All lands held by or in possession of tenants as on 1-3-74 other than those held by them under leases permitted under Sec.5 of the Karnataka Land Reforms Act 1961 have stood transferred to and vested in Government from 1-3-1974. All right, title and interest vesting in the owners of such lands and other persons interested in such lands, have ceased; and these are vested absolutely in the State Government free from all encumbrances (Sec. 44). These lands will ultimately be given to the tenants under the procedure laid down for the registration of tenants as occupants. There is an interval between devestment of the ex-land-lord and the registration of the ex-tenant. It is clear that during this interval neither the ex-landlord nor the ex-tenant (or sub-tenant) in actual occupation of the land, has any right of transfer of such land.
There are various ways in which lands become vested in Government under the Land Reforms Law. For instance lands in excess of the ceiling come to Government after the fulfillment of the due procedure. Disposal of all such lands is provided for under Sec. 77.
If a tenant holding land from a date prior to 1-3-74 is not entitled to be registered as an occupant or his right to become occupant becomes in-effective, such land will be brought under the surplus land pool and disposed of under Sec.77 (Sec. 59). When a tenant registered as an occupant fails to cultivate the land personally for three consecutive years he is to be evicted and the land is to be disposed of under Sec. 77 (Sec. 60).
Where a tenant has become occupant of a land, under the Land Reforms Act, he is prohibited from transferring such land for a period of six years from the date of issue of certificate under Sec. 55 by the Tahsildar. If such tenant desires to give up personal cultivation of the land of which he has been registered as an occupant, within six years of registration, he has to surrender such land to Government and get refund of the amount paid therefore under Sec. 72.
All the above provisions which mainly relate to the lands under lease as on 1-3-1974 and which have vested of will vest in Government should be specifically brought to the notice of the landlords and tenants by publicity at village level through all possible local media including Village Panchayats, Block Development Offices, Agricultural Extension Centers etc.
Chapter V of the Land Reforms Act contains the various restrictions on the holding or transfer of agricultural lands. Those who are specifically barred from holding agricultural lands are indicated below-
1. Non-cultivating persons.
2. Institutions not covered by Sec. 63 (7)
3. Companies
4. Associations or other Bodies
5. Co-operative Societies other than Co-operative forms
Persons having more than Rs. 12,000/- annual assured income from sources other than agriculture are barred from acquiring land after 1-3-1974.
Sec. 80 specifically bars sales of agricultural lands to non-agriculturists. Where lands under self-occupation are within the ceiling area fixed under Section 66 they can be transferred to someone who is entitled to hold it or acquire it, under the provisions mentioned above. If the transferee is an agriculturist who is a self-cultivator he must be one holding less than the ceiling area. Even so the transfer can only take place provided the purchaser's holding after the purchase does not exceed the ceiling area. Even future acquisition of land by way of inheritance, bequest etc. by a person already holding land up to the ceiling limit on 1-3-1974 is prohibited by Section 64. Lands so acquired are to be declared and surrendered to Government.
The Assistant Commissioner of the Sub-division is the authority empowered to enquire into illegal transactions under the Land Reforms Act and make a declaration that any particular transaction is in contravention of the provisions of the provisions of the Act, on such declaration the transaction shall be null and void and the land in respect of which such transaction has taken place shall be forfeited to and vest in the State Government. No amount shall be payable therefore.
From 1-3-1974 restrictions on alienation of holdings by persons owning land in excess of the ceiling limit fixed under the Karnataka Land Reforms (Amendment) Act, 1973 have come into operator and any alienation which prima face appears to be in contravention of the Land Reforms Law has to be dealt with under Sec. 83.
Penalties for the various offences under the Law are provided in Sec. 125 of the said Act.
All the Village Accountants and the local Revenue Officers should be suitably educated by the Tahsildars on these provisions of the Land Reforms Act and they in turn should be asked to a devise the Agriculturists appropriately.
Sunday, 20 January, 2008
LAND REFORMS ACT AND - Alienation of Agricultural lands
Inquiry regarding illegal transactions regarding Section 83 of the Karnataka Land Reforms Act, 1961
Sl No 8
Circular Number RD 339 LRM 74
Date 12/24/74
Section Land Reforms
Subject Inquiry regarding illegal transactions regarding
Body GOVERNMENT OF KARNATAKA
No. RD 339 LRM 74 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated: 24th December 1974.
C I R C U L A R
Sub: Inquiry regarding illegal transactions regarding.
Under Section 83 of the Karnataka Land Reforms Act, 1961, the prescribed authority shall, after a summary inquiry, determine whether the transaction reported to it under section 82 or coming to its notice in any other manner is in declaration of the provisions of this act, and make a declaration accordingly. Any transaction so declared to be in contravention of any of the provisions of this act shall be NULL AND VOID. But it has been brought to the notice of the Government that some of the Assistant Commissioners functioning as "prescribed authority" enter Section 83 are dismissing complaints preferred before them by private persons about the transactions contravening Section 80 of the Land Reforms Act on the ground that the persons who preferred the complaint have failed to appear and prosecute the application. This procedure is not correct. The prescribed authority has to take action on the basis of any information received by it form any source and it cannot dismiss the complaints and close the proceedings on the ground that the complaints has defaulted to put in appearance. When once the Assistant Commissioner has received information from any source that a particular transaction contravenes the provisions of the Land Reforms Act, the proceedings can be closed only after he has examined the merits of the case and come to the conclusion either that the transaction is 'null and void' being in contravention of the provisions of the Act or that there has been no contravention of the provisions of the Act. After the amendment of Section 83 which has come into force on 01.03.1974, all land involved in Transactions and declared as null and void by the prescribed authority shall be forfeited to and vest in Government. Hence, it is the Government which is ultimately interested in getting the transaction declared as null and void.
(N.B.Sakharadande)
Asst. Spl. Officer for L.R. & Ex-officio
Under Secy. to Govt. Rev. Dept.
Implementation of Sec.79A and 79B of Karnataka Land Reforms Act.
Sl No 1175
Circular Number RD 94 LRM 38
Date 06/09/88
Section Land Reforms
Subject Implementation of Sec.79A and 79B of Karnataka Land Reforms Act.
Body GOVERNMENT OF KARNATAKA
No.RD 94 LRM 38 Karnataka Government Secretariat,
M.S.Building, III Stage, Vth Floor,
Bangalore, dated 9th June, 1988
CIRCULAR
Sub: Implementation of Sec.79A and 79B of Karnataka Land Reforms Act.
