Karnataka Land Revenue (Amendment) Rules, 2025. Draft Rules
NOTIFICATION
The draft of the following rules further to amend the Karnataka Land Revenue Rules, 1966, which the Government of Karnataka, proposes to make in exercise of the powers conferred by section 197 of the Karnataka Land Revenue Act, 1964, (Karnataka Act 12 of 1964) is hereby published as required by sub-section (1) of section 197 at the said Act, for the information of all the persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after the expiry of fifteen days, from the date of its publication in the official Gazette.
Any objection or suggestion, which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above, will be considered by the State Government. Objections and suggestions may be addressed to the Principal Secretary to Government, Revenue Department, 5th Floor, Multistoried Building, Dr. B.R. Ambedkar Veedhi, Bengaluru-560001.
DRAFT RULES
1. Title and commencement. (1) These rules may be called the Karnataka
Land Revenue (Amendment) Rules, 2025.
(2) They shall come into force from the date of their final publication in the Official Gazette.
2. Substitution of rule 6. In the Karnataka Land Revenue Rules, 1966, (hereinafter referred to as the said rules) for rule 6, the following shall be substituted, namely:-
"6. Procedure to be followed by revenue officers in conducting enquiries other than formal or summary. The opinion or decision of the officer holding the enquiry shall be recorded invariably in his own handwriting irrespective of whether the evidence has been taken down in full or only a summary thereof has been recorded or has been typed. It shall also be mandatory for the revenue officer to make a signature at the bottom of each page with the date and at the end of the enquiry report. The Revenue Officer shall record his or her name, designation and jurisdiction and the date and also obtain the name and signature with date of the persons present during the enquiry."
3. Insertion of new rules 6A and 6B. After rule 6 of the said rules, the following shall be inserted, namely:-
"6-A. Procedure to be followed by revenue officers in conducting formal enquiries.- (1) A formal enquiry under the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) and these rules shall be conducted as a public hearing and speaking order framing issues for consideration, findings on the issues after recording evidence, examining documents, evaluating arguments. and written in his hand, giving detailed reasons for the order, shall be passed and pronounced in open court:
Provided that, if the Revenue Officer conducting a formal enquiry is prevented from writing the order in his own hand, he may have it dictated to and typed by an official in his office, and record a certificate to that effect in the order.
(2) The Revenue Officer conducting a formal enquiry shall summon by notice, any person whether petitioner or respondent and examine him on oath:
Provided that, the summons shall be sent by registered post at the last known address and also be served in person. It shall be served by delivering a copy of it to the person summoned or if he cannot be found by leaving a copy of it with some adult member of his family residing with him, or by affixing a copy of it to some conspicuous part of his usual residence. If his usual residence be in another district, the summons may be sent by post to the Deputy Commissioner of that district, who shall cause it to be served in accordance with the preceding clause of this section. If a person refuses the summons, it shall be prominently attached to his or her door and a mahzar drawn up, which shall suffice as proof of service.
Provided further that, if a person is not available at the given address, a public notice shall be issued in a local newspaper having wide circulation in the said place under Order 5 rule 20 of the Code Civil procedure 1908 (Central Act No.5 of 1908).
(3) Every summons shall be in writing, in duplicate, in the specified concerned Form, and shall state the purpose for which it is issued, and shall be signed by the officer issuing it, and, shall also bear his seal; it shall require the person summoned to appear before the said officer at a stated time and place, and shall specify whether his attendance is required for the purpose of giving evidence or to produce a document, or for both purposes.
(4) The Revenue Officer conducting a formal enquiry shall issue notice requiring the discovery and production of any document.
(5) The Revenue Officer conducting a formal enquiry shall receive evidence on affidavits.
(6) The Revenue Officer conducting a formal enquiry may require any relevant public record or copy thereof from any office.
(7) When the person whose evidence may be required is unable to attend before the officer issuing the summons due to sickness or infirmity or is a person whom, by reason of rank or other valid reason, it may not be proper to summon, the officer issuing the summons may, of his own motion or on the application of the party whose evidence is desired, dispense with the appearance of such person, and order him to be examined by a subordinate deputed by such Officer for the purpose by issuing commissions for the examination of witnesses or when a document is by any order of Government, or any law in force or by efflux of time, not suitable to be carried out of its place of storage, or is available outside the jurisdiction of the officer, he may of his own motion or on the application of a party to the proceedings, issue commissions for the examination of documents to a subordinate officer.
