Act, No. 12 of 1964
6th March, 1964
An Act to consolidate and amend the law relating to land and the land revenue administration in the 1[State of Karnataka]. WHEREAS it is expedient to consolidate and amend the law relating to land, the assessment and recovery of land revenue, the land revenue administration and other matters hereinafter appearing; BE it enacted by the 1[Karnataka] State Legislature in the Fourteenth year of the Republic of India as follows:-- 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 2. First published in the Karnataka Gazette on the Nineteenth day of March, 1964
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(1) This Act may be called the
(2) It shall extend to the whole of the
(3) It shall come into force on such
In this Act, unless the context otherwise requires,--
The State Government shall be the chief controlling authority in all matters connected with land and land revenue administration under this Act.
(2)
(3) Each district determined under sub-section (2) shall consist of such taluks and each taluk shall consist of such circles and each circle shall consist of such villages as may, by notification, be determined by the State Government.
(4) The State Government may, by notification, alter the limits of any district, taluk or circle and may create new, or abolish existing districts, taluks or circles.
The State Government may, subject to such conditions and in such manner as may be prescribed, alter or add to the limits of any village or amalgamate two or more villages or constitute a new village for the purpose of this Act.
Before the publication of any notification under section 4 or 5 declaring any area to be a
(2) The Additional Chief Secretary/ Principal Secretary / Secretary shall be the Chief Revenue Officer in the State and shall exercise powers of superintendence and control for the entire state over all Officers subordinate to him.
(3) The Additional Chief Secretary/ Principal Secretary / Secretary shall exercise the powers and discharge the duties conferred and imposed on him by or under this Act or any other law for the time being in force. He shall also exercise such powers and discharge such duties as the State Government may confer or impose in his behalf for the purpose of carrying out the provisions of this Act or any other law for the time being in force or under the Karnataka Government (Transaction of Business) Rules, 1977.]
(2) Subject to the control of the State Government, Revenue Commissioner shall exercise powers of superintendence and control for the entire state over all Officers subordinate to him.
(3) The Revenue Commissioner shall exercise the powers and discharge the duties conferred and imposed on him by or under this Act or any other law for the time being in force. He shall also exercise such powers and discharge such duties as the State Government may confer or impose in this behalf for the purpose of carrying out the provisions of this Act or any other law for the time being in force.]
(2) Subject to the control of the State Government, the Regional Commissioner shall be the Chief Revenue Officer in the region and shall exercise powers of superintendence and control within the region over all Officers subordinate to him.
(3) The Regional Commissioner shall exercise the powers and discharge the duties conferred and imposed on him by or under this Act or any other law for the time being in force. He shall also exercise such powers and discharge such duties as the State Government may confer or impose in this behalf for the purpose of carrying out the provisions of this Act or any other law for the time being in force.]
(1) The State Government shall by notification, appoint for each district a Deputy Commissioner
(2) The Deputy Commissioner shall in his district exercise all the powers and discharge all the duties conferred and imposed on him under this Act or under any law for the time being in force. He may also exercise such powers and discharge such duties as are conferred and imposed on an Assistant Commissioner under this Act or under any other law for the time being in force, and in all matters not specially provided for by law, he shall act according to the instructions of the State Government.
(1) Whenever the State Government considers that for any purpose it is expedient to appoint a Special Deputy Commissioner for any district, it may, by notification, appoint a Special Deputy Commissioner for such district, for such purpose and for such period as may be specified in such notification.
(2) The Special Deputy Commissioner shall exercise such powers and perform such duties as are exercised or performed by the Deputy Commissioner in the district or a part of the district under this Act, or any other law for the time being in force, as the State Government may direct.
(1) The State Government may, by notification, appoint to each district as many Assistant Commissioners as it may deem expedient; all such Assistant Commissioners and all other officers employed in the Revenue Administration of the district shall be subordinate to
(2) The State Government, may place any Assistant Commissioner appointed under sub-section (1) to be in-charge of the revenue administration of
(1) The State Government shall, by notification, appoint to each taluk a Tahsildar who shall be the Chief Officer entrusted with the land revenue administration of the Taluk. He shall be subordinate to the Assistant Commissioner in-charge of the Taluk and where there is no such Assistant Commissioner, to the Deputy Commissioner of the District.
(2) The duties and powers of a Tahsildar shall be such as may be expressly imposed or conferred upon him by this Act or any other law for the time being in force or as may be imposed by or delegated to him by the Deputy Commissioner under the general or special orders of the State Government.