-------------
While inspecting some of the Taluka Offices in Bangalore District, the Special Cell in Revenue Department has observed that cases involving violations of Section 79A of the Karnataka Land Reforms Act were detected on the basis of entries made in the mutation registers and notices were accordingly issued to the parties asking them to file their declarations under section 79A(4). In many if these cases although the parties had not responded to the notices, and the Tahsildars have levied a penalty of Rs.500/- ex-parte and then forwarded the papers to Assistant Commissioner for taking further action under section 83 of the Act. At the Assistant Commissioner's level also ex-parte orders have been passed forfeiting the properties invloved in such cases in favour of the Government. At no level therefore has any authority taken due care to verify whether there is in fact any violation of the provisions of section 79A.
It is further observed that there is a good deal of confusion is understanding the relevant provisions of the Act. Section 79A(4) Stipulates that persons acquiring land in violation of the provisions of the Karnataka Land Reforms Act should declare the same to the Tahsildar. However the consequences of filing such a declaration are such as to act as a deterrent to this course of action. On the other hand at the time of registering the transaction itself the party should have filed a declaration to the effect that provisions of the Karnataka Land Reforms Act have not been violated therby keeping these aspect in view, all such cases should be dealt with under section 32 of the Act after examining the legality or otherwise of the transaction in the first instance. This examination should be done by the revenue Inspector/Shoristedar at the time of certifying the concerned mutation entry itself. Further more filing of the declaration should be insisted upon when the parties claim to have acquired the land by inher Thus the Revenue Inspector should maintain a separate register for recording all these illegal transactions and send a report every month of these fresh cases to the Tahsildar for appropriate action. He should also maintain a register showing the declaration. He should also maintain acquiring land by inheritance. The proformae for both these registers are given in the annexure.
It is observed that efforts have also not been made to identify the violations of section 79B of the Act. The Tahsildar should therefore prepare a list of all institutions and associations functioning in his taluks, village wise and verify whether they own any agricultural lands. If any of them are found to have not filed the prescribed declarations under section 79A(4) either before the Land Tribunal or Deputy Commissioner, a notice should promptly issued asking them to do the needful. After the declarations are filed, the Tahsildar should conduct an inquiry Under Rules 31 of the Karnataka Land Reforms Rules and send the papers to Deputy Commissioner for necessary action.
In certain cases it has been observed that when the Tahsildar issued notices to them to file declaration under saction 79A(4), the parties produced orders issued by the Assistant Commissioners granting them permission to purchase lands under section 80 of the karnataka Land Reforms Act. One of the conditions imposed while granting such permission was that the party must take up agriculture within a year and that if he gives up agriculture within 5 years, the land will vest in Government. Yet it is further observed that in many of such cases, the parties have succeeded in getting the lands converted for non-agricultural use immediately after the purchase in violation of the conditions imposed while granting the permission to purchase agricultural lands. Therefore, it is quite essential that the Assistant Commissioner maintains a register for recording all those cases where permissions are granted under section 80 of the Karnataka Land Reforms Act and closely watches the ulilizations of the land for the purpose for which permission is granted. If the land is not being used for the purpose for which permission was granted, the Assistant Commissioner should immediately proceed to cancel the said permission and resume the land to Government. The proforma for this register is also suggested in the annexure.
The lapous and discrupanclus pointed out above have accept in, in view of the fact that this particular item of work is not being maintained by superior officers like Assistant Commissioners/Deputy Commissioner/Divisional Commissioners and ther has been no proper guidance imparted to the Tahsildars and lower level officers in this respect. By not inspecting this item of work mistakes committed un-wittingly go corrected and cases which are deliberately committed remain undetected.
It is felt that many more such lapses and discrepancius are likely to surface if detailed inspections are carried out in all the Districts. The Divisional Commissioners and Deputy Commissioners and therefore requested to see that the above observations are duly noted and these instructions are carried out faithfully by all concerned, by making the scrutiny of these registers and the follow up action taken thereon a regular part of their inspection programmes from now onwards.
(J.ALEXANDER)
Revenue Commissioner.
Eviction of unauthorised occupation of certain lands LIKE village Forests, Devarakadus, Uruduve, Gunduthopu, Tankbed, Phut Kharab, Kharab Halla,ETC
Sl No 401
Circular Number RD 91 LGP 92
Date 05/22/93
Section Land Grants
Subject Eviction of unauthorised occupation of certain lands – Instructions regarding.
Body GOVERNMENT OF KARNATAKA
No. RD 91 LGP 92 Karnataka Government Secretariat,
M. S. Building, Bangalore, Dated : 22nd May 1976.
C I R C U L A R
Sub: Eviction of unauthorised occupation of certain lands – Instructions regarding.
Government have from time to time issued instructions that lands specifically assigned for public purposes and lands meant for the common use of the village should not be allowed to be unauthorisedly occupied by any person. If there is any unauthorised occupation of such lands then the same shall be ruthlessly removed by following the due procedure of law and imposing the punishment provided under the law.
2. It has come to the notice of the Government that the Revenue Authorities have not followed the instructions of Government in letter and spirit, resulting in unauthorised occupation of such lands and requests of such unauthorised occupants for grant or regularisation of the same. In several cases, such lands have also lost their original characteristics because of unhindered unauthorised occupation.
3. It is hereby reiterated that lands such as village Forests, Devarakadus, Uruduve, Gunduthopu, Tankbed, Phut Kharab, Kharab Halla, Date-reserve, Burial grounds and the like assigned for special purposes under Section 71 of the Karnataka Land Revenue Act or vested with the Panchayath for the common use of the villagers, shall not be granted or regularised and the Government has no intention to even regularise unauthorised occupation occurring in such lands. Even Rule 108I of the Karnataka Land Revenue Rules relating to the regularisation Scheme brought into force by Government under Section 94A of the Karnataka Land Revenue Act, 1964 prohibits regularisation of unauthorised occupation in such lands. As unauthorised occupation in the above said lands cannot be regularised, the Revenue Authoritics shall take prompt necessary action for eviction of unauthorised occupation by following the due procedure laid down under the law. Any lapses in this regard shall be viewed seriously by the Government.
(C. T. BENJAMIN)
Commissioner & Secretary to Government,
Revenue Department.
Grant of GOVERNMENT land to private institutions and others guidelines
Sl No 218
Circular Number RD 126 LGP 87
Date 06/30/88
Section Land Grants
Subject Grant of land to private institutions and others guidelines, Reg
Body GOVERNMENT OF KARNATAKA
No. RD 126 LGP 87. Karnataka Government Secretariat,
Multi-Storeyed Building,
IIIrd Stage, 5th Floor, Bangalore, Dated 30th June 1988.
