KARNATAKA LAND LAWS

LAND CEILING IN AGRICULTURAL LAND OF KARNATAKA - METHOD OF CALCULATION

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KARNATAKA HIGH COURT JUDGMENTS Abdul Khadar vs Land Tribunal on 31 October, 1985 Equivalent citations: ILR 1985 KAR 3923 Author: M Rao Bench: M Rao ORDER Murlidher Rao, J. 1. The petitioner is a declarant, having filed his declaration under Section 66 of the Karnataka Land Reforms Act; he hold 140 acres and 37 guntas of lands in villages Dandothi and Mallkhad, Chittapur Taluk, Gulbarga District. His family, as per his declaration, consists of himself, his wife, two major sons and four unmarried daughters. The lands are 'D' class lands and the petitioner states that "the lands declared by him are the joint family lands, which arc shared by himself, his wife, two major sons and four unmarried daughters". The Land Tribunal has held that the, petitioner is entitled to hold only 108 acres and hence there is a surplus of 32 acres and 37 guntas; the Tribunal has considered one son as major. The ceiling limit for an individual or family being 10 units i.e. , 54 acres, it is calculated for two families. Declarant, his wife, one minor son and 4 unmarried daughters, constituting one family and a major son as second family. Thus, calculating, it is held that the declarant is entitled to retain 108 acres i.e., 54 x 2. 2. It is contended by Sri Apparao that Basbeeruddin, the second son of the declarant was also a major, he having been born on 1-6-1952. It is contended that since the impugned order is passed on 21-5-1984, on the date of determination, his age would be 32 years; reliance, for this proposition, is placed on Nagappa Channappa -v.- State of Karnataka.1979(1) KLJ 420 According to the learned Counsel, this major son also would be entitled to 54 acres, as such, there would be no surplus at all. This so even on 1-3-1974; by which date, Basheeruddin had completed 19 years. Secondly, it was contended that even if, he is treated as minor, the declarant's family would consist of 7 members i.e., himself, his wife, 4 unmarried daughters and one minor son. In which event, he would be entitled to four additional Units, as per the proviso to sub-Section(2) of Section 63, which means he will be entitled to 20 acres and 16 guntas, in addition to 54 acres. 3. Petitioner's Counsel has produced a Certificate issued by Head Master, Government Higher Primary School, D and it does not bear any date. It is captioned as "JANMA DAKHILE CERTIFICATE" (Editor: The text of the vernacular matter has not been reproduced. Please write to in several particulars. To connect it with Declarant's son's age, some mere evidence would be necessary. The certificate has to be proved, with reference to "original registers. Admittedly, it was not produced before the Tribunal. So, it had no opportunity to consider it; without further proof, it is unsafe to act on it. 4. It is contended by Sri Chandangoudar, HCGA, that for purposes of ceiling, the relevant date is 1-3-1974. He states that if on 1-3-1974, the declarant had 'Surplus', that 'surplus' land vests in the State. It is not capable of being tinkered with or varied, depending on the rights of heirs, future events like Succession, etc. He placed reliance on Bhikoba Shankar -v.- Mohan Lal Punchand . Mr. E. S. Venkataramiah, J. speaking for the Court stated this: "13. A close reading of the aforesaid provisions of the Act shows that the determination of the extent of surplus land of a holder has to be made as on the appointed day. It is obvious from the foregoing requirements prescribed under Section 12 of the Act that the crucial date with reference to which the extent of the surplus land held by a person is to be determined is the appointed day in the case of persons holding land in excess of the ceiling area at any time after the fourth day of August, 1959 but before the appointed day and in the case of those acquiring, holding or coming into possession of such excess land on or after the appointed day, the day on which they acquire possession of any land in excess of ceiling area. This liability to surrender surplus land would not in any way come to an end by reason of the death of such holder before the actual extent of surplus land is determined and notified under Section 21 of the Act. It is no doubt true that Section 21 of the Act states that the title of the holder in the surplus land would become vested in the State Government only on such land being taken possession of after a declaration regarding the surplus land is published in the Official Gazette. But the liability to surrender the surplus land, however, relates back to the appointed day in the case of those who fall under Section 12(l)(a) of the Act, to the date of taking possession of any land in excess of the ceiling area in the case of those who come under Section 12(l)(b) of the Act and to the date of conversion of land into a different class in the case of those who come under Section 12(2) of the Act. Any other construction would make the Act unworkable and determination of the extent of surplus land of a bolder ambulatory and indefinite." 5. The Court relied on the observations of the Supreme Court in Raghunath I.axman Wani -v.- State of Maharashtra. In the said decision, Justice J.M. Shelat, as he then was, observed : "17. xxx xxx xxx The policy of the Act appears to be that on and after the appointed day no person in the State should be permitted to hold any land in excess of the ceiling area as determined under the Act and that ceiling area would be that which is determined as on the appointed day. Therefore, if there is a family consisting of persons exceeding five in number on January 26, 1962, the ceiling area for that family would be the basis ceiling area plus l/6th thereof per member in excess of the number five. The ceiling area so fixed would not be liable to fluctuations with the sub-sequent increase or decrease in the number of its members, for, there is, apart from the explicit language of section 3 and 4 no provision in the Act providing for the redetermination of the ceiling area of a family on variations in the number of its members. The argument that every addition or reduction in the numbers of a family requires redetermination of the ceiling area of such a family would mean and almost perpetual fixation and re-fixation in the ceiling area by the Revenue authorities, a state of affairs hardly to have been contemplated by the legislature. The argument would also mean that where a surplus area is already determined and allotted to the landless persons such area would have to be taken back and given to a family, the number of whose members subsequently has augmented by fresh births." 6. In State of Maharashtra -v.- Annapurnabai, it is held that : "4. The question arising in this appeal is no longer res integra. It is concluded in favour of the State by the decision of this Court in Bhikoba Shanker v.. Mohan Lal . It was held by this Court in that case that the liability to surrender surplus land does not in any way come to an end by reason of the death of the , holder before the actual extent of surplus land is determined and notified under Section 21 of the Act. Section 21 of the Act no doubt states that the title of the holder of the surplus land would become vested in the State Government only on such land being taken possession of after a declaration regarding the surplus land is published in Official Gazette. But the liability to surrender the surplus land relates back to the appointed day in case of those who held land in excess of the ceiling on the appointed day. Therefore, even if the holder dies before declaration of any part of his land as surplus land, the surplus land is liable to be determined with reference to his holding on the appointed day and it is not open to the heirs and legal representatives of the holder to contend that they have inherited the land belonging to the holder and that the surplus land should be determined on the footing that each of them is in independent tenure holder in his or her own right." 7. The underlying policy of Agrarian reforms, being uniform in all States, the irresistible conclusion is that the 'surplus' holding has to be determined only with reference to the appointed day, i.e., 1-3-1974 and not on the date of determination by the Land Tribunal, which may take several years, during which period several changes may take place by addition or subtraction, in the members of the family. In my view, the decision of this Court in Nagappa Channappa's case after the authoritative pronouncement of Supreme Court, referred to above can no longer be good law. Indeed, Mr Kudoor, J. has held in Buddavva-v.-Land Tribunal, Bagalkot W.P. No. 11637/76 DD. 20-2-1979 that the relevant date on which the ceiling limit as provided under Section 66 shall have to be computed is the date of the commencement of the Amend-ment Act (1-3-1974) and not the date prescribed by which the declaration under Section 66 has to be applied. Therefore, the date of determination by the Land Tribunal is irrelevant for determining 'surplus'. 8. In the instant case, if, on 1-3-1974 Basheeruddin was a minor, which position is not admitted by the petitioner's Counsel, the order of the Tribunal needs to be modified, so as to add four additional units to the ceiling limit of declarant. But, as contended by Sri Apparao, assuming that he was a major as on 1-3-74, question is whether he would be entitled to 10 units, i.e., 54 acres, in his own right, treating himself as a "Family". 9. The declarant is a Muslim. Under the Personal Law of Muslims, a son does not get any right to the property during his father's life time. Dr. Tahir Mahmood in his book "The Muslim Law of India", in Chapter dealing with Law of Inheritance states: "3. In Muslim law, so long as a person is alive he or she is the absolute owner of his or her property ; nobody else (including a son) has any right, whatsoever in it. It is only when the owner dies and never before that the legal rights of the heirs accrue. There is, therefore, no question of a would-be heir dealing in any way with his future right to inherit. 4. The Indian legal concepts of 'joint' or 'undivided' family, 'coparcenary', 'Karta', 'survivorship', 'partition', etc., have no place in the law of Islam. A father and his son living together do not constitute a 'joint family' ; the father is the master of his property ; the son (even if a minor) of his, if he has any. The same is the position of brothers or others living together." The latter portion regarding "joint family" though applicable to other properties is not applicable to agricultural lands, as the concept of Joint Family as defined in clause 17 of Section 2 is "a group or Unit the members of which are by custom joint in estate or residence". However, the right of a son, under personal law being what it is, whether he is entitled to be treated as one who is entitled to get ten units, treating himself as a family under the Land Reforms Act. While, a minor son is a member of a family, the major son is not. Under clause (a), the family consists of husband, wife or wives, minor sons and unmarried daughters; clause (b) refers to widow or widower with his or her minor sons and unmarried daughters. Clause (c) refers to divorcee with minor sons and unmarried daughters, who are orphans. The act aims at protecting minor sons and unmarried daughters in all circumstances. It also protects widows or divorcees with their minor sons and unmarried daughters. Married daughters and major sons are excluded. So far as married daughter is concerned, with her marriage, she gets included, in the family of her husband and she gets benefit of clause (a). If she remains unmarried, as a spinster, so long as her parents or any one of them is alive, she is included within clause (a) or clause (b), and if both are dead, being an orphan she constitutes a 'family' under clause (d). Major son, so long as he remains a bachelor, is totally excluded. The Land Reforms Act aims at prescribing a 'ceiling' on agricultural holdings, it is not an act to confer or create rights in the property. This takes me to Section 63 of the Act, which reads: "63. Ceiling on Holding (1) No person who is not a member of a family or who has no family and no family shall, except as otherwise provided in this Act, be entitled to hold, whether as land owner, land lord or tenant or as a mortgagee with possession or otherwise or partly in one capacity and partly in another, land in excess of the ceiling area. (2) The ceiling area for a person who is not a member of a family or who has no family or for a family shall be ten Units ; Provided that in the case of a family consisting of more than five members the ceiling area shall be ten units plus an additional extent of two units for every member in excess of five, so however that the ceiling area shall not exceed twenty units in the aggregate. (3) In the case of a family the ceiling area shall be applied to the aggregate of the lands held by all the members of the family, including the Stridhana land. (4) In calculating the extent of land held by person who is not member of a family but is a member of a joint family and also in calculating the extent of land held by a member of a family who is also a member of a joint family, the share of such member in the lands held by a joint family shall be taken into account and aggregated with the lands, if any held by him separately and for this purpose such share shall be deemed to be the extent of land which would be allotted to such person had there been a partition of the lands held by the joint family. (5) In respect of lands owned or h ld under a private trust - (a) where the trust is revocable by the author of the trust, such lands shall be deemed to be held by such author or his successor in interest ; and (b) in other cases, such lands shall be deemed to be held by the beneficiaries of the trust in proportion to their respective interests in such trust or the income derived therefrom." 10. The word 'person', which had been defined in the original Act by Section 2(24) has been omitted on 1.3.74. The original definition was an inclusive definition, it included Company, family, association and institution. This has been omitted, because the person, who are capable of holding are categorised in Section 63 itself; they are: owner, landlord, tenant, mortgagee with possession or otherwise, partly in one capacity or partly in another. The above being the only capacities, which entitles a person to hold the land, it is obvious, one who does not belong to any one of these categories would not be entitled to hold land for purposes of ceiling. A Muslim son cannot claim ownership rights, during the lifetime of his father. But, Mr. Apparao argued that such an interpretation would be violative of Article 14 of the Constitution and would be discriminatory. Since the Act is included in the Ninth Schedule, this argument has to be rejected. But the question still remains whether 'major sons' of other Communities can be treated as such? The Act does not make any distinction between Hindus and Muslims. Wherever it intended to refer to Hindus specifically, it is so mentioned ; for example : Section 2(17) "Hindu Joint Family". The concepts of, "Family", "Joint Family", "Limited Owner", "Stridhana land" should be understood, as defined in the Act, uninfluenced by personal Law governing the parties. It is applicable to one and all, irrespective of their personal law. That it is so, is made clear by the Supreme Court in Nand Lal -v.- State of Haryana. "In fact, a provision like Section 4(3) which makes for the augmentation of the permissible area for a family when the adult sons do not own or hold lands of their own but are living with the family has one virtue that it ensures such augmentation in the case of every family irrespective of by what personal law it is governed and no discrimination is made between major sons governed by different systems of personal laws. So far as an adult son living separately from the family is concerned, he is rightly regarded as a separate unit who will have to file a separate declaration in respect of his holding under Section 9 of the Act and since he is living separately and would not be contributing his capacity to the family to cultivate the family lauds personally there is no justification for increasing the permissible area of the primary unit of the family". 11. In State of Maharashtra -v.- Vyasenira, it was held that: "The circumstance that the land held by a constituent member of a family unit is separate property or Stridhan property is a matter of no consequence whatsoever for the purpose of determining the ceiling area which the family unit can retain. The respondent, his wife and their minor sons and minor unmarried daughters, if any are all constituent members of the family unit and all the lands held by them have to be pooled together for the purpose of determining the ceiling area which is permissible to the family unit. The nature or character of their interest in the land held by them is irrelevant for computing the ceiling area which the family unit may retain." To the same effect is the decision in B.Bapi Raju -v.-State of Andhra Pradesh. 12. In Ramondrasingh -v.- State of Madhya Pradesh, it was held: "A minor son who is deemed to be entitled to an area of joint family land proportionate to his share under Section 6(ii) of the Act is not entitled to claim a separate ceiling area independently. His share of land has to be clubbed with the land which can be claimed by his father as his ceiling area. Section 6(ii) does not have any effect on the ceiling area to which a family as defined in Section 2(gg) is entitled under Section 7." (Head Note) 13. In Vengdasalam Pillai -v.- Union Territory of Pondicherry, AIR 1965 SC 571 the Court was considering the provisions of Pondicherry Land Reforms (Fixation of Ceiling on Land) Act 1973; the definition of 'Family' is in Pari materia with the definition in K.L.R. Act. The appointed day is 24th January 1971. It was contended that prior to the appointed day, on 17th May 1970, a partition had been effected and the minor sons had become divided from their father, therefore, the lands, so allotted to them, could not be included in the father's declaration: similar was the ground regarding lands purchased by wife, by her Sridhanam amounts. The Court in repelling these contentions, observed : "15. The fallacy underlying arguments advanced on behalf of the appellant is that they proceed on the erroneous assumption that the "family" referred to in the Act must conform to the concept of the joint family as known to Hindu Law. The provisions of the Act are applicable to all holders of land in the Union Territory of Pondicherry irrespective of religion, community etc. The lands may be held by Hindus, Christians, Muslims or by persons belonging to other religious faiths. All of them are equally governed by the pro-visions of the Act. The concept of a joint family is totally foreign to the personal laws of some of these communities. It is, therefore, manifestly wrong to approach the interpretation of the sections of the Act with the preconceived notion that in using the expression "family" the legislature had intended to connote an undivided family as, known to the Hindu Law and that after a partition had taken place in a Hindu Joint family there cannot be a 'family' consisting of the father and his divided minor sons for the purpose of fixation of ceiling under the Act. The fact that the definition of "family" contained in Section 2(10) does not treat the major sons of a person as members of his family is a clear pointer that an undivided Hindu Family was not in the contemplation of the Legislature when it enacted the said definition Section. Similarly, the provision contained in sub-section (3)(a) of section 4 that in calculating the extent of land held by a member of a family or by an individual person, the share,of the member of the family or of the individual person in the land held by an undivided Hindu family shall be taken into account furnishes a conclusive indication that the "family" mentioned in the Act is wholly distinct and different from an 'undivided Hindu family'. The circumstance that a partition had taken place disrupting the joint family consisting of the appellant and his minor sons is. there fore, of no relevance in determining the total extent of the holding of the appellant in accordance with the provisions of Section 2(10) read with Section 4 of the Act. That is because, the Act has created a special statutory unit consisting of the persons satisfying the description contained in clause (10) of section 2 as constituting a "family" for the purpose of fixation of ceiling. The stress is only on the existence of the relationship mentioned in the section and unity of title or jointness of holding in relation to property are not essential elements for attracting applicability of the definition. Under the definition contained in Section 2(10), a person, the wife or husband of such person and his or her minor sons and unmarried daughters together constitute a "family". 16. Section 4(2) expressly provides that for the purpose of fixation of ceiling on the lands held individually by the members of a family or jointly by some or all of the members of such family shall be deemed to be held by the "family". The result is that the separate properties of the members constituting the statutory family are all to be treated as forming part of the holding of the 'family' for the purpose of determination of the ceiling area, Such being the position emerging from the provisions of Section 2(III) and Section 4(1)(2), the properties held by the minor sons of the appellant individually as well as the lands separately owned by Smt. Senbagevalli, wife of the appellant by virtue of the purchase effected by her with her Suridhanam amounts were all liable to be taken into account while computing the total extent of holding of the family of the appellant." The Court further observed in para-18. "18. xx xx xx xx The purpose of Section 4(4) is to peg down the process of determination of ceiling area to the state of things that obtained on the 'appointed day' and it is in that context and for the purpose that the sub-section provides that in calculating the extent of land held by any person, any land which was transferred, by sale, gift or otherwise or partitioned by that person after the appointed day but before the commencement of the Act, shall be taken into account, as if such land had not been transferred or partitioned." In almost identical circumstances, a Single Judge of this Court in Revanna Siddappa Hadri -v.- Assistant Commissioner, Indi came to a contrary conclusion and held that in view of prior partition, the minor son would be entitled to retain his share independently and so also the father. Each one of them was treated as a separate family. With respect, it does not lay down correct Law. 14. In view of the above, the ruling of this Court in Revanna Siddappa Hadri -v.- Asst. Commissioner, Indi 1977(2) KLJ at 187 ceases to be a binding authority. 15. Mr. Apparao, however, relied on the following observation in Syed Shah Naimatuall Hussaini -v.- Land Tribunal, Sedam & Another W.P. No. 18925 of 1984 DD. 4-3-1985: "Further the Land Tribunal was in error in not allotting two separate shares to the two major sons of the petitioner since the Karnataka Land Reforms Act, 1961, does not make any distinction between the Hindu Law and Muslim Personal Law for the purpose of determining the surplus land under section 63 of the aforesaid Act. The word 'family' as defined under the aforesaid Act applies both to Hindu and Muslim families." The above enunciation to the effect that the Act does not make any distinction between Hindu Law and Muslim Law, is in consonance with the above referred decisions of the Supreme Court. But, Mr. Apparao, contended that the judgment further lays down, that "major son is entitled to separate share". In my view, the Court has not decided that issue, it was remanded to Tribunal for fresh disposal of the declaration, in accordance with the provisions of the Act and the Rules. 16. It is contended that under Section 63(4) notional partition is permissible to ascertain the share of a member. This sub-Section, while providing for a method to calculate the extent of holding, is applicable to two classes:- (i) Person who is not a member of Family, but is a member of joint family. (ii) Person who is a member of family, is also, a member of joint family. An unmarried major son would come in the first category; a father and few others would come in the second category. 17. In calculating the extent of land held by an unmarried major son, his share as a member in joint family shall be taken into account and aggregated with the lands held by him separately and for this purpose, his share in the Joint Family has to be ascertained by notional partition; this will be added to his personal properties and the aggregate of both will be his holding, the permissible maximum. Similarly, in the, case of father for calculating total exhaust of his holding his separate property and what he would get as his share, in the joint family will be aggregate. 18. If a minor son is an orphan, his case comes under clause (d) his total extent shall be the aggregate of his personal property plus what he gets as a member of joint family. But, if he is a member of 'Family' coming under clause (a) the family as one entity is entitled to ten Units, whatever may be the share of a minor son. He loses his independent status, for purposes of ceiling and his status gets merged with that of his parents. Notional partition is impermissible. Thus, it will be seen that notional partition is permitted only for the purpose of aggregating the total holding of a person where it becomes necessary to calculate the extent of his holding. This again is applicable in respect of those who file a declaration and those who are liable to file a declaration. Notional partition is impermissible, to carve out a 'share' in favour of major son, from the 'Surplus' land in the declaration of the father. To carve out such a share and permit each non-declarant to retain the 'ceiling' extent would defeat the very object and purpose of legislation. In a proceeding to determine the'ceiling' extent of a person, who has filed declaration; the Tribunal cannot pass a decree for partition. Sub-clause (4) like several other provisions is applicable to all persons, irrespective of community and personal law. Joint family conceived therein is the joint family as defined in the Act, which includes Hindu Joint Family and other cases also. A major son, who is not a declarant himself, cannot request the Tribunal to permit him to retain 54 acres or 10 units; clause (4) does not confer such a right. 19. Though the policy, underlying the various enactments of different states is one and the same, the definitions and ceiling limit varies. For example: In the Haryana Act, the ceiling provisions contain "the Primary Unit of the family" "Permissible area" and "separate unit" and the word, separate unit is defined to mean adult son living with his parents and in case of his death his widow and children. In Karnataka Land Reforms Act, no separate provision is made for major sons or adult sons, who are living with their parents or any one of them. If they are separated and own independent holdings and file declarations, it has to be dealt with under the Act. But, if they are not so separated and have not filed any declaration, whether they are entitled to claim the holding upto the ceiling limit? Should the Tribunal embark on their rights to hold the land, on notional partition, or their rights as Sper Successionis or presumptive rights? 20. The opening words in Section 63 "No person ....be entitled to hold as owner, landlord, tenant....." refers to an individual, who on the date of the commencement of the Act, i.e., 1-3-1974, was holding the land in one or other capacity the owner "To hold" has not been defined; in State of Andhra Pradesh -v.- Mohd. Ashrafuddin, the Supreme Court, with reference to the definition of "holding" in Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, held that it includes an intending purchaser, who is in possession of land, in part-performance of the contract, but, in the K.L.R. Act, similar provision is not found. However, dealing with the expression 'held', the Court observed thus: "8. The word 'held' is not defined in the Act. We have, therefore, to go by the dictionary meaning of the term. According to Oxford Dictionary 'held' means: to possess; to be the owner or holder or tenant of; keep possession off; occupy. Thus, 'held' connotes both ownership as well as possession. And in the context of the definition it is not possible to interpret the term 'held' only in the sense of possession." 21. Analysing the words employed in Section 63, only four categories of persons can 'hold' the land. They are owners, landlords, tenants and mortgagees, with or with-out possession. It does include persons, who are likely to hold, at some uncertain future date. It refers to persons who are holding the land, in one or other capacities on 1-3-1974. Section 64 refers to future acquisition of land. Among the various modes of acquisition provided therein, acquisition by bequest, inheritance and partition is also provided, if such acquisition takes effect after the coming into force of the Amended Act, i.e., 1-3-1974. 22. Section 66, makes is obligatory on "persons who hold" the lands as stated therein on 1-3-1974, to file declaration before 31-12-1974. If a major son, of whatever community holds the lands, as stated in Section 66, he has to file a declaration. The provisions of Sections 67 to 76 are applicable for surrender of surplus land and vesting in the State. Section 65A also envisages a future situation, whereby, the classified land is converted as a result of irrigation source constructed by State Government, Since the statute covers the future acquisition and likely alteration of nature of land, would it be permissible to conceive an individual as a "family" by taking into account of his likelihood or chance of getting, a share, in the lands, either by partition or succession by imagining a share on the theory of notional partition ? Section 66 prescribes the dates for filing declaration and the procedure to be adopted. In several cases, the declaration, as in the instant case, is not filed by the major son; in such a situation, should the Land Tribunal, by fiction, calculate the holding of a 'major son' or any other person, who is not a member of family like declarant's parents or any one of them, widowed or divorced sister etc , who in their own right may be entitled to file declaration, treating themselves as "family" ? 23.In State of Maharashtra -v.- Narayana Rao, the contention was that ; "For purposes of quantifying the interest in the joint family property that devolved on the heirs of a deceased male Hindu required that it should be assumed that a notional partition had taken place in the family immediately prior to the death of the deceased, the female heirs of such deceased Hindu became divided or separated from the family on the death of the deceased. In order to examine the validity of this submission it is necessary to refer to some of the relevant features of a Hindu Undivided family and to consider the effect of the provisions of Section 6 of the Act on such family." The Court observed that : "9. xxx xxx xxx A legal fiction should no doubt ordinarily be carried to its logical end to carry out the purposes for which it is enacted but it cannot be carried beyond that. It is no doubt true that the right of a female heir to the interest inherited by her in the family property gets fixed on the death of a male member under Section 6 of the Act but she cannot be treated as having ceased to be a member of the family without her volition as otherwise it will lead to strange results which could not have been in the contemplation of Parliament when it enacted that provision and which might also not be in the interest of such female heirs. To illustrate, if what is being asserted is accepted as correct it may result in the wife automatically being separated from her husband when one of her sons dies leaving her behind as his heir. Such a result, does not follow from the language of the statute. In such an event, she should have the option to separate herself or to continue in the family as long as she wishes as its member though she has acquired an indefeasible interest in a specific share of the family property which would remain undiminished whatever may be the subsequent changes in the composition of the membership of the family. As already observed the ownership of a definite share in the family property by a person need not be treated as a factor which would militate against his being a member of a family. We have already noticed that in the case of a Dayabhaga family, which recognises unity of possession but not community of interest in the family properties amongst its members the members thereof do constitute a family. That might also be the case of families of persona who are not Hindus. In the instant case the theory that there was a family settlement is not pressed before us. There was no action taken by either of the two females concerned in the case to become divided from the remaining members of the family. It should, therefore, be held that notwithstanding the death of Sham Rao the remaining members of the family continued to hold the family properties together though the individual interest of the female members thereof in the family properties had become fixed. 10. We have already seen that 'person' includes a 'family' for purpose, of the Ceiling Act and the members of a family cannot hold more than one unit of ceiling area. The respondents cannot derive any assistance from the proviso to Section 6 of the Ceiling Act. Section 6 of the Ceiling Act provided that where a family consisted of members which exceeded five in number the family would be entitled to hold land exceeding the ceiling area to the extent of one-sixth of the ceiling area for each member in excess of five, subject to the condition that the total holding did not exceed twice the ceiling area. The proviso to Section 6 of the Ceiling Act provided that for the purposes of increasing the holding of the family in excess of the ceiling areas stated above if any member thereof held any land separately he would not be regarded as a member of the family for that purpose. This proviso was intended to qualify what was stated in Section 6 and was limited in its operation, it was confined to the purpose of increasing the ceiling area as provided in Section 6 of the Ceiling Act. It cannot be construed as laying down that wherever a member of a family had his separate property he or she should be regarded as not a member of a family and that he or she would be entitled to a separate unit of ceiling area." The above observation, puts an end to the doubt that by fiction or notional partition, the persons who have not filed declaration, who may constitute a family, or may not would not be entitled to claim separate unit of ceiling area i.e., ten units. 24. For the aforesaid reasons my conclusions are : (i) The extent of holding of any person, who files a declaration, must be determined as on the appointed day (1-3-1974) ; (ii) In determining the holding to find out whether the declarant exceeds the ceiling limit or not, it is not permissible to resort to notional partition, amongst the persons, who constitute "Family", as defined in the Act ; (iii) Provisions of Land Reforms Act apply to all persons, irrespective of their respective personal law. (iv) Notional partition is permissible only to aggregate the holding of a declarant, who being a member of Joint Family, is or is not a member of Family as per Section 63(4) of the K.L.R. Act. 25. Reverting back to the facts of the case, the notional extent allotted to the major son, is not challenged by the State; since it has become final, it is not possible to disturb that finding. Accepting the factual position, as found by the Tribunal, petitioner would, be entitled to additional four units, over and above, his ten Units, as the family consists of seven members. Hence, in his own right, he would be entitled to retain 54 acres plus 20 acres 16 guntas, i.e., 74 acres and 16 guntas. Surplus would be 12 acres 21 guntas. As this conclusion is possible on the existing and accepted material, it is needless to remand this matter, only for this purpose of passing final orders. 26. Hence, I make the following Order : (i) Writ petition is partly allowed; it is declared that the declarant petitioner is entitled to four additional Units and be is, there-fore, entitled to retain 74 acres and 16 guntas in his own right. (ii) The extent of surplus, which he has to surrender is 12 acres 21 guntas only. The Tribunal and authorities under the Act will take further proceedings in this regard, as per law.

