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GOVERNMENT OF KARNATAKA

No.RD 37 LGP 2002 Karnataka Government Secretariat


M.S.Building
Bangalore, Dated: 22-2-2005

NOTIFICATION -II

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 by section 197 of the Karnataka
Land Revenue Act, 1964 (Karnataka Act 12 of 1964) is hereby published
as required by sub-section (1) of the said section for the information of all
persons likely to be affected thereby and notice is given that the said draft
will be taken into consideration after thirty 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, Vth Floor, IInd Stage,
Multistoried Building, Dr. B.R.Ambedkar Veedhi, Bangalore- 560 001.

DRAFT RULES

1) Short title and commencement:- (1) These rules may be called


the Karnataka Land Grant (Amendment) Rules 2004.

(2) They shall come into force from the date of their publication in
the Official Gazette.
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2.Substitution of rule 7:- For rule 7 of the Karnataka Land Grant


Rules, 1969 (hereinafter referred to as the said rules), the following shall
be substituted, namely:-

“7. Extent of land to be granted:- (1) Subject to the provisions of


rule 108-I of the Karnataka Land Revenue Rules, 1966,-

(i) the Deputy Commissioner shall be competent to grant land for


agricultural purposes other than cultivation of plantation crops not
exceeding one hectare of dry land and half hectare of wet land or garden
land including present holdings:

( ii) the Deputy Commissioner of a district shall be competent to


grant land for the purpose of cultivation of plantation crops not exceeding
two hectares
including present holdings.

(iii) the Deputy Commissioner may subject to the provisions of


sub-rule (3) of rule 10 of the Karnataka Land Grant Rules, 1969, grant
land for non-agricultural purposes other than building sites not exceeding
half hectare subject to the collection of market value and conversion fee
to be determined by him.

(2) Any case for grant of land in excess of the extent specified in
sub-clauses (i), (ii) and (iii) the proposals shall be submitted to
government for sanction:

Provided that notwithstanding anything contained in these rules the


extent of land that may be granted for agricultural purposes other than
cultivation of plantation crops to any individual under this rule shall not
exceed two hectares of dry land or one hectare of wet or garden land as
the case may be:

Provided further that the extent of land that may be granted for the
purpose of cultivation of plantation crops to any individual under this
rule shall not exceed four hectares.”

3.Amendment of rule 9:- In sub-rule (1) of rule 9 of the said


rules,-

(i) for the words “ for agricultural purposes” the words


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“for agricultural purposes shall be jointly in the name of


husband and wife and’’ shall be substituted;

(ii) in clause (i), for the words “ fifteen years’’ the words
“ twenty-five years’’ shall be substituted.

4. Amendment of rule 10,- In sub-rule (3) of rule 10 of the said


rules, for the words, figures and brackets “ Rules 7(3) and`` the words,
figures and brackets “ clause (iii) of sub-rule(1) of rule 7 and rule’’ shall
be substituted.

5. Amendment of rule 12: In sub-rule (5) of rule 12 of the said


rules, for the words and figures `` upto 3.2 hectares of dry land or 1.6
hectares `` the words and figures `` upto 2 hectares of dry land or
1 hectare `` shall be substituted.

6. Amendment of Rule 17: In rule 17 of the said rule, for the


words ``not exceeding five hectares `` the words ``not exceeding four
hectares`` shall be substituted.
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7. Amendment of Rule 19:- In rule 19 of the said rules, sub-rule
(5) shall be renumbered as sub-rule (6) and before sub-rule (5) is so
renumbered the following shall be inserted, namely:-

``(5) lease of land to be granted to the educational institutions in


clause (a) of sub-rule (1) shall be subject to the following conditions,
namely:-

(i) no land shall be leased to any educational institution which is


not recognized and which is not in existence atleast five years prior to the
date of filing of application for lease of land and the institution charging
capitation fee or any other fee towards cost of education or service
offered by it.

Explanation,- Capitation fee means the capitation fee as defined in


clause (b) of section 2 of the Karnataka Educational Institutions
(Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984).

(ii) application for lease of land from educational institution shall


be accompanied by audited statement of accounts and annual reports for
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a period of five years immediately prior to the date of application in
proof of their satisfactory functioning``.

8. Substitution of rule 21,- For rule 21 of the said rules, the


following shall be substituted, namely:-

``21. Grant of land to religious and charitable institutions.-


Notwithstanding anything contained in these rules, the Deputy
Commissioner with the prior approval of the government may grant lands
to religious and charitable institutions subject to the following conditions,
namely:-

(i) the extent of land to be granted shall be assessed keeping in


view of the purpose of grant, the present financial condition and the
capability of the institution taking into account the scarcity of the
available lands. No land shall be granted in excess of the immediate
requirement of the institution concerned.

(ii) while fixing the price of land to be granted for non-agricultural


purposes the following conditions shall be allowed, namely:-

(a) no concession in the price of land shall be given to any


institution:

Provided that an institutions run purely for religious and charitable


purpose such as temples, leprosy treatment centre, old age homes,
orphanage and homes for physically and mentally challenged persons
etc., without collecting any fee or service charges may be granted land
under this proviso at fifty percent of the market value or guidance value
whichever is higher on application made by the institution concerned.
The application for concession shall be accompanied with supporting
documents for a period of five years immediately prior to the date of
application in proof of their satisfactory functioning.``

9. Amendment of rule 25,- Rule 25 excluding the proviso shall be


renumbered as sub-rule (1) thereof and after sub-rule (1) as so
renumbered, the following shall be inserted, namely:-

``(2) Where any violation of the condition of grant or lease of land


comes or is brought to the notice of a revenue officer, such officer shall
forthwith report the violation to the officer competent to cancel the grant
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or lease as the case may be. The competent officer shall after giving the
grantee or lessee an opportunity to be heard cancel the grant and resume
the land to the Government free from all encumbrances.``

By Order and in the name of the


Governor of Karnataka

(N.A.Margaret)
Under Secretary to Government
Revenue Department(Land Grants-1)
To:
The Compiler, Karnataka Gazette, Bangalore with a request to publish
the same in the Ex-ordinary Gazette dated 23-2-2005 and to supply 500
copies to Land Grant Section-1, Room No.625, 6th Floor, M.S.Building,
Bangalore-560 001.
Copy to:
1) Secretary to Government, Department of Law and Parliamentary
Affairs, Vidhana Soudha,Bangalore.
2) Secretary to Chief Minister, Vidhana Soudha, Bangalore.
3) All Deputy Commissioners
4) All Assistant Commissioner.
5) All Tahsildars
6) Private Secretary to Hon`ble Minister for Revenue
7) P.S. to Revenue Secretary, Revenue Department
9) P.A.to Revenue Secretary, Land Reforms, Revenue Department
10)Special Cell/KAT Section/ Land Reforms Section, Revenue
Department
11) Cabinet Section – with reference to decision of the Cabinet vide
No.C.27/2005 dated 17.02.2005.
12) Weekly Gazette, 13) All Land Grant Sections.
14) Section Guard File
15) Web site.