CUSTOM SEARCH

CONTENTS OF THIS BLOG

RELEVANCY OF MARKING OF HIKKALS, FOOT-PATHS, ETC., IN SURVEY MAPS,

202. (i) All streams, main channels, important branch channels, large trees, houses, wells, kuntes, tanks and main channels issuing from the sluice of tanks are shown in village maps. Tanks, roads, railways, etc., formed since the original settlements are shown not only in the village maps but also in the copies of old maps kept in taluk and village offices. (R. 12672-81—L.S. 44-19-5, dated 4th May 1920).

(ii) Old foot-paths and cattle tracts and new ones subsequently formed are also shown in the maps only after obtaining an agreement from the owners, or when the area covered by such tracts are duly acquired by Government.

(iii) Cases calling for special treatment during resurvey may be brought to the notice of the Survey authorities for their consideration and disposal.

(iv) No general orders are necessary authorising the correction of village maps and records, in consequence of the formation of new village roads- under the Village Improvement Scheme. There is no objection to correc¬tions being made in cases in which the roads formed are important and maintained as permanent roads. (R. 10822-902—L.S. 48-16-2, dated 7th May 1917).

KNOW THESE PROVISIONS OF THE MYSORE TENANCY ACT, 1952. TO HAVE PERFECT LEGAL DOCUMENTATIONS

With a view to regulate the law which governs the relations of landlords and tenants of agricultural lands and to regulate and impose restrictions on the transfer of agricultural lands, dwelling houses, sites and lands appur¬tenant thereto belonging to or occupied by agriculturists in the State of Mysore and to make provisions for certain other purposes the Mysore Tenancy Act, 1952 as amended by Act No. 5 of 1954 was promulgated by Government. The Act extends to the whole of the State of Mysore except Bellary District.


The main provisions of this Act are : —
(i) A person lawfullv cultivating anv land belong¬ing to another person shall be deemed to be a tenant if such land is not cult:vatcd personally bv the owner, and if such person is not (a) a member of the owner's family or (b) a servant on wages payable in cash or kind, but not in crop share or a hired labourer cultivating the land under the personal supervision of the owner or any member of the owner's family or (c) a mortgagee m possession.

(ii) No tenancy of land shall be for a period of less than 5 years and no tenancy shall be terminated before the expiry of a period of five years except on the grounds mentioned in section 15 or with the consent of the land¬lord any tenancy may be terminated by a tenant before the expiry of a period of five years by surrendering his interests as a tenant in favour of the landlord. All tenancies in force on the date of the commence¬ment of this Act shall be deemed to be tenancies? Or a further period of five years frorn the date of commence¬ment of this Act.

(iii) Notwithstanding any agreement, usage decree or of a court or any law, the maximum rent payable in respect of any period after the date of coming into force of this Act by a tenant for the lease of any land shall not exceed one half of the crop or crops raised on such land or its value as determined in the prescribed manner.

(iv) Every lease should be in writing and registered.

(v) Leases are liable to be terminated before the expiry of the full term, if there is default in payment of rent for any year, or has done any act which is destructive or permanently injuries to the land or has sub-divided the land or has sublet the land or failed to cultivate it personally or has left the land fallow or has used such land for a purpose other than agriculture.
(vi) The rent payable in kind should be in term? of standard palla of one hundred seers of grain or maunds of 960 tolas of commodity usually sold by weight.

(vii) The procedure to be adopted in fixing reason¬able rent in case of disputes is laid down under section 12 of the Act.

(viii) If a landlord intends to sell any land leased to a tenant, such tenant shall be given in the manner pro¬vided in sub-section (2), the first option of purchasing the land The landlord should offer the land in writing to the tenant specifying the price and giving him one mouth s time to intimate the acceptance of tiie offer. If the tenant is willing to purchase the land he should deposit the price of such land within one month from the date of the order of the Amildar. If the tenant communicates his unwill¬ingness to purchase or does not give any reply or fails; to deposit the price of land within the specified period, the tenant shall be deemed to have relinquished his right of first option to purchase the lanJ and the landlord shall then be entitled to sell the land to any other person at a price not less than the price at which the land was offered to the tenant under sub-section (2). Any sale of land held in contravention of section 22 shall be null and void.

(ix) (1) In the absence of an express intimation in writing to the contrary by a tenant, every payment made by a tenant to the landlord shall be presumed to be a payment on account of rent due by such tenant for the year in which the payment is made.

(2) Every landlord shall on the written request of the tenant give a written receipt for the amount of rent at the time when such amount is received by him in. respect of any land in such form and in such manner as may be prescribed.

(x) No sub-division on sub-letting of the land or assignment of any interest held by a tenant shall be valid, such sub-division sub-letting or assignment shall make the tenancy liable to termination.

(xi) Save as expressly provided in this Act, any interest in the land held by a tenant, shall not be liable to be attached, seized or sold in execution of a decree or order of a civil court.

(xii) (1) Notwithstanding anything contained in any agreement or in any law, proceedings by a landlord for recovery of rent payable to him by a tenant shall be only by means of an application to the Amildar. Such application may be in such form as may be prescribed.

(2) On receipt of the application under sub-section (1), the Amildar shall, after holding an enquiry, pass such order thereon, as he deems fit.
(3) The provision of section 98 of the Mysore land Revenue Code 1888, shall apply to the recovery of the rent ordered to be paid under sub-section (2).

OLD LAND REVENUE RECORDS IN MYSORE STATE IN SURVEY SETTLEMENTS

The records are generally known as the settlement papers, and the following are the papers which should have been prepared in order to effectively introduce the new or survey settlement:

(1) " Pahani Sud " or Statement showing the old numbering of lands and the survey numbers, names of fields, description of tenure, name of occupant, and survey area of each number, generally known as the " Sud " and always accompanied by a map of the village.

(2) " Akarband" or register of survey numbers, showing the total area under each head, arable and un-arable, dry land, wet land and garden in detail, with the rate per acre and assessment of each, and the total assess¬ment fixed on the entire number.

(3) "Pot Pahani Book" or inspection statement, showing the old and new numbering of every survey number, and full information regarding tenure and occupancy.

(4) Statement showing number and description of trees in each survey number, known as the " Jhar Patrak."

(5) Statement of grazing land, known as the " Hulbanni Tahkta."

(6) Statement showing full particulars of each occupant's entire holdings under old and new systems, known as the " Wasul Baki.’’

(7) "Phutkul Patrak" or detailed statement of occupancies, when two or more are included in one and the same revenue survey number, with area and assess¬ment of each.

The discontinuance of the preparation of the phutkal patrika and substitution of the Index of lands (Form No. 6, Record of Rights) has been ordered in connection with the Settlement accounts of inam villages. (R. 4056-65—L.S. 46-34-2, dated 19th February 1935).

(8) Statement of waste lands, known as the " Banjar Takhta."

(9) The final Settlement Register, known as the " Lavani Faisal Patrika."

(10) The " Joddidar Takhta " or statement of Jodi Inam land.

The uses and mode of preparing each of the above are given in the survey Manual.

Note.—The department of Land Records is responsible for the accuracy of these returns embodying the result of survey opera¬tions, but the responsibility of correctly preparing those returns, or of portions of returns, intended to record the existing state of occupancy, rests with the Revenue authorities. The impression that "the operations of the department of Land Records act in any way injuriously to the rights comprised in the existing landed tenure, should be carefully removed from the minds of the people, the survey, apart from its general beneficial results in conferring an improved tenure, does not create new, or take away existing rights of any description. The settlement papers are very important and they are of great use during, as well as after, settlement.


199. The Amildar should keep the settlement papers for each village in separate daftars, not only for their careful preservation, but also for facilitating reference. The Deputy Commissioners or the Assistant Commis-sioner in charge of the taluk should take the opportunity, when he inspects the Taluk records, of seeing that this is done.

200. The advantage of village maps for revenue or general administrative purposes are unquestionable. The village map affords the most minute information as to the position, size and limits of fields, roads, water courses, etc., comprised within the village limits. The District map exhibits with equal accuracy, the relative positions and extent of villages, topographical features of the country and a variety of other information useful to the local revenue and other authorities.


201. (i) Village maps are supplied free of cost to the Taluk Offices, Patels and Shanbhogs the cost being adjusted at the end of each year by book adjustment from Revenue to Land Records Department. (R. 1904-6—L.S. 20-34-2, dated 19th October 1934). (R. 6177-79—L.S. 70-30-2, dated 15th June 1935).

MYSORE LAND REVENUE RULES GOVERNING DISPOSAL OF OCCUPANCIES BY PUBLIC AUCTION.

Under Rule 43 (ii) it is only in special cases where the land is very valuable or where there is no demand for land from person eligible for the grant of lands under sub-rule ( 1 ) the Deputy Commissioners may with the previous sanction of the Revenue Commissioner, sell such land by public auction. Every sale by auction under these Rules, or in pursuance of any of the provisions or the Land Revenue by public Code, shall unless otherwise provided for, be conducted so far as may be, in accordance with Sections 171, 172, 176 to 183, both inclusive, and 186 of the said Code. Sales not otherwise provided for shall be made by auction by such persons as may be authorised in this behalf by these rules or by the Deputy Commissioner. No sales of lands shall take place until after the expiration of at least seven days from the latest date on which the notice of sale shall have been affixed, as required by Section 172.