C I R C U L A R
Sub: Grant of land to private institutions and others guidelines, Reg.,
Numerous proposals are being received in Government for grant of land for public purposes to various institutions, It is observed that the proposals are not always scruitinised properly, before being sent to Government thus necessitating avoidable delays and back references. The following guidelines are issued;
(1) As far as possible, available Government lands with in a radius of 10 K.M.s from Bangalore City Corporation limits should be reserved only for the use of state Government or Central Government proposals and such other schemes. These lands shall set be granted or leased to any private institutions/Trusts.
(2) The applicant institution must be registered under the Co-operative Society's Registration Act or under the Registration of Societies Act.
(3) The purposes for which it requires the land should be in accordance with its by laws and a copy of the Societies bye laws along with with audited statement of accounts should be submitted. The Scheme for development of the land along with proposed utilisation thereof accounts should be submitted. The Scheme for development of the land along with proposed utilisation thereof and the funds available for the purpose should verified.
(4) The classification of the land proposed for grant should be indicated clearly along with extracts of the necessary records. In cases where Gomal is proposed to be granted, it should be clearly mentioned whether the gomal is sufficient for village cattle. If there is insufficient gomal, whether there are any alternative arrangements for grazing of the village cattle. The opinion of the Mandal Panchayat should also be obtained for reducing the Gomal land through a resolution of the Mandal Panchayat. In case of other Government lands the relevant provision of the rules should be made applicable.
(5) Whether the land applied for falls under Green Belt should be clearly indicated;
(6) Present market value with reference to the sale statis available in the sub-registrar's office should be stated.
(7) An upto date list of members of the Society/Institution should be furnished.
(8) Financial position of the Society/Institution.
(9) In case of educational institution, a copy of the certificate of grant issued by Education Department should be enclosed.
(10) A copy of the current years audit report should be enclosed.
(11) Approved Plans and Estimates of the proposed constructions should be enclosed.
(12) The extent of land already in their possession should be indicated.
(13) The genuine need of the institution/ trust and the extent of land actually required.
(14) The actual pattern of utilisation contomplated within a prescribed time limit.
(15) The extent to which the institution or trust is catering to the poor and economically weaker sections, specially the SC & ST's. In other words the socio-economic purpose that is being served by the concerned institution and to what extent the lease/ grant of land is required to promoto this function.
(16) Consent of the institution to pay the market value
(17) All such proposals shall be examined by the Deputy Commissioner and routed through the Divisional Commissioner.
The Deputy Commissioners of Districts are requested to see that the above particulars are obtained and scrutinised before taking action to sanction the land to the institutions, wherever the approval of Government is necessary the above said particulars should be furnished invariably along with their specific recommendation for grant or otherwise.
A check list of the various items to be scrutinised is also enclosed which should invariably be sent along with the proposals submitted to Government in future.
(BETTAVEERAIAH)
Under Secretary to Government,
Revenue Department.
Restrictions regarding grant of land in and around big cities for agricultural and non-agricultural purposes.
Sl No 429
Circular Number RD 504 LGB 73
Date 12/04/73
Section Land Grants
Subject Restrictions regarding grant of land in and around big cities for agricultural and non-agricultural purposes.
Body GOVERNMENT OF KARNATAKA
No. RD 504 LGB 73. Karnataka Government Secretariat,
"Vidhana Soudha,"
Bangalore, dated: 4th December 1973.
From
The Secretary to the Government of Karnataka,
Revenue Department.
To
The Divisional Commissioner,
Bangalore Division,
Bangalore.
Sirs,
Sub:- Restrictions regarding grant of land in and around big cities for agricultural and non-agricultural purposes.
Ref:- Govt. Letter no. RD 113 GNA 70 dated 27-7-1970.
The Karnataka Land Grant Rules, 1969, impose certain restrictions on the disposal of lands in and around big cities. Notwithstanding this prohibition, recommendations are made for grant of lands relaxing the rules. The intention of prohibit-ing the assignment of lands within certain limits of big cities is to have a planned development of the city and to reserve lands required for Government and public purposes. Government, therefore direct that proposals for assignment of lands within the prohibited areas should not be sent to Government for assignment in relaxation of rules hereafter. The Deputy Commissioners may be directed to list out the available Government lands in and around big cities and send the list to Government for reference. After preparing such a list, the land use as per the outline development plan if any will have to be ascertained from the Town Planning Authority concerned, and Government addressed to transfer all Government lands in the Industrial Zone to the Karnataka Industrial Area Development Board and lands in residential zones will have to be made available to the Municipality/Corporation after reserving extents earmarked for Government Offices and quarters. This will have to be done expeditiously to avoid further deviation in the use of the lands for any other purpose.
If any of the area within the prohibited limits is under u-nauthorised occupation and applications for regularisation of the same u-nder the 1970 Rules are pending before the local Officers, they may be directed to dispose off the same expeditiously and pass final orders rejecting the confirmation so that the legal action can be taken to evict them from such lands.
Yours faithfully,
Sd/-
(H. Marigowda)
Under Secretary to Government,
Revenue Department,
DATE GROVE LANDS ARE FOREST RESERVE LANDS
Circular Number RD 93 LGP 78
Date 07/19/78
Section Land Grants
Subject Declaration of Date Reserve Land as Forest Reserve Lands under Section 71 of the Karnataka Land Revenue Act, 1964
Body GOVERNMENT OF KARNATAKA
No. RD 93 LGP 78. Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated : 19th July 1978.
C I R C U L A R
Sub: Declaration of Date Reserve Land as Forest Reserve Lands under Section 71 of the Karnataka Land Revenue Act, 1964.
A decision has been taken by the Home Department in consultation with the Revenue Department as well as the Forest Department to declare "the Date Grove Lands" under Section 71 of the Karnataka Land Revenue Act, 1964. After such declaration the Forest Department will declare these lands as protected Forest under Section 33(4) of the Karnataka Forest Act, 1963.
Hence, the Deputy Commissioners are requested to take necessary action to complete the work of notifying Date Grove Lands as Forest Reserve Lands under Section 71 of the Karnataka Land Revenue Act, 1964 urgently and to furnish those copies of Notifications to the Secretary to Government of Karnataka, Food & Forest Department and Home Department and ton the Chief Conservator of Forests (General), Bangalore.
This may be treated as urgent.
(M. MALLAIAH),
Under Secretary to Government,
Revenue Department.