(8) The Revenue Officer conducting a formal enquiry shall record or cause to be recorded, all evidence, pleadings, arguments verbatim, in full, in writing in Kannada or English or in any such language as may be specified by the State Government for use in the district or part of the district, and shall sign the same with date.
(9) The Revenue Officer conducting a formal enquiry shall ensure that all those interested parties summoned and present along with the counsel representing them duly sign on the daily case sheet.
(10) The Revenue Officer conducting a formal enquiry shall allow if pleaded by any party, the cross examination of any witness and the same shall be recorded or caused to be recorded verbatim in the form of queries and replies.
6-B. Procedure to be followed by Revenue Officers in conducting summary enquiries.-(1) A summary enquiry under the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) and these rules shall be conducted as a public hearing and speaking order framing issues for consideration, findings on the issues after recording evidence, examining documents, evaluating arguments and written in his hand, giving detailed reasons for the order, shall be passed and pronounced in open court:
Provided that, if the Revenue Officer conducting a formal enquiry is prevented from writing the order in his own hand, he may have it dictated to and typed by an official in his office, and record a certificate to that effect in the order.
(2) The Revenue Officer conducting a summary enquiry shall summon by notice to any person whether petitioner or respondent and record his evidence:
Provided that, the notice shall be served by delivering a copy of it to the person summoned, or, if he cannot be found by leaving a copy of it with some adult member of his family residing with him, or by affixing a copy of it to some conspicuous part of his usual residence. If his usual residence be in another district, the summons may be sent by post to the Deputy Commissioner of that district, who shall cause it to be served in accordance with these rules. If a person refuses to receive the summons, it shall be prominently attached to his door and a mahzar drawn up, which shall suffice as proof of service:
Provided further that, if a person is not available at the given address, a public notice may be issued in a local newspaper having wide circulation in the said place under Order 5 rule 20 of the Code Civil procedure Code (Central Act No.5 of 1908).
(3) Every summons shall be in writing, in duplicate, in the specified concerned Form and shall state the purpose for which it is issued, and shall be signed by the officer issuing it, and, shall also bear his seal; it shall require the person summoned to appear before the said officer at a stated time and place, and shall specify whether his attendance is required for the purpose of giving evidence or to produce a document, or for both purposes.
(4) The Revenue Officer conducting a summary enquiry may receive evidence on affidavits.
(5) the Revenue Officer conducting a summary enquiry may requisition any relevant public record or copy thereof from any office.
(6) The Revenue Officer conducting a summary enquiry shall record or cause to be recorded, any such inquiry proceeds, record a minute of the proceedings in his own hand in English or in Kannada, embracing the material averments made by the parties interested, the material parts of the evidence, the decision and the reasons for the same.
Provided that, it shall at any time be lawful for such Officer to conduct an inquiry directed by the Act to be summary under all or any of the rules applicable to a formal inquiry, if he deems fit."
4. Insertion of new rule 8-A and 8B- After rule 8 of the said rules, the following shall be inserted, namely.-
"8-A. Exercising of inherent powers. If the inherent power is exercised suo moto, it shall be done within six months from the date of order of the Revenue Court, only upon the discovery of new and important matter or evidence which was not within the knowledge of the Revenue Court when the order was made or if the order has been made without jurisdiction, and no appeal has been filed against the same. Irrespective of whether the power is exercised suo moto or on application by the petitioner or respondent therein, the Revenue Court exercising the power of review shall obtain a report on the matter from the subordinate competent authority and no stay shall be granted till such report is received and a prima facie mistake or error on the face of the record is noted. However, no final order of review shall be made without issuing notice under rule 8 to all parties likely to be affected by the order.
8-B. Place of enquiry or hearing cases. For the purposes of section 26, jurisdiction shall mean territorial jurisdiction and local limit shall mean the official headquarter of the Revenue Officer in case of a court case or judicial proceeding as defined under the Act and shall mean the local limit of the place of any other enquiry."