(4) The Tahsildar
(1) Whenever the State Government considers that for any purpose it is expedient to appoint a Special Tahsildar for any Taluk, it may, by notification, appoint a Special Tahsildar for such Taluk for such purpose and for such period as may be specified in such notification.
(2) A Special Tahsildar shall exercise such powers and discharge suchduties as are exercised or performed by the Tahsildar in a taluk or part of a taluk under this Act or any other law for the time being in force, as the State Government may direct.
(3) A Special Tahsildar shall be subordinate to the AssistantCommissioner in--charge of the Taluk and where there is no such Assistant Commissioner to the Deputy commissioner of the district. A Special Tahsildar shall be subordinate to the Tahsildar in the Taluk except in such matters as the State Government may, by order, specify in this behalf.
A Tahsildar or a Special Tahsildar may, subject to such orders as may be passed by
Provided that all acts of his subordinates when so employed shall be liable to revision and confirmation by such Tahsildar or Special Tahsildar.
(1-A) If the Regional Commissioner is disabled from performing his duties, or is on leave or for any reason vacates his office or dies, the Deputy Commissioner stationed at the headquarters of the Regional Commissioner, shall unless other provision is made by the Government, succeed temporarily to his office and shall be deemed to be the Regional Commissioner of the Region under this Act, until the Region
(1)
(2) Persons holding the office of Revenue Inspector for a circle (by whatever name called) immediately prior to the commencement of this Act shall be deemed to be Revenue Inspectors for such circle till another person is appointed under sub-section (1).
(1) The Deputy Commissioner may, subject to the general orders of
(2) Persons holding the office of a Village Accountant for a village or group of villages immediately prior to the commencement of this Act shall be deemed to be Village Accountants for such village or group of villages till another person is appointed under sub-section (1).
(1) The State Government shall prescribe the registers, accounts and other records that shall be kept by the Village Accountant.
(2) The Village Accountant shall keep all such registers, accounts and other records as may be prescribed under sub-section (1) and he shall, whenever called upon by any superior revenue officer of the taluk or district, prepare all records connected with the affairs of the village, which are required either for the use of the Central or the State Government or the public, such as notices, reports, mahazars and depositions.
(1) For purposes of survey, assessments and settlements of land revenue and the settlements of boundaries and connected matters provided for in this Act, the State Government may, by notification, appoint such officers as it may deem necessary. Such officers shall be designated
(2) Subject to the orders of the State Government, the officers appointed under sub-section (1) shall have the power to take cognizance of all matters connected with survey and settlement and shall exercise all such powers and pe
(2) The fee payable to a Licensed Surveyor shall be as may be prescribed.]
(1) The State Government may appoint such other officers and invest them with such powers as may be necessary to give effect to the provisions of this Act.
(2) Such officers shall discharge such duties and be subordinate to such officers as the State Government may direct.
It shall be lawful for the State 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 State Government shall, by notification, specify the Revenue Officers, who shall use a seal and prescribe the size and description of the seal to be used by such officers.
(1)
(2) If the Revenue Officer or other person against whom an order is made under sub-section (1) does not pay the money or deliver up the papers or the property as directed, or fails to assign sufficient cause for non-compliance with the demand made as aforesaid,
(1) The Deputy Commissioner of his own motion, if the Revenue Officer or other person is or was serving in his Department and district, and upon the application of the
(2) It shall be the duty of all persons in possession
A Revenue Officer, not below the rank of a Tahsildar while exercising power under this Act, or any other law for the time being in force, to inquire into or to decide any question arising, for determination between the State Government and any person or between parties to any proceedings, shall be a Revenue Court.
Nothing in this Act, shall be deemed to limit or otherwise affect the inherent power of the Revenue Court to make such orders as may be necessary for the ends of justice or to prevent
Subject to the direction and control of the officer to whom he is subordinate, and except for reasons to be recorded in writing, no Revenue Officer shall enquire into, or hear, any case at any place outside the local limits of the jurisdiction:
Provided that where the place of headquarters of a Revenue Officer is outside the local limits of his jurisdiction, he may enquire into, or hear, any case at such place without any such direction or control.
(1A) The Regional Commissioner, on an application made to him in this behalf or otherwise, may, if he is of opinion that it is expedient for the ends of justice, older that any case or class of cases arising under this Act, or any other law for the time being in force, be transferred from any Revenue Officer to any other Revenue Officer competent to deal with it in the same district or any other district in the same region.]
