Chapter VIII EXEMPTIONS

The provisions of section 38 section 63 other than sub-section (9) thereof, sections 64, and 80, shall not apply to plantations. Explanation.—In this section "Plantation" means land used by a person principally for the cultivation of plantation crop and includes,— (i) any land used by such person for any purpose ancillary to the cultivation of such crop or for preparation of the same for the market; and (ii) agricultural land interspersed within the boundaries of the area cultivated with such crop by such person. not exceeding such extent as may be determined by the prescribed authority as necessary for the protection and efficient management of such cultivation.

(1) In respect of the amount payable to a religious, charitable or other institution capable of holding property the provisions of sections 47, 50 and 51 shall have effect subject to the modifications specified in sub section (2). (2) In respect of lands held by such institution and vesting in the State Government under the provisions of this Act the amount payable shall be an annuity to be paid so long as the institution exists, of a sum equal to the net annual income referred to in sub-section (2) of section 72. Towards the annuity so payable, the State Government shall issue a non-transferable and non-negotiable annuity bond. (3) Where the land in respect of which the annuity payable under sub-section (2) is subject to encumbrances,- (a) if the value of the encumbrance is less than the amount of the annuity the holder of the encumbrance shall be paid in full from out of the amount of annuity and the balance shall be paid to the institution; (b) if the value of the encumbrance is more than the amount of the annuity, five per cent of such value shall be paid from out of such amount till the value of the encumbrance is fully paid and the balance shall be paid to the institution; (c) if there are more encumbrances than one, the amount under clauses (a) and (b) shall be distributed according to priority.

(1) Subject to the provisions of section 110, nothing in this Act, except section 8, shall apply to lands,— (i) belonging to Government; (ii) [Omitted] (iii) belonging to or held on lease or from a local authority, an Agricultural Produce Marketing Committee constituted under the Karnataka Agricultural Produce Marketing Regulation Act, 1966 (Karnataka Act 27 of 1966), a University established by law in India, a research institution owned or controlled by the State Government or the Central Government or both an Agricultural Research Institution recognised by the State Government or the Central Government the Karnataka Bhoodhan Yagna Board established under the Karnataka Bhoodhan Yagna Act, 1963 (Karnataka Act 34 of 1963); (iv) given as a gallantry award; (iva) granted by the State Government to a Research Institution affiliated to a university established by law in India. (v) used for such stud farms as are in existence on the 24th day of January 1971 and approved by the State Government ,subject to such rules as may be prescribed; (vi) used for the cultivation of linaloe; (vii) held by the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942) for purposes of research, development or propoganda: (viii) held by any corporation owned or controlled by the State Government or the Central Government or both; Provided that in the case of lands belonging to or held on lease from the Karnataka Bhoodhan Yagna Board, the exemption under this section shall not be applicable if such lands were in the possession of tenants on the date of donation to the said Board. Provided further that, notwithstanding anything contained in this sub-section, the extent of land leased to a local authority, a committee, a University, an institution, or a Board, referred to in clause (iii) shall count for the purpose of determining the surplus land to be surrendered by the owner thereof. (2) Notwithstanding anything in sub-section (1), no person shall, after the date of commencement of the Amendment Act acquire in any manner for the cultivation of linaloe, land of an extent which together with the land cultivated by linaloe, if any, already held by him exceeds ten units. (3) In respect of every acquisition contrary, to sub-section (2), the provisions of sections 66 to 76 shall mutatis mutandis apply.

Subject to the provisions of section 110, nothing in the provisions of this Act except section 8 shall apply to lands taken under the management of the Court of Wards or of a Government officer appointed in his official capacity as a guardian under the Guardians and Wards Act, 1890, or to the lands taken under management temporarily by the civil, revenue or criminal courts by themselves or through the receivers appointed by them during the period of such management: Provided that,— (a) in the case of a tenancy subsisting on the date of taking over the management, the provisions of section 44 shall apply and the land shall vest in the Government; (b) in the case of a tenancy created during the period of management, when the land is released from such management, the tenant shall be dispossessed and the possession of the land shall be delivered to the person lawfully entitled to such possession; (c) with effect from the date on which such land is released from such management, all the provisions of this Act shall apply to such land.