5. Insertion of new rule 9A- After rule 9 of the said rules, the following rule shall be inserted, namely.-
"9A. Legal practitioner acting for any one shall file a Vakalatnama. No legal practitioner shall act for any person in a court, unless he has been appointed for the purpose by such person by Vakalatnama signed by such person or by his recognised agent or by some other person duly authorised by or under a power of attorney to make such appointment:
Provided that, a legal practitioner when personally unable to attend to a case in which he is briefed may hand over the brief to another legal practitioner without the later filing a Vakalatnama provided such authorisation is given in writing."
6. Amendment of rule 15. In rule 15 of the said rules the following explanation shall be inserted, namely:-
Explanation: For the purposes of this Rule "office hours" shall refer to the specific time period during which the office of the concerned is open and available to the public or its clients for regular services and interactions on "working days", as notified by the Government from time to time.
7. Insertion of new rules 15A, 15B and 15C. After rule 15 of the said rules, the following new rules shall be inserted, namely:-
"15A. Defective application or Memorandum of Appeal of objection may not be received. All pleadings, applications and petitions of whatsoever nature and also Powers of Attorney and certificates of Pleaders or Advocates filed in Revenue Courts shall be written in a legible hand or type-written on white paper only on one side of legal size paper and a quarter margin together with one inch of space at the top and bottom each shall be left for binding.
Provided that when saleable forms have been specified for any purpose they shall be used, if available.
15B. Manner of applications. Every application, petition, process, notice, order, proceedings in or relating to a suit from the institution to the final execution shall bear on the right hand top on first page in the following manner, namely:-
(i) the name of the court in which the suit or application was instituted;
(ii) the subject matter of the suit or application; and
(iii) the names of the parties, their parentage, age and residence of parties in bold and clear hand writing to the suit..
15C. Amendment to application or appeal when a party expires pendente lite. When a party expires pendente lite (during litigation) a note to that effect shall be added against the name of the party and necessary consequential amendment in the body of the petition or pleading, legal heirs shall be brought on record and changes in cause title shall be made.
15D. Addresses of Parties to Litigation. At outset, all addresses shall be confirmed as valid by service through muddam or RPAD(Registered Post Acknowledgement Due). Where the notices are returned as,-
(a) Addressee not found; or
(b) Insufficient address; or
(c) Not present at address etc.,;
(d) Refused.
it shall be the duty of the Plaintiff / Appellant to ensure correct addresses are obtained and confirmed, in the interest of natural justice.
15E. Defective application or Memorandum of Appeal of objection may not be received. No application or memorandum of appeal or objection shall be received if it is not in the proper Form or it is not accompanied by the necessary documents:
Provided that, the Court may receive it and for sufficient cause shown, grant such time as it may consider proper for supplying such documents or removing such defects.
Provided further that, nothing done under the first proviso shall have the effect of extending the period of limitation in the case of a memorandum of appeal where the copy of the judgment or decree or formal order is not filed within the specified time.
Provided also that, if the required documents are not supplied or the defects are not removed within the time allowed by the Court the application or memorandum of appeal shall be rejected.
15F. Persons from whom applications may be received. Except an application for copy, no application or petition and no pleading required or authorised by law to be made by party in a court shall be received from any person other than the party himself, his advocate pleader or his agent authorised in writing. No person may plead in court on behalf of the party or the appointed advocate pleader without authorisation in writing from the party or the appointed advocate pleader as the case may be."
8. Amendment of rule 16.- In rule 16 of the said rules,-
(i) after clause (f), the following shall be inserted, namely:-
"(g) court fees shall be paid as per the Karnataka Court-fees and Suits Valuation Act, 1958(Karnataka Act No. 16 of 1958)."
(ii) after second proviso the following proviso shall be inserted, namely:-
Provided also that, while hearing matters related to condonation of delay, substantial justice shall be preferred over technical considerations, the litigant must account for the entire period from the date the limitation expired to the date of filing the appeal or application but shall not be deprived of the opportunity of justice for delays caused by circumstances beyond their control unless there is evidence that the delay was caused by malafide intent or the delay causes prejudice to the opposite party, unless the delay is on account of litigation on matters related to the impugned order or if there is a pending application in a higher court or legal disability in the form of imprisonment or minor age."