(2) The Divisional Commissioner, on an application made to him in this behalf or otherwise, may, if he is of opinion that it is expedient for the ends of justice, order that any case or class of cases arisi
(1) Every Revenue Officer not lower in rank than a Tahsildar or an Assistant Superintendent of Land Records in their respective departments, shall have the power to take evidence on oath and to summon any person whose attendance he considers necessary, either to be examined as a party, or to give evidence as a witness, or to produce documents, for the purpose of any inquiry which such officer is legally empowered to make.
(2) Any person summoned under sub-section (1) shall be bound to attendeither in person or by an authorised agent as directed in the summons:
Provided that exemptions under sections 132 and 133 of the Code of Civil Procedure, 1908, shall be applicable to requisitions for attendance under this section.
(3) Ever person summoned under sub-section (1) either to be examinedas a party or to give evidence as a witness shall be bound,--
(1) 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 or by any subordinate officer in the office authorised by him in this behalf and if such officer have a seal, shall also bear his seal; it shall require the person summoned to appear before the said officer at the time and place stated in it and shall specify whether his attendance is required for the purpose of giving evidence or to produce documents or for both.
(2) Every summons shall be served by tendering or delivering a copy ofit to the person summoned, or if he cannot be found, to some adult male member of his family residing with him; if there is no such adult member, the service may be effected by affixing a copy of the summons in some conspicuous part of the house where the person summoned ordinarily resides or last resided.
(3) If the ordinary residence of the person summoned be in any otherdistrict, the summo
(1) Every notice under this Act, unless it is otherwise expressly provided, shall be served by tendering or delivering a copy thereof, to the person on whom it has to be served or 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.
(2) If the person on whom the notice is to be served resides in any otherdistrict, the notice may be sent by post to the Deputy Commissioner of that district, who shall cause it to be served in accordance with sub-section (1).
(3) No notice served under this section shall be deemed void on accountof any error in the name or designation of any person referred to therein, unless such error has caused substantial injustice.
In any formal or summary inquiry, if any party desires the attendance of witnesses, he shall follow the procedure prescribed by the Code of Civil Procedure, 1908, for purposes of applying for summonses for witnesses.
(1) If any person on whom a summons to attend as witness or to produce any document has been served, fails to comply with the summons, the officer by whom the summons has been issued may,--
(2) Notwithstanding anything contained in sub-section (1), when theperson whose evidence is required is unable from sickness or infirmity to attend or is a person exempted under section 132 or section 133 of the Code of Civil Procedure, 1908, from personal appearance before a Court, 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 direct such person to be examined on commission issued to a subordinate officer deputed for the purpose.
(1) In any formal inquiry prescribed for the determination of any question by or under this Act, or any law for the time being in force, the evidence shall be taken down in full, in writing in Kannada or English or in any such language as may be prescribed by the State Government for use in the district or part of the district, by the officer conducting the inquiry and shall be signed by him.
(2) Where on account of physical disability or other reason to be recorded,the officer conducting the inquiry does not take down the evidence himself, he shall cause such evidence to be taken down in full in writing in his presence and hearing and under his personal superintendence and direction, and such record shall be signed by him.
(3) Every decision or order after a formal inquiry shall contain a fullstatement of the grounds on which it is made or passed and shall be written and signed by the officer making the decision or passing the order, or from the dictation of such off
When a summary inquiry is prescribed for determination of any question by or under this Act or any law for the time being in force, the officer conducting such inquiry shall himself, as such inquiry proceeds, record in his own hand, in Kannada or in English or in any other language of the taluk or village as declared by State Government, the summary of the evidence and a minute of the proceedings containing the material averment made by the parties interested, the decision and the reasons for the same:
Provided that it shall at any time be lawful for the officer, if he deems fit, to conduct an inquiry directed by this Act to be summary, under all or any of the provisions applicable to a formal inquiry.
A formal or a summary inquiry under this Act shall be deemed to be "judicial proceedings" within the meaning of
(1) Every hearing whether in a formal or summary inquiry, shall be in public and the parties or their recognised agents
Provided that when neither a party nor his recognised agent is present in court when the order is pronounced, the substance of the order containing the decision shall be communicated by post to such party or his recognised agent.
(2) If any party to a case or proceeding, whether in a formal or summary inquiry does not appear on the date fixed for hearing, af
An inquiry which this Act does not require, either to be 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 State Government, and, subject to such rules, according to the discretion of the officer in such a way as may seem best calculated for the ascertainment of all essential facts and the furtherance of the public good.