When the estimated value of the property does not exceed two hundred rupees the sale may be entrusted to the Revenue Inspector in charge of the Hobli or Circle, and where such value exceeds two hundred rupees, the sale shall be conducted by the Amildar or such officer as may be specially empowered in that behalf by the Deputy Commissioner. When the value of the property exceeds one thousand rupees, the sale shall be conducted by the Deputy Commissioner or by an officer not below the rank of an Assistant Commissioner authorised by the Deputy Commissioner by General or Special order. When the property consists of more than one lot, the estimated value shall be the value of each lot separately, as an individual item and not the aggregate value of all the lots.
Sales of land shall be subject to confirmation by the Deputy Commissioner or by some other officer authorised by these rules or by the Deputy Commissioner, such con¬firmation not being ordered before the date of payment of the full amount of purchase money :

Provided that in conducting the following sales : —
(a) sales of the right of grazing and of the right to take or cut grass in waste lands.
(b) sales 'of the right to take the fruit of specified Government trees for a specified period, and
(c) sales of dead wood.

the procedure shall be in accordance with such orders as may, from time to time, be made by the Deputy Com¬missioner either generally or specially in this behalf, in¬stead of the procedure prescribed in Section 171 and 172 of the Land Revenue Code.

The Government, the Revenue Commissioner, and the Deputy Commissioner may condone delays in the payment of full amount of purchase money in darkhasts sales subject to the levy of penalty up to 10 per cent of the purchase money not exceeding Rs. 50 in any case. Provided that the power to condone the delay shall be exercisable by (i) the Deputy Commissioner in respect of delays exceeding 15 days but not exceeding 30 days, (ii) the Government in respect of delays exceed¬ing 30 days (Notification No. R. 11238—L.R. 45-52-28, dated 26th November 1952),

The proclamation and written notice of sale required to be issued under Sections 171 and 172 of the said Code shall be in one of the forms contained in Appendix B or as near thereto as may be.

Note.—The rule is applicable only to darkhast sales and not to sales held for the recovery of the arrears of land revenue

(1) When a gomal survey number consisting of 24 acres and 27 guntas was phoded into 4 blocks and sold in auction by the Revenue Inspector and confirmed by the Amildar, it was held, that the sale of each survey number was separate and independent and the Revenue Inspector was quite competent to hold_the sale. To add up the value of all the survey numbers and then say that the total amount is beyond the jurisdiction of the Revenue Inspector is not correct. (R.A. No. 70—12-43.) (G.O. No. R, 1283-4—L.R. 337-42-4, dated 31st August 1943).
(2) The non-payment of Boundary mark charges will render the contract of sale incomplete and the land cannot be subdivided. In the sale notification connected with unoccupied lands requiring sub-division the condi¬tion that boundary mark changes should be paid along with the purchase money is invariably inserted. (G.O. No. 7895-907—L.S. 1-53-96, dated 30th October 1954).

DARKHAST SALES SHOULD NOT BE POSTPONED.

(3) The existing rule 26 of the Land Revenue Rules which does not provide for postponement of Dar¬khast sales should be strictly enforced. In case the highest bid recovered is, through combination or for other cause unduly low, the sale can always be cancelled and fresh darkhast sale held after observing the prescribed procedure. (Circular Letter No. R. 6592—L.R. 285-38-4, dated 28th June 1939).

DARKHAST SALES.

(4) The exclusion of the phut kharab of a survey number from its advertised extent was held to be an un¬important error which in no way affected the sale of the land or darkhast or the proceedings connected with it. (G.O. No. R.
1059—A.R.M. 110-05-7, dated 27th January 1906).

(5) Amildars should not, on their own responsi¬bility order reservation of lands duly assessed to revenue by the department of land records and for which darkhasts are received. (Appeal No. 39—1905-1906).

(6) If a Deputy Commissioner passes an order directing disposal of a land in an auction, and if an appeal be preferred to him against the Assistant Commissioner's order confirming the sale of that land, the Deputy Com-missioner is not precluded from entertaining the appeal (Appeal No. 132 of 1908-09), (G.O. No. R. 3554—L.R. 547-08-2, dated 12th November 1909).

(7) An officer who once confirms a revenue sale and authorises the purchaser to be put in possession of the land is not competent to subsequently cancel the sale oil his own authority, on the ground of objections already on record. (G.O. No. R. 3553-4—L.R. 547-08-2, dated 12th November 1909. Appeal No. 115 of 1908-09).

(8) In the absence of any fraud or material irregu¬larity a (darkhast) sale otherwise regularly held should . not be cancelled, merely on the ground of subsequent higher bids for the land. (Appeal No. 2 of 1917-18). (G.O. No. 410—P.F. 157-02, dated 10th October 1903; R. 3275—R.M. 494-05-3, dated 17th September 1906; ^R. 11471—L.R. 233-17-5, dated 27th May 1918).

(9) A survey number which was really a tank kharab and which had wrongly been reported as a hul-bauui kharab was given out for cultivation. Held that though the failure of the taluk authorities to make personal inspection before the darkhast sale of the said land took place was a reprehensible omission, the sale was rightly cancelled and the land was ordered to be resumed and treated as tank kharab, the price paid by the appellant, being refunded to him. (Appeal No. 1 of 1919-20). (G.O. No. R. 4135—L.R. 243-17-4, dated 24th September 1919).

(10) A Deputy Commissioner cannot, after pas¬sing an order cancelling a sale, review his previous order and confirm the sale. (Appeal No. 6 of 1919-20).
(G.O. No. R. 6295—L.R. 201-18-5, dated 27th November 1919).

(11) When the extents stated in the various documents (mahazar, sale proclamation, sale patties, etc.) connected with the sale of a vacant site are discrepant. the accepted rule is that the true extent should be deter¬mined by a reference to its boundaries. (Appeal No. 7 of 1919-20). (G.O. No. R. 6953—L.R. 147-18-5, dated 17th December 1919).

(12) A revenue sale held with due formality should not be cancelled, merely to grant the land at an upset price to a person who owns the adjoining lands. (Appeal No. 13 of 1919-20). (G.O. No. R. 9786—L.R. 192-184, dated 26th February 1920).

(13) Darkhast sales conducted by the Revenue Officers should always be characterised by good faith, impartiality and independence. (Appeal No, 9 of 1919-20). " (G.O. No. 9810—L.R. 204-18-4, dated 26th February 1920).

AUTHORISED POSSESSION NOT TO BE SUMMARILY DISTURBED.

(14) A person properly put in possession of a land under a saguvali chit and holding it for more than a year should not summarily be deprived of it by cancelling the saguvali chit, merely because, a petition of objection was presented long after the prescribed appeal time. (Appeal No. 96 of 1911-12).
(G.O. No. R. 5831—L.R. 195-12-4, dated 12th April 1913).

MYSORE LAND REVENUE RULES GOVERNING UNAUTHORISED CULTIVATION OF LAND.

(1) When dealing with cases of unauthorised cultivation of land, Deputy Commissioners and Sub-Division Officers have discretionary power to remit a reasonable portion of the penal assessment chargeable, where a strict enforcement of the provisions of Section 59 L.R.C., would result in undue hardship. (G.O. No. 2595-602—R. 1029, dated 27th September 1898).

(2) The person who has actually encroached upon and unauthorisedly cultivated the land is liable to pay the fine and not the khatedar of the adjoining survey number. For default of payment of the fine by the former, it is wrong to sell the occupancy of the latter. (G.O. No. 3449— P. F. 48-92, dated 7th November 1898).

MYSORE LAND REVENUE RULES GOVERNING FlNE FOR UNAUTHORISED CULTIVATION OF LAND.

(3) Officers empowered to fine should exercise their power moderately and not to take extent of ruining an offender. (G.O. No. 11934— P. F. 87-97, dated 21st June 1898).


MYSORE LAND REVENUE RULES GOVERNING OLD PUBLIC THOPES.

The Revenue Commissioner may grant per¬mission to individuals to raise public thopes on an extent not exceeding two acres in Government Kharab or Gomal lands when there is no objection from the villagers to the disposal of the lands and when the intentions of the applicants in the matter of raising such thopes for charit¬able purposes are found to be bona fide. In other cases sanction of Government should be obtained. (G.O. No. R. 7539-49—L.R, 549-40-2, dated 7th May 1941).

WHAT HAPPENED TO THIS RULE OF GOVERNMENT ORDER AND AND APPEAL

AUTHORISED POSSESSION NOT TO BE SUMMARILY DISTURBED.

(14) A person properly put in possession of a land under a saguvali chit and holding it for more than a year should not summarily be deprived of it by cancelling the saguvali chit, merely because, a petition of objection was presented long after the prescribed appeal time. (Appeal No. 96 of 1911-12).
(G.O. No. R. 5831—L.R. 195-12-4, dated 12th April 1913).


LAND GRANT RULES UNDER MYSORE LAND REVENUE CODE 1888 UPTO 1934

CHAPTER VI.

FORFEITURE OF OCCUPANCIES AND DISPOSAL THEREOF.

[Section 54]
35. Except as provided in the next following Rule, the holding on which an arrear is due shall be declared forfeited and proceeded against in the first instance unless the defaulter surrenders his personal property and desires it to be first sold or enters into some other arrangement by which the ready recovery of the arrear is insured.

