar in the taluk, the Sheristedar of the taluk shall succeed
temporarily to the said Amildar's Office, and shall be held to be the Amildar
under this Act, until the Amildar resumes charge of his taluk, or until such time as
a successor is duly appointed and takes charge of his appointment.
14. Stipendiary patel and village accountant to be appointed where no

hereditary patel or village accountant exists.
In villages where no hereditary patel or village accountant exists, it shall be

lawful for the Deputy Commissioner, under the general orders of the
Government [and of the Revenue Commissioner] {Inserted by Act No. VI of 1906}
to appoint a stipendiary patel or village accountant, who shall perform
respectively all the duties of hereditary patels or village accountants as
hereinafter prescribed in this Act, or in any other law for the time being in force,
and shall hold their situations under the rules in force with regard to subordinate
Revenue Officers.
Nothing in this section shall be held to affect any subsisting rights of holders of
alienated villages or others in respect of the appointment of patels and village
accountants in such alienated or other villages.
15. Village accountant to keep such records as he may be required to keep

by Government.
[Subject to the general orders of Government, the Revenue Commissioner]

{Substituted for the word "Government" by Act No. VI of 1906}shall prescribe,
from time to time, what registers, accounts and other records shall be kept by the
village accountant and pending the first issue of orders under this section, the
village accountant shall continue to keep all such registers, accounts and other
records as he may hitherto have been required to keep.
It shall also be the duty of the village accountant to prepare, whenever called
upon by the patel of his village or by any superior revenue or police Officer of the
taluk or district to do so, all writings connected with the concerns of the village
which are required either for the use of the Government or the public, such as
notices, reports of inquests, and depositions and examinations in criminal
matters.
16. Holder of alienated village to keep such records as are prescribed by

Government.
(1) Every holder of an alienated village shall be bound to keep such registers,
accounts, and other records as may, from time to time, be prescribed by
Government to be kept for alienated villages. He shall be responsible for the
punctual and correct preparation of such registers, a -counts and other records,
and shall deposit with the Deputy Commissioner, true copies of such of them as
the Government may, either by a general or special order, from time to time
direct.
(2) Where there is a village accountant, it shall be his duty to prepare and keep
the registers, accounts and other records referred to in this section, under the
control of the holder of the alienated village or his agent.
(3) When the holder of the alienated village fails to keep any registers, accounts
or other records or to deposit copies of them with the Deputy Commissioner, in
accordance with the provisions of this section, it shall be lawful for the Deputy
Commissioner, to cause such registers, accounts or other records or copies of
them to be prepared by any other person and to levy the cost of such preparation
from the holder of the alienated village^ as if it were a revenue demand.
17. Survey Officers.
For the purposes of Chapters VIII, IX and X of this Act, the Government may
appoint such Officers as it may, from time to time, consider necessary. Such
Officers shall be designated "Superintendent and Deputy Superintendent of
Survey and Settlement7', "Survey Settlement Officer", and "Assistant
Superintendent", or otherwise as may seem requisite, and shall be subordinated
one to the other, in such order as the Government may direct.
Subject to the orders of the Government, the Officers so appointed are vested
with the cognizance of all matters connected with survey and settlement, and
shall exercise all such powers and perform all such duties as may be prescribed
by this or any other law for the time being in force.
18. Combination of Offices.
It shall be lawful for the Government to appoint one and the same person, being
otherwise competent according to law, to any two or more of the Offices
provided for in this Chapter, or to confer upon an Officer of one denomination all
or any of the powers or duties of any other Officer or Officers within certain local
limits or otherwise as may seem expedient.
19. Certain Appointments to be Notified.
The appointment of all Officers mentioned in Sections 6, 7, 8, 10, 11, 17 and 18

shall be duly notified in the Official Gazette.
Any Officer appointed to act temporarily for any such Officer shall exercise the
same powers and perform the same duties as might be performed or exercised
by the Officer for whom he is so appointed to act.
20. Establishments.
Subject to the rules or orders made under Section 233, the appointment of all
members of the establishments of the undermentioned Officers shall, unless
otherwise directed by Government, be made by those Officers respectively,
namely.
[the Revenue Commissioner;] {Inserted by Act No. VI of 1906}
the Deputy Commissioner;
the Superintendent of Survey;
any other Officers whom the Government may hereafter direct.
The appointment of all members of the establishments of all other Officers

mentioned in the foregoing sections of this Chapter and the appointment of all
other subordinate Revenue Officers not hereinbefore provided for, shall be made
in their respective departments by the Deputy Commissioner and the
Superintendent of Survey:
Provided that it shall be lawful for them to delegate such portion of this power as
they may deem fit to any subordinate Officer, but subject to the retention of a
right of revision at any time of the appointments which may be made by such
subordinate Officers.
[x x x x x.] {The second proviso omitted by Act No. VII of 1919}
21. Seals.
The Government shall, from time to time, by notification prescribe what Revenue
Officers shall use a seal and what size and description of seal shall be used by
each of such Officers. Pending the issue of the first orders under this section, the
seals hitherto used shall continue to be used by such Officers as have used them.
22. Government to direct what Officers shall furnish security and for what
amount.
It shall be lawful for the Government to direct that such Revenue Officers as it
deems fit shall, previously to entering upon their Office, furnish security to such
amount as Government may in each case deem expedient, either by deposit of
Government paper duly endorsed, accompanied by power to sell, or by deposit of
cash in a Government Treasury or Government Savings Bank to the credit of the

Government, or by the conveyance to the Government of approved immovable
property, whose estimated value may bear to the amount of security required
any proportion prescribed by the Government, or by a bond in the form
contained in Schedule B to this Act.
The amount for which such security shall be furnished may be varied, from time
to time, by order of the Government, which shall also determine the number of
sureties to be required when security is taken in the form of Schedule B.
Chapter III Of the Security to be Furnished by Certain Revenue Officers and the
Liability of Principals and Sureties Land Revenue
23. Fresh or Additional Security.
The Deputy Commissioner or the Superintendent of Survey may, at any time

after security has been given by a Revenue Officer subordinate to him, if it appear
to him that the security taken is unsatisfactory, or if the Officer is transferred to
an Office for which large security is required, or for other sufficient reason,
demand fresh or additional security, and, in case of the Officer failing to give such
security within such time not less than one month as the Deputy Commissioner
or Superintendent of Survey may fix after its being required of him, may suspend
or dismiss him:
Provided always that no greater security shall be demanded than is' required by
the orders of the Government under the last preceding section.
24. Demands for Money, Papers, etc., to be made known in writing to

persons concerned.
The Deputy Commissioner or the Superintendent of Survey, or any Officer

deputed by the Deputy Commissioner or Superintendent of Survey for this
purpose, shall, in all cases in which he may have a claim on any Revenue Officer
or any person formerly employed as such in his district or department for public
money or papers or other Government property, by writing under his Official
seal, if he use one, and signature, require the money or the particular papers or
property detained to be delivered either immediately to the person bearing the
said writing, or to such person on such date and at such place as the writing may
specify.
If the Officer or other person as aforesaid shall not discharge the money, or
deliver up the papers or property as directed, or fail to assign sufficient cause for
non-compliance with the requisition made as aforesaid, the Deputy
Commissioner or the Superintendent of Survey may cause him to be [arrested
and shall inform him, as soon as may be, of the grounds for such arrest and
produce him or cause him to be produced before the nearest Magistrate within a
period of twenty-four hours of such arrest, excluding the time necessary for the
journey from the place of arrest to the Court of the Magistrate and no such
person shall be detained in custody beyond the said period without the authority
of a Magistrate. On such production the Magistrate may, after such enquiry as he
thinks fit, order him to be confined in Civil Jail till he discharges the sums or
delivers up the papers or property demanded of him, provided that no such
person shall be so confined for a longer period than one month.] .{Substituted for
the words "apprehended, and may send him with a warrant, in the form of
Schedule C, to be confined in the civil jail till he discharges the sums or delivers
up the papers or property demanded from him: Provided that no person shall be
detained in confinement by virtue of such warrant for a longer period than one
calendar month" by Act No. 1 of 1956}
25. Public moneys may also be recovered as arrears of revenue.
The Deputy Commissioner, of his own motion, if the Officer or other person is or
was serving in his department and district and upon the application of the
Superintendent of Survey if such Officer or person is or was serving in the Survey
Department in his district, may also take proceedings to recover any public
moneys due by him in the same manner and subject to the same rules as are laid
down in this Act for the recovery of the arrears of land revenue from defaulters;
and for the purpose of recovering public papers or other property appertaining
to Government, may issue a search warrant and exercise all such powers with
respect thereto as may be lawfully exercised by a Magistrate under the
provisions of Chapter VII of [the Code of Criminal Procedure, 1898 (Central Act V
of 1898).] {Substituted for the words and figures "the Criminal Procedure Code,
1882" by Act No. 1 of 1956}
It shall be the duty of all persons in possession of such public moneys, papers or
other property appertaining to Government to make over the same forthwith to
the Deputy Commissioner, and every person knowing where any such property
is concealed shall be bound to give information of the same to the Deputy
Commissioner.
26. Surety liable in the same manner as principal.
The surety or sureties of such Officer or other person as aforesaid, who may
enter into a bond in the form of Schedule B, shall be liable to be proceeded
against jointly and severally in the same manner as his or their principal is liable
to be proceeded against in case of default, and notwithstanding such principal
may be so proceeded against:
Provided always that in any case of failure to discharge or make good any sum of
money due to Government or to produce any property of Government of
ascertained value, no greater sum than is sufficient to cover any loss or damage
which the Government may actually sustain by the default of the principal, shall
be recovered from the surety or sureties, as the amount which may be due from
such surety or sureties under the terms of the security bond executed by him or
them.
And provided also that the said surety or sureties shall in no case be liable to
imprisonment in default of producing public papers or property, if he or they pay

into the Government Treasury the whole or such part of the penalty named in the
bond as may be demanded.
27. An Officer or surety in jail may, by furnishing certain security, obtain

his release.
If an Officer or other person as aforesaid, or his surety or sureties, against whom

a demand is made, shall give sufficient security in the form of Schedule D, the
Deputy Commissioner or Superintendent of Survey [or the Magistrate] {Inserted
by Act No. 1 of 1956}, as the case may be, shall cause such Officer or surety if in
custody to be liberated, and countermand the sale of any property that may have
been attached, and restore it to the owner or other person from whose
possession such property may have been seized.
28. Liability of surety not affected by death of principal or by his taking

different appointment.
The liability of the surety or the sureties shall not be affected by the death of a
principal, or by his appointment to a situation different from that which he held
when the bond was executed, but shall continue so long as the principal occupies
any situation in which security is required under Section 22 and until his bond is
cancelled.
The heirs of a deceased Officer shall be bound to deliver to Government all public
money or papers or other Government property which may have come into their
possession or control, and they may be proceeded against in the same manner as
the deceased Officer, if alive, could have been proceeded against:
29. How surety may withdraw from further liability.
Any surety, whether under a separate or joint bond, may withdraw from his
suretyship at any time, on his stating in writing to the Officer to whom the bond
has been given, that he desires so to withdraw; and his responsibility under the
bond shall cease after sixty days from the date on which he gives such writing, as
to all demands upon his principal concerning moneys, papers or other property
for which his principal may become chargeable after the expiration of such
period of sixty days, but shall not cease as to any demands for which his principal
may have become liable before the expiration of such period, even though the
facts establishing such liability may not be discovered till afterwards.
30. Prohibited Acts.
(1) No Revenue Officer shall, except with the express permission of the
Government.
(a) engage in trade, or be in any way concerned, directly or indirectly, either as

principal or agent, in any commercial transaction whatever; or
(b) purchase, or bid for, either in person or by agent or in his own name, or in the
name of another, or jointly, or in shares with others, any property which may,
under the provisions of this Act or of any other law for the time being in force, be
sold by order of any revenue or judicial authority in the district in which such
Officers is at the time employed.
(2) And no Revenue Officer shall.
(a) derive either for himself or for any other individual any profit or advantage
beyond his lawful salary or emolument from any public money or property with
the collection or charge of which he is entrusted or connected; or
(b) demand or receive under the colour or by the exercise of his authority as
such Revenue Officer or by way of gratification or otherwise, or knowingly
permit any other person to demand or receive on his behalf, any sum or any
consideration whatever over and above what he is legally entitled to demand or
receive under the provisions of this Act or of any other law for the time being in
force:
Provided that the restriction mentioned in paragraph (1) of this section shall not
apply.
(a) to a village Officer; or
(b) to a Revenue Officer under the grade of a Taluk Sheristedar who may have
obtained the permission of the Deputy Commissioner or Superintendent of
Survey to whom he may be subordinate, as the case may be, unless such Officers
himself appointed to conduct the sale under paragraph (l)(b).
Chapter IV Of Certain Acts Prohibited to Revenue Officers and of their

Punishment for Misconduct Land Revenue
31. Power of fining, reducing suspending and dismissing in whom to vest.
Subject to rules or orders made under Section 233, all Revenue Officer may be
fined, reduced, suspended or dismissed for any such offence as is described in
the last preceding section, or for any breach of departmental rules or discipline,
or for carelessness, unfitness, neglect of duty, or other misconduct, by the
authority by whom such Officer is appointed, or by any authority superior to
such authority; and this power may be delegated by such first named authority in
whole or in part to any subordinate Officer on the same condition that the power
of appointment may be delegated under Section 20.

32. All such orders to be made in writing.
When any Revenue Officer passes an order for fining, reducing, suspending or
dismissing any subordinate Officer, he shall record such order or cause the same
to be recorded, together with the reasons therefor, in writing under his signature
in the Kanarese language or in English.
An appeal against an order under this section shall lie to the authority
immediately superior to the Officer passing the order, and the decision of such
authority shall be final, except in cases in which the subordinate fined, reduced,
suspended or dismissed is a Taluk Sheristedar or has been drawing a monthly
salary exceeding Rs. 40, in which case there shall be an appeal to [the Revenue
Commissioner.] {Substituted for the word "Government" by Act No. VI of 1906}

33. Fine not to exceed two months' pay.
No fine inflicted under the foregoing provisions shall in any case exceed the
amount of two months' pay of the office held by the offender at the time of the
commission of the offence.

34. And how recovered.
All fines inflicted under this Chapter may be recovered from the Officer's pay, or,
if necessary, may be realized in the same way as arrears of land revenue are
recoverable under this Act.

35. Liability to criminal prosecution not affected.
Nothing in this Chapter shall affect any Officer's liability to a criminal prosecution
for any offence with which he may be charged.
Any Officer subject to such prosecution may be suspended pending the trial, and
at its close may, upon a consideration of the circumstances brought to light
during its course, be suspended, reduced or dismissed by any Competent
Authority, [x x x x x.] {The words "whether he had been found guilty or not" by
Act No. 1 of 1956}

36. Public roads etc., and lands which are not, the property of others,
belong to Government.
All public roads, lanes and paths, the bridges, ditches, dikes and fences, on or
beside the same, the bed of rivers, streams, nalas, lakes and tanks, and all canals,
and water courses and all standing and flowing water, and all lands wherever
situated, which are not the property of individuals, or of aggregates of individuals
legally capable of holding property, and except in so far as any rights of such
individuals may be established in or over the same, and except as may be
otherwise provided in any law for the time being in force, are and are hereby
declared to be, with all rights in or over the same, or appertaining thereto, the
property of Government; and it shall be lawful for the Deputy Commissioner
[subject to the orders of the Revenue Commissioner] {Inserted by Act No. VI of
1906} to dispose of them, in such manner, as may be authorised [by general rules
sanctioned by Government,] {Inserted by Act No. VI of 1906} subject always to
the right of way, and all other rights of the public or individuals legally
subsisting.
CHAPTER V Of Land and Revenue Land Revenue
37. Encroachments upon public roads, streets, etc.
When it is provided on a formal enquiry before the Deputy Commissioner that

any public road, street or thoroughfare, or any place of public resort or use, or
the bed of any river, stream, nala, tank or canal, the property of Government, has
been encroached upon by any person, the Deputy Commissioner may take
possession of the part encroached upon, unless such part is shown to have been
held for a period of not less than twelve years. It shall be lawful for the Deputy
Commissioner to clear such land by the removal of any buildings or other
obstruction, in the event of the person in occupation thereof, or other persons
interested, after written notice of not less than one month shall have been served
upon him, failing to do so himself.
38. Right to metals and minerals to vest in Government.
Unless it is otherwise expressly provided by the terms of any grant made, or of

