(1)
Ļ¯ೇಷ ªಾಜÍ ಪĦÎೆ
GOVERNMENT OF KARNATAKA
No: RD 04 AQB 2020
Karnataka Government Secretariat
M.S. Building,
Bengaluru, Dated:28.03.2022
NOTIFICATION
The draft of the following rules to amend the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement
(Karnataka) Rules, 2015, which the Government of Karnataka proposes to make
in exercise of the powers conferred by sections 23A, 30A, 31A and 112 of the Right
to Fair Compensation and Transparency in land Acquisition, Rehabilitation and
Resettlement Act, 2013 (Central Act 30 of 2013) is hereby published as required
by section 112 of the said Act for information of all the persons likely to be affected
thereby within fifteen days from the date of its publication in the Official Gazette.
Whereas, the said Gazette was made available to the public on 22nd October
2021,
And Whereas, objections and suggestions received in this behalf within the
periods specified above have not received any of the objections or suggestions to
the State Government.
Now, therefore, in exercise of the powers conferred by Section 112 of the
Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation
and Resettlement Act, 2013 (Central Act 30 of 2013), the Government of Karnataka
hereby makes the following rules:-
¨sÁUÀ – 4ಎ
Part – IVA
, 28
, 2022(
07
1944)
BENGALURU, MONDAY, 28, MARCH, 2022 ( CHAITHRA, 07, SHAKAVARSHA, 1944)
. 193
No. 193
2
RULES
1. Title and commencement.-(1) These rules may be called the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (Karnataka) (Amendment) Rules, 2020.
(2) They shall come into force from the date of their final publication in the
Official Gazette.
2. Amendment of rule 2.- In the Right to Fair Compensation and
Transparency in land Acquisition, Rehabilitation and Resettlement (Karnataka)
Rules, 2015 (hereinafter referred to as the said rules) in rule 2,-
(i) after clause (b), the following shall be inserted, namely:-
"(b-1) 'Authorized Officer' means an Officer authorized by the State
Government through a notification."
(ii) after clause (d), the following shall be inserted, namely:-
"(d-1) 'Lump sum Amount' means an amount paid for Rehabilitation and
Resettlement under section 31-A,"
3. Insertion of new rule 15-A.- After rule 15 of the said rules, the following
shall be inserted, namely:-
"15-A. Exemption.- The provisions of chapter-II regarding social impact
assessment study shall not be applicable to the projects notified under section
10-A."
4. Insertion of new rule 19-A.- After rule 19 of the said rules, the following
shall be inserted, namely:-
"19-A. Exemption.- The provision of chapter-III regarding consent shall not
be applicable to the projects notified under section 10-A for Government and Public
Private Partnership Projects.”
5. Insertion of new rule 20-A.- After rule 20 of the said rules, the following
shall be inserted, namely:-
"20-A. Notification for exempted projects.- (1) In respect of exempted
projects under section 10-A, information shall be submitted in written form along
with the total extent to the State Government by the Land Requiring Body
/Department/Institutions either directly or through Deputy Commissioner or
through the authorized officer.
(2) After issue of a notification under section 10-A, the Deputy Commissioner
where land is required identify such area and shall publish preliminary notification
in Form-V under sub-section (1) of section 11 of the Act.
(3) The Gazette copy of preliminary notification under sub-section (1) of
section 11 shall be affixed in the notice board of the Grama Panchayat, Local
Government office and Village Accountant office.
3
(4) After publication of preliminary notification in official Gazette under sub-
section (1) of section 11 of the Act, the Preliminary survey of land under section 12
of the Act shall be completed within 120 days. The preliminary survey of land shall
be as specified in Form-VI.
(5) The following officers and officials shall carryout the preliminary survey
of land to prepare the Joint Measurement Chart namely:-
(i)
The Special Land Acquisition Officer or Land Acquisition Officer or his
representative not below the rank of Group-B officer;
(ii)
The representative of requiring body;
(iii)
The concerned Taluka Tahasildar or his representative not below the
rank of Shirastedar;
(iv)
The concerned Assistant Director of Land Records;
(v)
The concerned Revenue Inspector;
(vi)
The concerned Surveyor;
(vii)
The concerned Village Accountant; and
(viii) The concerned officers / officials of Horticulture, Forest and Public
Works Department of the taluk if necessary.