If the holding in respect of which the arrear is due consists of two or more survey numbers or of two or more portions of land or estates separately assessed, and the Deputy Commissioner shall be of opinion that the whole amount of such arrear could be realised by the sale of some one or more only of such numbers, or portions of estates, he may, in his discretion, restrict the forfeiture to such one or more of the said numbers, or portions of estates. Where the forfeiture is intended not for the purpose of sale but for taking possession and otherwise disposing of the holding, the previous sanction of Govern¬ment shall be obtained in each case.

When a holding which has been forfeited for default in payment of the land revenue due thereupon is not sold, or when the sale proceeds thereof are not sufficient to meet the arrear, the arrear or the balance of arrear payable by the defaulter shall ordinarily be remitted without having recourse to further compulsory process. But it is not intended that in all such cases the right of recovering arrears or balance of arrears from defaulters by other means should be altogether relinquished. In special cases, the Deputy Commissioner may enforce that right.

36. Inam lands held for village service, revenue or police, or for religious or charitable purposes shall not be declared forfeited and sold, but the Deputy Commissioner shall proceed to realize the demand against the holders by the attachment and sale of their personal and other movable property. In the case of unenfranchised inams on which arrears may be due, the Deputy Commissioner may, in the event of his failing to recover the arrears by the sale of the defaulter's personal or other immovable property, obtain the sanction of Government to the inams being declared forfeited and resumed.

37. In the case of an enfranchised alienated holding which has been declared forfeited for the purpose of sale under Section 159, such forfeiture will not operate so as to extinguish the tenure on which the alienation was made by Government and the property shall be sold as alienated property, and conveyed as such to the purchaser. Provi¬ded, however, that if at such auction the property is bought in by Government, the Deputy Commissioner shall cause the land comprised in the holding to be entered in the records as unoccupied unalienated land.

38. It shall be in the discretion of the Deputy Com¬missioner to restore any forfeited occupancy or alienated holding at any time on payment of the arrear in respect of which the forfeiture was incurred, together with all costs and charges lawfully due by the defaulter or, on security being given to his satisfaction for the payment of the said arrear, land revenue and charges within a reasonable period.

*39. Every sale of a forfeited holding as such shall be made subject to the same rules and orders as are applicable to the sale of unoccupied unalienated lands, so far as they are consistent with the provisions of Chapter XI of the Land Revenue Code.
The form of proclamation of sale under this Rule shall be as in Form (3) of Appendix B.

#40. With a view to protect the interests of co-occu¬pants and other persons interested in the continuance of the occupancy or alienated holding as provided for in Section 77, Deputy Commissioners shall give them notice before declaring the occupancy or alienated holding for¬feited, provided they register their names and their interest in a Register to be opened in the Taluk Cutcherry for the purpose and pay on every application for such registry, a fee of one rupee in the shape of Court Fee stamps of that value to be affixed to the application. This proviso shall not apply to co-occupants who may have their names and shares entered in the records under Rule 75.

*Ametided by G. O. No. B. 1054 63—L. E. 869—4, dated 23rd August 1904
#Amended by Notification No. B. H621—L. E,528-05-1, dated 7th March 1908.

The registry thus made shall not give a right to the parties concerned to receive notices under this rule for more than five official years beginning with the year of registry unless a fresh application is made before the expiry of the period and the entry in the Eegister renewed. No fee will, however, be charged on applications for such renewal.

No fee will be charged on applications made by Co-operative Societies for entering their names in the Eegister referred to above:

* Provided that in taluks where a Notification under. Section 4 (2) of the Record of Rights Regulation has issued, the notice contemplated in para 1 shall be issued to all persons whose rights (not being merely rights of ease-ment) have been registered in the Record of Rights, with¬out charging any fee.

* R. 5324—L. S. 68-33-8, dated 11th April-1934.




CHAPTEE VII.
GRANT OF OCCUPANCIES.
[Sections 58, 60 and 233 (h) and (n)]

*41. When unoccupied land is required, a written application shall be made in person or by duly constituted agent or by post to the Amildar direct, provided that, in the last mentioned case, the applicant's full name and address are legibly written and his signature is attested to by the village Shanbhog or a taluk official not inferior in rank to a Revenue Inspector or a Magistrate certifying to the identity of the applicant. Applications may be presented in person to Revenue Inspectors also. In either case, i.e., when the application is received by the Amildar and sent on to the Revenue Inspector or when it is received by the Revenue Inspector himself, he shall submit to the Amildar a report in Form No.1 of Appendix D within a week from the date of its receipt by him.


All applications shall be registered in the order in which they are received in a Register which should be maintained in the Taluk Office in Form No. 2 of Appendix D. All correspondence connected with the darkhast shall be noted regularly in the Register which should be always available for inspection by superior officers.

*42. It shall be the duty of every Village Accountant, if so desired by any occupant in his village or by any person about to become an occupant of land in his village, to prepare applications for land without fee or charge of any kind.

A Village Accountant who prepares such an applica¬tion shall affix his signature beneath the words "written by" on the lower left hand corner of such application.

The Village Officers shall not accept any engagements for lands or make any alteration in the village accounts without the written orders of the Amildar.

*Amended by Notification No. E. 12540-L.E. 384-19-5, dated 30th April 1920, and G.O. No. R 968-77—L.B. 619-12-2, dated 28th July 1913.

*43. (1) All lands shall be sold by public auction after observing the prescribed formalities. But it shall be in the discretion of the Deputy Commissioner in special cases to grant an occupancy at an upset price to any bona fide applicant who is an agriculturist or proposes to culti¬vate the land himself, when he is satisfied that, in the event of a public auction being held, advantage may be taken of the needs of the applicant to force up Lands so granted shall not, however, exceed five acres in extent or Rs 100 in value. If it is proposed to give lands exceeding this extent or value to any applicant for upset price, the previous permission of the Revenue Commis-sioner shall be obtained in cases where the extent does not exceed twenty acres and the market value of the land is within Rs. 500. In cases exceeding these limits, the sanction of Government shall be necessary for the grant of lands at an upset price. These concessions are not to be shown to absentees, and to people speculating in lands.


(2) The "upset price" shall not be arbitrarily fixed but shall represent the actual market value of the land, as nearly as it can be ascertained by local enquiries and by the examination of records of sales of similar lands in the neighbourhood, and if necessary, of the registration statis¬tics relating to them.

#Note. :- The limitations contained in paras (1) and (2) above as to the authority sanctioning the grant for upset nrice and the principle of determining the same do not apply to the restoration under Rule 99 (b) of occupancies resumed to Government for arrears of revenue to the original holders.

(3) The Amildar should invariably obtain the orders of his superior officers in regard to the disposal of lands irrigated or likely to be irrigated by large irrigation projects. The Department of Public Works should, as soon as possible, after any project is taken up for investi¬gation or consideration, notify to the Revenue Depart¬ment either generally or specially, the lands which will be affected by the project.

(4) In all cases of grant of occupancies whether for a price or not, asum equivalent to the cost of the boundaiy marks which have been or may have to be constructed on the land shall be invariably collected from, the grantees in accordance with instructions issued by Government from time to time. The Deputy Commissioner will, however, be allowed to waive this charge in cases of extreme poverty of the applicants.

* Amended by G. 0. No. E. 2433—L. B. 104-30-7, dated 28th November 1931.

# Added by G. O. No.B. 6449—L. B. 380-32-3, dated 2nd June 1933.

(5) Notwithstanding anything herein before stated, the Deputy Commissioner may, at his discretion, grant to applicants belonging to the depressed classes lands at half the upset value, the amount being recovered in not more than five annual instalments. Where half the upset price is below Rs. 50, the price to be recovered from the grantee may be limited to the excess, if any, of the esti¬mated value of the land over Rs.50. In cases where the upset value does not exceed Rs 50 (This value is raised to Rs 75 as per No. 4522 dated 04-01-1945) he may waive the recovery of price altogether. The lands thus given shall not be alienated for a period of twenty years and the grantee shall execute a mutchalika to that effect in the Form w prescribed by Government. This shall not, however, prevent the land being accepted as security for any loan which he may wish to obtain from Government or from a Co-operative Society for the bona fide purposes of improving the land.

(6) Grant of lands to applicants of the depressed classes may be made on the following shraya rates, as a further concession:

(7) No single applicant or family shall be ordinarily Each family given land exceeding five acres in extent or Rs. 100 in value, but where it is proposed to grant a larger extent or lands of a higher value, the sanction of the Revenue Com-missioner or Government shall be obtained as in the case of lands given for upset price under other circumstances.

N.B.~- The concessions contemplated in the Rule should be granted only to the members of the depressed classes who are regarded as Hindus.
* Note.;- Depressed classes in the above paras include Pishari community. Ordinarily

*Inserted by G.O.No. R 172- L.R. 8-31-62 dated 6th August 1932


(8) Before any land containing a large number of sandal trees is granted for cultivation, the Forest Depart¬ment shall be consulted and if there is a large number of grown up sandal trees distributed all over the survey number, such survey number shall be reserved for Govern¬ment. If there is a growth only in a portion of the survey number and the remaining portion does not contain many trees, such remaining portion may be granted for cultiva¬tion after being formed into a separate survey number, provided the extent does not fall below the minimum for the tract. In special cases, where it is possible to mark off the portion containing sandal trees and reserve it, such portion, even if below the prescribed minimum, may, with the sanction of the Deputy Commissioner, be sub¬divided and reserved to Government, the remaining portion of the survey number being alone granted for cultivation with a proportionate reduction of assessment.