any other instrument of transfer executed by the Government for the time being,
the right to all precious metals, precious stones, coal and other minerals to be
extracted by any process of mining from any lands whatsoever, shall vest
absolutely in the Government, and the Government shall [subject to the
provisions of Mines and Minerals (Regulation and Development) Act, 1948
(Central Act LIII of 1948)] {Inserted by Act No. 1 of 1956}, have all the powers
necessary for the proper enjoyment or disposal of such rights:
Provided that
(1) Nothing in this section shall be deemed to apply to lime-stone, granite and
such other ordinary minerals as the Government, by notification in the Official
Gazette, may from time to time exempt from the scope of this section;
(2) If, for the purpose of exercising any of the rights referred to in this section
either by the Government or by any person acquiring such rights from the
Government, any land in the holding or enjoyment of others is required, such
land may be acquired in accordance with [the Karnataka Land Acquisition Act,
1894] .{Substituted for the words and figures "the Land Acquisition Act X of
1870" by Act No. 1 of 1956}, and whenever, in the exercise of the rights aforesaid,
any damage be caused to any holder of land by the disturbance of the surface of
such land, and such holder and the Government be unable to agree as to the
amount of compensation to be paid to such holder for such damage, the same
shall be determined in accordance with the procedure prescribed by [the
Karnataka Land Acquisition Act, 1894.] .{Substituted for the words and figures
"the Land Acquisition Act X of 1870" by Act No. 1 of 1956}
[(3) to (7) x x x x x x.] {Clauses (3) to (7) of the proviso omitted by Act No. 1 of
1956}
39. Lands may be assigned for special purposes and where so assigned shall
not be otherwise appropriated without the sanction of Government.
Subject to the general orders of the Government, [it shall be lawful for Survey
Officers] .{Substituted for the words "Revenue Commissioner" by Act No. VII of
1919} whilst survey operations are proceeding under Chapter VIII of this Act and
at any other time for the [Deputy Commissioner] {Substituted for the words
"Revenue Commissioner" by Act No. VII of 1919} to set apart lands, the property
of Government and not in the lawful occupation of any person or aggregate of
persons in unalienated villages or unalienated portions of villages, for free
pasturage for the village cattle, for forest reserves, or for other public or
municipal purpose; and lands assigned specially for. any such purpose shall not
be otherwise appropriated or assigned without the sanction of the [Deputy
Commissioner] {Substituted for the words "Revenue Commissioner" by Act No.
VII of 1919} and in the disposal of land under Section 36, due regard shall be had
to all such special assignments.] {Amended by Act No. VI of 1906}
40. Regulation of use of pasturage.
The right of grazing on free pasturage lands shall extend only to the cattle of the
village or villages to which such lands belong or have been assigned, either by
custom or by an express order of the Survey Officer or the Deputy Commissioner
and shall be regulated by rules to be from time to time, either generally or in any
particular instance, prescribed by the Deputy Commissioner, subject to such
general rules, if any, as may be prescribed by the [Deputy Commissioner]
{Substituted for the word "Government" by Act No. VI of 1906}. The Deputy
Commissioner's decision as to the said right of grazing shall be final.
41. Right to trees in village to which survey settlement has not been
introduced.
(1) In villages or portions of villages to which a survey settlement has not been
introduced under Bombay Act I of 1865 or under Chapter VIII of this Act the right
to all trees, except such as are reserved by Government under any law relating to
forests for the time being in force, shall be deemed to vest in the occupant, if any,
of the land upon which they may be standing except when such trees are the
property of the Government or of individuals, in which case it shall be competent
for Government to transfer the right in question to the occupant under such rules
as the Government may, from time to time, frame in that behalf.
(2) In villages or portions of villages of which the original survey settlement has
been completed before the passing of this Act, the right of Government to all
trees in unalienated land, except trees reserved by Government or by any Survey
Officer, whether by express order made at or about the time of such settlement, o
under any rule or general order in force at the time of such settlement, or by
notification made and published at or any time after such settlement, shall be
deemed to have been conceded to the occupant.
(3) In the case of villages or portions of villages of which the original survey
settlement shall be completed after the passing of the Act, the right of
Government to all trees in unalienated land shall be deemed to be conceded to
the occupant of such land, except in so far as any such rights may be reserved by
Government, or by any Survey Officer on behalf of Government, either expressly
at or about the time of such settlement, or generally by notification made and
published at any time previous to the completion of the survey settlement of
such village or portion of a village.
(4) When permission to occupy land has been, or shall hereafter be, granted after
the completion of the survey settlement of the village, or portion of village, in
which such land is situate, the said permission shall be deemed to include the
concession of the right of Government to all trees growing on that land which
may not have been, or which shall not hereafter be, expressly reserved at the
time of granting such permission, or which may not have been reserved under
any of the foregoing provisions of this section, at or about the time of the original
survey settlement of the said village or portion of a village.
42. Government trees and forests.
The right to all trees specially reserved under the provisions of the last preceding
section, and to all trees, brushwood, jungle or any other natural product,
wherever growing, except in so far as the same may be the property of
individuals or of aggregates of individuals capable of holding property, vests in
the Government; and such trees, brushwood, jungle or other natural product
shall be preserved or disposed of in such manner as Government may, from time
to time, direct.
43. Road-side trees.
All road-side trees which have been planted and reared by or under the orders
of, or at the expense of, Government or at the expense of local funds, vest in
Government. But in the event of such trees dying, being blown down, or being cut
down by order of the Deputy Commissioner, the timber shall become the
property of the holder of the land in which they were growing; and the usufruct,
including the lopping of such trees, shall also vest in the said holder, provided
that the trees shall not be lopped, except under the orders of the Deputy
Commissioner.
If the holder of any land in which such trees are growing shall so desire and shall
make an application to the Deputy Commissioner for the purpose at any time
within two years from the date on which this Act shall come into operation, the
Deputy Commissioner shall deduct the strip of land covered by the said trees
from his holding and remit thenceforward the proportionate amount of land
revenue due upon the strip so deducted. Any strip of land so deducted shall, with
the trees upon it, vest thereafter in Government.
44. Recovery of value of trees, etc., unauthorisedly appropriated.
Any person who shall authorizedly fell and appropriate any trees or any portion
thereof, or remove any other natural product which is the property of
Government, shall be liable to Government for the value thereof, which shall be
recoverable from him as an arrear of land revenue, and shall also be liable to a
fine not exceeding one hundred rupees, provided that the Deputy Commissioner
may, instead of imposing a fine as aforesaid, institute criminal proceedings
against him in respect of his said appropriation of Government property.
The decision of the Deputy Commissioner as to the value of such tree or portion
thereof or other natural product shall be final.
45. All land liable to pay revenue unless specially exempted.
All land, whether applied to agricultural or other purposes, and wherever situate,
is liable to the payment of land revenue to Government according to the rules
hereinafter enacted, except such as may be wholly exempted under the
provisions of any special contract with the Government or any law for the time
being in force.
46. Liability of alluvial lands to land revenue.
All alluvial lands, newly formed islands or abandoned river-beds, which vest
under any law for the time being in force, in any holder of alienated land, shall be
subject, in respect of liability to the payment of land revenue, to the same
privileges, conditions or restrictions as are applicable to the original holding in
virtue of which such lands, islands, or river-beds, so vest in the said holder; but
no revenue shall be leviable in respect of any such lands, islands or river-beds,
until or unless the area of the same exceeds half an acre and also exceeds one-
tenth of the area of the said original holding.
47. Remission of assessment in cases of diluvian.
Every holder of land paying revenue in respect thereof shall be entitled, subject
to such rules as may be from time to time made in this behalf by the Government,
to a decrease of assessment if any portion thereof, not being less than half an
acre in extent, nor less than one-tenth of the holding, is lost by diluvian.
48. Land Revenue upon what descriptions of land chargeable.
The land revenue leviable under the provisions of this Act shall be chargeable.
(a) upon land appropriated for purposes of agriculture;
(b) upon land from which any other profit or advantage than that ordinarily
acquired by agriculture is derived;
(c) upon land appropriated for building sites.
And the assessment fixed under the provisions of this act upon any land
appropriated for any one of the above purposes shall be liable to be altered and
fixed at a different rate when such land is appropriated for any other purpose,
notwithstanding that the term, if any, for which such assessment was fixed may
not have expired.
When any land which is situated in an unalienated village, or which, being

situated in an alienated village, is excluded from the assets thereof, has been
allowed by Government to be held free of assessment or on a reduced
assessment on conditions of it being appropriated to one purpose, it shall
become liable to be charged with full assessment, if at any time it ceases to be
appropriated for such purpose.
It shall also be lawful for the Deputy Commissioner or for a Survey Officer,
subject to rules or orders made in this behalf under Section 233, to prohibit the
appropriation of any unalienated land liable to the payment of land revenue for
certain purposes, and summarily evict any holder who may appropriate, or
attempt to appropriate, the same to such prohibited purposes.
49. Commuted assessment of land indirectly taxed to the State.
(1) When it has been customary to levy any special or extra cess, fine or tax,
however designated, from any holder of land, which, though nominally wholly or
partially exempt from the payment of land revenue, has, by the exaction of such
cess, fine or tax, been indirectly taxed to the State; or
When any land ordinarily, or under certain circumstances, wholly or partially

exempt from assessment, is subject occasionally, or under particular
circumstances, to the payment of assessment, or of any cess, or tax, however
designated;
the said assessment, cess, fine, or tax may be commuted into an annual
assessment on the land to be paid under all circumstances; but such commuted
assessment shall not exceed such amount as the [Revenue Commissioner]
{Substituted for the word "Government" by Act No. VI of 1906} shall deem to be a
fair equivalent of the assessment, cess, fine or tax for which it is substituted, and
shall not be in excess of the assessment to which the land would be ordinarily
subject if no right to exemption existed in respect thereof.
(2) Whenever any such cess, fine or tax hitherto payable by an inferior holder
shall be made leviable from the superior holder, it shall be lawful for such
superior holder to recover from such inferior holder the amount of the
commuted assessment fixed in lieu of such cess, fine or tax.
(3) When it has been customary to levy a larger revenue upon any portion of
land than such portion would ordinarily be liable to, in consideration of other
fend being held with it, which is wholly or partially exempt from payment of
revenue, the excess of revenue payable on the said portion of land may be
charged upon the land hitherto held, wholly or partially exempt.
50. Assessment by whom to be fixed.
On all lands not wholly exempt from payment of land revenue, and not within the
local operation of an order made under Section 106, the assessment of the
amount to be paid as land revenue shall be fixed at the discretion of the Deputy
Commissioner, subject to rules or order made in this behalf under Section 233,
and the amounts due according to such assessment shall be levied on all such
lands:
Provided that in the case of lands partially exempt from land revenue, or the
liability of which to payment of land revenue is subject to special conditions or
restrictions, respect shall be had, in the fixing of the assessment and the levy of
the revenue, to all rights legally subsisting, according to the nature of the said
rights.
51. Register of alienated lands.
A register shall be kept by the Deputy Commissioner in such form as may, from
time to time, be prescribed by the Government, of all lands the alienation of
which has been established or recognised under the provisions of any law for the
time being in force; and when it shall be shown to the satisfaction of the Deputy
Commissioner that a sannad granted in relation to any such alienated lands has
been permanently lost or destroyed, he may, subject to the rules and the
payment of the fees prescribed by the Government under Section 232, grant to
any person whom he may deem entitled to the same, a certified extract from the
said register which shall be endorsed by the Deputy Commissioner to the effect
that it has been issued in lieu of the sannad said to have been lost or destroyed,
and shall be deemed to be as valid a proof of title as the said sannad.
52. Settlement of assessment to be made with the holder directly from

Government.
The settlement of the assessment of each portion of land, or survey number, to

the land revenue, shall be made with the person who, under Section 142, is
primarily responsible to Government for the same.
If the said person be absent and have left no known authorized agent in the
District, so that the settlement of the assessment cannot be concluded with him,
such settlement may be made with the person holding under him, or in
occupation of the land.
53. Rates for the use of water.
The Government may authorize the Deputy Commissioner or the Officer-in-

charge of a survey, or such other Officer as it appoints to fix such rates as it may,
from time to time, deem fit to sanction for the use, by landholders and other
persons, of water the right to which vests in Government, or which has been
made available in consequence of the construction, improvement or repair of any
irrigational or other work by Government [or by a private person acting under
the written authority of Government.] .{Inserted by Act No. I of 1891} Such rates
shall be liable to revision at such periods as Government shall from time to time
determine, and shall be recoverable as land revenue.
54. Land revenue a paramount charge on the land.
[Arrears of land revenue due on account of land by any landholder shall be a

paramount charge on the holding and every part thereof, failure in payment of
which shall make the occupancy or alienated holding, together with all rights of
the occupant or holder over all trees, crops, buildings and things attached to the
land, or permanently fastened to anything attached to the land, liable to
forfeiture, whereupon the Deputy Commissioner, may levy all sums in arrear by
sale of the occupancy or alienated holding, or may otherwise dispose of such
occupancy or alienated holding under rules or orders made in this behalf under
Section 233, and such occupancy or alienated holding when disposed of, whether
by sale as aforesaid, or by transfer to another persons or otherwise howsoever,
except by restoration to the defaulter, shall, unless the Deputy Commissioner,
otherwise directs, be deemed to be freed from all tenures, rights, incumbrances
and equities theretofore created by the occupant or holder or any of his
predecessors in title or in any wise subsisting as against such occupant or
holder,] .{Substituted by Act No. VIII of 1916} [but so as not to affect the rights of
kadim tenants or permanent tenants in alienated holdings.] {Added by Act No.
XVII of 1928}
55. Forfeited holding may be taken possession of and otherwise disposed

of.
It shall be lawful for the Deputy Commissioner, in the event of the forfeiture of a
holding through any default in payment or other failure occasioning such
forfeiture under the last preceding section or any law for the time being in force,
to take immediate possession of the land embraced within such holding, and to
dispose of the same by placing it in the possession of the purchaser or other
person entitled to hold it according to the provisions of this Act or any other law
for the time being in force.
56. Receipts to be granted by Revenue Officers for payments of land

revenue.
Every Revenue Officer, receiving payment of land revenue shall give a written
receipt for the same.
And every superior holder of an alienated village or of an alienated share of a

village, or a duty authorized agent of such superior holder, shall give a written
receipt for every payment of rent or land revenue made to him by an inferior
holder.
57. Penalty for failure to grant receipts.
Any person convicted of a breach of the provisions of the last preceding section,
after summary enquiry before the Deputy Commissioner, shall be liable to a fine
not exceeding three times the amount received for which receipt was not duly
granted.
58. Written permission of Amildar required previous to taking up

unoccupied land.
Any person desirous of taking up unoccupied land which has not been alienated
must, previously to entering upon occupation, obtain the permission in writing of
the Amildar or Deputy Amildar, or as may be provided under rules made in this
behalf under Section 233.
CHAPTER VI Of the Occupation of Unalienated Land and the Rights of Occupants

Occupation Land Revenue
59. Penalties for unauthorised occupation of land.
Any person who shall unauthorizedly occupy any land set apart for any special
purpose, or any unoccupied land which has not been alienated, shall,
if the land which he unauthorizedly occupies forms part of an assessed survey

number, pay the assessment of the entire number for the whole period of his
occupation; and
if the land so occupied by him has not been assessed, such amount of assessment
as would be leviable for the said period in the same village on the same extent of
similar land appropriated to the same purpose;
and shall also be liable, at the discretion of the Deputy Commissioner, to a fine
not exceeding five rupees, or a sum equal to ten times the amount of assessment
payable by him for one year, if such sum be in excess of five rupees, if he has
taken up the land for purposes of cultivation, and not exceeding such limits as
may be fixed in rules or orders made in this behalf under Section 233 if he have
appropriated it to any non-agricultural purpose.
The Deputy Commissioner's decision as to the amount of assessment payable for

the land unauthorizedly occupied, shall be final, and in determining the amount
of assessment payable for the land unauthorizedly occupied, occupation for an
incomplete portion of a year shall be counted as for a whole year.
The person unauthorizedly occupying any such land may be summarily evicted
by the Deputy Commissioner, and any crops he may have raised on the land shall
be liable to forfeiture, and any building or other construction he may have
erected thereon shall also, if not removed by him after such written notice as the
Deputy Commissioner may deem reasonable, be liable to forfeiture.
Forfeiture under this section shall be adjudged by the Deputy Commissioner, and
any property so forfeited shall be disposed of as the Deputy Commissioner may
direct.
[On the application of the holder of an alienated village or on complaint by any

aggrieved person, the Deputy Commissioner may exercise in respect of any lands
situated in the alienated village the powers vested in him under this section.]
{Added by Act No. XVII of 1928}

60. Occupancy rights to be paid for and to be liable to certain conditions.
It shall be competent to the Deputy Commissioner, subject to such orders as may

from time to time be made by the Government, to require the payment of a
certain price for the occupancy, or to sell that right by auction, and to annex such
conditions to the occupancy as may seem fit, before permission to occupy is
granted under Section 58.
The price of an occupancy shall, unless otherwise directed by the terms of the
sale, include the price of the Government right to all trees not reserved under the
provisions of Section 41 and shall be recoverable as an arrear of land revenue.

61. Occupancy of alluvial land which vests in Government.
When it appears to the Deputy Commissioner that the occupancy of any alluvial
land which vests, under any law for the time being in force, in Government, may,
with due regard to the interests of the public revenue, be disposed of in
perpetuity, or otherwise as the Government may direct by rules or orders made
in this behalf under Section 233, he shall offer the prior right of occupancy
thereof to the occupant, if any, of the bank or shore on which such alluvial land
has formed.
The price of an occupancy so offered shall not exceed three times the annual
assessment of the land of which the occupancy is offered.
If the said occupant shall refuse such occupancy, the Deputy Commissioner may
dispose of the same under the last preceding section without any restrictions as
to the price thereof.

62. Temporary right to alluvial land of small extent.
When alluvial land forms on any bank or shore, the occupant, if any, of such bank
or shore shall be entitled to the temporary use and occupation thereof, unless or
until the area of the same exceeds half an acre, and also exceeds one-tenth of the
area of his holding. When the area of the alluvial land exceeds the said extent, it
shall be at the disposal of the Deputy Commissioner, subject to the provisions of
the last preceding section.
The word "holding", in this section and in Section 47 shall be deemed to mean a
survey number, or any division of land on which a distinct or aggregate
assessment has been fixed.

63. Uses to which occupant of land for purposes of agriculture may put his
land.
(1) An occupant of land appropriated for purposes of agriculture is entitled, by

himself, his servants, tenants, agents, or other legal representatives, to erect
farm-buildings and dwelling houses for agriculturists and their labourers,
construct wells or tanks, or make any other improvements thereon for the better
cultivation of the land or its more convenient occupation for the purposes
aforesaid.
(2) But if any occupant wishes to appropriate his holding or any part thereof to
any other purpose, the Deputy Commissioner's permission shall, in the first
place, be applied for by the registered occupant. The Deputy Commissioner, on
receipt of such application, shall at once furnish the applicant with a written
acknowledgement of its receipt, and, after inquiry, either grant or refuse the
same, but if the applicant receives no answer within three months from the date
of the said acknowledgement, the Deputy Commissioner's permission may be
deemed to have been granted. Unless the Deputy Commissioner shall, in
particular instances, otherwise direct, no such application shall be recognized,
except it be made by the registered occupant.
(3) When any such land is thus appropriated to any purpose unconnected with
agriculture, it shall be lawful for the Deputy Commissioner, subject to general
orders of Government, to require the payment of a fine in addition to any new
assessment which may be leviable under the provisions of Section 48.

Occupation Occupant's Rights
64. Penalty for so appropriating land without permission.
If any such land be so appropriated without the permission of the Deputy

Commissioner being first obtained or before the expiry of three months from the
date of the said acknowledgement, the occupant and any tenant or other person
holding under or through him shall be liable to be summarily evicted by the
Deputy Commissioner, from the land so appropriated, or from the entire field or
survey number of which it may form a part, and the registered occupant shall
also be liable to pay, in addition to the new assessment which may be leviable
under the provisions of Section 48, for the period during which the said land has
been so appropriated, such fine as the Deputy Commissioner may, subject to the
general orders of the Government, direct.
Any co-occupant or any tenant of any occupant, or any other person holding
under or through an occupant, who shall, without any registered occupant's
consent, appropriate any such land to any such purpose and thereby render the
said registered occupant liable to the penalties aforesaid, shall be responsible to
the said registered occupant in damages:
Provided that the Deputy Commissioner may, instead of fining the registered
occupant as Aforesaid, fine any co-occupant or any tenant of any occupant, or any
other persons holding under or through an occupant, who may have, without the
registered occupant's consent, appropriated any such land to any such purpose
as aforesaid.

64-A. Deputy Commissioner's powers under Sections 63 and 64 in alienated

villages.
The Deputy Commissioner may also exercise the powers under Section 63 and
Section 64, in respect of land in an alienated village on the application of the
holder thereof and in the case of villages to which Section 99(d) of the said Code
does not apply, also on the application of the tenant of the land.] {Added by Act
No. XVTI of 1928}

65. Permission may be granted on terms.
Nothing in the last two preceding sections shall prevent the granting of the
permission aforesaid in special cases on such terms as may be agreed on
between Government and the registered occupant.

66. Occupants' rights are conditional.
An occupant is entitled to the use and occupation of his land for the period, if any,
to which the occupancy is limited, or, if the period is unlimited, in perpetuity,
conditionally on the payment of the amounts due on account of the land revenue
for the same according to the provisions of this Act, or of any rules made under
this Act, or of any other law for the time being in force, and on the fulfilment of
any other terms lawfully annexed to his occupancy.

66-A. Deputy Commissioner's power to grant permission to occupy land

temporarily.
(1) It shall be lawful for the Deputy Commissioner at anytime to grant

permission to any person to occupy unalienated unoccupied land for such
purposes, for such period and on such conditions as he may, subject to rules
made by Government in this behalf, prescribe, and in any such case the
occupancy shall, whether a survey settlement has been extended to the land or
not, be held only for the period and subject to the conditions so prescribed.
(2) Whenever any person occupying or in possession of any land granted under
this section fails to comply with any of the conditions so prescribed, such person
may be evicted by the Deputy Commissioner, after a summary inquiry.

66-B. Transfer of occupancy without Deputy Commissioner's sanction.
In any case where an occupancy is not transferable without the previous

sanction of the Deputy Commissioner, and such sanction has not been granted to
a transfer which has been made or which is ordered by a Civil Court or on which
the Court's decree or order is founded.
(a) such occupancy shall not be liable to the process of any Court, and such
transfer shall be null and void; and
(b) the Court, on receipt of a certificate under the hand and seal of the Deputy
Commissioner to the effect that any such occupancy is not transferable without
his previous sanction and that such sanction has not been granted, shall remove
any attachment or other process placed on, or set aside any sale of, or affecting,
such occupancy.] {Added by Act No. XVII of 1928}

67. Decree or order of Competent Court to be given effect to.
If, by a decree or order of a Competent Court, it shall be adjudged that the

occupant of any land is an inferior holder under another person, or that the
occupancy is vested in another person, or if in the execution of such a decree or
order the interests of the occupant in the land have been transferred by sale or
otherwise to another person, such other person shall, on producing a certified
copy of the decree or order, or the Court's certificate of the sale, or other transfer,
be deemed to be the occupant and be dealt with accordingly, and on written
application being made to the Deputy Commissioner for the purpose, such
change shall be made in the entry of the registered occupant's name as the
circumstances require.

