KARNATAKA LAND REVENUE CODE, 1888
This Act may be cited as the Karnataka Land Revenue Code, 1888. It extends to the 11. See the Karnataka Adaptations of Laws Order, 1953 [whole of the State of Karnataka except Bellary District.] It shall come into force on the 1st day of April, 1889.
The Karnataka Land Revenue Code, 1888, serves as a foundational legal framework for land revenue administration in the state of Karnataka, India. Section 1 of this Code outlines the short title, local extent, and commencement of the Act, establishing its legal identity and applicability.
Section 1 of the Karnataka Land Revenue Code, 1888, provides the following:- Short Title: The Act may be cited as the Karnataka Land Revenue Code, 1888.- Local Extent: It extends to the whole of the state of Karnataka.- Commencement: The Act came into force on a date specified by the government.
The scope of Section 1 is primarily administrative, setting the stage for the subsequent provisions of the Code that govern land revenue matters, assessments, and related administrative functions.
Section 1 does not prescribe any punishments or penalties, as it merely serves to introduce the Act and outline its applicability.
The Acts, Rules, Notifications and Orders mentioned in the Schedule A hereto annexed are repealed, but not so as to render invalid anything done in accordance with any of them. All references made in any Act, Rule, Notification or Order, to any enactment hereby repealed, shall be read as if made to the corresponding portion of this Act.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 And all proceedings now pending which have been commenced under any enactment hereby repealed shall be deemed to have been commenced under this Act, and shall hereinafter be conducted i
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;
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22. Substituted by Act No. VI of 1906. [(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 11. See the Karnataka Adaptations of Laws Order, 1953. [whole of the State of Karnataka except Bellary District,] and over the Officers subordinate to him, as may, from time to time, be prescribed by Government.
(3)
The 22. See the Karnataka Adaptations of Laws Order, 1953. [whole of the State of Karnataka except Bellary District] 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.
The Government shall appoint in each district an Officer who shall be called the Deputy Commissioner of the district, 33. Inserted by Act No. VI of 1906. [and shall be subordinate to the Revenue Commissioner] 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.
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.
Section 7 of the Karnataka Land Revenue Code, 1888, pertains to the appointment and functions of Assistant Commissioners within the land revenue administration framework. It establishes the authority structure responsible for land management, revenue collection, and enforcement of land laws in Karnataka.
Section 7 authorizes the Government to appoint Assistant Commissioners in each district. These officers are subordinate to the Deputy Commissioner and are tasked with executing various land revenue functions, including assessment, collection, and enforcement of land laws.
Section 7 primarily delineates the administrative hierarchy and the appointment process of Assistant Commissioners. It confers authority to these officers to perform duties related to land revenue management within their jurisdiction, ensuring effective governance and enforcement of land laws.
Section 7 itself does not specify any punishments. Penalties related to violations of land laws, including unauthorized transfer or possession of land, are addressed in other sections of the Code, such as Sections 96 and 114.
Note: The sources primarily focus on the administrative functions and appointment procedures related to Section 7, with limited direct reference to penalties or specific legal sanctions. Most punitive measures are addressed in other sections of the Karnataka Land Revenue Code and related laws.
(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, 11. Certain words omitted by Act No. VI of 1906. [xx xx.]
(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
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.
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 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.
Whenever it may 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.
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 11. Substituted for the word "Government'' by Act No. VI of 1906. [Revenue Commissioner] 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.
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.
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 22. Inserted by Act No. VI of 1906. [and of the Revenue Commissioner] 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.
33. Substituted for the word "Government" by Act No. VI of 1906. [Subject to the general orders of Government, the Revenue Commissioner] 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.
(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 he responsible for the punctual and correct preparation of such registers, accounts -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 ke
Section 16 of the Karnataka Land Revenue Code, 1888, pertains to the maintenance of records by holders of alienated villages. It emphasizes the obligation of such holders to keep prescribed records, which are crucial for land administration and revenue collection.
Section 16 mandates that the holder of an alienated village must maintain the records as prescribed by law. These records typically include details about land holdings, ownership, transfers, and other relevant information necessary for effective land management and revenue assessment.
The section applies to holders of alienated villages within Karnataka under the Mysore Land Revenue Code, 1888. It covers all such holders, including individuals, agencies, or authorities managing land on behalf of the government or private owners.
