A Bill further to amend the Karnataka Land Revenue Act, 1964.
Whereas it is expedient further to amend the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the seventy sixth year of the Republic of India, as follows:-
1. Short title and commencement.-(1) This Act may be called the Karnataka Land Revenue (Second Amendment) Act, 2025.
(2) It shall come in to effect at once.
2. Amendment of section 127. In the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1914) (hereinafter referred the Principal Act) in section 127, in sub-section (1),-
(i) in clause (d), the words "including but not restricted to particulars of joint family members with respect to Jamma Bane holdings in Kodagu District", shall be inserted at the end:
(ii) after clause (d), as so amended the following shall be inserted, namely:-
"(e) such other additions, deletions and corrections in the manner prescribed
with respect to Jamma Bane lands in Kodagu District, not inconsistent with the provisions of sub- section (20) of section 2, section 80 and sub-section (2) of section 79 and in accordance with the names of all occupants of a joint family".
3. Amendment of section 128. In the Principal Act, in section 128,-
(i) in sub-section (1), after the words "gift, lease or otherwise," the words. "including as a member of a joint family holding in Jamma Bane lands of Kodagu District", shall be inserted -
(ii) after sub-section (4), the following new sub-section shall be inserted, namely
(5) The Government shall authorise the revenue officers in Kodagu District who, on receipt of an application or otherwise, and after such enquiry and examination of documents as prescribed, with respect to the acquisition of an interest by any person in any Jamma Bane holding together with other members of his joint family from 1 February 2013, shall provide a written acknowledgement to the applicant and other members of his joint family as reported".
4. Amendment of section 129. In the Principal Act, in section 129, after sub-section (7), the following sub-section shall be inserted, namely:-
"(8) The authorised officer appointed by the Government for Jamma Bane holdings in Kodagu District shall make entries of any report submitted or application received under sub-section (4) of section 128, in the Register of Mutations and proceed in accordance with the provisions of sub-sections (2), (3), (4), (5), (6) and (7) of section 129".
5. Amendment of section 130.- In the Principal Act, in section 130, in sub-section (3), after the existing proviso, the following proviso shall be inserted, namely:-
"Provided further that, with respect to Jamma Bane lands in Kodagu District, such obligation shall extend to information and documents regarding family tree, survivorship, inheritance (notional or otherwise), alienation or privileges, mortgage, lease and particulars of the joint family".
STATEMENT OF OBJECTS AND REASONS
The system of Jamma Bane tenure is a special form of holding prevalent in Kodagu District, from other classes of land in the State. Historically, these lands have been held and enjoyed on the basis of customary rights by members of joint families, often without clear entries in the Record of Rights. With the passage of time, complications have arisen in maintaining accurate records of ownership, inheritance, survivorship and alienations pertaining to Jamma Bane holdings.
In particular, the absence of explicit provisions in the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), to record the rights of joint family members in such holdings has led to difficulties in mutation, registration, inheritance and maintenance of revenue records. Numerous disputes have emerged regarding succession, alienation and privileges attached to Jamma Bane lands, resulting in avoidable litigation and administrative delay.
It has therefore become necessary to provide statutory recognition of the peculiar nature of Jamma Bane tenure in Kodagu District and to ensure that the rights of all members of a joint family are duly recorded in the mutation and revenue registers. By specifically amending sections 127, 128, 129 and 130 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), to,-
(1) mandate inclusion of particulars of joint family members in the Register of Mutations in respect of Jamma Bane holdings;
(2) require reporting of acquisition of rights as members of a joint family in such lands;
(3) empower designated Revenue Officers in Kodagu District to enquire and acknowledge such rights; and
(4) provide for proper registration of such rights in the mutation register and ensure that relevant information relating to family tree, survivorship, inheritance and privileges is furnished;
These amendments seek to bring clarity, reduce litigation, and safeguard the rights of all stakeholders in Jamma Bane lands while maintaining conformity with other provisions of the Act.
Hence, the Bill.
FINANCIAL MEMORANDUM
There is no extra expenditure involved in the proposed legislative measure.
KRISHNA BYREGOWDA Minister for Revenue
M.K. VISHALAKSHI
Secretary Karnataka Legislative Assembly
127. Record of Rights. (1) A record or rights shall be prepared in the prescribed manner in respect of every village and such record shall include the following particulars:-
(a) the names of persons who are holders, occupants, owners, mortgagees, landlords or tenants of the land or assignees of the rent or revenue thereof;
(b) the nature and extent of the respective interest of such persons and the conditions or liabilities (if any) attaching thereto;
(c) the rent of revenue (if any) payable by or to any of such persons; and
(d) such other particulars as may be prescribed.
(2) The record of rights shall be maintained by such officers in such areas as may be prescribed and different officers may be prescribed for different areas.
(3) When the preparation of the record of rights referred to in sub-section (1) is completed in respect of any village, the fact of such completion shall be notified in the official Gazette and in such manner as may be prescribed.