(9) For the purposes of this Eule, any land which contains ten or more sandal trees of over 12 inches girth per acre shall be considered as having a large number of sandal trees and such land shall be reserved. Lands containing a smaller number of trees and those containing a sprinkling of green plants may be given out for culti¬vation.

(10) Lands containing sandal trees when granted for occupation shall always be sold by auction and the upset price to be levied shall be calculated so as to include the present value of the bonus that would be payable to the occupant in respect of such trees under the orders of Government for the time being in force in this behalf.

44. If the survey number has not already been assessed, it shall be assessed in the manner provided for in Eule 30 (a) and the assessment so fixed shall hold good, pending the period for which the current survey settle¬ment for the village in which the land is situated has been guaranteed, and shall be liable thereafter to revision at every general Survey Settlement of the said village.

45. If the permission to occupy a land happens to be granted at a time of the revenue year when it is impos¬sible to deriye any crop from the land within that year, it shall be in the discretion of the Deputy Commissioner to direct that the liability to pay assessment shall commence from the ensuing year.


46. If it shall appear that the bringing of any survey number under cultivation will be attended with large expense, or if, for other special reasons, it shall seem desirable, it shall be competent to the Deputy Commis¬sioner, with the previous sanction of Government, to give the number revenue-free or at a reduced assessment for a certain term, or revenue-free for a certain term and at a reduced assessment for a further term, and to annex such special conditions to the occupancy as the outlay or other reasons aforesaid may seem to him to warrant: provided always that, on the expiry of the term or terms so agreed upon, the land shall be liable to full assessment under the rules then in force for lands to which a Survey Settlement has been extended.

47. The occupancy of building sites shall ordinarily be sold by auction to the highest bidder whenever the Deputy Commissioner shall be of opinion that there is a demand for such sites ; but the Deputy Commissioner may, in his discretion, dispose of the occupa-ncy of such sites by private arrangement, either upon the payment of a price fixed by him, or without charge as he shall deem fit.

The value of sites shall be so fixed as to realize at least the full cost of the acquisition of the land appro¬priated for building purposes; provided, however, that the value of individual sites may be above or below the average value, regard being had to the extent, situation and other natural advantages or disadvantages of such sites. (Amended by Notification No. B. 6695—L. E. 482-11-1, dated 15th May 1912.)


48. Auctions held under the last preceding Eule shall ordinarily be conducted in the town or village in which the land of which the occupancy is to be disposed
of is situated. (Amended by Notification No. E. 10179—L. E. 395-16-6. dated 5th April 1917.)

49. Occupancies of building sites shall ordinarily be disposed of without reserving an annual ground-rent, (Amended by G. 0. No. E. 2228-37—L. B. 521-03-4, dated 8th September 1904.) provided that—

(A) When, as in the case of building sites at hill-stations, or in the malnad (for Rules, see Appendix C), Government have sanctioned special rules, such rules shall be followed.

(B) (Amended by Notification No. B. 6695—L. E. 482-11-1, dated 15th Mav 1912.) The occupancy of land in towns and other places of considerable size or of increasing importance, shall be disposed of subject to the condition that the Deputy Com¬missioner may, with the approval of Government, prescribe subsidiary rules to regulate the following matters, namely:—

(a) the-level, drainge, sanitation and ventilation of the buildings to be erected thereupon, the location of such buildings in relation to any street existing or projected, the design or materials to be employed, the dimensions or the cubical contents of the rooms;
(b) value of the sites and the manner in which it shall be paid ; and
(c) the time within which the construction of the building should be begun and completed and any other matters not specifically mentioned above.

The failure to comply with any of the conditions prescribed as aforesaid will render the building sites liable to resumption at the discretion of the Deputy Commissioner without payment of any compensation to the grantee, and the decision of the Deputy Commissioner shall be final in such matters.

*50. The land such as is described in clause (b) of the last preceding Rule, as well as all vacant land in other places, not already in the occupation of private individuals should, wherever possible, be demarcated on the ground into building sites, kanas, hulhittals, etc., numbered and mapped in such a manner that persons desirous of becom¬ing occupants may clearly know what plots are available and indiscriminate applications may be summarily rejected. The demarcation should be done under the direction of the Amildar, in consultation with the Village Improvment Committee, if any, existing in the village. The Deputy Commissioner may allot a group of sites to persons of a particular caste or community and prescribe any reason able terms or conditions to discourage the taking up of sites or their retention for mere speculation without build¬ing habitable residence thereon, or the purchase of an unnecessarily large number of sites by one and the same person.

* Amended by Notification No. B. 5854—L. R. 173-06-2. dated 10th December 1906, and G. O. No. R. 12540—L. B. 384-19-5, dated 30th April 1920.

Due provision should be made in the plans for roads and approaches and access of air and light and careful regard should be had to sanitary requirements. ; Darkhasts for building sites should be registered in the Register to be maintained in Form No. 3 of Appendix D. All correspondence should be noted regularly in the Register which should always be available for inspection by superior officers. In Rules 47, 49 (B) and 50, the 'powers of a Deputy Commissioner may be exercised by any other authority empowered by Government in that behalf.


51. Whenever a new village site is established in lieu of a former one, which it is determined for any reason to abandon, the new site shall be carefully marked out and mapped in the manner prescribed in the last preceding Rule.

When an entirely new village site is established, or an addition is made to an existing site, the same provi¬sions shall be observed for demarcating such new or additional site, but the disposal of the lots therein will be made under the rules ordinarily applicable to the disposal of building sites.

52. The occupancy of land near a Railway Station and within half a mile thereof or such other distance from it as may from time to time be fixed by Government, may be given out for agricultural purposes at the discretion of Deputy Commissioners, subject to the condition that the land shall be liable to resumption without payment of compensation when it is required for public purposes ; but such land shall only be given out for building purposes with the previous sanction of Government and subject to their orders in each case. (Inserted by Notification No. R, 5854—L; R, 173-06-2 dated 10th December 1906.)

53. The occupancy of land to which one of the fore¬going Rules is applicable, and concerning which no speciarl orders have been passed by Government, shall be disposed of in such manner, for such period, and subject to such special conditions, if any, as the Deputy Commissioner, subject to the control of Government, shall deem fit.

54. Whenever an occupancy is sold by public auc¬tion, an upset price shall, if the Deputy Commissioner thinks fit, be placed thereon in order to guard the revenue against loss and to prevent applications being made for such occupancies when they are not really wanted.

Every endeavour shall be made to see that the sale is widely advertised and conducted with due publicity. When once a sale is duly held and confirmed, it should not be set aside except on the ground of fraud or serious irregularity or want of due publicity in the first sale, merely because a higher value is subsequently offered for the land.( Notification No. B. 106—L. B. 2S25-22, dated the 5th October 1927.)

55. Whenever the occupancy of land is granted on special terms, whether as to the amount of assessment or as to the conditions of the tenure, a written lease shall be executed by the Deputy Commissioner clearly setting forth the terms of the grant.

Every such lease shall be in a form sanctioned by Government, and, if no suitable form has been already so sanctioned, reference shall be made and a sanctioned form obtained before the lease is executed.

A duplicate shall be kept of every lease executed under this Rule.

56. The permission in writing to be given by an Amildar or a Deputy Amildar under Section 58 of the Land Eevenue Code to enable an intending occupant to enter upon occupation shall be in the form of Appendix E.


CHAPTER VIII.

LIMIT OF FINES TO BE LEVIED UNDER SECTION 59.

[Sections 59 and 233 (1)]

57. The limit of fine to be levied under Section 59 of the Land Revenue Code when land is unauthorizedly occupied and appropriated to any non-agricultural purpose, occupation of shall be double the amount of the fine that would be leviable under Section 64 of the Land Revenue Code, if the same land being in the lawful occupation of the tres¬passer had been appropriated by him to the same purpose without the permission of the Deputy Commissioner.



CHAPTEE XII.

RELINQUISHMENT OP OCCUPANCIES.

[Section 71 and 233 (n)]

*64. The written notice of absolute relinquishment of an occupancy, required by Section 71 of the Land Revenue Code to be given to the Amildar or Deputy Amildar, shall be in the form of Appendix F, and shall be given before the 31st of March in the current revenue year. Such relinquishment shall have effect from the 1st April in such year, provided that Vaisakhi crops, if any, on lands thus relinquished, may be removed by the owner before the close of such year. In the year of Survey Settlement, however, whether original or revision, such relinquishments may be received up to the end of June of the year of such settlement. (* Amended by G. O No. B. 8156-65—L, R. 349-15-7, dated 5th February 1917.)



65. The written notice of relinquishment of an occupancy by the registered occupant in favour of one or more persons and the agreement to be entered into by such persons, or the principal of such persons, shall be in the form of Appendix Q (G, O. No. R. 2910—L. R- 409-10-4, dated 25th November 1912.)

66. Except as provided in the next following Eule, every notice and every agreement given under the last two Eules shall be endorsed by any two respectable witnesses to the effect prescribed below each of the said Forms, and the Amildar or Deputy Amildar who receives any such notice or agreement, will be held responsible for exercising due care in ascertaining the identity of the person who has signed the same notwithstanding that such notice or agreement has been duly endorsed as hereinbefore required.