68. Name of heir to be registered when registered occupant dies.
On the death of a registered occupant, the Deputy Commissioner shall cause the
name of his eldest son, or other person appearing to be his heir or the principal
of his heirs, to be registered in his stead, and the said heir shall thereafter be
deemed the registered occupant, and, subject to the provisions of the last
preceding section, shall be dealt with accordingly.

69. When entry to be amended.
If at any time any person shall, by production of a certificate of heirship or of a

decree or order of a Competent Court, satisfy the Deputy Commissioner that he is
entitled to be the registered occupant in preference to the person whose name
the Deputy Commissioner has ordered to be registered under Section 68, the
Deputy Commissioner shall cause the entry in the Government records to be
amended accordingly.

70. Right of occupancy to be transferable and heritable.
The right of occupancy shall be deemed an heritable and transferable property

subject to the provisions contained in Section 54, or otherwise prescribed by law,
and shall immediately pass to the person whose agreement to become an
occupant shall have been accepted by the Deputy Commissioner.

71. Occupant may relinquish his occupancy.
An occupant may, by giving written notice to the Amildar or Deputy Amildar,

relinquish his occupancy, either absolutely or in favour of a specified person:
provided that such relinquishment apply to the entire occupancy or to whose
survey numbers, or recognized shares of survey numbers.
An occupancy absolutely relinquished shall be at the disposal of Government,

and shall be disposed of by the Deputy Commissioner in accordance with such
rules as may, from time to time, be framed by Government in that behalf.
An absolute relinquishment shall, unless otherwise directed by any special or

general rules framed by Government, be deemed to have effect from the close of
the current revenue year, and notice thereof must be given before the 31st March
in such year, or before such other date as may be, from time to time, prescribed
in this behalf for each district by the Government. A relinquishment in favour of a
specified person may be made at any time.
When there are more occupants than one, the notice of relinquishment must be
given by the registered occupant; and the person, if any, in
whose favour an occupancy is relinquished, or, if such occupancy is relinquished

in favour of more persons than one, the principal of such persons, must enter
into a written agreement to become the registered occupant, and his name shall
thereupon be substituted in the records for that of the previous registered
occupant.

Occupation Relinquishment of Occupancy
72. Relinquishment of lands paying a lump assessment.
When a lump assessment is fixed upon several fields or survey numbers in the
aggregate, it shall not be lawful for the occupant to relinquish as aforesaid any
one or more of such fields or survey numbers except with the previous consent
of the Deputy Commissioner. It shall be competent to the Deputy Commissioner
to grant or refuse his consent; if he grants it, the occupancy shall be divided, and
the Deputy Commissioner, shall determine the proportional amount of land
revenue to be paid by each portion of it and the original occupant and the person,
if any, in whose favour he relinquishes a portion of his occupancy, shall be held
liable for the revenue severally assessed on their portions.

73. Relinquishment of alienated land.
The provisions of the last two sections shall apply, as far as may be, to the
holders of alienated land:
Provided.
(a) that it shall not be lawful to relinquish as aforesaid any portion of any land
held wholly or partially exempt under the circumstances described in the first
paragraph of Section 49 until the commuted assessment payable in respect of
such portion of land has been determined under the provisions of the said
section; and
(b) that if any person relinquishes land on which, under the circumstances
described in Section 49, a larger revenue is levied than would ordinarily be
leviable on such land, he shall be deemed to have relinquished also the land held
with it which is wholly or partially except from payment of revenue.

74. Right of way to relinquished land.
If any person relinquishes land, the way to which lies through other land which
he retains, the right of way through the land so retained shall continue to the
future holder of the land relinquished.

75. Sections 72 and 73 not to operate in certain cases.
Nothing in Sections 72 and 73 shall affect.
(a) the responsibility of any share in a village for the land revenue of which the
shares are all according to law or the custom of the village, jointly responsible, or
(b) the validity of the terms or conditions of any lease or other express
instrument under which land is, or may hereafter be, held from Government.

76. Occupant or holder to continue liable for all demands until the
occupancy or holding is duly relinquished or transferred.
The registered occupant or the holder of alienated land shall continue liable for
the land revenue due on the occupancy or alienated holding and for all other
lawful demands of Government in respect of the same, until such rime as the
occupancy or alienated holding is relinquished or transferred, under any of the
provisions of this Act, to the name of any other person; and the Deputy
Commissioner shall not be bound in any case to recognize any person to whom
any interest in any portion of an occupancy or alienated holding has been
assigned, unless the transfer has been recorded in the Revenue Records in
accordance with the foregoing provisions.

77. To prevent forfeiture of occupancy, certain persons other than the

registered occupant may pay the land revenue.
In order to prevent the forfeiture of an occupancy or alienated holding under the

provisions of Section 54 or of any other law for the time being in force, through
non-payment, by the registered occupant or by the holder of the alienated
holding, of the land revenue due on account of the occupancy or alienated
holding, it shall be lawful for any co-occupant, co-holder, co-sharer, tenant,
mortgagee or other person interested in the continuance of the occupancy or
alienated holding, to pay, on behalf of such registered occupant or holder, all
sums due on account of land revenue, and for the Deputy Commissioner to
receive the same.
And in any such case, the Deputy Commissioner may give to the person who has
paid the land revenue as aforesaid such aid for the recovery of the proportional
amounts which he may consider to be properly payable by other persons in
occupation or enjoyment of parts of a field or survey number or alienated
holding as he might legally have given had the persons so paying been the
registered occupants or holders of alienated holdings:
Provided that nothing authorized or done under the provisions of this section
shall affect the rights of the parties interested as the same may be established in
any suit between such parties in a Court of competent jurisdiction.

Occupation Remedies against Forfeiture of Occupancies and Alienated Holdings
78. Deputy Commissioner may in certain cases make co-occupant or other

person registered occupant instead of selling occupancy for realization of
land revenue.
If it shall appear to the Deputy Commissioner that a registered occupant or

holder of an alienated holding has failed to pay land revenue, and has thus
incurred forfeiture with a view to injure or defraud his co-occupants, co-holders,
co-sharers or other persons interested in the continuance of the occupancy or
alienated holding, or that a sale of the occupancy or alienated holding will
operate unfairly to the prejudice of such co-occupants co-holders, co-sharers or
other persons, it shall be lawful for him, instead of selling the occupancy or
alienated holding, to forfeit only the interest in the same of the said registered
occupant or holder of alienated holding, as the case may be, and to substitute the
name of any such co-occupant, co-holder, co- sharer, or other person as
registered occupant or holder thereof in the revenue records, on his payment of
all sums due on account of land revenue for the occupancy or alienated holding;
and such person so becoming the registered occupant or holder shall have the
rights and remedies with respect to all other persons in occupation or enjoyment
provided for by Section 97.

Occupation Remedies against Forfeiture of Occupancies and Alienated Holdings
79. Amount of rent payable by tenant.
A person placed, as tenant, in possession of land by another, or, in that capacity,

holding, taking or retaining possession of land permissively from or by
sufferance of another, shall be regarded as holding the same at the rent, or for the
services, agreed upon between them; or, in the absence of satisfactory evidence
of such agreement of the rent payable or services renderable by the usage of the
locality, or, if there be no such agreement or usage, shall be presumed to hold at
such rent as, having regard to all the circumstances of the case, shall be just and
reasonable.
And, where, by reason of the antiquity of a tenancy, no satisfactory evidence of its

commencement is forthcoming, and there is not any such evidence of the period
of its intended duration, if any, agreed upon between the landlord and tenant, or
those under whom they respectively claim title, or any usage of the locality as the
duration of such tenancy, it shall, as against the immediate landlord of the tenant,
be presumed to be co-extensive with the duration of the tenure of such landlord
and of those who derive title under him.
[Explanation.
In the following cases, such a presumption shall be raised.
(1) where the tenant has been recognised as a permanent tenant by the landlord
or by a Court in a suit to which the landlord was a party;
(2) where a tenant holds land in respect of which any alienation has been
recognised by the landlord or by a Court in a suit to which the landlord was a
party or where the alienation has not been contested by the landlord for twelve
years from the date of the service of notice of alienation to the landlord;
(3) where for the better cultivation of the holding the tenant has made
permanent improvements thereon to the knowledge of the landlord and has
been in undisturbed possession of the holding continuously for twelve years
thereafter: provided that the landlord has made no contribution for such
improvements nor recovered enhanced rent from the tenant nor given any notice
in writing to the tenant that such improvements would not create any new
rights;
(4) where, in the absence of a contract regarding the nature and duration of the
tenancy, the tenant has established that he has been in continuous possession on
payment of fixed rent for a period of [twelve] {Substituted for the word "twenty"
by Act No. XVII of 1939} years or more.] {Added by Act No. XVII of 1928}
And where there is no satisfactory evidence of the capacity in which a person in

possession of land in respect of which he renders service or pays rent to the
landlord, receives, holds or retains possession of the same, it shall be presumed
that he is in possession as tenant.
Nothing contained in this section shall affect the right of the landlord (if he have
the same either by virtue of agreement, usage or otherwise) to enhance the rent
payable, or services renderable, by the tenant, or to evict the tenant for .non-
payment of the rent or non-rendition of the services, either respectively
originally fixed or duly enhanced as aforesaid.
CHAPTER VII Of Superior and Inferior Holders Tenancy Remedies against

Forfeiture of Occupancies and Alienated Holdings
80. Annual tenancy terminates on 31st March.
An annual tenancy shall, in the absence of proof to the contrary, be presumed to

run from the end of one cultivating season to the end of the next. The cultivating
season may be presumed to end on the 31st March.
An annual tenancy shall, in the absence of any special agreement to the contrary,
require for its termination a notice given in writing by the landlord to the tenant
or by the tenant to the landlord at least three months before the end of the year
of tenancy at the end of which it is intimated that the tenancy is to cease. Such
notice may be in the form of Schedule E or to the like effect.

81. Landlord to furnish tenant with written lease.
Every tenant is entitled to receive from his landlord a written lease containing
the following particulars.
(a) the quantity and description of land held by him, and where the fields have
been numbered in the records of a Government survey or other public record,
the number of each field;
(b) the amount of annual rent, if any, payable for such land;
(c) the instalments in which, and the dates on which, such rent is to be paid;
(d) any special conditions of the lease; and
(e) if the rent is payable in kind, the quantity or the share of produce to be
delivered; and the time, manner and place to delivery.

82. Landlord entitled to written engagement from tenant.
Every landlord who grants a lease is entitled to receive a written reciprocal

engagement from the tenant, executed by the tenant and in conformity with the
terms of the lease. The tender to any tenant of a lease such as he is entitled to
receive shall entitle the landlord to receive a reciprocal engagement from such
tenant.

83. Leases or agreements fixing rent in perpetuity.
(1) Notwithstanding anything contained in Section 79, where, before the passing
of this Act, any lease has been granted or any agreement entered into fixing in
perpetuity the rent of unalienated land, such lease or agreement shall, when the
Government revenue payable in respect of such land is enhanced, be voidable at
the option of the landlord, unless the tenant agrees to pay such rent as the
Deputy Commissioner or other person duly empowered in this behalf may, on
the application of the landlord, determine to be fair and reasonable.
(2) When the Government revenue payable in respect of such land is reduced,
such rent as the Deputy Commissioner or other person duly empowered in this
behalf may, on the application of the tenant, determine to be fair and reasonable,
shall be accepted by the landlord.
(3) The determination of the amount of rent under this section shall be such that
the net profits accruing to the landlord therefrom are the same as before the
enhancement or reduction of the Government revenue.

84. "Kadim tenant" defined.
A tenant holding alienated land, whether situated in an alienated village or not,

and paying to the superior holder of such land, by way of land revenue, a rent in
money or in kind assessed at rates of land revenue assessment obtaining at the
time when such land was alienated by Government, or at rates subsequently
fixed in accordance with the established rates of land revenue assessment for the
village, or at rates fixed by competent revenue authority or by a survey
settlement, shall have a right to continue to hold such land at the rent hitherto
paid for it, or, when such rent is altered in accordance with this Act, at the rent so
altered.
Such a tenant shall be called a "kadim tenant'.
The payment of rent by the person or persons from whom a kadim tenant
derives his title shall be the payment of rent by such tenant within the meaning
of this section.
A kadim tenant shall have all rights which are conferred by this Act upon an
occupant of unalienated land.
CHAPTER VII Of Superior and Inferior Holders Tenancy Rights of Tenants m

Alienated Land
85. Superior holder may arrange his own terms of rent for alienated waste
land.
In the case of alienated lands which are either immemorial waste lands or lands
left unoccupied through voluntary relinquishment or otherwise, it shall be lawful
for the superior holder, by means of a written agreement to arrange his own
terms of rent with the applicants for such lands:
Provided that nothing in this section shall affect any special rights which, by law
or usage having the force of law, are held by any individual or class of individuals
in such waste or unoccupied lands.

Alienated Land
86. Extent to which rent payable by a Kadim tenant may be enhanced.
The rent payable by a kadim tenant shall not be liable to enhancement except.
(a) to the extent of the proper full assessments as fixed and recorded at a survey
under Sections [111 and 120] {Substituted for the word and figures "111, 120
and 236" by Act No. XVII of 1939} or under a revision of survey under Section
115;
(b) to the extent necessary for reimbursing the superior holder for any cesses
assessable on lands which Government may newly impose upon him;
(c) to the extent of the additional value imparted to the holding by any work of
irrigation or other improvement executed at the expense of the superior holder,
or to the extent of any additional tax which he has been required to pay to
Government by reason of the additional value imparted to the holding, whether
by the use of Government water, or by any work of irrigation or other
improvement executed at the expense of Government:
Provided that the enhancement of rent due to additional value imparted to a

holding under this section shall be fixed in accordance with the established local
usage of the village, or, where there is no such local usage, in accordance with
rates of assessment prevailing in neighbouring villages as regards lands,
alienated or unalienated, of similar quality with similar advantages; and
(d) to the extent of the increased area of the holding due to alluvion, but subject
to the conditions specified in Sections 46 and 62.

Alienated Land
87. Grounds for abatement of rent payable by a kadim tenant.
The rent payable by a kadim tenant is liable to abatement.
(1) on the ground that the area of the land held by him has been diminished by
diluvion or otherwise, by any cause beyond his control;
(2) to the extent of any reduction of assessment at a survey or revision of survey

under Sections [111, 115 and 120;] {Substituted for the word and figures "111, ]
15,120 and 236" by Act No. XVII of 1939}
(3) when there has been an enhancement of rent on any of the grounds specified
in clauses (b) and (c) of Section 86, to the extent to which such grounds have
ceased to exist, as well as to the extent to which the holding has deteriorated in
value, by reason of the superior holder's neglect to repair or maintain irrigation
works and the consequent diminution of the supply of water for irrigation
purposes.

Alienated Land
[87-A. Provision for remission of rent or land revenue payable by a kadim

tenant in an alienated village.
When owing to inadequate rainfall in any tract, the Government orders

remission of assessment in respect of lands in the tract, the payment of the rent
or land revenue by a kadim tenant to the superior holder in respect of a land in
any alienated village comprised in such tract shall be remitted to an amount
prescribed by rules by the Government, and the loss of rent or land revenue
incurred by the said superior holder shall be divided between the Government
and the said superior holder in the proportion of the land revenue payable by the
said superior holder to the Government and the total assessment of the village
less than the land revenue payable by the said superior holder to the
Government.] {Added bv Act No. XVII of 1939}

Alienated Land
88. Suit for enhancement or abatement of rent to be made to Deputy

Commissioner.
Any person entitled to have rent enhanced or abated upon any of the grounds
specified in Sections 83, 86 and 87 may bring a suit before the Deputy
Commissioner within whose district the land on account of which such rent is
payable is situated, and such Deputy Commissioner shall decide the suit after
holding a formal enquiry.

Alienated Land
89. Nothing in Sections 84 to 87 to bar the enhancement or abatement of

rent by written agreement of landlord and tenant.
Notwithstanding in anything contained in Sections 84 to 87 (both inclusive), an

enhancement li or abatement of rent payable by a kadim tenant may be effected
by agreement in writing between tenant and landlord duly registered in
accordance with the provisions of any law for the time being in force relating to
the registration of assurances, and Civil Courts may take cognizance of suits
based upon such agreement.

Alienated Land
90. Operation of decision for enhancement or abatement of rent from what

date to commence.
Every decision for enhancement or abatement of rent passed by the Deputy

Commissioner under Section 88 shall, except when such decision otherwise
expressly directs, take effect from the commencement of the revenue year next
following the date of the filing of the suit.

Alienated Land
91. Terms of kadim tenant's leases.
Kadim tenants are entitled to receive leases at the rate hitherto paid by them or
determined in accordance with the provisions of Section 88.
All other tenants are entitled to leases on such terms as may be agreed upon
between them and their landlords.

Alienated Land
92. On refusal of superior holder, tenant to apply to Deputy Commissioner

for lease.
When any superior holder of alienated land shall, for three months after demand,
have refused to grant such lease as his tenant was entitled to receive, it shall be
lawful for the latter to proceed by filing a suit before the Deputy Commissioner,
who shall, after a formal enquiry decide the terms of the lease to which the
tenant is entitled, and direct the superior holder to grant him such lease, and
shall further award to the tenant such costs and damages as may be shown to
have been incurred by him.

Alienated Land
93. On refusal of tenant to accept lease or to execute reciprocal

engagement, superior holder to apply to Deputy Commissioner.
When any tenant holding alienated land shall, for one month after demand, have
refused to accept such a lease as the superior holder of such land was entitled to
grant, or to execute a reciprocal engagement under Section 82, it shall be lawful
for the superior holder to proceed by a suit before the Deputy Commissioner to
enforce the acceptance of such lease. The Deputy Commissioner shall thereupon
hold a formal enquiry to determine whether the lease offered is a proper one.
If he shall be of opinion that the lease is a proper one, he shall pass a decision
directing the tenant to accept the lease and to execute a reciprocal engagement in
accordance with it. If the Deputy Commissioner shall be of opinion that the lease
offered is not a proper one, he shall decide what lease ought to be offered and
shall pass a decision directing the tenant to accept such lease and to execute a
reciprocal engagement in accordance therewith.
If, within six months after the date of the Deputy Commissioner's decision, the
tenant shall not have accepted the lease, as approved or amended by the Deputy
Commissioner in the manner aforesaid, and shall not have executed a reciprocal
engagement in accordance with the terms of such lease, the Deputy
Commissioner, on the application of the superior holder and on proof of such
default on the part of the tenant, shall pass an order for ejecting the tenant.

Alienated Land
94. Determination of disputes in suits under Sections 92 and 93.
The determination of disputes regarding the amount or rates of rent in suits

under Sections 92 and 93 shall be in accordance with the rules contained in
Sections 86 and 87

Alienated Land
95. Procedure on refusal of superior holder to grant lease as directed.
(1) When the superior holder required by a decision under Section 92 to grant a
lease refuses or delays to grant the same, the Deputy Commissioner may grant a
lease under his own hand and seal in conformity with the terms of the decision,
and such lease shall be of the same force and effect as if granted by such superior
holder.
(2) When the tenant required by a decision under Section 93 to execute a

reciprocal engagement has refused or failed to execute the same, the decision
shall be evidence of the amount of rent claimable from such tenant, and shall
have the same force and effect as a reciprocal engagement executed by him.