9. Insertion of new rules 16A, 16B, 16C, 16D and 16E. After rule 16 of the said rules, the following new rules be shall inserted, namely:-
"16A. Technology and manner of creating, storing, retrieving and reporting proceedings on all enquiries and revenue court cases -(i)
The Government may by notification specify from time to time the platform, software, technology, forms and formats and procedure for creating, storing, retrieving and reporting all proceedings on all enquiries and revenue court cases including all documents, actions and processes associated with them including the following, namely:-
(a) Filing of application / appeal.
(b) Publishing Cause List with stage of hearing.
(c) Order on Point of Limitation.
(d) Order on admission.
(e) Issue of Notice.
(f) Appearance of Parties
(g) Consideration of issues of multiple litigation, pendente lite, malafide mis-application of jurisdiction, and applicability of the substantive section of Law.
(h) Interim Orders of stay or status quo ante etc
(i) Hearing on Merits Statements of Objections, Submission of Documents, Recording of Evidence.
(j) Closing Arguments.
(k) Announcement of Orders.
(ii) The Government may in stages, by notification, specify the manner, platform, software, technology and procedure by which Revenue Court proceedings may be videographed live and appearance by Video Conference for parties to dispute may be allowed in specified circumstances.
(iii) All such notifications shall have the force of law as if they are part of these rules.
(iv) Whenever the notifications are made, the Government shall by notification, specify from time to time, the fees and procedures for copies notices and formats, electronic or otherwise to be levied.
16B. Opposite party to be given copies of written statements etc. - The party filing any of the following papers
(i) a written statement,
(ii) an objection to the execution of an order.
(iii) an application for amendments of any pleading,
(iv) an application for amendment of an order,
(v) an application for reviewing setting aside an order and an objection to an award,
(vi) an application for the grant of stay if preferred
(vii) A list with source of documents submitted
(viii) An application for condonation of delay
in a case shall file a written acknowledgment from the opposite party or his. counsel of having received a copy duly signed thereof and also of the affidavit if any accompanying such paper and on default the court shall cause a copy to be furnished immediately or served as soon as possible on such opposite party or his counsel at the cost of the party filing the paper:
16C. Documents to accompany Memorandum of Appeal, Revision application.- Every memorandum of appeal shall be accompanied by-
(a) a copy of the order against which the appeal or application is directed;
(b) a copy of the judgment of the court of the first instance whether the appeal or application is directed against an appellate order, and
(c) in the case of memorandum of appeal, which is filed after the expiry of the period of limitation, an application with specific reasons, supported by affidavit for extension of the period of limitation or condonation of delay;
16D. Procedure in RRT and Appeal Cases (1) For all matters taken up for appeal, the authority having the duty to act judicially under the Act within the period of limitation and shall hear the matter, in open court, provided, there is a lis interpartes or a dispute between two parties, and when one of the parties is Government, such matter shall be referred under sub section (1) of section 136 of to the Karnataka Appellate Tribunal Act (Karnataka Act No 10 of 1976) No matter shall be taken up suo moto more than six months after the impugned order and for all matters taken up suo moto under section 136(3), with reference to section 127 or 129 of the Karnataka Appellate Tribunal Act 1976 (Karnataka Act 10 of 1976)the concerned authority shall obtain a detailed report from the jurisdictional Tahsildar, along with original records and if satisfied that such matter is not a dispute with Government, proceed to hear the same after issue of notice under rule 8 to all parties likely to be affected and if such dispute is with Government, refer the matter to the Karnataka Appellate Tribunal for adjudication.