67. If the land has been transferred to the person in whose favour the relinquishment is made by a regis¬tered deed of conveyance or any other kind of instrument transferring the occupancy of the land, both the notice and agreement above referred to may be executed before the Registrar or Sub-Eegistrar registering the documents, who shall attest and then forward the same to the Amildar or Deputy Amildar in order that they may be given effect to at once so far as the particulars of holding are found to be correct. In such a case, they need not be endorsed by any other witness.


68. All notices and all agreements received under Rule 64 or Rule 65 shall be kept In separate files in the records of the Amildar or Deputy Amildar.


69. It shall be the duty of every Village Accountant, if so desired by any occupant in his village or by any occupant in his or by any person in whose favour land is about to be relinquished by any occupant in his village, to prepare any notice or any agreement that may be necessary under Rule 64 or Rule 65 without fee or charge of any kind.

A Village Accountant who prepares any such notice or agreements shall affix his signature beneath the words " written by " on the lower left-hand corner thereof.

*70. (1) When a person has been in possession of an occupancy as reputed owner for 12 years or upwards with or without a document and paid revenue therefor during that period, or where a person is in possession of an occupancy as owner under a deed duly executed and registered, he may make an application to the Amildar for the registry of his name in lieu of that of the registered occupant.

(2) When during Jamabandi or at any other time it comes to the notice of the Amildar in any manner that a registered occupant has no actual interest or is believed to have no actual interest in an occupancy or in a survey number or a recognised share of a survey number included in such occupancy, he may, of his own motion, hold an enquiry into the matter.

(3) On receipt of an application under (1) above or when he proceeds suo moto as in (2), the Amildar shall cause a notice to be served on the registered occupant and also published in the village and in such other manner as he may deem proper, and after three months from the date of service and publication of the notice, hold a summary enquiry and either order or refuse to order the transfer of registry. An appeal shall lie against this order to the Assistant Commissioner in charge of the Sub-Division and a second appeal to the Deputy Commis¬sioner whose decision shall be final, but shall be without prejudice to the party aggrieved seeking such redress as may be open to him by law in a Civil Court. (* G. O. No. E. 197-213— D. R. 92-26-8, dated 9th July 1927.)

DARKASTH RULES UNDER LAND REVENUE CODE 1888 UPTO APRIL 1956

CHAPTER VI.
FORFEITURE OF OCCUPANCIES AND DISPOSAL THEREOF.
[SECTION 54.]

35. Except as provided in the next following Rule, the holding on which an arrear is due shall be declared for¬feited and proceeded against in the first instance unless the defaulter surrenders his personal property and desires it to be first sold or enters into some other arrangement by which the ready recovery of the arrear is insured.

If the holding in respect of which the arrear is due consists of two or more survey numbers or of two or more portions of land or estates separately assessed, and the Deputy Commissioner shall be of opinion that the whole amount of such arrear could be realised by the sale of some one or more only of such numbers, or portions of estates, he may, in his discretion, restrict the forfeiture to such one or more of the said numbers, or portions of estates. Where the forfeiture is intended not for the purpose of sale but for taking possession and otherwise disposing of the holding, the previous sanction of Government shall be obtained in each case.

When a holding which has been forfeited for default in payment of the land revenue due thereupon is not sold, or when the sale proceeds thereof are not sufficient to meet the arrear, the arrear or the balance of arrear payable by the defaulter shall qrdinarily be remitted without having recourse to further compulsory process. But it is not intended that in all such cases the right of recover¬ing arrears or balance of arrears from defaulters by other means should be altogether relinquished. In special cases, the Deputy Commissioner may enforce that right.

36. Inam lands held for village service, revenue or police, or for religious or charitable purposes shall not be declared forfeited and sold, but the Deputy Commis¬sioner shall proceed to realize the demand against the holders by the attachment and sale of their personal and other nioveable property. In the case of unenfranchised inams on whicn arrears may be due, the Deputy Commis¬sioner may, in the event of his failing to recover the arrears by the sale of the defaulter's personal or other immoveable property, obtain the sanction of Government to the inams being declared forfeited and resumed.

37. In the case of an enfranchised alienated holding which has been declared forfeited for the purpose of sale under Section 159, such forfeiture will not operate so as to extinguish the tenure on which the alienation was made by forfeiture, by Government and the property shall be sold as alienated property, and conveyed as such to the purchaser. Provid¬ed, however, that if at such auction the property is bought in by Government, the Deputy Commissioner shall cause the land comprised in the holding to be entered in the records as unoccupied unalienated land.

38. It shall be in the discretion of the Deputy Commissioner to restore any forfeited occupancy or alienated occupancy or holding at any time on payment of the arrear in respect of which the forfeiture was incurred together with * the amount of land revenue in respect of the holding from the date of forfeiture to the date of restoration and * all the said arrear, land revenue, costs and charges within a reasoanable period.

* Amildars and Deputy Amildars may order restora¬tion of khates of lands resumed to Government for want of bidders in all cases in which they have power to resume them, on payment of the arrears together with * the amount of land revenue in respect of the holding from the date of forfeiture to the date of restoration and * all costs and charges lawfully due by the defaulter.

# 39. Every sale of a forfeited holding as such shall be Sale of made subject to the same rules and orders as are applicable to the sale of unoccupied unalienated lands, so far as they are consistent with the provisions of Chapter XI of the Land Revenue Code.

The form of proclamation of sale under this Rule shall be as in Form (3) of Appendix B.

* (Added and amended as per Notification No. R. 4582— L.R. 855-87-5, dated the 2nd— 14th April 1938) and R. 71-83— L.R. 144-40, dated 18th October 1940.
*Rule 38 amended as per Notification No. R. 10— 9253— R. M. 8-55-13, dated 3rd September 1955.
#Amended by G.O. No. R. 1054-63— L.R. 369-4, dated 23rd August 1904.

* 40. "With a view to protect the interests of co-occu¬pants and other persons interested in the continuance of the occupancy or alienated holding as provided for in Section 77, Deputy Commissioners shall give them notice before declaring the occupancy or alienated holding for¬feited, provided they register their names and their interest in a register to be opened in the Taluk Cutchery for the purpose and pay on every application for such registry, a fee of one rupee in the shape of Court Fee Stamps of that value to be affixed to the -application. This proviso shallj not apply to co-occupants who may have their names am shares entered in the records under Rule 75.

The registry thus made shall not give a right to the parties concerned to receive notices under this rule fo; more than five official years beginning with the year o: registry unless a fresh application is made before the expiry of the period and the entry in the Register renewed. No fee will, however, be charged on applications for such renewal.

No fee will be charged on applications made by Co¬operative Societies for entering their names in the Register referred to above:

#Provided that in taluks where a Notification under Section 4 (2) of the Record of Rights Act has issued, the notice contemplated in para 1 shall be issued to all persons whose rights (not being merely rights of easement) have been registered in the Record of Rights, without charging any fee.

* Amended by Notification No. R. 11621—L.R. 523-05-1, dated 7th March 1905.
#Notification No. R. 5324—L.S. 68-83-S, dated 11th April 1984.

CHAPTER VII.

GRANT OF OCCUPANCIES.
[Sections 58, 60 and 233 (h) and (n).]
*41. (a) When unoccupied land is required, a written written application shall be made in person or by duly constituted agent or by post to the Amildar direct provided that, in an intending the last mentioned case, the applicant's full name and address are legibly written and his signature is attested to by the village Shanbhog or a taluk official not inferior in rank to a Revenue Inspector or a Magistrate certifying to the identity of the applicant. Applications may be pre¬sented in person to Revenue Inspectors also. In either case, i.e., when the application is received by the Amildar and sent on to the Revenue Inspector or when it is received by the Revenue Inspector himself, he shall submit to the Amildar a report in Form No. 1 of Appendix D within a week from the date of its receipt by him.

(b) All applications shall be registered in the order in which they are received in a Register which should be maintained in the Taluk Office in Form No. 2 of Appendix D. All correspondence connected with the darkhast shall be noted regularly in the Register which should be always available for inspection by superior officers.


*42. It shall be the duty of every Village Accountant, if so desired by any occupant in. his village or by any person about to become an occupant of land in his village, to prepare applications for land without fee or charge of any kind.
A Village Accountant who prepares such an applica¬tion shall affix his signature beneath the words " written by " on the lower left hand corner of such application.
The Village Officers shall not accept any engagements for lands or make any alteration in the village accounts without the written orders of the Amildar.

*Amended by Notification No. R. 12540—L.R. 384-19-5, dated 30th April 1920 and G.O. No. R. 968-77—L.R. 619-12-2, dated 28th July 1913.


43. *(1) (a) Lands under the control of the Revenue Department specified in clause (e) shall be granted at an upset price to an individual who
(i) is poor; and
(ii) has attained majority; and
(iii) is either a bona fide agriculturist or bona fide intends to cultivate the land; and
(iv) under clause (b) is eligible for the grant to the extent to which he is eligible.
(b) (i) An individual who does not own any land, shall be eligible to the extent of four acres wet or garden land or ten acres of dry land ; and
(ii) an individual who owns less than four acres of wet or garden land or ten acres of dry land shall be eligible to the grant of such extent of land as would make up, together with the land already owned by him, four acres of wet or garden land j or ten acres of dry land.

