ACTS AND RULES: OTHER ACTS

ABSTRACT OF KARNATAKA LAND GRANT RULES, 1969

BEARING ON REGISTRATION OF DOCUMENTS

Rule - 9. Conditions of grant. (1) The grant of lands under these rules for agricultural purposes shall be subject to the following conditions namely.-

(i) the grantee shall not alienate the land for a period of fifteen years from the date of taking possession:

Provided that he may, after a period of five years, with the previous permission of, and subject to the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (Karnataka Act 2 of 1979), and such conditions as may be specified by the Deputy Commissioner, alienate the whole or any portion of such land. But however, the Deputy Commissioner shall not grant such permission unless he is satisfied that the alienation is for the purpose of acquiring other land or for improving the remaining land and the grantee credits to Government an amount equal to fifty per cent of the market value of such land as on the date of sanction of such alienation as determined by the Deputy Commissioner.

Provided that no person who has obtained permission to alienate land under the rule shall, notwithstanding the provisions of Rule 4 be eligible for grant of any Government Land.

(ii) the land granted shall be brought under cultivation within three years from the date of taking possession:

Provided that the Deputy Commissioner, may, if he is satisfied that the grantee could not do so for bona fide reasons extend the aforesaid period upto 5 years;

(iii) the grantee shall cultivate the land personally;

(iiia) where the land is granted for coffee cultivation the grantee shall apply within the period specified in Section 14 of the Coffee Act, 1942 (Central Act 7 of 1942) to the Registering Officer appointed under the said section to be registered as an owner of such land

(iv) the land shall not be appropriated for any purpose other than that for which it was granted, except with the prior approval of the Granting Authority who may grant such permission subject to such conditions as he may consider proper and subject to payment of additional upset price as he may consider fit provided the conversion is for a non-agricultural purpose and the price is within the maximum specified in Rule 12;

(iva) the grantee shall within a period of one year from the date of his taking possession of the granted land plant and maintain not less than one tree per every 10 (ten) acres of land or ten trees per hectare of land, at his cost.

In case the tree/trees planted were to die or get damaged due to causes beyond his control, he shall replant in its place another tree/trees and rear them

(v) for contravention of any of the above conditions the grant shall be liable to be cancelled and resumed to Government free from all encumbrances by the authority granting the land:

Provided that before cancelling the grant, the grantee is afforded with an opportunity of being heard. Provided further that where the grant has been cancelled for non-payment of upset price, the Deputy Commissioner may restore the grant on payment of upset price with a penalty of 10 per cent of the upset price, within a period of 2 years after the grant if the land in question has not been disposed of otherwise.

(2) The following shall not be regarded as alienation for purposes of sub-rule (1).-

(a) mortgage of the land in favour of State Government or a Co-operative Society or the Indian Coffee Board or a Scheduled Bank or the Agricultural Refinancing Corporation or the Karnataka State Agro Industries Corporation for loans obtained for improvement of such land or for buying cattle or agricultural implements for the cultivation of such land; and

(b) leasing of the land in accordance with the provisions of the Karnataka Land Reforms Act, 1961.

(3) The grant of lands other than building sites under these rules, for non-agricultural purposes shall be subject to the following conditions, namely. -

(i) the land shall be utilised for the purpose for which it was granted within two years from the date of taking possession:

Provided that the authority granting the land may, if satisfied, that the grantee could not for bonafide reasons utilise the land within the said period, by order, in writing, extend the time for a further period not exceeding two years;

(ii) the land shall not be appropriated for any purpose other than that for which it was granted except with the prior approval of the Granting Authority who may grant such permission subject to such conditions as he may consider proper and fit;

(iii) for contravention of any of the above conditions, the grant shall be liable to be cancelled and resumed by the Granting authority, free from all encumbrances and without payment of any compensation.