Alienated Land
96. Procedure in suits under Sections 88, 92 and 93.
(1) In suits under Sections 88, 92 and 93, the procedure prescribed by ^Orders
IV, VI, VII, VIII, IX and XLVII of the First Schedule to the Code of Civil Procedure,
1908 (Central Act V of 1908) and the Arbitration Act, 1940 (Central Act X of
1940)] {Substituted for the words and figures "Chapters V, VII, VIII, XXXVII and
XLVII of the Code of Civil Procedure, as extended to the whole of the State of
Karnataka except Bellary District] by Act II of 1884" by Act No. 1 of 1956}, shall
be followed in so far as the same may be applicable to them.
(2) An appeal shall lie to the High Court from all decisions passed by a Deputy
Commissioner under Sections 88, 92 and 93, and from all orders passed in
execution of any such decision: Provided that the appeal be presented to the High
Court within ninety days of the Deputy Commissioner's decision or order. But no
such decision or order shall be set aside otherwise than upon the merits, for any
want of form or irregularity in procedure.

Alienated Land
[96-A. Land Revenue payable to a superior holder by an inferior holder to

be a first charge on the holding.
Any rent or land revenue payable by an inferior holder to a superior holder

together with interest at rates fixed by any rules framed by Government, shall be
a first charge on the holding or any part thereof, provided that nothing in this
section shall affect any right of the Government or any right of encumbrance
created by the inferior holder with the consent of the superior holder in writing
registered on or before the date of this Act coming into force.] {Added by Act No.
V of 1912}

Alienated Land
97. Superior holders entitled to assistance in recovering rent.
Superior holders (other than occupants of unalienated lands in villages, the

settlement of which has not been completed under Bombay Act I of 1865 or
under Chapter VIII of this Act) shall be entitled to apply to the Deputy
Commissioner in writing for assistance, by the use of precautionary and other
measures, for the recovery of rent or land revenue payable to them by inferior
holders or by co-sharers in their holdings, under the same rules, except that
contained in Section 143, and in the same manner as prescribed in Chapter XI of
this Act for the realization of land revenue by the Government:
[Provided that such application be made within two years, and in the case of
alienated or kayamgutta villages into which survey arui settlement have been
introduced, within six years from the end of the revenue year or the year of
tenancy in which the said rent or land revenue became payable;] {Substituted by
Act No. XXI of 1940}
And provided further that, when such application is for the recovery of rent or
land revenue from an inferior holder, it is based.
Firstly, upon a written agreement duly executed by such inferior holder and
registered in accordance with the law for the time being in force for the
registration of assurances; or
Secondly, upon a decision passed under any of the foregoing provisions of this
Chapter; or
Thirdly, upon the records of a revenue settlement in force for the time being as
proved by Government accounts or by accounts which Government recognizes
for the purpose of this section.
CHAPTER VII Of Superior and Inferior Holders Tenancy Recovery of Superior

Holders' Dues
98. Deputy Commissioner how to proceed on such application.
On application being made under Section 97 to the Deputy Commissioner, he

shall cause a written notice thereof to be served on the inferior holder or co-
sharer fixing a day for inquiry into the case. On the day so fixed, he shall hold a
summary inquiry, and shall pass an order for rendering assistance to the
superior holder for the recovery of such amount, if any, of rent or land revenue
as appears to him upon the evidence before him to be lawfully due.
But if it appears to the Deputy Commissioner that the question at issue between
the parties is of a complicated nature, he may in his discretion either refuse the
assistance asked for, or, if the land to which the dispute relates has been assessed
under the provisions of Chapter VIII of this Act, or at any survey settlement
confirmed by Section 121, grant assistance to the extent only of the assessment
so fixed upon the said land.
Nothing in this .section shall prevent either party from having recourse to the
Civil Counts to recover from the other such amount as he may deem to be still
due to him, or to have been levied from him in excess of what was due, as the
case may be.
CHAPTER VII Of Superior and Inferior Holders Tenancy Recovery of Superior

Holders' Dues
99. Government may, by commission, confer certain powers on holders of

alienated lands.
It shall be lawful for the Government at any time to issue a commission to any
holder of alienated lands, conferring upon him all or any of the following powers
in respect of the land specified in such commission, namely.
(a) to demand security for the payment of the land revenue or rent due to him,
and, if the same be not furnished, to take such precautions as the Deputy
Commissioner is authorized to take under Sections 147 to 149, except the power
to fine under para 3 of Section 148, or to sell the crop under Section 149;
(b) to attach the property of persons making default in the payment of such land
revenue or rent as aforesaid;
[ (c) to exercise the powers of a Deputy Commissioner under Sections 63 and

64;] .{Clause (c) omitted and the other clauses renumbered by Act No. XVII of
1939}
(d) to receive notices of relinquishment under Section 71, and to determine the
date up to which such notices shall be received as in that section provided; and
(e) to take measures for the maintenance and repair of boundary marks in the
manner provided for Survey Officers in Section 130:
[Provided that the powers contemplated in clauses (c) to (e), both inclusive, shall
be conferred only on holders of lands to which a survey settlement has been
extended] .{The words and figures "under the provisions of Section 236" omitted
by Act No. XVII of 1930} .
And provided further that the Government may in its discretion invest any
holders of alienated village with any of the powers of a Deputy Commissioner
under this Act, when such holder has, within the thirty years before the passing
of this Act, regularly exercised corresponding powers whenever the estate has
been in his own management.
CHAPTER VII Of Superior and Inferior Holders Tenancy Grant of Special Powers
to Holders of Alienated Lands
100. Terms of such commission.
Every such commission shall be in the form of Schedule F, and shall be liable to
be withdrawn at the pleasure of Government; and a commission may, if the
Government see fit, be issued to one or more agents of a holder of alienated lands
as well as to the holder in person.
101. Reference must be made by holder of commission to Deputy

Commissioner in certain cases.
If the holder of any such commission attach a defaulter's property, he shall make
an immediate report to the Deputy Commissioner of his having done so. Should
the demand on account of which the attachment has been made appear to the
Deputy Commissioner, after such enquiry as he may deem fit to make, to be just,
he shall give orders for the sale of the property, and a sale shall be conducted
agreeably to the provisions of Sections 171 to 192 either by the Deputy
Commissioner or his subordinates or by the holder if the Government, by an
order under the last proviso to Section 99, has authorised the holder to conduct
such sale.
102. When compulsory process shall cease.
All compulsory process shall cease.
On the defaulter's paying or tendering the "amount demanded of him under

protest; or
On his furnishing either to the holder of the commission or his agent or agents, or
to the Deputy Commissioner, satisfactory security in the form of Schedule D, or to
similar effect.
And any holder of any such commission as aforesaid, by himself or his agents,
proceeding with any compulsory process after payment made or tendered as
aforesaid, or after the furnishing of such security as aforesaid, or after tender
thereof, shall be liable, on conviction in a summary inquiry before the Deputy
Commissioner, to a penalty not exceeding three times the amount of the revenue
sought to be recovered by such compulsory process.
103. Power under commission to extend to current and previous year's

arrears.
The power conferred by any such commission shall extend to the enforcement of
the payment of the revenue or rent of the current revenue year and of the
revenue year next immediately preceding, but not that of former years.
104. Holder of commission not to enforce any unusual or excessive

demand.
The holder of any such commission shall not enforce a demand for revenue or
rent in excess of what any inferior holder has paid previously to the date of such
demand, or of what he may have contracted to pay by an instrument in writing
duly registered in accordance with the law for the time being in force relating to
the registration of assurances, or of what may have been decided as the proper
amount of rent by a decision under Section 88, 92 or 93. In the event of a dispute,
the Deputy Commissioner shall hold a summary enquiry and decide what is just,
and the holder of the commission shall not enforce a demand for more than what
is so decided to be just.
The person against whom any demand shall have been enforced in excess of the
amount of which payment is lawfully enforceable, shall be entitled to recover, on
conviction of the holder of the commission in a summary inquiry before the
Deputy Commissioner, three times the amount of any such excessive demand by
way of damages and the sum so due by the holder of the commission shall be
leviable from him as an arrear of land revenue.
105. Nothing in this Chapter to prevent civil suit.
Nothing contained in the provisions of this Chapter shall prevent parries holding
the relation of landlord and tenant from seeking remedy in Civil Courts on
matters not specially provided for in this Chapter.
106. Revenue survey may be introduced by Government into any part of

[the whole of the State of Karnataka except Bellary District] .{See the
Karnataka Adaptations of Laws Order, 1953}.
It shall be lawful for the Government, whenever it may seem expedient, to direct
the survey of any land in any part of the [whole of the State of Kamataka except
Bellary District] .{See the Karnataka Adaptations of Laws Order, 1953}, with a
view to the settlement of the land revenue, and to the record and preservation of
rights connected therewith, or for any other similar purpose, and such survey
shall be called a revenue surve. Such survey may extend to the lands of any
village, town or city generally, or to such land only as the Government may
direct; and, subject to the orders of the Government, it shall be lawful for the
Officers conducting any such survey to except from the survey settlement any
land to which it may not seem expedient that such settlement should be applied.
The control of every such revenue survey shall vest in, and be exercised by, the
Government.
CHAPTER VIII Of Survey Settlements and The Partition of Estates Survey

Settlements Grant of Special Powers to Holders of Alienated Lands
107. Survey Officer may require, by general notice or by summons, suitable

service from holders of land, etc.
It shall be lawful for the Survey Officer deputed to conduct or take part in any
such survey to require, by general notice, or by summons, the attendance of
holders of land and of all persons interested therein, in person or by legally
constituted agent duly instructed and able to answer all material questions, and
the presence of taluk and Village Officers, who, in their several stations and
capacities, are legally, or by usage, bound to perform service in virtue of their

respective offices, and to require from them such assistance in the operations of
the survey, and such service in connection therewith, as may not be inconsistent
with the position of the individual so called on.

108. Assistance to be given by holders and others in the measurement or

classification of lands.
It shall be lawful for the Survey Officer to call upon all holders of land and other
persons interested therein to assist in the measurement or classification of the
lands to which the survey extends, by furnishing flag-holders; and in the event of
a necessity for employing hired labour for this or other similar object incidental
to survey operations, it shall be lawful to assess the cost thereof, with all
contingent expenses, on the lands surveyed for collection as a revenue demand.

109. Survey numbers not to be less than a certain extent.
Except as hereinafter provided, no survey number comprising land used for

purposes of agriculture only shall be made of less extent than a minimum to be
fixed from time to time for the several classes of land in each district by the
[Revenue Commissioner.] .{Substituted for the word "Government" by Act No. VI
of 1906} A record of the minima so fixed shall be kept in the Amildar's office in
each taluk, and shall be open to the inspection of the public at all reasonable
time.
[Exception 1.
These provisions shall not apply to survey numbers which have already been
made of less extent than the minima so fixed or which may be so made under the
authority of the Revenue Commissioner given either generally or in any
particular instance in this behalf; and any survey number separately recognised
in the survey records shall be deemed to have been authorizedly made, whatever
be its extent.
Exception 2.
Survey numbers may, from time to time, and at any time be divided into so many
sub-divisions as may be required in view of the acquisition of rights in land or for
any other reason.] {Substituted by Act No. XVII of 1928.}

110. Recognised shares of survey numbers.
Recognised shares of survey numbers shall be subject to the same provisions of

this Act as are applicable to entire survey numbers, except.
(a) that it shall not be obligatory to demarcate such shares separately; and
(b) that if any such share is relinquished by the occupant absolutely under the
provisions of Section 71, the occupancy thereof shall be offered to the occupants
of the other shares of the same survey number in the order of the relative
largeness of the amounts payable by them, respectively, on account of the
assessment of their said shares; and that, in the event of their all refusing the
occupancy of the said share, the assessment thereon shall, until such time as the
entire number is relinquished by them, be levied from them in proportion to the
amounts of assessment payable by them as aforesaid.

111. Officer-in-charge of survey to fix assessment.
(1) Subject to rules or orders made in this behalf under Section 233, the Officer-
in-charge of a survey shall have authority to fix the assessment for land revenue
at his discretion on all lands within the local operation of an order made under
Section 106 not wholly exempt from land revenue, and the amounts due
according to such assessment shall, subject to the provisions of Section 112, be
levied on all such lands.
(2) The power to assess under this section shall, in the case of lands used for
purposes of agriculture alone, include power to assess, whether directly on the
land, or in the form of a rate or cess upon the means of irrigation in respect of
which no rate is levied under Section 53, or in any other manner whatsoever that
may be sanctioned by Government.
(3) In fixing the assessment under this section, regard shall be had to the
requirements of the proviso to Section 50
(4) Nothing in this section shall be deemed to prevent the Survey Officer
aforesaid from determining and registering the proper full assessment on lands
wholly exempt from payment of land revenue, or on all lands especially excepted
under Section 106 from the survey settlement, or from dividing all such lands to
which the survey extends into survey numbers.

112. Assessment not leviable without the sanction of Government, but may
be fixed with or without modification by the Government for a term of
years.
The assessment fixed by the Officer-in-charge of a survey shall not be levied

without the sanction of Government. It shall be lawful for the Government to
declare such assessment, with any modification which it may deem necessary,
fixed for a term of years not exceeding thirty in the case of lands used for the
purposes of agriculture alone, and in the case of all other lands for any term or in
perpetuity: Provided that nothing in this section shall prevent the Government
from fixing the assessment on lands held on coffee tenure or granted for fuel or
timber plantations for any term or in perpetuity subject to such conditions as it

may prescribe.

113. Introduction of survey settlement how to be made.
When, in the case of lands used for the purposes of agriculture alone,
Government shall have sanctioned the assessments fixed by the Officer-in-charge
of the survey, it shall be the duty of the said Officer, or of the Deputy
Commissioner, or Assistant Commissioner, publicly to announce, or to cause to
be announced, the assessment fixed on each survey number, or recognized share
of a survey number.
The said Officer, 6r, the Deputy Commissioner, or Assistant Commissioner shall,
at d reasonable time beforehand, cause public notice to be given, in such manner
as he shall deem fit, of the time at or about which the assessments will be
announced as aforesaid.
If the holder or other person interested in any holding do not appear in person or
by agent, he shall be subject, nevertheless, to the same liabilities as if he had
attended.
When the assessments have been announced in the manner provided in the first
clause of this section, the survey settlement shall be held to have been
introduced.

114. The fixing of assessment under Section 112 limited to ordinary land
revenue.
The fixing of the assessment under the provisions of Section 112 shall be strictly
limited to the assessment of the ordinary land revenue, and shall not operate as a
bar to the levy of any cess which it shall be lawful for the Government to impose
under the provisions of any law for the time being in force for purposes of local
improvement, such as the construction, maintenance and improvement of
schools, village and district roads, bridges, tanks, wells, accommodation for
travellers, and the like, or of any rate for the use of water which may be imposed
under the provisions of Section 53.

115. Government may direct a fresh revenue survey and revision of

assessment.
It shall be lawful for the Government to direct at any time a fresh revenue survey
or any operation subsidiary thereto, but no enhancement of assessment shall
take effect till the expiration of the period previously fixed under the provisions
of Section 112, or of Bombay Act I of 1865.
A revised assessment shall be fixed, not with reference to improvements made

from private capital and resources during the currency of any settlement made
under this act, or under Bombay Act I of 1865, but with reference to general
considerations of the value of land, whether as to soil or situation, prices of
produce, or facilities of communication.
When, in fixing the assessment of any land, regard is had to a natural advantage
thereof, and that advantage cannot be fully utilised except by means of an
improvement which has not been made at the time of fixing the assessment,
nothing in this section shall prevent the Government from foregoing its demand
for a portion of the assessment until the expiration of such period after the
improvement has been made, as, having regard to the reasonable claims of the
person making the improvement and the expediency of encouraging
improvements, it may think fit.

116. Certain improvements may be considered in fixing revised

assessment.
Nothing in the last preceding section shall be held to prevent a revised

assessment being fixed with reference to any improvement effected at the cost of
Government.

117. Preparation of statistical and fiscal records.
:It shall be the duty of the Survey Officer, on the occasion of making or revising a
settlement of land revenue to prepare a register, to be called "the Settlement
Register", showing the area and assessment of each survey number, together
with the name of the registered occupant of such survey number, and other
records, in accordance with such orders as may from time to time be made in this
behalf by Government.

118. Survey Officer or Deputy Commissioner or Assistant Commissioner to

correct clerical and admitted errors in the settlement register.
The Survey Officer, or, if the survey settlement have been introduced under the
provisions of Section 113 by the Deputy Commissioner or Assistant
Commissioner, the Deputy Commissioner or Assistant Commissioner shall at any
time correct, or cause to be corrected any clerical errors and any errors which
the parties interested admit to have been made in the Settlement Register.
The Superintendent of Survey or the Deputy Commissioner shall receive and

enquire into all applications made to him at anytime within two years after the
introduction of the survey settlement for the correction of any wrong entry of a
registered occupant's name in the said register, and if satisfied that an error has
been made, whether through fraud, collusion, oversight, or otherwise, shall
correct or cause the same to be corrected, notwithstanding that all the parties
interested do no admit the error; but he shall not receive any such application at
any time after two years from the date of the introduction of the survey
settlement, unless good cause be shown to his satisfaction for the delay in
making such application, and no such correction of the said register shall be
made in consequence of any application made after the said period of two years,
except with the previous sanction of Government.

119. Deputy Commissioner to keep survey records and frame village

records in accordance therewith.
The Deputy Commissioner shall keep the settlement register and such other
records, prepared by the Survey Officer, as Government shall direct, and shall
cause the village records and accounts to be prepared in accordance therewith.
He shall not make any alterations or corrections in the settlement register, but
shall cause to be registered in the village records and accounts all changes that
may take place, and anything that may affect any of the rights or interests therein
recorded.

119-A. Assumption .of management of alienated villages by Government.
The Deputy Commissioner may, with the previous sanction of the State
Government, take over temporarily the management of an alienated village
within the local limits of his jurisdiction, the holder of which is disqualified to
manage his own property:
Provided that in the case of a holder disqualified under clause (b) of Section 199-
B, such assumption shall be sanctioned only where the State Government is of
opinion that it is expedient in the interests of the general public to preserve the
property of such holder.

119-B. Land-holders to be deemed disqualified in certain cases.
The following holders of alienated villages shall, for the purposes of Section 119-
A, be deemed to be disqualified to manage their own property, namely.
(a) Minors; (b) Persons declared by the District Court, on the application of the
Deputy Commissioner and after such judicial inquiry as it thinks necessary, to be
incapable of managing or unfit to manage their own property owing to.
(i) any physical or mental defect or infirmity; or

(ii) such habits as cause, or are likely to cause, injury to their property or to the
well-being of their inferior holders; and
(c) Persons adjudged by a competent Civil Court to be of unsound mind and

incapable of managing their affairs.
The State Government may, by an order, release the property from its
management as soon as the holder ceases to be a minor or the disability has
ceased or for any other reason.

119-C. Government management of alienated villages on application of

land-holder.
Any holder of an alienated village may apply in writing to the State Government
to take over the management of his village and the State Government may on
such application, where it is of opinion that it is expedient in the interests of the
general public to preserve the property of such holder, order the Deputy
Commissioner within the local limits of whose jurisdiction the village lies to
assume the management of the village of the applicant.
Explanation.
In every case where property is held by co-sharers, whether as co-sharers in a

family undivided according to Hindu Law or otherwise, an application signed by
all the co-sharers shall, for the purposes of this section, be 4eemed to be an
application by the holder of the village.