6. Amendment of rule 28.- In rule 28 of the said rules, in sub-rule (1), after
the proviso, the following proviso shall be inserted, namely:-
"Provided further that, in case of acquisition of land for projects which are
notified under section 10-A, after considering objections under sub-section (2) of
section 15, and confirm 100% deposit of estimated land acquisition cost by
requiring body, then the Government shall publish a notification in the official
Gazette under sub-section (1) of section 19 in Form–VII. The Gazette copy shall be
affixed on the notice board of Grama Panchayath / Local Government office and
Village Accountant office."
7. Insertion of new rule 29-A and 29-B- After rule 29 of the said rules, the
following shall be inserted, namely:-
“29-A. Award under section 23 and 23-A.-(1) The matters to be included in
the award of the Deputy commissioner shall be as specified in Form VIII.
(2) The consent award under section 23-A shall not be less than 5% or not
more than 10% of the compensation which are calculated under sections 26, 27,
28, 29 and 30.
(3) In addition to the market value of the land provided under section 26
award an amount calculated at the rate of 12% per annum on such market value
for the period commencing on and from the date of publication preliminary
notification under section 11 till the date of consent award made by concerned
officer or date of possession of land whichever is earlier.
(4) While making an award under section 23 and 23-A a lump sum amount
shall be added in lieu of the provisions of Rehabilitation and Resettlement
opportunities mentioned in Chapter II and III of the Principal Act.
4
‘Provided that, lump sum amount given in lieu of the provisions of
Rehabilitation and Resettlement opportunities shall be minimum rupees fifty
thousand or affected family (Joint / Nuclear family) holding the land in which
percentage of land acquired such market value of the land specified under section
26, in whichever is highest but not exceeding rupees five lakhs.
Illustration: Market value of the land per acre calculated under section 26,-
If the land value is rupees three lakhs per acre in agriculture land or rupees
five hundred per square feet in non agriculture land, the lump sum amount shall
be:-
Sl.
No
Total
holding of
land by
affected
family
Land has
be
acquired
from the
affected
family
Percentage of
land acquired
Market value of
the acquired land
under section-26
(in rupees)
Lump sum amount awarded
instead of Rehabilitation and
Resettlement (Sl. No. 4
Percentage of amount as per
Sl.No.5)
(in rupees)
Remarks
1
2
3
4
5
6
7
1
01 Acre
20 Gunta
50%
1.5 Lakhs
75 Thousand
2
10 Acre
2 Acre
20%
6 Lakhs
1.20 Lakhs
3
10 Acre
6 Acre
60%
18 Lakhs
10.8 Lakhs (Maximum limit of
5 lakhs to be fixed)
4
10 Acre
4 Acre
40%
12 Lakhs
4.8 Lakhs
5
20 Gunta
10 Gunta
50%
1.5 Lakhs
75 Thousand
6
10 Gunta
5 Gunta
50%
37,500
18.5 Thousand (Minimum
limit of fifty thousand to be
fixed)
7
5 Gunta
4 Gunta
80%
30,000
24,000 (But Minimum fifty
thousand shall be fixed)
8
2000Sq
500Sq Mtr
25%
2.5Lakhs
75,000
9
1000Sq
800Sq Mtr
80%
4.00 Lakhs
3.2 Lakhs
10
100Sq Mtr
100Sq Mtr
100%
50,000
50,000
(5) In General and Consent award land value, trees, structures shall be
calculated and applicable from date of preliminary notification.
(6) Any awarded person under section 23-A is not eligible to file application
under sub-section (1) of section 64 and sub-section (1) of section-73. If an
application is so filed, it shall be rejected.