GOVT CIRCULAR TO PREVENT ENCROACHMENT OF TANK BEDS NEEDS STRICT IMPLEMENTATION
Sl No 208
Circular Number RD 14 LGP 84
Date 01/17/84
Section Land Grants
Subject Encroachment of Tank-beds – Preventive action to be taken
Body GOVERNMENT OF KARNATAKA
No. RD 14 LGP 84 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated 17th January 1984.
C I R C U L A R
Sub: Encroachment of Tank-beds – Preventive action to be taken
Ref: Govt. O. M. No. RD 36 LGP 83, dated 25th June 1983
- - -
In the official Memorandum referred to above, instructions have been issued by Government as to the measures to be taken by the Field Revenue Officers to prevent fresh encroachments on Government lands. It has been made clear therein that fresh encroachments upon Government lands should not be allowed with effect from 1st July 1983 and that the concerned Field Officer will be held personally responsible for the same.
2. However, it has now come to the notice of Government that large scale encroachments are still taking place on Government lands and particularly tank beds. These encroachers seem to have been emboldened by the recent Government decision to regularise encroachments, as reported in the news papers. The question of regularisation of encroachments on tank-beds and other places will be on merits of each case and within the framework of Land Grant Rules. Wholesale regularisation of encroachments on tank-beds (or other Government lands) is never envisaged. Only if the tank is out of commission or if it is breached, after following due process only such cases of encroachment will be considered for regularisation on merits after obtaining the technical opinion of the Public Works Department.
3. To stress the point, it may be repeated that all encroachments on tank beds will not be automatically considered for regularisation. Hence, Government reiterate that no fresh encroachments should be allowed to take place on tank-beds in particular and also on other Government lands in general. Fresh encroachers of tank-beds and other Government lands should be dealt with severely and prompt action should be taken to evict such encroachers from the tank-beds.
4. The Divisional Commissioners of the Divisions and the Deputy Commissioners of Districts are requested to issue suitable instructions to all the Revenue officers/officials under their control and to ensure that no fresh encroachments take place on tank-beds in particular and other Government lands in general. The field officers should be held personally responsible if fresh encroachments take place and they should be dealt with severely for any slackness or laxity in this regard.
5. The receipt of this Circular should be acknowledged.
(S. VENKATESH)
Revenue Commissioner &
Secretary to Government,
Revenue Department .
GOVERNMENT CIRCULAR ON GOMAL LANDS NEEDS STRICT IMPLEMENTATION
Sl No 518
Circular Number RD 84 LGP 74.
Date 12/01/74
Section Land Grants
Subject Gomal and other Government lands vested in the Local Bodies – Unauthorised occupation and disposal – instructions reg –
Body GOVERNMENT OF KARNATAKA
No. RD 84 LGP 74. Karnataka Government Secretariat,
VIDHANA SOUDHA,
Bangalore, dt Dec . 74
CIRCULAR
Sub :- Gomal and other Government lands vested in the Local Bodies – Unauthorised occupation and disposal – instructions reg –
It has come to the notice of the Government that Gomal and other Government lands vested in the Local Bodies, specially the village Panchayats, are being granted to individuals, often with the connivance of the Local Revenue Officers. It has also come to the notice of the Government that unauthorised occupation of lands by the well-to-do agriculturists are also being regularised by local revenue officers. Such action is contrary to the rules (the Karnataka Panchayats ( Acquisition and Transfer of Moveable and Immovable Property ) Rules 1960 and the corresponding rules applicable to Taluk Boards ) and a branch of the policy enunciated by the Government from time to time.
It is, therefore, impressed upon the Divisional Commissioners of the Divisions and the Deputy Commissioners of the Districts to warn all revenue staff under them against such unauthorised disposal of lands by Village Panchayats and Local bodies.
The Deputy Commissioners of the Districts are hereby requested to keep a strict watch over the grants, transfers and regularisation of lands vesting in the Local Bodies, to prevent such illegal grants or regularisation, more particularly those in favour of the affluent sections of society.
( H. Marigowda ),
Under Secretary to Government,
Revenue Department.
PROCEDURE IN REGISTRATIONS AND AFTER EFFECTS
The registering authorities for the purpose of ascertaining whether the document prescribed falls under any of the categories cited at (a) to (f) below is required to call for the documents referred to above from the parties presenting the documents. If they fail to produce the relevant documents in time as specified by the registering authorities, the registering officer may refuse to register the document in accordance with section 22A(2) of the Registration Act, 1908. If the required document are not produced then an endorsement in the prescribed form shall be given to the parties.
The parties presenting the document for registration shall produce all the required relevant information in two sets duly certified as true copies.
The registering officer after registering such documents should send a copy of the registered document to the Tahsildar of their respective jurisdiction with all relevant information, documents, affidavits and evidence collected.
The Tahsildar on receipt of the copy of the document registered and all other relevant information, documents and affidavits received from the Sub-Registrar shall verify the same. If there is any violation of the provisions of the Acts and Rules specified in the Notification No.RD 56 MUNOSA 99 dated 10th May 1999 shall immediately report the matter to the concerned Assistant Commissioner of the Revenue Sub-Division or the Deputy Commissioner of the district as the case may be, and the District Registrar of the District to initiate action in accordance with law to treat the transaction as null and void.
The Assistant Commissioner of the Revenue Sub-Division, the Deputy Commissioner of the district and the District Registrar of the district shall initiate action against the concerned parties presenting the document for registration for furnishing false and fictitious information, in accordance with law.
All the Sub-Registrars in the state are hereby directed not to register the documents in contravention of section 22A of the Registration Act, 1908 and this circular instructions shall strictly be followed. Any violation or irregularity noticed will lead to serious disciplinary action against the officers concerned.
List of documents required to be produced at the time of registration of sale of properties referred to above should be displayed prominently in the Notice Board for the information of the public.
These circular instructions shall be strictly followed. Any violation or lapse on the part of the Tahsildar and the Assistant Commissioners incharge of the Revenue Sub-division would be viewed seriously, leading to disciplinary action against the concerned officers.
The Government have taken serious notice of the violation of the provisions of various Acts/Rules detailed in the Notification No. RD 80 ESM 93 (P) dated 14th February 1994. The Tahsildar, Assistant Commissioners incharge of Revenue Sub-division and the Deputy Commissioners of the Districts are not detecting and preventing land transactions in contravention of the provisions of the various Acts/Rules. They shall verify the relevant documents and registers with the Village Accountants and the Taluk Offices to ascertain the violation of the provisions of the Acts/Rules detailed in the Notification No. RD 56 MUNOSA 99 dated 10th May 1999.