Explanation : —In this rule,

(i) two acres of wet or garden land shall be deemed to be equivalent to five acres of dry land and vice versa and the equivalent of a lesser area shall be determined in the same proportion ;
(ii) Any extent of rain fed land in the Malnad Taluks specified in rule 87 shall be deemed to be equivalent to the same extent of dry land in other taluks and vice versa.
(c) The powers of the different revenue authorities as regards the grant of land shall be as follows and any grant made in contravention of this clause shall be invalid :
(i) The Amildar may grant not exceeding four acres of dry land or two acres of rain fed wet land, provided the market value of such land does not exceed three hundred rupees ;
(ii) The Sub-Division Officer may grant not exceeding seven acres of dry or five acres of rain-fed wet land or two acres of irrigated wet land or garden land, provided the market value of such land does not exceed seven hundred and fifty rupees ; (*Notification No. R. 5536-46—L, R. 266-55-8, dated 6th July 1955 and E 6— 16328—L. E. 133-54-14, dated 13—18th January 1956.)

(iii) the Deputy Commissioner may grant land not exceeding ten acres of dry land or ten acres rain-fed wet land or four acres of irrigated wet land or garden land provided the market value of such land does not exceed one thousand and five hundred rupees ; where the market value of such land exceeds one thousand and five hundred rupees but does not exceed three thousand rupees, the Deputy Commissioner may grant the land with the previous sanction of the Revenue Commis¬sioner.

(d) In the case of grant of land to persons who are poor belonging to the Scheduled castes and the Scheduled tribes, out of the upset price payable, two hundred rupees may be waived, the balance if any, being payable in
annual instalments not exceeding three.

(e) The provisions of this sub-rule shall be applicable to the grant of the following classes of land, namely,
(i) Released date groves ;
(ii) Released forest lands ;
(iii) Released Amrit Mahal Kavals;
(iv) Excess Gomal lands ;
(v) Assessed waste lands; and
(vi) Hulbanni kharab.

1A (a) Notwithstanding anything contained in sub-rule (1) any person holding land may be granted, for an. upset price, land nearby to the land so held, if such nearby land, is, in the opinion of the authority granting the land required for the better enjoyment of the land so held or for building a farm house or for any agricultural purpose:

Provided that no' grant under this sub-rule shall be made to any person more than once.

(b) The Deputy Commissioner may grant under clause («) up to twenty guntas of wet land or one acre of dry land, provided the market value of such land does not one thousand and five hundred rupees. The Deputy commissioner may, with the previous sanction of the Revenue Commissioner, also grant up to one acre of wet or two acres of dry land, provided the market value of such land does not exceed three thousand rupees.


(2) The " upset price " shall not be arbitrarily fixed but shall represent the actual market value of the land as nearly as it can be ascertained by local enquiries and by the examination of records of sales of similar lands in the neighbourhood, and if necessary, of the registration statistics relating to them.

(3) The Amildar should invariably obtain the orders of his superior officers in regard to the disposal of lands irrigated or likely to be irrigated by large irrigation pro¬jects. The Department of Public Works should, as soon as possible, after any project is taken up for investigation or consideration notify to the Revenue Department either generally or specially, the lands which will be affected by the project.

(4) In all cases of grant of occupancies whether for a price or not, a sum equivalent to the cost of the boundary marks which have been or may have to be constructed on the land shall be invariably collected from the grantees in accordance with instructions issued by Government from time to time. The Deputy Commissioner may waive this charge in cases of extreme poverty of the applicants.

(8) (a) Every grant of land under sub-rule (1) shall be subject to the condition

(i) Where the grant is made free of cost, that the land granted shall not be alienated for a period of fifteen years from the date of the grant; or
(ii) Where the grant is made for an upset price or for reduced upset price, the land granted shall not be alienated for a period of ten years from the date of the grant:

Provided that nothing in this sub-rule shall apply to

(i) the alienation of any land in favour of the Govern¬ment or a co-operative society as security for loans obtained for improvement of the land or for buying cattle or agricultural implements for the culti¬vation of the land ; or

(ii) the leasing of any land by a person who is a widow, a minor or who is subject to physical or mental disability.

(b) If the provisions of clause (a) are contravened the land granted may be summarily resumed by the Government and such land shall vest in the Government free from all encumbrances and neither the grantee nor the alienee, if any, shall be entitled to any compensation.


(9) Lands containing ten or more sandal trees of over 12 inches in girth per acre should be reserved to Government or disposed of only in consultation with the Forest Department.

(10) Lands containing smaller number of such developed trees may be granted for cultivation under the orders of the Deputy Commissioner, who before passing orders should get a complete list of both trees and plants of sandal in the land and consider the desirability or other¬wise of granting the said land keeping in view the intention of Government to reserve all lands containing thick sandal growth.

(11) In special cases, where the land is very valuable or where there is no demand for land from persons eligible for the grant of lands under sub-rule (1), the Deputy Commissioner may, with the previous sanction of the Revenue Commissioner, sell such land by public auction.

(12) Notwithstanding anything contained in the pre¬ceding sub-rules, and subject to the provisions of sub-rule (10), no person shall be granted land exceeding the area to which he is eligible under sub-rule (1), either free or at an upset price or at a reduced upset price, except with the previous sanction of Government.

(13) Where the unoccupied Government land available for being granted for cultivation exceeds twenty-five acres in any village, not less than twenty percent of such land shall be reserved for being granted to persons belonging to the Scheduled castes and the Scheduled Tribes.

(14) In the case of educational institutions approved by the Director of Public Instruction, the Deputy Com¬missioner, may grant lands whether dry or wet, not exceeding ten acres, the market value of which does not exceed one thousand rupees. The Deputy Commissioner, with the previous sanction of the Revenue Commissioner, may grant lands exceeding ten acres but not exceeding twenty-five acres, the market value of which exceeds one thousand rupees but does not exceed two thousand five. hundred rupees. No land exceeding twenty-five hundred rupees shall be granted to any educational insti¬tution without the previous sanction of Government. The grant of land made under this sub-rule shall be subject to the .condition that the land granted shall not be alie¬nated by the grantee and shall be liable to resumption when the recognition to the educational institution is withdrawn by the Director of Public Instruction or when it is put to use for a purpose other than that for which it is granted. The grantee shall execute a bond to abide by the conditions of the grant.

43-A. (1) Where any land has been leased under the " Grow More Food " Scheme to persons belonging to the schedule caste and scheduled tribes, who are poor and the lessee is under the scheme entitled to confirmation of the land on payment of the upset price, the said land may, if an application is made by the lessee in accordance with sub-rule (2), be granted to him by the Deputy commissioner subject to the provisions of sub-rule (3) waiving two-hundred rupees out of the upset price, the balance being payable in annual instalments not exceeding three.

(2) A lessee referred to in sub-rule (1) may apply to the.Deputy Commissioner requesting that the land leased to him may be granted to him arid agreeing to surrender the -lease and to pay the amount payable under sub-rule (1) in the manner indicated therein and to hold the land subject to the conditions specified in sub-rule

(3) (a) Every grant of land under sub-rule (1) shall be subject to the conditions:
(i) where the grant is made free of cost, that the land granted shall not be alienated for a period of fifteen years from the date of the grant; or
(ii) where the grant is made for an upset price, that the land granted shall not be alienated for a period of ten years from the date of the grant; or
(iii.) Provided that nothing in this sub-rule shall apply to : —
(A) the alienation of any land in favour of the State Government or a Co operative Society, as security for loans obtained for improvement of the land or for buying cattle or agricultural implements for the cultivation of the land ; or
(B) the leasing of any land by a person who is a widow, a minor or who is subject to physical or mental disability.

(b) If the provisions of clause (a) are contravened, the land granted may be summarily resumed by the State Government, and such land shall vest in the State Government, free from all encum¬brances, and neither the grantee nor the alienee, if any, shall be entitled to any compensation,

*43-B. (1) Lands under the control of the Revenue Department specified in clause (e) of Rule 43 may also be granted free of cost to a political sufferer who:
(i) is poor; and
(ii) has attained majority; and
(iii) is either a bona fide agriculturist or bona fide intends to cultivate the land ; and
(iv) under sub-rule (2) is eligible for the grant to the extent to which he is eligible.

(2) (i) A political sufferer, who does not own any land, shall be eligible to the grant of land to the extent of four acres of wet or garden land Or ten acres of dry land ;

(ii) A political sufferer, who owns less than four acres of wet or garden land or ten acres of dry land, shall be eligible to the grant of such extent of land as would make up, together with the land owned by him, four acres of wet or garden land or ten acres of dry land.

(3) Subject to the provisions of sub-rule (2), the lands specified in clause (e) of Rule 43 may also be granted at an upset price to a political sufferer, who :

(i) has attained majority and
(ii) is either a bona fide agriculturist or bona fide intends to cultivate the land.

*Notification No. R.6—16353—L. R. 11-55-89, dated 23rd January 1956.


JAMABANDHI - GOVERNMENT ORDERS, CIRCULARS AND RULES OF MYSORE

NOTE: JAMABANDI is a settlement of the amount of revenue assessed upon an estate, a village or district a village or district rent roll; a register of the village holdings; a statement exhibiting the particulars of the public revenue its amount, and how assessed; annual settlement or revenue with cultivators or ryotwari settlement an annual statement, modified according to the circumstances under which the revenue is paid whether by individuals or communities, and whether to a zamindar or to the government.