(7) The Deputy Commissioner or Authorized officer shall declare the consent
award under section 23-A with previous approval of the State Government:
(8) If the amount of General award compensation including lump sum
amount, to be paid is less than rupees two crore, then the Deputy Commissioner
shall declare the award.
(9) If the amount of General award compensation including lump sum
amount, to be paid is more than two crores or less than rupees five crores, then
5
the Deputy Commissioner shall declare the award with the previous approval of
the concerned Regional Commissioner.
(10) If the amount of General award compensation including lump sum
amount, to be paid is more than five crores then the Deputy Commissioner shall
declare the award with the previous approval of the State Government.
(11) Application pertaining to general award under sub-section (1) of section
73 shall be disposed as early as possible and such application shall be disposed
within sixty days from the date of filing of application.
29-B. Voluntary Acquisition of land.-(1) Whenever the State Government
intends to acquire land for a public purpose, the State Government or authorized
officer shall enter in to a sale agreement with the land owner under sub-section (1)
of section 30-A as specified in Form-IX.
(2) The State Government or the authorized officer may issue orders as under
sub-rule (1) and same shall be notified in the official Gazette.
(3) In voluntary acquisition other than land owner if any member of family is
affected then instead of Rehabilitation and Resettlement a compensation amount
equal to or not less than the lump sum amount shall be awarded.”
8. Amendment of rule 34.- In rule 34 of the said rules, after sub-rule (3),
the following shall be inserted, namely:-
“Provided that, the provisions of rules 21, 22, 23, 24, 25, 26 and 27 and
rules 30, 31, 32, 33 and 34 shall not apply while implementing the Government
projects and public private partnership projects which are in public interest
notified under section 10-A”
9. Amendment of rule 37.- In rule 37 of the said rules,-
(i) for the words “the land acquired for public purpose under the Act and the
majority of such acquired land remains unutilized for a period of more than five
years” the words “term allocated for the implementation of any project or five years
whichever is later” shall be substituted; and
(ii) for the first proviso, the following shall be substituted, namely:-
“Provided that, if any stay order is issued by the court while implementing
any project, then this period is deducted from the term allocated for implementing
the project or five years whichever is later.”
By order and in the name
of Governor of Karnataka
(Srinivas A.)
Under Secretary to Government.(I),
Revenue Department(LAQ-1&3)
Form-V
[see sub-rule (2) of rule 20-A]
Notification under sub section (1) of section 11 of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
No:
Date:
The Government considers that the acquisition of lands of -------------- village of ----------------- Taluk of -----------
-- district for --------------- projects having public purpose mentioned in the following schedule. For this project, the
Government Notification No.------------- dated: ------------ has issued by giving exemption under the provisions of
Chapter – II and III and section 10-A of the Act, this Notification has been published in the Official Gazette on ----------
--------
Therefore, it is hereby informed that ----------------- has been empowered to exercise the power conferred under
section 12 of the Act.
It is alerted that during the acquisition of the said lands no one shall pose hurdles to the surveyor or those who
are into this work appointed by the Government. It has been restricted under sub-section (1) of section 11 to sale,
mortgage, occupied, exchange or take up any developmental works further in the land to be acquired in the said land
acquisition process on agreement. It is hereby informed that if any such action or any other kind of developmental
works are undertaken, such actions will not be taken into consideration while making an award and finally land
acquisition process will be taken up under the provisions of the Act.
8
If the individuals having interest as per sub section (1) of section 15 of the Act, have any objections, they shall
submit their objections to this office within sixty days from the date of publication of this notification in the official
Gazette. The objection received after sixty days shall be disposed without giving notice.
A sketch of the land to be subjected for land acquisition process in the said case has been placed in the office of -
------------ for perusal.
(“Note: Since this project comes under the purview of section 40 of the Act and the land is required urgently it
has been decided to acquire the lands as per Government Order No: ------------- dated: -----------------)
9
Schedule
District: Taluk: Hobli: Village:
Sl.
No.