In addition, the Assistant Commissioner should initiate action against the concerned parties for having furnished false affidavits, documents, extracts and other information under the provisions of the Indian Penal Code.
The Assistant Commissioner incharge of the Revenue Sub-Division has to hold the enquiry under Section 83 of the Karnataka Land Reforms Act, 1961 by issuing notices to the concerned parties. After hearing the concerned parties, the Assistant Commissioner incharge of the Revenue Sub-Division has to pass a considered order holding that the sale transaction is null and void. The agricultural land so sold in contravention of Section 61 of the Karnataka Land Reforms Act, 1961 has to be resumed to Government and disposed in accordance with the provisions of Land Grant Rules, 1969.
On receipt of the registered document with its enclosures from the concerned Sub-Registrars, the Tahsildars shall cause verification at their end on the genuineness of the certificates, extracts, documents, affidavits etc., furnished by the concerned parties at the time of registering the documents.
Ref:- Government Notification No. RD 56 MUNOSA 99 Dated:- 10-05-1999.
DOCUMENTS NEEDED FOR REGISTRATION OF AGRICULTURAL LAND
(1) An affidavit stating that the transaction is not violative of the categories mentioned in the Notification Under Section 22A of the Indian Registration Act.
(2) Copy of the RTC of the property involved in the transfer.
(3) Copy of the extract of mutation register regarding the latest mutation of the property.
(4) If the property is a granted land or occupancy rights have been granted under Land Reform Act then NOC from the Tahsildars.
(5) Declaration under Section 81A of the Land Reform Act.
(6) Form No.1 prescribed in the Karnataka Stamp (Prevention of under valuation) rules.
(7) Income Tax Clearance Certificate prescribed under 230 A of the Indian Income Tax Act for properties which are valued at more than five lakhs.
Note:- w.e.f 1-6-2000 production of form no. 34A under section 230A is not necessary as per finance act 2001.
(8) Income Tax Clearance Certificate in Form 37-I prescribed under Section 269 of the Indian Income Tax Act issued by the appropriate authority of the Income Tax Department, if the value of the property is more than Rs.25 lakhs in the prescribed Area
(9) Permanent account No. issued by Income Tax Department or declaration in form 60 or 61 if the value of the property involved in the transaction is more than 5 lakhs, and where the payment is made completely or partially through cash.
DOCUMENTS NEEDED FOR REGISTRATION OF SITES
(1) An affidavit stating that the transaction is not violative of the categories mentioned in the Notification Under Section 22A of the Indian Registration Act.
(2) Extract of assessment register for the purpose of valuation of the property. (Form No.19 in case of Municipal areas or Form No.9 or 10 in case of Panchayat Areas.)
(3) Form No.1 prescribed in the Karnataka Stamp (Prevention of under valuation) Rules.
(4) Income Tax Clearance Certificate prescribed under section 230A of the Indian Income Tax Act for the properties which are valued more than five lakhs.
(5) Income-tax clearance certificate in Form 37 I prescribed under Section 269 of the Income Tax Act issued by the appropriate authority of the Income Tax Department, if the value of the property is more than Rs.25 lakhs in the prescribed Area.
(6) Permanent account No. issued by Income Tax Department or declaration in form 60 or 61 if the value of the property involved in the transaction is more than 5 lakhs, and where payment is made completely or partially through cash.
(7) For vacant sites in areas where ULC Act is in force, an Acknowledgment for having submitted Application Form Under Section 26 of the said Act.
REGISTRATIONS OPPOSED TO PUBLIC POLICY
NOTIFICATION u/s 22A of the Registration Act, 1908
(Opposed to Public Policy)
NOTIFICATION
[Notification No. RD 56 munosa 99 dated 10-5-1999].
In exercise of the powers conferred by Section 22-A of the Registration Act, 1908 (Central Act No.16 of 1908) as amended by Karnataka Act No.55 of 1976 and in suspersession of the Notification No. RD 80 ESM 93 (P) dated 14-2-94, Notification No. RD 80 ESM 93 (P) dated 23-3-96 and Notification No. RD 137 MUNOMU 96 dated 21-3-97 the Government of Karnataka hereby declares the Registration of the following documents as opposed to public policy:-
(a) Agreement to sell, sale, gift, exchange, mortgage, lease or assignment of land of which the occupancy right has been granted under Chapter III of the Karnataka Land Reforms Act, 1961 in contravention of the restrictions imposed under section 61 of the said act and the rules framed thereunder.
(b) Agreement to sell, sale, gift, exchange or otherwise of any land in excess of the ceiling limit specified in section 63 or 64 of the Karnataka Land Reforms Act, 1961 in contravention of section 74 of the said act and the rules framed thereunder.
(c) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural lands to a person or a family or a joint family who or which has an assured annual income of rupees Two lakhs and above from sources other than agriculture in contravention of section 79-A of the Karnataka Land Reforms Act, 1961 and the rules framed thereunder.
(d) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural land to an educational, religious, charitable>
(e) Agreement to sell, sale, gift, lease, mortgage with possession or otherwise of any agricultural land granted under the Karnataka Land Grant Rules, 1969 subject to restrictions on sale, transfer, and specific use imposed thereunder as per the provisions of the said Rules.
(f). Agreement to sell, sale, lease, mortgage with possession or otherwise of any land in contravention of the provisions of the Urban Land (Ceiling and Regulations) Act, 1976 (Central Act 13 of 1976 dated: 14th October, 1988)(Urban Land (Ceiling and Regulations) Act, 1976 (Central Act 13 of 1976 deleted during the year 1999.)
In supersession of the Notification RD 80 ESM 93 (P) dated 14-02-94, Notification No. RD 80 ESM 93 (P) dated:-23-03-96 and Notification No. RD 137 MUNOMU 96 dated 21-03-97, the Government in exercise of the powers conferred by Section 22-A of the Registration Act, 1908 has issued the revised Notification No. RD 56 MUNOSA 99 dated:10-05-99 declaring the registration of the following documents as opposed to public policy:-
(a) Agreement to sell, sale, gift, exchange, mortgage, lease, or assignment of land of which the occupancy right has been granted under Chapter III of the Karnataka Land Reforms Act, 1961 in contravention of the restrictions imposed under section 61 of the said act and the rules framed thereunder.
(b) Agreement to sell, sale, gift exchange or otherwise of any land in excess of the ceiling limit specified in section 63 or 64 of the Karnataka Land Reforms Act, 1961 in contravention of section 74 of the said act and the rules framed thereunder.