(2) All proceedings from filing of applications in court, admission of application, interim orders or directions, stays and pronouncement shall be in public court and before proceeding with the merit of the matter, the Presiding Officer shall ensure that,-
(a) Summons and manner of service are as per section 29 of the Act has been followed and all parties, applicants, appellants, petitioners, respondents, interested parties etc., have received notice to appear before the court,-
(i) in writing in duplicate,
(ii) signed by Presiding officer or authorised subordinate who is assigned a seal as per section 21;
(iii) Having date, time, place of appearance (which must be a public court and on a working day during office hours) and purpose (whether to be examined as a Party to the dispute, or provide oral evidence or produce documentary proof or all these)
(iv) Service of notice has been below,
(1) on the person and obtaining signature and date of service as proof
(2) in his absence on an adult family member ordinarily residing with him and obtaining signature and date of service as proof
(3) if not possible as per (1) or (2) above, or in case of refusal to sign, by affixing on door or a conspicuous place and obtaining a written record of server with photo as proof
(4) if in a different district through the DC of that district,
(5) if summons is returned unserved, by RPAD with acknowledgement thereon as proof
(6) if RPAD is returned unserved, then postal official's endorsement thereon as evidence and if there is prima facie avoidance by the person, by public notice published in a local newspaper with high circulation.
(b) All parties, applicants, appellants, petitioners, respondents, interested parties etc. have pursuant to such notice, themselves or through their agents duly authorised in writing, appeared before the court.
(3) The Presiding Officer shall unless circumstances and facts of the case warrant it, not issue a stay or interim order ex parte and if so warranted, shall after passing order ex parte, withhold consequent changes for a period of not less than fifteen days, allowing the affected party to make an application adducing sufficient cause for absence, so that order may be set aside and heard on merit after giving notice to other party as provided under sub-section (3) of section 36.
(4) The Presiding Officer shall ensure that there is no pendente lite in any higher court or order in force of a higher court either under this Act or any other applicable law, and take due care to ensure there is no mis-application of jurisdiction, and after ascertaining diligently, the applicability of the substantive section of law under which appeal or application is filed, shall proceed to hear the matter on merits as per section 33 and rule 6A or section 34 and rule 6B and pass speaking orders thereon.
16E. Delegation of powers to subordinate authorities. No officer shall delegate or transfer any powers of summary or formal enquiries to any subordinate or other officer in contradiction to or violation of the Act and these rules or any orders issued by Government in force and no officer shall act on such delegation or transfer unless the same is provided in the Act or these rules or by an order of Government.
10. Amendment of rule 17. In rule 24 of the said rules the following proviso shall be inserted, namely:-
"Provided that, every affidavit filed under the Act or these rules shall, if found to be false, the person swearing the affidavit shall be issued a notice giving reasonable time for reply, by the official to whom the affidavit is submitted, and if the reply is found unsatisfactory, the official may prosecute the person under Sections 228 or 229 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023)."
11. Insertion of new rules 17A. After rule 17 of the said rules, the following new rules be shall inserted, namely.-
"17A. Affidavits to accompany certain applications. The following applications shall be accompanied by an affidavit setting out in the form of a narrative, the material facts and the circumstances including names and dates where necessary on which the applicant relies, namely:-
(i) An application for review made on ground of discovery of new and important matter or evidence or any other sufficient reason.
(ii) An application for stay of execution proceedings.
(iii) An application for vacating of an order for stay.
(iv) An application for the re-admission or restoration of an appeal or application dismissed in default of appearance or for the setting aside an exparte order or decree.
(v) An application for substitution of parties or for a note to be made in the record when the legal representative of the party is on the record or when a party has died without leaving any legal representatives.
(vi) An application for transfer of a case.
(vii) Application under section 5 of the Limitation Act 1963 (Central Act 36 of 1963).
(viii) Any application for impleading of necessary parties.
(ix) Any other application stating all facts on the basis of which an order is sought or any other application which is required by any rules or law or to be supported by an affidavit.
(x) The court, at its discretion may call for an affidavit in any other matter coming before it including but not restricted to declaration of ongoing litigation on the suit property in any other court."
12. Amendment of rule 21. In rule 21 of the said rules, for sub-rule (2), the following shall be substituted, namely.-
"(2) (i) 'A' Kharab Land.-(a) 'A Kharab land' means such portion of land within a survey number which is classified as unfit for cultivation owing to rocky, sandy, or similar physical features including the farm buildings or threshing floors of the holder;
(b) Such 'A' Kharab land shall vest in the holder of the land only when the same is expressly granted, re-granted, conferred, or otherwise lawfully confirmed in his favour by the State Government under the provisions of the Karnataka Land Revenue Act, 1964, (Karnataka Act 12 of 1964) or any other law for the time being in force;
(c) Upon such lawful grant, re-grant, or confirmation, the holder shall be deemed to be the lawful owner of the said 'A' Kharab land, subject to such conditions and restrictions as may be imposed; and
(d) In the absence of such lawful grant, re-grant, or confirmation, 'A' Kharab land shall continue to remain the property of the State Government.