Khatedar/ Name
(as per Pahani)
Sy/
Khata
Number
Survey/total
extent in Khata
number (as per
Pahani /uthara)
Total Extent to be
acquired
Typ
e
Chekkubandi
/Boundary
Rem
arks
Name of the
land
owner/land
holder
Name of
the
occupant
Agric
ultura
l/Non
Agric
ultura
l
Kharabu
Agricultu
ral/Non
Agricultu
ral
Kharabu
E
W
N
S
1
2
3
4
5
6
7
8
9
10
11 12
13
18
Total
Seal and Signature,
Deputy Commissioner.
* If required
10
Form-VI
(see sub-rule (4) of rule 20-A )
Preliminary survey of land
District:
Taluk:
Hobli:
Village:
Sl.No.
Name of
Khatedar
Extent covered under land
acquisition as per section
11(1)
Extent covered under land
acquisition as per preliminary
survey
Extent covered under
land acquisition as
per Section 19(1)
A
d
di
ti
o
n
al
Less
Chekkubandi
/Boundary
Details of ‘Tree/
Malki
Remarks
Sur
vey
/Kh
ata
Nu
mb
er
His
sa
Nu
mb
er
Total extent
in
Survey/Khat
a
Ty
pe
Sur
vey
/Kh
ata
Nu
mb
er
His
sa
Nu
mb
er
¸ Total
extent in
Survey/Kh
ata
Ty
pe
Survey/Khata Number
Hissa Number
Total extenAt in
Survey/Khata
Type
Name of the land owner/land holder
Name of the Khatedar
Agricultural/non-agricultural
Kharabu
Agricultural/non-agricultural
Kharabu
Agricultural/non-agricultural
Kharabu
E
W
N
S
Type of Trees
Number of Trees
Details of Malki/buildings
Number/Extent of Malki/building
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Total
11
Form -VII
(see sub-rule (1) of rule 28 )
Notification for declaration under sub-section (1) of section 19 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
No:
Date:
Since the Government found the necessity of acquiring the lands of -------------- village of ----------------- Taluk of
------------- district for --------------- projects having public intention mentioned in the following schedule, the
Government Notification No.------------- dated: ------------ has been issued by giving exemption for this project as
under the provisions of Chapter II and III and section 10-A of the Act. This Notification has been published in the
Official Gazette on ------------------based on which, it was published by notifying in Sl. No.---------- dated: ---------------
under sub-section (1) of section 11 of the Act. It has been directed to continue the land acquisition process accepting
vide Government letter No.----------- dated:------------ since no objections are received as under sub-section (1) of
section 15 of the Act, the enquiry report after hearing the objections received and conducting suitable enquiry.
Since the Government of Karnataka has got convinced that there is a necessity of acquiring lands proposed
under sub-section (1) of section 19 of the Act, it is hereby declared as per sub-section (1) of section 19 of the Act that
the lands are needed for the purpose mentioned above.
12
Accordingly, ---------- is hereby appointed as per clause (g) of section 3 of the Act for exercising the functions of
Deputy Commissioner with regard to all further legal actions and processes related to the acquisition of the said
lands.
Since under the provisions of Chapter II and III of the Act shall be applicable for the said project as per
Government Notification No: ------------ dated: ------------ and exemption has been given, it has been decided to fix
under the rule 29-A the lump sum amount to be given in lieu of the provisions under section 23-A and 31-A
In the backdrop of all the circumstances explained above, it has been ordered to take further action by serving
public notice regarding the purpose of taking possession of the lands coming under land acquisition process to the
beneficiaries concerned under sub-section (1) of section 21 and by intimating them to submit claims of compensation.
A sketch showing the details of the land covered under the said notification has been placed in the office of ---------- in
public interests and to bring to the attention of all concerned beneficiaries.
13
Schedule
District:
Taluk:
Hobli:
Village:
Sl.
No.