(c) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural lands to a person or a family or a joint family who or which has an assured annual income of rupees Two lakhs and above from sources other than agriculture in contravention of section 79-A of the Karnataka Land Reforms Act, 1961 and the rules framed thereunder.
(d) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural land to an educational, religious, charitable
(e) Agreement to sell, sale, gift, lease, mortgage with possession or otherwise of any agricultural land granted under the Karnataka Land Grant Rules, 1969 subject to restrictions on sale, transfer, and specific use imposed thereunder as per the provisions of the said Rules.
(f) Agreement to sell, sale, lease, mortgage with possession or otherwise of any land in contravention of the provisions of the Urban Land (Ceiling and Regulations) Act, 1976 (Central Act 13 of 1976 dated: 14th October 1988).
Wednesday, 19 September, 2007
KARNATAKA HIGH COURT HAS RECOGNISED WOMEN RIGHT TO PROPERTY OF JOINT FAMILY IRRESPECTIVE OF CUT OF DATES OF MARRIAGE
READ THIS PAPER REPORT FROM KANNADAPRABHA 19-09-07 BY CLICK OVER IT
REASON FOR SUCH DECISION IS THERE IS NO CUT OF DATE PRESCRIBED IN CENTRAL AMENDMENT AND HENCE CENTRAL AMENDMENT UPHELD STRICKING STATE AMENDMENT.
Tuesday, 21 August, 2007
COLLECTION OF MANY QUERIES ANSWERED BY ME
CLICK HERE
It is my sincere request not to send fake queries, if you have genuine case send full details to my email address. It is subjected to disclaimer clause in the blog, please read it. This is only a serivice to humanity.
Sridhara babu N
email: legaldocumentations@yahoo.co.in
Saturday, 28 July, 2007
GREEN BELT AREA - GRAM THANA LAND - FAQ
There is a land within 120 metres from a village. Gram Thana land can be within 200 metres from the village. Under what provision is this there?
Rural Development and Panchayat Raj Secretariat
CIRCULAR No. RDP 124 BAC 90, Bangalore, dated 19th April, 1990
Sub: Comprehensive Development Plan of Bangalore—Re-vised Green Belt—Maintenance of—Revised instructions.
1. In Government Circular No. RDC 31 MIS 84, dated 20th August, 1984, it has been directed that the Village Panchayats located within the areas in the revised 'Green Belt' around Bangalore shall not issue licenses for any constructions or any building activities beyond their present 'Gramathanas' and 200 meters from the limits of these Gramathanas.
2. It has been decided by the Government that in order to avoid hapazard growth of village limits the village panchayats should be stopped from issuing licenses for construction in areas beyond the present Gramathana limits.
3. Now therefore in exercise of powers conferred by sub-section (3) of Section 54 of the Karnataka Village Panchayat and Local Board Act, 1959 and in supersession of the instructions issued earlier the Government of Karnataka, hereby direct that all the Village Panchayts concerned within the areas coming under the revised Green Belt as shown in the annexure appended hereto shall not issue licenses for construction of any building beyond their approved Gramathana limits and to hereafter restricted the exercise of such powers by the Village Panchayts/Mandal Panchayats to the licensing of construction of building only within the respective Gramathana limits and not upto 200 meters beyond these limits.
4. Suitable instructions may be issued to all concerned. A compliance report on the action taken in this behalf should be sent to Government by the Deputy Commissioner, Bangalore (Urban) District, Bangalore immediately.
]. RAGHAVENDRACHAR.
Desk Officer,Mandai Panchayat,
R.D. & P. Raj Department.
Can this be agricultural or non-agricultural land?
Advice: The land is only kept out of green belt area, it may be agricultural or non agricultural depending upon it's permitted use by proper authorities.
Is conversion required?
Advice: Yes conversion is required through Deputy Commissioner.
Is there a restriction on acquisition of Gram Thana land?
Advice:No such restrictions is found by me.
If a sale deed is made mentioning gram thana land, on what basis is stamp duty paid; agricultural land or gram thana land?
Advice: If it comes within grama thana limit and it is agricultural land having RTC then stamp duty is on such agricultural land value fixed by department.
Friday, 29 June, 2007
Tuesday, 26 June, 2007
OCCUPANCY RIGHTS CONFERRED ON TENANTS BY INAM LAW AND LRF DOES NOT ATTRACT PTCL ACT
UNDER MYSORE (PERSONAL AND MISCELLANEOUS) INAMS ABOLITION ACT, 1954, SECTION 5 — PERMANENT TENANTS ARE REGISTERED AS OCCUPANTS ON CERTAIN CONDITIONS. THE CONDITION DOES NOT INCLUDE ANY RESTRICTION ON ALIENATION.
1. Granted land — Definition of — Only Government land granted to person belonging to any Scheduled Caste or Scheduled Tribe, under provisions of any enactment, is to be considered as "granted land"
2. Tenanted inam land that stood vested in State Government consequent upon abolition of inams, does not become "granted land" when occupancy right in respect of land is conferred on tenant thereof, merely because tenant happened to be person belonging to Scheduled Caste or Scheduled Tribe — Vesting of tenanted inam land in State Government is not absolute but is subject to vested right of tenant to got occupancy conferred on him and conferment of occupancy right on tenant by Special Deputy Commissioner does not amount to making grant of land — Alienation of inam land by tenant after fitting occupancy right conferred on him is not hit by prohibition contained in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
3. Hon,ble Justice D.V. Shylendra Kumar, Held in a case of M. Munikenchappa v The Special Deputy Commissioner, Bangalore District, Bangalore and Others, Reported in 2004(3) Kar. L.J. 579.: The land in question was the subject-matter of the- order of the Special Deputy Commissioner exercising his jurisdiction under Section 5 of the Act. An order of this nature is one passed for recognizing a pre-existing right of a person who is already in possession. The Special Deputy Commissioner virtually functions as a Tribunal for such purposes, In respect of lands for which occupancy rights are conferred such a land cannot be construed as a 'granted land' under the provisions of Section 3(l)(b) of the Act. The subject land which was also the subject-matter of the order dated 3-2-1962 passed by the Special Deputy Commissioner and in exercise of his powers under Section 5 of the Inams Abolition Act, cannot be construed as a 'granted land' within the meaning of this phrase occurring in Section 3(l)(b) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
UNDER SIMILAR CIRCUMSTANCES A CASE BEFORE FULL BENCH OF HIGH COURT OF KARNATAKA WAS DECIDED BY HON’BLE JUSTICES N.K. JAIN, H. RANGAVITTALACHAR AND V.G, SABHAHIT, HAS PASSED A SIMILAR JUDGEMENT RELATED TO TENANTED LANDS. In Mohammed Jaffar and Another V State of Karnataka and Others, Reported in 2003(1) Kar. L.J. 337 (FB).