(iv) Disposal of Takrar Taktas, Darkhasts and Razinamas.—The matter should be disposed of on their merits. The number of darkhasts and razinamas pending disposal at the end of the year should be noted in the detail, viz., the number received and disposed of and balance. The disposal of takrar taktas and darkhasts of a special nature must engage the Jamabandi Officer's special attention. A few of the lands resigned may also be inspected to see whether they have been cultivated after relinquishment. (No. 3231-8—R. 1053, dated 17th October 1900, No. 2594-601— R. 654, dated 5th September 1896.)

(v) Analysis of Darkhasts.—Jamabandi Officers will do well to give an analysis of darkhasts under the following heads:- (1) Darkhasts for assessed land. (2) Darkhasts for unassessed land. (3) Darkhasts for Government water. (4) Darkhasts for House sites. It will be also interesting to know, if possible the average time taken for the disposal of each kind of darkhast and also cases in which such applications have been pending for more than six months with reasons for delay. (G.O. No. 14253-666—L.R. 413-0-11, dated 8th May 1906.)

The Jamabandi Officer should inspect the breached tanks during their tours, before the Jamabandi of each year, have a list prepared and grant the remission due, under the rules. (Revenue Commissioner's Circular No. R. Dis. 71—26-27, dated 13th November 1920.)

Regarding the periodical submission of village accounts to the Taluk Keeords, the Amildars, should make sustained and systematic efforts to enforce the rules and Inspecting officers should furnish exact information regarding progress and results in their reports. Discipli¬nary notice stiouid also be taken of any slackness on the part of Shanbhogs. (Revenue Commissioner's Circular No. C. 495—20-21, dated 6th March 1925.)

All conditional grants should be ordered to be brought on the Takrar Takhta and placed with the opinion of the Amildar before the Huzur Jamabandi Otiicer for his orders. (Revenue Commissioner's Circular No. C. 2493—G1. 20-21, dated 19th January 1921.)

It is most convenient to deal with Takrar Taktha cases during Jamabandi. As many cases of Takrar Takhtas as possible should be dealt with during Jamabandi. (Revenue Commissioner's Circular No. D1-Dis. 1246—26-27, dated 12th May 1927.)

The following instructions are issued for the guidance of Jamabandi officers with a view to avoiding inconveni¬ence to people :-

(1) Every officer holding either the Dittam or Huzur Jamabandi should draw up a well-conceived programme indicating the places and dates of Jamabandi camps at least a month before the Jamabandi actually commences and inform the Revenue Inspectors definitely of the exact date, at least ten days before the Jamabandi com¬mences in each Hobli. A copy of the programme should be affixed to the Notice Board of the Taluk Office concerned and in the case of Higher Officer, to the Notice Board of their offices also in addition. (Revenue Commissioner's Circular No. C. 1881—27-38, dated 16th October 1927.)

(2) The Huzur Jamabandi Officers should arrange their programme of inspection should be so arranged so as not to interfere with the Jamabandi work of the Amildars. The Jamabandi Officer should make it a point to commence his work and he should commence not later than twelve noon and; to close it as early as possible, as otherwise villagers who come from distant places once notified will be put to considerable inconvenience. The dates and places once notified should be strictly adhered to. In selecting the Jamabandi camps, due regard should be paid to the convenience of villagers who attend and places which contain facilities for people to stop in case there is a need to do so should be selected. The Jamabandi Officers should be available to the public for a certain time during hours early enough to suit the convenience of the public. Local inspection, etc., should be attended to daily in the mornings and should not be made a ground for commencing or closing the Jamabandi work late in the day. The Deputy Commissioners are requested to see that the above instructions are strictly enforced. All special grants of land should be examined by the officers during Jamabandi, and a paragraph explaining the results of their examination should be embodied in the Jamabandi reports. (Revenue Commissioner's Circular No. D(1) Dis. 1287-29-30, dated 27th November 1929.)

The officers of the Revenue Department are not only responsible for the collection of revenue, important though it is, but are also concerned with the manifold relations existing between Government and the Agri¬cultural as well as non-agricultural classes and they should devote special attention and interest in every activity calculated to improve the moral and material welfare of the rural population. They should invariably enquire into the various ameliorative needs of the villagers in general and depressed classes in particular, during their tours, inspections and Jamabandi. (Revenue Commissioner's Circular No. C. 6504—39-40, dated 11 th May 1940.)

Separate registers should be maintained in respect of lands sanctioned under the special rules to depressed and landless classes and the terms of the grant invariably noted therein and also in the index of lands and the R.R. Registers. The Village officers may be strictly instructed to bring to the notice of the revenue authorities immediately the land granted under the above con¬ditions is sold, alienated or otherwise disposed of, contrary to the conditions of the grant. The mainten¬ance of special registers should be insisted upon not only in the Taluk Offices but also by the Shanbhogues and these should be examined by the Jamabandi, Officers and attested in token to cancel the grants already made, in case it is found that the lands have been alienated or otherwise disposed of. (Revenue Commissioner's Circular No. C. 3591—39-40, dated 12th February 1940.)

The following other items of work should receive the special attention of the Jamabandi Officers: —

(1) All the cases where the village officers are not residing in their firkas should be scrutinized and action taken as per G.O. No. R. 4111-9—L.R. 295-57-3, dated 10th March 1938.
(2) Illiterate patels should be replaced by literate patels.
(3) The Barabaluthi Register should be scrutinized to see if arrangements are made to fill up permanent vacancies as per rules and that acting arrangements are not prolonged unnecessarily.
(4) The Index of Lands should be examined to see if it has been posted up-to-date. 
(5) Bakipattis under all items of revenue should be got prepared and scrutinized and recoveries made.
(6) The Revenue Inspector and the Amildar should check the pahani with reference to" "Phada Taktha " arid see that no leakage of revenue is allowed to occur, in respect of all cases of unauthorised cultivation.

GENERAL INSTRUCTIONS FROM 1900 FOR THE SPEEDY DISPOSAL OF DARKHASTS.

(1) Large pendency of darkhasts for land at the close of every year not only causes loss of revenue to Government, but also retards extension of the arable area. Darkhasts should, therefore, receive prompt attention. (G.O. No. R. 11926-75—L.R. 185-18-6, dated 19th March 1919).

(2) As soon as the application for a portion of an unassessed survey number, including gomal survey num¬bers, for which previous sanction has been obtained, is decided by the Deputy Commissioner to be granted, the portion concerned should, on the authority of the Deputy Commissioner, be at once measured and marked off on the field, through the agency of Revenue Inspectors or other taluk officials under the general supervision, if neces¬sary, of the District Surveyor. The assessment should be fixed by the Deputy Commissioner on the basis of survey rates prevailing in neighbouring lands of similar description. The results should be embodied in Form A, Appendix IX, to this Manual. (G.O. No. R. 7486.94—L.R. 294-04-2, dated 18th December 1904).

(3) Applications for portions of assessed survey numbers should be dealt with in precisely the same manner as laid down above, with the exception that, in taluks in which re-survey operations have been completed or are in progress, the sanction of the Superintendent of Land Records must be previously obtained and the rates should be those shown in the akarband for the entire survey numbers. The result under this para should also be entered in the form above referred to.
Note 1.—Sub-Division of assessed survey numbers should be discouraged by encouraging the taking up of the entire survey numbers by two or more persons between them. In such cases, the share of each can be separately recognised and registered in the said form.

2. The above instructions apply to survey numbers of unwieldy size of about double minimum prescribed.

(4) Darkhasts, whether under para (2) or (3) supra, shall be subject to the minima laid down Appendix H, L.R.R., provided that the portion left after in sub-division is riot less than the pi-escribed minima. Their grant will be subject to the final adjustment of boundary lines and assessment by the department of Land Records under clause (a) Rule 30 L.R.R., (for powers of several officers to constitute into separate Survey Numbers of extents falling below the prescribed minima, vide para. . . .in Chapter IX).

(5) Form A referred to above, is designated and maintained as a supplement to the Index of lands (village Form No. I) for each village concerned and can easily be embodied in the remaining village forms.

(6) These directions do not apply to the darkhasts for lands for coffee cultivation.

(7) The form should be filled up retrospectively to include all darkhasts in which cultivation permits have been granted, but which have not as yet been given effect to in the akarband. Upon a part survey number being measured and demarcated by the Department of Land Records and brought on to the akarband, it should be struck off the form, an entry to that effect being made in the column of remarks, quoting authority.

(8) No alteration or amplifications whatever should be made on the village map, except by the Depart¬ment of Land Records. For illustrating the sub-divisions provisionally effected, extracts of the survey numbers should be taken by tracing them on thin paper and pasting this on thick paper, the sub-divisions being indicated on the extracts with red ink. (G.O. No. R. 3829.68—L.R, 89-16-i, dated llth October 1917 ; R. 12540—L.R. 384-19.5, dated 30th April 1920).

(9) Unassessed lands and lands specially reserved or assigned for any public, communal or municipal pur¬pose under section 39 L.R.C., e.g., gomal, date reserve, village forest, State Forest, etc.
(a) Lands in the vicinity of railway stations with¬in, the limits prescribed by rule 52. (M Lands containing valuable fruit or trees or wells or buildings.
other

(10) Necessary entries are made in the Index of lands (formerly Khetewar Patrike) at the time of survey settlement, in the case of almost all lands falling under classes (a) and -(b). If this has not been done, the omission should be made good at once by reference to Faisal Patrika, and the village map. As regards the other classes of lands, the Amildar should cause the entries to be made from time to time, as the cases come to his notice, during the cource of inspection, or as orders are received from higher officers.
(11) In order to determine whether a particular darkhast should be dealt with according to the general rule of free grant, or otherwise, reference should be made to the Index of lands, and if that document does not furnish the necessary data, the darkhast should be for¬warded to the Village Officers for furnishing a memoran¬dum in the prescribed printed forms (Appendix D.L.R.R.) not later than a week from the receipt of the requisition.