ILLEGAL CREATION OF "MISSING RECORDS" BY REVENUE OFFICIALS TO ABET LAND GRABBING

noreply@blogger.com (Sridhara Babu) — Mon, 05 Dec 2011 07:50:52 PST

V.BALASUBRAMANIAN CHAIRMAN, TASK FORCE FOR RECOVERY AND PROTECTION OF GOVERNMENT LANDS in his report dated 30-06-2011

14. The basic proof for land grant is the entry made in the Dharkhast (Land Grant) Register and the Saguvali Chit Register maintained in the Taluk Office from which after payment of the upset price (if the grant is not free for SC/ST persons) by Treasury Challan, the Saguvali Chit is issued. Prior to this, the applications for land grant has to be verified by the Taluk Office regarding eligibility, availability of excess gomal, local enquiry by Revenue Inspectors regarding objections, preparing sketch maps, etc. But it is seen that in many cases, especially in Bangalore Urban District and surrounding urbanized taluks even though there was no land grant made following the provisions of the Land Grant Rules, the Revenue officials make entries in the RTC forms. On that basis the land grabbers claim for Grant Certificates and Saguvali Chits. The Taluk Office then prepares "Missing Records" with the illegal interpretation that the records in the taluk office are missing. It has been verified by the Task Force that the original Dharkhast and Saguvali Chit Registers are not at all missing and are very much available in the Record Rooms. What is "missing" is the entry relating to the claimant because, in reality, no such grant was made. Such factual position is concealed by the officials deliberately and "MISSING RECORDS" are built up as if grant records are not available in the taluk office and orders from Deputy Commissioner or even from government are then obtained for the grant.

15. In some cases bogus Saguvali Chit itself is created which is an offence of fraud and creation of false evidence under the Indian Penal Code apart from the provisions of the Land Revenue Act. In one such case in Kengeri hobli in Bangalore South taluk it was found that the Saguvali Chit is issued by the Bangalore South tahsildar in the year 1939 and recommended by the Village Accountant. The fraudsters did not verify that Bangalore Taluk was bifurcated into North and South only in 1940 and the post of Village Accountant was created only in 1968 and till then there were only Shanbogues. However, on the basis of such bogus saguvali chits many persons have grabbed lands in the State and have even obtained decrees from Civil Courts.

16. Even though the Government have issued detailed instructions to the Revenue officers vide circulars dated 30-10-2002, 20-10-2008, 6-8-2009 and 17-9-2009 directing the officials to verify the original and basic records before
confirming any lands as KABJEDAR of any land, the practice of not verifying the original records and flouting of government circulars has continued resulting in large scale land grabbing abetted by officials. Hence, the Joint
Legislature Committee during 2006-07 had specifically asked the Revenue officials in Bangalore Urban district to report such cases under section 136(3) of the Land Revenue Act to the Deputy Commissioner. Section 136 deals with the Presumption of the Entries in the RTC form which is a REBUTTABLE PRESUMPTION. Where there is doubt about such entry, the Deputy Commissioner can enquire into matter and after giving due notice to the claimants and can pass orders to cancel such wrong entries under section 136(3). This power of the Deputy Commissioner and subsequent cancellation has been upheld by the Courts in various cases.

17. For instance in WPs. 17470 of 2007 (KLR-RES) and No.11676 of 2007 (KLR-RES) dated 15-9-2008 the Hon'ble High Court of Karnataka held that: 8. In so far as the Writ Petition of Vasudeva Rao is concerned, admittedly he has not produced the grant certificate. He has not produced the Saguvali Chit....The tahsildar on enquirty found that the ('mutation,) entries were made
without any basis (and) he is duty-bound to bring the same to the notice of the Deputy Commissioner and he has requested the Deputy Commissioner to take action under Section 136(3) of the Act which confers power on the
Deputy Commissioner to initiate suo moto proceedings....In fact for such initiation of proceedings there is no time limit. All this is done to protect the public interest....He (the Writ Petitioner) will be evicted in accordance with law
by initiating proceedings under the Act...The Writ Petitions are dismissed."

18. In another land mark judgment No.WP 3069/2008 KLR dated 20-8-2010, the Hon'ble High Court held that even if the Tahsil Office does not produce the original records, it is still mandatory on the part of the claimant of the land to produce the original documents issued to him entitling him to the land. In this case the Hon'ble High Court held: " The Petitioners should have been diligent in justifying the revenue entries (in the RTC and Mutation Register), and the right to the properties when the revenue authorities have pointed out that there were no records in their custody." In other words, it is not always necessary for the Revenue Department to produce the original records if they are not available with it, but it is stll necessary for the claimant to prove his title.

19. Following these orders the Task Force had written detailed letters to the Deputy Commissioners, Assistant Commissioners and Tahsildars to initiate proceedings before the Deputy Commissioner concerned under section 136(3) and had asked the Deputy Commissioners to verify the original registers such as the Dharkahst Register and Saguvali Chit Register as these are difficult to manipulate and tampering with them can be easily made out and not to just rely on the RTC entries or actual possession by the claimant and to initiate proceedings to evict the land grabbers. ILLEGAL ORDERS PASSED u/s 136(3) BY THE SPECIAL DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT

20. It came to the notice of the Task Force that in a large number of cases the Special Deputy Commissioner has passed orders u/136 (3) conferring title to the claimants disregarding the reports of the Tahsildars and violating the Government instructions to follow the procedure of verification of original documents. It was seen that in just four taluks of Bangalore Urban district, the Special Deputy Commissioner had passed orders favouring the claimants in 428 cases involving 1,042 acres valued at least Rs.1,500 crores. In all these cases the government would have lost the lands to the land grabbers. However, to establish his intransigence, the Task Force requested the Regional Commissioner, Bangalore to examine the procedure followed in these cases and whether there were original grants. The Regional Commissioner constituted 18 teams of Revenue Auditors to examine each of these 428 cases and submitted a detailed report in February 2011 to the Government and to the Task Force that in none of these cases the original documents were examined and government lands were conferred on the claimants merely on the basis of entries in the RTC forms and Mutation Entries, etc.

21. To reverse the orders of the Special Deputy Commissioner, government have to file Writ Petitions only before the High Court. As the cases were numerous and the lands involved are very valuable, the Task Force felt that
such large number of cases cannot be handled by the regular Government Advocates who are over-burdened, and therefore met the Advocate General who kindly recommended 10 Special Advocates to handle these cases. Accordingly the 10 Special Advocates have been appointed to take up these cases before the High Court by providing them with all necessary documents.

22. As there are still about 7,000 cases pending under section 136(3) of the Act, Government have appointed 3 Special Deputy Commissioners who, in addition to the existing Special Deputy Commissioner of the District, have to dispose of these cases. The Task Force has impressed upon them by letters and by meetings the need to follow the correct procedure of verifying the original registers and documents while disposing of these cases.

23. Incidentally, the then Special Deputy Commissioner who had passed orders in the 428 cases in favour of the land grabbers is under suspension, having been arrested by the Lok Ayukta under the Prevention of Corruption Act in October 2010.

RELEVANCY OF MARKING OF HIKKALS, FOOT-PATHS, ETC., IN SURVEY MAPS,

noreply@blogger.com (Sridhara Babu) — Wed, 23 Nov 2011 03:43:40 PST

202. (i) All streams, main channels, important branch channels, large trees, houses, wells, kuntes, tanks and main channels issuing from the sluice of tanks are shown in village maps. Tanks, roads, railways, etc., formed since the original settlements are shown not only in the village maps but also in the copies of old maps kept in taluk and village offices. (R. 12672-81—L.S. 44-19-5, dated 4th May 1920).

(ii) Old foot-paths and cattle tracts and new ones subsequently formed are also shown in the maps only after obtaining an agreement from the owners, or when the area covered by such tracts are duly acquired by Government.

(iii) Cases calling for special treatment during resurvey may be brought to the notice of the Survey authorities for their consideration and disposal.

(iv) No general orders are necessary authorising the correction of village maps and records, in consequence of the formation of new village roads- under the Village Improvement Scheme. There is no objection to correc¬tions being made in cases in which the roads formed are important and maintained as permanent roads. (R. 10822-902—L.S. 48-16-2, dated 7th May 1917).

KNOW THESE PROVISIONS OF THE MYSORE TENANCY ACT, 1952. TO HAVE PERFECT LEGAL DOCUMENTATIONS

noreply@blogger.com (Sridhara Babu) — Wed, 23 Nov 2011 03:41:35 PST

With a view to regulate the law which governs the relations of landlords and tenants of agricultural lands and to regulate and impose restrictions on the transfer of agricultural lands, dwelling houses, sites and lands appur¬tenant thereto belonging to or occupied by agriculturists in the State of Mysore and to make provisions for certain other purposes the Mysore Tenancy Act, 1952 as amended by Act No. 5 of 1954 was promulgated by Government. The Act extends to the whole of the State of Mysore except Bellary District.

The main provisions of this Act are : —
(i) A person lawfullv cultivating anv land belong¬ing to another person shall be deemed to be a tenant if such land is not cult:vatcd personally bv the owner, and if such person is not (a) a member of the owner's family or (b) a servant on wages payable in cash or kind, but not in crop share or a hired labourer cultivating the land under the personal supervision of the owner or any member of the owner's family or (c) a mortgagee m possession.

(ii) No tenancy of land shall be for a period of less than 5 years and no tenancy shall be terminated before the expiry of a period of five years except on the grounds mentioned in section 15 or with the consent of the land¬lord any tenancy may be terminated by a tenant before the expiry of a period of five years by surrendering his interests as a tenant in favour of the landlord. All tenancies in force on the date of the commence¬ment of this Act shall be deemed to be tenancies? Or a further period of five years frorn the date of commence¬ment of this Act.

(iii) Notwithstanding any agreement, usage decree or of a court or any law, the maximum rent payable in respect of any period after the date of coming into force of this Act by a tenant for the lease of any land shall not exceed one half of the crop or crops raised on such land or its value as determined in the prescribed manner.

(iv) Every lease should be in writing and registered.

(v) Leases are liable to be terminated before the expiry of the full term, if there is default in payment of rent for any year, or has done any act which is destructive or permanently injuries to the land or has sub-divided the land or has sublet the land or failed to cultivate it personally or has left the land fallow or has used such land for a purpose other than agriculture.
(vi) The rent payable in kind should be in term? of standard palla of one hundred seers of grain or maunds of 960 tolas of commodity usually sold by weight.

(vii) The procedure to be adopted in fixing reason¬able rent in case of disputes is laid down under section 12 of the Act.

