Chapter XI MISCELLANEOUS

For the removal of doubts it is hereby declared that the provisions of this Act in so far as they confer any rights and impose obligations on tenants and landlords shall be applicable to tenants holding lands in inam and other alienated villages or lands (including tenants referred to in section 8 of the Village Offices' Abolition Act, 1961 but subject to the provisions of the said Act) and to landlords and inamdars holding lands in such villages or lands.

Subject to such rules as may be made by the State Government, legal assistance may be provided by the State Government in proceedings under this Act to tenants whose pecuniary circumstances are such that legal assistance is in the opinion of the State Government required by such tenants.

Where a person is entitled to the payment of an amount under section 47 and also under section 72 other than under sub-section (6) thereof, then notwithstanding anything contained in the said sections the amount payable to such person shall not in the aggregate exceed rupees two lakhs.

If as a result of vesting of any land in the Government or the grant of any land by the Deputy Commissioner or otherwise under the provisions of this Act, any area in excess of the maximum extent of land which a person is entitled to hold under this Act remains as a fragment, the Deputy Commissioner may, having regard to the efficient use thereof for agricultural purposes, and notwithstanding the provisions of section 63 or 64, permit such fragment to be held by the owner of such fragment.

(1) No landlord, tenant or other person lawfully in possession of land shall, save in accordance with any law for the time being in force, be dispossessed of such land by any person. (2) If any person is dispossessed of any land in contravention of sub-section (1), such person may within two years from the date of such dispossession apply in writing to the Tahsildar complaining of such contravention. (3) On receipt of an application under sub-section (2), the Tahsildar shall after holding an enquiry, and without prejudice to any action under section 125, pass such order on the application as he deems fit including a direction to the person contravening sub-section (1) for the payment of such compensation to the person dispossessed as the Tahsildar may determine.

Any person unauthorisedly occupying or wrongfully in possession of any land,— (a) the transfer or acquisition of which either by the act of parties or by the operation of law, is invalid under the provisions of this Act; or (b) to the use and occupation of which he is not entitled under the provisions of this Act and the said provisions do not provide for the manner of eviction of such person, may be summarily evicted from such land by the Tahsildar, after such inquiry as he deems fit and the Tahsildar may make such orders as regards the disposal of such land as he deems fit.

(1) No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Deputy Commissioner, an officer authorised under sub-section (1) of section 77, the Assistant Commissioner, the prescribed authority under section 83, the Tribunal, the Tahsildar, the Karnataka Appellate Tribunal or the State Government in exercise of their powers of control. (2) No order of the Deputy Commissioner, an officer authorised under sub-section (1) of section 77, the Assistant Commissioner, the prescribed authority under section 83, the Tribunal, the Tahsildar, the Karnataka Appellate Tribunal, or the State Government made under this Act shall be questioned in any civil or criminal court.

(1) Notwithstanding anything in any law for the time being in force,— (i) no Civil or Criminal court or officer or Authority shall, in any suit, case or proceedings concerning a land, decide the question whether such land is or is not agricultural land and whether the person claiming to be in possession is or is not a tenant of the said land from prior to 1st March 1974; (ii) such Court or officer or Authority shall stay such suit or proceedings in so far as such question is concerned and refer the same to the Tribunal for decision; (iii) all interim orders issued or made by such Court, officer or Authority, whether in the nature of temporary injunction or appointment of a Receiver or otherwise, concerning the land shall stand dissolved or vacated, as the case may be; (iv) the Tribunal shall decide the question referred to it under clause (i) and communicate its decision to such Court, officer or Authority. The decision of the Tribunal shall be final. (2) Nothing in sub-section (1) shall preclude the Civil or Criminal Court or the officer or authority from proceeding with the suit, case or proceedings in respect of any matter other than that referred to in that sub-section.

In all matters connected with the administration of this Act, the State Government shall have the same authority and control over x x x the Deputy Commissioner and other officers acting under this Act as it has and exercise over revenue officers in the general and revenue administration.

