(1)
Ļ¯ೇಷ ªಾಜÍ ಪĦÎೆ
GOVERNMENT OF KARNATKA
No. RD 07 LGP 2023
Karnataka Government Secretariat,
M.S. Building,
Bengaluru, Dated:18.05.2023.
NOTIFICATION
The draft of the following rules further to amend the Karnataka Land Grant
Rules, 1969 which the Government of Karnataka, proposes to make in exercise of
the powers conferred with section 197 of the Karnataka Land Revenue Act, 1964
(Karnataka Act 12 of 1964) is hereby published as required by sub-section (1) of
section 197 of the said Act for the information of all persons likely to be affected
thereby and notice is hereby given that the said draft will be taken into
consideration after the expiry of fifteen days from the date of its publication in the
official Gazette.
Any objection or suggestion, which may be received by the State Government
from any person with respect to the said draft before the expiry of the period
specified above, will be considered by the State Government. Objections or
suggestions may be addressed to the Secretary to Government, Revenue
Department, Multi Storied Building, Dr. Ambedkar Veedhi, Bangalore – 560 001.
DRAFT RULES
1. Title and Commencement:- (1)These rules may be called the Karnataka
Land Grant (Amendment) Rules, 2023.
(2) They shall come into force from the date of their final publication in the Official
Gazette.
2. Insertion of new rule 19-B.- In the Karnataka Land Grant Rules, 1969,
after rule 19-A the following shall be inserted, namely:-
¨sÁUÀ – 4J
Part – IVA
19
2023(
, 29
1945)
BENGALURU, FRIDAY, 19, MAY, 2023(VAISHAKHA, 29, SHAKAVARSHA, 1945)
. 189
No. 189
2
“19-B. Lease of land for Cultivation of Plantation Crops.- (1) A Family in
unauthorized occupation Government Land of Cultivating Plantation Crops may be
leased to such family by the Deputy Commissioner without auction subject to the
following conditions, namely:-
(i) that family shall be in unauthorized occupation of land for cultivation
of Plantation Crops prior to 1st day of January, 2005 and shall continue
to be in possession of such land on the date of commencement of the
Karnataka Land Grant (Amendment) Rules, 2023;
(ii) the extent of land that may be leased to a family shall be upto twenty
five acres;
(iii) the Government Land held in possession unauthorizedly over and
above the extent of land that may be leased under these rules shall be
surrendered to the Government by the said family prior to entering into
lease agreement as under sub-rule (6);
(iv) the amount of annual lease rent payable for the lands leased under
these rules shall be,-
Sl.
No.
Number of acres
Lease Amount
1.
Upto 1 acre
Per year Rs. 1000/-
2.
More than 1 acre and upto 5 acres
Per acre-per year Rs. 1500/-
3
More than 5 acres and upto 10 acres
Per acre-per year Rs. 2000/-
4
More than 10 acres and upto 15 acres
Per acre-per year Rs. 2500/-
5.
More than 15 acres and upto 20 acres
Per acre-per year Rs. 3000/-
6.
More than 20 acres and upto 25 acres
Per acre-per year Rs. 3500/-
The entire lease amount for thirty years shall be paid before granting the
lease at one instance.
(v) the period of above such lands shall not be more than thirty years;
(vi) if Lessee expires during the lease period, the lease shall be transferred
only to lessee’s lessee’s family as specified in section 94-E of the Act till
the remaining lease period;
(vii) leased land shall not be sub leased or alienated;
(viii) trees already existing on such Government lands shall be the
property of the Government and lessee shall protect such trees;
(ix) leased lands shall only be used for cultivating the plantation crops
and shall not be utilised for any other purposes;
3
(x) mortgage of leased land in favour of the State Government or a
Scheduled Bank or Co-operative Bank for crop loan for the purposes of
cultivating plantation crops shall not be regarded as alienation for the
rules; and
(xi) No such lands shall be leased if the land comes under purview of
Forest (Conservation) Act, 1980 (Central Act 69 of 1980).
(2) Any family who complies with the condition specified in clause (i) of sub-rule (1)
may make an application to the Tahsildar of the concerned Taluk in Form No. IX
within three months from the date of commencement of the Karnataka Land Grant
(Plantation Crops) (Amendment) Rules 2023.
(3) On receipt of the said application, the Tahsildar, after due verification and
enquiry as may be necessary, shall examine the eligibility of the applicant for lease
of land under this rule and place the records of his findings before the Deputy
Commissioner.
