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Saturday, March 1, 2008
Eviction of unauthorised occupation of certain lands LIKE village Forests, Devarakadus, Uruduve, Gunduthopu, Tankbed, Phut Kharab, Kharab Halla,ETC
Sl No 401Circular Number RD 91 LGP 92Date 05/22/93Section Land GrantsSubject Eviction of unauthorised occupation of certain lands – Instructions regarding.Body GOVERNMENT OF KARNATAKANo. RD 91 LGP 92 Karnataka Government Secretariat, M. S. Building, Bangalore, Dated : 22nd May 1976.C I R C U L A RSub: Eviction of unauthorised occupation of certain lands – Instructions regarding.Government have from time to time issued instructions that lands specifically assigned for public purposes and lands meant for the common use of the village should not be allowed to be unauthorisedly occupied by any person. If there is any unauthorised occupation of such lands then the same shall be ruthlessly removed by following the due procedure of law and imposing the punishment provided under the law.2. It has come to the notice of the Government that the Revenue Authorities have not followed the instructions of Government in letter and spirit, resulting in unauthorised occupation of such lands and requests of such unauthorised occupants for grant or regularisation of the same. In several cases, such lands have also lost their original characteristics because of unhindered unauthorised occupation.3. It is hereby reiterated that lands such as village Forests, Devarakadus, Uruduve, Gunduthopu, Tankbed, Phut Kharab, Kharab Halla, Date-reserve, Burial grounds and the like assigned for special purposes under Section 71 of the Karnataka Land Revenue Act or vested with the Panchayath for the common use of the villagers, shall not be granted or regularised and the Government has no intention to even regularise unauthorised occupation occurring in such lands. Even Rule 108I of the Karnataka Land Revenue Rules relating to the regularisation Scheme brought into force by Government under Section 94A of the Karnataka Land Revenue Act, 1964 prohibits regularisation of unauthorised occupation in such lands. As unauthorised occupation in the above said lands cannot be regularised, the Revenue Authoritics shall take prompt necessary action for eviction of unauthorised occupation by following the due procedure laid down under the law. Any lapses in this regard shall be viewed seriously by the Government. (C. T. BENJAMIN) Commissioner & Secretary to Government,Revenue Department.
documentations needed for registration of agriculture land
(1) An affidavit stating that the transaction is not violative of the categories mentioned in the Notification Under Section 22A of the Indian Registration Act.(2) Copy of the RTC of the property involved in the transfer.(3) Copy of the extract of mutation register regarding the latest mutation of the property.(4) If the property is a granted land or occupancy rights have been granted under Land Reform Act then NOC from the Tahsildars.(5) Declaration under Section 81A of the Land Reform Act.(6) Form No.1 prescribed in the Karnataka Stamp (Prevention of under valuation) rules.(7) Income Tax Clearance Certificate prescribed under 230 A of the Indian Income Tax Act for properties which are valued at more than five lakhs.Note:- w.e.f 1-6-2000 production of form no. 34A under section 230A is not necessary as per finance act 2001.(8) Income Tax Clearance Certificate in Form 37-I prescribed under Section 269 of the Indian Income Tax Act issued by the appropriate authority of the Income Tax Department, if the value of the property is more than Rs.25 lakhs in the prescribed Area (9) Permanent account No. issued by Income Tax Department or declaration in form 60 or 61 if the value of the property involved in the transaction is more than 5 lakhs, and where the payment is made completely or partially through cash.
Grant of government land to private institutions
Sl No 218Circular Number RD 126 LGP 87Date 06/30/88Section Land GrantsSubject Grant of land to private institutions and others guidelines, RegBody GOVERNMENT OF KARNATAKANo. RD 126 LGP 87. Karnataka Government Secretariat, Multi-Storeyed Building,IIIrd Stage, 5th Floor, Bangalore, Dated 30th June 1988.C I R C U L A RSub: Grant of land to private institutions and others guidelines, Reg.,Numerous proposals are being received in Government for grant of land for public purposes to various institutions, It is observed that the proposals are not always scruitinised properly, before being sent to Government thus necessitating avoidable delays and back references. The following guidelines are issued;(1) As far as possible, available Government lands with in a radius of 10 K.M.s from Bangalore City Corporation limits should be reserved only for the use of state Government or Central Government proposals and such other schemes. These lands shall set be granted or leased to any private institutions/Trusts.(2) The applicant institution must be registered under the Co-operative Society's Registration Act or under the Registration of Societies Act.(3) The purposes for which it requires the land should be in accordance with its by laws and a copy of the Societies bye laws along with with audited statement of accounts should be submitted. The Scheme for development of the land along with proposed utilisation thereof accounts should be submitted. The Scheme for development of the land along with proposed utilisation thereof and the funds available for the purpose should verified.(4) The classification of the land proposed for grant should be indicated clearly along with extracts of the necessary records. In cases where Gomal is proposed to be granted, it should be clearly mentioned whether the gomal is sufficient for village cattle. If there is insufficient gomal, whether there are any alternative arrangements for grazing of the village cattle. The opinion of the Mandal Panchayat should also be obtained for reducing the Gomal land through a resolution of the Mandal Panchayat. In case of other Government lands the relevant provision of the rules should be made applicable.(5) Whether the land applied for falls under Green Belt should be clearly indicated;(6) Present market value with reference to the sale statis available in the sub-registrar's office should be stated.(7) An upto date list of members of the Society/Institution should be furnished.(8) Financial position of the Society/Institution.(9) In case of educational institution, a copy of the certificate of grant issued by Education Department should be enclosed.(10) A copy of the current years audit report should be enclosed.(11) Approved Plans and Estimates of the proposed constructions should be enclosed.(12) The extent of land already in their possession should be indicated.(13) The genuine need of the institution/ trust and the extent of land actually required.(14) The actual pattern of utilisation contomplated within a prescribed time limit.(15) The extent to which the institution or trust is catering to the poor and economically weaker sections, specially the SC & ST's. In other words the socio-economic purpose that is being served by the concerned institution and to what extent the lease/ grant of land is required to promoto this function.(16) Consent of the institution to pay the market value(17) All such proposals shall be examined by the Deputy Commissioner and routed through the Divisional Commissioner.The Deputy Commissioners of Districts are requested to see that the above particulars are obtained and scrutinised before taking action to sanction the land to the institutions, wherever the approval of Government is necessary the above said particulars should be furnished invariably along with their specific recommendation for grant or otherwise.A check list of the various items to be scrutinised is also enclosed which should invariably be sent along with the proposals submitted to Government in future. (BETTAVEERAIAH) Under Secretary to Government,Revenue Department.
Model temple property trust deed
DEED OF TRUST OF TEMPLE PROPERTY(RELIGIOUS TRUST)THIS DEED OF TRUST is executed at ............ this ........ day of .......... betweenMr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of .................................................................. hereinafter referred to as 'the Settlor' of the one partAnd(1) Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of ..................................................................{2J Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of ..................................................................(3) Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of ..................................................................Hereinafter collectively referred to as 'the Trustees' of the other part.Whereas:-(1) The Settlor owns a piece of land situate at ................, having khatha number ............. and it is self acquired property of settlor and more particularly described in the Schedule hereunder written.(2) The Settlor has constructed a building on the said land, in the nature of a temple and has installed therein the image or idol of the Deity of .......... after performing due ceremonies according to Hindu shastras.(3) The Settlor desires to dedicate the said temple to the public and, therefore, proposes to transfer the said temple property to the Trustees including the Settlor for being held on the following Trust and which the Trustees have agreed to do.(4) The Settlor has also set apart a sum of Rs. ........... as the initial Trust Fund to enable the Trustees to manage the said temple as hereinafter provided and the sum is handed over to the Trustees by crediting the same in an account opened in the name of the Trustees with the Bank of ........ at ....................NOW THIS DEED WITNESSETH that pursuant to the premises the Settlor doth hereby grant and transfer, all that piece of land together with the building standing thereon situated ... and more particularly described in the First Schedule hereunder written and together with all the liberties, privileges, easements, and other appurtenances belonging to the said land and building AND TOGETHER with all rights title and interest of the Settlor into and upon the said piece of land and building and other the premises hereby granted and transferred TO HAVE AND TO HOLD the same unto the Trustees but upon the use and Trusts and subject to the powers, provisions, directions, terms and conditions hereinafter mentioned and subject to the payment of all taxes dues and duties payable to the Government or Municipal Corporation or any other local authority.AND IT IS HEREBY DECLARED AS FOLLOWS:1. This Trust will be known as ........... Temple Trust.2. The Trustee shall invest the said amount of Rs. ........ and all other moneys forming part of the Trust Fund as hereinafter defined in Trust securities prescribed by law including fixed deposits with any nationalised public Banks or in bonds and other securities offered by public or Government Corporations or companies but not in shares of and fixed deposits with any commercial company or Corporation in the private sector. The Trustees will be entitled to change the investments from time to time as required but shall not trade in such investments for profit.3. The expression "Trust Fund" appearing herein will mean the said sum of Rs. ........... and will include or will be deemed to include all moneys received as donations or gifts or by sale or other disposal of any Trust property, moveable or immoveable including moneys offered before the said deity from time to time and at all times and all moneys received or recovered by way of income or profits or gains from the Trust Fund or property or in any other form or by any other way whatsoever.4. The expression "Trust Property" appearing in this deed will mean the said temple property described in the Schedule hereunder written and hereby granted and all other moveable and immoveable properties or other intangible rights received by the Trustees by way of donations, gifts or purchase or other mode of acquisition and all articles and things offered to or before the deity or otherwise received or recovered by any other mode or in any other way whatsoever.5. The Trustees shall, out of the gross income from the Trust Property and Trust Fund pay all the liabilities by way of taxes and other levies payable to the Government or Municipality or any other local authority and all other outgoings for repairs and managing of the Trust property including the salaries or wages payable to the servants and other employees employed by the Trustees for the management of the Trust property and otherwise authorized by this deed or in law.6. Any moneys received by the Trustees on any account shall be first credited to the account or accounts opened by the Trustees in one or more Bank or Banks and no moneys so received shall be spent or utilised directly in making any expenses except expenses not exceeding a sum of Rs. ........... at a time. All expenses to be incurred will be made by drawing moneys by cheque from one or the other Bank account.7. The Trustee shall keep one or more boxes properly locked and sealed and permanently fixed or fastened to any permanent fittings in the temple for collecting or receiving the moneys offered by the devotees visiting the temple and such box or boxes will be opened by them at the end of each week or earlier if necessary in the presence of the two Trustees or any one Trustee and any employee of the Trust and moneys will be collected and shall be directly deposited in the Bank account. A separate book will be maintained for the purpose and entries of such moneys will be made in the book against each date or time the box is opened. The Managing Trustee or any Manager if appointed will retain the keys of such boxes.8. All the offerings before the deity by way of moveable articles will be collected every day and will be collected and kept at a safe place and will be sold by auction and at such reasonable intervals as the Trustees may think fit except such articles as are perishable by their nature and which will be distributed among such needy people as the Trustees may think fit.9. The Trust temple will be kept open to the public for such period or periods every day as the Trustees may decide from time to time, but otherwise it will be open to all persons irrespective of any caste or creed. There shall be equality among all. No rich and poor discrimination shall be made. No preference shall be given to individuals for darshanas based on their power and richness, first come first darshan principle should be adopted.10. The actual temple premises shall be used and allowed to be used only for worship and any programme or function related to such worship, religious preachings and not for any other purpose. No political functions shall be allowed. No election campaigns shall be allowed. No politically motivated offerings shall be allowed.11. All expenses of and incidental to the daily pooja and occasional poojas and of all other functions or religious ceremonies held in the Temple will be borne and paid out of the income of the Trust Fund. The Trustees shall celebrate the birthday of the deity every year and hold such other religious functions including kirtans and pravachanas as they may think fit.12. The Trustees shall not accept any money or other donations for performing casually or otherwise religious ceremony or duty from the members of the public though the Trustees may allow the Pujari to do so on his own responsibility.13. The Trustees shall be entitled to employ other servants for maintenance and upkeep of the temple including a Manager, Accountant, Clerk or Watchman and pay the wages and other emoluments as may be fixed by the Trustees from time to time which will be paid out of the income of the Trust Fund.14. The Trustees shall have power also to engage the services of Architects, Chartered Accountants, Lawyers and other professionals for advice or attending to any work in connection with the Trust from time to time and to pay their fees and other charges out of the income of the Trust property and fund.15. The Trustees shall be entitled to carry out repairs and or renovations or additions to the temple building from time to time, and meet the expenses thereof out of the corpus of the Trust Funds but the Trustees, shall have no power to sell the said temple property described in the Schedule hereunder written or any part thereof or mortgage the same or to create any charge thereon. The Trustees, however, will have the power to purchase or otherwise acquire any immoveable property including any flat or other premises in a Co-operative Housing Society or an apartment ownership if it is in the interest of the Trust, but not otherwise, and also power to sell or give on lease or tenancy any such property purchased or otherwise acquired if it is in the interest of the Trust to do so.16. If after meeting all expenses of and relating to the maintenance and upkeep of the said Temple property and the holding of Pujas or other functions in the temple and payment of all other liabilities any income still remains at any time or from time to time the Trustees will have power to spend the same on any of the following charitable objects viz(1) In giving donations to any educational or medical or other charitable institution;(2) In meeting the costs or expenses of medical treatment required to be given to any deserving poor patient who cannot afford to meet the same otherwise;(3) In helping any persons, directly or indirectly, who are affected by calamity such as earthquake, fire, floods or other accidents.