Whenever 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 his office under the provisions of this Act, or of any other law for the time being in force, relating to land revenue, any Revenue Officer and, when under his observation and control, his servants and workmen, when so directed, may enter any land or premises, whether belonging to the State Government or to any other person:
Provided that no person shall enter into any building used as a dwelling house or upon any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without giving such occupier previous notice of not less than seven days and in making such entry, due regard shall be paid to the social and religious sentiments of the occupier.
Whenever it is provided by this Act or any other law for the time being in force that the Deputy Commissioner may or shall evict any person wrongfully in possession of land or where any order to deliver possession of land has been passed against any person under this Act, such eviction shall be made or such order shall be executed, as the case may be, in the following manner, namely:--
(1) The State Government shall, by notification, constitute for the State of
(2) The Tribunal shall consist of the following six members appointed by the State Government, namely:--
(3) If, by reason of any increase in the business of the Tribunal or by reason of arrears of work therein or otherwise, it appears to the State Government that the number of members of the Tribunal should be for the time being increased, the State Government may, by notification, appoint persons having the qualifications specified in clause (b) of sub-sect
(1) The powers of the Tribunal in all matters relating to appeals, revisions and other proceedings, shall be exercised by a Bench of two members:
Provided that the Chairman of the Tribunal may, and if a Bench consisting of two members so thinks fit, shall, constitute a full Bench consisting of not less than three members for the hearing of any appeal, revision, reference or other proceeding:
Provided further that in every Bench there shall be a District Judge and an officer having experience in administration of revenue matters.
(2) Notwithstanding anything contained in sub-section (1), a single member of the Tribunal may exercise the powers of the Tribunal in the following matters, namely:--
(1) The headquarters of the Tribunal shall be at Bangalore.
(2) Notwithstanding anything contained in sub-section (1), Benches of the Tribunal may, from time to time and subject to such conditions as may be prescribed, have sittings at such places as the Chairman of the Tribunal may specify.
(1) The Tribunal shall exercise such powers of appeal, reference or revision as are vested in it by or under this Act or any other law for the time being in force.
(2) All appellate and revisional powers vested in or exercisable under any law by the Tribunal constituted under the
(3) The State Government may, by notification, confer upon or entrust to the Tribunal any appellate or revisional power or function assigned to the State Government or other authority or officer by or under any law for the ti
(1) The Tribunal may either on its own motion or on the application of any party affected, review any order passed by itself and pass such orders in reference thereto as it deems necessary:
Provided that no such application made by any party thereto shall be entertained unless the Tribunal is satisfied that there has been discovery of new and important matter or evidence which after the exercise of due diligence was not within the knowledge of such party or could not be produced by him at the time when the order was passed or that there has been some mistake or error apparent on the face of the record or that there has been any other sufficient reason:
Provided further that,--
(2) Every application unde
Notwithstanding anything contained in any law, but subject to the provisions of section 44 every decision of the Tribunal shall be final and shall not be called in question in any Court.
The Tribunal may, in respect of matters subject to its appellate or revisional jurisdiction, do all or any of the following, namely:--
Provided that such directions and forms shall not be inconsistent with the provisions of any law for the time being in force.
Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of
(1) The Tribunal shall, after previous publication and with the previous sanction of the State Government, make regulations consistent with the provisions of this Act, and the rules made thereunder for regulating generally the practice and procedure of the Tribunal and the disposal of its business including regulations as to the time within which, in the absence of any express provision in the relevant enactment, appeals or applications to the Tribunal, may be filed and as to the costs of and incidental to any proceedings before the Tribunal.
(2) The regulations made under sub-section (1) shall be published in theofficial Gazette.
Save as otherwise expressly provided, an appeal shall lie from every original order passed under this Act or the rules made thereunder,
(1) A second appeal shall lie against any order passed in a first appeal under section 49,--
(2) An order passed on second appeal shall be final.
No appeal shall lie,--
Save as otherwise provided in this Act, the provisions of sections 4, 5 and 12 of the Limitation Act, 1963 (Central Act 36 of 1963) shall mutatis mutandis apply to all appeals under this Act.
Every petition of appeal shall be accompanied by a certified copy of the order appealed from, unless the production of such copy is dispensed with by the appellate authority.