While Section 16 itself does not specify penalties, non-compliance with record-keeping obligations can attract penalties under related provisions of the Code, such as penalties for failure to maintain accurate records or for contravention of land management rules [Source: ""].
This concise legal commentary highlights the key aspects of Section 16, emphasizing its role in land record maintenance and land management within the framework of the Karnataka Land Revenue Code, 1888.
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 Settlement", "Survey Settlement Officer", and "Assistant Superintendent", or otherwise as may seem requisite, arid shall be subordinated one to the other, in such order as the Government may direct. Subject to the orders of She 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 pi-escribed by this or any other law for the time being in force.
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.
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.
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. 11. Inserted by Act No. VI of 1906. [the Revenue Commissioner;] 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 re
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 mem.
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.
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.
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 11. Substi
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 11. Substituted for the words and figures "the Criminal Procedure Code, 1882" by Act No. I of 1956. [he Code of Criminal Procedure, 1898 (Central Act V of 1898).] It shall be the duty of all persons in possess
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.
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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 11. Inserted by Act No. 1 of 1956, [or the Magistrate], 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.
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:
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.
(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.
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.
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 shalJ 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 11. Substituted for the word "Government" by Act No. VI of 1906. [the Revenue Commissioner,]
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.
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.
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, 22. The words "whether he had been found guilty or not" by Act No. 1 of 1956. [x x x x x.]
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 to dispose of them, in such manner, as may be authorised by general rules sanctioned by Government,] subject always to the right of way, and all other rights of the public o
When it is providecd 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 rnay 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.
Unless i is otherwise expressly provided by the terms of any grant made, or o 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 11. Inserted by Act No. 1 of 1956. [subject to the provisions of Mines and Minerals (Regulation and Development) Act, 1948 (Central Act LIII of 1948)], 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
44. Amended by Act No. VI of 1906. [Subject to the general orders of the Government, 55. Substituted for the words "Revenue Commissioner" by Act No. VII of 1919. [it shall be lawful for Survey Officers] whilst survey operations are proceeding under Chapter VIII of this Act and at any other time for the 66. Substituted for the words "Revenue Commissioner" by Act No. VII of 1919. [Deputy Commissioner] 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 11. Substituted for the words "Revenue Commissioner" by Act No. VII of 1919. [Deputy Commissioner] and in the disposal of la
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 11. Substituted for the word "Government" by Act No. VI of 1906. [Deputy Commissioner], The Deputy Commissioner's decision as to the said right of grazing shall be final.
(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 mat 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
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.
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 amoun
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.
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.
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 -n 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.
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.
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 e
(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 11. Substituted for the word "Government" by Act No. VI of 1906. [Revenue Commissioner] shall deem to be a fair equivalent of the assessment, cess, fine or tax for which it is substituted, and shall not be in exce
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
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.
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.
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. 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.
11. Substituted by Act No. VIII of 1916. [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 b
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 Jaw 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.
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.
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.
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.
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 appropria
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.
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.
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.
(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 with
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 s
11. Added by Act No. XVII of 1928. [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.]
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.
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.
11. Added by Act No. XVII of 1928. [(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.
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.]
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.
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.
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.
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.
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 b
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.
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.
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.
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.
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 time 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.
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 alienat
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
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
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.
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 specia1 conditions of the lease; and
(e) if the rent is payable in kind, the quantity
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.
(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.
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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
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.
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 11. Substituted for the word and figures "111, 120 and 236" by Act No. XVII of 1939. [111 and 120] 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 Gover
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 11. Substituted for the word and figures "111,115,120 and 236" by Act No. XVII of 1939. [111, 115 and 120;]
(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 main
22. Added by Act No. XVII of 1939. [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.]
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.
Notwithstanding anything contained in Sections 84 to 87 (both inclusive), an enhancement 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.
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.
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.
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.
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,
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.
(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.
(1) In suits under Sections 88, 92 and 93, the procedure prescribed by 11. 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. [Orders IV, VI, VII,
(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.
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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:
22. Substituted by Act No. XXI of 1940. [Provided that such application be made within two years, and in the case of alienated or kayamgutta villages into which survey and settlement have been introduced, within six years from the end of the revenue year or the year of tenancy in which the
Om 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 p
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;
11. Clause (c) omitted and the other clauses renumbered by Act No. X
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.