(4) In establishing age old homes, destitute homes, anathashramas (orphanages), beggars rehabilitation centers, hygienic public use toilets, drug addictors rehabilitation centers, centers for treating mentally retarded, family counseling centers, etc.,(5) Organizing pravachanas(teachings) for promoting national integrity and communal harmony.17. The Trustees shall from time to time open in their own names or in the name of the Trust one or more accounts or account, current or saving/ with any one or more Banks as they may think fit and any two of the Trustees (and during the lifetime of the Settlor as Trustee, he will be one of them) shall be entitled to operate the same by drawing, accepting endorsing and otherwise negotiating cheques, or other negotiable instruments, withdrawing moneys therefrom, from time to time and otherwise operating the same.18. For the purpose of increasing the income of the Trust, the Trustees shall be entitled to construct any hall or other premises or accommodation for holding temple functions or for letting out the same for functions by others on such terms and conditions as the Trustees may think fit but in such case the Trustees shall keep the premises of the temple free from any disturbance or encroachments or use in connection with such function and shall not cause any interference with or annoyance to the worshipers visiting the temple.19. The Trustees shall keep the said temple property as well as all other immoveable property and valuable moveable property insured for a reasonable amount or amounts against fire, theft and other accidents as they think fit and shall keep the insurance alive all the time.20. The Trustees will have power to accept any donation of any property moveable or immoveable or of moneys or securities provided such donation is not onerous or against the interest of the Trust and the conditions, if any, imposed are not inconsistent with the provisions of this Deed or contrary to the main object of this Trust.21. During the time the settlor is a Trustee of this Trust, he will act as Managing Trustee of the Trust, and after he ceases to be a Trustee, the Trustee shall appoint a Managing Trustee from among them. In the absence of any agreement between the Trustees as to who should be the Managing Trustee, the senior most in age among them would act as the Managing Trustee.22. Any of the powers and authorities by this Trust given to or vested in the Trustees may at any time, when there is more than one Trustee, be exercised by a majority of the Trustees and without the concurrence, or with merely a formal concurrence of any Trustee who by reason of illness, infirmity or otherwise may be unable, without inconvenience, to take an active part therein and such Trustee may in order to facilitate business, by power of attorney or otherwise, empower any of the other Trustees to use his or her name for execution or signature of documents or for any of the purposes of this Trust without being responsible for loss and all the acts and proceedings of the majority of the Trustees shall in such case be valid and effectual as if they had all concurred therein. All acts, proceedings and exercise of discretion of the majority of the Trustees shall be absolutely binding on the remainder of the Trustees.23. The Trustees shall have full power to file and defend suits, appeals, applications etc., and for any one of them to declare, sign and verify all plaints, written statements, rnemos of appeals, cross-objections, applications, affidavits, vakalaths, SPA’s, etc., and to accept writ of summons, notices etc., and to appear in any Court of law or Tribunal or before any Government Officer in connection with such legal matter or any other matter concerned with the Trust and other proceedings and all differences disputes and demand and to refer any such difference, dispute or demands to arbitration and adjust, approve and settle all accounts relating to the Trust Fund and to execute all releases and discharges and to do all other things relating thereto.24. The receipt of the Trustees or any of them for the purchase money of any property hereby directed or authorized to be sold or for any other moneys paid and for any securities transferred to them by virtue of these presents or in the execution of any of the Trusts or powers hereof shall effectually discharge the person or persons paying or transferring the same there from or from being bound to see at the application or being answerable for the loss or misapplication thereof.25. The Trustees shall be responsible for their own individual acts and defaults only and not for the acts or defaults of the other or others nor for the acts or defaults of any banker, broker, auctioneer or other persons into whose hands any Trust property consisting of securities or money or the income thereof shall in the ordinary course of business come or for the depreciation of any property or securities nor for any mistake or error of judgment committed by them in regard to the choice of the recipients of the benefit of Trust premises of the objects thereof in any particular case or cases or otherwise howsoever except for their willful acts and default only.26. The Trustees shall pay themselves and defray and satisfy out of the Trust Funds for the time being all expenses which they may reasonably have to incur in and about the execution of the Trusts and powers herein contained and the administration of the Trust premises hereby effectuated, including the premium for the insurance of the buildings for the time being subject to the Trust hereof but the Trustees shall not be personally responsible for any loss arising in consequence of any accidental omission to insure any building against risk from fire or other risk.27. The Trustees shall cause proper accounts to be kept of the Trust premises and all additions thereto and the income thereof respectively and the accumulations of such income and the application thereof from time to time and shall on checking the same sign the account books twice in each year. The account books so signed by the Trustees shall be examined audited and certified by one or more properly qualified chartered accountants once in each year and the audited statements of account shall likewise be signed by all the Trustees.28. The Trustees may at some convenient place in .......... and at convenient intervals hold meetings from time to time as occasion shall require, for the transaction of the business of the Trust.29. Any one Trustee may convene a meeting of the Trustees for the transaction of any particular business and any business may be disposed of by a circular instead of at a meeting unless majority of the Trustees think otherwise.30. At least two clear days' notice shall be given to the Trustees as to the place, hour and day of the meeting and of the nature of the business to be transacted thereat.31. The original minutes of the proceedings of every such meeting shall be deposited at the office of the Trustees who shall provide for the safe custody thereof.32. If and so often as any of the Trustees hereby appointed or any future Trustees or Trustee of these presents shall die or go to reside out of India or refuses or becomes unfit or incapable to act in the Trusts of these presents or shall be adjudged insolvent or if the settlor or the Trustees for the time being shall be desirous of appointing additional Trustee or Trustees hereof with them, it shall be lawful for the settlor during his life and after his death for the surviving or continuing Trustees or Trustee for the time being of these presents or if there shall be no surviving or continuing Trustee then for the retiring or refusing Trustees or Trustee or the heirs, executors or administrators of the last acting Trustee to appoint any other person or persons to be a Trustees or Trustee in the place of the Trustee or Trustees so dying or going to reside abroad or desiring to retire or refusing or becoming unfit or incapable to act as aforesaid or to appoint an additional Trustee or Trustees as aforesaid with liberty upon such appointment to increase or diminish the original number of Trustees which shall never be less than three or more than five and upon every appointment made under this clause the Trust premises hereby settled and the investment for the time being thereof shall be so transferred as to become vested in the new Trustees or Trustee jointly with the continuing Trustees or Trustee or solely as the case may require and every Trustee so appointed as aforesaid may as well before as after such transfer act as fully and effectually as if he had been hereby constituted a Trustee, provided that, every such Trustee hereafter appointed shall be a devotee of the said deity.33. In all cases of difference of opinion amongst the Trustees as to whether a particular act should be done or omitted to be done in the execution of the Trusts hereof or as to the powers and authorities herein contained or as to the true intent and meaning of any of the clauses or Trusts hereof the same shall be disposed of and dealt with in accordance with the opinion of the majority which shall be final and conclusive. In case of an equality of votes and Managing Trustee shall put a second or casting vote.IN WITNESS WHEREOF the Settlor and the Trustees have set their respective hands the day and year first hereinabove written.THE SCHEDULE ABOVE REFERRED TO:Signed and delivered by the within named Settlor in the presence of.......... ".Signed and delivered by the within named Trustees(1)............. ;(2).............(3).............in the presence of................
tips to frame lease/rental deed
TIPS TO FRAME LEASE OR RENTAL AGREEMENT.NAMES OF ALL TENANTSEvery adult who lives in the rental unit, including both members of a married or unmarried couple, should be named as tenants and sign the lease or rental agreement. This makes each tenant legally responsible for all terms, including for the full amount of the rent and the proper use of the property. This means that you can legally seek the entire rent from any one of the tenants should the others skip out or be unable to pay; and if one tenant violates an important term of the tenancy, you can terminate the tenancy for all tenants on that lease or rental agreement.LIMITS ON OCCUPANCYYour agreement should clearly specify that the rental unit is the residence of only the tenants who have signed the lease and their minor children. This guarantees your right to determine who lives in your property -- ideally, people whom you have screened and approved -- and to limit the number of occupants. The value of this clause is that it gives you grounds to evict a tenant who moves in a friend or relative, or sublets the unit, without your permission.TERM OF THE TENANCYEvery rental document should state whether it is a rental agreement or a fixed-term lease. Rental agreements usually run from month-to-month and self-renew unless terminated by the landlord or tenant. Leases, on the other hand, typically last for certain years. Your choice will depend on how long you want the tenant to stay and how much flexibility you want in your arrangement.RENTYour lease or rental agreement should specify the amount of rent, when it is due (typically, the first of the month), and how it's to be paid, such as by mail to your office. To avoid confusion and head off disputes with tenants, spell out details such as: acceptable payment methods (such as personal check only), whether late fees will be due if rent is not paid on time, the amount of the fee, and whether there's any grace period, and any charges if a rent check bounces.DEPOSITS AND FEESThe use and return of security deposits is a frequent source of friction between landlords and tenants. To avoid confusion and legal hassles, your lease or rental agreement should be clear on: the amount of the security deposit, how you may use the deposit (for example, for damage repair) and how the tenant may not use it (such as applying it to last month's rent), when and how you will return the deposit and account for deductions after the tenant moves out, and any legal non-returnable fees, such as for cleaning or pets created damages.REPAIRS AND MAINTENANCEYour best defense against deductions in security deposits is to clearly set out your and the tenant's responsibilities for repair and maintenance in your lease or rental agreement, including: the tenant's responsibility to keep the rental premises clean and sanitary and to pay for any damage caused by his or her abuse or neglect, a requirement that the tenant alert you to defective or dangerous conditions in the rental property, with specific details on your procedures for handling complaint and repair requests, and restrictions on tenant repairs and alterations etc.,ENTRY TO RENTAL PROPERTYTo avoid tenant claims of illegal entry or violation of privacy rights, your lease or rental agreement should clarify your legal right of access to the property -- for example, to make repairs -- and state how much advance notice you will provide the tenant before entering.RESTRICTIONS ON TENANT ILLEGAL ACTIVITYTo avoid trouble among your tenants, prevent property damage, and limit your exposure to lawsuits from residents and neighbors, you should include an explicit lease or rental agreement clause prohibiting disruptive behavior, such as excessive noise, and illegal activity, such as drug dealing.PETSIf you do not allow pets, be sure your lease or rental agreement is clear on the subject. If you do allow pets, you should identify any special restrictions, such as a limit on the size or number of pets or a requirement that the tenant will keep the yard free of all animal waste.OTHER RESTRICTIONSBe sure your lease or rental agreement complies with all relevant laws including rent acts, ordinances, health and safety codes, occupancy rules, and anti-discrimination laws. State stamp and registration laws are especially key, notice requirements for entering rental property, tenants' rights to sublet or bring in additional occupants and rules for changing or ending a tenancy.LIMITS ON THE TYPE OF BUSINESSAny other legal restrictions, such as limits on the type of business a tenant may run from home, should also be spelled out in the lease or rental agreement. Important rules and regulations covering parking and use of common areas should be specifically mentioned in the lease or rental agreementEXAMPLES AND SAMPLES OF CLAUSESA. To keep the said land and buildings in good and substantial repair and deliver the same up to the Owner at the end of the term in good and substantial repair;B. To permit the Owner or his agent to enter at all reasonable times to view the condition of the premises and to make good all defects there found, within three months after notice;C. To permit the Owner his agent servants or workmen to enter and carry out all or any of the repairs which the Builder is liable to