119-D. Assumption of management to be notified.
(1) Whenever the State Government takes over the management of alienated
villages under Section 119-A or 119-C, the fact of such assumption, and the date
on which it was sanctioned by the State Government shall be notified in the
official Gazette and in such other manner as the State Government may, by
general or special order, direct.
(2) On and with effect from the date of such notification, the whole of the village
of such holder, shall be deemed to be under the management of the State
Government.] {Sections 119-A to 119-D substituted for Sections 119-A and 119-B
by Act No. 1 of 1956}

120. Revenue management of villages or estates not belonging to

Government that may be temporarily under Government management.
(1) In the event of any alienated village or estate coming under the temporary
management of Government Officers, it shall be lawful for the Deputy
Commissioner to let out the lands thereof at rates determined by means of a
survey settlement, or at such other fixed rates as he may deem to be reasonable,
and to sell the occupancy of unoccupied lands by auction, and otherwise to
conduct the revenue management thereof under the rules for the management of
unalienated lands, so far as such rules may be applicable, and for so long as the
said village or estate shall be under the management of Government Officers:
Provided; however, that any written agreements relating to the land, made by
the superior holder of such village or estate, shall not be affected by any
proceedings under this section in so far as they shall not operate to the detriment
of the lawful claims of Government on the land.
[(2) x x x x x.] {Sub-section (2) omitted by Act No. 1 of 1956}

121. Maintenance of existing settlements of land revenue.
Existing survey settlements of land revenue, made, approved and confirmed

under the authority of the Government, shall be, and are hereby declared to be, in
force, subject to the provisions of this Act.

122. Rules for partition of estate paying revenue to Government.
The following rules shall be enforced at the partition of any estate paying land
revenue to Government, namely.
(1) the estate shall be divided as far as possible according to survey numbers
without sub-dividing any number; but if the partition cannot be completely
effected without sub-dividing a number, such sub-division may be made by the
Deputy Commissioner, subject to the provisions of Section 109;
(2) any number or sub-division of a number, which may remain over after the
partition has been carried out, as far as possible according to the last rule, and
which is incapable of sub-division or of further sub-division owing to the
provisions of Section 109, shall be made over to one of the sharers in
consideration of his paying to the other sharers the value in money of their
shares in the same, or shall be sold and the proceeds divided amongst all the
sharers, or otherwise disposed of, as the Deputy Commissioner thinks fit;
(3) the expenses necessarily and properly incurred in making such partition shall
be recoverable as a revenue demand in such proportions as the Deputy
Commissioner thinks fit from the sharers at whose request it is made, or from the
persons interested in such partition.

Settlements Partition
123. Partition of alienated village by the Deputy Commissioner on

application by co-sharers.
Whenever any one or more co-sharers in an alienated village into which a

revenue survey has been introduced consent to a partition of the said estate, it
shall be lawful for the Deputy Commissioner, or for any other Officer duly
empowered by him in this behalf, subject to the rules contained in the last
preceding section, to divide the said village into shares according to the
respective rights of the co-sharers, and to allot such shares to the co-sharers:
Provided that no such partition shall be made, unless.
(a) all the co-sharers are agreed as to the extent of their respective rights in the
village; and
(b) the assessment of the share or shares or the sharer or sharers consenting to
such partition exceeds one half of the assessment of the entire village.
In such cases the expenses of partition shall be recovered under rule (3) of the
last preceding section from all the co-sharers in the village divided.

124. Sub-division of numbers at time of revision of survey.
At the time of a revision of survey, it shall be in the discretion of the Officer-in-

charge of the survey, subject to the provisions of Section 109 and to any
departmental rules or order in this behalf at the time in force, to sub-divide any
survey number into two or more distinct numbers, and to enter the names and
liabilities of the persons whom he shall deem entitled to be recognised as
registered occupants of such sub-divisions in the settlement register separately.

125. Separate demarcation of land appropriated under Section 63 or 65.
When any portion of cultivable land is appropriated under the provisions of

Section 63 or 65 for any non-agricultural purpose, the portion so appropriated
may, with the sanction of the Deputy Commissioner, be demarcated, and made
into a separate number at any time, notwithstanding the provisions of Section
109.

126. Determination of village boundaries.
The boundaries of villages j situated in the [whole of the State of Karnataka

except Bellary District] {See the Karnataka Adaptations of Laws Order,
1953}shall be fixed, and all disputes relating thereto shall be determined by
Survey Officers, or by such other Officers as may be nominated by Government

for the purpose, who shall be guided by the following rules.
Rule 1.
When the patels and other Village Officers of any two or more adjoining villages,
and, in the case of an alienated village, the holder thereof or his duly constituted
agent, shall voluntarily agree to any given line of boundary as the boundary
common to their respective villages, the Officer determining the boundary shall
require the said parties to execute an agreement to that effect, and shall then
mark off the boundary in the manner agreed upon. And any village boundary
fixed in this manner shall be held to be finally settled, unless it shall appear to the
said Officer that the agreement has been obtained by fraud, intimidation, or any
other illegal means.
Rule 2.
If the patels and other Village Officers, and, in the case of an alienated village, the
holder thereof or his duly constituted agent, do not agree to fix the boundaries of
their respective villages in the manner prescribed in the preceding rule, or if it
shall appear to the said Officer that the agreement has been obtained by fraud,
intimidation or any other illegal means, or if there be any pending dispute, the
said Officer shall make a survey and plan of the ground in dispute, exhibiting the
land claimed by the contending parties, and all particulars relating thereto, and
shall hold a formal enquiry into the claims of the said parties, and therafter make
an award in the case. If either of the villages concerned be alienated, an award
made by a Survey Officer shall, unless the Officer making it be the
Superintendent of Survey, be subject to his confirmation.
CHAPTER IX The Settlement of Boundaries and The Construction and

Maintenance of Boundary Marks Partition
127. Determination of field boundaries.
If, at the time of survey, the boundary of a field or holding be undisputed, and its
correctness be affirmed by the Village Officers then present, it may be laid down
as pointedout by the holder or person in occupation, and if disputed, or if the said
holder or person in occupation be not present, it shall be fixed by the Survey
Officer according to the village records, and according to occupation as
ascertained from the Village Officers and the holders of adjoining lands, or on
such other evidence or information as the Survey Officer may be able to procure.
If any dispute arise concerning the boundary of a field or holding which has not
been surveyed, or if, at any time after the survey records have been handed over
to the Deputy Commissioner, a dispute arise concerning the boundary of any
survey number, it shall be determined by the Deputy Commissioner, who shall be
guided, in the case of survey numbers, by the survey records, if they afford
satisfactory evidence of the boundary previously fixed, and, if not, by such other
evidence as he may be able to procure.

128. Settlement of boundary dispute by arbitration.
If the several parties concerned in a boundary dispute agree to submit the

settlement thereof to an arbitration committee, and make application to that
effect in writing, the Officer whose duty it would otherwise be to determine the
boundary shall require the said parties to nominate a committee of not less than
three persons, within a specified time, and if, within a period to be fixed by the
said Officer, the committee so nominated or a majority of the members thereof
arrive at a decision, such decision, when confirmed by the said Officer or if the
said Officer be a Survey Officer lower in rank than a Superintendent of Survey, by
the Superintendent of Survey shall be final:
Provided that the said Officer or the Superintendent of survey shall have power
to remit the award or any of the matters referred to arbitration, to the
reconsideration of the same committee for any of the causes set forth in [Section
16 of the Arbitration Act, 1940 (Central Act X of 1940).] {Substituted for the
words and figures "Section 520 of the Code of Civil Procedure" by Act No. 1 of
1956.
If the committee appointed in the manner aforesaid fail to effect a settlement of

the dispute within the time specified, it shall be the duty of the Officer aforesaid,
unless he, or, if the said Officer is a Survey Officer lower in rank than a
Superintendent of Survey, the Superintendent of Survey, see fit to extend the
time, to settle the same as otherwise provided in this Act.

129. Effect of the settlement of boundary.-
[(1) The settlement of the boundary under any of the foregoing provisions of this
Chapter shall be determinative.
(a) of the proper position of the boundary line or boundary marks; and
(b) of the rights of the landholders on either side of the boundary fixed in
'respect of the land adjudged to appertain, or not to appertain, to their respective
holdings.] {Section 129 renumbered as sub-section (1) of that section and sub-
section (2) added by Act No. V of 1934.}
(2) Where a boundary has been so fixed, the Deputy Commissioner may at any
time summarily evict any landholder who is wrongfully in possession of any land
which has been adjudged in the settlement of a boundary not to appertain to his
holding or to the holding of any person through or under whom he claims.

130. Construction and repair of boundary marks of survey numbers and

villages.
It shall be lawful for any Survey Officer authorised by a Superintendent of Survey

or Settlement Officer to cause to be constructed or repaired boundary marks of
villages or survey numbers, whether cultivated or uncultivated, and to assess all

charges incurred thereby on the holders or others having an interest therein.
Such Officer may require landholders to construct or repair their boundary

marks by a notification, which shall be posted in the chavadi or other public place
in the village to which the lands under survey belong, directing the holders of
survey numbers to construct or repair, within a specified time, the boundary
marks of their respective survey numbers, and on their failure to comply with
the requisitions so made, the Survey Officer shall then construct or repair them,
and assess all charges incurred thereby as hereinbefore provided.
A general notification issued in the manner aforesaid shall be held to be good and
sufficient notice to each and every person having any interest in any survey
numbers within the limits of the lands to which the survey extends.
The size, material and description of boundary marks shall be such as may, under
the orders of Government, be fixed by the Superintendent of Survey, according to
the requirements of soil and climate.

Maintenance of Boundary Marks Boundary Marks
131. Responsibility for the maintenance of boundary marks.
Every landholder shall be responsible for the maintenance and good repair of the
boundary marks of his holding, and for any charges reasonably incurred on
account of the same by the Revenue Officers in cases of alteration, removal, or
disrepair. It shall be the duty of village Officers and servants to prevent the
destruction or unauthorized alteration of the village boundary marks. <

132. Deputy Commissioner to have charge of boundary marks after

introduction of the survey settlement.
When the survey settlement shall have been introduced into a district, the charge
of the boundary marks shall devolve on the Deputy Commissioner, and it shall be
his duty to take measures for their maintenance and repair, and for this purpose
the powers conferred on Survey Officers by Section 130 shall vest in him.

133. Penalty for injuring boundary marks.
Any person convicted, after a summary enquiry before the Deputy

Commissioner, or before a Survey Officer not lower in rank than an Assistant
Superintendent of Survey, of wilfully erasing, removing or injuring a boundary
mark, or unauthorisedly erecting a boundary mark, shall be liable to a fine not
exceeding fifty rupees for each mark so erased, removed, injured, or erected.

134. Limit of sites of villages, towns and cities how to be fixed, and
assignment of building sites.
It shall be lawful for the Deputy Commissioner or for a Survey Officer acting
under the general or special orders of Government, to determine what lands are
included within the site of any village, town or city, to fix, and from time to time
to vary the limits of the same, respect being had to all subsisting rights of
landholders, and to set apart for building sites within such limits any lands which
may be the property of Government and not in the lawful occupation of any
person or aggregate of persons, provided that no land hitherto used for purposes
of agriculture only shall be set apart for building sites except under the special or
general sanction of the Government. Land already set apart for building sites
within the sites of any village, town or city, shall be deemed to have been so set
apart under this section.
CHAPTER X Of Land Within The Sites of Villages, Towns and Cities Boundary
Marks
135. Disposal of building sites.
It shall be lawful for the Deputy Commissioner [or such other authority as the
Government may authorise in this behalf] .{Inserted by Act No. XVII of 1928}to
dispose of lands set apart for building sites under Section 134, in such manner as
may be directed by rules which the Government may, from time to time, frame in
that behalf, either subject to or exempt from liability to payment of land revenue,
as may be directed by such rules.
Marks
136. Occupancy right confirmed.
The existing right of occupancy of all lands within the sites of villages, towns and
cities, is hereby confirmed so far as the interest of Government is concerned, only
excepting the case of encroachments, as provided for in Section 37 of this Act.
Marks
137. Existing exemptions confirmed.
Existing exemptions from payment of land revenue of lands situate within the
sites of villages, towns and cities are hereby confirmed.
Firstly, if such lands be alienated lands recognized by Competent Authority as

wholly or partially exempt from the payment of land revenue;
Secondly, if such lands, being other than lands ordinarily used for purposes of
agriculture, have been held wholly or partially exempt from payment of land
revenue at the time of the introduction of this Act;
Thirdly, if such lands, being ordinarily used for purposes of agriculture, have
been held exempt from payment of land revenue at the time of the introduction
of this Act, having been excepted from a survey settlement already introduced on
the ground of their being backyards or hittals attached to buildings or of its being
deemed inexpedient to apply a survey settlement to them.
(2) The Government may from time to time make, and from time to time vary or
rescind, rules.
(a) declaring the nature, extent, description and situation of lands ordinarily
used for purposes of agriculture within the sites of villages, towns and cities, to
which a survey settlement shall not be applied and which shall be exempt from
land revenue; and
(b) fixing the assessment on lands not exempt from land revenue, and situated
within the sties of villages, towns and cities, for any term or in perpetuity,
anything in Section 112 notwithstanding.
Marks
138. Inam lands hitherto used for purposes of agriculture only

appropriated to other purposes.
If any land within the sites of any village, town or city, hitherto ordinarily used
for agricultural purposes only and partially exempt from the payment of land
revenue, be appropriated to any other purposes, it shall be liable to the payment
of one-eighth of the rate fixed for unalienated land used for similar purposes in
the same locality, in addition to the quit-rent payable in respect of such land.
Marks
139. Survey of lands in sites of villages, towns and cities how to be

conducted.
If the Government shall at any time deem it expedient to direct a survey of the
lands other than those used ordinarily for the purposes of agriculture only within
the site of any village, town or city, under the provisions of Section 106, or a fresh
survey thereof under the provisions of Section 115; such survey shall be
conducted, and all its operations shall be regulated, according to the provisions
of Chapters VIII and DC of this Act, due regard being had to all existing
exemptions from the payment of land revenue confirmed by Section 137:
Provided that nothing contained in Sections 107, 108, 111 para (2), 113 or 126
thereof shall be considered applicable to any such survey in any town or city
containing more than two thousand inhabitants.
Marks
140. In certain cases a survey fee to be charged.

When a survey is extended under the provisions of the last preceding section to
the site of any town or city containing more than two thousand inhabitants, each
holder of a building site shall be liable to the payment of a survey fee to be
assessed by the Deputy Commissioner under such rules as may be prescribed in
this behalf from time to time by Government:
Provided that the said fee shall in no case exceed rupees five for each survey
number. The said survey fee shall be payable within six months from the date of
a public notice to be given in this behalf by the Deputy Commissioner after the
completion of the survey of the site of the town or city or such part thereof as the
notice shall refer to.
Marks
141. Sannad to be granted without extra charge.
Every holder of a building site as aforesaid shall be entitled, after payment of the
said survey fee, to receive from the Deputy Commissioner without extra charge
one or more sannads, in the form of Schedule 'G', specifying by plan and
description the extent and conditions of his holding:
Provided that, if such holder do not apply for such sannad or sannads at the time
of payment of the survey fee or thereafter within six months from the date of the
public notice issued by the Deputy Commissioner under the last preceding
section, the Deputy Commissioner may require him to pay an additional fee not
exceeding one rupee for each sannad.
Every such sannad shall be executed on behalf of the Government by such Officer
as may, from time to time, be lawfully empowered to execute the same.
Marks
142. Primary responsibility.
The registered occupant shall be primarily responsible to Government for the

land revenue of unalienated land, and the superior holder shall be primarily
responsible to Government for the land revenue of alienated land.
On failure of the person primarily responsible to Government for the land

revenue to pay the same according to the rules legally prescribed in that behalf, it
may be recovered from the co-occupant of unalienated land or the co-sharer of
alienated land, or in either case from the inferior holder or person in actual
occupation of the land.
When the land revenue is recovered from any such occupant, co-sharer, inferior
holder, or other person, he shall be allowed credit for all payments which he may
have made to the registered occupant, or superior holder, or to his landlord, at or
after the prescribed or usual times of such payments and he shall be entitled to
credit in account with the registered occupant or superior holder or with his
landlord for the amount recovered from him.
CHAPTER XI Of The Realization of The Land Revenue and Other Revenue

Demands Responsibility for Land Revenue Boundary Marks
143. Claims of Government to have precedence over all others.
The claim of Government to any moneys recoverable under the provisions of this
Chapter shall have precedence over any other debt, demand or claim whatsoever,
whether in respect of mortgage, judgment decree, execution or attachment, or
otherwise, howsoever, against any land or the holder thereof.

Demands Responsibility for Land Revenue Priority of Government Claim for
Land Revenue
144. Liability of crop for revenue of land.
In all cases, the land revenue, for a revenue year, of land used for agricultural
purposes, if not otherwise discharged, shall be recoverable, in preference to all
other claims, from any crop planted or harvested during such year on the land
subject to the same.

Demands Responsibility for Land Revenue Priority of Government Claim for
Land Revenue
145. Land revenue may be levied at any time during the revenue year.
The land revenue shall be leviable on or at any time after the first day of the
revenue year for which it is due; but, except when precautionary measures are
deemed necessary under the provisions of Sections 148 to 150, payment will be
required only on the dates to be fixed under the provisions hereinafter
contained.

Demands Responsibility for Land Revenue Land Revenue when leviable
146. Removal of crop which has been sold, etc., may be prevented until the
revenue is paid.
When the crop of any land or any portion of the same is sold, mortgaged or
otherwise disposed of, whether by order of a Civil Court or other public authority
or by private agreement, the Deputy Commissioner may prevent its being
removed from the land until the revenue of the said land recoverable under
Section 144 has been paid, whether the date fixed for the payment of the same,
under the provisions hereinafter contained, has yet arrived or not. But in no case
shall a crop, or any portion of the same, which has been sold, mortgaged, or
otherwise disposed of, be detained on account of more than one year's revenue.

Demands Responsibility for Land Revenue Precautionary Measures for the
Security of the Land Revenue
147. In order to secure the land revenue the Deputy Commissioner may
prevent the reaping of the crop.
It shall be lawful for the Deputy Commissioner, in order to secure the payment of
the land revenue by the enforcement of the lieu of Government on the crop.
(a) to require that the crop growing on any land liable to the payment of land
revenue shall not be reaped until a notice in writing has first been given to
himself or to some other Officer to be named by him in this behalf, and such
notice has been returned endorsed with an acknowledgement of its receipt;
(b) to direct that no such crop shall be removed from the land on which it has
been reaped, or from any place in which it may have been deposited, without the
written permission of himself or of some other Officer as aforesaid;
(c) to cause watchmen to be placed over any such crop to prevent the unlawful
reaping or removal of the same, and to realise the amount required for the
remuneration of the said watchmen, at such rate not exceeding the rate of pay
received by the peons on his establishment as he may deem fit, as an arrear of
land revenue due in respect of the land to which such crop belongs.

148. Deputy Commissioner's order under last section how to be made

known.
The Deputy Commissioner's order under either clause (a) or clause (b) of the last
preceding section may be issued generally to all the holders of land paying
revenue to Government in a village, or to individual holders merely.
If the order be general, it shall be made known by public proclamation to be

made by beat of drum in the village and by affixing a copy of the order in the
chavadi, or some other public building in the village. If it be to individual
holders4, a notice thereof shall be served on each holder concerned.
Any person who shall disobey any such order after the same has been so
proclaimed, or a notice thereof has been served upon him, or who shall, within
the meaning of the Indian Penal Code, abet the disobedience of any such order,
shall be liable, on conviction after summary inquiry by the Deputy
Commissioner, to a fine not exceeding double the amount of the land revenue
due on the land to which the crop belongs in respect of which the offence is
committed.