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.
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.
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.
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 amo
Nothing contained in the provisions of this Chapter shall prevent parties holding the relation of landlord and tenant from seeking remedy in Civil Courts on matters not specially provided for in this Chapter.
It shall be lawful for the Government, whenever it may seem expedient, to direct the survey of any land in any part of the 11. See the Karnataka Adaptations of Laws Order, 1953. [whole of the State of Karnataka except Bellary District], 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 survey. 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.
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.
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.
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 22. Substituted for the word "Government" by Act No. VI of 1906. [Revenue Commissioner.] 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.
11. Substituted by Act No. XVII of 1928. [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 a
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
(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.
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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.
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, or the Deputy Commissioner, or Assistant Commissioner shall, at a 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, th
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.
It shall be lawful for the Government to direct at any time a fresh revenue survey or any operah' on 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
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.
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.
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
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-
11. Sections 119-A to 119-D substituted for Sections 119-A and 119-B by Act No. 1 of 1956. [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.
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) P
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 pf 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 deemed to be an application by the holder of the village.
(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.]
(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 de
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.
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
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 ent
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
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.
The boundaries of villages situated in the 11. See the Karnataka Adaptations of Laws Order, 1953. [whole of the State of Karnataka except Bellary District] 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
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 pointed out 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 reco
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 Supermtendent 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 cau
22. Section 129 renumbered as sub-section (1) of that section and sub-section (2) added by [(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.
(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 o
It shall be lawful for any Survey Officer authorised by a Superintendent of Survey or Settlement Officer to cause to be constructed Act No. V of 1934. 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 consturct or repair them, and assess all charges incurred thereby as hereinbefore provided. A general notification issued in the manner aforesaid sh
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.
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.
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.
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.
It shall be lawful for the Deputy Commissioner 11. Substituted for the word "Government" by Act No. VI of 1906. [or such other authority as the Government may authorise in this behalf] 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.
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.
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
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.
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 IX 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.
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.
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.
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 sup
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.
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.
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.
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.
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 wat
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 holders, 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 belo
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.
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
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.
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.
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.
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.
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.
An arrear of land revenue may be recovered by the following processes.
(a) by serving a written notice of demand on the defaulter under Section 158;
(b) by forfeiture of the occupancy or alienated holding in respect of which the arrear is due under Section 159;
(c) by distraint and sale of the defaulter's movable property under Section 160;
(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;
&nbs
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,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.
A notice of demand may be issued on or after the day following that on which the arrear accrues. The 11. Substituted for the word "Government" by Act No. VI of 1906. [Revenue Commissioner] may, from time to time, frame rules for the issue of such notices, and 22. Inserted by Act No. VI of 1906. [with the sanction of the Government shall fix] the costs recoverable from the defaulter as an arrear of revenue, and direct by what Officer such notices shall be issued.
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.
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 33. Substituted for the word "Government" by Act No. VI of 1906. [Revenue Commissioner] 44. The words "under the orders of Government" omitted by Act No. VIII of 1920. [xxx xxx xxx] may, from time to time, direct.
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.
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 be final.
11. Section 163 omitted by Act No. 1 of 1956. [x x x x x.]
22. Section 164 not printed since this section is consequential to Section 163 which was omitted by Act No. 1 of 1956. [x x x x x.]
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 33. Substituted for the word "Government" by Act No. VI of 1906. [Revenue Commissioner,] 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.
(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 respects 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.
(2) The Deputy Commissioner or the agent or Officer so appointed shall, during such management, be ent
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.
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 Go
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.
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.
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.
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 chavddi 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.
Sales shall be made by auction by such persons as the Deputy Commissioner may direct. i 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.
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.
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.
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.
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.
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 percenrum 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.
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.
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.
11. Added by Act No. IV of 1936. [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.]
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 22. Substituted by Act No. II of 1916. [shall, at the discretion of the Deputy Commissioner, be liable to be forfeited to Government either wholly or in part] 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.
If the proceeds of this 33. Substituted by Act No. II of 1916. [resale which is held by reason of the purchaser's default] 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.
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.
44. Added by Act No. V of 1926. [(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 re-
(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 mo
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.