execute in all cases in which the Builder shall not execute the same within three months after receiving notice so to do and in such cases to pay to the Owner on demand the costs of such repairs but such covenant shall in no way relieve the TENANT from his liability to execute such repairs;D. To insure and keep insured the said buildings in the joint names of the tenant and Owner against fire insurance and at all times, when required, to produce the policy of insurance, and the receipts of the respect of the same premiums in to the Owner or his agent, and to cause any money received by virtue of any such insurance to be forthwith applied in reinstating the premises, and if the same shall be insufficient to make up the defficiency;E. To pay, a reasonable proportion towards the costs and expenses of making, supporting and repairing all pavements, fences, and party walls, sewers and drains, belonging to the premises, in common with other buildings or lands, such proportion to be ascertained by the surveyor of the Owner.F. A condition for re-entry by the Owner on non-payment of rent for thirty days, or on breach of any of the covenants;G. The tenant (having accepted the Owner's title) shall at the time aforesaid accept a Lease of the premises for the .............. term, at the rent of ...................., and subject to the covenants and conditions hereinbefore mentioned, and pay the costs and expenses of and incidental to the preparations and execution of this agreement and the said lease.H. The tenant shall not assign the benefit of this agreement, without the consent in writing of the Owner.COVENANT AGAINST CARRYING ON OFFENSIVE TRADES ETC.Not to use the demised premises or any part thereof or permit or suffer the same to be used for any illegal or immoral purpose nor [without the consent in writing of the landlord] to carry on or permit or suffer to be carried on thereon or on any part thereof any offensive noisome obnoxious or dangerous trade business manufacture or occupation whatsoever [or use the demised premises or permit or suffer the same to be used as a factory] or so as to cause nuisance annoyance or inconvenience, to the landlord his tenants or the occupiers of neighbouring houses.COVENANT FOR USE OF THE DEMISED PREMISES SOLELY FOR RESIDENTIAL PURPOSETo use the demised premises for the purpose of a private [or professional] residence in single occupation only, provided that in the latter case the tenant may affix to the demised premises a name plate not exceeding.......... in size but shall not erect or exhibit any other sign notice or advertisement of any kind whatsoever on the demised premises.COVENANT AGAINST NUISANCE OR ANNOYANCE TO THE LANDLORD OR OTHER CO-TENANTSNot to do or permit or suffer anything to be done in or upon the demised premises or any part thereof which may be or become a nuisance or annoyance or cause damage or inconvenience to the landlord or the tenants or occupiers of neighbouring houses.COVENANT FOR INSURANCE OF THE DEMISED PREMISES BY TENANTWITH MODE OF APPLICATION OF THE INSURANCE MONEY— LANDLORD TO INSURE IN CASE OF TENANT'S DEFAULT AND GET REIMBURSEMENTTo keep the demised premises insured at ail times throughout the tenancy in the joint names of the landlord and the tenant from loss or damage by fire flood and other risks and special perils in the sum of Rs.......... at least [or a sum equal to the full insurable value thereof from time to time throughout the said term] and to make all payments necessary for the above purposes within seven days after the same shall respectively become due and to produce to the landlord or his agent on demand the policy or policies of such insurance and the receipt for each such payment and to cause all monies received by virtue of any' such insurance to be forthwith laid out in rebuilding and reinstating the demised premises or any part thereof in respect of which such monies shall have become payable or have been received in accordance with the original plans elevations and details thereof with such variations (if any) as may be agreed by the landlord or may be necessary having regard to the then existing statutory provisions bye-laws and regulations affecting the same and any necessary sanction from the appropriate authority (which it shall be the tenant's obligation to obtain) and] to the satisfaction in all respects of the surveyor for the time being of the landlord and to make up any deficiency out of his own monies PROVIDED ALWAYS that if the rebuilding or reinstatement of the buildings or any part thereof shall be frustrated all such insurance monies (other than as aforesaid) relating to the buildings or part in respect of which the frustration occurs shall be apportioned equally [or as may be otherwise agreed] between the landlord and the tenant and that if the tenant shall at any time fail to keep the demised premises insured as aforesaid the landlord may do all things necessary to effect and maintain such insurance and any monies expended by him for that purpose shall be repayable by the tenant on demand and be recoverable forthwith by action.COVENANT FOR PAYMENT OF PROPORTIONATE COST FOR MAINTENANCE OF ROADS USED FOR COMMON ENJOYMENTIt is hereby agreed and declared as follows :I. The lessor will maintain in repair the roads specified in the schedule hereto [and coloured brown on the plan annexed hereto] (being the roads over which a right of way is granted to the lessee) until they are taken over by the appropriate authority.II. The lessee will pay a proportion of the cost of maintaining the said roads such proportion to be fixed by the lessor's surveyor PROVIDED that the lesseeshall not be required to pay hereunder a greater sum than Rs.... in any year of the tenancy.III. In the event of.............. road [or the road in which demised premises are situate] being taken over by the local authority the lessee [or lessor] will pay all outgoings imposed on the demised premises in respect of works done for that purpose and thereafter the lessee will not be liable to contribute any sum towards the maintenance of any of the said Roads.COVENANT RESTRICTING USER OF THE DEMISED PREMISES ONLY AS A DWELLING HOUSE OR PROFESSIONAL RESIDENCEA. The tenant will use the demised premises only for the purpose of a dwelling-house or professional residence provided that in the latter case the tenant may affix to the said premises a brass plate not exceeding......... in size and stating his name profession and hours of attendance without any addition whatsoever [or use as a shop or use as a light [general industrial building].B. The said use of the premises is a permitted use thereof and the tenant will not carry out any material change of use without the previous consent in writing of the landlord.C. The tenant shall comply in all respects with the provisions and requirements of the relevant laws, bye-laws and regulations for the time being in force whether as to the permitted user hereunder or otherwise and shall indemnify and keep the landlord indemnified against all liability whatsoever including costs and expenses in respect of any contravention thereof.D. The tenant will keep the garden and other land not occupied by buildings in a clean and proper conditions and so as not to cause injury to the amenity of any adjoining land and will forthwith comply.COVENANT AGAINST ASSIGNMENT AND UNDERLEASENot to assign underlet or part with [or share] the possession of the demised premises or any part thereof [without the written consent of the landlord] [such consent however not to be unreasonably withheld in the case of a respectable and responsible person.]COVENANT FOR NOTICE OF ASSIGNMENT OF LEASE TO LESSORWithin one month after every assignment assent transfer or underlease {otherwise than by way of mortgage) of or relating to the demised premises or any part thereof or any bequest or devolution of the interest of the tenants therein or affecting the same to give notice thereof in writing with full particulars thereof to the landlord.PROVISIONS FOR DIRECT COVENANTS BETWEEN UNDER LESSEE AND THE LANDLORD IN CASE OF ASSIGNMENTProvided always that every assignment or underlease or tenancy agreement shall contain a covenant by the assignee underlessee or tenant as the case may be directly with the landlord to observe and perform the covenants and conditions herein contained including a covenant not to further assign or underlet or part with the possession of the demised premises [or any part thereof] without such consent as aforesaid and in the case of an assignment to pay the rent hereby reserved.COVENANT FOR PAYMENT OF RATES AND TAXES ETC. BY TENANTTo pay all existing and future rates taxes assessments and outgoings now or hereafter imposed or charged upon the owner or occupier of the demised premises except only such as the owner is by law bound to pay notwithstanding any contract to the contrary.COVENANT BY LANDLORD SUPPLEMENTAL TO A SUBSISTING LEASE TOOFFER ADDITIONAL ACCOMMODATION TO THE TENANT UPON A FUTUREVACANCY IN OTHER PART OF THE DEMISED OFFICE PREMISESIn the event of the.............. [and..............] floors of the building [or either ofthem] or any part thereof [respectively] becoming vacant at any time during the period of this lease the landlord will whenever the vacancy occurs offer the same to the tenant in the manner hereinafter mentioned and the following provisions shall apply:A. The landlord shall give to the tenant notice in writing of the premises becoming vacant as aforesaid whenever the same shall occur ;B. If the tenant shall within one month of the receipt of such notice state his desire in writing to the landlord for a lease of such premises the landlord shall thereupon grant to the tenant a lease of the said premises for a term co-terminous with the term hereby granted at the rent hereinafter mentioned and containing (with the exception of the present covenant) the like covenants agreements conditions and provisos as are herein contained so far as the same are applicable. The tenant on the execution of such additional lease or leases shall execute a counterpart thereof;C. The rent to be paid under the said additional lease or leases shall be such sum as shall be agreed between the landlord and the tenant as then representing the fair rent for such premises for a term of years equivalent to the then un expired residue of the said term granted by this lease as between a willing landlord and a willing tenant with vacant possession and otherwise on the terms hereinbefore mentioned.COVENANTS BY SURETY FOR PAYMENT OF RENT AND PERFORMANCE OF OBLIGATIONS BY TENANTThe surety [or sureties] in consideration of the demise hereinbefore contained having been made at his [ortheir] request hereby [jointly and severally] covenants] with the landlord that the tenant will pay the rent hereby reserved on the days and in manner aforesaid and will perform and observe all the tenant's covenants hereinbefore contained and that in case of default in such payment of rent or in the performance or observance of such covenants as aforesaid the surety [or sureties or one of them] will pay and make good to the landlord on demand all losses damages costs and expenses thereby arising or incurred by the landlord PROVIDED ALWAYS and it is hereby agreed that any neglect or forbearance of the landlord in endeavouring to obtain payment of the rent hereby reserved when the same becomes payable or to enforce performance of the several stipulations herein on the tenant's part contained and any time which may be given to the tenant by the landlord shall not release or exonerate or in any way affect the liability of the suretyjor sureties] under this covenant.CLAUSE PROVIDING ABATEMENT OF RENT IN CASE OF FIREIf the demised premises or any part thereof shall at any time during the tenancy be destroyed or damaged by fire so as to be unfit for habitation and use and the policy or policies of insurance effected by the landlord shall not have been vitiated or payment of the policy monies refused in whole or in part in consequence of any act or default of the tenant and the demised premises shall not be rebuilt or reinstated by the landlord within........ months after the event the sum of Rs.......... part of the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall after the expiration of such.......... months be suspended until the demised premises shallagain be rendered fit for habitation and use and any dispute concerning this clause shall be determined by a single arbitrator in accordance with the Arbitration Act, 1940 or any statutory enactments in that behalf for the time being in force.COVENANT FOR PAYMENT OF RATES, TAXES ETC. BY TENANTTo pay all existing and future rates taxes assessments and outgoings imposed or charged in respect of the demised premises such outgoings [in respect of street works, sewering, draining, sanitary or other work done under the order of any public authority] as are payable by the landlord in the absence of special stipulations to the contrary only excepted.COVENANT FOR QUIET ENJOYMENTThe tenant paying the rent hereby reserved and performing and observing the several covenants on his part and the conditions herein contained shall peaceably hold and enjoy the demised premises during the said term without any interruption by the landlord or any person rightfully claiming under or in trust for him.COVENANT TO APPLY IN REBUILDING, ETC. MONEY RECEIVED FROM INSURANCE NOT COVENANTED TO BE RECEIVEDIf at any time the landlord is entitled to the benefit of any insurance on the demised premises (which is not effected or maintained in pursuance of his obligation aforesaid) then to apply all money received by virtue of such insurance in making good the loss or damage in respect of which the same shall have been received.COVENANT NOT TO PERMIT SPECIFIED TRADE ON ADJOINING PROPERTY OF LANDLORD, ETC.Not during the term to carry on or permit suffer to be carried on by others in or upon the adjoining premises belonging to the landlord and known as Nos..............street (or upon any adjoining property now belonging or which shall at any time hereafter belong to the landlord) or any part thereof the trade or business of a............... (hereinbefore covenanted to be carried on by the tenant upon the demised premises) or any branch or such business and if the said adjoining premises of the landlord or any part thereof shall at any time during the continuance of the term be sold conveyed demised or otherwise disposed of by the landlord or become vested in any other person whomsoever this covenant shall be operative and binding upon every other such person and shall be enforceable by the tenant and his assigns against all persons hereafter claiming any estate or interest in the said adjoining property or any part thereof.COVENANT TO YIELD UP TENANCYAt the determination of the tenancy to yield up the demised premises and all additions thereto and all fittings and (landlord(s) fixtures therein in tenantable repair in accordance with the tenant's covenants herein contained.COVENANT BY UNDERLESSEE TO PERFORM COVENANTS IN HEAD LEASETo perform and observe the covenants on the lessee's part contained in the head lease except only the covenant for payment of the rent reserved thereby and the covenant for insurance therein contained and to keep the landlord indemnified against all claims damages costs and expenses in any way relating thereto.COVENANT TO REPAIR OUTSIDE OF PREMISESTo (repair and) keep the exterior (other than windows and skylights locks latches and fasteners) of the demised premises and of all additions to the same (and the internal load bearing walls roof and floor joists thereof (but not including plaster or other surface material applied to interior faces of any load bearing walls whether internal or external or floor boards or ceilings) and the main drains and the boundary walls and fences thereof in tenantable repair.COVENANT TO PAY INCREASED RENT OR ANY INCREASE IN THE EXISTING RATES AND TAXES PAID BY THE LANDLORDTo pay the reserved rent on the days and in the manner aforesaid and also to pay to the landlord by way of additional sum equal to the amount by which the rates (excluding water rate) from time to time payable in respect of the demised premises shall exceed the sum of Rs...........for