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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.
-22.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:rules,(i) for the words “ for agricultural purposes” the words In sub-rule (1) of rule 9 of the said
-3“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. g 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
-4a 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
-5or 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.
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