149. Reaping, etc., not to be unduly deferred.
The Deputy Commissioner shall not defer the reaping of the crop, or prolong its
deposit unduly so as to damage the produce; and if, within two months after .the
crop has been deposited, the revenue due has not been discharged, he shall
either release the crop and proceed to realize the revenue in any other manner
authorized by this Chapter, or take such portion thereof as he may deem fit for
sale under the provisions of this Chapter applicable to sales of movable property
in realization of the revenue due and of all legal costs, and release the rest:
Provided that the limit of two months shall not apply to articles of a perishable
nature which shall immediately be sold as provided in Section 174.

150. Temporary attachment and management of a village or share of a

village.
If, owing to disputes among the sharers, or for other cause, the Deputy
Commissioner shall deem that there is reason to apprehend that the land
revenue payable in respect of any holding consisting of an entire village or of a
share of a village will not be paid as it falls due, he may cause the village or share
of a village to be attached and taken under the management of himself or any
agent whom he appoints for that purpose.
The provisions of Section 166 shall apply to any village or share of a village so
attached, and all surplus profits of the land attached, beyond the cost of such
attachment and management, including the payments of the land revenue and
the cost of the introduction of a revenue survey, if the same be introduced under
the provisions of Section 120, shall be kept in deposit for the eventual benefit of
the person or persons entitled to the same or paid to the said person or persons
from time to time, as the Deputy Commissioner, subject to the orders of the
[Revenue Commissioner] .{Substituted for the word "Government" by Act No. VI
of 1906}may direct.

151. Precautionary measures to be relinquished on security being

furnished.
The precautionary measures authorized by the last five sections shall be

relinquished if the person primarily responsible for the payment of revenue, or
any person who would be responsible for the same if default were made by the
person primarily responsible, shall pay the costs, if any, lawfully incurred by the
Deputy Commissioner up to the time of such relinquishment, and shall furnish
security satisfactory to the Deputy Commissioner for the payment of the revenue
at the time at which, or in the instalments, if any, in which, it is payable under the
provisions hereinafter contained.

152. Government to determine the dates, etc., on which land revenue shall
be payable.
Land revenue, except when it is recovered under the provisions of the foregoing
Sections 146 to 150, shall be payable at such times, in such instalments, to such
persons and at such places as may, from time to time, be determined by the
orders of Government.

Demands Responsibility for Land Revenue Regulation of payment of Land
Revenue
153. Arrear defaulters.
Any sum not so paid becomes thereupon an arrear of land revenue; and the
persons responsible for it, whether under the provisions of Section 142 or of any
other section, become defaulters.

Demands Responsibility for Land Revenue Defaulters
154. Liability incurred by default.
If any instalment of land revenue be not fully paid within the prescribed time, it
shall be lawful for the Deputy Commissioner to proceed to levy at once the entire
balance of land revenue due by the defaulter for the current revenue year, in
addition to such charge as a penalty, or by way of interest, as may be authorised
according to a scale to be fixed, from time to time, under the orders of the
Government.

155. Certified account to be evidence as to arrears.
A statement of account certified by the Deputy Commissioner or by an Assistant

Commissioner shall, for the purposes of this Chapter, be conclusive evidence of
the existence of the arrear of the amount of land revenue due, and of the person
who is the defaulter.
On receipt of such certified statement, it shall be lawful for the Deputy

Commissioner of one district to proceed to recover the demands of the Deputy
Commissioner of any other district under the provisions of this Chapter as if the
demand arose in his own district.

156. Process for recovery of arrears.
An arrear of land revenue may be recovered by the following processes.
(a) by serving av.

(d) by sale of the defaulter's immovable property under Section 161;
(e) by arrest and imprisonment of the defaulter under Sections 163 and 164;
(f) in the case of alienated holdings consisting of entire villages, or shares of

villages by attachment of the said villages or shares of villages under Sections
165 to 169.

Demands Responsibility for Land Revenue Recovery of Arrears
157. Revenue demands of former years; how recoverable.
The said process may be employed for the recovery of arrears of former years as
well as of the current revenue year, but the preference given by Section 143 shall,
except in cases falling under Section 54, apply only to demands for the current
revenue year, i and the preference given by Section 144 shall apply only to
demands for the year in which the corp is planted or harvested:
Provided that any process commenced in the current year shall be entitled to the
said preferences, notwithstanding that it may not be fully executed within that
year.

Demands Responsibility for Land Revenue Recovery of Arrears
158. When notice of demand may issue.
A notice of demand may be issued on or after the day following that on which the
arrear accrues.
The [Revenue Commissioner] .{Substituted for the word "Government" by Act

No. VI of 1906} may, from time to time, frame rules for the issue of such notices,
and [with the sanction of the Government shall fix] .{Inserted by Act No. VI of
1906}the costs recoverable from the defaulter as an arrear of revenue, and direct
by what Officer such notices shall be issued.

Demands Responsibility for Land Revenue Notice of Demand
159. The occupancy or alienated holding for which arrear is due may be
forfeited.
The Deputy Commissioner may declare the occupancy or alienated holding in

respect of which an arrear, of land revenue is due to be forfeited to Government,
and sell or otherwise dispose of the same under the provisions of Sections 54 and
55, and credit the proceeds, if any, to the defaulter's accounts.

Demands Responsibility for Land Revenue Forfeiture of Occupancy or Alienated
Holding
160. Distraint and sale of defaulter's movable property. By whom to be

made.
The Deputy Commissioner may also cause the defaulter's movable property to be
distrained and sold. Such distraint shall be made by such Officers or class of
Officers as the [Revenue Commissioner] .{Substituted for the word "Government"
by Act No. VI of 1906} [xxx xxx xxx] .{The words "under the orders of
Government" omitted by Act No. VIII of 1920}may, from time to time, direct.

Demands Responsibility for Land Revenue Sale of Defaulter's Property
161. Sale of defaulter's immovable property.
The Deputy Commissioner may also cause the right, title and interest of the
defaulter in any immovable property, other than the land on which the arrear is
due, to be sold.

162. Exemption from distraint and sale.
All such property as is by the Civil Procedure Code exempted from attachment, or
sale in execution of a decree, shall also be exempted from distraint or sale under
either of the last two preceding sections
The Deputy Commissioner's decision as to what property is so entitled to

exemption shall b6 final.

163. Arrest and detention of defaulter.-x x x x x.] .{Section 163 omitted by

Act No. 1 of 1956}

Demands Responsibility for Land Revenue Arrest and Imprisonment
164. Power of arrest by whom to be exercised.-x x x x x.] .{Section 164 not

printed since this section is consequential to Section 163 which was
omitted by Act No. 1 of 1956}

Demands Responsibility for Land Revenue Arrest and Imprisonment
165. Power to attach defaulter's village and take it under management.
If the holding in respect of which an arrear is due consists of an entire village or

of a share of a village, and the adoption of any of the other processes before
specified is deemed inexpedient, the Deputy Commissioner may, with the
previous sanction of the [Revenue Commissioner,] .{Substituted for the word
"Government" by Act No. VI of 1906}cause such village or share of a village to be
attached, and taken under the management of himself or any agent or Officer
whom he appoints for that purpose.

Demands Responsibility for Land Revenue Attachment of Villages
166. Lands of such village to revert to Government free of encumbrances.
[(1) The lands of any village or share of a village so attached shall revert to
Government unaffected by the acts of the superior holder or of any of the
sharers, or by any charges or liabilities subsisting against such lands or against
such superior holder or sharers as are interested therein, so far as the public
revenue is concerned, but without any prejudice in other rejects to the rights of
individuals;
and the Deputy Commissioner, or the agent or Officer so appointed, shall be

entitled to manage the lands attached, and to receive all rents and profits
accruing therefrom to the exclusion of the superior holder or any of the sharers
thereof, until the, Deputy Commissioner restores the said superior holder to the
management thereof.] .{Section 166 renumbered as sub-section (1) by Act No. V
of 1934}
["(2) The Deputy Commissioner or the agent or Officer so appointed shall, during
such management, be entitled to recover under the previsions of this Chapter all
such rents or profiles accruing in or after the revenue year in which such
attachment was effected, provided that proceedings for such recovery are taken
within six years from the end of the revenue year for which the said rent or profit
became due.] .{Added by Act No. V of 1934}

167. Application of surplus profits.
All surplus profits of the lands attached, beyond the cost of such attachment and
management, including the payment of the current revenue and the cost of the
introduction of a revenue survey, if the same be introduced under the provisions
of Section 120 of this Act, shall be applied in defraying the said arrear.

168. Restoration of a village so attached.
The village or share of a village so attached shall be released from attachment,

and the management thereof shall be restored to the superior holder, on the said
superior holder making an application to the Deputy Commissioner for that
purpose at any time within twelve years from the 1st April next after the
attachment, if at the time that such application is made it shall appear that the
arrear has been liquidated, or if the said superior holder shall be willing to pay
the balance, if any, still due by him, and shall do so within such period as the
Deputy Commissioner may prescribe in that behalf.
The Deputy Commissioner shall make over to the superior holder the surplus
receipts, if any, which have accrued in the year in which his application for
restoration of the village or share of a village is made, after defraying all arrears
and costs, but such surplus receipts, if any, of previous years shall be at the
disposal of Government.

169. Village, etc., to vest in Government if not redeemed within twelve

years.
If no application be made for the restoration of a village or portion of a village so

attached within the said period of twelve years, or if, after such application has
been made, the superior holder shall fail to pay the balance, if any, still due by
him, within the period prescribed by the Deputy Commissioner in this behalf, the
said village or portion of a village shall thenceforward vest in Government free
from all encumbrances created by the superior holder or any of the sharers or
any of his or their predecessors in title or in any wise subsisting as against such
superior holder or any of the sharers, but without prejudice to the rights of the
actual occupants of the soil.

170. All processes to be stayed on security being given.
Any defaulter detained in custody, or imprisoned, shall forthwith be set at

liberty, and the execution of any process shall, at any time, be stayed, on the
defaulters giving before the Deputy Commissioner or other person nominated by
him for the purpose, or if the defaulter is in jail, before the Officer-in-charge of
such jail, security in the form of Schedule D satisfactory to the Deputy
Commissioner, or to such other person or Officer.
And any person against whom proceedings are taken under this Chapter may pay
the amount claimed, under protest, to the Officer taking such proceedings, and
upon such payment the proceedings shall be stayed, and the person, if in custody,
shall be forthwith set at liberty.

Demands Responsibility for Land Revenue Stay of Proceedings
171. Procedure in effecting sales.
When any sale of either movable or immovable property is ordered under the
provisions of this Chapter, the Deputy Commissioner shall issue a proclamation
in Kanarese of the of the intended sale, specifying the time and place of sale, and
in the case of movable property, whether the sale is subject to confirmation or
not, and, when land paying revenue to Government is to be sold, the revenue
assessed upon it, together with any other particulars he may think necessary.
Such proclamation shall be made by beat of drum at the headquarters of the

taluk, and in the village in which the immovable property is situate, if the sale be
of immovable property; if the sale be of movable property, the proclamation shall
be made in the village in which such property was seized, and in such other
places as the Deputy Commissioner may direct.

Demands Responsibility for Land Revenue Procedure in respect of Sales
172. Notification of sale.
A written notice of the intended sale of immovable property, and of the time and
place thereof, shall be affixed in each of the following places, viz., the office of the
Deputy Commissioner of the district, the office of the Amildar or Deputy Amildar
of the taluk in which the immovable property is situate, the chavadi or some
other public building in the village in which it is situate and the defaulter's
dwelling place.
In the case of movable property, the written notice shall be affixed in the
Amildar's or Deputy Amildar's Office, and in the chavadi or some other public
building in the village in which such property was seized.
The Deputy Commissioner may also cause notice of any sale, whether of movable
or immovable property to be published in any other manner that he may deem
fit.

173. Sales by whom to be made.
Sales shall be made by auction by such persons as the Deputy Commissioner may
direct.
No such sale shall take place on a general holiday recognized by Government, nor
until after the expiration of at least thirty days in the case of immovable property,
or seven days in the case of movable property, from the latest date on which any
of the said notices shall have been affixed as required by the last preceding
section.
The sale may, from time to time, be postponed for any sufficient reason.

174. Sale of perishable articles.
Nothing in the last three sections applies to the sale of perishable articles. Such
articles shall be sold by auction with the least possible delay, in accordance with
such orders as may, from time to time, be made by the Deputy Commissioner
either generally or specially in that behalf.

175. When sale may be stayed.

If the defaulter, or any person on his behalf, pay the arrear in respect of which
the property is to be sold, and all other charges legally due by him, at any time
before the property is knocked down, to the person appointed under Section 152
to receive payment of the land revenue due, or to the Officer appointed to
conduct the sale, or if he furnish security under Section 170, the sale shall be
stayed.

176. Sales of movable property when liable to confirmation.
Sales of perishable articles shall be at once finally concluded by the Officer

conducting such sales. All other sales of movable property shall be finally
concluded by the Officer conducting such sales, or shall be subject to
confirmation, as may be directed in orders to be made by the Deputy
Commissioner either generally or specially in that behalf. In the case of sales
made subject to confirmation, the Deputy Commissioner shall direct by whom
such sales may be confirmed.

177. Mode of payment for movable property when sale is concluded at

once.
When the sale of any movable property is finally concluded by the Officer
conducting the same the price of every lot shall be paid for at the time of sale, or
as soon after as the said Officer shall direct, and in default of such payment, the
property shall forthwith be again put up and sold. On payment of the purchase
money, the Officer holding the sale shall grant a receipt for the same, and the sale
shall become absolute as against all persons whomsoever.

178. Mode of payment for movable property when sale is subject to

confirmation.
When the sale of any movable property is subject to confirmation, the party who
is declared to be the purchaser shall be required to deposit immediately twenty-
five percentum on the amount of his bid, and in default of such deposit, the
property shall forthwith be again put up and sold. The full amount of purchase
money shall be paid by the purchaser before sunset of the day after he is
informed of the sale having been confirmed, or if the said day be an authorized
holiday, then before sunset of the first office day after such day. On payment of
such full amount of the purchase money, the purchaser shall be granted a receipt
for the same and the sale shall become absolute as against all persons
whomsoever,

179. Deposit by purchaser in case of sale of immovable property.
In all cases of sale of immovable property, the party who is declared to be the
purchaser shall be required to deposit immediately twenty-five per centum on
the amount of his bid, and, in default of such deposit, the property shall forthwith
be again put up and sold.

180. Purchase money when to be paid.
The full amount of purchase money shall be paid by the purchaser before sunset
of the fifteenth day from that on which the sale of the immovable property took
place, or if the said fifteenth day be an authorized holiday, then before sunset of
the first office day after such fifteenth day.

180-A. Permission to purchase by party entitled to payment of money.
Notwithstanding anything contained in Sections 179 and 180, the party entitled
to the payment of the money for recovery of which a sale of immovable property
is held, may apply to the Deputy Commissioner for permission to purchase such
property which may be granted subject to such rules as may be prescribed by the
Government in this behalf, and where a party purchases with such permission,
the purchase money due by him and the amount for the recovery of which the
sale is held may be set off against one another.] .{Added by Act No. IV of 1936}

181. Effect of default.
In default of payment within the prescribed period of the full amount of purchase
money, whether of movable or immovable property, the deposit, after defraying
thereout the expenses of the sale [shall, at the discretion of the Deputy
Commissioner, be liable to be forfeited to Government either wholly or in part]
.{Substituted by Act No. II of 1916} and the property shall be resold, and the
defaulting purchaser shall forfeit all claim to the property or to any part of the
sum for which it may be subsequently sold.

182. Liability of purchaser for loss by resale.
If the proceeds of this [resale which is held by reason of the purchaser's default]
.{Substituted by Act No. II of 1916} be less than the price bid by such defaulting
purchaser, the difference shall be recoverable from him by the Deputy
Commissioner as an arrear of land revenue.

183. Notification before resale.
Every resale of property in default of payment of the purchase money, or after

postponement of the first sale, shall, except when such resale takes place
forthwith, be made after the issue of a fresh notice in the manner prescribed for
original sales.

183-A. Setting aside sale on deposit of solatium to the purchaser and

arrears and arrears by person interested.
(1) Any person owning or claiming any interest in immovable property sold
under this Act may, at anytime within 30 days from the date of sale, deposit in
the treasury of the taluk in which the immovable property is situate.
(a) a sum equal to 5 percentum of the purchase money; and
(b) a sum equal to the arrears of revenue for which the immovable property was
sold together with interest thereon and the expenses of attachment,
management, and sale and other costs due in respect of such arrears; and may
apply to the Deputy Commissioner to set aside the sale.
(2) If such deposit and application are made within 30 days from the date of sale,
the Deputy Commissioner shall pass an order setting aside the sale and shall
repay to the purchaser the purchase money so far as it has been deposited,
together with the 5 percentum deposited by the applicant; provided that if more
persons than one have made deposits and applied under this section, the
application of the first depositor to the Officer authorised to set aside the sale
shall be accepted.
(3) If a person applies, under Section 184, to set aside the sale of immovable
property, he shall riot, unless he withdraws that application, be entitled to make
or prosecute an application under this section.] .{Added by Act No. V of 1926}

184. Application to set aside sale.
At any time within thirty days from the date of the sale of immovable property,
application may be made to the Deputy Commissioner to set aside the sale on the
ground of some material irregularity, or mistake, or fraud, in publishing or
conducting it; but, except as is otherwise provided in the next following section,
no sale shall be set aside on the ground of any such irregularity or mistake,
unless the applicant proves to the satisfaction of the Deputy Commissioner that
he has sustained substantial injury by reason thereof.
If the application be allowed, the Deputy Commissioner shall set aside the sale,
and direct a fresh one.

185. Order confirming or setting aside sale.
On the expiration of thirty days from the date of the sale, if no such application as
is mentioned in the last preceding section has been made, or if such application
has been made and rejected, the Deputy Commissioner shall make an order
confirming the sale:
Provided that, if he shall have reason to think that the sale ought to be set aside
notwithstanding that no such application has been made, or on grounds other
than those alleged in any application which has been made and rejected, he may,
after recording his reasons in writing [and on such conditions as he may deem
proper concerning the payment of interest on the money deposited or other
compensation] .{Inserted by Act No. II of 1916}set aside the sale.

186. Refund of deposit of purchase money when sale is set aside.
Whenever the sale of any property is not confirmed, or is set aside, the purchaser
shall be entitled to receive back his deposit or his purchase money, as the case
may be.

187. On confirmation of sale, purchaser to be put in possession. Certificate

of purchase.
After a sale of any occupancy or alienated holding has been confirmed in manner
aforesaid, the Deputy Commissioner shall put the person declared to be the
purchaser into possession of the land included in such occupancy or alienated
holding, and shall cause his name to be entered in the revenue records as
occupant or holder in lieu of that of the defaulter, and shall grant him a certificate
to the effect that he has purchased the occupancy or alienated holding to which
the certificate refers.

187-A. Application to Civil Court by purchaser resisted in taking

possession.
Where any lawful purchaser of immovable property sold under Section 161 or by
the operation of Section 193 is resisted or obstructed by any person in obtaining
possession of the property, he may make an application together with the
certificate of sale granted under Section 187 to the Civil Court having jurisdiction
over the property, complaining of such resistance or obstruction. Such Court

shall proceed to investigate the matter as if the property were purchased by the
applicant at a sale held by that Court.] .{Added by Act No. XVII of 1928}

188. Bar of suit against certified purchaser.
The certificate shall state the name of the person declared at the time of sale to
be the actual purchaser, and any suit brought in a Civil Court against the certified
purchaser on the ground that the purchase was made on behalf of another
person not the certified purchaser though by agreement the name of the certified
purchaser was used, shall be dismissed.