(1) Subject to such rules as may be prescribed and the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the State Government may, by notification, exempt, any land in any area from the provisions of sections 63, xxx or 80 to be used for,— (i) industrial development, the extent of which shall not exceed forty units; Explanation.- Industrial development‖ includes mining of minor minerals, whether specified or non-specified and stone crushing activity under the Karnataka Regulation of Stone Crushers Act, 2011 (Karnataka Act 8 of 2012) Provided that in respect of Industrial development,such Land to such extent approved by the Government with approval of the State High level clearance committee or the State level single window clearance committee constituted under the Karnataka Industries (facilitation) Act, 2002 (Karnataka Act 45 of 2003) shall be deemed to haveexempted by the Government from the provisions of section 63, xxx or 80. (ii) educational institutions recognised by the State or Central Government to be used for non-agricultural purpose the extent of which shall not exceed eight units; (iii) places of worship to be specified by Government by notification which are established or constructed by a recognised or registered body for non-agricultural purpose, the extent of which shall not exceed two units; (iv) a housing project, approved by the State Government the extent of which shall not exceed twenty units; (v) the purpose of horticulture including floriculture and agro based industries the extent of which shall not exceed forty units: Provided that the Deputy Commissioner may also exercise the powers of the State Government under this sub-section, subject to the restrictions and in the manner specified therein, in respect of the land to be used for,- (i) industrial development, the extent of which shall not exceed twenty units; (ii) educational institutions recognised by the State or Central Government to be used for non-agricultural purpose the extent of which shall not exceed four units; (iii) places of worship to be specified by Government by notification which are established or constructed by a recognised or a registered body for non-agricultural purpose, the extent of which shall not exceed half of a unit (2.22 acre); (iv) a housing project, approved by the State Government the extent of which shall not exceed twenty units; (v) the purpose of horticulture including floriculture and agro based industries the extent of which shall not exceed twenty units; (1A) Notwithstanding anything contained in sub-section (1), the State Government may in public interest and for reasons to be recorded in writing, by notification and subject to the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and such restrictions and conditions as may be specified by it, exempt any extent of land from the provisions of sections 63, XXX or 80 for any specific purpose. Provided that the Deputy Commissioner other than the Deputy Commissioner of Bangalore Rural District and the Deputy Commissioner of Bangalore District, may subject to the restrictions and the manner specified in this sub-section exercise the power of the State Government to grant exemptions to an extent not exceeding four hectare of land. (IB) in cases where the land in any area, cannot be utilized for the purpose of industrial development, educational institutions, Places of worship, a Housing Project approved by the State Government or Horticulture purpose under sub-section (1) within the prescribed time, such land shall be surrendered to the land bank of the Government, failing which the exemption shall be cancelled and same be forfeited to the Government without paying compensation. (2) Where any condition or restriction specified in the notification under sub-section (1), has been contravened, the State Government or as the case may be, the Deputy Commissioner may after holding an enquiry as it or he deems fit, cancel the exemption granted under that sub-section and the land in respect of which such cancellation has been made, shall, as penalty be forfeited to and vest in the State Government free from all encumbrances. No amount is payable therefor. Provided that, any company or organization after obtaining permission under sub-section (1), purchases the land and if such company or organization after utilizing the land for not less than seven years for the purpose of purchase, does not continue to use the land due to various reasons which are beyond its control, after seven years so permitted under rules from the date of such purchase, may on an application be permitted, by the High Power Committee headed by the Chief Secretary for use or sale of the land for any purpose.

The State Government may, by notification, direct that any land referred to in sections 107 and 108, shall not be exempt from such of the provisions of this Act from which they have been exempted under the said sections.