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 11. Inserted by Act No II of 1916. [and on such conditions as he may deem proper concerning the payment of interest on the money deposited or other compensation] set aside the sale.
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.
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.
11. Added by Act No. XVII of 1928. [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.]
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.
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 2[the Revenue Commissioner under the orders of Government.]
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.
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.
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.
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 11. Section 193-A omitted by Act No. 1 of 1956. [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;] 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; 22. Substituted for the words and figures "the Land Improvement Act, 1871" by Act No. IV of 1
11. Section 193-A omitted by Act No. 1 of 1956. [x x x x x.]
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 22. Substituted for the words and figures "the Land Improvement Act, 1871" by Act No. IV of 1890. [the Land Improvement Loans Act, 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.
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, rime and manner of performing his duties, to the direction and control of the Officer to whom he is subordinate.
(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 parry, 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 do
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.
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.
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.
In any formal or summary inquiry, if any party desires the attendance of witnesses, he shall follow the procedure prescribed by 1[the Code of Civil Procedure, 1908 (Central Act V of 1908).]
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.
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.
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.
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.
Section 204 of the Karnataka Land Revenue Code, 1888, pertains to the procedures and legal nature of inquiries related to land revenue matters. It emphasizes that formal and summary inquiries conducted under this section are to be regarded as judicial proceedings, ensuring procedural fairness and legal sanctity in land revenue administration.
Section 204 states that formal and summary inquiries made under the provisions of the Karnataka Land Revenue Code shall be deemed to be judicial proceedings. This provision aims to confer a judicial character to certain administrative inquiries, thereby safeguarding the rights of parties involved and ensuring adherence to principles of natural justice.
This commentary synthesizes the legal significance of Section 204, emphasizing its role in ensuring that land revenue inquiries are conducted with judicial propriety, thereby protecting individual rights and maintaining procedural integrity.
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.
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.
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.
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
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, 11. Inserted by Act No. 1 of 1956. [it shall be lawful for the purposes of eviction to use such force as may be necessary;] 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 a
(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.
11. Added by Act No. I of 1909. (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 power
11. Added by Act No. I of 1909. [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.]
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.
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.
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.
Every petition of appeal shall be accompanied by the decision or order appealed against, or by an authenticated copy of the same.
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.
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.
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, ann
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.
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.
Nothing in this Chapter shall affect any of the provisions of Act XXIII of 1871 (The Pensions Act).
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;
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;
&n
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 Jaw 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.
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.
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.
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 11. Deleted by Act No. XVII of 1939. [High Court,] the Government may cause statement of the question to be prepared, and may refer such question for the decision of the 22. Certain words omitted by Act No. XVII of 1939. [High Court.] The [High Court] 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] in person, or by their Advocates
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.] The [High Court] may order the Judge making the reference either to proceed with the case or to return the plaint. The order of the [High Court] on any such reference shall be final
If the [High Court] 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.
11. Deleted by Act No. XVII of 1939. [x x x x x.
x x x x x
All the provisions of the Act relating to alienated villages shall apply to Kayamgutta villages, i.e., villages held on an assessment permanently fixed.
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.
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 disposal of unoccupied Government lands under Section 36;
(d) for the disposal of trees, not the property of the occupant, under Section 41;
(e) prescribing the
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.
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.
11. Deleted by Act No. XVII of 1939. [xxx xxx xxx.]
When a survey settlement has been introduced, under the provisions 22. Certain words omitted by Act No. XVII of 1939. [xxx xxx xxx] 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.
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 land only.
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
[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 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 the provisions of Madras Act III of 1869.
3. Notification of the Government of India No. 123, dated th
The Karnataka Land Revenue Code, 1888, serves as a foundational legal framework for land revenue administration in the state of Karnataka, India. It outlines the rights and responsibilities of landholders, the government, and revenue officers, and establishes procedures for land management and revenue collection.
Section Sch.A of the Karnataka Land Revenue Code, 1888, primarily deals with the repeal of certain acts, rules, notifications, and orders that were previously in effect. It ensures that the new provisions under the Code do not invalidate any rights or obligations that were established under the repealed laws.
The scope of Section Sch.A is limited to the repeal of previous legislation and does not extend to substantive changes in land rights or revenue obligations. It serves as a transitional provision to facilitate the implementation of the new Code.
