Chapter IV PROVISIONS APPLICABLE TO TENANTS UNDER GOVERNMENT

The provisions of this Chapter shall apply to the tenants continued under section 6.

Every tenant shall pay annually to the State Government rent which was being paid by him to the inamdar immediately before the appointed date: Provided that such rent shall in no case exceed ten times the land revenue payable in respect of such land plus in the case of lands classified as dry but possessing facilities for irrigation from any source of water which is the property of the State Government,- (i) where two crops of paddy can be raised in a year or where sugarcane can be raised. Rupees sixty six per acre. (ii) where one crop of paddy can be raised in a year. Rupees forty four per acre. (iii) where semi-dry, crops can be grown. Rupees twenty two per acre: Provided further that in the area notified by the State Government as malnad area, the rent in respect of the lands specified as dry land but exclusively used only for grazing or removing leaves shall be equal to the land revenue payable for such lands.

Subject to the provisions of this Act a tenant shall not be entitled to alienate the land in respect of which he continues as a tenant under section 6 except by way of a simple mortgage to a co-operative society or a bank registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959), or the State Bank of India and its subsidiaries or a bank specified in column (2) of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 (Central Act 5 of 1970) or to a company or a corporation, owned or in which not less than fifty per cent of the share capital is held by the State Government or the Central Government or partly by the State Government and partly by the Central Government and which has been set up to provide agricultural credit to cultivators.

When a tenant dies the State Government shall be deemed to have continued the tenancy to the heirs of such tenant on the same terms and conditions on which such tenant was holding the land at the time of his death.

The tenancy of any land held by a tenant shall not be terminated unless such tenant,- (a) has done any act which is destructive or permanently injurious to the land; or (b) has used such land for a purposes other than agriculture; or (c) has sub-let the land or assigned any interest therein except to the extent provided in section 20: Provided that nothing in clause (c) shall apply to sub-letting of any land held by a tenant who is a widow or a minor or who is subject to physical or mental disability.

(1) Where a tenancy is liable to be terminated under the provision of section 22, the Assistant Commissioner shall after giving an opportunity to the tenant to show cause why his tenancy should not be terminated, by an order in writing served on the tenant, terminate the tenancy and direct the tenant to quit the land within sixty days from the date of service of the order. (2) If any person refuses or fails to comply with an order under sub-section (1), the Tahsildar may evict that person from and take possession of the land and may for that purpose use such force as may be necessary. (3) Any person aggrieved by an order under sub-section (1), may within sixty days from the date of service of the order, prefer an appeal in writing to the Deputy Commissioner who may, after calling for a report from the Assistant Commissioner and after affording a reasonable opportunity to the appellant to be heard, pass such orders thereon as he thinks fit. (4) Any arrears of rent due from a tenant shall be recoverable as an arrear of land revenue.

(1) A tenant may, at any time after the commencement of this Act apply to the Deputy Commissioner in the prescribed manner for being registered as an occupant in respect of the land of which he is a tenant. (2) The tenant shall be liable to pay to the State Government as premium for being registered as an occupant an amount equal to one hundred times the land revenue payable on that land. Such amount shall be payable in such number of annual instalments not exceeding ten and on or before such date as may be fixed by the prescribed authority. (3) On payment to the State Government of such amount the tenant shall, subject to the provisions of section 25, be registered as an occupant of such land. (4) Notwithstanding anything contained in the preceding sub-sections, where the tenant is in possession of land in excess of the extent specified in section 25, he shall not be registered as an occupant unless he surrenders to the prescribed authority such excess extent. (5) In respect of the land of which the tenant is registered as an occupant under this section he shall be liable to pay the land revenue and the provision of section 12 shall mutatis mutandis apply in this behalf.

The extent of land in respect of which is a person referred to in section 7, 8, 9 or 24 shall be entitled to be registered as occupant shall not together with any land held by him exceed such extent as may be prescribed.