1. Tenanted land that stood vested in State Government as on 1-3-1974 under Land Reforms Act, does not become "granted land" when occupancy in respect of such land is conferred on tenant, merely because tenant happens to be person belonging to Scheduled Caste or Scheduled Tribe — Vesting of tenanted land in State Government is not absolute but is subject to vested right of tenant to get occupancy conferred on him — Conferment of occupancy right on tenant by Land Tribunal does not amount to making grant of land — Alienation of land in respect of which occupancy was conferred on erstwhile tenant, held, is not hit by prohibitions contained in Act of 1978.
2. A bare reading of Section 3(l)(b) of the PTCL Act makes it clear that the land should be granted by the Government and such land is to be granted to a person belonging to Scheduled Castes or the Scheduled Tribes under the relevant law including agrarian reforms. Once the land is held to be a granted land, the restriction contained in Section 4 regarding the apprehension of transfer of land would apply. . . . Section 44 of the KLR Act deals with vesting of the land in the Government. Therefore, the land which is not granted by the State Government cannot prima facie be hit by the provisions of the PTCL Act.
3. All the lands held by or in possession of the tenants vest with the State Government free from all encumbrances and the State Government is entitled to take possession of the said properties. However, as per Section 44(e) the Government is not entitled to take possession of the tenanted land and the permanent tenants, protected tenants and other tenants holding the land are entitled to such right or privileges and subject to such conditions provided under Act. In view of Section 44 of the KLR Act, it is clear that conferment of occupancy right by the Land Tribunal, and not by the Government, is only a declaration or pre-existing right which has been conferred on the tenant under Section 45 and vesting of the land is subject to right that is conferred on the tenant for conferment of occupancy right- Section 45 of the KLR Act gives a right to a person who is a tenant on the land to get the occupancy right conferred in his favour and Sections 48 and 48-A deals with the constitution of the Tribunals and enquiry by the Tribunal. The occupancy right will be conferred by the Land Tribunal and not by the Government under Section 48-A of the KLR Act on a tenant who was cultivating the land personally on 1-3-1974. Therefore, what is conferred on the tenant who was personally cultivating the land on 1-3-1974 is the declaration of his occupancy right of land on 1-3-1974, by the Tribunal. The preamble to the KLR Act clearly shows that the Act is enacted to confer ownership on the tenants and wherefore, it is clear that the conferment of occupancy right on the tenant who was personally cultivating the land on 1-3-1974 is conferment of ownership on the tenant as per the preamble to the Act and the same is subject to certain restrictions which are imposed in the certificate of registration issued under Section 55 of the Act in Form 10.
4. Conferment of occupancy right is only declaration of the fact that the tenant who was personally cultivating the land on 1-3-1974 and the land which has vested with the Government, the tenant js declared as the occupant of the said land subject to the restrictions contained in the certificate of registration and if the tenant proves that he has been personally cultivating the land on 1-3-1974 he cannot be denied conferment of occupancy right. .... Under the circumstances, it is clear that occupancy right cannot at all fall within the ambit of 'granted land' as defined under the PTCL Act. The vesting of land in the Government is subject to vested right of a tenant to get occupancy right and for determination of right and conferment of occupancy by Land Tribunal, a Statutory Authority established under the Land Reforms Act, is the Competent Authority to determine the same on a tenant who was personally cultivating the land on 1-3-1974.
5. In view of this, the occupancy right, which has been granted by the Land Tribunal, cannot be construed as "granted land" as defined under the PTCL Act. The land in respect of which the occupancy right has conferred under Section 48-A of the KLR Act would not fall within the ambit of 'granted land' as defined under Section 3(1 }(b) of the PTCL Act.
Monday, 18 June, 2007
Thursday, 14 June, 2007
TIPS TO FRAME LEASE / RENTAL DEEDS
NAMES OF ALL TENANTS
Every adult who lives in the rental unit, including both members of a married or unmarried couple, should be named as tenants and sign the lease or rental agreement. This makes each tenant legally responsible for all terms, including for the full amount of the rent and the proper use of the property. This means that you can legally seek the entire rent from any one of the tenants should the others skip out or be unable to pay; and if one tenant violates an important term of the tenancy, you can terminate the tenancy for all tenants on that lease or rental agreement.
LIMITS ON OCCUPANCY
Your agreement should clearly specify that the rental unit is the residence of only the tenants who have signed the lease and their minor children. This guarantees your right to determine who lives in your property -- ideally, people whom you have screened and approved -- and to limit the number of occupants. The value of this clause is that it gives you grounds to evict a tenant who moves in a friend or relative, or sublets the unit, without your permission.
TERM OF THE TENANCY
Every rental document should state whether it is a rental agreement or a fixed-term lease. Rental agreements usually run from month-to-month and self-renew unless terminated by the landlord or tenant. Leases, on the other hand, typically last for certain years. Your choice will depend on how long you want the tenant to stay and how much flexibility you want in your arrangement.
FOR MORE CLICK HERE-ಹೆಚ್ಹಿನ ವಿವರಗಳಿಗೆ ಇಲ್ಲಿ ಪ್ರವೇಶಿಸಿ
Friday, 8 June, 2007
MANAGEMENT OF HINDU RELIGIOUS AND CHARITABLE INSTITUTION'S PROPERTIES RELAVANT RULES
Note: This rules were struck down by 2006 Karnataka High court Judgement , comment left by Hayagriva, verify Judgement for details.
RULES REGARDING MANAGEMENT OF HINDU RELIGIOUS AND CHARITABLE INSTITUTION’S IMMOVEABLE PROPERTIES.
KAR. HINDU RELIGIOUS INSTITUTIONS & C.E. RULES, 2002
RULE 28. Procedure for sale, mortgage, gift, lease or exchange of immovable property belonging to notified institution.—Every proposal for exchange,
gift, sale or mortgage or lease of any immovable property belonging to, or given or endowed for the purpose of, any notified institution shall be published by notification by the State Government calling for objections and suggestions, if any, from public. The notification may be published in the notice board of the institution, jurisdictiorial Grama Panchayat Office, Taluk Office, Assistant Commissioner's Office, Deputy Commissioner's Office and Commissioner's Office. On receipt of any objections and suggestions from the public the State Government may consider such objections and hold an enquiry, if necessary, giving opportunity to the objectors and pass an appropriate order under sub-section (1) of Section 62 keeping in view the interest of the institution.