each quarter [being the sum now payable in respect of rates] such payments to be made on the quarter day following the payment of rates by the landlord. The landlord shall on demand by the tenant produce the receipt for the payment of the rates.Covenant for furnishing of all Notices affecting the existing Rates or Taxes for the demised premises to the Landlord. The tenant will immediately upon receipt thereof deliver to the landlord all notices received by him from the assessing authority the valuation officer or from any other person whatsoever which affect or are likely to affect the rates payable in respect of the demised premises or the assessment of the rateable value thereof.CLAUSE AS TO NOTICESUpon the receipt of any notice order direction or other thing from any competent authority affecting or likely to affect the demised premises whether the same shall be served directly on the tenant or the original or a copy thereof be received from any underlessee or other person whatsoever the tenant will so far as such notice order direction or other thing or the Act regulations or other instrument under or by virtue of which it is issued or the provisions hereof require him so to do comply therewith at his own expense and will forthwith deliver to the landlord a copy of such notice order direction or other thing.COVENANT FOR INSURANCE AND RECONSTRUCTION IN CASE OF FIRE, WITH SUSPENSION OF RENT UNTIL PREMISES ARE FIT FOR HABITATIONA. At all times throughout the tenancy to keep the demised premises insured against loss or damage by fire in the sum of Rs......... at least and to make all payments necessary for the above purpose within seven days after the same shall respectively become payable and to produce to the tenant on demand the policy of such insurance and the receipt for the last such payment in respect of the policy and to cause all money received by virtue of such insurance to be forthwith laid out in rebuilding and reinstating the demised premises and to make up any deficiency out of his own money provided that the landlord's obligation under this covenant shall cease if the insurance shall be rendered void by reason of any act or default of the tenant.B. If the event of the demised premises being damaged or destroyed by fire to reinstate the same at his own expense and with all convenient speed and this covenant is additional to the foregoing covenant to insure the demised premises.C. In the event of the demised premises or any part thereof at any time during the tenancy being damaged or destroyed by fire so as to be unfit for habitation and use then the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the demised premises shall again be rendered fit for habitation and use and any dispute concerning this clause shall be determined by a single arbitrator in accordance with the Arbitration Act, 1940 or any statutory enactment in that behalf for the time being in force.COVENANT FOR LIABILITY IN CASE OF BREACH OF ANY CLAUSE OF INSURANCE POLICYNot to do or permit or suffer to be done anything whereby the policy or policies of insurance on the demised premises against damage by fire (a copy of which the landlord shall if required furnish to and at the expense of the tenant) may become void or voidable or whereby the rate of premium thereon may be increased and to repay to the landlord all sums paid by way of increased premiums and all expenses incurred by him in or about in renewal of such policy or policies rendered necessary by a breach of this covenant and all such payments shall be added to the rent hereinbefore reserved and be recoverable as rent.COVENANT FOR RECONSTRUCTION OF DEMISED PREMISES DAMAGED BY FIRE—WHERE INSURANCE MONEY IS WHOLLY OR PARTIALLY RECOVERABLEIn the event of the buildings hereby demised or any of them or any part thereof being destroyed by fire at any time during the tenancy and the insurance money under any policy of insurance effected thereon by the landlord being by reason of any act or default of the tenant wholly or partially irrecoverable forthwith in every such case to rebuild and reinstate at his own expense the building so destroyed or damaged to the satisfaction and under the supervision of the landlord's surveyor the tenant being allowed towards his expenses of so doing upon such rebuilding and reinstatement being completed the amount (if any) actually received by or on behalf of the landlord in respect of such destruction or damage under any such insurance as aforesaid.SPECIAL COVENANT FOR PROVISIONS IN CASE OF ASSIGNMENT TO A COMPANYThe Tenant shall not assign underlet or part with the possession of the demised premises or any part thereof without the written consent of the landlord such consent not to be unreasonably withheld in the case of a respectable and responsible person PROVIDED however that should the tenant desire to assign the demised premises or any part thereof to a limited company he shall before doing so procure that two directors thereof join in the assignment as sureties for the company and jointly and severally covenant with the landlord that so long as the term granted by the lease is vested in the company they will pay and make good to the landlord all losses costs and expenses sustained by the landlord through the default of the company to pay the rent reserved by the lease or the failure of the company to observe and perform the tenant's covenants and conditions therein contained.COVENANT FOR FURNISHING COPY OF ASSIGNMENT/UNDER LEASEWithin one month of every assignment transfer of underlease of or relating to the demised premises or any part thereof to give notice thereof in writing with particulars thereof to the solicitors for the time being of the landlord and produce to them copy of such assignment transfer or underlease or in the case of a devolution of the interest of the tenant not perfected by an assent to produce to the said solicitors the probate of the will or the letters of administration under which such devolution arises.COVENANT TO PAY RENT AND OBSERVE COVENANTS OF THE PRINCIPAL LEASEDuring the term to pay the rent reserved by the head lease and to perform (so far as the tenant is not liable for such performance under the covenants on his part hereinbefore contained) all the lessee's covenants contained therein and to keep the tenant indemnified against all claims damages costs and expenses in any way relating thereto.COVENANT FOR UNINTERRUPTED SUPPLY OF WATER TO A FLATThe landlord will at all times maintain a reasonable and adequate supply of water for domestic purposes to the flat PROVIDED that the landlord shall not be under any liability whatever for any interruption of such supply of water from any cause whether or not such cause arises from or is contributed to by the negligence of the landlord or his servants and agents. The tenant shall not add to or in any way interfere with the pipes or other apparatus for such supply.INDEMNITY CLAUSE PROVIDING SECURITY TO AN UNDERLESSEE AGAINST CONSEQUENCES FOR NON-PAYMENT OF RENT UNDER THE PRINCIPAL LEASEa. The underlessor hereby covenants with the underlessee that the underlessor or the person deriving title under him will henceforth duly pay the yearly rent made payable by the head lease and will observe and perform all the covenants and conditions therein contained and henceforth on his part to be observed and performed.b. It is hereby agreed and declared that if the underlessee shall at any time or times hereafter pay any sum or sums of money or sustain or incur any loss, damage or expense for or on account of the said last-mentioned yearly rent covenants and conditions then and in every such case and so often as the same shall happen it shall be lawful for the underlessee to retain the said rent hereby reserved until there shall thereby or otherwise be fully paid and satisfied all and every sum or sums of money loss damage or expense as aforesaid and also by way of additional remedy to enter upon and remain in possession and receipt of the rents and profits of any such part of the premises comprised in the head lease as is not hereby demised until by the means aforesaid or otherwise he shall be fully reimbursed all monies, loss, damage, or expense so paid sustained or incurred PROVIDED ALWAYS that the power last hereinbefore contained shall so far as regards such parts of the premises comprised in the head lease as have already or may hereafter be underlet be exercisable only in respect of and be limited to the receipt of the rents reserved by the underleases by which such parts may be underlet respectively.PROVISO TO A REPAIRING COVENANT EXTINGUISHING TENANT'S LIABILITY WHERE PERMISSION OF APPROPRIATE AUTHORITY COULD NOT BE OBTAINEDProvided always and it is hereby agreed that the liability of the tenant here-under to repair shall in all cases be satisfied by the execution of all repairs for the execution of which he can by making all proper and sufficient applications obtain any necessary permission of a competent authority and that where any such permission is refused or granted only to some limited extent, his liability to execute any repairs to which such refusal extends and his liability to pay damages for such non-execution shall be extinguished.CLAUSE FOR SECURITY DEPOSIT AGAINST DAMAGES AND OTHER PUBLIC UTILITY CHARGES FOR A FURNISHED APARTMENTThe tenant agrees to pay to the landlord on the signing of this agreement a deposit of Rs............ to be held by him until the maintenance expiration of the tenancy as security towards the tenant's liability for electricity, telephone rental charges and repairs to damages.COVENANT FOR INDEMNITY BY UNDER LESSEE IN FAVOUR OF UNDER LESSOR AGAINST CLAIM OF SUPERIOR LANDLORD UPON THE UNDER LESSOR FOR BREACH OF ANY COVENANT IN THE ORIGINAL LEASE BY THE UNDERLESSEEThe underlessee hereby covenants with the underlessor that he will fully and effectually indemnify the underlessor against all claims costs expenses and proceedings taken by a superior lessor against the underlessor in respect of the breach of the covenant to leave the said premises in repair at the determination of the term granted by such superior lease.RESTRICTIVE COVENANT AGAINST ALTERATIONS OF THE DEMISED PREMISES WITHOUT CONSENT OF LANDLORDNot without the previous consent in writing of the landlord to erect any new buildings on the demised premises or make any alterations or additions to the said premises [or in the laying out or arrangement of the gardens and grounds thereof] or to any new buildings, alterations or additions erected or made in pursuance of the consent of the landlord given under this clause.COVENANT FOR LANDLORD'S CONSENT PRIOR TO ANY ALTERATIONS IN THE DEMISED PREMISESNot to make any alterations or additions to the demised premises or erect any new buildings thereon without the previous approval in writing of the landlord to the alterations, additions or new buildings proposed and to the plans and specifications thereof and to make all such alterations, additions and buildings in conformity with such plans and specifications duly approved by the appropriate authorities.RESTRICTIVE COVENANT AGAINST INTERFERENCE WITH SERVICE INSTALLATIONS IN THE DEMISED PREMISES BY THE TENANTNot to add to or in any interfere with [otherwise than for the purpose of complying with his obligations hereunder for the repair of the same] the electric cables switches junctions or points or the pipes taps or other apparatus installed in connection with the supply or use of electricity water or gas or the telephone installation.RESTRICTIVE COVENANT AGAINST CAUSING DAMAGES TO THE DEMISED PREMISESNot to cut main or injure and of the walls or timbers of the demised premises or suffer or permit the same to be done except for carrying out needful repairs.COVENANT FOR REMOVAL OF UNAUTHORISED CONSTRUCTIONTo remove any additional buildings additions or alterations made to the demised premises except those made with the consent in writing of the landlord at or before the end of the tenancy if so required by the landlord and in such case to restore the demised premises in all respects to their former state.CLAUSE PROVIDING FOR SURRENDER OF LEASE BY LESSEE BEFORE AN INTENDED ASSIGNMENT—LANDLORD'S OPTION TO ACCEPT OR REJECTThe tenant shall not assign underlet or part with the possession of the demised premises or any part thereof without the previous consent in writing of the landlord such consent subject as hereinafter provided not to be unreasonably withheld to an assignment or underletting of the whole of the demised premises to a respectable and responsible person.PROVIDING ALWAYS that if the tenant desires to assign or underlet the whole of the said premises as aforesaid he shall first by notice in writing to the landlord offer to surrender the lease without any consideration and the landlord may within....... days of the service of such notice upon him accept such offer in writing without prejudice to all rights and remedies of the landlord hereunder in respect of rent or breach of covenant. If the said offer is not accepted by the landlord or on his behalf within the said............ days it shall be deemed to have been rejected.COVENANT BY TENANT AGAINST OBSTRUCTION OF LIGHT AND AIR TO LANDLORD'S PREMISES BY NEW CONSTRUCTIONNot to make any alteration of or addition to the demised premises which will interfere with the access of light and air to the existing windows and openings of the landlord's adjoining or neighbouring premises.CLAUSE FOR DETERMINATION OF LEASE UPON TENANT'S DEATH OR BY NOTICE FROM EITHER SIDEIf the tenant [or the landlord or either party] shall desire to determine the term hereby granted at the end of the first......... or.......... years thereof [or in consequence of the death of the tenant whichever shall first happen] and shall give to the landlord [ortenant or other party]........... month's previous notice in writing of such his desire [such notice if given in consequence of the death of the tenant to be given within six months after his death] [in case of determination by tenant add: and shall up to the time of such determination pay the rent and [reasonably] observe and perform the covenants on his part hereinbefore reserved and contained] then immediately on the expiration of such........... or........ years [orthe period in respect of which such notice is given] as the case may be the present demise and everything herein contained shall cease and be void but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of covenant contained or otherwise howsoever other.Than by effluxion of time when this deed shall be absolutely void.OPTION CLAUSE FOR RENEWAL FOR FURTHER TERM-TO BE FIXED ON MARKET VALUE -RENTIf the tenant shall be desirous of taking a lease of the demised premises for a further term of [.........] years from the expiration of the term hereby granted at the rent and on the terms and conditions hereinafter mentioned and shall not more than twelve nor less than six months before the expiration of the term hereby granted give to the landlord notice in writing of such his desire and if he shall have paid the rent hereby reserved (hereinafter called the current rent) and shall have [reasonably] performed and observed the several stipulations herein contained and on his part to be performed and observed up to the termination of the tenancy hereby created then the landlord will let the demised premises to the tenant for the further term of [........] years from........at a rent to be determined in the manner provided by the schedule hereto and payable as therein provided and subject in all other respects to the same stipulations as are herein contained except this clause for renewal.SCHEDULE REGARDING RENTa. The rent for the said further term (hereinafter called the new rent) shall be such annual sum as shall be agreed between the landlord and the tenant or determined as hereinafter provided to be the current market rental value of the demised premises at the time of such agreement or determination and shall be paid without any deduction within 7th day of every current month in advance.b. Any agreement between the landlord and the tenant as to the new rent shall be in writing signed by the parties.c. If such agreement has not been made six months before the date on which the said further term is due to commence