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FORMER RULES OF KARNATAKA IN GRANT OF TANK BED LANDS FOR CULTIVATION.

Beds of tanks should not be given for cultivation, but in special seasons of scarcity of rainfall, the Deputy Commissioner may, if he is satisfied that there is no prospect of storing any water during the season, and the cultivation of the bed would not affect the interests of the cultivators below the tank, or of the people generally, give the bed of any tank for cultivation for a season subject to the condition that dry crops alone should be cultivated and manure should on no account be used. Further, the cultivator will not be entitled to claim any compensation on account of the submersion of such lands, from any cause whatsoever.

The permission to cultivate the tank bed should be restricted to a single dry season, viz., from February to the end of April or May and such permission should not be renewed from year to year without considering afresh all the circumstances on each occasion. Moreover, no one man should be allowed to cultivate the same plot for more than three years in succession. Raiyats who culti¬vate the tank bed lands in anticipation of permission in years of scanty rainfall need not be subjected to any penal¬ties. Temporary assessment should, however be collected for the area cultivated by them. Even in years of normal rainfall the portions of the beds of tanks which are larger than the actual water spread and above their waste weir contours may be given for cultivation by Taluk Officers with the sanction of Deputy Commissioners. Where the tanks have narrow sluice barrles, the public works depart¬ment should invariably be consulted before each case of grant.


The beds of breached tanks which have not been permanently abandoned may be given out for cultivation temporarily, if after communication with the public works department, it be found that there is no prospect of the tanks being restored immediately. Such grants will be made ordinarily for one year at a time and in no case should the period exceed three years without the sanction of the Revenue Commissioner. The grantee shall use the lands only for the purpose of cultivation and shall not be entitled to cut down or remove any trees, etc., standing thereon. He shall pay assessment at the prevailing rates of Government lands of similar quality in the village; provided that when there are more applicants than one for the same land, it will be sold by auction and granted to the person who offers the highest amount of annual rental at the sale.


Rule 11 (iv) The Deputy Commissioners of Dis¬tricts are empowered to sanction the appropriation of reserved lands such as beds of tanks, nalas, vonies, and Gavathanas subject to the conditions that they should obtain the agreement of the departments concerned when¬ever necessary before sanctioning the appropriation of these lands the cases of disagreement being referred to the Revenue Commissioner. (Government Notification No. R. 2164—L.R. 486-49-14, dated 22nd May 1950).


Rule 16 L.R.R. should be strictly followed in grant¬ing lands for cultivation in the beds of tanks in action. (G.O. No. R. 1115-24—R.P. 29-1900, dated 3rd September 1901).


GRANT OF TANK BEDS FOR TEMPORARY CULTIVATION.

(1) In seasons of scarcity of rainfall, the Deputy Commissioner is authorised, under Rule 16(1) L.R.R., to give the bed of any tank for cultivation for a single season during certain conditions. The neces¬sity for obtaining previous permission in such cases in¬volves correspondence and often prevents people getting the full benefit of the concession. Government are, there¬fore pleased to direct that ryots who cultivate tank bed lands in anticipation of permission, in years of scanty rainfall, need not be subjected to any penalties. Tem¬porary assessment will, however, be collected for the area cultivated by them. (G.O. No. R. 2588-98—L.R. 474-27-2, dated 21st September 1928).

(2) It is frequently found that the land reserved as the bed of a tank is much larger than the actual water-spread. Government see no reason why portions of tank beds above the waste weir contour should not be given for temporary dry cultivation, even in years of normal rainfall. Previous permission, however, should be insisted upon in such cases but the Amildar may grant permission and report the same to the Deputy Commissioner for confirmation. In cases where it is proposed to give the temporary cultivation beds of tanks with narrow sluice barrels, the Department of Public Works should in¬variably be consulted beforehand.

(3) The cultivation of tank beds, in ordinary years as well as in periods of drought, will be subject to the conditions laid down in L.R.R. 16(1), viz., (1) that the officer granting permission should be satisfied that there is no prospect of storing water during the season in the area cultivated and that the cultivation of the bed will not affect the interests of the cultivator below the tank or of the people generally ; (2) that dry crops alone should be cultivated; (3) that manure should on no account be used, and (4) that the cultivators of the tank bed will not be entitled to claim any compensa¬tion on account of submersion of the lands from any cause whatsoever. Further, the permission to cultivate the tank bed should be restricted to a single dry season, viz., from February to end of April or May and such permission should not be renewed from year to year without considering afresh all the circumstances on each occasion.

(4) Tank bed lands granted for temporary culti¬vation should not be allowed to be cultivated for more than three years in succession by one man or another, and the land should be kept unoccupied for a year or two before being again granted for cultivation. (G.O. No. R. 6346-56—L.R. 297-28-78, dated 5th February 1929) .

(5) The beds of tanks by their very nature are very fertile and valuable. There will be very keen demand for such lands. All permanently abandoned tank beds and fcattes or small tanks should, therefore, be dis¬posed of in public auction generally, unless in any parti¬cular case such a land is proposed to be granted for an upset price, when the sanction of the Revenue Commis¬sioner would be necessary, (R.C.'s Circular No. C3-395—50-51, dated llth November 1950).

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