The appellate authority may, for reasons to be recorded in writing either annul, reverse, modify or confirm the order appealed from, or may direct the officer making the order by himself or by any of his subordinate officers, to make further inquiry or to take additional evidence on such points as the appellate authority may specify, or the appellate authority may itself make such inquiry or take such additional evidence:
Provided that no additional evidence, whether oral or documentary shall be directed to be taken, unless,--
Provided further tha
(1) A Revenue Officer who has passed an order or his successor in office, may at any time before the expiry of the period prescribed for appeal, direct the execution of such order to be stayed for such time as may be requisite for filing the appeal and obtaining a stay order from the appellate authority.
(2) The appellate authority may, at any time, direct that the execution ofthe order appealed from, be stayed for such time as it may think fit, or till the decision of the appeal, whichever is earlier and may on sufficient cause being shown, cancel or vary such order made directing stay.
(3) No order directing the stay of execution of any order shall be passedexcept in accordance with the provisions of this section.
(1) The Tribunal, any Revenue Officer not inferior in rank to an Assistant Commissioner, and any Survey Officer not inferior in rank to a Superintendent of Land Records or an Assistant Settlement Officer in their respective departments, may call for and examine the record of any inquiry or the proceedings of any subordinate officer under this Act
(2) If, in any case, it shall appear to the Tribunal
Whenever in this Act it is declared that an order of a revenue officer shall be final, such expression shall be deemed to mean that no appeal lies from such order. The Tribunal alone shall be competent to modify, annul or reverse any such order under the provisions of section 56.
Clerical or arithmetical mistakes in orders arising therein from any accidental slip or omission may at any time be corrected by the Revenue Officer passing the order or by any of his successors in office, either on his own motion or on the application of any of the parties concerned:
Provided that no such correction shall be made without giving a reasonable opportunity to the parties to be heard.
No order passed by a Revenue Officer shall be reversed or altered in appeal or revision on account of an error, omission, or irregularity in the summons, notice, proclamation, warrant or order or any other proceedings under this Act, unless such error, omission or irregularity has, in fact, occasioned a failure of justice.
In this Chapter, unless the context otherwise requires,--
(1) Save as otherwise provided in this Act, or any other law for the time being in force, a Revenue Court shall have jurisdiction to determine, decide or dispose of, any matter which it is, by or under this Act, empowered to determine, decide or dispose of and no Civil Court shall exercise jurisdiction as to any of such matters.
(2) Subject to the exceptions hereinafter specified, no Civil Court shall exercise jurisdiction as to any of the following matters, namely:--
Nothing in section 61 shall be held to prevent the Civil Courts from entertaining any of the following suits, namely:--
No Civil Court shall entertain any suit or other proceeding against the State Government on account of any act or omission of the State Government or any Revenue Officer, unless the plaintiff first proves that previously to the institution of the suit or other proceeding, 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 or proceeding, it was possible to present.
(1) If, in any case which, but for the provision of this Chapter, might havebeen entertained and disposed of by a Civil Court, or in any appeal or other proceeding against the order passed in such case, there arises any question on which the Tribunal whether suo motu or on the application of the party interested, desires to have the decision of the High Court, the Tribunal may cause a statement of the question to be prepared and may refer such question for the decision of the High Court.
(2) The High Court shall fix an early day for the hearing of the questionreferred, and cause notice of such day to be placed in the Court House. The parties to the case may appear and be heard by the High Court in person or by their Advocates.
(3) The High Court, when it has heard and considered the case, shallsend a copy of its decision with the reasons therefor under the seal of the Court to the Tribunal and subject to any appeal that may be presented to the Supreme Court, the case
(1) 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 entertaining and disposing of the suit or appeal, he may refer the matter to the High Court.
(2) The High Court may order the Judge making the reference, either toproceed with the case or to return the plaint.
(3) The order of the High Court on any such reference shall subject toappeal, if any, to the Supreme Court, be final.
Every reference under section 64 or section 65 shall be heard by a Bench consisting of not less than two judges of the High Court.
(1) All public roads, streets, lanes and paths, bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark and of rivers, streams, nallas, lakes and tanks and all canals and water-courses and all standing and flowing waters, and all lands wherever situated which are not the property of individuals or of aggregate of persons legally capable of holding property, and except in so far as any rights of such persons 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 the State Government.
Explanation.--In this section, "high-water mark" means the highest point reached by ordinary spring tides at any season of the year.
(2) Where any property or any right in or over any property is claimed by or on behalf of the State Government or
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