(12) Applicants should present their darkhasts in the first instance to the Revenue Inspector who will transmit them within a week to the Amildar for orders with the prescribed memorandum. Darkhasts for unassessed lands for which there is a keen demand should not be rejected merely on the ground that assessed lands are available, but should be considered and disposed of on their merits. (G.O. No. R. 7310-7364—L.R. 411-24-1, dated, Camp Mysore, 8th June 1925). The revised form of particulars to be furnished in dealing with the darkhast applications is prescribed in Revenue Secretary's letter No. R1.-15971, dated 8th January 1955.



LEVY OF FEES FOR PHODING IN THE CASE OF LANDS DISPOSED OF UNDER RULE 43 OF THE L.R. RULES.

(13) (a) Fees for phoding in the case of lands dis¬posed of under Land Revenue Rule 43 will be on the following scale. (G.O. No. R. 7341-51—L.R. 670-28-46, dated 12th May 1930; R. 144-57—L.S. 17-51-4, dated 4th April 1953).
(i) In respect of all dry lands Rs. 20 per survey number.
(ii) In respect of all wet and garden lands Rs. 24 per survey number.
(iii) For Coffee, Tea and Cardamom lands.
(a) When the area is 30 acres or less, Rs. 40 per survey number.
(b) When the area exceeds 30 acres Rs. 50 per survey number.

Saguvali chits may be issued if the grantee executes a mutchalika in the presence of the Amildar to put up boundary marks, etc., at his own cost and if he fails to do so he must agree to the recovery of phodi fees at the rates specified above. (G.O. No. 7895-907—-L.S. 1-53-96, dated 3rd October 1954).

GRANT OF LANDS TO DEPRESSED CLASSES.

(14)
(1) Rules in respect of the grant of lands to depressed classes are governed by Rule 43 of the Rules under the Land Revenue Code.
(2) In addition, the .lands referred to below may also be granted :
(3) Lands out of date reserve lists thrown open for cultivation may be given to applicants of the land¬less and depressed classes on the conditions approved for the grant of lands out of amrut mahal kavals to these classes ordered in Government Order N.R. 2378-88—L.R. 92-22-16, dated 23rd November 1922. (G.O. No. R. 3385-94—L.R. 92-23-93, dated 6th December 1926)


MALKI VALUE.

(15) (i) In cases where the upset price of the land goes far beyond Rs. 100 by reason of the existence of valuable malki on it, and the grantee cannot afford to pay the value of the malki standing on the land, the malki may be disposed of separately in open sale and the land without it may be granted to the depresed class applicants under the concession rule applicable to them. (G.O. No. R. 3472-89—L.R. 311-40-4, dated 18th November 1940).

(ii) The above concessions are extended to the cases of poor persons of other communities also. (GO No. R. 6-19076-87—L.R. 469-94-38, dated 22nd March 1955).

(iii) Twenty per cent of the released kavals in the State should be reserved for disposal to the applicants belonging to Depressed Classes. (G.O. No. R, 859-24—L.R, 321-54.6, dated 10—llth September 1954).


(16) The rules relating to the grant of lands to Depressed Class applicants are applicable to grant of lands for coffee and cardamom cultivation. (G.O. No. R. 11292-96—L.R. 396-54-2, dated 30th October 1954).


GRANT OF LAND TO POLITICAL SUFFERERS.

(i) The Deputy Commissioners of Districts are empowered to grant lands to Political Sufferers up to a limit of five acres of dry or three acres of wet lands.
(G.O. No. R, 14322-33—L.R. 226-53-8, dated 9th December 1953).

(ii) The Revenue Commissioner is empowered to sanction ten acres of dry land or five acres of wet land to political sufferers free of cost or for upset price. (G.O. No. R. 6-18887-97—L.R. 251-54-12, dated 11—12th March 1955).

(iii) Ten per cent of the surrendered Amrit Mahal Kaval lands should be reserved for being_ granted to political sufferers. (G.O. No. R, 859-24—L.R. 321-54-4, dated 10—ll th September 1954).

CATEGORY OF LANDS WHERE PRECAUTION IS TAKEN IN LAND GRANTS:-

No grant of lands of the marginally noted categories should be made merely on application and in every case including those under Grow More Food Scheme, the procedure prescribed in chapter VII of Land Revenue Rules should invariably be followed such as the completion of the Darkhast memorandum in the pres¬cribed form, drawing up mahazar in the village after due publicity and consultation with the Departments con¬cerned such as Public Works Department, etc. (R.C.'s Circular No. C3-1893—52-53, dated 8th December 1952).

(i) Lands within 50 feet of full water level of tanks, beds of tanks, breached, abandoned or in action,
(ii) Thopes,
(iii) Plots containing a khatte and land within a 100 yards of a khatte
(iv) Voni,
(v) Areas adjoining or containing feeder hallas,
(vi) Gomal, when gomal is inadequate or just sufficient.



RULES REGARDING UPSET PRICE IN MYSORE AREA DURING UPTO 1960’S

(1) The manner of fixing the upset price is laid down in Rule 43(2).

(2) The Revenue Commissioner will fix a table of upset price in consultation with the Deputy Commis¬sioners in respect of each taluk or hobli and report the fact to Government. (G.O. No. R. 7892-901—L.R. 266-53-3, dated 10th August 1953).

(3) The table of upset prices of land fixed by the Revenue Commissioner should be taken only as a guide and the Deputy Commissioners and other local officers should exercise their discretion in fixing the upset price keeping in view the fertility of the soil and the locality. The Deputy Commissioner and other local officers are further instructed not to enhance at the time of confirmation the upset price of lands fixed at the time of grant of land under Grow More Food Scheme except in cases of fraud, collusion or in cases where the lessees have not fulfilled the terms of lease grant. (Letter No. R. 5-15570—L.R. 469-54-2, dated 6th January 1955 from the Revenue Secretary to Government).


(4) The table of Upset prices is only a gujde and not a list which should be blindly adhered to. It is im¬pressed on the local officers that as far as possible in each case they should use their discretion and if in any case it is felt that the upset price according to the table of upset prices is either low or high they should not hesitate to state the fact and make suitable recommendations. Now that the prices of lands are at the downward trend, the Deputy Commissioners of Districts and Local Revenue Officers are directed to note that the upset prices as per table of upset prices must be considered to have been reduced by up to 50 per cent and the valuation of the upset prices adopted accordingly. The several circulars issued from time to time and the instructions issued by Government in their Letter of the 6th January 1955 referred to above and enclosed to this circular, should be sufficient guide to the local officers not to make any mistake in the matter of fixing up upset prices of lands. It is further emphasized that in case of the landless bona fide agriculturists, a, point should be stretched in their favour. Lilt (R. C's. Circular No. Cl 1-2453 and R.M.P.R. 8—54-55, dated 1st February 1955).

(5) Upset price should be levied on phut kharab, included in the lands, applied for coffee cultivation except where it is useless to the applicant, being deducted from the survey number on account of public roads, pathways, etc. If the extent of phut kharab is large the same should be excluded entirely from the land applied for, if it can be separated; but if the applicant chooses to have it included in the land he should pay upset price therefor unless it happens to be a public road, etc. (G.O. No. 1587-95—L.R. 608, dated llth August 1896).

(6) By way of cross check on the valuation of lands by the Revenue Inspectors and village officers, it would be necessary to collect figures under registered documents from the Sub-Registry office which give a fairly correct idea of the valuation of the land in different localities of the Taluk. This information should also be kept upto-date and referred to, while fixing the upset price of lands. Similarly the Land Acquisition Officers may be asked to furnish from the awards passed by them, the valuation fixed for the different categories of lands, from time to time, in the case of valuable lands like tank-bedSj aban¬doned kaval, etc., the valuation should be done with greater care and scrutiny. (R. C's. Circular No. R. Dis. C. 3-168S—52-53, dated l»th November 1952).
As regards malki its value should bear some relation to current market rates, for the corresponding timber or wood and in the case of trees of reserved kind the pres¬cribed rules of valuation under the forest, excise and revenue codes with references to girth, height, age and time value should be directly adhered to.

The upset price to be levied on Service Inam Lands whose Inam Tenure is cancelled due to non-perform¬ance of such services.

(7) An upset price equal to 20 years difference between the assessment and jodi may be recovered and confirmed to the present holders of all service inam lands whose inam tenure is cancelled on the grounds that the services have become unnecessary or are not being performed, (G.O. No. R. 7780—L.R. 401-42-2, dated 10th March 1943).

Upset price on Lands granted to Adikarnataka Colonies.

(8) The Revenue Commissioner is empowered to waive the recovery of upset price up to a limit of Rs. 250 on lands required for Adikarnataka colonies or for extention of villages for housing Adikarnatakas and other depressed class people. (G.O. No. R. 2811-21—L.R. 223-43-2, dated 16th November 1943) .

CASE LAW ON LAND LAWS

KARNATAKA LAND LAWS