(viii) If a landlord intends to sell any land leased to a tenant, such tenant shall be given in the manner pro¬vided in sub-section (2), the first option of purchasing the land The landlord should offer the land in writing to the tenant specifying the price and giving him one mouth s time to intimate the acceptance of tiie offer. If the tenant is willing to purchase the land he should deposit the price of such land within one month from the date of the order of the Amildar. If the tenant communicates his unwill¬ingness to purchase or does not give any reply or fails; to deposit the price of land within the specified period, the tenant shall be deemed to have relinquished his right of first option to purchase the lanJ and the landlord shall then be entitled to sell the land to any other person at a price not less than the price at which the land was offered to the tenant under sub-section (2). Any sale of land held in contravention of section 22 shall be null and void.

(ix) (1) In the absence of an express intimation in writing to the contrary by a tenant, every payment made by a tenant to the landlord shall be presumed to be a payment on account of rent due by such tenant for the year in which the payment is made.

(2) Every landlord shall on the written request of the tenant give a written receipt for the amount of rent at the time when such amount is received by him in. respect of any land in such form and in such manner as may be prescribed.

(x) No sub-division on sub-letting of the land or assignment of any interest held by a tenant shall be valid, such sub-division sub-letting or assignment shall make the tenancy liable to termination.

(xi) Save as expressly provided in this Act, any interest in the land held by a tenant, shall not be liable to be attached, seized or sold in execution of a decree or order of a civil court.

(xii) (1) Notwithstanding anything contained in any agreement or in any law, proceedings by a landlord for recovery of rent payable to him by a tenant shall be only by means of an application to the Amildar. Such application may be in such form as may be prescribed.

(2) On receipt of the application under sub-section (1), the Amildar shall, after holding an enquiry, pass such order thereon, as he deems fit.
(3) The provision of section 98 of the Mysore land Revenue Code 1888, shall apply to the recovery of the rent ordered to be paid under sub-section (2).

OLD LAND REVENUE RECORDS IN MYSORE STATE IN SURVEY SETTLEMENTS

noreply@blogger.com (Sridhara Babu) — Wed, 23 Nov 2011 03:39:46 PST

The records are generally known as the settlement papers, and the following are the papers which should have been prepared in order to effectively introduce the new or survey settlement:

(1) " Pahani Sud " or Statement showing the old numbering of lands and the survey numbers, names of fields, description of tenure, name of occupant, and survey area of each number, generally known as the " Sud " and always accompanied by a map of the village.

(2) " Akarband" or register of survey numbers, showing the total area under each head, arable and un-arable, dry land, wet land and garden in detail, with the rate per acre and assessment of each, and the total assess¬ment fixed on the entire number.

(3) "Pot Pahani Book" or inspection statement, showing the old and new numbering of every survey number, and full information regarding tenure and occupancy.

(4) Statement showing number and description of trees in each survey number, known as the " Jhar Patrak."

(5) Statement of grazing land, known as the " Hulbanni Tahkta."

(6) Statement showing full particulars of each occupant's entire holdings under old and new systems, known as the " Wasul Baki.’’

(7) "Phutkul Patrak" or detailed statement of occupancies, when two or more are included in one and the same revenue survey number, with area and assess¬ment of each.

The discontinuance of the preparation of the phutkal patrika and substitution of the Index of lands (Form No. 6, Record of Rights) has been ordered in connection with the Settlement accounts of inam villages. (R. 4056-65—L.S. 46-34-2, dated 19th February 1935).

(8) Statement of waste lands, known as the " Banjar Takhta."

(9) The final Settlement Register, known as the " Lavani Faisal Patrika."

(10) The " Joddidar Takhta " or statement of Jodi Inam land.

The uses and mode of preparing each of the above are given in the survey Manual.

Note.—The department of Land Records is responsible for the accuracy of these returns embodying the result of survey opera¬tions, but the responsibility of correctly preparing those returns, or of portions of returns, intended to record the existing state of occupancy, rests with the Revenue authorities. The impression that "the operations of the department of Land Records act in any way injuriously to the rights comprised in the existing landed tenure, should be carefully removed from the minds of the people, the survey, apart from its general beneficial results in conferring an improved tenure, does not create new, or take away existing rights of any description. The settlement papers are very important and they are of great use during, as well as after, settlement.

199. The Amildar should keep the settlement papers for each village in separate daftars, not only for their careful preservation, but also for facilitating reference. The Deputy Commissioners or the Assistant Commis-sioner in charge of the taluk should take the opportunity, when he inspects the Taluk records, of seeing that this is done.

200. The advantage of village maps for revenue or general administrative purposes are unquestionable. The village map affords the most minute information as to the position, size and limits of fields, roads, water courses, etc., comprised within the village limits. The District map exhibits with equal accuracy, the relative positions and extent of villages, topographical features of the country and a variety of other information useful to the local revenue and other authorities.

201. (i) Village maps are supplied free of cost to the Taluk Offices, Patels and Shanbhogs the cost being adjusted at the end of each year by book adjustment from Revenue to Land Records Department. (R. 1904-6—L.S. 20-34-2, dated 19th October 1934). (R. 6177-79—L.S. 70-30-2, dated 15th June 1935).

MYSORE LAND REVENUE RULES GOVERNING DISPOSAL OF OCCUPANCIES BY PUBLIC AUCTION.

noreply@blogger.com (Sridhara Babu) — Sun, 20 Nov 2011 09:00:59 PST

Under Rule 43 (ii) it is only in special cases where the land is very valuable or where there is no demand for land from person eligible for the grant of lands under sub-rule ( 1 ) the Deputy Commissioners may with the previous sanction of the Revenue Commissioner, sell such land by public auction. Every sale by auction under these Rules, or in pursuance of any of the provisions or the Land Revenue by public Code, shall unless otherwise provided for, be conducted so far as may be, in accordance with Sections 171, 172, 176 to 183, both inclusive, and 186 of the said Code. Sales not otherwise provided for shall be made by auction by such persons as may be authorised in this behalf by these rules or by the Deputy Commissioner. No sales of lands shall take place until after the expiration of at least seven days from the latest date on which the notice of sale shall have been affixed, as required by Section 172.

When the estimated value of the property does not exceed two hundred rupees the sale may be entrusted to the Revenue Inspector in charge of the Hobli or Circle, and where such value exceeds two hundred rupees, the sale shall be conducted by the Amildar or such officer as may be specially empowered in that behalf by the Deputy Commissioner. When the value of the property exceeds one thousand rupees, the sale shall be conducted by the Deputy Commissioner or by an officer not below the rank of an Assistant Commissioner authorised by the Deputy Commissioner by General or Special order. When the property consists of more than one lot, the estimated value shall be the value of each lot separately, as an individual item and not the aggregate value of all the lots.
Sales of land shall be subject to confirmation by the Deputy Commissioner or by some other officer authorised by these rules or by the Deputy Commissioner, such con¬firmation not being ordered before the date of payment of the full amount of purchase money :

Provided that in conducting the following sales : —
(a) sales of the right of grazing and of the right to take or cut grass in waste lands.
(b) sales 'of the right to take the fruit of specified Government trees for a specified period, and
(c) sales of dead wood.

the procedure shall be in accordance with such orders as may, from time to time, be made by the Deputy Com¬missioner either generally or specially in this behalf, in¬stead of the procedure prescribed in Section 171 and 172 of the Land Revenue Code.

The Government, the Revenue Commissioner, and the Deputy Commissioner may condone delays in the payment of full amount of purchase money in darkhasts sales subject to the levy of penalty up to 10 per cent of the purchase money not exceeding Rs. 50 in any case. Provided that the power to condone the delay shall be exercisable by (i) the Deputy Commissioner in respect of delays exceeding 15 days but not exceeding 30 days, (ii) the Government in respect of delays exceed¬ing 30 days (Notification No. R. 11238—L.R. 45-52-28, dated 26th November 1952),

The proclamation and written notice of sale required to be issued under Sections 171 and 172 of the said Code shall be in one of the forms contained in Appendix B or as near thereto as may be.

Note.—The rule is applicable only to darkhast sales and not to sales held for the recovery of the arrears of land revenue

(1) When a gomal survey number consisting of 24 acres and 27 guntas was phoded into 4 blocks and sold in auction by the Revenue Inspector and confirmed by the Amildar, it was held, that the sale of each survey number was separate and independent and the Revenue Inspector was quite competent to hold_the sale. To add up the value of all the survey numbers and then say that the total amount is beyond the jurisdiction of the Revenue Inspector is not correct. (R.A. No. 70—12-43.) (G.O. No. R, 1283-4—L.R. 337-42-4, dated 31st August 1943).
(2) The non-payment of Boundary mark charges will render the contract of sale incomplete and the land cannot be subdivided. In the sale notification connected with unoccupied lands requiring sub-division the condi¬tion that boundary mark changes should be paid along with the purchase money is invariably inserted. (G.O. No. 7895-907—L.S. 1-53-96, dated 30th October 1954).

DARKHAST SALES SHOULD NOT BE POSTPONED.

(3) The existing rule 26 of the Land Revenue Rules which does not provide for postponement of Dar¬khast sales should be strictly enforced. In case the highest bid recovered is, through combination or for other cause unduly low, the sale can always be cancelled and fresh darkhast sale held after observing the prescribed procedure. (Circular Letter No. R. 6592—L.R. 285-38-4, dated 28th June 1939).

DARKHAST SALES.

(4) The exclusion of the phut kharab of a survey number from its advertised extent was held to be an un¬important error which in no way affected the sale of the land or darkhast or the proceedings connected with it. (G.O. No. R.
1059—A.R.M. 110-05-7, dated 27th January 1906).

(5) Amildars should not, on their own responsi¬bility order reservation of lands duly assessed to revenue by the department of land records and for which darkhasts are received. (Appeal No. 39—1905-1906).

(6) If a Deputy Commissioner passes an order directing disposal of a land in an auction, and if an appeal be preferred to him against the Assistant Commissioner's order confirming the sale of that land, the Deputy Com-missioner is not precluded from entertaining the appeal (Appeal No. 132 of 1908-09), (G.O. No. R. 3554—L.R. 547-08-2, dated 12th November 1909).

(7) An officer who once confirms a revenue sale and authorises the purchaser to be put in possession of the land is not competent to subsequently cancel the sale oil his own authority, on the ground of objections already on record. (G.O. No. R. 3553-4—L.R. 547-08-2, dated 12th November 1909. Appeal No. 115 of 1908-09).

(8) In the absence of any fraud or material irregu¬larity a (darkhast) sale otherwise regularly held should . not be cancelled, merely on the ground of subsequent higher bids for the land. (Appeal No. 2 of 1917-18). (G.O. No. 410—P.F. 157-02, dated 10th October 1903; R. 3275—R.M. 494-05-3, dated 17th September 1906; ^R. 11471—L.R. 233-17-5, dated 27th May 1918).

(9) A survey number which was really a tank kharab and which had wrongly been reported as a hul-bauui kharab was given out for cultivation. Held that though the failure of the taluk authorities to make personal inspection before the darkhast sale of the said land took place was a reprehensible omission, the sale was rightly cancelled and the land was ordered to be resumed and treated as tank kharab, the price paid by the appellant, being refunded to him. (Appeal No. 1 of 1919-20). (G.O. No. R. 4135—L.R. 243-17-4, dated 24th September 1919).

(10) A Deputy Commissioner cannot, after pas¬sing an order cancelling a sale, review his previous order and confirm the sale. (Appeal No. 6 of 1919-20).
(G.O. No. R. 6295—L.R. 201-18-5, dated 27th November 1919).

(11) When the extents stated in the various documents (mahazar, sale proclamation, sale patties, etc.) connected with the sale of a vacant site are discrepant. the accepted rule is that the true extent should be deter¬mined by a reference to its boundaries. (Appeal No. 7 of 1919-20). (G.O. No. R. 6953—L.R. 147-18-5, dated 17th December 1919).

(12) A revenue sale held with due formality should not be cancelled, merely to grant the land at an upset price to a person who owns the adjoining lands. (Appeal No. 13 of 1919-20). (G.O. No. R. 9786—L.R. 192-184, dated 26th February 1920).

(13) Darkhast sales conducted by the Revenue Officers should always be characterised by good faith, impartiality and independence. (Appeal No, 9 of 1919-20). " (G.O. No. 9810—L.R. 204-18-4, dated 26th February 1920).

AUTHORISED POSSESSION NOT TO BE SUMMARILY DISTURBED.

(14) A person properly put in possession of a land under a saguvali chit and holding it for more than a year should not summarily be deprived of it by cancelling the saguvali chit, merely because, a petition of objection was presented long after the prescribed appeal time. (Appeal No. 96 of 1911-12).
(G.O. No. R. 5831—L.R. 195-12-4, dated 12th April 1913).

MYSORE LAND REVENUE RULES GOVERNING UNAUTHORISED CULTIVATION OF LAND.

noreply@blogger.com (Sridhara Babu) — Sun, 20 Nov 2011 09:01:28 PST

(1) When dealing with cases of unauthorised cultivation of land, Deputy Commissioners and Sub-Division Officers have discretionary power to remit a reasonable portion of the penal assessment chargeable, where a strict enforcement of the provisions of Section 59 L.R.C., would result in undue hardship. (G.O. No. 2595-602—R. 1029, dated 27th September 1898).

(2) The person who has actually encroached upon and unauthorisedly cultivated the land is liable to pay the fine and not the khatedar of the adjoining survey number. For default of payment of the fine by the former, it is wrong to sell the occupancy of the latter. (G.O. No. 3449— P. F. 48-92, dated 7th November 1898).

MYSORE LAND REVENUE RULES GOVERNING FlNE FOR UNAUTHORISED CULTIVATION OF LAND.

(3) Officers empowered to fine should exercise their power moderately and not to take extent of ruining an offender. (G.O. No. 11934— P. F. 87-97, dated 21st June 1898).

MYSORE LAND REVENUE RULES GOVERNING OLD PUBLIC THOPES.

noreply@blogger.com (Sridhara Babu) — Sun, 20 Nov 2011 08:52:17 PST

The Revenue Commissioner may grant per¬mission to individuals to raise public thopes on an extent not exceeding two acres in Government Kharab or Gomal lands when there is no objection from the villagers to the disposal of the lands and when the intentions of the applicants in the matter of raising such thopes for charit¬able purposes are found to be bona fide. In other cases sanction of Government should be obtained. (G.O. No. R. 7539-49—L.R, 549-40-2, dated 7th May 1941).

WHAT HAPPENED TO THIS RULE OF GOVERNMENT ORDER AND AND APPEAL

noreply@blogger.com (Sridhara Babu) — Sun, 20 Nov 2011 08:30:14 PST

AUTHORISED POSSESSION NOT TO BE SUMMARILY DISTURBED.

(14) A person properly put in possession of a land under a saguvali chit and holding it for more than a year should not summarily be deprived of it by cancelling the saguvali chit, merely because, a petition of objection was presented long after the prescribed appeal time. (Appeal No. 96 of 1911-12).
(G.O. No. R. 5831—L.R. 195-12-4, dated 12th April 1913).

LAND GRANT RULES UNDER MYSORE LAND REVENUE CODE 1888 UPTO 1934

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:06:55 PST

CHAPTER VI.

FORFEITURE OF OCCUPANCIES AND DISPOSAL THEREOF.

[Section 54]
35. Except as provided in the next following Rule, the holding on which an arrear is due shall be declared forfeited and proceeded against in the first instance unless the defaulter surrenders his personal property and desires it to be first sold or enters into some other arrangement by which the ready recovery of the arrear is insured.

If the holding in respect of which the arrear is due consists of two or more survey numbers or of two or more portions of land or estates separately assessed, and the Deputy Commissioner shall be of opinion that the whole amount of such arrear could be realised by the sale of some one or more only of such numbers, or portions of estates, he may, in his discretion, restrict the forfeiture to such one or more of the said numbers, or portions of estates. Where the forfeiture is intended not for the purpose of sale but for taking possession and otherwise disposing of the holding, the previous sanction of Govern¬ment shall be obtained in each case.

When a holding which has been forfeited for default in payment of the land revenue due thereupon is not sold, or when the sale proceeds thereof are not sufficient to meet the arrear, the arrear or the balance of arrear payable by the defaulter shall ordinarily be remitted without having recourse to further compulsory process. But it is not intended that in all such cases the right of recovering arrears or balance of arrears from defaulters by other means should be altogether relinquished. In special cases, the Deputy Commissioner may enforce that right.

36. Inam lands held for village service, revenue or police, or for religious or charitable purposes shall not be declared forfeited and sold, but the Deputy Commissioner shall proceed to realize the demand against the holders by the attachment and sale of their personal and other movable property. In the case of unenfranchised inams on which arrears may be due, the Deputy Commissioner may, in the event of his failing to recover the arrears by the sale of the defaulter's personal or other immovable property, obtain the sanction of Government to the inams being declared forfeited and resumed.

37. In the case of an enfranchised alienated holding which has been declared forfeited for the purpose of sale under Section 159, such forfeiture will not operate so as to extinguish the tenure on which the alienation was made by Government and the property shall be sold as alienated property, and conveyed as such to the purchaser. Provi¬ded, however, that if at such auction the property is bought in by Government, the Deputy Commissioner shall cause the land comprised in the holding to be entered in the records as unoccupied unalienated land.

38. It shall be in the discretion of the Deputy Com¬missioner to restore any forfeited occupancy or alienated holding at any time on payment of the arrear in respect of which the forfeiture was incurred, together with all costs and charges lawfully due by the defaulter or, on security being given to his satisfaction for the payment of the said arrear, land revenue and charges within a reasonable period.

*39. Every sale of a forfeited holding as such shall be made subject to the same rules and orders as are applicable to the sale of unoccupied unalienated lands, so far as they are consistent with the provisions of Chapter XI of the Land Revenue Code.
The form of proclamation of sale under this Rule shall be as in Form (3) of Appendix B.

#40. With a view to protect the interests of co-occu¬pants and other persons interested in the continuance of the occupancy or alienated holding as provided for in Section 77, Deputy Commissioners shall give them notice before declaring the occupancy or alienated holding for¬feited, provided they register their names and their interest in a Register to be opened in the Taluk Cutcherry for the purpose and pay on every application for such registry, a fee of one rupee in the shape of Court Fee stamps of that value to be affixed to the application. This proviso shall not apply to co-occupants who may have their names and shares entered in the records under Rule 75.

*Ametided by G. O. No. B. 1054 63—L. E. 869—4, dated 23rd August 1904
#Amended by Notification No. B. H621—L. E,528-05-1, dated 7th March 1908.

The registry thus made shall not give a right to the parties concerned to receive notices under this rule for more than five official years beginning with the year of registry unless a fresh application is made before the expiry of the period and the entry in the Eegister renewed. No fee will, however, be charged on applications for such renewal.

No fee will be charged on applications made by Co-operative Societies for entering their names in the Eegister referred to above:

* Provided that in taluks where a Notification under. Section 4 (2) of the Record of Rights Regulation has issued, the notice contemplated in para 1 shall be issued to all persons whose rights (not being merely rights of ease-ment) have been registered in the Record of Rights, with¬out charging any fee.

* R. 5324—L. S. 68-33-8, dated 11th April-1934.

CHAPTEE VII.
GRANT OF OCCUPANCIES.
[Sections 58, 60 and 233 (h) and (n)]

*41. When unoccupied land is required, a written application shall be made in person or by duly constituted agent or by post to the Amildar direct, provided that, in the last mentioned case, the applicant's full name and address are legibly written and his signature is attested to by the village Shanbhog or a taluk official not inferior in rank to a Revenue Inspector or a Magistrate certifying to the identity of the applicant. Applications may be presented in person to Revenue Inspectors also. In either case, i.e., when the application is received by the Amildar and sent on to the Revenue Inspector or when it is received by the Revenue Inspector himself, he shall submit to the Amildar a report in Form No.1 of Appendix D within a week from the date of its receipt by him.