either party hereto may require an independent surveyor (hereinafter called the surveyor) to determine the new rent.d. The surveyor may be nominated by agreement between the landlord and the tenant.e. Notice in writing of his appointment shall be given by the surveyor to the landlord and the tenant inviting each to submit within a specified period (which shall not exceed four weeks) a valuation accompanied if desired by a statement of reasons.f. The surveyor shall act as an expert and not as an arbitrator. He shall consider any valuation and reasons submitted to him within the said period but shall not be in any way limited or fettered thereby and shall determine the new rent in accordance with his own judgment and option as to the true current •market rental value of the demised premises.g. The surveyor shall give notice in writing of his decision to the lessor and the lessee within [two] months of the appointment or within such extended period as the landlord may agree.h. If the surveyor comes to the conclusion that the current market rental value of the demised premises is less than the current rent and the new rent shall nevertheless be the same as the current rent and the decision of the surveyor shall so state.i. If the surveyor shall fail to determine the new rent and give notice thereof within the time and in the manner hereinbefore provided or if he shall relinquish his appointment or die or if it shall become apparent that for any reason he will be unable to complete his duties hereunder the landlord and the tenant may appoint a new surveyor upon mutual consent to decide upon the matter within an extended period in the like manner.j. The decision of the surveyor shall be final on all matters hereby referred to him.k. Rent shall not be due at the rate of new rent notwithstanding that the said further term may already have commenced until after the tenant has been given such notice thereof as is hereby provided and if the said further term shall have commenced before the tenant has been given such notice the rent shall for the time being and until such notice is given be at the rate of the current rent but on the first rent day after the giving of such notice to the tenant there shall fall due in addition to the appropriate instalment of the new rent a sum by way of additional rent equal to the difference between the new rent and the current rent for the period since the commencement of the said further term.l. The fees of the surveyor shall be shared equally between the landlord and the tenant.m. As respects all periods of time referred to in this schedule time shall be deemed to be of the essence of the contract.CLAUSE FOR APPORTIONMENT OF RENT IN CASE OF ASSIGNMENT OF PORTION OF DEMISED PREMISES BY THE HEAD-LESSEEIt is hereby agreed that if at any time during the term hereby granted any person being for the time being the tenant of the whole or part of the premises hereby demised shall desire to assign a part only of the premises then vested in him at an apportioned rent and shall produce the assignment of such part to the solicitors of the landlord then if the landlord in his absolute discretion approves such apportionment of rent and a payment of [........] is made to his solicitors an endorsement shall be made on such assignment confirming such apportionment of rent and the premises comprised in such assignment shall be subject only to the rent so apportioned to them and to the covenants and conditions herein contained so far as only as they are applicable to the property assigned and the retained land shall be similarly subject only to the residue of the rent of the premises vested in such tenant immediately before such assignment and to the covenants and conditions herein contained so far as only as they are applicable to the land so retained.CLAUSE RESERVING PAYMENT OF PERIODICAL RENT TOGETHER WITH ARREAR RENT, IF ANY, AS PER TERMS OF THE LEASEPaying during the term hereby granted the monthly rent of Rs......... (without any deductions except only such as the tenant may be by law entitled to make notwithstanding any contract to the contrary) to be made in advance within 10th day of every month the first payment to be made on......... [or, if the term commences during the currency of a rent period, the first payment of Rs............ being a proportionate part of the payment to be made on............] and the last payment to be made in advance on the [day for payment] immediately preceding the expiration or sooner determination of the terqi together with the payment falling due on that day.PROVISION FOR PAYMENT OF AGREED FIXED RENT IN ADVANCEPaying during the term hereby granted the monthly rent of Rs......... (without any deductions except only such as the tenant may be by law entitled to make notwithstanding any contract to the contrary) the first of such payments to be made on the day of the commencement of the tenancy [or on the signing hereof] and every subsequent payment to become due payable and recoverable in advance within 10th day of every current month.
land reforms act and alienation of agriculture lands
All lands held by or in possession of tenants as on 1-3-74 other than those held by them under leases permitted under Sec.5 of the Karnataka Land Reforms Act 1961 have stood transferred to and vested in Government from 1-3-1974. All right, title and interest vesting in the owners of such lands and other persons interested in such lands, have ceased; and these are vested absolutely in the State Government free from all encumbrances (Sec. 44). These lands will ultimately be given to the tenants under the procedure laid down for the registration of tenants as occupants. There is an interval between devestment of the ex-land-lord and the registration of the ex-tenant. It is clear that during this interval neither the ex-landlord nor the ex-tenant (or sub-tenant) in actual occupation of the land, has any right of transfer of such land.There are various ways in which lands become vested in Government under the Land Reforms Law. For instance lands in excess of the ceiling come to Government after the fulfillment of the due procedure. Disposal of all such lands is provided for under Sec. 77.If a tenant holding land from a date prior to 1-3-74 is not entitled to be registered as an occupant or his right to become occupant becomes in-effective, such land will be brought under the surplus land pool and disposed of under Sec.77 (Sec. 59). When a tenant registered as an occupant fails to cultivate the land personally for three consecutive years he is to be evicted and the land is to be disposed of under Sec. 77 (Sec. 60).Where a tenant has become occupant of a land, under the Land Reforms Act, he is prohibited from transferring such land for a period of six years from the date of issue of certificate under Sec. 55 by the Tahsildar. If such tenant desires to give up personal cultivation of the land of which he has been registered as an occupant, within six years of registration, he has to surrender such land to Government and get refund of the amount paid therefore under Sec. 72.All the above provisions which mainly relate to the lands under lease as on 1-3-1974 and which have vested of will vest in Government should be specifically brought to the notice of the landlords and tenants by publicity at village level through all possible local media including Village Panchayats, Block Development Offices, Agricultural Extension Centers etc.Chapter V of the Land Reforms Act contains the various restrictions on the holding or transfer of agricultural lands. Those who are specifically barred from holding agricultural lands are indicated below-1. Non-cultivating persons.2. Institutions not covered by Sec. 63 (7)3. Companies 4. Associations or other Bodies 5. Co-operative Societies other than Co-operative forms Persons having more than Rs. 12,000/- annual assured income from sources other than agriculture are barred from acquiring land after 1-3-1974.Sec. 80 specifically bars sales of agricultural lands to non-agriculturists. Where lands under self-occupation are within the ceiling area fixed under Section 66 they can be transferred to someone who is entitled to hold it or acquire it, under the provisions mentioned above. If the transferee is an agriculturist who is a self-cultivator he must be one holding less than the ceiling area. Even so the transfer can only take place provided the purchaser's holding after the purchase does not exceed the ceiling area. Even future acquisition of land by way of inheritance, bequest etc. by a person already holding land up to the ceiling limit on 1-3-1974 is prohibited by Section 64. Lands so acquired are to be declared and surrendered to Government.The Assistant Commissioner of the Sub-division is the authority empowered to enquire into illegal transactions under the Land Reforms Act and make a declaration that any particular transaction is in contravention of the provisions of the provisions of the Act, on such declaration the transaction shall be null and void and the land in respect of which such transaction has taken place shall be forfeited to and vest in the State Government. No amount shall be payable therefore.From 1-3-1974 restrictions on alienation of holdings by persons owning land in excess of the ceiling limit fixed under the Karnataka Land Reforms (Amendment) Act, 1973 have come into operator and any alienation which prima face appears to be in contravention of the Land Reforms Law has to be dealt with under Sec. 83.Penalties for the various offences under the Law are provided in Sec. 125 of the said Act.All the Village Accountants and the local Revenue Officers should be suitably educated by the Tahsildars on these provisions of the Land Reforms Act and they in turn should be asked to a devise the Agriculturists appropriately.
THE KARNATAKA ACQUISITION OF LANDS FOR GRANT OF
HOUSE SITES ACT, 1972
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons:
Sections:
1. Short title and commencement.
2. Definitions.
3. Acquisition of land.
4. Amount payable.
5. Application of Central Act 1 of 1894.
6. Delegation of powers by the State Government.
7. Rules.
* * * *
STATEMENT OF OBJECTS AND REASONS
Act 18 of 1973.- The Government of India have recently introduced a scheme for provision of house sites to families of landless workers in rural areas under which 100 percent assistance is provided to the States towards acquisition of land and also towards development of house sites upto Rs. 150 per site.
2. The State Government have decided to implement the scheme on a massive scale and have issued orders in Government Order No. DPC 15 DRH 72, .
3. In order to implement the scheme expeditiously the lands required for the purpose have to be acquired without delay.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A No 581, dated 2-12-1972 at page 6)* * * *
2
1[KARNATAKA ACT]1 No. 18 OF 1973
(First published in the 1[Karnataka Gazette]1 Extraordinary on the Twenty - third day of July, 1973)
THE 1[KARNATAKA]1 ACQUISITION OF LANDS FOR GRANT OF
HOUSE SITES ACT, 1972
(Received the assent of the President on the Eighteenth day of July, 1973)
An Act to provide for acquisition of lands for granting house sites to weaker sections of the people in the State.
WHEREAS it is expedient to provide for the acquisition of lands for the public purpose of granting house site to the weaker sections of the people in the State and for purposes connected therewith;
BE in enacted by the 1[Karnataka]1 State Legislature in the Twenty-third year of the Republic of India as follows:-
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
1. Short title and commencement.- (1) This Act may be called the 1[Karnataka]1 Acquisition of Lands for Grant of House Sites Act, 1972.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
(2) It shall come into force at once.
2. Definitions.- In this Act unless the context otherwise requires,-
(1) “Deputy Commissioner” includes any officer specially appointed by the State Government to perform the functions of a Deputy Commissioner under this Act;
(2) “notification” means a notification published in the official Gazette;
(3) “weaker sections of people” means persons belonging to the Scheduled Castes or Scheduled Tribes, landless labourers and such other class or classes of persons as the State Government may, having regard to their economic backwardness, by notification, specify;
(4) the expression “land” and the expression “person interested” shall have the meanings respectively assigned to them in the Land Acquisition Act, 1894 (Central Act 1 of 1894) as amended by the Land Acquisition (1[Karnataka]1 Extension and Amendment) Act; 1961.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
3. Acquisition of land.- (1) If at any time, in the opinion of the State Government any land is required for the purpose of providing house sites to the weaker sections of people who are houseless, the State Government may, by notification, give notice of its intention to acquire such land.
(2) On the publication of a notification under sub-section (1), the State Government shall serve notice upon the owner or where the owner is not the occupier, on the occupier of the land and on all such persons known or believed to be interested therein to show cause, within thirty days from the date of service of the notice, why the land should not be acquired.
(3) After considering the cause, if any, shown by the owner of the land and by any other person interested therein, and after giving such owner and person an opportunity of being heard, the State Government may pass such orders as it deems fit.
3
(4) After orders are passed under sub-section (3), where the State Government is satisfied that any land should be acquired for the purpose specified in the notification issued under sub-section (1) a declaration shall, by notification , be made to that effect.
(5) On the publication in the official Gazette of the declaration under sub-section (4), the land shall vest absolutely in the State Government free from all encumbrances.
(6) Where any land is vested in the State Government under sub-section (5), the State Government may, by notice in writing, order any person who may be in possession of the land to surrender or deliver possession thereof to the State Government or any person duly authorised by it in this behalf within thirty days of the service of the notice.
(7) If any person refuses or fails to comply with an order made under sub-section (6), the State Government or any officer authorised by the State Government in this behalf may take possession of the land and may for that purpose use such force as may be necessary.
4. Amount payable.- (1) Where any land is acquired by the State Government under this Act, the State Government shall pay of such acquisition an amount in accordance with the provisions of this section.
(2) Where the amount has been determined by agreement between the State Government and the person whose land has been acquired, it shall be paid in accordance with such agreement.
(3) Where no such agreement can be reached, the State Government shall refer the case to the Deputy Commissioner for determination of the amount to be paid for such acquisition as also the person or persons to whom such amount shall be paid.
(4) On receipt of a reference under sub-section (3) the Deputy Commissioner shall serve notice on the owner or occupier of such land and on all persons known or believed to be interested therein to appear before him and state their respective interests in the said land.
5. Application of Central Act 1 of 1894.- The provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894) as amended by the Land Acquisition 1[Karnataka]1 Extension and Amendment) Act, 1961 shall, mutatis mutandis, apply in respect of enquiry and award by the Deputy Commissioner, the reference to Court, the apportionment of amount and the payment of amount in respect of lands acquired under this Act.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
6. Delegation of powers by the State Government.- The State Government may, by notification, delegate subject to such conditions and restrictions as may be specified in such notification, any of its powers under this Act except the power to make rules under section 7, to any of its officers.
