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law repealed by section 202,—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
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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