RULE 29. Manner of holding public auction of immovable property.—(1)
Every sale of immovable property belonging to a Hindu Religious Institution or Charitable Endowment sanctioned under sub-section (1) of Section 62 shall be made by public auction in the manner after provided in this rule.
(2) The prescribed Authority concerned shall give wide publicity of the proposed sale incorporating the description, schedule and extent of property, conditions of sale, the place, date and time of auction earnest money deposit to be made, if any, atleast fifteen days in advance prior to the date of auction.
(3) The publication shall be notified in the manner specified in Rule 30. A confirmation from each of the authorities required to publish the notification shall be secured and placed on record.
(4) On the specified day, the prescribed Authority shall hold the auction sale at the premises of the institution in the presence of the members of the Committee:
Provided that Prescribed Authority may authorise any officer not below the rank of a Tahsildar to conduct the auction.
(5) The property shall be sold to the highest bidder subject to confirmation by the Commissioner, who shall either confirm or for reasons to be stated reject the sale, within a period of thirty days.
RULE 30. Procedure for lease of immovable property.—(1) Any laase of immovable property such as building, shop, residential house or site, belonging to a notified institution which are not required for public purpose shall be made by public auction. The institution shall give wide publicity of the proposed lease incorporating the extent of property, conditions of lease and period of lease with the place and date and time of auction and earnest money deposit if any, fifteen days in advance prior to the date of auction.
(2) Such publication shall be notified on the notice board of.—
(a) the institution concerned;
(b) the Grama Panchayat concerned;
(c) Taluk Office concerned;
(d) District Office of the Assistant Commissioner;
(e) Office of the Deputy Commissioner;
(f) Office of the Town Panchayat, Municipal Councils and City Municipal Corporations, as the case may be.
(3) Necessary certificate for having published the proposal for lease may be obtained from the concerned and placed on records.
(4) On the specified day, the auction of lease shall be held in the premises of the institution in the presence of members of the committee of management:
Provided that the authority competent to grant lease may authorise any of its subordinate officer to be present during the auction.
(5) The lease shall be given to the highest bidder subject to confirmation by the next higher authority within a period of thirty days.
RULE 31. Terms of lease of immovable property of a notified institution and renewal.—(1) Maximum period of lease in case of lease of vacant land or site shall be twenty years subject to renewal.
(2) Maximum period of lease in case of building, shops and residential house shall be five years, subject to renewal.
(3) Rate of rent reserved on the lease shall not be less than the prevailing market rate of rent in the locality and shall be liable to be enhanced by five per cent every year:
Provided that if the property is leased out for public purposes rent may be fixed considering the purpose of lease.
(4) A non-refundable good-will to be paid by the lessee at the time of entering into lease, may be determined by the State Government by issuing guidelines from time to time.
(5) Lessee is liable to pay six months rent in advance at the time of execution of lease deed which shall be adjusted towards the rent becoming due for the six months prior to expiry of the lease.
(6) The leasehold property should be used only for the purpose for which it has been leased out.
(7) No sub-lease is allowed during the period of lease.
(8) The lessee shall not run any business as may hurt the feelings of the devotees of the temple or affect the sanctity of the premises.
(9) Running of a bar, non-vegetarian restaurant, liquor on wine shop or live band r,. ...e leasehold property is strictly prohibited.
(10) It shall be the responsibility of the lessee to maintain the building dean and tidy with annual repairs at his own cost.
(11) In case of lease of land or site for construction of building necessary permission along with plan and estimate should be obtained from the Competent Authority and necessary licence for construction of the building should be obtained from the local authority.
(12) No property including land, building or sites situated near the institution shall be leased out to non-Hindus.
(13) The lessee shall pay monthly rent to the institution by fifth of every succeeding month. If he fails to pay the rent within the period an interest at the rate of eighteen per cent or at such other rate as may be specified by the State Government from time to time/ shall'be charged on the arrears of rent.
(14) An agreement shall be prepared incorporating all the conditions specified in this rule and it shall be executed by the lessee and lessor and it shall be got registered by the lessee.
(15) After expiry of the lease period the lessee shall be liable to restore the leasehold property immediately together with the structure to the institution and he is not entitled to get any compensation whatsoever from the institution.
(16) Any violation of terms and conditions of lease shall result in termination of lease. On termination of the lease if the lessee fails to handover to restore the property to the institution, the Assistant Commissioner shall initiate proceedings against such lessee under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974.
(17) If the lessee of immovable property is desirous of renewal of the lease, he shall make an application to the authority, which granted the lease three months prior to the expiry of the period of lease. Such authority may, on receipt of such application renew the lease and the provisions of Rule 31 except sub-rules (4) and (11) shall apply mutatis mutandis for such renewal:
Provided that where the original lease is in respect of vacant land or site and the building has been constructed by lessee, the maximum period of renewal of such lease shall not exceed five years subject to further renewal.
RULE 32. Procedure for assessment of damages by the Assistant Commissioner for unauthorised occupation of properly.—(1) When unauthorised occupation of any property belonging to any notified institution by any person is brought to the notice of the Assistant, the Assistant Commissioner shall issue a notice to the unauthorised occupant calling upon him to showcase within fifteen days, why damage caused by him by occupation of the property should not be assessed and ordered to be recovered from him.
(2) On receipt of reply or statement if any, from the unauthorised occupant the Assistant Commissioner shall verify the reply or statement with reference to the records and documents available in his office and if need be hold an enquiry calling upon the unauthorised occupant to lead evidence, if any, in support of his contention. The Assistant Commissioner may also call for any records and documents of the institution concerned, in order to arrive at a proper conclusion.
(3) After hearing the unauthorised occupant, and the committee of management of the institution, the Assistant Commissioner may pass an appropriate order determining the damages to be paid by the unauthorised occupant keeping in view the rate of rent prevailing in the locality/area and also the duration of unauthorised occupation. In determining the damages he may call for information, about rate of rent yield from the property etc., from any public authority. The Assistant Commissioner shall in his order specify the amount to be paid by the unauthorised occupant and the period within which it has to be paid. If the unauthorised occupant fails to pay the amount determined within the specified period, the Assistant Commissioner may issue a certificate for the amount due, to the Deputy Commissioner of the district who shall proceed to recover the same as an arrears of land revenue.
.