7. Rules.- (1) The State Government may, by notification make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the
4
rule or both Houses agree that the rule should not be made, the rule shall from the date on which the modification or annulment is notified by the State Government in the official Gazette, have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
5
THE [KARNATAKA] ACQUISITION OF LANDS FOR GRANT OF HOUSE SITES ACT, 1972 (Karnataka Act No. 18 of 1973 has been amended by the following Acts, namely:-
Amendments (chronological)
Sl.No.
Act No. and year
Sections amended
Remarks
1)
Act No. 18 of l1973
-
w.e.f. 23.7.1973
2)
KAL Order 1973
Preamble Sections 1 and 5
w.e.f. 1.11.1973
Amendments (section-wise)
Sl.No.
Sections
Act No. and year
1.
Preamble
KAL Order 1973 w.e.f. 1.11.1973
2.
1
KAL Order 1973 w.e.f. 1.11.1973
3.
5
KAL Order 1973 w.e.f. 1.11.1973
HOUSE SITES ACT, 1972
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons:
Sections:
1. Short title and commencement.
2. Definitions.
3. Acquisition of land.
4. Amount payable.
5. Application of Central Act 1 of 1894.
6. Delegation of powers by the State Government.
7. Rules.
* * * *
STATEMENT OF OBJECTS AND REASONS
Act 18 of 1973.- The Government of India have recently introduced a scheme for provision of house sites to families of landless workers in rural areas under which 100 percent assistance is provided to the States towards acquisition of land and also towards development of house sites upto Rs. 150 per site.
2. The State Government have decided to implement the scheme on a massive scale and have issued orders in Government Order No. DPC 15 DRH 72, .
3. In order to implement the scheme expeditiously the lands required for the purpose have to be acquired without delay.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A No 581, dated 2-12-1972 at page 6)* * * *
2
1[KARNATAKA ACT]1 No. 18 OF 1973
(First published in the 1[Karnataka Gazette]1 Extraordinary on the Twenty - third day of July, 1973)
THE 1[KARNATAKA]1 ACQUISITION OF LANDS FOR GRANT OF
HOUSE SITES ACT, 1972
(Received the assent of the President on the Eighteenth day of July, 1973)
An Act to provide for acquisition of lands for granting house sites to weaker sections of the people in the State.
WHEREAS it is expedient to provide for the acquisition of lands for the public purpose of granting house site to the weaker sections of the people in the State and for purposes connected therewith;
BE in enacted by the 1[Karnataka]1 State Legislature in the Twenty-third year of the Republic of India as follows:-
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
1. Short title and commencement.- (1) This Act may be called the 1[Karnataka]1 Acquisition of Lands for Grant of House Sites Act, 1972.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
(2) It shall come into force at once.
2. Definitions.- In this Act unless the context otherwise requires,-
(1) “Deputy Commissioner” includes any officer specially appointed by the State Government to perform the functions of a Deputy Commissioner under this Act;
(2) “notification” means a notification published in the official Gazette;
(3) “weaker sections of people” means persons belonging to the Scheduled Castes or Scheduled Tribes, landless labourers and such other class or classes of persons as the State Government may, having regard to their economic backwardness, by notification, specify;
(4) the expression “land” and the expression “person interested” shall have the meanings respectively assigned to them in the Land Acquisition Act, 1894 (Central Act 1 of 1894) as amended by the Land Acquisition (1[Karnataka]1 Extension and Amendment) Act; 1961.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
3. Acquisition of land.- (1) If at any time, in the opinion of the State Government any land is required for the purpose of providing house sites to the weaker sections of people who are houseless, the State Government may, by notification, give notice of its intention to acquire such land.
(2) On the publication of a notification under sub-section (1), the State Government shall serve notice upon the owner or where the owner is not the occupier, on the occupier of the land and on all such persons known or believed to be interested therein to show cause, within thirty days from the date of service of the notice, why the land should not be acquired.
(3) After considering the cause, if any, shown by the owner of the land and by any other person interested therein, and after giving such owner and person an opportunity of being heard, the State Government may pass such orders as it deems fit.
3
(4) After orders are passed under sub-section (3), where the State Government is satisfied that any land should be acquired for the purpose specified in the notification issued under sub-section (1) a declaration shall, by notification , be made to that effect.
(5) On the publication in the official Gazette of the declaration under sub-section (4), the land shall vest absolutely in the State Government free from all encumbrances.
(6) Where any land is vested in the State Government under sub-section (5), the State Government may, by notice in writing, order any person who may be in possession of the land to surrender or deliver possession thereof to the State Government or any person duly authorised by it in this behalf within thirty days of the service of the notice.
(7) If any person refuses or fails to comply with an order made under sub-section (6), the State Government or any officer authorised by the State Government in this behalf may take possession of the land and may for that purpose use such force as may be necessary.
4. Amount payable.- (1) Where any land is acquired by the State Government under this Act, the State Government shall pay of such acquisition an amount in accordance with the provisions of this section.
(2) Where the amount has been determined by agreement between the State Government and the person whose land has been acquired, it shall be paid in accordance with such agreement.
(3) Where no such agreement can be reached, the State Government shall refer the case to the Deputy Commissioner for determination of the amount to be paid for such acquisition as also the person or persons to whom such amount shall be paid.
(4) On receipt of a reference under sub-section (3) the Deputy Commissioner shall serve notice on the owner or occupier of such land and on all persons known or believed to be interested therein to appear before him and state their respective interests in the said land.
5. Application of Central Act 1 of 1894.- The provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894) as amended by the Land Acquisition 1[Karnataka]1 Extension and Amendment) Act, 1961 shall, mutatis mutandis, apply in respect of enquiry and award by the Deputy Commissioner, the reference to Court, the apportionment of amount and the payment of amount in respect of lands acquired under this Act.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
6. Delegation of powers by the State Government.- The State Government may, by notification, delegate subject to such conditions and restrictions as may be specified in such notification, any of its powers under this Act except the power to make rules under section 7, to any of its officers.
7. Rules.- (1) The State Government may, by notification make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the
4
rule or both Houses agree that the rule should not be made, the rule shall from the date on which the modification or annulment is notified by the State Government in the official Gazette, have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
5
THE [KARNATAKA] ACQUISITION OF LANDS FOR GRANT OF HOUSE SITES ACT, 1972 (Karnataka Act No. 18 of 1973 has been amended by the following Acts, namely:-
Amendments (chronological)
Sl.No.
Act No. and year
Sections amended
Remarks
1)
Act No. 18 of l1973
-
w.e.f. 23.7.1973
2)
KAL Order 1973
Preamble Sections 1 and 5
w.e.f. 1.11.1973
Amendments (section-wise)
Sl.No.
Sections
Act No. and year
1.
Preamble
KAL Order 1973 w.e.f. 1.11.1973
2.
1
KAL Order 1973 w.e.f. 1.11.1973
3.
5
KAL Order 1973 w.e.f. 1.11.1973
Sunday, February 17, 2008
Land revenue act
123. Determination of assessment of lands wholly exempt from
payment of land revenue.—Nothing in this Chapter shall be deemed to
prevent the Settlement Officer from determining and registering the proper
full assessment on lands wholly exempt from the payment of land revenue.
124. The fixing of assessment under Act limited to ordinary land
revenue.—The fixing of the assessment under the provisions of this Act
shall be limited to the assessment of the ordinary land revenue and such
fixation shall not preclude the levy of any rate for the use of water or of any
cess, which may be imposed under 1[any law for the time being in force.]1
1. Substituted by Act 9 of 1965 w.e.f. 1.4.1964.
1[Explanation.— ‘ordinary land revenue’ means the land revenue
payable in respect of any land when no advantage by the use of water from
a source of water which is the property of the State Government, accrues to
such land.]1
1. Inserted by Act 9 of 1965 w.e.f. 1.4.1964.
125. Power of State Government to direct assessment for irrigation
facilities.—Notwithstanding anything contained in this Chapter, the State
Government may 1[at any time direct]1 that any land in respect of which a
settlement is made under this Chapter, shall be liable to be assessed to
additional land revenue during the term of the settlement for additional
advantages accruing to it from water received on account of irrigation works
or improvements in existing irrigation works completed after the State
Government has directed the settlement under section 114, and not effected
by or at the expense of the holder of the land. Such land revenue shall be
leviable only when no water rate in respect of such additional advantage is
levied under the 1[Karnataka]1 Irrigation (Levy of Betterment Contribution
and Water Rate) Act, 1957 (1[Karnataka]1 Act No. 28 of 1957):
1. Adapted b1964: KAR. ACT 12] Land Revenue 519
Provided that the State Government shall, before making such direction
publish a notice in this behalf in the village concerned in Kannada and in
such language of the village, if any, as may be directed by the State
Government in this behalf, and shall consider the objections, if any, received
to the proposal contained therein and no such direction shall be made until
after the expiry of the period of six months from the date of publication of
such notice.
126. Continuance of certain Survey and Settlement operations.—
Notwithstanding anything contained in this Chapter or in any enactment or
law repealed by section 202,—
(1) all survey or settlement operations commenced before and continuing
at the commencement of this Act shall be deemed to have been
commenced and to be continuing under the provisions of this Act, and
(2) all assessments fixed and settlements of land revenue heretofore
made and introduced and in force on the date of the commencement of this
Act, shall be deemed to have been made and introduced in accordance with
the provisions of this Chapter and shall, notwithstanding anything contained
in section 115, be deemed to continue to remain in force, until the
introduction of a revision settlement.
CHAPTER XI
RECORD OF RIGHTS
127. Record of Rights.—(1) A record or rights shall be prepared in the
prescribed manner in respect of every village and such record shall include
the following particulars:—
(a) the names of persons who are holders, occupants, owners,
mortgagees, landlords or tenants of the land or assignees of the rent or
revenue thereof;
(b) the nature and extent of the respective interest of such persons
and the conditions or liabilities (if any) attaching thereto;
(c) the rent of revenue (if any) payable by or to any of such persons;
and
(d) such other particulars as may be prescribed.
(2) The record of rights shall be maintained by such officers in such areas
as may be prescribed and different officers may be prescribed for different
areas.
y the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. (3) When the preparation of the record of rights referred to in sub-section
(1) is completed in respect of any village, the fact of such completion shall
be notified in the official Gazette and in such manner as may be prescribed.
128. Acquisitions of rights to be reported.—(1) Any person acquiring
by succession, survivorship, inheritance, partition, purchase, mortgage, gift,
lease or otherwise, any right as holder, occupant, owner, mortgagee,
landlord or tenant of the land or assignee of the rent or revenue thereof,
shall report orally or in writing his acquisition of such right to the prescribed
officer of the village within three months from the date of such acquisition,
and the said officer shall at once give a written acknowledgment of the
receipt of the report to the person making it:
Provided that where the person acquiring the right is a minor or otherwise
disqualified, his guardian or other person having charge of his property shall
make the report to the prescribed officer:
Provided further that any person acquiring a right by virtue of a registered
document shall be exempted form the obligation to report to the prescribed
officer:
1[Provided also that any person reporting under this sub-section the
acquisition by him of a right in partition in respect of the land shall annex
with the report a sketch showing the metes and bounds and other
prescribed particulars of such land and such person shall get the sketch
prepared by a licensed surveyor.]1
1. Inserted by Act 14 of 1999 w.e.f. 30.4.1999.
Explanation I.—The rights mentioned above include a mortgage without
possession but do not include an easement or a charge not amounting to a
mortgage of the kind specified in section 100 of the Transfer of Property Act,
1882 (Central Act No. 4 of 1882).
Explanation II.—A person in whose favour a mortgage is discharged or
extinguished or a lease determined acquires a right within the meaning of
this section.
(2) Notwithstanding anything contained in sub-section (1), the State
Government may, by notification, appoint any Revenue Officer to whom a
report under sub-section (1) may be made, in which case such officer shall
give a written acknowledgment of the receipt of such report to the person
making it, and forward the report to the prescribed officer of the village
concerned.
(3) If any person makes a report under sub-section (1) or sub-section
(2),-
(a) after the period of three months but within the period of one year
from the date of acquisition of the right, the report shall be received on
payment of a penalty of two rupees;
(b) after a period of one year from the date of such acquisition, the
report shall be received on payment of a penalty of not less than two rupees
but not exceeding ten rupees, as may be ordered,—
(i) by the Tahsildar, in case the report is made under sub-section
(1) to the prescribed officer, or
(ii) by the Revenue Officer, in case the report is made to such
officer under sub-section (2).
(4) No document by virtue of which any person acquires a right in any
land as holder, occupant, owner, mortgagee, landlord or tenant or assignee
of the rent or revenue thereunder, shall be registered under the Indian
Registration Act, 1908 (Central Act 12 of 1908), unless the person liable to
pay the registration fee also pays to the registering authority such fees as
may be prescribed for making the necessary entries in the record of rights
and registers referred to in section 129; and on the registration of such a
document, the registering authority shall make a report of the acquisition of
the right to the prescribed officer.