(ii) 'B' Kharab Land. (a) B Kharab land' means such land reserved or dedicated for public purposes, such as roads, cart-tracks, grazing grounds, burial grounds, tanks, tank-beds, river courses, drains, and such other categories or assigned for village potteries or such similar public purposes, as may be notified; and
(b) All 'B' Kharab lands shall vest absolutely in the State Government and shall not form part of the holding of any individual, notwithstanding that they lie within the boundaries of any survey number."
13. Amendment of rule 24. In rule 24 of the said rules after explanation, the following proviso shall be inserted, namely:-
"Provided that, the Government may every ten years, appoint a Committee under the Chairmanship of the Revenue Commissioner, containing the Survey and Settlement Commissioner, the Agriculture Commissioner, the Horticulture Director, suitable officials of the Water Resources Department, Animal Husbandry Department and Planning and Statistics Department and the Regional Commissioners to determine alterations required if any to the Standard Rate, the Classification of Lands, the Water Rate and the Fees and Penalties to be levied under the Act and rules made thereunder."
14. Amendment of rule 30. In rule 30 of the said rules,-
(i) in clause (i), after the words "table sheet" the words brackets and letters "or Field Measurement Book (FMB)", shall be inserted.
(ii) after clause (vii), the following new clause shall be inserted namely,-" (viii) Hissa Akarband."
15. Amendment of rule 36. In rule 36 of the said rules in clause (ii),-
(i) after the words "sub-divisions", the words "formed due to", "Darkasth phodi, Alienation Phodi, Acquisition Phodi, Land reforms phodi, and Mutation phodi", shall be inserted; and
(ii) for the words "Superintendent", the word "Director", shall be substituted.
16. Amendment of rule 43. In rule 43 of the said rules, in sub-rule (1), for the word "Shirastedar", the words "not below the rank of the Tahsildar" shall be substituted.
17. Amendment of rule 67. In rule 67 of the said rules in sub-rule (2), the words "either by Shirastedar", shall be omitted.
18. Amendment of rule 81.- In rule 81 of the said rules in sub-rule (2), for the word "fifty", the words "two thousand", shall be substituted.
19. Amendment of rule 89. In rule 89 of the said rules, for the words "thirty days", the words "fifteen days", shall be substituted.
20. Insertion of new rule 94 A. After rule 94 of the said rules, the following new rule shall be inserted namely.-
"94A.Claims over properties belonging to Government. (i) If a person makes any claim to any land as described in section 67, or claims to have acquired a right to such land, he shall make within three months of acquiring such claim or right, a report to the jurisdictional Tahsildar, along with such documents to prove the manner of acquisition of such rights and the Tahsildar after examining the original records and proof of acquisition, determine whether the said land falls within the meaning of section 67 and if it does, shall proceed to make a report to the jurisdictional Assistant Commissioner regarding the claim, whereupon, the Assistant Commissioner shall proceed to conduct a formal enquiry in section 33 and these rules and pass such orders thereon as he may deem fit, confirming or rejecting the claim and ordering summary eviction along with penalty of Rupees one thousand for every day of unauthorised occupation.
(ii) If any Revenue Officer finds any land under his jurisdiction that falls within the definition of section 67, occupied by any person himself or on behalf of any organisation, for any purpose whatsoever, he shall immediately report the matter to the jurisdictional Tahsildar, who shall proceed to conduct a survey, examine the documents and determine the period of unauthorised occupation and damage if any caused by such occupation and if the unauthorised occupation is confirmed, proceed to summarily evict the encroacher as per section 104:
Provided that, any person aggrieved by the action of the Tahsildar, may file with the jurisdictional Assistant Commissioner, a claim to have acquired a right to such land, along with necessary original documents after depositing a penalty of Rupees one thousand per day of unauthorised occupation in excess of three months of occupation, whereupon, the Assistant Commissioner shall call for a report from the Tahsildar and proceed to conduct a formal enquiry as per the Act and these rules.