128. Acquisitions of rights to be reported.-(1) Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord or tenant of the land or assignee of the rent or revenue thereof, shall report orally or in writing. his acquisition of such right to the prescribed officer of the village within three months from the date of such acquisition, and the said officer shall at once give a written acknowledgment of the receipt of the report to the person making it:
Provided that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the prescribed officer:
Provided further that any person acquiring a right by virtue of a registered document shall be exempted form the obligation to report to the prescribed officer:
Provided also that any person reporting under this sub-section the acquisition by him of a right in partition in respect of the land shall annex with the report a sketch showing the metes and bounds and other prescribed particulars of such land and such person shall get the sketch prepared by a licensed surveyor or as prescribed
Explanation I. The rights mentioned above include mortgage without
possession but do not include an easement or a charge not amounting to al
mortgage of the kind specified in section 100 of the Transfer of Property Act, 1882 (Central Act No. 4 of 1882).
Explanation II.-A person in whose favour a mortgage is discharged or extinguished or a lease determined acquires a right within the meaning of this section.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, by notification, appoint any Revenue Officer to whom a report under sub-section (1) may be made, in which case such officer shall give a written acknowledgment of the receipt of such report to the person making it, and forward the report to the prescribed officer of the village concerned.
(3) If any person makes a report under sub-section (1) or sub-section (2),-
(a) after the period of three months but within the period of one year from the date of acquisition of the right, the report shall be received on payment of a penalty of two rupees;
(b) after a period of one year from the date of such acquisition, the report shall be received on payment of a penalty of not less than two rupees but not exceeding ten rupees, as may be ordered,
(1) by the Tahsildar, in case the report is made under sub-section (1) to the prescribed officer, or
(ii) by the Revenue Officer, in case the report is made to such officer under subsection (2).
(4) No document by virtue of which any person acquires a right in any land as holder, occupant, owner, mortgagee, landlord or tenant or assignee of the rent or revenue thereunder, shall be registered under the Indian Registration Act, 1908 (Central Act 12 of 1908), unless the person liable to pay the registration fee also pays to the registering authority such fees as may be prescribed for making the necessary entries in the record of rights and registers referred to in section 129; and on the registration of such a document, the registering authority shall make a report of the acquisition of the right to the prescribed officer.
129. Registration of mutations and register of disputed cases.-(1) The prescribed officer shall enter in the Register of Mutations every report made to him under sub-section (1) of section 128 or received by him under sub-section (2) or sub-section (4) of the said section.
(2) Whenever a prescribed officer makes an entry in the Register of Mutations, he shall at the same time post up a complete copy of the entry in a conspicuous place in the chavadi and shall give written intimation to all persons appearing from the Record of Rights or Register of Mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein.
(3) Should any objection to any entry made under sub-section (1) in the Register of Mutations be made either orally or in writing to the prescribed officer, it shall be the duty of the prescribed officer to enter the particulars of the objection. in a Register of Disputed Cases.
(4) The objections entered in the Register of Disputed Cases and such other objections as may be made during the enquiry shall be enquired into and disposed of by such officer and in such manner as may be prescribed. Orders disposing of such objections shall be recorded in the Register of Mutations by such officer.
(5) The officer holding an enquiry under sub-section (4) shall have all the powers under Chapter III, that a Revenue Officer has in making a formal or summary enquiry under this Act.
(6) Entries in the Register of Mutations shall be tested and if found correct or after correction, as the case may be, shall be certified by such officer as may be prescribed.
(7) The transfer of entries form the Registers of Mutations to the Record of Rights shall be effected in the prescribed manner, provided that an entry in the Register of Mutations shall not be transferred to the Record of Rights until such entry has been duly certified.
130. Obligation to furnish information.-(1) Any person whose rights, interests or liabilities are required to be or have been entered in any record or register, under this Chapter shall be bound, on the requisition of any officer engaged in compiling or revising the record or register, to furnish or produce for his inspection within thirty days from the date of such requisition, all such or after correction, as the case may be, shall be certified by such officer as may be prescribed.
(7) The transfer of entries form the Registers of Mutations to the Record of Rights shall be effected in the prescribed manner, provided that an entry in the Register of Mutations shall not be transferred to the Record of Rights until such entry has been duly certified.
130. Obligation to furnish information.-(1) Any person whose rights, interests or liabilities are required to be or have been entered in any record or register, under this Chapter shall be bound, on the requisition of any officer engaged in compiling or revising the record or register, to furnish or produce for his inspection within thirty days from the date of such requisition, all such information or documents needed for the correct compilation or revision thereof, as may be within his knowledge or in his possession or power.
(2) An officer to whom any information is furnished or before whom any document is produced in accordance with a requisition under sub-section (1) shall at once give a written acknowledgment thereof to the person furnishing or producing the same or may return the same immediately after keeping a copy of it, if necessary and shall endorse on any such document a note under his signature, stating the fact of its production and the date thereof.
(3) Any person who fails to furnish information or produce the document required by subsection (1) within the period specified in the said sub-section shall be liable to pay a penalty not exceeding twenty-five rupees, as may be fixed by the Tahsildar and the amount payable as penalty shall be recoverable as an arrear of land revenue:
Provided that no penalty shall be imposed under this sub-section without giving to the person concerned a reasonable opportunity to be heard.
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