(4) The Deputy Commissioner, on scrutiny of the records submitted by the
Tahsildar and after satisfying himself that the applicant is eligible for lease of land
under these rules or otherwise, shall pass necessary orders either sanctioning the
lease or rejecting the same within three months from the date of receipt of
application.
(5) Upon receipt of orders from the Deputy Commissioner as per sub rule (4), the
Tahsildar shall issue orders for sanctioning the lease in favour of that family
incorporating the conditions specified under this rule.
(6) Every family which is leased land under this rule shall execute the lease deed
for temporary occupation of Government land for Plantation Crops cultivation in
Form No. X. The lease shall come into force from the date of execution of the said
lease deed.
(7) If the Government requires the leased lands for any Government / Public
purpose viz., sites for poor, hospital, school etc., leased lands shall be resumed to
the Government without any notice and the amount due for the rest of the leased
period will be remitted to the lessee.
By Order and in the name of the
Governor of Karnataka
(VIMALAMMA C.)
Under Secretary to Government,
Revenue Department (Land Grants-1).
4
FORM IX
[See sub-rule (2) of 19-B]
To,
The Tahsildar
. . . . . . . . . . . . .Taluk . . . . . . . . .
I am in unauthorized occupation of the land belonging to the State
Government for the purpose of Plantation of Crops i.e. Cardamom, Coffee, Pepper,
Rubber or Tea crops cultivation, the particulars of which are furnished below. I
request that the said land may be leased to me as per terms of the Rule 19-B of the
Karnataka Land Grant Rules, 1969.
1
Name of the applicant
with address
2
Age
3
Profession
3
Particulars
of
other
Members of the family
4
Particulars of the land in
unauthorized occupation.
(a) Village:
(b) Taluk:
(c) Survey Number:
(d) Extent: Acres------ Guntas------
(e) Boundaries:
(i) North
(ii) South
(iii) East
(iv) West
(f) Sketch enclosed : Yes /No
5
Date
of
unauthorized
occupation
5
6
Purpose of unauthorized
occupation
7
Particulars
of
unauthorized occupation
of Government land by
any other members of the
family of the applicant for
coffee cultivation
Name and
address
Relationship
to the
applicant
(a) Village:
(b) Taluk:
(c) Survey Number:
(d) Extent: Acres------ Guntas------
(e) Boundaries:
(i) North
(ii) South
(iii) East
(iv) West
Date of
unauthorized
occupation
I hereby undertake that I shall abide by all the conditions that may be
imposed while granting lease of the above land as per the provisions of rule 19-B
of the Karnataka Land Grant Rules, 1969.
Place:
Date:
Signature of the applicant
ACKNOWLEDGEMENT
Reg. No. ___________________Dated: ________________ Received an application from
Sri/Smt __________________________________________ for leasing of plantation crop
land in Survey No.__________of village _____________ Hobli___________________ of
Taluk________________Distirct_______________.
Receiving Clerk in the office with seal.
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FORM X
[See sub-rule (6) of 19-B]
Form of lease deed for temporary occupation of State Government Land for
Cultivation of Plantation Crops.
This
deed
of
lease
made
this
on……………………….day
of………………….Two thousand and …………….between the Governor of Karnataka
(which expression shall include his successors in office and assigns) of the one part
and …………………residing at …………………..hereinafter called “the lessee” (which
expression shall include his heirs, executors, administrators, legal representatives)
of the other part witness as follows:
The Governor of Karnataka hereby grants the land described in the
Schedule
below
on
lease
to
Sri/Smt.................................................................................................................