All applications shall be registered in the order in which they are received in a Register which should be maintained in the Taluk Office in Form No. 2 of Appendix D. All correspondence connected with the darkhast shall be noted regularly in the Register which should be always available for inspection by superior officers.

*42. It shall be the duty of every Village Accountant, if so desired by any occupant in his village or by any person about to become an occupant of land in his village, to prepare applications for land without fee or charge of any kind.

A Village Accountant who prepares such an applica¬tion shall affix his signature beneath the words "written by" on the lower left hand corner of such application.

The Village Officers shall not accept any engagements for lands or make any alteration in the village accounts without the written orders of the Amildar.

*Amended by Notification No. E. 12540-L.E. 384-19-5, dated 30th April 1920, and G.O. No. R 968-77—L.B. 619-12-2, dated 28th July 1913.

*43. (1) All lands shall be sold by public auction after observing the prescribed formalities. But it shall be in the discretion of the Deputy Commissioner in special cases to grant an occupancy at an upset price to any bona fide applicant who is an agriculturist or proposes to culti¬vate the land himself, when he is satisfied that, in the event of a public auction being held, advantage may be taken of the needs of the applicant to force up Lands so granted shall not, however, exceed five acres in extent or Rs 100 in value. If it is proposed to give lands exceeding this extent or value to any applicant for upset price, the previous permission of the Revenue Commis-sioner shall be obtained in cases where the extent does not exceed twenty acres and the market value of the land is within Rs. 500. In cases exceeding these limits, the sanction of Government shall be necessary for the grant of lands at an upset price. These concessions are not to be shown to absentees, and to people speculating in lands.

(2) The "upset price" shall not be arbitrarily fixed but shall represent the actual market value of the land, as nearly as it can be ascertained by local enquiries and by the examination of records of sales of similar lands in the neighbourhood, and if necessary, of the registration statis¬tics relating to them.

#Note. :- The limitations contained in paras (1) and (2) above as to the authority sanctioning the grant for upset nrice and the principle of determining the same do not apply to the restoration under Rule 99 (b) of occupancies resumed to Government for arrears of revenue to the original holders.

(3) The Amildar should invariably obtain the orders of his superior officers in regard to the disposal of lands irrigated or likely to be irrigated by large irrigation projects. The Department of Public Works should, as soon as possible, after any project is taken up for investi¬gation or consideration, notify to the Revenue Depart¬ment either generally or specially, the lands which will be affected by the project.

(4) In all cases of grant of occupancies whether for a price or not, asum equivalent to the cost of the boundaiy marks which have been or may have to be constructed on the land shall be invariably collected from, the grantees in accordance with instructions issued by Government from time to time. The Deputy Commissioner will, however, be allowed to waive this charge in cases of extreme poverty of the applicants.

* Amended by G. 0. No. E. 2433—L. B. 104-30-7, dated 28th November 1931.

# Added by G. O. No.B. 6449—L. B. 380-32-3, dated 2nd June 1933.

(5) Notwithstanding anything herein before stated, the Deputy Commissioner may, at his discretion, grant to applicants belonging to the depressed classes lands at half the upset value, the amount being recovered in not more than five annual instalments. Where half the upset price is below Rs. 50, the price to be recovered from the grantee may be limited to the excess, if any, of the esti¬mated value of the land over Rs.50. In cases where the upset value does not exceed Rs 50 (This value is raised to Rs 75 as per No. 4522 dated 04-01-1945) he may waive the recovery of price altogether. The lands thus given shall not be alienated for a period of twenty years and the grantee shall execute a mutchalika to that effect in the Form w prescribed by Government. This shall not, however, prevent the land being accepted as security for any loan which he may wish to obtain from Government or from a Co-operative Society for the bona fide purposes of improving the land.

(6) Grant of lands to applicants of the depressed classes may be made on the following shraya rates, as a further concession:

(7) No single applicant or family shall be ordinarily Each family given land exceeding five acres in extent or Rs. 100 in value, but where it is proposed to grant a larger extent or lands of a higher value, the sanction of the Revenue Com-missioner or Government shall be obtained as in the case of lands given for upset price under other circumstances.

N.B.~- The concessions contemplated in the Rule should be granted only to the members of the depressed classes who are regarded as Hindus.
* Note.;- Depressed classes in the above paras include Pishari community. Ordinarily

*Inserted by G.O.No. R 172- L.R. 8-31-62 dated 6th August 1932

(8) Before any land containing a large number of sandal trees is granted for cultivation, the Forest Depart¬ment shall be consulted and if there is a large number of grown up sandal trees distributed all over the survey number, such survey number shall be reserved for Govern¬ment. If there is a growth only in a portion of the survey number and the remaining portion does not contain many trees, such remaining portion may be granted for cultiva¬tion after being formed into a separate survey number, provided the extent does not fall below the minimum for the tract. In special cases, where it is possible to mark off the portion containing sandal trees and reserve it, such portion, even if below the prescribed minimum, may, with the sanction of the Deputy Commissioner, be sub¬divided and reserved to Government, the remaining portion of the survey number being alone granted for cultivation with a proportionate reduction of assessment.

(9) For the purposes of this Eule, any land which contains ten or more sandal trees of over 12 inches girth per acre shall be considered as having a large number of sandal trees and such land shall be reserved. Lands containing a smaller number of trees and those containing a sprinkling of green plants may be given out for culti¬vation.

(10) Lands containing sandal trees when granted for occupation shall always be sold by auction and the upset price to be levied shall be calculated so as to include the present value of the bonus that would be payable to the occupant in respect of such trees under the orders of Government for the time being in force in this behalf.

44. If the survey number has not already been assessed, it shall be assessed in the manner provided for in Eule 30 (a) and the assessment so fixed shall hold good, pending the period for which the current survey settle¬ment for the village in which the land is situated has been guaranteed, and shall be liable thereafter to revision at every general Survey Settlement of the said village.

45. If the permission to occupy a land happens to be granted at a time of the revenue year when it is impos¬sible to deriye any crop from the land within that year, it shall be in the discretion of the Deputy Commissioner to direct that the liability to pay assessment shall commence from the ensuing year.

46. If it shall appear that the bringing of any survey number under cultivation will be attended with large expense, or if, for other special reasons, it shall seem desirable, it shall be competent to the Deputy Commis¬sioner, with the previous sanction of Government, to give the number revenue-free or at a reduced assessment for a certain term, or revenue-free for a certain term and at a reduced assessment for a further term, and to annex such special conditions to the occupancy as the outlay or other reasons aforesaid may seem to him to warrant: provided always that, on the expiry of the term or terms so agreed upon, the land shall be liable to full assessment under the rules then in force for lands to which a Survey Settlement has been extended.

47. The occupancy of building sites shall ordinarily be sold by auction to the highest bidder whenever the Deputy Commissioner shall be of opinion that there is a demand for such sites ; but the Deputy Commissioner may, in his discretion, dispose of the occupa-ncy of such sites by private arrangement, either upon the payment of a price fixed by him, or without charge as he shall deem fit.

The value of sites shall be so fixed as to realize at least the full cost of the acquisition of the land appro¬priated for building purposes; provided, however, that the value of individual sites may be above or below the average value, regard being had to the extent, situation and other natural advantages or disadvantages of such sites. (Amended by Notification No. B. 6695—L. E. 482-11-1, dated 15th May 1912.)

48. Auctions held under the last preceding Eule shall ordinarily be conducted in the town or village in which the land of which the occupancy is to be disposed
of is situated. (Amended by Notification No. E. 10179—L. E. 395-16-6. dated 5th April 1917.)

49. Occupancies of building sites shall ordinarily be disposed of without reserving an annual ground-rent, (Amended by G. 0. No. E. 2228-37—L. B. 521-03-4, dated 8th September 1904.) provided that—

(A) When, as in the case of building sites at hill-stations, or in the malnad (for Rules, see Appendix C), Government have sanctioned special rules, such rules shall be followed.

(B) (Amended by Notification No. B. 6695—L. E. 482-11-1, dated 15th Mav 1912.) The occupancy of land in towns and other places of considerable size or of increasing importance, shall be disposed of subject to the condition that the Deputy Com¬missioner may, with the approval of Government, prescribe subsidiary rules to regulate the following matters, namely:—

(a) the-level, drainge, sanitation and ventilation of the buildings to be erected thereupon, the location of such buildings in relation to any street existing or projected, the design or materials to be employed, the dimensions or the cubical contents of the rooms;
(b) value of the sites and the manner in which it shall be paid ; and
(c) the time within which the construction of the building should be begun and completed and any other matters not specifically mentioned above.

The failure to comply with any of the conditions prescribed as aforesaid will render the building sites liable to resumption at the discretion of the Deputy Commissioner without payment of any compensation to the grantee, and the decision of the Deputy Commissioner shall be final in such matters.

*50. The land such as is described in clause (b) of the last preceding Rule, as well as all vacant land in other places, not already in the occupation of private individuals should, wherever possible, be demarcated on the ground into building sites, kanas, hulhittals, etc., numbered and mapped in such a manner that persons desirous of becom¬ing occupants may clearly know what plots are available and indiscriminate applications may be summarily rejected. The demarcation should be done under the direction of the Amildar, in consultation with the Village Improvment Committee, if any, existing in the village. The Deputy Commissioner may allot a group of sites to persons of a particular caste or community and prescribe any reason able terms or conditions to discourage the taking up of sites or their retention for mere speculation without build¬ing habitable residence thereon, or the purchase of an unnecessarily large number of sites by one and the same person.

* Amended by Notification No. B. 5854—L. R. 173-06-2. dated 10th December 1906, and G. O. No. R. 12540—L. B. 384-19-5, dated 30th April 1920.

Due provision should be made in the plans for roads and approaches and access of air and light and careful regard should be had to sanitary requirements. ; Darkhasts for building sites should be registered in the Register to be maintained in Form No. 3 of Appendix D. All correspondence should be noted regularly in the Register which should always be available for inspection by superior officers. In Rules 47, 49 (B) and 50, the 'powers of a Deputy Commissioner may be exercised by any other authority empowered by Government in that behalf.

51. Whenever a new village site is established in lieu of a former one, which it is determined for any reason to abandon, the new site shall be carefully marked out and mapped in the manner prescribed in the last preceding Rule.

When an entirely new village site is established, or an addition is made to an existing site, the same provi¬sions shall be observed for demarcating such new or additional site, but the disposal of the lots therein will be made under the rules ordinarily applicable to the disposal of building sites.

52. The occupancy of land near a Railway Station and within half a mile thereof or such other distance from it as may from time to time be fixed by Government, may be given out for agricultural purposes at the discretion of Deputy Commissioners, subject to the condition that the land shall be liable to resumption without payment of compensation when it is required for public purposes ; but such land shall only be given out for building purposes with the previous sanction of Government and subject to their orders in each case. (Inserted by Notification No. R, 5854—L; R, 173-06-2 dated 10th December 1906.)

53. The occupancy of land to which one of the fore¬going Rules is applicable, and concerning which no speciarl orders have been passed by Government, shall be disposed of in such manner, for such period, and subject to such special conditions, if any, as the Deputy Commissioner, subject to the control of Government, shall deem fit.

54. Whenever an occupancy is sold by public auc¬tion, an upset price shall, if the Deputy Commissioner thinks fit, be placed thereon in order to guard the revenue against loss and to prevent applications being made for such occupancies when they are not really wanted.

Every endeavour shall be made to see that the sale is widely advertised and conducted with due publicity. When once a sale is duly held and confirmed, it should not be set aside except on the ground of fraud or serious irregularity or want of due publicity in the first sale, merely because a higher value is subsequently offered for the land.( Notification No. B. 106—L. B. 2S25-22, dated the 5th October 1927.)

55. Whenever the occupancy of land is granted on special terms, whether as to the amount of assessment or as to the conditions of the tenure, a written lease shall be executed by the Deputy Commissioner clearly setting forth the terms of the grant.

Every such lease shall be in a form sanctioned by Government, and, if no suitable form has been already so sanctioned, reference shall be made and a sanctioned form obtained before the lease is executed.

A duplicate shall be kept of every lease executed under this Rule.

56. The permission in writing to be given by an Amildar or a Deputy Amildar under Section 58 of the Land Eevenue Code to enable an intending occupant to enter upon occupation shall be in the form of Appendix E.

CHAPTER VIII.

LIMIT OF FINES TO BE LEVIED UNDER SECTION 59.

[Sections 59 and 233 (1)]

57. The limit of fine to be levied under Section 59 of the Land Revenue Code when land is unauthorizedly occupied and appropriated to any non-agricultural purpose, occupation of shall be double the amount of the fine that would be leviable under Section 64 of the Land Revenue Code, if the same land being in the lawful occupation of the tres¬passer had been appropriated by him to the same purpose without the permission of the Deputy Commissioner.

CHAPTEE XII.

RELINQUISHMENT OP OCCUPANCIES.

[Section 71 and 233 (n)]

*64. The written notice of absolute relinquishment of an occupancy, required by Section 71 of the Land Revenue Code to be given to the Amildar or Deputy Amildar, shall be in the form of Appendix F, and shall be given before the 31st of March in the current revenue year. Such relinquishment shall have effect from the 1st April in such year, provided that Vaisakhi crops, if any, on lands thus relinquished, may be removed by the owner before the close of such year. In the year of Survey Settlement, however, whether original or revision, such relinquishments may be received up to the end of June of the year of such settlement. (* Amended by G. O No. B. 8156-65—L, R. 349-15-7, dated 5th February 1917.)

65. The written notice of relinquishment of an occupancy by the registered occupant in favour of one or more persons and the agreement to be entered into by such persons, or the principal of such persons, shall be in the form of Appendix Q (G, O. No. R. 2910—L. R- 409-10-4, dated 25th November 1912.)

66. Except as provided in the next following Eule, every notice and every agreement given under the last two Eules shall be endorsed by any two respectable witnesses to the effect prescribed below each of the said Forms, and the Amildar or Deputy Amildar who receives any such notice or agreement, will be held responsible for exercising due care in ascertaining the identity of the person who has signed the same notwithstanding that such notice or agreement has been duly endorsed as hereinbefore required.

67. If the land has been transferred to the person in whose favour the relinquishment is made by a regis¬tered deed of conveyance or any other kind of instrument transferring the occupancy of the land, both the notice and agreement above referred to may be executed before the Registrar or Sub-Eegistrar registering the documents, who shall attest and then forward the same to the Amildar or Deputy Amildar in order that they may be given effect to at once so far as the particulars of holding are found to be correct. In such a case, they need not be endorsed by any other witness.

68. All notices and all agreements received under Rule 64 or Rule 65 shall be kept In separate files in the records of the Amildar or Deputy Amildar.

69. It shall be the duty of every Village Accountant, if so desired by any occupant in his village or by any occupant in his or by any person in whose favour land is about to be relinquished by any occupant in his village, to prepare any notice or any agreement that may be necessary under Rule 64 or Rule 65 without fee or charge of any kind.

A Village Accountant who prepares any such notice or agreements shall affix his signature beneath the words " written by " on the lower left-hand corner thereof.

*70. (1) When a person has been in possession of an occupancy as reputed owner for 12 years or upwards with or without a document and paid revenue therefor during that period, or where a person is in possession of an occupancy as owner under a deed duly executed and registered, he may make an application to the Amildar for the registry of his name in lieu of that of the registered occupant.

(2) When during Jamabandi or at any other time it comes to the notice of the Amildar in any manner that a registered occupant has no actual interest or is believed to have no actual interest in an occupancy or in a survey number or a recognised share of a survey number included in such occupancy, he may, of his own motion, hold an enquiry into the matter.

(3) On receipt of an application under (1) above or when he proceeds suo moto as in (2), the Amildar shall cause a notice to be served on the registered occupant and also published in the village and in such other manner as he may deem proper, and after three months from the date of service and publication of the notice, hold a summary enquiry and either order or refuse to order the transfer of registry. An appeal shall lie against this order to the Assistant Commissioner in charge of the Sub-Division and a second appeal to the Deputy Commis¬sioner whose decision shall be final, but shall be without prejudice to the party aggrieved seeking such redress as may be open to him by law in a Civil Court. (* G. O. No. E. 197-213— D. R. 92-26-8, dated 9th July 1927.)

DARKASTH RULES UNDER LAND REVENUE CODE 1888 UPTO APRIL 1956

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:06:55 PST

CHAPTER VI.
FORFEITURE OF OCCUPANCIES AND DISPOSAL THEREOF.
[SECTION 54.]

35. Except as provided in the next following Rule, the holding on which an arrear is due shall be declared for¬feited and proceeded against in the first instance unless the defaulter surrenders his personal property and desires it to be first sold or enters into some other arrangement by which the ready recovery of the arrear is insured.

If the holding in respect of which the arrear is due consists of two or more survey numbers or of two or more portions of land or estates separately assessed, and the Deputy Commissioner shall be of opinion that the whole amount of such arrear could be realised by the sale of some one or more only of such numbers, or portions of estates, he may, in his discretion, restrict the forfeiture to such one or more of the said numbers, or portions of estates. Where the forfeiture is intended not for the purpose of sale but for taking possession and otherwise disposing of the holding, the previous sanction of Government shall be obtained in each case.

When a holding which has been forfeited for default in payment of the land revenue due thereupon is not sold, or when the sale proceeds thereof are not sufficient to meet the arrear, the arrear or the balance of arrear payable by the defaulter shall qrdinarily be remitted without having recourse to further compulsory process. But it is not intended that in all such cases the right of recover¬ing arrears or balance of arrears from defaulters by other means should be altogether relinquished. In special cases, the Deputy Commissioner may enforce that right.

36. Inam lands held for village service, revenue or police, or for religious or charitable purposes shall not be declared forfeited and sold, but the Deputy Commis¬sioner shall proceed to realize the demand against the holders by the attachment and sale of their personal and other nioveable property. In the case of unenfranchised inams on whicn arrears may be due, the Deputy Commis¬sioner may, in the event of his failing to recover the arrears by the sale of the defaulter's personal or other immoveable property, obtain the sanction of Government to the inams being declared forfeited and resumed.

37. In the case of an enfranchised alienated holding which has been declared forfeited for the purpose of sale under Section 159, such forfeiture will not operate so as to extinguish the tenure on which the alienation was made by forfeiture, by Government and the property shall be sold as alienated property, and conveyed as such to the purchaser. Provid¬ed, however, that if at such auction the property is bought in by Government, the Deputy Commissioner shall cause the land comprised in the holding to be entered in the records as unoccupied unalienated land.

38. It shall be in the discretion of the Deputy Commissioner to restore any forfeited occupancy or alienated occupancy or holding at any time on payment of the arrear in respect of which the forfeiture was incurred together with * the amount of land revenue in respect of the holding from the date of forfeiture to the date of restoration and * all the said arrear, land revenue, costs and charges within a reasoanable period.

* Amildars and Deputy Amildars may order restora¬tion of khates of lands resumed to Government for want of bidders in all cases in which they have power to resume them, on payment of the arrears together with * the amount of land revenue in respect of the holding from the date of forfeiture to the date of restoration and * all costs and charges lawfully due by the defaulter.

# 39. Every sale of a forfeited holding as such shall be Sale of made subject to the same rules and orders as are applicable to the sale of unoccupied unalienated lands, so far as they are consistent with the provisions of Chapter XI of the Land Revenue Code.

The form of proclamation of sale under this Rule shall be as in Form (3) of Appendix B.