189. Application of proceeds of sale.
When any sale of movable property under this Chapter has become absolute, and
when any sale of immovable property has been confirmed, the proceeds of the
sale shall be applied to defraying the expenses of the sale and to the payment of
any arrears due by the defaulter at the date of the confirmation of such sale and
recoverable as an arrear of land revenue;
and the surplus, if any, shall be paid to the person whose property has been sold.
The expense of the sale shall be estimated at such rates and according to such
rules as may, from time to time, be sanctioned by [the Revenue Commissioner
under the orders of Government.] {Substituted for the word "Government" by Act
No. XVI of 1906}

190. Surplus not to be paid to creditors except under order of Court.
The said surplus shall not, except under an order of a Civil Court, be payable to
any creditor of the person whose property has been sold.

191. Liability of purchaser for revenue.
The person named in the certificate of title as purchaser of any land shall be
liable for all instalments of land revenue becoming due in respect of such land
subsequently to the date of sale.

192. Claims to attached to movable property how to be disposed of.
If any claim shall be set up by a third person to movable property attached under
the provisions of this Chapter, the Deputy Commissioner shall admit or reject his
claim on a summary inquiry held after reasonable notice. If the claim be admitted
wholly or partly, the property shall be dealt with accordingly. Except in so far as
it is admitted, the property shall be sold and the title of the purchaser shall be
good for all purposes, and the proceeds shall be disposable as hereinbefore
directed.

193. What moneys leviable under the provisions of this Chapter.
All sums due on account of the land revenue, all quit-rents, and forfeitures, and
all cesses, profits from land, emoluments, fees, charges, penalties, fines, costs and
interest payable or leviable under this Act or under any Act, rule or order hereby
repealed, or under any Act or Regulation for the time being in force relating to
land revenue [and all moneys falling due to Government under any grant, lease,
security bond, or contract which provides that they shall be recoverable as a
revenue demand or arrear of land revenue;] .{Inserted by Act No. VI of 1905}
and all moneys due by any contractor for the farm of customs duties, or of any
other duty or tax, or of any other item of revenue whatsoever, and all specific
pecuniary penalties, to which any such contractor renders himself liable under
the terms of his agreement;
[and all sums due from a tenant in an alienated village as contribution, in respect
of any irrigation work, under a contract which provides that they shall be
recoverable as arrears of land revenue;] .{Inserted by Act No. XVII of 1939}
and also all sums declared by this Act or by any other law at the time being in
force to be leviable as assessment or as a revenue demand or as an arrear of land
revenue;
shall be levied under the foregoing provisions of this Chapter.
And in the event of the resumption of any such farm as is aforesaid, no person
shall be entitled to credit for any payment which he may have made to the
contractor in anticipation.
[xxx xxx xxx] {This para repealed by Act No. VI of 1905}

Demands Responsibility for Land Revenue Application of the provisions of this
Chapter
193-A. Recovery of arrears accruing in C. and M. station, Bangalore.-x x x x

x.] .{Section 193-A omitted by Act No. 1 of 1956}

Chapter
194. Power of Government to make rules as to advances made.
The Government may, from time to time, prescribe rules as to advances to be

made to the holders of arable land for the relief of distress, the purchase of seed
or cattle, or, any other purpose not specified in [the Land Improvement Loans
Act, 1890,] .{Substituted for the words and figures "the Land Improvement Act,
1871" by Act No. IV of 1890}but connected with agricultural objects.
Every such advance shall, when it becomes due, be recoverable, with the interest,
if any, accrued due thereon, from the person to whom such advance was made, or
from any person who had become surety for the repayment thereof, as if it were
an arrear of land revenue due by the person to whom the advance was made or
by his surety.

Chapter
195. Subordination of Revenue Officers.
In all official acts and proceedings, a Revenue Officer shall, in the absence of any
express provision of law to the contrary, be subject, as to the place, time and
manner of performing his duties, to the direction and control of the Officer to
whom he is subordinate.
CHAPTER XII Procedure of Revenue Officers Application of the provisions of this

Chapter
196. Power to summon persons to give evidence and produce documents.
(1) Every Revenue Officer not lower in rank than a Deputy Amildar, or an
Assistant Superintendent of survey, in their respective departments, shall have
power to summon any person whose attendance he considers necessary either to
be examined as a party, or to give evidence as a witness, or to, produce
documents for the purposes of any enquiry which such Officer is legally
empowered to make.
A summons to produce documents may be for the production of certain specified

documents, or for the production of all documents of a certain description in the
possession of the person summoned.
(2) Any person so summoned shall be bound to attend either in person or by an

authorized agent as directed in the summons, and, when the summons directs
the production of a document or thing, to cause its production.
Any person summoned merely to produce a document or other thing shall be

deemed to have complied with the summons by causing the production of such
document or thing instead of attending personally to produce the same.
(3) And all persons summoned to attend shall be bound to state the truth upon
any subject respecting which they are examined or make statements, and to
produce such documents and other things as may be required.

Chapter
197. Witness may be examined on commission under certain

circumstances.
When the person whose evidence may be required is unable from sickness or
infirmity to attend before the Officer issuing the summons, or is a person whom,
by reason of rank or sex, it may not be proper to summon, the Officer issuing the
summons may, of his own motion or on the application of the party whose
evidence is desired, dispense with the appearance of such person, and order him
to be examined by a subordinate deputed by such Officer for the purpose.

Chapter
198. Summons to be in writing, signed and sealed.
Every summons shall be in writing, in duplicate, and shall state the purpose for
which it is issued, and shall be signed by the Officer issuing it, and, if he have a
seal, shall also bear his seal; it shall require the person summoned to appear
before the said Officer at a stated time and place, and shall specify whether his
attendance is required for the purpose of giving evidence or to produce a
document, or for both purposes.
It shall be served by tendering or delivering a copy of it to the person summoned,

or, if he cannot be found by leaving a copy of it with some adult member of his
family residing with him, or by affixing a copy of it to some conspicuous part of
his usual residence.
If his usual residence be in another district, the summons may be sent by post to
the Deputy Commissioner of that district, who shall cause it to be served in
accordance with the preceding clause of this section.

Chapter
199. Mode of serving notice.
Every notice under this Act, unless it is otherwise expressly provided, shall be
served either by tendering or delivering a copy thereof to the person on whom it
is to be served, or to his agent, if he have any, or by affixing a copy thereof to
some conspicuous place on the land, if any, to which such notice refers.
No such notice shall be deemed void on account of any error in the name or
designation of any person referred to therein, unless when such error has
produced substantial injustice.

Chapter
200. Procedure for procuring attendance of witnesses.
In any formal or summary inquiry, if any party desires the attendance of

witnesses, he shall follow the procedure prescribed by [the Code of Civil
Procedure, 1908 (Central Act V of 1908).] .{Substituted for the words and figures
"the Code of Civil Procedure, Section 160" by Act No. 1 of 1956}

Chapter
201. Mode of taking evidence in formal inquiries.
In all formal inquiries, the evidence shall be taken down in full, in writing, in
Kanarese, by, or in the presence and hearing and under the personal
superintendence and direction of, the Officer making the investigation or inquiry,
and shall be signed by him.
In cases in which the evidence is not taken down in full in writing by the Officer
making the inquiry, he shall, as the examination of each witness proceeds, make a
memorandum of the substance of what such witness deposes, and such
memorandum shall be written and signed by such Officer with his own hand, and
shall form part of the record.
If such Officer is prevented from making a memorandum as above required, he

shall record the reason of his inability to do so.
When the evidence is given in English, such Officer may take it down in that
language with his own hand, and an authenticated translation of the same in
Kanarese shall be made and shall form part of the record.
CHAPTER XII Procedure of Revenue Officers Formal Inquiry
202. Writing and explanation of decisions.
Every decision, after a formal inquiry, shall be written by the Officer passing the
same in his own handwriting, and shall contain a full statement of the grounds on
which it is passed.
CHAPTER XII Procedure of Revenue Officers Formal Inquiry
203. Summary inquiries, how to be conducted.
In summary inquiries, the presiding Officer shall himself, as any such inquiry
proceeds, record a minute of the proceedings in his own hand in English or in
Kanarese, embracing the material averments made by the parties interested, the
material parts of the evidence, the decision and the reasons for the same:
Provided that it shall at any time be lawful for such Officer to conduct an inquiry
directed by this Act to be summary under all or any of the rules applicable to a
formal inquiry, if he deems fit.
CHAPTER XII Procedure of Revenue Officers Summary Inquiry

204. Formal and summary inquiries to be deemed judicial proceedings.
A formal or summary inquiry under this Act shall be deemed to be a "judicial

proceeding" within the meaning of Sections 193, 219 and 228 of the Indian Penal
Code, and the office of any authority holding a formal or summary inquiry shall
be deemed a Civil Court for the purposes of such inquiry.
Every hearing and decision, whether in a formal or summary inquiry, shall be in

public, and the parties or their authorized agents shall have due notice to attend.
205. Ordinary inquiries how to be conducted.
An inquiry which this Act does not require to be either formal or summary, or
which any Revenue Officer may, on any occasion, deem to be necessary to make,
in the execution of his lawful duties, shall be conducted according to such rules
applicable thereto, whether general or special, as may have been prescribed by
the Government, or an authority superior to the Officer conducting such inquiry,
and, except in so far as controlled by such rules, according to the discretion of the
Officer in such way as may seem best calculated for the ascertainment of all
essential facts and the furtherance of the public good.
206. Copies and translation, etc., how to be obtained.
In all cases in which a formal or summary inquiry is made, authenticated copies

and translations of decisions, orders and the reasons therefor, and of exhibits,
shall be furnished to the parties, and original documents used as evidence shall
be restored to the persons who produced them or to persons claiming under
them, on due application being made for the same, subject to such charges for
copying, etc., as may, from time to time, be authorized by Government.
207. Arrest of defaulter to be made upon warrant.
Whenever it is provided by this Act that a defaulter or any other person may be
arrested, such arrest shall be made upon a warrant issued by any Officer
competent to direct such person's arrest.
208. Power of Revenue Officer to enter upon any land or premises for
purpose of measurement, etc.
It shall be lawful for any Revenue Officer, at anytime, from time to time, to enter,
when necessary, for the purposes of measurement, fixing, or inspecting
boundaries, classification of soil, or assessment, or for any other purpose
connected with the lawful exercise of the office under the provisions of this Act,
or of any other law for the time being in force relating to land revenue, any lands
or premises, whether belonging to Government or private individuals, and
whether fully assessed to the land revenue or partially or wholly exempt from
the same:
Provided always that no building used as human dwelling shall be entered,

unless with the consent of the occupier thereof, without a notice having been
served at the said building not less than seven days before such entry, and
provided also that, in the cases of buildings of all descriptions, due regard shall
be paid to the social and religious prejudices of the occupiers.
209. Deputy Commissioner how to proceed in order to evict any person

wrongfully in possession of land.
Whenever it is provided by this Act, or by any other law for the time being in
force, that the Deputy Commissioner may, or shall, evict any person wrongfully in
possession of land, such eviction shall be made in the following manner, viz.,
by serving a notice on person or persons in possession requiring them within

such time as may appear reasonable after receipt of the said notice to vacate the
land; and
if such notice is not obeyed, by removing, or deputing a subordinate to remove,

any person who may refuse to vacate the same; and, [it shall be lawful for the
purposes of eviction to use such force as may be necessary;] .{Inserted by Act No.
1 of 1956}
if the Officer, removing any such person shall be resisted or obstructed by any
person, the Deputy Commissioner shall hold a summary inquiry into the facts of
the case, and if satisfied that the resistance or obstruction was without any just
cause, and that such resistance and obstruction still continue, [it shall be lawful
to arrest such person, and he shall be produced or caused to be produced before
the nearest Magistrate within a period of twenty-four hours of such arrest
excluding the time necessary for the journey from the place of arrest to the Court
of the Magistrate and no such person shall be detained in custody beyond the
said period without the authority of a Magistrate and on such production, the
Magistrate may, after such enquiry as he thinks fit, order him to be confined in
Civil Jail for such period not exceeding thirty days, as may be necessary to
prevent the continuance of obstruction or resistance by such person:
Provided that the Deputy Commissioner may, instead of proceeding as aforesaid,

institute proceedings against him under the Indian Penal Code (Central Act XLV
of 1860) for the punishment of such obstruction or resistance.] .{Substituted for
the words "may without prejudice to any proceedings to which such person may
be liable under any law for the time being in force for the punishment of such
resistance or obstruction, issue a warrant for the arrest of the said person and,
on his appearance, commit him to close custody in the office of the Deputy
Commissioner or any Amildar or Deputy Amildar, or send him with a warrant, in
the form of Schedule H, for imprisonment in the Civil Jail of the district for such
period not exceeding thirty days, as may be necessary to prevent the continuance
of such obstruction or resistance" m by Act No. 1 of 1956}

210. Appeal to lie from any order passed by a Revenue Officer to his
superior.
(1) In the absence of any express provision of this Act or of any law for the time
being in force to the contrary, an appeal shall lie from any decision or order
passed by a Revenue Officer under this Act, or any other law for the time being in
force, to that Officer's immediate superior authority, whether such decision or
order may itself have been passed on appeal from a subordinate Officer's
decision or order or not.
[(1-A) Where Government have issued a commission to any holder of alienated

lands under Section 99, an appeal shall lie from any decision or order, passed by
such holder in exercise of the powers conferred upon him.
(i) to the Assistant Commissioner of the Sub-division in which the alienated land
is situate, when the holder exercises the powers of an Amildar, and
(ii) to the Deputy Commissioner of the District when the holder exercises the
powers of the Deputy7 Commissioner.] .{Added by Act No. XVIIof 1928.}
[(2) No appeal shall lie to Government from an appellate decision or order

passed by the Revenue Commissioner except on a point of law or usage having
the force of law:] .{Added by Act No. VI of 1906}
CHAPTER XIII Appeals and Revision Summary Inquiry
210-A. Power to Government to withdraw appeals from the Revenue

Commissioner.
Notwithstanding anything contained in this Act, the Government may at any

stage withdraw any appeal or class of appeals pending before the Revenue
Commissioner, and dispose of the same, or retransfer the same for disposal to
the Revenue Commissioner.] .{Added by Act No. I of 1909}
211. Period within which appeal must be brought.
No appeal shall be brought after the expiration of thirty days if the decision or
order complained of have been passed by an Officer inferior in rank to a Deputy
Commissioner or a Superintendent of survey in their respective departments,
nor after the expiration of ninety days in any other case.
In computing the above periods, the time required to prepare a copy of the
decision or order appealed against shall be excluded.
212. Admission of appeal after period of limitation.
Any appeal under this Chapter may be admitted after the period of limitation
prescribed therefor, when the appellant satisfies the authority to which he
appeals that he had sufficient cause for not presenting the appeal within such
period.
No appeal shall lie against an order passed under this section admitting an
appeal.
213. Provision, where last day for appeal falls on a holiday.
Whenever the last day of any period provided in this Chapter for the
presentation of an appeal falls on a holiday recognized by Government, the day
next following the close of the holiday shall be deemed to be such last day.
214. Copy of order to accompany petition of appeal.
Every petition of appeal shall be accompanied by the decision or order appealed

against, or by an authenticated copy of the same.
215. Powers of Appellate Authority.
The Appellate Authority may either annul, reverse, modify or confirm the
decision or order of the subordinate Officer appealed against, or he may direct
the subordinate Officer to make such further investigation or take such
additional evidence as he may think necessary, or he may himself take such
additional evidence.
216. Power to suspend execution of order of subordinate Officer.
In any case in which an appeal lies, the Appellate Authority may, pending
decision of the appeal, direct the execution of the decision or order of the
subordinate Officer to be suspended.
217. Power to call for and examine the records and proceedings of
subordinate Officers.
The Government and any Revenue Officer not inferior in rank to a Deputy
Commissioner or a Superintendent of Survey, in their respective departments,
may call for and examine the record of any inquiry or the proceedings of any
Revenue Officer subordinate to it or him, for the purpose of satisfying itself or
himself as to the legality or propriety of any decision or order passed, and as to
the regularity of the proceedings of such Officer.
The following Officers may in the same manner call for and examine the
proceedings of any Officer subordinate to them in any matter in which neither a
formal nor a summary inquiry has been held, namely
an Assistant Commissioner, an Amildar, a Deputy Amildar, an Assistant

Superintendent of Survey and an Assistant Settlement Officer.
If, in any case, it shall appear to the Government or to such Officer as aforesaid,
that any decision or order or proceedings so called for should be modified,
annulled or reversed, the Government or such Officer may pass such order
thereon as it or he deems fit.
218. Rules as to decisions or orders expressly made final.
Whenever in this Act it is declared that a decision or order shall be final, such
expression shall be deemed to mean that no appeal lies from such decision or
order.
The Government alone shall be competent to modify, annul, or reverse, any such
decision or order under the provisions of the last preceding section.
219. Interpretation clause.
In this Chapter, unless there be something repugnant the subject or context.
"Land" includes the sites of villages, towns and cities; it also includes trees,
growing crops and grass, fruit upon, and juice in, trees, rights of way, ferries and
fisheries;
"Land revenue" means all sums and payments in money or in kind received or
claimable by, or on behalf of, Government, from any person on account of land
held by, or vested in, him, and any cess or rate authorized by Government under
the provisions of any law for the time being in force.
CHAPTER XIV Revenue Jurisdiction Summary Inquiry
220. Saving of provisions of Pensions Act
Nothing in this Chapter shall affect any of the provisions of Act XXIII of 1871 (The
Pensions Act).
221. Bar of certain suits.
Subject to the exceptions hereinafter appearing, and except as hereinbefore

expressly provided, no Civil Court shall exercise jurisdiction as to any of the
following matters.
(a) claims against Government relating to any property, appertaining to the office
of any hereditary Officer appointed or recognized by Government or of any other
Village Officer or servant; or
claims to perform the duties of any such Officer or servant or in respect of any
injury caused by exclusion from such office or service; or
suits to set aside or avoid any order relating to such office or service or such
officer or servant, which may be passed by Government, or any officer duly
authorised in that behalf; or
claims against Government relating to lands declared by Government, or any

officer duly authorized in that behalf, to be held for any service whatsoever;
(b) objections.
to the amount or incidence of any assessment of land revenue authorized by