...................(name and address of the lessee) for temporary occupation for a period
thirty years and on expiry of this period the shall be resumed to the Government
subject to the following terms and conditions to which the aforesaid lessee has
agreed,-
1. The lessee shall use the land leased for the purpose of plantation cultivation only;
2. The lease is liable to cancellation if it be found that it was grossly inequitable or was
made under a mistake of fact or owing misrepresentation or fraud or that there was
irregularity in the procedure;
3. In the event of such cancellation of the lease, the lessee shall not be entitled to
compensation or any loss caused to him by the cancellation;
4. The lessee shall not do any act which is destructive or permanently injurious to the
land;
5. The land shall be cultivated personally or by the members of the family of the lessee;
6. The land shall not be used for political meetings;
7. The lessee shall permit the Government officials with or without workmen at any
time to inspect the lands aforesaid to view the condition and state thereof;
8. The lessee shall not assign or underlet the benefits arising under this lease or any
part thereof without the previous written permission of the Government,-
(a) The Government reserve to the right to all sandalwood trees and their branches
and roots which exist at the time of lease (which is described in the schedule
attached) as well as those which may grow subsequently on the lands leased and
the Government shall be at liberty to cut or dig out any such trees or their roots
and branches and remove them from the land in question and dispose of them
at their pleasure. The lessee shall not be entitled to cut or remove them or cause
them to cut or removed without the permission of the Deputy Commissioner;
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(b) The lessee shall take all reasonable measures to the satisfaction of the Deputy
Commissioner for the protection of the sandalwood trees from theft or damage
and for the careful protection of the immature trees growing on the land;
(c) The lessee shall take steps to see that marks made by the officers of the
Government on the sandalwood trees are preserved and are not tampered with;
and
(d) In the event of the infringement of, or failure to observe any of the conditions
specified sub-item (a), (b) or (c) above, the lessee shall pay to the Government
such compensation as is determined by the Deputy Commissioner for any loans
or damage caused by such infringement or failure on his part. The Government
shall also be at liberty to cancel the lease and re-enter on the land and the whole
and shall thereupon vest absolutely in the Government. In that case the lessee
shall not be entitled to any compensation whatever.
9. The lessee shall not erect any buildings, fences or structures of a permanent or
temporary character on the land without the previous written sanction of the
Government.
10. The lessee shall not cut any live trees without the previous permission of the Deputy
Commissioner. The withered and wind-fallen trees shall also be the property of the
Government and shall be handed over to the concerened Village Accountant.
11. The sale-proceeds of withered and wind fallen trees and those cut under condition
(8) shall be credited to the Government.
12. The lessee shall have no rights whatsoever to any trees standing on the land or to
their usufruct.
13. The usufruct of the trees may be leased out in auction by the officers of the
Government according to the practice obtaining in the district and the lessee shall
allow a right of passage to persons to whom the usufruct of the trees is so granted
by the Government.
14. The lessee shall not without the previous written sanction of the Deputy
Commissioner permit any person to use the land or any structure thereon or any
portion of the land or structure except as provided in condition (1).
15. The lessee shall on the termination or revocation of this lease, restore the said land
to the Government in as good condition as is consistent with the foregoing
conditions.
16. The lessee shall be answerable to the Government for all or any injury or damage
done to the said land and other property of Government thereon except as is
permitted by the foregoing conditions.
17. The lease hereby given may be revoked by the Deputy Commissioner acting on behalf
of the Governor of Karnataka, after giving (………….) month’s notice in writing and
shall be terminable by the lessee by giving to the Deputy Commissioner ……………
month’s notice in writing without prejudice to any right of action or remedy of the
Government in respect of any antecedent breach of any of the foregoing conditions.
The lessee shall not in case of such revocation or termination be entitled to any
compensation in respect of any structures on the land or any improvements effected
8
by him to the land or for the loss caused by the interruption of his occupation but
he may, before the revocation or termination of the lease takes effect or if the lease
is revoked without notice within such time as may be allowed by the Deputy
Commissioner in that behalf, remove such structures.
18. If any dispute or difference shall at any time hereafter arise between the Government
or their officers, on the one part and the lessee as to the rights, duties or liabilities
of either party in respect of any matter or thing relating to or arising out of the lease
or the construction or the meaning of all or any of the provisions herein contained
the said dispute or difference shall be referred for settlement to the arbitration of the
Deputy Commissioner for the time being and his decision be final.
19. The lease includes all rights, easements and appurtenances belonging to the land or
purported to belong to it or usually held or enjoyed with it. The existing and
customary rights of Government and the public in roads and paths and rivers,
streams and channels running through or bounding the land and the right of
Government to the mines and quarries, adjacent to the land or however reserved and
are in no way affected by the lease.
SCHEDULE
District
Taluk
Town or
Village
Survey
number
Area
acres/guntas
Boundaries
N.S.E.W.
(1)
(2)
(3)
(4)
(5)
(6)
In witness whereof (name and designation) acting for and on behalf of and by the
order and direction of the Governor of Karnataka and the lessee aforesaid have hereunto
set their hands this ons………………day of……… Two thousand................
Signed by
Aforesaid
In the presence of, -
1.
2.
Signed by
In the presence of,-
1.
2.
Tahsiladar
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Date: 2023.05.20 12:20:39 +05'30'