Provided further that, if the claim or acquisition of right is confirmed as valid, the Assistant Commissioner may proceed to record his findings and return the penalty deposited within reasonable time.
(iii) All orders issued by the Assistant Commissioner under this provision shall be reported to the jurisdictional Deputy Commissioner as soon as possible, and in no case later than fifteen days of passing the said order, and no changes shall be made in the land records without the permission of the Deputy Commissioner:
Provided that, if the Assistant Commissioner fails to report any such order passed by him and particularly, if the said order affects in any way the rights of the Government as enshrined in section 67(1), the Tahsildar shall file an appeal with the Deputy Commissioner seeking appropriate orders under section 67(3): Provided further that, the jurisdictional Deputy Commissioner may on such report, or on an appeal filed under section 67(3) by an aggrieved party to proceedings before the Assistant Commissioner, or by the Tahsildar, within a period of sixty days, proceed to hear the appeal and pass such orders either setting aside or confirming the order appealed against. No further appeal shall lie in the said matter.
Provided also that, at any time during the proceedings or thereafter, it shall be competent for the Revenue Commissioner or if specifically delegated by the Government, the jurisdictional Regional Commissioner, within a period of five years, either on his own motion or any official report, direction or public complaint, to stay the proceedings, call for the documents, examine all records, and after summary enquiry, to order revision or otherwise as he deems fit.
Provided also that, all proceedings other than revision proceedings under this rule shall be conducted as a formal enquiry within the meaning of section 33 of the Act read with rule 6A of these rules".
21. Insertion of new rule 96A:- After rule 96 of the said rules, the following new rule shall be inserted, namely:-
"96 A. Disposal of land or other properties. (1) Disposal of lands or other property belonging to the State Government by public auction shall be carried out the officer as appointed by Government on its behalf according to the procedure in rules 120, 124 and 126 of these rules.
(2) The Deputy Commissioner shall conduct public auction as under sub-section (3) of section 92 of the Act and as per procedure laid down in rules 124, 126 and 128 of these rules."
22. Amendment of rule 97.- In rule 97 of the said rules,-
(i) after sub-rule (2), the following shall be inserted, namely:-
"Provided that, for the purpose of reckoning the heads of cattle, the published Livestock Census prevailing as on the date of the order shall be the basis and the Deputy Director, Animal Husbandry shall be the competent authority to report the exact requirement of land for grazing.
Provided further that the said forest area is not a reserved forest or sanctuary within the meaning assigned in the Karnataka Forest Act, 1962 (Karnataka Act 5 of 1964) and the forest area being marked has not been lawfully closed to grazing under the provisions of section 33 of the Karnataka Forest Act, 1962, (Karnataka Act 5 of 1964)
(ii)after sub-rule (3), the following new provisos shall be inserted, namely:-
"Provided that, the said forest or the said village is not more than two kilometres away and the distance shall be calculated aerially provided the said village does not itself have a shortage of grazing land.
Provided further that, when a new Revenue Village is notified, the Deputy Commissioner shall set apart suitable grazing land for any cattle in the said village."
(iii) in sub-rule (4), in the proviso, after clause (iv), the following new clause shall be inserted namely.-
"(v) Bechirak or abandoned village."
(iv) after clause (v) so inserted, the following new proviso shall be inserted, namely:-
"Provided further that, the reduction shall not exceed the bare minimum required for the village cattle as provided in sub-rule (1) hereunder if no land is available in adjoining villages for grazing."
23. Omission of rule 102B.- In the said rules, rule 102B and the entries relating thereto shall be omitted.
24. Insertion of new rules 106B, 106C, 106D, 106E and 106F,. After rule 106A of the said rules, the following new rules shall be inserted, namely:-
"106B. Affidavit and Document Requirements for Application under section 95(2).-(1) Every application for conversion of agricultural land under section 95(2) of the Karnataka Land Revenue Act, 1964 shall be accompanied by an affidavit in Form 21B, where the application is under clause (i), and in Form 21C, where the application is under clause (ii) of the sub-section (2) of section 95.