Government, or to the mode of assessment, or to the principle on which such
assessment is fixed; or
to the validity or effect of the notification of survey or settlement, or of any

notification determining the period of settlement;
(c) claims connected with or arising out of any proceedings for the realization of
land revenue, or, the rendering of assistance by Government, or any Officer duly
authorized in that behalf, to superior holders for the recovery of their dues from
inferior holders; or
claims to set aside on account of irregularity, mistakes or any other ground

except fraud, sales for arrears of land revenue;
(d) claims against Government.
(1) to be entered in the revenue survey or settlement records or village papers as

liable for the land revenue, or as superior holder, inferior holder, occupant or
tenant; or
(2) to have any entry made in any record of a revenue survey or settlement; or
(3) to have any such entry either omitted or amended;
(e) the distribution of land or allotment of land revenue on partition of any estate
under Bombay Act IV of 1868, or under this Act, or under any other law for the
time being in force;
(f) claims against Government to hold land wholly or partially free from payment
of land revenue; or
to receive payments charged on or payable out of the land revenue; or
to set aside any cess or rate authorized by Government under the provisions of
any law for the time being in force; or
respecting the occupation of waste or vacant land belonging to Government;
(g) claims regarding boundaries fixed under Bombay Act I of 1865 or under this
Act, or under any other law for the time being in force;
or to set aside any order passed by a competent Officer under any such law with
regard to boundary marks:
Provided that if any person claim to hold land wholly or partially exempt from
payment of land revenue under.
(h) any enactment or rules having the force of law for the time being in force
expressly creating an exemption not before existing in favour of an individual, or
of any class of persons, or expressly confirming such an exemption on the ground
of its being shown in a public record, or of its having existed for a specified term
of years, or
Illustrations to (h)
(1) It is enacted that when a specific limit to assessment has been established,
and preserved, the assessment shall not exceed such specific limit. A is the owner
of land worth Rs. 100 for assessment. He claims to be assessed at Rs. 50 only on
the strength of a course of dealing with him and his predecessors under which
his land has not been more highly assessed. There is no exemption not before
existing created by enactment, and A's claim is not cognizable in a Civil Court.
(2) It is enacted that land revenue shall not be leviable from any land held and
entered in the land register as exempt. 1A claims to hold certain land as exempt
on the ground that it has been so held by him and is so entered in the land
register. This is an exemption expressly confirmed by enactment on the ground
of its being shown in a public record, and A's claim is cognizable in a Civil Court.
(3) It is enacted that a Deputy Commissioner shall confirm existing exemptions

of all lands shown in certain maps to be exempt. A claims exemption alleging that
his land is shown in the maps to be exempt. A's claim is cognizable in a Civil
Court.
(4) It is enacted that assessment shall be fixed with reference to certain

considerations and not with reference to others. This is not an enactment
creating an exemption in favour of any individual or class, and no objection to an
assessment under such an enactment is cognizable in a Civil Court.
(5) It is enacted that, in the event of the proprietory right in lands, the property
of Government, being transferred to individuals they shall be permitted to hold
the lands for ever at the assessment at which they are transferred. The
proprietary right in certain land is transferred to A at an assessment of Rs. 100.
An exemption from higher assessment not before existing is expressly created in
favour of A by enactment, and he may seek relief in the Civil Court against over
assessment.
(i) any written grant from the Government expressly creating or confirming such
exemption, such claim shall be cognisable in the Civil Courts.'
222. Saving of certain suits.
Nothing in the preceding section shall be held to prevent the Civil Courts from
entertaining the following suits.
(a) suits against Government to contest the amount claimed or paid under
protest or recovered as land revenue, on the ground that such amount is in
excess of the amount authorised in that behalf by Government, or that such
amount had, previous to such claim, payment, or recovery, been satisfied, in
whole or in part, or that the plaintiff, or the person whom he represents, is not
the person liable for such amount;
(b) suits between private parties for the purpose of establishing any private right
although it may be effected by any entry in any record of a revenue survey or
settlement, or in any village papers;
(c) suits between superior holders and inferior holders relating to matters not
otherwise expressly provided for by this Act.
And nothing in clause (g) of the preceding section shall be held to prevent the
Civil Courts entertaining suits, other than suits against Government for
possession of any land being a whole survey number or a recognized share of a
survey number.
223. Bar of certain suits against Revenue Officers.
Revenue Officers shall not be liable to be sued for damages in any Civil Court for
any act bona fide done or ordered to be done by them as such, in pursuance of
the provisions of any law for the time being in force.
If any Revenue Officer absconds or does not attend when called on by his Official
Superior, and if the Deputy Commissioner, of the district proceeds against him or
his sureties for public money, papers or property, according to the provisions of
this Act, or of any law for the time being in force, such Deputy Commissioner
shall not be liable to pay damages or costs in any suit brought against him by
such Officer or sureties, although it appears that a part only, or no part whatever,
of the sum demanded was due from the Officer so absconding or failing to attend,
or that he was not in possession of the papers or property demanded of him.
224. Punishment or prosecution of Revenue Officer, no bar to civil

remedies.
Nothing in. any law for the time being in force, which authorizes the punishment
departmentally of any Revenue Officer for any offence or breach of duty, or
which sanctions his prosecution criminally for such offences or breach, shall be
held to bar any remedy which may be had in the Civil Court against such Officer.
225. Suits not to be entertained unless plaintiff has exhausted right of

appeal.
No Civil Court shall entertain any suit against Government on account of any act
or omission of any Revenue Officer, unless the plaintiff first proves that,
previously to bringing his suit, he has presented all such appeals allowed by the
law for the time being in force as, within the period of limitation allowed for
bringing such suit, it was possible to present.
226. Power of Government to refer questions for decision of High Court.
If in the trial or investigation of any suit, claim or objection which, but for the
provisions of this Chapter, might have been tried or investigated by a Civil Court,
or in any appeal against orders passed in such trail or investigation, there arises
any question on which the Government, whether upon its own motion, or upon
the recommendation of the Deputy Commissioner, or upon the application of the
party interested, desires to have the decision of the [High Court,] .{Substituted
for the words "Chief Court" by Act No. XII of 1930}the Government may cause
statement of the question to be prepared, and may refer such question for the
decision of the [High Court.] .{Substituted for the words "Chief Court" by Act No.
XII of 1930}
The [High Court] .{Substituted for the words "Chief Court" by Act No. XII of
1930}shall fix an early day for the hearing of the question referred, and cause
notice of such day to be placed in the Court-house.
The parties to the case may appear and be heard in the [High Court] .{Substituted
for the words "Chief Court" by Act No. XII of 1930} in person, or by their
Advocates or Pleaders.
The [High Court,] .{Substituted for the words "Chief Court" by Act No. XII of
1930} when it has heard and considered the case, shall send a copy of its
decision, with the reasons therefor, under the seal of the Court to the
Government by which the reference was made and the case shall be disposed of
conformably to such decision.
If the [High Court] .{Substituted for the words "Chief Court" by Act No. XII of
1930} considers that any such statement is imperfectly framed, the [High Court]
.{Substituted for the words "Chief Court" by Act No. XII of 1930}may return it for
amendment.
The costs (if any) consequent on any such reference shall be dealt with as the
[High Court] .{Substituted for the words "Chief Court" by Act No. XII of 1930}in
each case directs.
227. Power of Civil Judge to refer questions of jurisdiction to High Court.

If, in any suit instituted, or in any appeal presented, in a Civil Court, the judge
doubts whether he is precluded, by this Chapter from taking cognizance of the
suit or appeal, he may refer the matter to the [High Court.] .{Substituted for the
words "Chief Court" by Act No. XII of 1930}
The [High Court] .{Substituted for the words "Chief Court" by Act No. XII of
1930}may order the Judge making the reference either to proceed with the case
or to return the plaint.
The order of the [High Court] .{Substituted for the words "Chief Court" by Act No.
XII of 1930}on any such reference shall be final.
228. Composition of Bench.
If the [High Court] .{Substituted for the words "Chief Court" by Act No. XII of
1930}consists of three or more Judges, every reference under Sections 226 or
227 shall be heard by a Bench consisting of such number of Judges, not less than
three, as the Chief Justice from time to time directs.
229. Reference of Government suits to District Judge.-x x x x x.
230. Privileges of Government in suits defended by it.-x x x x x.] .{Sections

229 and 230 omitted by Act No. 1 of 1956}
231. Applicability to kayamgutta villages of provisions relating to alienated

villages.
All the provisions of the Act relating to alienated villages shall apply to
Kayamgutta villages, i.e., villages held on an assessment permanently fixed.
CHAPTER XV Miscellaneous Summary Inquiry
232. Maps and land registers and village accounts etc., open to inspection.
Subject to such rules and the payment of such fees as the Government may from
time to time prescribe in this behalf, all maps and survey records, and all village
accounts and land registers, shall be open to the inspection of the public at
reasonable hours, and certified extracts from such maps, registers and accounts,
or certified copies thereof, shall be given to all persons applying for the same.
233. Power of Government to frame rules.
The Government may, from time to time, make and, from time to time, vary, or
rescind, rules or orders not inconsistent with this Act.
(a) determining the qualifications to be required of all members of

establishments appointed under Section 20;
(b) regulating the power of fining, reducing, suspending and dismissing Revenue
Officers under Section 31;
(c) for the disposak-pf unoccupied Government lands under Section 36;
(d) for the disposal of trees, not the property of the occupant, under Section 41;
(e) prescribing the purposes to which land liable to the payment of land revenue
may be appropriated under Section 48;
(f) regulating the system and manner of assessing land to the land revenue under
Sections 50 and 111;
(g) for the disposal of forfeited occupancies or alienated holdings under Section
54, and of relinquished holdings under Section 71;
(h) regulating the grant of permission to occupy unoccupied land under Section
58;
(i) fixing the maximum amount of fine leviable under Section 59 when land,
which has been unauthorizedly occupied, is appropriated to any non-agricultural
purpose;
(j) for the disposal of the occupancy of alluvial land under Section 61;
(k) for the administration of any survey settlement;
(l) for the disposal of building sites under Section 135;
(m) prescribing the mode, form and manner in which appeals under Chapter XIII
of this Act shall be drawn up and presented;
(n) generally for the guidance of all persons in matters connected with the
enforcement of this Act, or in cases not expressly provided for therein.
Rules or orders made under any of the above clauses (e), (f), (g), (h), (i), (1) or
(n), may be made either generally or in any particular instance.
234. Certain rules to be published.
All general rules or orders made by the Government under the last preceding
section shall be published and when published shall, until cancelled or amended,
have the force of law.

235. Power to provide for penalties.
It shall be lawful for the Government, in making any such general rule, to attach
to the breach of it, in addition to any other consequences which would ensue
from such breach, a punishment, on conviction before a Magistrate, not
exceeding one month's imprisonment of either description within the meaning of
the Indian Penal Code, or five hundred rupees fine, or both.
[236.-xxx xxx xxx.] .{Deleted by Act No. XVII of 1939}
237. Occupants in alienated or kayamgutta villages.
When a survey settlement has been introduced, under the provisions [xxx xxx
xxx] .{Certain words omitted by Act No. XVII of 1939} of any law for the time
being in force, into an alienated or kayamgutta village, the holders of all lands to
which such settlement extends shall have the same rights and be affected by the
same responsibilities in respect of the lands in their occupation as occupants in
unalienated villages have or are affected by, under the provisions of this Act, and
all the provisions of this Act, relating to occupants and registered occupants,
shall be applicable, so far as may be, to them.
[xxx xxx xxx] {Sub-para omitted by Act No. XVII of 1939}
238. Construction of this Act.
Nothing in this Act which applies in terms to unalienated land or to the holders of
unalienated land only, shall be deemed to affect alienated land, or the rights of
holders of alienated land, or of Government in respect of any such land, and no
presumption shall be deemed to arise either in favour, or to the prejudice, of any
holder of alienated land from any provision of this Act in terms relating to
unalienated lanclonly.
239. Savings of power of Government to levy tax, cess or rate,
Nothing in this Act shall be deemed to affect the power of the Government to
direct by law the levy of any tax, cess, or rate, on all lands under whatever title
they may be held whenever and so long as the exigencies of the State may render
such levy necessary.
SCHEDULE A
[See Section 2]
1. Notification of the Government of India No. 83, dated Simla, the 30th April,
1869, introducing into the [whole of the State of Karnataka except Bellary
District] .{See the Karnataka Adaptations of Laws Order, 1953}Bombay Acts I of
1865 and IV of 1868.
2. Notification of the Government of India No. 254, dated 27th August, 1869,
applying to the [whole of the State of Karnataka except Bellary District] .{See the
Karnataka Adaptations of Laws Order, 1953} the provisions of Madras Act III of
1869.
3. Notification of the Government of India No. 123, dated the 24th June, 1872,
regarding the powers of Revenue Courts in the investigation of judicial cases.
4. Rules relating to recovery of rent by proprietors of sarvamanyam jodi and

kayamgutta villagers, published with the late Chief Commissioner's Notification
at page 87 of the Karnataka Gazette, dated 1st May, 1869, as altered by the late
Chief Commissioner's Notification No. 180, dated the 3rd August, 1871.
5. Notification of the late Commissioner relating to the rights of raiyats of Inam

villages dated 25th October, 1843.
6. The late Commissioner's Circular Order No. 522-3, dated 8th June, 1864.
SCHEDULE B
Form of Bon'd to be Required under Section 22
Whereas 1, ...... inhabitant of. .... have been appointed to the office of. . . .and have
been called upon to furnish security under the provisions of Section 22 of the
Karnataka Land Revenue Code, for the due discharge of the trusts of the said
office or of any other office to which I may be hereafter appointed, and for the
due account of all moneys, papers and other property which shall come into my
possession or control by reason of any such office, I hereby bind myself to pay to
the Government of Karnataka the amount of any loss or defalcation in my
accounts and to deliver up any papers or other property within such time and to
such person as shall be demanded by the person at the head of the office to
which I belong, such demand to be in writing and to be left at my office or place
of residence, and in case of my making default therein, I bind myself to forfeit to
the Government of Karnataka the sum of Rupees ............ . .
Dated (Signature)
Form of Security to be Subjoined to the Bond of The Principal

We. ........ .hereby declare ourselves sureties for the abovesaid..... . . . .that he shall
do and perform all that he has above undertaken to do and perform, and in case
of his making default therein we hereby bind ourselves to forfeit to the
Government of Karnataka such sum as shall be deemed sufficient by the. ...... .to
cover any loss or damage which the Government may sustain by reason of such
default.
Dated (Signature)
[SCHEDULE C x x x x x] {. Schedule 'C' omitted by Act No. 1 of 1956.}
SCHEDULE D
Form of Bond to be Required Under Section 27, 103 or 170
Whereas I, .... .have been ordered by .... to (here state the nature of the demand). .
. . .and whereas I dispute the right of the said .... . . to make the said order, I
hereby bind myself to file a suit within fifteen days from the date of this bond in
the District Court of ... .to contest the justice of the demand, and do agree that, in
the event of a decree being passed against me, I will fulfill the same and will pay
all amounts, including costs and interests, that may be due by me, or that if I fail
to institute a suit as aforesaid, I will, when required, pay the above mentioned
amount of .... .Rupees (or will deliver up the above-mentioned papers or property
as the case may be,) and in the case of my making default therein, I hereby bind
myself to forfeit to the Government of Karnataka the sum of .... rupees.
Dated
(Signature)
Form of Security to be Subjoined to the Bond of the Principal
We. ..... .hereby declare ourselves securities for the abovesaid. . ... that he shall do
and perform all that he has above undertaken to do and perform and in case of
his making default therein we hereby bind ourselves to forfeit to the Government
of Karnataka the sum of ..........Rupees.
Dated (Signature)
SCHEDULE E
[See Section 80]
1.-Form of Notice to be given by Landlord to Tenant to quit
To
A.B.
I, do hereby give you notice that I do intend to enter upon, and take possession of
the land (here give the description) which you now hold as tenant under me, and
you are therefore required to quit and deliver up possession of the same at the
end of this current year terminating on the .... .of .... 19. ...
Dated this. ... day of .... 19. ..
(Signed) C.D
II.-Form of Notice to be given by Tenant to Landlord of his Intention to quit.
To
C.D.
I, do hereby give you notice that I shall quit and deliver up to you at the end of
this current year, terminating on the ......... 19. .
. . , the land (here give description) which I hold from you.
Dated this. . . . .day of ... .19.
(Signed) A.B
SCHEDULE F
Form of Commission to be Issued to a Holder of Alienated Lands of Alienated or

Kayamgutta Villages or his Agent under Section 99.
(Seal)
The Government, by virtue of the power vested in it by the Karnataka Land

Revenue Code, is pleased to confer on you Jahgirdar, etc., or agent etc., (as the
case may be,) power to ..... in (or in respect of) the villages and lands specified in
this commission, in the manner prescribed in Section 99 of the said Act.
The villages and lands over which the power thus conferred upon you extends,
are as follows:
(Here enter the description)
The within delegated power is vested in you during the pleasure and subject to
the recall of the said Government of Karnataka.
(Signed)
SCHEDULE G
[See Section 137]
Form of Sannad for Building Sites
(Seal)
The Government of Karnataka
To
Whereas, the Government of Karnataka, with a view to the settlement of the land
revenue and the record and preservation of proprietary and other rights
connected with the soil, has, under the provisions of the Karnataka Land
Revenue Code, directed a survey of the lands within-the-of and ordered the
necessary inquiries connected therewith to be made, this Sannad is issued under
Section 137 of the said Act to the effect that.
There is a certain plot of ground occupied by you in the division of the ... .of ....
registered No. ... .in the map marked sheet No. . ..... and facing towards the .... the
road leading from ... .to . ...... containing about ... . .square yards, and of the
following shape and about the following dimensions.
You are hereby confirmed in the occupancy of the above described ground,
exempt from all land revenue (or subject to the payment of Rs. .... .per annum to
the land revenue).
The terms of your tenure are such that your occupancy is both transferable, and
heritable, and will be continued by the Government of Karnataka without any
objection or question as to title, to whosoever shall, from time to time, be its
lawful holder (subject only to the condition of the payment annually of the above
land revenue according to the provisions of the Karnataka Land Revenue Code or
of any other law for the time being in force, and to the liability to have the said
rate of assessment revised at the expiration of a term of ........ years reckoned from
the .... .and thereafter at successive periods of. .... '.years in perpetuity, and to the
necessity for compliance with the provisions of the law, from time to time, in
force as to the time and manner of payment of the said assessment and to the
liability of forfeiture of the said occupancy and of all rights and interests
connected therewith in case of your failure to pay the said assessment as
required by law.
This Sannad is executed on behalf of the Government of Karnataka by me this. ......

day of. ... one thousand nine hundred and A.D.
(Signed.)
[SCHEDULE H xxxxx.] .{Schedule
[SCHEDULE I [Repealed] .{Schedule T repealed by Section 14 of Act No. VI

0&1906}

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COMPILED AND CREATED BY SRIDHARA BABU N ADVOCATE TUMKUR – PH: 9880339764

KARNATAKA LAND REVENUE CODE, 1888

1. Short title, local extent and commencement.

42. Government trees and forests.

204. Formal and summary inquiries to be deemed judicial proceedings.

1. Short title, local extent and commencement.

It shall come into force on the 1st day of April, 1889.

CHAPTER I Preliminary Land Revenue

And all rules prescribed, appointments made, securities furnished, powers

CHAPTER I Preliminary Land Revenue

In this Act, unless there be something repugnant in the subject or context.

(2) "Survey Officer" means an Officer appointed under, or in the manner

particulars are separately entered under an indicative number in the survey

(6) "Recognised share of a Survey Number" means sub-division of a survey

(11) "Holding" signifies land over which such right extends;

(13) "Rent" signifies whatsoever is paid or delivered in money or kind, or

(17) "Registered occupant" signifies a sole occupant or the eldest or principal of

(19)"Alienated" means transferred in so far as rights of Government to payment

(22) "Section" means a section of this Act;

CHAPTER I Preliminary Land Revenue

[4. Chief Controlling Authority in revenue matters.

(2) The Revenue Commissioner shall be appointed by Government and shall

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

5. Karnataka to be divided into districts.

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

6. Deputy Commissioner of District.

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

The Government may appoint to each district as many Assistant Commissioners

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

8. Assistant Commissioners in-charge of taluks.

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

9. Deputy Commissioner of District in case of Temporary vacancy.

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

10. The Amildar and his Appointment.

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

11. The Deputy Amildar, his duties and powers.

Whenever it may f appear necessary, the Government may appoint a Deputy

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

12. Amildar or Deputy Amildar may depute subordinates to perform

It shall be competent to an Amildar or Deputy Amildar, subject to such general

liable to revision and confirmation by such Amildar or Deputy Amildar.

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

13. Amildar in case of temporary vacancy.

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

14. Stipendiary patel and village accountant to be appointed where no

In villages where no hereditary patel or village accountant exists, it shall be

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

15. Village accountant to keep such records as he may be required to keep

[Subject to the general orders of Government, the Revenue Commissioner]

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

16. Holder of alienated village to keep such records as are prescribed by

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

17. Survey Officers.

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

18. Combination of Offices.

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue

19. Certain Appointments to be Notified.

The appointment of all Officers mentioned in Sections 6, 7, 8, 10, 11, 17 and 18

CHAPTER II Constitution and Powers of Revenue Officers Land Revenue