129. Registration of mutations and register of disputed cases.—(1)
The prescribed officer shall enter in the Register of Mutations every report
made to him under sub-section (1) of section 128 or received by him under
sub-section (2) or sub-section (4) of the said section.
(2) Whenever a prescribed officer makes an entry in the Register of
Mutations, he shall at the same time post up a complete copy of the entry in
a conspicuous place in the chavadi and shall give written intimation to all
persons appearing from the Record of Rights or Register of Mutations to be
interested in the mutation, and to any other person whom he has reason to
believe to be interested therein.
(3) Should any objection to any entry made under sub-section (1) in the
Register of Mutations be made either orally or in writing to the prescribed
officer, it shall be the duty of the prescribed officer to enter the particulars of
the objection in a Register of Disputed Cases.
(4) The objections entered in the Register of Disputed Cases and such
other objections as may be made during the enquiry shall be enquired into
and disposed of by such officer and in such manner as may be prescribed.
Orders disposing of such objections shall be recorded in the Register of
Mutations by such officer.
(5) The officer holding an enquiry under sub-section (4) shall have all the
powers under Chapter III, that a Revenue Officer has in making a formal or
summary enquiry under this Act.
(6) Entries in the Register of Mutations shall be tested and if found
correct or after correction, as the case may be, shall be certified by such
officer as may be prescribed.
(7) The transfer of entries form the Registers of Mutations to the Record
of Rights shall be effected in the prescribed manner, provided that an entry
in the Register of Mutations shall not be transferred to the Record of Rights
until such entry has been duly certified.
1[129A. Patta Book.—(1) Every holder of agricultural land (including a
tenant if he is primarily liable to pay land revenue therefor), shall be supplied
by the prescribed officer with a patta book containing a copy of the record of
rights pertaining to such land.
(2) The patta book shall also contain information regarding the payment
of land revenue in respect of the land and other State Government dues of
the holder or, as the case may be, the tenant, and information as respects
the cultivation of the land and the areas of crops sown in it as shown in the
village records and such other matters as may be prescribed.
(3) The patta book shall be prepared, issued and maintained in
accordance with the rules made by the State Government in that behalf.
Such rules may provide for fees to be charged for preparing, issuing and
maintaining the book.]1
1. Inserted by Act 23 of 1982 w.e.f. 15.7.1982.
130. Obligation to furnish information.—(1) Any person whose rights,
interests or liabilities are required to be or have been entered in any record
or register, under this Chapter shall be bound, on the requisition of any
officer engaged in compiling or revising the record or register, to furnish or
produce for his inspection within thirty days from the date of such
requisition, all such information or documents needed for the correct
compilation or revision thereof, as may be within his knowledge or in his
possession or power.
(2) An officer to whom any information is furnished or before whom any
document is produced in accordance with a requisition under sub-section (1)
shall at once give a written acknowledgment thereof to the person furnishing
or producing the same 1[or may return the same immediately after keeping a
copy of it, if necessary]1 and shall endorse on any such document a note
under his signature, stating the fact of its production and the date thereof.
1. Inserted by Act 23 of 1982 w.e.f. 15.7.1982.
(3) Any person who fails to furnish information or produce the document
required by sub-section (1) within the period specified in the said subsection
shall be liable to pay a penalty not exceeding twenty-five rupees, as
may be fixed by the 1[Tahsildar]1 and the amount payable as penalty shall be
recoverable as an arrear of land revenue:
1. Substituted by Act 5 of 1970 w.e.f. 23.10.1969.
Provided that no penalty shall be imposed under this sub-section without
giving to the person concerned a reasonable opportunity to be heard.
131. Requisition of assistance in preparing maps.—Subject to rules
made in this behalf by the State Government,—
(a) any Revenue Officer or prescribed officer may for the purpose of
preparing or revising any map or plan required for or in connection with any
record or register under this Chapter, exercise any of the powers of a
Survey Officer under section 107, except the power of assessing the cost of
hired labour, and
(b) where the preparation or revision of such map is made on the
application of any person, any Revenue Officer of a rank not lower than that
of an Assistant Commissioner or of a Survey Officer may assess the cost of
the preparation or revision of such map or plan and all contingent expenses
including the cost of clerical labour and supervision, and such costs shall be
recoverable from such person as an arrear or land revenue.
1[(c) any person while reporting acquisition by him of a right in
accordance with the third proviso to sub-section (1) of section 128 or any
person alienating any land that is part of the survey or sub number shall get
a sketch of the said property prepared by a licensed surveyor, for the
purpose of presenting the deed before the registering authority.]1
1. Inserted by Act 14 of 1999 w.e.f. 30.4.1999.
1964: KAR. ACT 12] Land Revenue 525
(iv) for the filing of an award under section 14 of the said Arbitration
Act;
(v) of any other kind to which the State Government may, by
notification, direct that this section shall apply;
(c) an application shall be deemed to relate to land, if the decree or
other matter with respect to which an application is made, relates to land;
(d) a suit, decree or other matter relating to land shall, without
prejudice, to the generality of the expression, be deemed to include a suit,
decree or other matter relating to rent or tenancy of land.
133. Presumption regarding entries in the records.—An entry in the
Record of Rights and a certified entry in the Register of Mutations 1[or in the
patta book]1 shall be presumed to be true until the contrary is proved or a
new entry is lawfully substituted therefor.
1. Inserted by Act 23 of 1982 w.e.f. 15.7.1982.
134. Certified copies.—Applications for certified copies of entries in the
Record of Rights or the Register of Mutations may be made to and such
copies may be given by the prescribed officers.
135. Bar of suits.—No suit shall lie against the State Government or any
officer of the State Government in respect of a claim to have an entry made
in any record or register that is maintained under this Chapter or to have any
such entry omitted or amended:
Provided that if any person is aggrieved as to any right of which he is in
possession, by an entry made in any record or register maintained under
this Chapter, he may institute a suit against any person denying or
interested to deny his title to such right, for a declaration of his right under
Chapter VI of the Specific Relief Act, 1877; and the entry in the record or
register shall be amended in accordance with any such declaration.
136. Appeal and Revision.—(1) The provisions of Chapter V shall not
apply to any decision or order under this Chapter.
(2) Any person affected by an order made under sub-section (4) or an
entry certified under sub-section (6) of section 129 may, within a period of
sixty days from the date of communication of the order or the knowledge of
the entry certified, appeal to such officer as may be prescribed by the State
Government in this behalf and his decision shall be final.
1[77. Disposal of surplus land.—2[(1) Surplus land vesting in the State
Government under this Act, land directed to be disposed of under subsection
(3) of section 45, section 58, section 60, land vesting in the State
Government under section 79A, section 79B or under any other provision of
3[this Act, may,]3 subject to reservation of 4[seventy-five]4 per cent thereof for
grant to persons belonging to the Scheduled Castes and the Scheduled
Tribes and subject to such restrictions and conditions as may be prescribed
in this behalf, 3[be granted by the Deputy Commissioner or any other officer
authorised by the State Government in this behalf]3 to the following persons
to the extent and in the manner as may be prescribed:
(i) Dispossessed tenants who are not registered as occupants;
(ii) Displaced tenants having no land;
(iii) Landless agricultural labourers;
5[(iv) landless persons or other persons residing in villages in the
same Panchayat area whose gross annual income does not exceed rupees
twenty thousand and ex-military personnel whose gross annual income
does not exceed rupees twenty-two thousand;]5
(v) Released bonded labourers;
6[(vi) x x x ]6
Explanation.—(1) “Dispossessed tenant” means a person who not being
member of the family of the owner was cultivating lands personally and was
dispossessed between 10th September 1957 and 24th January 1971 and
who is not registered as an occupant under the provisions of this Act.
Explanation.—(2) “Displaced tenant” means a person who has been
deprived of agricultural land on which he was a tenant, on account of,—
(i) acquisition of such land under the Land Acquisition Act; or
133. Suits, proceedings, etc., involving questions required to be
decided by the Tribunal.—(1) Notwithstanding anything in any law for the
time being in force,—
(i) no Civil or Criminal Court or officer or Authority shall, in any suit,
case or proceedings concerning a land, 2[x x x]2 decide the question whether
133. Suits, proceedings, etc., involving questions required to be
decided by the Tribunal.—(1) Notwithstanding anything in any law for the
time being in force,—
(i) no Civil or Criminal Court or officer or Authority shall, in any suit,
case or proceedings concerning a land, 2[x x x]2 decide the question whether
Land Reforms [1962: KAR. ACT 10 124
that the offence has been committed with the consent or connivance of, or
that the commission of the offence is attributable to any neglect on the part
of, any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.—For the purpose of this section,—
(a) “company” means a body corporate, and includes a firm or other
association of individuals; and
(b) “director” in relation to a firm, means a partner in the firm.
136. Indemnity.—No suit or other legal proceeding shall lie against any
person in respect of anything which is in good faith done or intended to be
done under this Act.
137. Rules.—(1) The State Government may, after previous publication,
by notification, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for the following matters:—
1[(i) x x x]1
2[(ii), (iii), (iv) x x x]2
(v) the manner of registering surrenders of tenancies in the office of the
3[Tahsildar]3 under sub-section (1) of section 25
(vi) the manner and the form in which a receipt is to be given by the
landlord under sub-section (3) of section 33;
2[(vii) x x x]2
(viii) the period within which the price shall be deposited with the
3[Tahsildar]3 under sub-section (3) and the form of certificate to be issued
under sub-section (4) of section 39;
(ix) the form of application to the 3[Tahsildar]3 under sub-section (1) of
section 40;
(x) the form of application to the 3[Tahsildar]3 under section 41;
(xi) the form of application to the 3[Tahsildar]3 under section 42;
(xii) the form of public notice under 3[sub-section (2) of section 48A]3;
(xiii) the number of instalments in which the amount payable under the
bonds may be paid under section 51;
2[(xiv) x x x]2
payment of land revenue.—Nothing in this Chapter shall be deemed to
prevent the Settlement Officer from determining and registering the proper
full assessment on lands wholly exempt from the payment of land revenue.
124. The fixing of assessment under Act limited to ordinary land
revenue.—The fixing of the assessment under the provisions of this Act
shall be limited to the assessment of the ordinary land revenue and such
fixation shall not preclude the levy of any rate for the use of water or of any
cess, which may be imposed under 1[any law for the time being in force.]1
1. Substituted by Act 9 of 1965 w.e.f. 1.4.1964.
1[Explanation.— ‘ordinary land revenue’ means the land revenue
payable in respect of any land when no advantage by the use of water from
a source of water which is the property of the State Government, accrues to
such land.]1
1. Inserted by Act 9 of 1965 w.e.f. 1.4.1964.
125. Power of State Government to direct assessment for irrigation
facilities.—Notwithstanding anything contained in this Chapter, the State
Government may 1[at any time direct]1 that any land in respect of which a
settlement is made under this Chapter, shall be liable to be assessed to
additional land revenue during the term of the settlement for additional
advantages accruing to it from water received on account of irrigation works
or improvements in existing irrigation works completed after the State
Government has directed the settlement under section 114, and not effected
by or at the expense of the holder of the land. Such land revenue shall be
leviable only when no water rate in respect of such additional advantage is
levied under the 1[Karnataka]1 Irrigation (Levy of Betterment Contribution
and Water Rate) Act, 1957 (1[Karnataka]1 Act No. 28 of 1957):
1. Adapted b1964: KAR. ACT 12] Land Revenue 519
Provided that the State Government shall, before making such direction
publish a notice in this behalf in the village concerned in Kannada and in
such language of the village, if any, as may be directed by the State
Government in this behalf, and shall consider the objections, if any, received
to the proposal contained therein and no such direction shall be made until
after the expiry of the period of six months from the date of publication of
such notice.
126. Continuance of certain Survey and Settlement operations.—
Notwithstanding anything contained in this Chapter or in any enactment or
law repealed by section 202,—
(1) all survey or settlement operations commenced before and continuing
at the commencement of this Act shall be deemed to have been
commenced and to be continuing under the provisions of this Act, and
(2) all assessments fixed and settlements of land revenue heretofore
made and introduced and in force on the date of the commencement of this
Act, shall be deemed to have been made and introduced in accordance with
the provisions of this Chapter and shall, notwithstanding anything contained
in section 115, be deemed to continue to remain in force, until the
introduction of a revision settlement.
CHAPTER XI
RECORD OF RIGHTS
127. Record of Rights.—(1) A record or rights shall be prepared in the
prescribed manner in respect of every village and such record shall include
the following particulars:—
(a) the names of persons who are holders, occupants, owners,
mortgagees, landlords or tenants of the land or assignees of the rent or
revenue thereof;
(b) the nature and extent of the respective interest of such persons
and the conditions or liabilities (if any) attaching thereto;
(c) the rent of revenue (if any) payable by or to any of such persons;
and
(d) such other particulars as may be prescribed.