As Section Sch.A primarily deals with the repeal of previous laws, it does not prescribe any specific punishments. However, violations of the provisions established in the new Code may attract penalties as outlined in other sections of the Act.
Form of Bond to be Required under Section 22
Whereas I,......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 io 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 reside
x x x x x x x
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.
SCHEDULE
[See Section 80]
I.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 theof19
D
Form of Commission to be Issued to a Holder of Alienated Lands of Alienated or Kayamgutta Villages or his Agent under Section 99. The Karnataka Land Revenue Code, 1888, serves as a foundational legal framework governing land revenue administration in the state of Karnataka. Among its various provisions, Schedule F outlines specific regulations and procedures related to land management and revenue collection. Section Sch.F of the Karnataka Land Revenue Code, 1888, primarily deals with the forms and procedures associated with the issuance of documents related to land grants and alienation. It provides a structured approach to managing land records and ensuring compliance with the legal requirements for land transactions. The scope of Section Sch.F encompasses all transactions related to land grants, including the issuance of sannads (land grants) and other related documents. It aims to streamline the process of land management and ensure that all transactions are documented in a legally recognized manner. While Section Sch.F itself does not explicitly outline punishments, violations related to the improper issuance or handling of land documents may lead to penalties under other relevant sections of the Karnataka Land Revenue Code.
(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)Legal Commentary on Karnataka Land Revenue Code, 1888 - Section Sch.F
Introduction
What does Section Says
Essential Ingredients
Scope of Section
Punishment for Section
Legal Comments
[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
Schedule G of the Karnataka Land Revenue Code, 1888, pertains to the rules and regulations concerning land grants, alienation, and the restrictions imposed on certain categories of land, especially those granted to depressed classes and scheduled tribes. It provides the legal framework for the management, transfer, and resumption of such lands, ensuring social welfare objectives and adherence to statutory conditions.
Schedule G primarily details the conditions under which land grants are made, the period of non-alienation, the necessity of prior permission for transfer, and the procedures for resumption of land in case of violations. It emphasizes the importance of protecting lands granted to marginalized communities from unauthorized alienation and ensures compliance with the terms of grant as per the Mysore Land Revenue Rules, 1960, and subsequent amendments.
Schedule G applies to:- Lands granted to scheduled castes, tribes, or depressed classes under government schemes.- Lands subject to conditions of non-alienation for specified periods.- Transactions made without prior permission or in violation of grant conditions.- Cases involving resumption, restoration, or invalidation of transfers.- All proceedings related to grant, alienation, and recovery of such lands under the Mysore Land Revenue Code, 1888, and subsequent amendments.
"Protection of Grant" - The provisions in Schedule G reinforce the social welfare objective by safeguarding lands granted to marginalized communities from unauthorized alienation, ensuring their rights are protected under statutory law. [Mohammad Yusuff Khan VS Special Deputy Commissioner]
"Non-Alienation Period" - The period of non-alienation (usually 15 or 20 years) is a statutory restriction designed to prevent premature transfer and ensure the land is used for the intended social purpose. Violations render transfers null and void. [S. N. NAGENDRA VS HUCHAIAH]
"Burden of Proof" - The onus lies on the transferee to prove lawful possession or that the transfer was made with prior permission, failing which the transfer is invalid. The absence of supporting documents can invalidate the transaction. [SREENIVAS GOWDA VS STATE OF KARNATAKA]
"Resumption Power" - The government has the statutory authority to resume land if alienation occurs during the prohibited period or without requisite permission, reinforcing the protective mechanism for grant lands. [N. D. RANGAPPA VS DEPUTY COMMISSIONER, DAVANGERE]
"Validity of Transfers" - Transfers made in contravention of the conditions, such as alienation within the prohibited period, are legally invalid, and orders for resumption are justified. [MUNGAPPA VS SPECIAL DEPUTY COMMISSIONER, BANGALORE]
"Legal Effect of Violations" - Alienations in breach of grant conditions are considered null and void, and the government is entitled to recover possession and initiate proceedings for restoration. [Thippanaika VS Deputy Commissioner, Shimoga District, Shimoga]