Name of Khatedar
(As per preliminary
survey of land)
Survey/Khata Number
Hissa Number
Total extent
to be covered
under land
acquisition
[As per
section 11(1)]
Ty
pe
Total
extent to
be covered
under land
acquisition
Ty
pe
Chekkubandi
/boundary
Details of Trees/Malkies
Remar
ks
Name of the land
owner/land
holder
Name of the
Occupier
Agricultural/non
-agricultural
Kharabu
Agricultural/non
-agricultural
Kharabu
E
W
N
S
Type of trees
Number of
trees
Details of
Malki/building
Number and
Extent of Malki
/buildings
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Total
Seal and Signature,
Authorized Officer.
*If there are any differences in the extension in column No.5, 6 with the column No.7, 8 it shall be mandatorily explained in
column No.18.
14
Form -VIII
(Agreement and compensation)
(See sub-rule (1) of rule 29-A)
(Part-A)
On this date -------------------, the following agreement has been entered into
between ------------ hereinafter referred to as the “VENDOR” of the first part and
the Government of Karnataka hereinafter referred to as the “Purchaser” of the
second part.
The expression “Vendor” and “Purchaser” unless it is repugnant to the
subject shall mean and include their respective legal heirs, legal representatives,
assigns, successors, administrators, custodians etc, as and when the context so
requires.
The Vendor, Sri/Smt ------------ has an absolute possession of major portion
of the land or entitled otherwise to appropriate and sufficient proportion of land
with an extent of ------------- in Sy. No.------------ of ---------------- Village, -----------
---- Taluk, -------------District.
It is notified as given in the below table to acquire the major portion of the
said land as per the provisions of the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of
2013) and the Government has acquired the said land by issuing appropriate notice
under the section 23-A of the Act read with rule 29-A of these rules.
If the compensation amount is fixed through an agreement entered into
between the State Government and the person(s) claiming compensation, then
such compensation shall be paid as per such agreement. The land owner has
agreed to receive the compensation amount of Rs.---------- which was fixed by the
Authorized Officer and which was supposed to be paid to him as required by the
said Act and rules made thereunder, the Government upon the request of the land
owner, may recover any repayment dues or any amount payable to the Government
out of the total compensation amount as land revenue dues.
15
Table
District:
Taluk:
Hobli:
Village:
Sl.
No.
Sy/Khatha No.
Total area in Sy
/Khatha No. (as
per
pahnai/Uthara)
Total area to be acquired
Type
Checkbandi/
boundary
Remarks
Agricultural/Non-
Agricultural
Kharab
Agricultural/Non-
Agricultural
Kharab
E
W
N
S
1
2
3
4
5
6
7
8
9
10
11
12
Total
I/we have whole heartedly agreed to receive the compensation amount for
the acquired land as per the Award. I/we hereby undertake that no case shall be
filed in any Court against the Government/Land seeking organisation/Department
for claiming any additional Compensation amount or for any reason except the
consent award made with regard to this land.
As witness, both parties have signed to this agreement on the above
mentioned date.
Signatures of land -owner
1)--------------------
2)--------------------
Signatures of witnesses
1)--------------------
2)--------------------
By order of the
Competent Authority.
16
(Part-B)
Compensation Certificate
This compensation certificate is got executed on this date ---------------, by
Sri/Smt--------------- S/D/W of Sri/Smt -------------- of ------------ Village, ----------
Taluk, ----------- District who hereinafter referred to as an owner (this word, unless
the context is otherwise or that contradicts the context otherwise, includes his
concerned custodians, executives, administrators and persons alienated by him) in
favour of the Governor of Karnataka (hereinafter referred to as the Government)
(this word shall construed and include his successors of his office and the persons
designated by him).
The fixed asset, for which details have been given in the following schedule.
Which is hereinafter referred to as the ‘said asset’ have been acquired in the name
of the owner as per the Act and the said owner has stated by submitting a
representation to the Government that only he is entitled to all compensation
amount paid to him in connection with the said property and no other person is
entitled to claim such compensation or any part thereof and there is no dispute or
no chances of arising dispute about his ownership or his interest in the acquired
land.
And, the land acquisition officer---------, who acquires land for ------------
project has given permission to the owner to write compensation certificate in his
capacity as a land owner for receiving compensation amount as mentioned below.