* (Added and amended as per Notification No. R. 4582— L.R. 855-87-5, dated the 2nd— 14th April 1938) and R. 71-83— L.R. 144-40, dated 18th October 1940.
*Rule 38 amended as per Notification No. R. 10— 9253— R. M. 8-55-13, dated 3rd September 1955.
#Amended by G.O. No. R. 1054-63— L.R. 369-4, dated 23rd August 1904.

* 40. "With a view to protect the interests of co-occu¬pants and other persons interested in the continuance of the occupancy or alienated holding as provided for in Section 77, Deputy Commissioners shall give them notice before declaring the occupancy or alienated holding for¬feited, provided they register their names and their interest in a register to be opened in the Taluk Cutchery for the purpose and pay on every application for such registry, a fee of one rupee in the shape of Court Fee Stamps of that value to be affixed to the -application. This proviso shallj not apply to co-occupants who may have their names am shares entered in the records under Rule 75.

The registry thus made shall not give a right to the parties concerned to receive notices under this rule fo; more than five official years beginning with the year o: registry unless a fresh application is made before the expiry of the period and the entry in the Register renewed. No fee will, however, be charged on applications for such renewal.

No fee will be charged on applications made by Co¬operative Societies for entering their names in the Register referred to above:

#Provided that in taluks where a Notification under Section 4 (2) of the Record of Rights Act has issued, the notice contemplated in para 1 shall be issued to all persons whose rights (not being merely rights of easement) have been registered in the Record of Rights, without charging any fee.

* Amended by Notification No. R. 11621—L.R. 523-05-1, dated 7th March 1905.
#Notification No. R. 5324—L.S. 68-83-S, dated 11th April 1984.

CHAPTER VII.

GRANT OF OCCUPANCIES.
[Sections 58, 60 and 233 (h) and (n).]
*41. (a) When unoccupied land is required, a written written application shall be made in person or by duly constituted agent or by post to the Amildar direct provided that, in an intending the last mentioned case, the applicant's full name and address are legibly written and his signature is attested to by the village Shanbhog or a taluk official not inferior in rank to a Revenue Inspector or a Magistrate certifying to the identity of the applicant. Applications may be pre¬sented in person to Revenue Inspectors also. In either case, i.e., when the application is received by the Amildar and sent on to the Revenue Inspector or when it is received by the Revenue Inspector himself, he shall submit to the Amildar a report in Form No. 1 of Appendix D within a week from the date of its receipt by him.

(b) All applications shall be registered in the order in which they are received in a Register which should be maintained in the Taluk Office in Form No. 2 of Appendix D. All correspondence connected with the darkhast shall be noted regularly in the Register which should be always available for inspection by superior officers.

*42. It shall be the duty of every Village Accountant, if so desired by any occupant in. his village or by any person about to become an occupant of land in his village, to prepare applications for land without fee or charge of any kind.
A Village Accountant who prepares such an applica¬tion shall affix his signature beneath the words " written by " on the lower left hand corner of such application.
The Village Officers shall not accept any engagements for lands or make any alteration in the village accounts without the written orders of the Amildar.

*Amended by Notification No. R. 12540—L.R. 384-19-5, dated 30th April 1920 and G.O. No. R. 968-77—L.R. 619-12-2, dated 28th July 1913.

43. *(1) (a) Lands under the control of the Revenue Department specified in clause (e) shall be granted at an upset price to an individual who
(i) is poor; and
(ii) has attained majority; and
(iii) is either a bona fide agriculturist or bona fide intends to cultivate the land; and
(iv) under clause (b) is eligible for the grant to the extent to which he is eligible.
(b) (i) An individual who does not own any land, shall be eligible to the extent of four acres wet or garden land or ten acres of dry land ; and
(ii) an individual who owns less than four acres of wet or garden land or ten acres of dry land shall be eligible to the grant of such extent of land as would make up, together with the land already owned by him, four acres of wet or garden land j or ten acres of dry land.

Explanation : —In this rule,

(i) two acres of wet or garden land shall be deemed to be equivalent to five acres of dry land and vice versa and the equivalent of a lesser area shall be determined in the same proportion ;
(ii) Any extent of rain fed land in the Malnad Taluks specified in rule 87 shall be deemed to be equivalent to the same extent of dry land in other taluks and vice versa.
(c) The powers of the different revenue authorities as regards the grant of land shall be as follows and any grant made in contravention of this clause shall be invalid :
(i) The Amildar may grant not exceeding four acres of dry land or two acres of rain fed wet land, provided the market value of such land does not exceed three hundred rupees ;
(ii) The Sub-Division Officer may grant not exceeding seven acres of dry or five acres of rain-fed wet land or two acres of irrigated wet land or garden land, provided the market value of such land does not exceed seven hundred and fifty rupees ; (*Notification No. R. 5536-46—L, R. 266-55-8, dated 6th July 1955 and E 6— 16328—L. E. 133-54-14, dated 13—18th January 1956.)

(iii) the Deputy Commissioner may grant land not exceeding ten acres of dry land or ten acres rain-fed wet land or four acres of irrigated wet land or garden land provided the market value of such land does not exceed one thousand and five hundred rupees ; where the market value of such land exceeds one thousand and five hundred rupees but does not exceed three thousand rupees, the Deputy Commissioner may grant the land with the previous sanction of the Revenue Commis¬sioner.

(d) In the case of grant of land to persons who are poor belonging to the Scheduled castes and the Scheduled tribes, out of the upset price payable, two hundred rupees may be waived, the balance if any, being payable in
annual instalments not exceeding three.

(e) The provisions of this sub-rule shall be applicable to the grant of the following classes of land, namely,
(i) Released date groves ;
(ii) Released forest lands ;
(iii) Released Amrit Mahal Kavals;
(iv) Excess Gomal lands ;
(v) Assessed waste lands; and
(vi) Hulbanni kharab.

1A (a) Notwithstanding anything contained in sub-rule (1) any person holding land may be granted, for an. upset price, land nearby to the land so held, if such nearby land, is, in the opinion of the authority granting the land required for the better enjoyment of the land so held or for building a farm house or for any agricultural purpose:

Provided that no' grant under this sub-rule shall be made to any person more than once.

(b) The Deputy Commissioner may grant under clause («) up to twenty guntas of wet land or one acre of dry land, provided the market value of such land does not one thousand and five hundred rupees. The Deputy commissioner may, with the previous sanction of the Revenue Commissioner, also grant up to one acre of wet or two acres of dry land, provided the market value of such land does not exceed three thousand rupees.

(2) The " upset price " shall not be arbitrarily fixed but shall represent the actual market value of the land as nearly as it can be ascertained by local enquiries and by the examination of records of sales of similar lands in the neighbourhood, and if necessary, of the registration statistics relating to them.

(3) The Amildar should invariably obtain the orders of his superior officers in regard to the disposal of lands irrigated or likely to be irrigated by large irrigation pro¬jects. The Department of Public Works should, as soon as possible, after any project is taken up for investigation or consideration notify to the Revenue Department either generally or specially, the lands which will be affected by the project.

(4) In all cases of grant of occupancies whether for a price or not, a sum equivalent to the cost of the boundary marks which have been or may have to be constructed on the land shall be invariably collected from the grantees in accordance with instructions issued by Government from time to time. The Deputy Commissioner may waive this charge in cases of extreme poverty of the applicants.

(8) (a) Every grant of land under sub-rule (1) shall be subject to the condition

(i) Where the grant is made free of cost, that the land granted shall not be alienated for a period of fifteen years from the date of the grant; or
(ii) Where the grant is made for an upset price or for reduced upset price, the land granted shall not be alienated for a period of ten years from the date of the grant:

Provided that nothing in this sub-rule shall apply to

(i) the alienation of any land in favour of the Govern¬ment or a co-operative society as security for loans obtained for improvement of the land or for buying cattle or agricultural implements for the culti¬vation of the land ; or

(ii) the leasing of any land by a person who is a widow, a minor or who is subject to physical or mental disability.

(b) If the provisions of clause (a) are contravened the land granted may be summarily resumed by the Government and such land shall vest in the Government free from all encumbrances and neither the grantee nor the alienee, if any, shall be entitled to any compensation.

(9) Lands containing ten or more sandal trees of over 12 inches in girth per acre should be reserved to Government or disposed of only in consultation with the Forest Department.

(10) Lands containing smaller number of such developed trees may be granted for cultivation under the orders of the Deputy Commissioner, who before passing orders should get a complete list of both trees and plants of sandal in the land and consider the desirability or other¬wise of granting the said land keeping in view the intention of Government to reserve all lands containing thick sandal growth.

(11) In special cases, where the land is very valuable or where there is no demand for land from persons eligible for the grant of lands under sub-rule (1), the Deputy Commissioner may, with the previous sanction of the Revenue Commissioner, sell such land by public auction.

(12) Notwithstanding anything contained in the pre¬ceding sub-rules, and subject to the provisions of sub-rule (10), no person shall be granted land exceeding the area to which he is eligible under sub-rule (1), either free or at an upset price or at a reduced upset price, except with the previous sanction of Government.

(13) Where the unoccupied Government land available for being granted for cultivation exceeds twenty-five acres in any village, not less than twenty percent of such land shall be reserved for being granted to persons belonging to the Scheduled castes and the Scheduled Tribes.

(14) In the case of educational institutions approved by the Director of Public Instruction, the Deputy Com¬missioner, may grant lands whether dry or wet, not exceeding ten acres, the market value of which does not exceed one thousand rupees. The Deputy Commissioner, with the previous sanction of the Revenue Commissioner, may grant lands exceeding ten acres but not exceeding twenty-five acres, the market value of which exceeds one thousand rupees but does not exceed two thousand five. hundred rupees. No land exceeding twenty-five hundred rupees shall be granted to any educational insti¬tution without the previous sanction of Government. The grant of land made under this sub-rule shall be subject to the .condition that the land granted shall not be alie¬nated by the grantee and shall be liable to resumption when the recognition to the educational institution is withdrawn by the Director of Public Instruction or when it is put to use for a purpose other than that for which it is granted. The grantee shall execute a bond to abide by the conditions of the grant.

43-A. (1) Where any land has been leased under the " Grow More Food " Scheme to persons belonging to the schedule caste and scheduled tribes, who are poor and the lessee is under the scheme entitled to confirmation of the land on payment of the upset price, the said land may, if an application is made by the lessee in accordance with sub-rule (2), be granted to him by the Deputy commissioner subject to the provisions of sub-rule (3) waiving two-hundred rupees out of the upset price, the balance being payable in annual instalments not exceeding three.

(2) A lessee referred to in sub-rule (1) may apply to the.Deputy Commissioner requesting that the land leased to him may be granted to him arid agreeing to surrender the -lease and to pay the amount payable under sub-rule (1) in the manner indicated therein and to hold the land subject to the conditions specified in sub-rule

(3) (a) Every grant of land under sub-rule (1) shall be subject to the conditions:
(i) where the grant is made free of cost, that the land granted shall not be alienated for a period of fifteen years from the date of the grant; or
(ii) where the grant is made for an upset price, that the land granted shall not be alienated for a period of ten years from the date of the grant; or
(iii.) Provided that nothing in this sub-rule shall apply to : —
(A) the alienation of any land in favour of the State Government or a Co operative Society, as security for loans obtained for improvement of the land or for buying cattle or agricultural implements for the cultivation of the land ; or
(B) the leasing of any land by a person who is a widow, a minor or who is subject to physical or mental disability.

(b) If the provisions of clause (a) are contravened, the land granted may be summarily resumed by the State Government, and such land shall vest in the State Government, free from all encum¬brances, and neither the grantee nor the alienee, if any, shall be entitled to any compensation,

*43-B. (1) Lands under the control of the Revenue Department specified in clause (e) of Rule 43 may also be granted free of cost to a political sufferer who:
(i) is poor; and
(ii) has attained majority; and
(iii) is either a bona fide agriculturist or bona fide intends to cultivate the land ; and
(iv) under sub-rule (2) is eligible for the grant to the extent to which he is eligible.

(2) (i) A political sufferer, who does not own any land, shall be eligible to the grant of land to the extent of four acres of wet or garden land Or ten acres of dry land ;

(ii) A political sufferer, who owns less than four acres of wet or garden land or ten acres of dry land, shall be eligible to the grant of such extent of land as would make up, together with the land owned by him, four acres of wet or garden land or ten acres of dry land.

(3) Subject to the provisions of sub-rule (2), the lands specified in clause (e) of Rule 43 may also be granted at an upset price to a political sufferer, who :

(i) has attained majority and
(ii) is either a bona fide agriculturist or bona fide intends to cultivate the land.

*Notification No. R.6—16353—L. R. 11-55-89, dated 23rd January 1956.

JAMABANDHI - GOVERNMENT ORDERS, CIRCULARS AND RULES OF MYSORE

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:07:43 PST

NOTE: JAMABANDI is a settlement of the amount of revenue assessed upon an estate, a village or district a village or district rent roll; a register of the village holdings; a statement exhibiting the particulars of the public revenue its amount, and how assessed; annual settlement or revenue with cultivators or ryotwari settlement an annual statement, modified according to the circumstances under which the revenue is paid whether by individuals or communities, and whether to a zamindar or to the government.

(iv) Disposal of Takrar Taktas, Darkhasts and Razinamas.—The matter should be disposed of on their merits. The number of darkhasts and razinamas pending disposal at the end of the year should be noted in the detail, viz., the number received and disposed of and balance. The disposal of takrar taktas and darkhasts of a special nature must engage the Jamabandi Officer's special attention. A few of the lands resigned may also be inspected to see whether they have been cultivated after relinquishment. (No. 3231-8—R. 1053, dated 17th October 1900, No. 2594-601— R. 654, dated 5th September 1896.)

(v) Analysis of Darkhasts.—Jamabandi Officers will do well to give an analysis of darkhasts under the following heads:- (1) Darkhasts for assessed land. (2) Darkhasts for unassessed land. (3) Darkhasts for Government water. (4) Darkhasts for House sites. It will be also interesting to know, if possible the average time taken for the disposal of each kind of darkhast and also cases in which such applications have been pending for more than six months with reasons for delay. (G.O. No. 14253-666—L.R. 413-0-11, dated 8th May 1906.)

The Jamabandi Officer should inspect the breached tanks during their tours, before the Jamabandi of each year, have a list prepared and grant the remission due, under the rules. (Revenue Commissioner's Circular No. R. Dis. 71—26-27, dated 13th November 1920.)

Regarding the periodical submission of village accounts to the Taluk Keeords, the Amildars, should make sustained and systematic efforts to enforce the rules and Inspecting officers should furnish exact information regarding progress and results in their reports. Discipli¬nary notice stiouid also be taken of any slackness on the part of Shanbhogs. (Revenue Commissioner's Circular No. C. 495—20-21, dated 6th March 1925.)

All conditional grants should be ordered to be brought on the Takrar Takhta and placed with the opinion of the Amildar before the Huzur Jamabandi Otiicer for his orders. (Revenue Commissioner's Circular No. C. 2493—G1. 20-21, dated 19th January 1921.)

It is most convenient to deal with Takrar Taktha cases during Jamabandi. As many cases of Takrar Takhtas as possible should be dealt with during Jamabandi. (Revenue Commissioner's Circular No. D1-Dis. 1246—26-27, dated 12th May 1927.)

The following instructions are issued for the guidance of Jamabandi officers with a view to avoiding inconveni¬ence to people :-

(1) Every officer holding either the Dittam or Huzur Jamabandi should draw up a well-conceived programme indicating the places and dates of Jamabandi camps at least a month before the Jamabandi actually commences and inform the Revenue Inspectors definitely of the exact date, at least ten days before the Jamabandi com¬mences in each Hobli. A copy of the programme should be affixed to the Notice Board of the Taluk Office concerned and in the case of Higher Officer, to the Notice Board of their offices also in addition. (Revenue Commissioner's Circular No. C. 1881—27-38, dated 16th October 1927.)

(2) The Huzur Jamabandi Officers should arrange their programme of inspection should be so arranged so as not to interfere with the Jamabandi work of the Amildars. The Jamabandi Officer should make it a point to commence his work and he should commence not later than twelve noon and; to close it as early as possible, as otherwise villagers who come from distant places once notified will be put to considerable inconvenience. The dates and places once notified should be strictly adhered to. In selecting the Jamabandi camps, due regard should be paid to the convenience of villagers who attend and places which contain facilities for people to stop in case there is a need to do so should be selected. The Jamabandi Officers should be available to the public for a certain time during hours early enough to suit the convenience of the public. Local inspection, etc., should be attended to daily in the mornings and should not be made a ground for commencing or closing the Jamabandi work late in the day. The Deputy Commissioners are requested to see that the above instructions are strictly enforced. All special grants of land should be examined by the officers during Jamabandi, and a paragraph explaining the results of their examination should be embodied in the Jamabandi reports. (Revenue Commissioner's Circular No. D(1) Dis. 1287-29-30, dated 27th November 1929.)

The officers of the Revenue Department are not only responsible for the collection of revenue, important though it is, but are also concerned with the manifold relations existing between Government and the Agri¬cultural as well as non-agricultural classes and they should devote special attention and interest in every activity calculated to improve the moral and material welfare of the rural population. They should invariably enquire into the various ameliorative needs of the villagers in general and depressed classes in particular, during their tours, inspections and Jamabandi. (Revenue Commissioner's Circular No. C. 6504—39-40, dated 11 th May 1940.)

Separate registers should be maintained in respect of lands sanctioned under the special rules to depressed and landless classes and the terms of the grant invariably noted therein and also in the index of lands and the R.R. Registers. The Village officers may be strictly instructed to bring to the notice of the revenue authorities immediately the land granted under the above con¬ditions is sold, alienated or otherwise disposed of, contrary to the conditions of the grant. The mainten¬ance of special registers should be insisted upon not only in the Taluk Offices but also by the Shanbhogues and these should be examined by the Jamabandi, Officers and attested in token to cancel the grants already made, in case it is found that the lands have been alienated or otherwise disposed of. (Revenue Commissioner's Circular No. C. 3591—39-40, dated 12th February 1940.)

The following other items of work should receive the special attention of the Jamabandi Officers: —

(1) All the cases where the village officers are not residing in their firkas should be scrutinized and action taken as per G.O. No. R. 4111-9—L.R. 295-57-3, dated 10th March 1938.
(2) Illiterate patels should be replaced by literate patels.
(3) The Barabaluthi Register should be scrutinized to see if arrangements are made to fill up permanent vacancies as per rules and that acting arrangements are not prolonged unnecessarily.
(4) The Index of Lands should be examined to see if it has been posted up-to-date.
(5) Bakipattis under all items of revenue should be got prepared and scrutinized and recoveries made.
(6) The Revenue Inspector and the Amildar should check the pahani with reference to" "Phada Taktha " arid see that no leakage of revenue is allowed to occur, in respect of all cases of unauthorised cultivation.

GENERAL INSTRUCTIONS FROM 1900 FOR THE SPEEDY DISPOSAL OF DARKHASTS.

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:08:53 PST

(1) Large pendency of darkhasts for land at the close of every year not only causes loss of revenue to Government, but also retards extension of the arable area. Darkhasts should, therefore, receive prompt attention. (G.O. No. R. 11926-75—L.R. 185-18-6, dated 19th March 1919).

(2) As soon as the application for a portion of an unassessed survey number, including gomal survey num¬bers, for which previous sanction has been obtained, is decided by the Deputy Commissioner to be granted, the portion concerned should, on the authority of the Deputy Commissioner, be at once measured and marked off on the field, through the agency of Revenue Inspectors or other taluk officials under the general supervision, if neces¬sary, of the District Surveyor. The assessment should be fixed by the Deputy Commissioner on the basis of survey rates prevailing in neighbouring lands of similar description. The results should be embodied in Form A, Appendix IX, to this Manual. (G.O. No. R. 7486.94—L.R. 294-04-2, dated 18th December 1904).