"Role of Revenue Authorities" - Revenue officers are empowered to scrutinize, approve, or cancel transfers, and their orders are binding unless challenged successfully in courts. They act as custodians of grant conditions. [DYAVAPPA VS STATE OF KARNATAKA]
"Protection of Marginalized Communities" - The law emphasizes safeguarding lands granted to scheduled castes and tribes, with strict penalties for illegal alienation to uphold social justice and affirmative action policies. [Obalappa Since Deceased VS K. V. Lakshmana]
"Legal Presumption" - Fixation of upset price does not necessarily imply market value; the burden is on the transferee to prove that the consideration was lawful and in accordance with the grant conditions. [BASAVEGOWDA VS NANJAMMA]
"Time Limit for Alienation" - The period of prohibition is strictly enforced; alienation after the expiry does not necessarily validate the transfer if it was made unlawfully during the prohibited period. [V. R. GNANAPRAKASHAM VS VENKATASWAMY]
"Judicial Review and Enforcement" - Courts have consistently upheld the power of revenue authorities to declare alienations void and to order resumption, emphasizing the importance of compliance with statutory conditions. [NIRVANAPPA VS DEPUTY COMMISSIONER, HASSAN DISTRICT]
"Impact of Amendments" - Amendments to the Karnataka Land Revenue Act, 1964, and Rules have reinforced restrictions on alienation, especially for lands granted to marginalized communities, with retrospective effect to curb illegal transfers. [Mayura Sreeram W/o Late Dr. Sree Ramasetty vs Deputy Commissioner, Bangalore]
"Legal Consequences of Breach" - Alienation without prior permission or during prohibited periods results in the transaction being null and void, and the land can be resumed by the government, protecting the social welfare intent behind grants. [George Thomas VS K P Krishnappa]
"Scope of the Act" - The Act applies to both pre- and post-constitutional grants, emphasizing that any transfer in violation of conditions is invalid, regardless of when the grant was made. [Mohammad Yusuff Khan VS Special Deputy Commissioner]
"Order of Resumption" - Orders for resumption are supported by the evidence of violation and are subject to judicial review, but courts generally uphold such orders in the absence of procedural irregularities. [S. N. NAGENDRA VS HUCHAIAH]
"Legal Validity of Sale" - Sale of granted land made during the prohibited period or without permission is invalid; subsequent transfers are also invalid if based on such illegal sale. [MUNGAPPA VS SPECIAL DEPUTY COMMISSIONER, BANGALORE]
"Social Welfare Objective" - The law aims to protect the rights of marginalized communities by preventing their lands from being alienated to outsiders, thus promoting social justice and economic upliftment. [Mohammad Yusuff Khan VS Special Deputy Commissioner]
In conclusion, Schedule G of the Karnataka Land Revenue Code, 1888, provides a comprehensive framework to regulate grants to marginalized communities, restrict unauthorized alienation during the prohibited period, and ensure government power to resume lands in case of violations. Courts have consistently upheld these provisions to serve the social welfare purpose and maintain the sanctity of land grants made to vulnerable sections of society.
Note: All references are based on the provided sources, particularly focusing on the detailed case laws and statutory provisions related to land grants, alienation, and resumption under Schedule G.
SCHEDULE
x x x x x
Schedule H of the Karnataka Land Revenue Code, 1888, pertains to specific rules and provisions related to land grants, alienations, and restrictions on transfer, especially concerning lands granted to Scheduled Castes, Scheduled Tribes, and other beneficiaries under various government schemes. It addresses the legal framework governing the rights, restrictions, and penalties associated with land grants and transfers, ensuring protection of beneficiaries' rights and preventing unauthorized alienations.
Schedule H consolidates rules related to:- Conditions imposed on land grants, particularly non-alienation periods.- Restrictions on transfer and alienation of granted lands.- Procedures for resumption and restoration of land in case of violations.- Penalties for unauthorized alienation or transfer.- Specific provisions concerning lands granted to depressed classes, Scheduled Castes, and Scheduled Tribes.- Validity and scope of permissions required for alienation.- Legal procedures for enforcement and recovery.
Note: The references provided are based on the available sources, primarily from case law and statutory provisions related to land grants, alienation restrictions, and resumption procedures under the Karnataka Land Revenue Code, 1888, and associated laws.
SCHEDULE
[Repealed]
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