In case, it is found henceforth, that the owner is not/certainly not entitled
for the compensation payable for the property mentioned in the below schedule or
it is found any other person is to be paid the compensation amount, he shall return
the amount which was paid to him, fully or partially to the Government, as the
case may be. In case any loss or damage or expenditure incurred to the Government
due to any lapse or mistake in his claim of entitlement, compensation shall be given
in any other manner without affecting any other compensation measures with
regard to the encashment of any re-payment and/or compensation. If it comes to
the notice of a Competent authority that any amount which is payable as re-
17
payment under compensation, has been paid or has been paid in excess, by the
Government, may recover the said amount as land revenue dues.
In any capacity, if any dispute arises in the future from his own family
members or any other person/persons about this land or about the apportionment
of the compensation amount or if it is found that the compensation amount has
been fixed more because of the pase in calculation or raise in any other Act or Legal
Statutory Provisions for the time being in force, I vow that I return such
compensation amount paid to me fully or partially thereof, as the case may be to
the land acquisition officer and I settle all/any hurdles/disputes incidental thereto
at my own expenses.
Schedule
Village: Hobli: Taluk: Survey No. Area
Determined amount:
As witness, the land owner has hereby got executed this compensation
certificate in the presence of the following witnesses, namely:-
Signatures of land owner
1)--------------------
2)--------------------
Signatures of witnesses
1)--------------------
2)--------------------
The aforesaid owner has signed and handed over this compensation
certificate in the presence of and on behalf of the Governor of Karnataka.
(Sd)
Authorized Officer.
18
Form -IX
(see sub rule-(1) of rule 29-B)
(Agreement for Voluntary Acquisition)
On this date -------------------, the following agreement for voluntary
acquisition has been entered into between a land owner (who hereinafter referred
to as such person) (this word includes custodians, executives and administrators
unless the context or meaning contradicts otherwise) as one party and -------------
----- (Authorized Officer) who on behalf of the Governor of Karnataka (hereinafter
referred to as the Government) as another party as provided under section 30-A of
the Act.
The land-owner, Sri/Smt ------------ has an absolute possession of major
portion of the land or entitled otherwise to appropriate and sufficient proportion of
land with an extent of ------------- in Sy.No.------------ of ---------------- Village, -----
---------- Taluk, -------------District.
The major portion of land as given in the below table, has been acquired
voluntarily by the Government under section 30-A of the Act, for the purpose of
acquiring land for ---------- project as under the provisions of the Act under 23-A
of the Act, if the compensation amount is fixed through the agreement entered into
between the State Government and the person(s) claiming compensation, then
such compensation shall be paid as per such agreement. The land owner has
agreed to receive the compensation amount of Rs.---------- which was fixed by the
Authorized Officer and which was supposed to be paid to him as required by the
Act and rules made there under and the Government upon the request of the land
owner, may recover any repayment dues or any amount payable to the Government
out of the total compensation amount as land revenue dues.
19
Table
District:
Taluk:
Hobli:
Village:
Sl.
No.
Sy/Khatha No.
Total area in Sy
/Khatha No. (as
per
pahnai/Uthara)
Total area to be acquired
Type
Checkbandi/
boundary
Remarks
Agricultural/Non-
Agricultural
Kharab
Agricultural/Non-
Agricultural
Kharab
E
W
N
S
1
2
3
4
5
6
7
8
9
10
11
12
Total
I/we have whole heartedly agreed to receive the compensation amount for
the acquired land as per the Award. This is the Statement got written by me/us
that no case will be filed in any Court against the Government/Land seeking
organisation/Department for Claiming any additional Compensation amount or for
any reason except the award consent made with regard to this land.
As witness, both parties have signed to this agreement on the above
mentioned date.
Signatures of land -owner
1)--------------------
2)--------------------
Signatures of witnesses
1)--------------------
2)--------------------
The aforesaid owner has signed and handed over in the presence of and on
behalf of the Governor of Karnataka.
(Sd)
Authorized Officer.
By order and etc,…
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