(3) Applications for portions of assessed survey numbers should be dealt with in precisely the same manner as laid down above, with the exception that, in taluks in which re-survey operations have been completed or are in progress, the sanction of the Superintendent of Land Records must be previously obtained and the rates should be those shown in the akarband for the entire survey numbers. The result under this para should also be entered in the form above referred to.
Note 1.—Sub-Division of assessed survey numbers should be discouraged by encouraging the taking up of the entire survey numbers by two or more persons between them. In such cases, the share of each can be separately recognised and registered in the said form.

2. The above instructions apply to survey numbers of unwieldy size of about double minimum prescribed.

(4) Darkhasts, whether under para (2) or (3) supra, shall be subject to the minima laid down Appendix H, L.R.R., provided that the portion left after in sub-division is riot less than the pi-escribed minima. Their grant will be subject to the final adjustment of boundary lines and assessment by the department of Land Records under clause (a) Rule 30 L.R.R., (for powers of several officers to constitute into separate Survey Numbers of extents falling below the prescribed minima, vide para. . . .in Chapter IX).

(5) Form A referred to above, is designated and maintained as a supplement to the Index of lands (village Form No. I) for each village concerned and can easily be embodied in the remaining village forms.

(6) These directions do not apply to the darkhasts for lands for coffee cultivation.

(7) The form should be filled up retrospectively to include all darkhasts in which cultivation permits have been granted, but which have not as yet been given effect to in the akarband. Upon a part survey number being measured and demarcated by the Department of Land Records and brought on to the akarband, it should be struck off the form, an entry to that effect being made in the column of remarks, quoting authority.

(8) No alteration or amplifications whatever should be made on the village map, except by the Depart¬ment of Land Records. For illustrating the sub-divisions provisionally effected, extracts of the survey numbers should be taken by tracing them on thin paper and pasting this on thick paper, the sub-divisions being indicated on the extracts with red ink. (G.O. No. R. 3829.68—L.R, 89-16-i, dated llth October 1917 ; R. 12540—L.R. 384-19.5, dated 30th April 1920).

(9) Unassessed lands and lands specially reserved or assigned for any public, communal or municipal pur¬pose under section 39 L.R.C., e.g., gomal, date reserve, village forest, State Forest, etc.
(a) Lands in the vicinity of railway stations with¬in, the limits prescribed by rule 52. (M Lands containing valuable fruit or trees or wells or buildings.
other

(10) Necessary entries are made in the Index of lands (formerly Khetewar Patrike) at the time of survey settlement, in the case of almost all lands falling under classes (a) and -(b). If this has not been done, the omission should be made good at once by reference to Faisal Patrika, and the village map. As regards the other classes of lands, the Amildar should cause the entries to be made from time to time, as the cases come to his notice, during the cource of inspection, or as orders are received from higher officers.
(11) In order to determine whether a particular darkhast should be dealt with according to the general rule of free grant, or otherwise, reference should be made to the Index of lands, and if that document does not furnish the necessary data, the darkhast should be for¬warded to the Village Officers for furnishing a memoran¬dum in the prescribed printed forms (Appendix D.L.R.R.) not later than a week from the receipt of the requisition.

(12) Applicants should present their darkhasts in the first instance to the Revenue Inspector who will transmit them within a week to the Amildar for orders with the prescribed memorandum. Darkhasts for unassessed lands for which there is a keen demand should not be rejected merely on the ground that assessed lands are available, but should be considered and disposed of on their merits. (G.O. No. R. 7310-7364—L.R. 411-24-1, dated, Camp Mysore, 8th June 1925). The revised form of particulars to be furnished in dealing with the darkhast applications is prescribed in Revenue Secretary's letter No. R1.-15971, dated 8th January 1955.

LEVY OF FEES FOR PHODING IN THE CASE OF LANDS DISPOSED OF UNDER RULE 43 OF THE L.R. RULES.

(13) (a) Fees for phoding in the case of lands dis¬posed of under Land Revenue Rule 43 will be on the following scale. (G.O. No. R. 7341-51—L.R. 670-28-46, dated 12th May 1930; R. 144-57—L.S. 17-51-4, dated 4th April 1953).
(i) In respect of all dry lands Rs. 20 per survey number.
(ii) In respect of all wet and garden lands Rs. 24 per survey number.
(iii) For Coffee, Tea and Cardamom lands.
(a) When the area is 30 acres or less, Rs. 40 per survey number.
(b) When the area exceeds 30 acres Rs. 50 per survey number.

Saguvali chits may be issued if the grantee executes a mutchalika in the presence of the Amildar to put up boundary marks, etc., at his own cost and if he fails to do so he must agree to the recovery of phodi fees at the rates specified above. (G.O. No. 7895-907—-L.S. 1-53-96, dated 3rd October 1954).

GRANT OF LANDS TO DEPRESSED CLASSES.

(14)
(1) Rules in respect of the grant of lands to depressed classes are governed by Rule 43 of the Rules under the Land Revenue Code.
(2) In addition, the .lands referred to below may also be granted :
(3) Lands out of date reserve lists thrown open for cultivation may be given to applicants of the land¬less and depressed classes on the conditions approved for the grant of lands out of amrut mahal kavals to these classes ordered in Government Order N.R. 2378-88—L.R. 92-22-16, dated 23rd November 1922. (G.O. No. R. 3385-94—L.R. 92-23-93, dated 6th December 1926)

MALKI VALUE.

(15) (i) In cases where the upset price of the land goes far beyond Rs. 100 by reason of the existence of valuable malki on it, and the grantee cannot afford to pay the value of the malki standing on the land, the malki may be disposed of separately in open sale and the land without it may be granted to the depresed class applicants under the concession rule applicable to them. (G.O. No. R. 3472-89—L.R. 311-40-4, dated 18th November 1940).

(ii) The above concessions are extended to the cases of poor persons of other communities also. (GO No. R. 6-19076-87—L.R. 469-94-38, dated 22nd March 1955).

(iii) Twenty per cent of the released kavals in the State should be reserved for disposal to the applicants belonging to Depressed Classes. (G.O. No. R, 859-24—L.R, 321-54.6, dated 10—llth September 1954).

(16) The rules relating to the grant of lands to Depressed Class applicants are applicable to grant of lands for coffee and cardamom cultivation. (G.O. No. R. 11292-96—L.R. 396-54-2, dated 30th October 1954).

GRANT OF LAND TO POLITICAL SUFFERERS.

(i) The Deputy Commissioners of Districts are empowered to grant lands to Political Sufferers up to a limit of five acres of dry or three acres of wet lands.
(G.O. No. R, 14322-33—L.R. 226-53-8, dated 9th December 1953).

(ii) The Revenue Commissioner is empowered to sanction ten acres of dry land or five acres of wet land to political sufferers free of cost or for upset price. (G.O. No. R. 6-18887-97—L.R. 251-54-12, dated 11—12th March 1955).

(iii) Ten per cent of the surrendered Amrit Mahal Kaval lands should be reserved for being_ granted to political sufferers. (G.O. No. R, 859-24—L.R. 321-54-4, dated 10—ll th September 1954).

CATEGORY OF LANDS WHERE PRECAUTION IS TAKEN IN LAND GRANTS:-

No grant of lands of the marginally noted categories should be made merely on application and in every case including those under Grow More Food Scheme, the procedure prescribed in chapter VII of Land Revenue Rules should invariably be followed such as the completion of the Darkhast memorandum in the pres¬cribed form, drawing up mahazar in the village after due publicity and consultation with the Departments con¬cerned such as Public Works Department, etc. (R.C.'s Circular No. C3-1893—52-53, dated 8th December 1952).

(i) Lands within 50 feet of full water level of tanks, beds of tanks, breached, abandoned or in action,
(ii) Thopes,
(iii) Plots containing a khatte and land within a 100 yards of a khatte
(iv) Voni,
(v) Areas adjoining or containing feeder hallas,
(vi) Gomal, when gomal is inadequate or just sufficient.

RULES REGARDING UPSET PRICE IN MYSORE AREA DURING UPTO 1960’S

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:09:20 PST

(1) The manner of fixing the upset price is laid down in Rule 43(2).

(2) The Revenue Commissioner will fix a table of upset price in consultation with the Deputy Commis¬sioners in respect of each taluk or hobli and report the fact to Government. (G.O. No. R. 7892-901—L.R. 266-53-3, dated 10th August 1953).

(3) The table of upset prices of land fixed by the Revenue Commissioner should be taken only as a guide and the Deputy Commissioners and other local officers should exercise their discretion in fixing the upset price keeping in view the fertility of the soil and the locality. The Deputy Commissioner and other local officers are further instructed not to enhance at the time of confirmation the upset price of lands fixed at the time of grant of land under Grow More Food Scheme except in cases of fraud, collusion or in cases where the lessees have not fulfilled the terms of lease grant. (Letter No. R. 5-15570—L.R. 469-54-2, dated 6th January 1955 from the Revenue Secretary to Government).

(4) The table of Upset prices is only a gujde and not a list which should be blindly adhered to. It is im¬pressed on the local officers that as far as possible in each case they should use their discretion and if in any case it is felt that the upset price according to the table of upset prices is either low or high they should not hesitate to state the fact and make suitable recommendations. Now that the prices of lands are at the downward trend, the Deputy Commissioners of Districts and Local Revenue Officers are directed to note that the upset prices as per table of upset prices must be considered to have been reduced by up to 50 per cent and the valuation of the upset prices adopted accordingly. The several circulars issued from time to time and the instructions issued by Government in their Letter of the 6th January 1955 referred to above and enclosed to this circular, should be sufficient guide to the local officers not to make any mistake in the matter of fixing up upset prices of lands. It is further emphasized that in case of the landless bona fide agriculturists, a, point should be stretched in their favour. Lilt (R. C's. Circular No. Cl 1-2453 and R.M.P.R. 8—54-55, dated 1st February 1955).

(5) Upset price should be levied on phut kharab, included in the lands, applied for coffee cultivation except where it is useless to the applicant, being deducted from the survey number on account of public roads, pathways, etc. If the extent of phut kharab is large the same should be excluded entirely from the land applied for, if it can be separated; but if the applicant chooses to have it included in the land he should pay upset price therefor unless it happens to be a public road, etc. (G.O. No. 1587-95—L.R. 608, dated llth August 1896).

(6) By way of cross check on the valuation of lands by the Revenue Inspectors and village officers, it would be necessary to collect figures under registered documents from the Sub-Registry office which give a fairly correct idea of the valuation of the land in different localities of the Taluk. This information should also be kept upto-date and referred to, while fixing the upset price of lands. Similarly the Land Acquisition Officers may be asked to furnish from the awards passed by them, the valuation fixed for the different categories of lands, from time to time, in the case of valuable lands like tank-bedSj aban¬doned kaval, etc., the valuation should be done with greater care and scrutiny. (R. C's. Circular No. R. Dis. C. 3-168S—52-53, dated l»th November 1952).
As regards malki its value should bear some relation to current market rates, for the corresponding timber or wood and in the case of trees of reserved kind the pres¬cribed rules of valuation under the forest, excise and revenue codes with references to girth, height, age and time value should be directly adhered to.

The upset price to be levied on Service Inam Lands whose Inam Tenure is cancelled due to non-perform¬ance of such services.

(7) An upset price equal to 20 years difference between the assessment and jodi may be recovered and confirmed to the present holders of all service inam lands whose inam tenure is cancelled on the grounds that the services have become unnecessary or are not being performed, (G.O. No. R. 7780—L.R. 401-42-2, dated 10th March 1943).

Upset price on Lands granted to Adikarnataka Colonies.

(8) The Revenue Commissioner is empowered to waive the recovery of upset price up to a limit of Rs. 250 on lands required for Adikarnataka colonies or for extention of villages for housing Adikarnatakas and other depressed class people. (G.O. No. R. 2811-21—L.R. 223-43-2, dated 16th November 1943) .

THE MOST MIS-UNDERSTOOD AND MIS-INTERPRETED HISTORY OF LAND GRANT IN KARNATAKA

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:09:20 PST

Save as provided in rule 43 as amended by this notifi¬cation, all standing orders and rules in force relating to the grant of unoccupied lands shall stand repealed from 6th August 1953 the date of publication of this notifica-tion, in the Mysore Gazette, provided that nothing in rule 43 as amended shall affect the grant of any land made in conformity with standing orders and rules prior to the said date and provided further that nothing in rule 43 as amended shall affect the grant of land already made or to be made hereafter for the purposes and in accordance with the terms specified in appendices N. P. and Q to the rules under the Land Revenue Code. (Notification No. R. 7594-60—L.R. 266-53-2, dated 4th August 1953).

Note.—Rule 43 of the Rules under the Land Revenue Code was amended by Government in their Order No. R. 7594-6C4—L.R. 266-53-2, dated 4th August 1953, Till then all lands which were the property of Government were being normally disposed of by sale. But in view of the need to see that landless agriculturists were able to obtain easily Government land for cultivation, this rule was amended and according to this rule Government land in future will ordinarily be granted for cultivation for an upset price only to those who are landless or who own less than five acres of dry or two acres of wet land. Sanction of Government will have to be obtained in all cases where land has to be granted" for upset price for persons who own more than five acres of dry land or two acres of wet land. Government however reserve the powers to deligate these powers to subordinate officers. For the guidance of the local officers, the Revenue Commissioner will fix a table of upset price in consultation with the Deputy Commis¬sioners in respect of each taluk .or hobli and report the fact to Government for information. These orders and rules will not affect grants already made in conformity with the Rules and standing orders in force. (G.O. No. R, 7892-901—L.R. 266-53-3, dated 10th August 1953).

RULES FOR THE GRANT OF LAND AS A REWARD FOR MILITARY SERVICE.

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:09:20 PST

(1) The grant of land is in addition to pension, if any, earned by the individual. It must be under¬stood, however, that the grant of land being a bounty from Government, no person can claim it as of right. (No. G. 5292-348— Mily. 53-30-2, dated 17th November 1930).
(2) These concessions will not apply to persons who retired prior to the issue of the Military Settlement Order of 1917, unless they have rendered Field Service during the first world war.
(3) Men who take their discharge voluntarily will not also be entitled to these concessions unless they have rendered field service.
(4) The cases of those who are entitled to land-grant under the order of 1917 but have not yet been granted lands should be dealt with under these rules.
(5) The Commandant of the Regiment may, immediately before or after the retirement of a soldier, or after the death of a soldier or at other time when an application is received and a grant is due under these rules, make a recommendation to the Chief Commandant for the grant of lands to the soldier or his family as the case may be. If the soldier is eligible for the grant of land and the Chief Commandant is of opinion that, in consideration of the soldier's exemplary and distinguished conduct while on field service or an account of the injuries received in action or exemplary or distinguished services in peace time, the concession may be shown to him, the Chief Commandant will submit his recommendation to Government,
(6) In cases under Clause (i) of Rule 8, the recommendation may be sent up as soon as an applicant becomes eligible for the concession without waiting for his retirement. Full information should be given when making the recommendation to enable Government to decide the case on its merits.
(7) Applications for actual allotment of land sanctioned to awardees under the M.C. Rules should reach the Revenue Commissioner in Mysore, Bangalore, within a period of one year from the date of this Govern¬ment Order in respect of all old cases and within one year from the date of the Government Order awarding the land in respect of award passed heareafter, failing which the award will be treated as inoperative with the proviso that Government will, however, reserve the right to relax the rule for any genuine cases of hardship. (G.O. No. H. B. 6924-40—Mily. 8-53-41, dated 4th December 1953).

FIELD AND PEACE SERVICE-EXEMPLARY.

(8) For purposes of these rules the term " Exem¬plary Military Service " shall mean : —
(i) Devotion to duty or other acts of gallantry, conspicuous acts of bravery in the Field and shall include cases of injuries received in action.
(ii) Continuance in service for 15 years with field service.
(iii) Exceptionally distinguished and exemplary service during pease time for a period qualifying for full pension or in special case on retirement after a period of 15 years of completed service.
(iv) Also any other act deserving special notice and worthy of a suitable reward at the pleasure of Govern¬ment. (G.O. No. 9190-2—Mily. 20-50-46, dated 2nd January 1951).

(9). The extent of land to be granted under these rules to a soldier or his family shall not exceed the follow¬ing scale from wet or dry lands :- Commandants 20 or 45 acres, Risaldars and Subedars 12 or 30 acres, Jamedars 8 or 20, Non-Commissioned Officers of and above the rank of Duffedars or Havildars 5 or 15 acres, Other ranks 3 or 8 acres.

Note. (i) The extents noted above are the maximum which should be granted in rare cases. But in cases of extraordinary distinguished service in the field even this maximum extent may be exceeded. In cases of men killed in action their families may be granted lands on a scale which is 50 per cent in excess of what the deceased men would have been entitled to, had they lived to apply for the grant.
(ii) Cases under clauses (ii) and (iii) of Rule 8 will be eligible for the grant of lands up to 50 per cent of the extent mentioned in Rule 9 above. Recommendation rolls furnished under Clause (iii) of Rule 8 should be accompanied with a certifi¬cate from the commandants that the service rendered were distin¬guished and exemplary.
(iii) The Medical Officers, Veterinary Officers and Hospital servants of the several Units still serving who have been on field service for not less than six months and have rendered exemplary service will be eligible to the same extent as is admissible to Military Officers of corresponding rank and to followers, respec¬tively.
(iv) Non-Combatants such as clerks, followers, etc., of the Mysore units who have been to the front and rendered exemplary service for not less than six months may be given the benefit of the land reward under the rules, the extent admissible being half of what is admissible to Combatants under Rule 9. The clerks should be considered equal to that class of combatants drawing similar pay in the field and followers, to other ranks.
(v) Clerks who have rendered exemplary Depot Service during the war will be eligible for the concession. Their service iu the Depot will count as half-war service and the scale is as men¬tioned in Rule 10 below ;

FIELD SERVICE NON-EXEMPLARY.

(10) Retired Officers and men who rendered Held service without any distinction will be entitled to land grants on the following scale : —
For a field service of 5 years and 4 months—Full extent admissible to the respective ranks according to Rule 9 above.

For a field service of 3 .years 'and under 5 years and 4 months.—Three-fourths extent admissible to the respective ranks according to Rule 9 above.

For a field service of one year and under three years : —Half the extent admissible to the respective ranks according to Rule 9 above.

For a field service of less than one year : —One acre of wet or 4 acres dry.

(11) The families of deceased officers and men who rendered field service will be entitled to the same concession as they would have got if the deceased had lived and applied for lands under the above rules.

(12) The preliminary enquiry as to the eligibility of a person for the grant of land shall be conducted in the Military Department or in the Kille Kacheri Palace Band or Body Guard Departments according to the Unit to which the individual belongs. After the recommenda¬tion is sanctioned by Government all further action will rest with the Revenue authorities.

(13) Wet and dry lands granted under these rules will be held free of assessment during the first two years in all cases and at the descretion of the Revenue Com¬missioner at half assessment for a further period not " exceeding three years. Full assessment will be payable from the sixth year onwards in all cases.

(14) The lands granted under these rules shall not be sold, mortgaged or otherwise alienated within a period of fifteen years from the date of grant. This rule will be applicable to individuals who become entitled to grant of lands hereafter. No person already in posses¬sion of lands under the rules in force so far or the heirs or assigns of such person will be deprived of them or of any concession already granted to them so long as the condition of the grants is fulfilled.