(2) The affidavit shall be executed on a non-judicial stamp paper of not less than 200 in value and shall be duly notarized.
(3) The application shall be submitted online, along with the mandatory supporting documents including the following in addition to the Affidavit referred to above,-
(i) latest Record of Rights, Tenancy and Crops (RTC);
(ii) mutation Extract showing lawful ownership;
(iii) pre-conversion sketch from competent authority, as applicable;
(iv) Khata issued by competent local body if the lands falls in its limits; and
(v) extract of relevant portion of the Master Plan duly published finally under the section 13(4) of the Karnataka Town and Country Planning Act, 1961(Karnataka Act 11 of 1963) where necessary
(4) applications not complying with the above shall be liable for summary rejection by the competent authority.
106C. Procedure for Conversion under Section 95(2)(i) Land within Approved Master Plan.- (1) Where the agricultural land is situated within an area covered by a Final Master Plan notified under section 13(4) of the Karnataka Town and Country Planning Act, 1961, and where the proposed non-agricultural use conforms to the zonal classification in such plan, no prior permission from the Deputy Commissioner shall be required under section 95.
(2) The applicant shall file an online application along with the Affidavit in Form 21B to the jurisdictional Planning Authority, enclosing the documents listed in rule 106B.
(3) Upon verification, the Competent Planning Authority shall assess the conversion fee, generate a challan, and on receipt of payment, issue a digitally signed Conversion Certificate, which shall be deemed valid as if issued under the Act.
(4) A copy of the Conversion Certificate shall be forwarded to the Deputy Commissioner for official records..
106D. Procedure for Conversion under section 95 (2) (ii). All Other Lands. (1) The Deputy Commissioner shall, within fifteen days from the date of receipt of the online application and affidavit, initiate and obtain verification reports from the following authorities,-
(i) jurisdictional Town Planning Authority;
(ii) spot inspection, Survey sketch and opinion and verification reports of jurisdictional Tahsildar and Assistant Commissioner;
(iii) any other authority as deemed necessary.
(2) The Deputy Commissioner shall decide the application as follows:
(a) if rejected, an endorsement with reasons shall be issued within fifteen days;
(b) if accepted, a demand notice for conversion fee and penalties (as applicable) under rules 107, 107A, 107AA and 108 as the case may be shall be issued within thirty days;
(c) upon full payment, a digitally signed conversion order shall be issued through a Government-notified procedure;
(d) if no decision is made within thirty days, a system-generated conversion order shall be deemed to be issued.
(3) If the applicant fails to make valid payment within the specified time, a final opportunity of thirty days shall be granted. Failure to comply thereafter shall result in rejection of the application with reasons recorded in writing. No request or application for further extension of time or making of the payment in instalments shall be entertained or granted.
Explanation: Valid payment for the purposes of this rule shall mean any
payment which is not as per the amount demanded or within the time limit communicated and shall include any payment not dishonoured as understood under section 25 of the Payments and Settlements System Act 2007 (Central Act 51 of 2007) and Regulations issued by Reserve Bank of India from time to time.
106E: Procedure for auto conversion under section 95 for establishing New Industries up to 2 Acres and Renewable Energy Projects in the State.-(1) In respect of agricultural land situated within the state, no prior permission from the Deputy Commissioner shall be required under section 95 for,-
(a) establishing a new industry on agricultural land up to 2 acres; or
(b) setting up renewable energy projects as prescribed in Karnataka Renewable Energy Policy 2022-2027 (i.e. All Solar, Wind, Solar-Wind Hybrid, Energy Storage, Mini and Small-Hydro, Biomass, Co-generation, Waste to Energy projects and new initiatives/pilot projects established in the State of Karnataka) up to the extent as specified by the approval of the Energy Department in accordance with the said policy.
(2) The applicant shall submit an online application enclosing all documents
as specified under rule 106B alongwith a copy of the approval by the Energy Department.
(3) Upon receipt of full payment, a digitally signed conversion order shall be issued through a government-notified online system.
(4) If the applicant fails to make the prescribed payment within the stipulated time, a final opportunity of thirty days shall be granted. Failure to comply within this period shall result in rejection of the application, with reasons to be recorded in writing.
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