(2) The record of rights shall be maintained by such officers in such areas
as may be prescribed and different officers may be prescribed for different
areas.
y the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. (3) When the preparation of the record of rights referred to in sub-section
(1) is completed in respect of any village, the fact of such completion shall
be notified in the official Gazette and in such manner as may be prescribed.
128. Acquisitions of rights to be reported.—(1) Any person acquiring
by succession, survivorship, inheritance, partition, purchase, mortgage, gift,
lease or otherwise, any right as holder, occupant, owner, mortgagee,
landlord or tenant of the land or assignee of the rent or revenue thereof,
shall report orally or in writing his acquisition of such right to the prescribed
officer of the village within three months from the date of such acquisition,
and the said officer shall at once give a written acknowledgment of the
receipt of the report to the person making it:
Provided that where the person acquiring the right is a minor or otherwise
disqualified, his guardian or other person having charge of his property shall
make the report to the prescribed officer:
Provided further that any person acquiring a right by virtue of a registered
document shall be exempted form the obligation to report to the prescribed
officer:
1[Provided also that any person reporting under this sub-section the
acquisition by him of a right in partition in respect of the land shall annex
with the report a sketch showing the metes and bounds and other
prescribed particulars of such land and such person shall get the sketch
prepared by a licensed surveyor.]1
1. Inserted by Act 14 of 1999 w.e.f. 30.4.1999.
Explanation I.—The rights mentioned above include a mortgage without
possession but do not include an easement or a charge not amounting to a
mortgage of the kind specified in section 100 of the Transfer of Property Act,
1882 (Central Act No. 4 of 1882).
Explanation II.—A person in whose favour a mortgage is discharged or
extinguished or a lease determined acquires a right within the meaning of
this section.
(2) Notwithstanding anything contained in sub-section (1), the State
Government may, by notification, appoint any Revenue Officer to whom a
report under sub-section (1) may be made, in which case such officer shall
give a written acknowledgment of the receipt of such report to the person
making it, and forward the report to the prescribed officer of the village
concerned.
(3) If any person makes a report under sub-section (1) or sub-section
(2),-
(a) after the period of three months but within the period of one year
from the date of acquisition of the right, the report shall be received on
payment of a penalty of two rupees;
(b) after a period of one year from the date of such acquisition, the
report shall be received on payment of a penalty of not less than two rupees
but not exceeding ten rupees, as may be ordered,—
(i) by the Tahsildar, in case the report is made under sub-section
(1) to the prescribed officer, or
(ii) by the Revenue Officer, in case the report is made to such
officer under sub-section (2).
(4) No document by virtue of which any person acquires a right in any
land as holder, occupant, owner, mortgagee, landlord or tenant or assignee
of the rent or revenue thereunder, shall be registered under the Indian
Registration Act, 1908 (Central Act 12 of 1908), unless the person liable to
pay the registration fee also pays to the registering authority such fees as
may be prescribed for making the necessary entries in the record of rights
and registers referred to in section 129; and on the registration of such a
document, the registering authority shall make a report of the acquisition of
the right to the prescribed officer.
129. Registration of mutations and register of disputed cases.—(1)
The prescribed officer shall enter in the Register of Mutations every report
made to him under sub-section (1) of section 128 or received by him under
sub-section (2) or sub-section (4) of the said section.
(2) Whenever a prescribed officer makes an entry in the Register of
Mutations, he shall at the same time post up a complete copy of the entry in
a conspicuous place in the chavadi and shall give written intimation to all
persons appearing from the Record of Rights or Register of Mutations to be
interested in the mutation, and to any other person whom he has reason to
believe to be interested therein.
(3) Should any objection to any entry made under sub-section (1) in the
Register of Mutations be made either orally or in writing to the prescribed
officer, it shall be the duty of the prescribed officer to enter the particulars of
the objection in a Register of Disputed Cases.
(4) The objections entered in the Register of Disputed Cases and such
other objections as may be made during the enquiry shall be enquired into
and disposed of by such officer and in such manner as may be prescribed.
Orders disposing of such objections shall be recorded in the Register of
Mutations by such officer.
(5) The officer holding an enquiry under sub-section (4) shall have all the
powers under Chapter III, that a Revenue Officer has in making a formal or
summary enquiry under this Act.
(6) Entries in the Register of Mutations shall be tested and if found
correct or after correction, as the case may be, shall be certified by such
officer as may be prescribed.
(7) The transfer of entries form the Registers of Mutations to the Record
of Rights shall be effected in the prescribed manner, provided that an entry
in the Register of Mutations shall not be transferred to the Record of Rights
until such entry has been duly certified.
1[129A. Patta Book.—(1) Every holder of agricultural land (including a
tenant if he is primarily liable to pay land revenue therefor), shall be supplied
by the prescribed officer with a patta book containing a copy of the record of
rights pertaining to such land.
(2) The patta book shall also contain information regarding the payment
of land revenue in respect of the land and other State Government dues of
the holder or, as the case may be, the tenant, and information as respects
the cultivation of the land and the areas of crops sown in it as shown in the
village records and such other matters as may be prescribed.
(3) The patta book shall be prepared, issued and maintained in
accordance with the rules made by the State Government in that behalf.
Such rules may provide for fees to be charged for preparing, issuing and
maintaining the book.]1
1. Inserted by Act 23 of 1982 w.e.f. 15.7.1982.
130. Obligation to furnish information.—(1) Any person whose rights,
interests or liabilities are required to be or have been entered in any record
or register, under this Chapter shall be bound, on the requisition of any
officer engaged in compiling or revising the record or register, to furnish or
produce for his inspection within thirty days from the date of such
requisition, all such information or documents needed for the correct
compilation or revision thereof, as may be within his knowledge or in his
possession or power.
(2) An officer to whom any information is furnished or before whom any
document is produced in accordance with a requisition under sub-section (1)
shall at once give a written acknowledgment thereof to the person furnishing
or producing the same 1[or may return the same immediately after keeping a
copy of it, if necessary]1 and shall endorse on any such document a note
under his signature, stating the fact of its production and the date thereof.
1. Inserted by Act 23 of 1982 w.e.f. 15.7.1982.
(3) Any person who fails to furnish information or produce the document
required by sub-section (1) within the period specified in the said subsection
shall be liable to pay a penalty not exceeding twenty-five rupees, as
may be fixed by the 1[Tahsildar]1 and the amount payable as penalty shall be
recoverable as an arrear of land revenue:
1. Substituted by Act 5 of 1970 w.e.f. 23.10.1969.
Provided that no penalty shall be imposed under this sub-section without
giving to the person concerned a reasonable opportunity to be heard.
131. Requisition of assistance in preparing maps.—Subject to rules
made in this behalf by the State Government,—
(a) any Revenue Officer or prescribed officer may for the purpose of
preparing or revising any map or plan required for or in connection with any
record or register under this Chapter, exercise any of the powers of a
Survey Officer under section 107, except the power of assessing the cost of
hired labour, and
(b) where the preparation or revision of such map is made on the
application of any person, any Revenue Officer of a rank not lower than that
of an Assistant Commissioner or of a Survey Officer may assess the cost of
the preparation or revision of such map or plan and all contingent expenses
including the cost of clerical labour and supervision, and such costs shall be
recoverable from such person as an arrear or land revenue.
1[(c) any person while reporting acquisition by him of a right in
accordance with the third proviso to sub-section (1) of section 128 or any
person alienating any land that is part of the survey or sub number shall get
a sketch of the said property prepared by a licensed surveyor, for the
purpose of presenting the deed before the registering authority.]1
1. Inserted by Act 14 of 1999 w.e.f. 30.4.1999.
1964: KAR. ACT 12] Land Revenue 525
(iv) for the filing of an award under section 14 of the said Arbitration
Act;
(v) of any other kind to which the State Government may, by
notification, direct that this section shall apply;
(c) an application shall be deemed to relate to land, if the decree or
other matter with respect to which an application is made, relates to land;
(d) a suit, decree or other matter relating to land shall, without
prejudice, to the generality of the expression, be deemed to include a suit,
decree or other matter relating to rent or tenancy of land.
133. Presumption regarding entries in the records.—An entry in the
Record of Rights and a certified entry in the Register of Mutations 1[or in the
patta book]1 shall be presumed to be true until the contrary is proved or a
new entry is lawfully substituted therefor.
1. Inserted by Act 23 of 1982 w.e.f. 15.7.1982.
134. Certified copies.—Applications for certified copies of entries in the
Record of Rights or the Register of Mutations may be made to and such
copies may be given by the prescribed officers.
135. Bar of suits.—No suit shall lie against the State Government or any
officer of the State Government in respect of a claim to have an entry made
in any record or register that is maintained under this Chapter or to have any
such entry omitted or amended:
Provided that if any person is aggrieved as to any right of which he is in
possession, by an entry made in any record or register maintained under
this Chapter, he may institute a suit against any person denying or
interested to deny his title to such right, for a declaration of his right under
Chapter VI of the Specific Relief Act, 1877; and the entry in the record or
register shall be amended in accordance with any such declaration.
136. Appeal and Revision.—(1) The provisions of Chapter V shall not
apply to any decision or order under this Chapter.
(2) Any person affected by an order made under sub-section (4) or an
entry certified under sub-section (6) of section 129 may, within a period of
sixty days from the date of communication of the order or the knowledge of
the entry certified, appeal to such officer as may be prescribed by the State
Government in this behalf and his decision shall be final.
1[77. Disposal of surplus land.—2[(1) Surplus land vesting in the State
Government under this Act, land directed to be disposed of under subsection
(3) of section 45, section 58, section 60, land vesting in the State
Government under section 79A, section 79B or under any other provision of
3[this Act, may,]3 subject to reservation of 4[seventy-five]4 per cent thereof for
grant to persons belonging to the Scheduled Castes and the Scheduled
Tribes and subject to such restrictions and conditions as may be prescribed
in this behalf, 3[be granted by the Deputy Commissioner or any other officer
authorised by the State Government in this behalf]3 to the following persons
to the extent and in the manner as may be prescribed:
(i) Dispossessed tenants who are not registered as occupants;
(ii) Displaced tenants having no land;
(iii) Landless agricultural labourers;
5[(iv) landless persons or other persons residing in villages in the
same Panchayat area whose gross annual income does not exceed rupees
twenty thousand and ex-military personnel whose gross annual income
does not exceed rupees twenty-two thousand;]5
(v) Released bonded labourers;
6[(vi) x x x ]6
Explanation.—(1) “Dispossessed tenant” means a person who not being
member of the family of the owner was cultivating lands personally and was
dispossessed between 10th September 1957 and 24th January 1971 and
who is not registered as an occupant under the provisions of this Act.
Explanation.—(2) “Displaced tenant” means a person who has been
deprived of agricultural land on which he was a tenant, on account of,—
(i) acquisition of such land under the Land Acquisition Act; or
133. Suits, proceedings, etc., involving questions required to be
decided by the Tribunal.—(1) Notwithstanding anything in any law for the
time being in force,—
(i) no Civil or Criminal Court or officer or Authority shall, in any suit,
case or proceedings concerning a land, 2[x x x]2 decide the question whether
133. Suits, proceedings, etc., involving questions required to be
decided by the Tribunal.—(1) Notwithstanding anything in any law for the
time being in force,—
(i) no Civil or Criminal Court or officer or Authority shall, in any suit,
case or proceedings concerning a land, 2[x x x]2 decide the question whether
Land Reforms [1962: KAR. ACT 10 124
that the offence has been committed with the consent or connivance of, or
that the commission of the offence is attributable to any neglect on the part
of, any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.—For the purpose of this section,—
(a) “company” means a body corporate, and includes a firm or other
association of individuals; and
(b) “director” in relation to a firm, means a partner in the firm.
136. Indemnity.—No suit or other legal proceeding shall lie against any
person in respect of anything which is in good faith done or intended to be
done under this Act.
137. Rules.—(1) The State Government may, after previous publication,
by notification, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for the following matters:—
1[(i) x x x]1
2[(ii), (iii), (iv) x x x]2
(v) the manner of registering surrenders of tenancies in the office of the
3[Tahsildar]3 under sub-section (1) of section 25
(vi) the manner and the form in which a receipt is to be given by the
landlord under sub-section (3) of section 33;
2[(vii) x x x]2
(viii) the period within which the price shall be deposited with the
3[Tahsildar]3 under sub-section (3) and the form of certificate to be issued
under sub-section (4) of section 39;
(ix) the form of application to the 3[Tahsildar]3 under sub-section (1) of
section 40;
(x) the form of application to the 3[Tahsildar]3 under section 41;
(xi) the form of application to the 3[Tahsildar]3 under section 42;
(xii) the form of public notice under 3[sub-section (2) of section 48A]3;
(xiii) the number of instalments in which the amount payable under the
bonds may be paid under section 51;
2[(xiv) x x x]2
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