(15). Persons who become entitled to the grant of land under these rules may apply for unoccupied assessed and unassessed lands available for cultivation to the extent admissible in any locality selected by them except under the Krishnaraja Sagara and in other areas that may be notified by Government from time to time.

N.B.—The reservation of lands for grants under these rules ordered in Government Orders Nos. G. 3512-15—Mily. 172-15-17 and G. 19630-40—Mily. 274-20-2, dated the 12th September 1917. and 15th April 1921, respectively, has been cancelled.

(16) The value of lands given free of cost under these rules shall not exceed Rs. 350 per acre in the case of wet lands and Rs. 150 per acre in the case of dry lands. In cases where the estimated value of the land applied for exceeds the value limit prescribed above, the extent to be granted may be correspondingly reduced, to keep the grant within the money limit prescribed. (P. 405-15—Mily. 260-45-2, dated 29th July 1946).

(17) The Deputy Commissioners of Districts will maintain lists of persons to whom land grants have been sanctioned or may hereafter be sanctioned in their dis¬tricts under these rules. They should also instruct the Amildars that whenever applications for the grant of lands sanctioned are forwarded to them for making the neces¬sary assignment or allotment to the party concerned, they should furnish a report to the effect that the allot¬ment has been made and that the condition of the inaliena¬bility of the land for fifteen years is entered in the Khetwar Patrike (Index of Lands) and in the Saguvali Chits. Applications from Military men for lands are expected to be disposed of promptly. For the speedy disposal of cases of land grants, the Chief Commandant, may depute one of his officers to interview the Deputy Commissioners of Districts periodically for facilitating the disposal of pending applications.

A consolidated list of persons, to whom land grants have been sanctioned under these rules will be maintained in the office of the Revenue Commissioner.

The above scheme is extended to the personnel who join the State Forces of Mysore after 1st April 1950 and to the personnel who have entered the Mysore Forces Services prior to 1st April 1950 but who are to retire after 1st April 1950.

Note. — For further details the original G.O. in extenso may be referred.

(18) Lands in the Irwin Canal area may also be granted to Military applicants entitled to land grants under the Military concession rules, subject to the condi¬tion that the lands should be brought under cultivation immediately after they are granted. (R. 7461-73— L.R. 400-41-3, dated 21st May 1942).

LANDS UNDER THE ABOVE RULES MAY BE GRANTED TO THE PERSONNEL OF THE INDIAN ARMY UNDER THE FOLLOWING CONDITIONS : (H.B. 4383-44-02— Mily. 3-554-46, dated 18th September 1954).

(a) Mysoreans who belong to the Indian Army and who have served in the last war may be granted the concessions now shown to the Mysore Army Personnel, if they have served in the Indian Army for over 3 years and put in a field service for one year or more.

(b) The person to be eligible for concession must have been in Mysore State for at least 10 years prior to enlistment and must be now a permanent resident of Mysore State. The concession given to Indian Army Military Personnel will cease after the present batch is awarded lands as proposed above.

RULES FOR THE GRANT OF LAND TO INDIAN ARMY PERSONNEL.

(1) All applications for grant of land under Government Order dated 18th September 1954 will be received by the Secretary, Bangalore Soldiers', Sailors' and Airmen's Board in the first instance and he will be the recommending authority to this Government.(G.O. No. H.B. 8468-87—Mily. 3-54-68, dated 6th January 1955).
(2) The recommendation of the Secretary, Ban¬galore Soldiers', Sailors' and Airmen's Board to Govern¬ment will be accompanied by a roll containing particulars of individuals as appended to this order.

(3) The concessions extended in the Government Order dated 18th September 1954 will apply to Ex-Indian Army personnel and will not be extended to Ex-Navy and Air Force personnel residing in Mysore State and they will not also apply to Indian Army personnel who are now in service.

(4) The Ex-Indian Army personnel will be entitled to lands as per scale indicated in para 10 of the Govern¬ment Order dated 17th November 1930, with the proviso that the word " Commandant " occurring in Government Order dated 17th November 1930 includes Officers in Indian Army like Lieutenant, Captain, Major, etc.

(5) In the roll of recommendation to be forwarded by the Secretary, only the extent of wet lands or dry lands should be indicated unless the applicant is aware of any particular survey number in which the land is vacant and available for Military personnel.

(6) The Revenue Commissioner in Mysore, Ban¬galore is requested to maintain separate records regarding the grant of lands to Ex-Indian Army personnel as distinct from the grant of land to Ex-Servicemen of the former Mysore Forces and the Non-I.S.F. Units.

(1) The personnel of the Second Battalion, Mysore Infantry who went for the service ex-state at that time would be entitled to free grant of lands counting their service ex-state as equal to half field service. (G.O. No. A.F. 1952-63—Mily. 276-44-3, dated 18th October 1945).

(2) Honorary Jamedars may be granted 6 acres wet or 15 acres of dry land if they have rendered field service or 50 per cent of this scale if they have not rendered such service. (G.O. No. G. 9340-41—Mily. 220-40-4, dated 16th April 1941).

(3) Private gentlemen who rendered exceptional assistance in recruiting to the Mysore Army will be granted a suitable extent of land to be fixed on the merits of each case and their services are also recognised in other suitable manner. (G.O. No. 9500-10-—220-41-11,. dated 14th March 1942).

(4) The following principle should be adopted in regard to the disposal of lands out of released kavals in the State: — 20 per cent be given to applicants belonging to Scheduled castes. 20 per cent to Military applicants. 10 per cent to Political sufferers. 50 per cent to bona fide agriculturists who are cither landless or insufficient holders. (G.O. No. R. 8519-24—L.R. 321-54-4, dated 10—llth September 1954).

(5) The entire personnel of units ex-state are allowed 50 per cent concession of land grant, free of cost as in the case of the personnel of the Second Battalion who served ex-state in terms of Government Order read above, subject to modification in case the role of any unit is changed for active service. (P. 2278-88—Mily. 1-48-2, dated 12th August 1948).

RULES AS TO RELINQUISHMENT OF LANDS IN FORMER STATE OF MYSORE.

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:09:20 PST

Statutory Provisions : —
An occupant may, by giving written notice to the Amildar or Deputy Amildar, relinquish his occupancy, either absolutely or in favour of, a specified person ; provided that such relinquishment apply to the entire occu¬pancy or to whole survey numbers, or recognised shares of survey numbers. An occupancy absolutely relinquished shall be at the disposal of Government, and shall be disposed of by the Deputy Commissioner in accordance with such rules as may, from time to time be framed by Government in that behalf.

An absolute relinquishment "shall, unless otherwise directed by any special or general rules framed by Govern¬ment, be deemed to have effect from the close of the current revenue year, and notice thereof must be given before the 31st March in such year, or before such other date as may be, from time to time, prescribed in this behalf for each district by the Government. A relinq-quishment in favour of a specified person may be made at any time.

When there are more occupants than one, the notice of relinquishment must be given by the registered occu¬pant ; and the person, if any, in whose favour an occu¬pancy is relinquished, or, if such occupancy is relinquished in favour of more persons than one, the principal of such persons, must enter into a written agreement to become the registered occupant, and his name shall thereupon be substituted in the records for that of the previous regis-tered occupant.

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

The provisions of the last two sections shall apply as far as may be, to the holders of alienated land :

Provided :

(a) That it shall not be lawful to relinquish as aforesaid any portion of any land held wholly or partially exempt under the circumstances described in the first paragraph of Section 49 until the commuted assessment payable in respect of such portion of land has been deter¬mined under the provisions of the said section ; and
(b) that if any person relinquishes land on which, under the circumstances described in Section 49, a larger revenue is levied than would ordinarily be leviable on such land, he shall be deemed to have relinquished also the land held with it which is wholly or partially exempt from payment of revenue.
If any person relinquishes land the way to which lies through other land which he retains the right of way through the land so retained shall continue to the future holder of the land relinquished.

Nothing in sections 72 and 73 shall affect :-

(a) the responsibility of any share in a village for the land revenue of which the shares are all, according to law or the custom of the village, jointly responsible or.
(b) the validity of the terms or conditions of any lease or other express instruments under which land is or may hereafter be, held from Government.

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

The written notice of absolute relinquishments of an occupancy, required by Section 71 of the Land Revenue Code to be given to the Amildar or Deputy Amildar, shall be in the form of Appendix F, and shall be given before the 31st March in the current revenue year. Such relin¬quishment shall have effect from the 1st April in such year, provided that Vaishaki crops, if any, on lands thus relinquished, may be removed by the owner before the close of such year. In the year of Survey Settlement, however, whether original or revision such relinquishment may be received up to the end of June of the year of such settlement.

The written notice of relinquishment of an occupancy by the registered occupant in favour of one or more persons, and the agreement to be entered into by such persons or the principal of such persons, shall be in the form of
Appendix G.

Except as provided in the next following Rule, every notice and every agreement given under the last two rules shall be endorsed by any two respectable witnesses to the effect prescribed below each of the said forms, and the Amildar or Deputy Amildar who receives any such notice or agreement, will be held responsible for exercising due care in ascertaining the identity of the person who has signed the same notwithstanding that such notice or agreement has been duly endorsed as herein¬before required.

If the land has been transferred to the person in whose favour the relinquishment is made by a registered deed of conveyance or any other kind of instrument transferring the occupancy of the land, both the notice and agreement above referred to may be executed before the Registrar or Sub-Registrar registering the documents, who shall attest and then forward the same to the Amildar or Deputy Amildar in order that may be given effect to at once so far as the particulars of holding are found to be correct. In such a case, they need not be endorsed by any other witness.

All notices and all agreements received under Rule 64 or Rule 65 shall be kept in separate files in the records of the Amildar or Deputy Amildar.

It shall be the duty of every village accountant, if so desired by any occupant in his village or by any person in whose favour land is about to be relinquished by any occupant in his village, to prepare any notice or any agreement that may be necessary under Rule 64 ov Rule 65 without fee or charge of any kind.

A village accountant who prepares any such notice or agreements shall affix his signature beneath the words " written by " on the lower left hand corner thereof.

(1) Rajinama (relinquishment) in favour of another may be withdrawn, before the issue of a patta. that is, before the rajinama is acted upon. (Appeal No. 155 of 1890-91), (Decisions dated 18th April 1891.)

(2) In order to safeguard the interests of persons other than the registered occupant, no absolute relinquish¬ment should be accepted, without notice to the persons interested in the land and who have got their names registered in the Special Notice Register. The mere issue of this notice does not, however, affect any legal rights of other parties, or give any claim ipso facto to the persons receiving notice to have their names substi¬tuted in place of the registered occupant. (GO No. R. 6598-97—L.R. 262-08-1, dated 25th February 1909).

RELINQUISHED COFFEE LANDS.

The case of relinquished coffee lands continues to be governed by rule 6-A of Appendix E. L.R.R., even though the lands may be overgrown with lantana, and the disposal of the same vests with the Revenue Commis¬sioner. (G.O. No. R. 10791-9—L.R. 280-19-2, dated 18th March 1920).

RELINQUISHMENTS OF LANDS ON WHICH ARREARS ARE DUE.

Relinquishment of a land does not exonerate an occupant from the payment of the arrears which have already accrued thereon and may be accepted, if the accepting officer is satisfied that the security of the land possessing a saleable value fo rthe recovery of the arrears is not thereby lost. The relinquisher's other property is liable for the arrears and where he is an insolvent and the land is not valuable, relinquishments may be accepted and the land thrown open to others for cultivation. (G.O. No. 1334—R. 27, dated 12th May 1897).

VARGARAZINAMA (RELINQUISHMENT IN FAVOUR OF ANOTHER).

(3) An Amildar or Deputy Amildar of one taluk may take action on a notice of relinquishment of land presented to, and forwarded by, the Amildar or Deputy Amildar of another taluk within whose jurisdiction the land is situated. The Amildar or Deputy Amildar who is responsible for the disposal of the notice should exercise due care to satisfy himself thoroughly about the identity .of persons giving the notice, before he gives effect to it. (G.O. No. R. 2237-45—L.R. 260-12-2, dated 10th September 1913).

DATE GROVES. OR SHENDI VANA LAND GRANTS AND ITS RULES IN MYSORE STATE

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:09:20 PST

(i) The general rules given elsewhere should be carefully observed in respect of lands situated in date groves. The Excise Commissioner should issue suitable instructions to District Excise Officers to see that refe¬rences from Revenue Officers on this subject are promptly replied to. A time limit not exceeding two months may be fixed within which such references should be disposed of. Delay requiring notice should be reported for the orders of the Deputy Commissioner. The date reserve lists should be prepared with sufficient care and attention; lands not fit to be reserved for excise purposes, on account of the sparsity of the tree growth or other causes, should not be included in the list.

(ii) Uniform rate of annas eight per date tree should be recovered on all trees standing on lands applied for cultivation granted to bona fide agriculturists. (G.O. No. Fl. 302-70—Ex. 70-39-7, dated 13th July 1940).

(iii) Malki at a uniform rate of annas two per date tree of less than 3 feet in height may be recovered, seed¬lings being left out of account. (G.O. No. Fl. 1145-1200—Ex. 144-40-4, dated 20th August 1941).

(iv) Non tappable date trees may be given to depressed class applicants for building purposes at eight annas per tree. (No. S.R. 3316.92—Ex. 69-47-2, dated 29th March 1948).

(v) When lands are sold or granted on Darkhast, date or other trees should not be reserved. The trees may be granted for upset price put on them or sold out¬right with the land on which they are standing. G.0. No. R. 973-81, dated 23rd August 1901).

(VI)RULES
(1) When an application for land included in the Date Reserve list is received and the Amildar is in favour of the grant of the land (in view of the paucity of suitable lands in the neighbourhood of the locality or for other reasons), the Sub-Division Officer and the Dis¬trict Excise Officer should consult each other, inspect the land, and if they are jointly of opinion that the land may be given out for cultivation, the application should be disposed of under the " Darkhast" rules. (G.O. No. Fl. 1829-38—Ex. 27-28-2, dated 23rd August 1928).

(2) When the Sub-Division Officer and the Dis¬trict Excise Officer disagree, the matter should be referred to the Deputy Commissioner, who, if he agrees with the District Excise Officer that the land ought not to be given out for cultivation, may reject the application subject to appeal to the Revenue Commissioner by the applicant. On the other hand, if the Deputy Commissioner over¬rules the opinion of the District Excise Officer, three months' time should be given to the District Excise Officer to bring the case before the Excise Commissioner with a view to his moving the Government to have the Deputy Commissioner's orders revised by Government, if neces¬sary.

(3) In districts where there are no District Excise Officers, the Amildar should refer the matter to the Excise Inspector of the Range concerned for his opinion. The latter should, after inspecting the land, furnish his opinion to the Sub-Divisional Officer. If the Sub-Divi¬sional Officer, after inspecting the land where necessary, agrees with the opinion of the Excise Inspector that the land may not be given out for cultivation he may return the records to the Range Inspector and permit him to inform the Amildar accordingly. If the Amildar is not satisfied with the Inspector's opinion, he may submit the records to the Sub-Divisional Officer with his further opinion in the matter. If the Sub-Divisional Officer is not even then in favour of granting the land for cultivation he may reject the application. It is then open to the party to the appeal to the Deputy Commissioner.

(4) If the Sub-Division Officer disagrees with the Excise Inspector and is of opinion that the land may be granted for cultivation, he should forward the papers to the Deputy Commissioner. Orders passed by the Deputy Commissioner rejecting the darkhast will be subject to appeal to the Revenue Commissioner.

(5) If on appeal preferred under paras (2) and (4) the Revenue Commissioner is unable to agree with the Deputy Commissioner, the matter should be referred to Government who after consulting the Excise Commis¬sioner, if necessary, will dispose of the case in the best interest of both the Departments.
(6) Ordinarily, in deciding cases under the fore¬going rules, the proved requirements of bona fide culti¬vators shall have precedence over those of Excise Revenue in the case of all assessed lands and vice verm in the case of all unassessed lands.

(7) When a darkhast for land is finally rejected under the foregoing rules, a note to that effect shall be made in the " Index of lands " and all subsequent dar-khasts for the same land shall be summarily rejected for a period of three successive years from the date of rejec¬tion.

GRAZING AND CULTIVATION IN DATE GROVES.

(VII.) (i)' Where there is spontaneous growth of date, in any special tract, cattle grazing must cease and the natural reproduction promoted by the best practicable means. All tract reserved as date groves, should be excluded from hulbanni sales ; but, applications for cut¬ting and removing grass therefrom may be entertained.

(ii) Appreciable empty spaces fit for cultivation available in date groves or tracts may be sub-divided and given out for cultivation when there is a demand for the same. When any grove has been given away for perma¬nent assessment, the Revenue and Excise Officials should see thai the terms of the grant are not in any manner violated.

(VIII.) (a) All the surrendered areas should be inspected. If they contain a very large number of date trees steps may be taken to reserve them as date groves ; if they are portions of tank beds, State Forests, gomal, etc., action may be taken to reserve them as such and the remaining areas classified into arable and unarable. Particulars of unarable areas available in compact blocks not less than 500 acres in extent may be communicated to the Chief Conservator of Forests with a view to an investigation being made as to whether any Forest Plantation is possible in these blocks. As regards the other unarable areas action may be taken wherever pos¬sible to form Village Forests and in other cases the areas may be treated as Kharab. As regards arable areas, the local Revenue Officers may take immediate action for their disposal for cultivation. (G.O. No. R. 1705-16—L.R. 424-28-3, dated 30th August 1929).
(b) With a view to have the date groves thus examined Special Revenue Inspectors may be appointed wherever the areas to be examined are very large.

(c) The Date Reserve lists prepared by the Excise Department should be revised by substituting the revi¬sion survey numbers in place of the old survey numbers mentioned therein. The Revenue Department should intimate to the Excise Department a list of date reserves which are required for cultivation, so that the District Excise Officer and Sub-Division Officer might jointly inspect them and take steps to throw them open for culti-vations, if possible.

HOW LIST OF LANDLESS AND INSUFFICIENT HOLDERS PREPARED BEFORE 1960

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:09:20 PST

The Amildars of Taluks should prepare a list of landless and insufficient landholders villagewise and make it readily available for inspection by the various superior officers of the Revenue Department. Oil the information so made available the Amildar should make an effort to see that arrangements are made to grant land to the landless out of the list maintained in the taluk offices as per this office circular No. Cl-1072—53-54, dated 18th March 1954 and see that every one in his area becomes sufficient holders in 6 months. The same principle may be followed in respect of insufficient holders. When the land that is available is just sufficient to the landless according to the scale of 2 acres of wet or garden or 5 acres of dry land, suitable allotment may be made when the number of insufficient holders and their require¬ments are more than the land available. The Sub-Divi¬sion Officer should visit the village and darw lots and grant land to the maximum number of landless and in¬sufficient holders. When the list of landless and insuffi¬cient land-holders contemplated as above is ready, the Amildar should visit each village, entertain applications for grant of land from the landless and make on the spot grant and thus make an all-out effort to reduce the num¬ber of landless and insufficient holders in his area. A quarterly progress report may be sent for the action so taken, the first quarterly report being sent on the 1st January 1955, allowing the first quarter, viz., months of August, September and October 1954 for preparing the list.

The quarterly report may be sent in the following form :-
(1) Name of the village..
(2) Extent of dry and wet lands available.
(3) Number of landless persons.
(4) Number of insufficient holders.
(5) Extent granted.
(6) Number of landless and insufficient holders after the lands are granted.
(7) Remarks.

(R.C.'s Circular No. R. Dis. Mis. 2—Cl. 338—54-55, dated 7th August 1954).

GOMAL, AND OTHER RESERVED LANDS AND ERSTWHILE LAND GRANT RULES.

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:09:20 PST

(1) Gomal lands or Gobhumi are pasture lands set apart in a village for grazing purposes.

(2) The first step to be taken on receipt of appli¬cations for such lands is to obtain a report from the village officers in the prescribed form and forward the Same to the Sub-Division Officers. No further action need be taken till the necessary permission is received and when it is received, the applications should be dealt within the same way as darkhasts for unassessed lands.

(3) The Sub-Division Officers are empowered to sanction appropriation of lands out of gomal for cultiva¬tion. They are also empowered to cancel the appro¬priation of lands sanctioned by them out of gomal, a report of such cases being sent to the Deputy Commis¬sioner for communication to Superintendent of Land Records. (G.O. No. R. 434-44—L.R. 735-40-2, dated 22nd July 1941).

(4) Darkhasts for an assessed land should not be refused on the ground that the village gomal is not ample. All assessed waste as distinguished from gomal land, set apart for the common pasturage of villages must be given for cultivation, when there is an application for the same. (G.O. No. 3024—P. 59, dated 5th June 1951).

(5) When there is no assessed unoccupied waste land in a village and the extent of gomal land is out of all proportion to the number of cattle, the Deputy Commis¬sioner should investigate the need for arable land for cultivation and take action to throw open as much as is wanted. (G.O. No. 2932-33—R.F. 9-96, dated 15th September 1896).

(6) But applications for small bits of land out of gomal should not be encouraged. (G.O. No. 5415-23—R. 1773, dated 20th December 1897).

(7) When an entire gomal survey number is applied for, and recommended to be granted, the con¬nected village map should invariably be submitted, along with the other papers exhibiting clearly on the map all the gomal and the occupied survey numbers. When a portion of a survey number is recommended to be granted, a sketch map showing the position of the portion applied for should always be submitted, for judging whether the new number, after sub-division, would form a regular compact block. (G.O. No. 7841-8—R. 2566, dated 22nd February 1898; 3377-78—R.F. 9-96, dated 24th September 1896).

(8) Reference should not be made to the Superin¬tendent of Land Records, to assess gomal lands before their alienation is sanctioned by competent authority. (G.O. No. 24070-8—R.F. 6-94, dated 16th June 1895).

(9) The following particulars should be given when gomal or soppinabetta lands are recommended to be granted in the malnad districts :- (G.O. No. 1806—R.F. 1-96, dated 5th April 1897).

(10) (a) The area of existing wet cultivation in the village in which the grant is recommended. (b) The source of irrigation and its capacity with reference to the increased burden proposed to be thrown upon it. (c) Whether the new grant affects in any way the existing wet cultivation.

(11) Sanction accorded for appropriation of any portion of gomal land for cultivation purposes does not imply sanction to the grant of the land to the individual or individuals, on whose application the necessary enquiries are instituted. W7hen such sanction is accorded, the land should be disposed of under the rules for the disposal of Government land, not gomal. (G.O. No. 1787-95—R.F. 38-92, dated 3rd January 1893).

(12) (a) The village cattle on which agriculture chiefly depends should not be deprived of the necessary grazing lands. Before sub-dividing and allotting any gomal lands for cultivation, the Superintendent of Land Records should enquire and satisfy himself that the village cattle will not suffer thereby and that the remaining gomal is sufficient for them. A note to this effect should be made in the settlement records. (G.O. No. R. 3923-32, dated 13th June 1904). (b) The lands thus sub-divided and set apart for cultivation should be disposed of in accordance with Rule 43 L.R.R. The Superintendent of Land Records should refer to the Revenue Department, for disposal of cases where a sale of the right of occupancy is found necessary or desirable.

FORMER RULES FOR THE TEMPORARY GRANT OF GOMAL LANDS FOR GRAM 'CULTIVATION.

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:09:20 PST

(1) Whenever the whole body of raiyats in a village agree to take up a portion of their gomal land for temporary cultivation of gram, they should apply for the same through the patel or some recognised head¬man. G.O. No. R. 9169-78—L.R. 385-06-6, dated 10th April 1907; R. 3938-147—L.R. 201-07-2, dated 27th December 1907).

(2) The application should be prepared in the form given in Appendix S, and the Shanbhog must fill up the particulars required at the instance of the raiyats.

(3) The application should be presented before the Amildars in person by the Villagers or their representa¬tive. The Officer should at once verify the facts con¬tained in the application and submit it with his recom¬mendation for the orders of the Sub-Division Officer. The assessment leviable should also be proposed, and it should be based on the average assessment on dry land in the neighbourhood.

(4) The Sub-Division Officer should scrutinize the application without delay and, if there is no objection, order the grant of land, fixing the assessment to be recovered.

(5) On receipt of orders, the Amildar should grant a temporary saguvali chit in the name of the recognised representative of the villagers who will be liable to pay the assessment imposed thereon : Provided that, where there is not sufficient time for the previous observance of these formalities, the villagers may proceed to occupy and plough the land after presenting the application to the shanbhog and patel for immediate despatch to the taluk and on the express condi¬tion to be stated in the application that they will abide by the orders of the Sub-Division Officer thereon.

(6) The villagers must arrange among themselves for apportioning the area granted for cultivation and the recognised representative may collect the proportionate assessment from the raiyats.

(7) Before the crop is harvested, the assessment imposed under Rule (4) supra should be pfeid up to Government. The Amildar has power to prohibit the removal of the crop before payment of assessment. In case of default the crop may be sold by him, the sale being reported to the Sub-Division Officer within seven days from the date of such sale, for confirmation. When the sale is confirmed, the excess amount realised, if any, over the assessment due, may be made over, after notice to the villagers, to their representative. Should there be a deficiency, the amount of assessment still due may be ordered to be remitted by the Deputy Commis¬sioner.

(8) The sanctioning officers must observe the following instructions : —
(a) The area of land granted for cultivation in any particular year should lie fallow during the next two years. This has to be arranged for by dividing the whole gomal of a village into three distinct plots and granting one plot each year, so that by rotation each plot will be brought under cultivation every third year.
(b) The crop to be sown must invariably be confined to gram.
(c) Cultivation should on no account be allowed where it would lead to the destruction of scrub jungles or seedling of trees.

(9) Darkhast records should not unnecessarily be referred to the Revenue Inspectors, and the taluk offices, should keep proper statistics. The darkhast record should be sent to the Revenue Inspector not as a matter of course, but only when there is absolute need to send the same. For example, there will be no need to call for any report if the darkhast is for a tank bed or for gomal where the gomal is inadequate and such darkhast should be rejected then and there only and the parties appraised to apply for some other land.

(10). In order to enable the Amildar to pay which darkhast petition should be sent to the Revenue Inspector and should be rejected summarily. Three lists of villages should be maintained as follows : — (R.C.'s Circular No. P.C. 50—53-54, dated 23rd January 1954) .
(1) List of villages where gomal is adequate.
(2) List of villages where gomal is inadequate
(3) List of villages where there is adequate date groves and hulbani kharab available for grant though gomal may be adequate or inadequate.

(11) The Lists should be complied with reference to the previous years khanishumari or cattle census and index of lands or Jamabandi gowshwar or banjar takte, ……………………….. The list should be referred to invariably before sending any darkhast application to the Revenue Inspector for report.

(12) Insufficiency of land for the village cattle, a large extent of assessed land already existing, the exist¬ence of hallas and established path ways through the land should, as a rule be taken as details arguing against, on application and any special reason that may be advanced as an argument in favour of it should be weighed against the reason for the general rules, before the appli¬cation is disposed of. (R.C.'s Circular No. 2991-8, dated 18th—23rd September 1912).

(13) In many cases lands have been given out of gomal kharab, etc., far beyond the limits of the hiduvali lands and away in the interior of big unoccupied survey numbers. Such grants invariably afford scope for en-croachments on the surrounding Government lands either clandestinely or open, according to circumstances. The officers authorised to sanction the appropriation of land for agricultural purposes out of these should see that the formation of such islets of occupied lands in the midst of Government lands are discouraged as far as possible except in rare cases where really good plots are not available in the vicinity of cultivated lands. (R.C.'s Circular No. C-3701—28-29, dated 28th July 1929).

(14). Vonis, topes, kattes, etc., should not be disposed for cultivation unless the appropriation of these lands for agricultural purposes have been sanctioned by Competent authority.

(15) As the rearing of sheep and goats are as much in the interests of the agricultural population of a village as cattle, the practice obtaining in many places of taking 4 heads of sheep or goats as equivalent to one big horned cattle, while calculating the number of cattle in a village for which gomal has to be allowed may be continued. (R.C.'s Circular No. R. Dis. 25—28-29, dated 7th September 1928).

GRANT OF LANDS ADJACENT TO FOREST AREA

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:09:20 PST

(1). It is irregular to grant lands out of the State forest without getting the area disafforested in the first instance. A margin of 5 chains or 110 yards should be maintained between the forest boundary and the margin of cultivated area and on no account should this reserve be curtailed in their enthusiasm to grant lands under Grow More Food Scheme. The practice of granting lands out of Forest area, which is not surrendered by the Forest Department should cease. (R.C.'s Circular No. R. Dis. Cl-1705—51-52, dated 6th November 1951).

(2). In order to present the inadvertant grant of lands forming portions of State Forests without consulting the Forest Department, as soon as a State Forest is constituted by a notification, necessary entries should be made in the Revenue Rocords, and the forest settlement maps should be sent to the survey departments for incor¬porating the changes at once in the village maps. The Chief Conservator should also take prompt steps to have the limits of the State Forest demarcated on the ground. Revenue Officers should not be satisfied wiith a mere reference to the khetwar and other village records, but should consult the Forest Department, if there is any doubt as to whether the land applied is reserved or not. (G.O. No. R. 2991-3000—L.R. 298-28-2, dated 2nd October 1928) .

FORMER RULES IN TEMPORARY LEASING OF AMRUT MAHAL KAVALS.

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:09:20 PST

Tank-beds included in the Kavals should not be given out for cultivation except under the conditions laid down in Rule 16 L.R.R., and with the concurrence of the Deputy Commissioner. (G.O. No. R. 5828-37—L.R. 248-11-4, dated 18th April 1912) .

The following principle should be adopted regarding the disposal of lands out of released kavals in the State. Twenty per cent to be given to applicants belonging to depressed classes, 20 percent to Military applicants, 10 per cent to Political sufferers, 50% to bonafide Agriculturists who are either landless or insufficient holders. (G.O. No. R. 859-24—L.R. 321-54-4, dated 10th November 1954) .

FORMER RULES OF KARNATAKA IN GRANT OF TANK BED LANDS FOR CULTIVATION.

noreply@blogger.com (Sridhara Babu) — Sat, 19 Nov 2011 09:09:20 PST

Beds of tanks should not be given for cultivation, but in special seasons of scarcity of rainfall, the Deputy Commissioner may, if he is satisfied that there is no prospect of storing any water during the season, and the cultivation of the bed would not affect the interests of the cultivators below the tank, or of the people generally, give the bed of any tank for cultivation for a season subject to the condition that dry crops alone should be cultivated and manure should on no account be used. Further, the cultivator will not be entitled to claim any compensation on account of the submersion of such lands, from any cause whatsoever.

The permission to cultivate the tank bed should be restricted to a single dry season, viz., from February to the end of April or May and such permission should not be renewed from year to year without considering afresh all the circumstances on each occasion. Moreover, no one man should be allowed to cultivate the same plot for more than three years in succession. Raiyats who culti¬vate the tank bed lands in anticipation of permission in years of scanty rainfall need not be subjected to any penal¬ties. Temporary assessment should, however be collected for the area cultivated by them. Even in years of normal rainfall the portions of the beds of tanks which are larger than the actual water spread and above their waste weir contours may be given for cultivation by Taluk Officers with the sanction of Deputy Commissioners. Where the tanks have narrow sluice barrles, the public works depart¬ment should invariably be consulted before each case of grant.

The beds of breached tanks which have not been permanently abandoned may be given out for cultivation temporarily, if after communication with the public works department, it be found that there is no prospect of the tanks being restored immediately. Such grants will be made ordinarily for one year at a time and in no case should the period exceed three years without the sanction of the Revenue Commissioner. The grantee shall use the lands only for the purpose of cultivation and shall not be entitled to cut down or remove any trees, etc., standing thereon. He shall pay assessment at the prevailing rates of Government lands of similar quality in the village; provided that when there are more applicants than one for the same land, it will be sold by auction and granted to the person who offers the highest amount of annual rental at the sale.

Rule 11 (iv) The Deputy Commissioners of Dis¬tricts are empowered to sanction the appropriation of reserved lands such as beds of tanks, nalas, vonies, and Gavathanas subject to the conditions that they should obtain the agreement of the departments concerned when¬ever necessary before sanctioning the appropriation of these lands the cases of disagreement being referred to the Revenue Commissioner. (Government Notification No. R. 2164—L.R. 486-49-14, dated 22nd May 1950).

Rule 16 L.R.R. should be strictly followed in grant¬ing lands for cultivation in the beds of tanks in action. (G.O. No. R. 1115-24—R.P. 29-1900, dated 3rd September 1901).

GRANT OF TANK BEDS FOR TEMPORARY CULTIVATION.

(1) In seasons of scarcity of rainfall, the Deputy Commissioner is authorised, under Rule 16(1) L.R.R., to give the bed of any tank for cultivation for a single season during certain conditions. The neces¬sity for obtaining previous permission in such cases in¬volves correspondence and often prevents people getting the full benefit of the concession. Government are, there¬fore pleased to direct that ryots who cultivate tank bed lands in anticipation of permission, in years of scanty rainfall, need not be subjected to any penalties. Tem¬porary assessment will, however, be collected for the area cultivated by them. (G.O. No. R. 2588-98—L.R. 474-27-2, dated 21st September 1928).

(2) It is frequently found that the land reserved as the bed of a tank is much larger than the actual water-spread. Government see no reason why portions of tank beds above the waste weir contour should not be given for temporary dry cultivation, even in years of normal rainfall. Previous permission, however, should be insisted upon in such cases but the Amildar may grant permission and report the same to the Deputy Commissioner for confirmation. In cases where it is proposed to give the temporary cultivation beds of tanks with narrow sluice barrels, the Department of Public Works should in¬variably be consulted beforehand.

(3) The cultivation of tank beds, in ordinary years as well as in periods of drought, will be subject to the conditions laid down in L.R.R. 16(1), viz., (1) that the officer granting permission should be satisfied that there is no prospect of storing water during the season in the area cultivated and that the cultivation of the bed will not affect the interests of the cultivator below the tank or of the people generally ; (2) that dry crops alone should be cultivated; (3) that manure should on no account be used, and (4) that the cultivators of the tank bed will not be entitled to claim any compensa¬tion on account of submersion of the lands from any cause whatsoever. Further, the permission to cultivate the tank bed should be restricted to a single dry season, viz., from February to end of April or May and such permission should not be renewed from year to year without considering afresh all the circumstances on each occasion.

(4) Tank bed lands granted for temporary culti¬vation should not be allowed to be cultivated for more than three years in succession by one man or another, and the land should be kept unoccupied for a year or two before being again granted for cultivation. (G.O. No. R. 6346-56—L.R. 297-28-78, dated 5th February 1929) .

(5) The beds of tanks by their very nature are very fertile and valuable. There will be very keen demand for such lands. All permanently abandoned tank beds and fcattes or small tanks should, therefore, be dis¬posed of in public auction generally, unless in any parti¬cular case such a land is proposed to be granted for an upset price, when the sanction of the Revenue Commis¬sioner would be necessary, (R.C.'s Circular No. C3-395—50-51, dated llth November 1950).

GRANT OF LAND UNDER GROW MORE FOOD SCHEME BEFORE 1960'S.

noreply@blogger.com (Sridhara Babu) — Thu, 17 Nov 2011 12:33:10 PST

(1) With a view to increase the production of Food and Fodder crops in the State to meet the acute situation caused by war and other natural causes, Govern¬ment launched a scheme under which the Deputy Com¬missioners were empowered to lease out unoccupied irrigable lands under channels and tanks for temporary paddy cultivation for a period not exceeding five years with concessions as to payment of assessment as noted below. The persons who brought the lands under cultiva¬tion would have the option of purchasing the lands for a
First year .. Free assessment.
Second year .. Do
Third year .. Half assessment.
Fourth year .. Do
Fifth year .. Full assessment.

reasonable upset price to be fixed at the time when permis¬sion was given to cultivate the lands and intimated to the parties in advance. Paddy cultivation on marshy lands were also encouraged by waiving the assessment, provided the lands did not use the channel water directly. (G.O. No. R. 6580-93—R.M. 65-41-1, dated llth April 1942) . (G.O. No. R. 7955-70—R.M. 65-41-10, dated 13th June 1942) .

(2) Under the Visvesvaraya Canal area, the order extending the village reserve for purposes of prohibition of wet cultivation to two furlong zone of the village was kept in abeyance. Large extents of assessed waste, surrendered Amrut Mahal Kaval and date reserves and disafforested areas and other cultivable lands which were lying unoccupied were authorised to be granted for temo-rary cultivation for growing food crops on a three years basis, option being given to such grantees to purchase such lands at the end of the lease period. Portions of beds of all tanks which were beyond the water margin, including the water spread of K. R. Sagara ; were granted for eksal cultivation for growing vegetables, Bengal gram, Jola, in the dry season. In the case of unreserved lands, Amildars were empowered to put darkhastdars in pos¬session of the lands pending the formalities and the issue of final orders in the darkhast. It was also directed that in places where there was keen demand for lands for cultivation, the lands under the control of the Excise, Amrit Mahal and Forest Departments be surrendered freely for growing food crops.

(3) This scheme as laid down in Government Order No. R. 6518-93—R.M. 65-41-1, dated llth April 1942 was revoked by Government. Regarding the lands already granted under this scheme but not yet confirmed to the grantees, it was ordered that the lands might be confirmed to the grantees provided they are landless and cultivated the land continuously for three years out of five years. This concession would also apply to those who own less than 5 acres of dry land or two acres of wet land. Where a grantee is cultivating both dry and wet lands, for purposes of calculation whether he is eligible for the confirmation of the grant or not two acres of wet land will be considered to be equivalent to five acres of dry land. In other cases, grant of land can be confirmed only if the grantee has cultivated the entire extent con¬tinuously for five years. (G.O. No. R. 7892-901—L.R. 266-53-2, dated 10th August 1953).

(4) Even in the case of sufficient holders, where the conditions of the original lease grant have been ful¬filled, the lease grants have to be confirmed to them.
(Circular No. R6-53S2-92—L.R. 41-55-29, dated 7th July 1955). In deserving cases, where the leases have bees, can¬celled due to non-fulfilment of the terms of the giaut, the same lands could be regranted to the same lessees at a penal upset price. This direction would apply also to lessees, who are sufficient holders, subject to the con¬dition that, when such regrant is in excess of the powers of the officer cancelling the lease, a recommendation for such regrant may be made.

(5) The Revenue Commissioner is also empowered to confirm all grants of irrigable dry land under Visvesva-raya Canal area granted under Grow More Food Scheme up to five acres and having regard to the minimum upset price of Rs. 200 per acre fixed in Government Order dated 27th June 1935 submit the remaining oases in which the extent exceeds five acres for orders of Government. (G.O. No. 4806-17—R.M. 45-47-2, dated Srd December 1948)

(6) If a person belonging to depressed class who has been granted lands under the Grow More Food Scheme, applies for the conversion of such grant into a grant under the depressed class concession Rules, his request may be granted subject to the conditions laid down in Rule 43(5) and (7) of the rules under the Land Revenue Code. (Letter No. R5-13429—L.R. 133-54-10, dated 10th December 1954 from the Revenue Secretary).