(1) Where an offence under this Act is committed by a company, the company, as well as every person in charge of, and responsible to the company for the conduct of its business at the time of the commission of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purpose of this section,— (a) "company" means a body corporate, and includes a firm or other association of individuals; and (b) "director" in relation to a firm, means a partner in the firm.

No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.

(1) The State Government may, after previous publication, by notification, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for the following matters:— (i) x x x (ii), (iii), (iv) x x x (v) the manner of registering surrenders of tenancies in the office of the Tahsildar under sub-section (1) of section 25 (vi) the manner and the form in which a receipt is to be given by the landlord under sub-section (3) of section 33; (vii) x x x (viii) the period within which the price shall be deposited with the Tahsildar under sub-section (3) and the form of certificate to be issued under sub-section (4) of section 39; (ix) the form of application to the Tahsildar under sub-section (1) of section 40; (x) the form of application to the Tahsildar under section 41; (xi) the form of application to the Tahsildar under section 42; (xii) the form of public notice under sub-section (2) of section 48A; (xiii) the number of instalments in which the amount payable under the bonds may be paid under section 51; (xiv) x x x (xv) the period within which and the form in which declaration under section 66 is to be filed; (xvi) the enquiry to be made by the Tribunal and the period within which the statement is to be filed under sub-section (3) of section 67; (xvii) the inquiry to be made under section 85; (xviii) the form of application to the Registrar under section 89; (xix) the other particulars to be prescribed under section 90; (xx) the enquiry to be made under section 91; (xxi) the conditions to be satisfied for withdrawal from membership under sub-section (3), and the restrictions and conditions to be prescribed under sub-section (4) of section 92; (xxii) the manner of giving notice to a Co-operative Farm under section 95; (xxiii) the rights and privileges to which a member of a Co-operative Farm is entitled, the obligations and liabilities to which he is subject and the duties he is bound to discharge under section 97; (xxiv) the extent and manner of contributions by a member to a Co-operative Farm under section 98; (xxv) the terms and conditions for admission of members to a Co-operative Farm under section 100; (xxvi) the concessions and facilities to be given to a Co-operative Farm to be prescribed under section 102; (xxvii) the court-fees to be prescribed under section 123; (xxviii) the nature and extent of legal assistance to be given to tenants under section 127 and the conditions subject to which such assistance may be given; (xxix) the returns to be furnished by the Deputy Commissioner and other officers entrusted with powers or functions under this Act, the forms in which books, entries and accounts shall be kept by the Deputy Commissioner and such other officers; (xxx) the correction of errors and omissions in orders or decisions under this Act; (xxxi) the fees payable for the grant of certificate, the inspection of records, the grant of copies or in respect of any function performed by any authority under this Act; (xxxii) the method of serving notices and orders under this Act; (xxxiii) any other matter expressly required or allowed by this Act to be prescribed; (xxxiv) generally regulating the procedure to be followed and the forms to be adopted in proceedings under this Act; (xxxv) the fines which may extend to fifty rupees to be incurred for contravention of any rule made under this Act; (xxxvi) any other matter for which there is no provision or no sufficient provision in this Act and for which provision is, in the opinion of the State Government, necessary for giving effect to the purposes of this Act. (3) In making rules under this section, the State Government may provide that a contravention of any rule shall be punishable with fine which may extend to one hundred rupees. (4) A rule under this Act may be made with retrospective effect and when such rule is made the reasons for making the rule shall be specified in a statement laid before both Houses of the Legislature. Subject to any modification made under section 140, every rule made under this Act shall have effect as if enacted in this Act.

This Act and any rule, order or notification made or issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other enactment with respect to matters enumerated in List II and List III of the Seventh Schedule to the Constitution of India or in any instrument having effect by virtue of any such other enactment.

(1) If any doubt or difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification, make such provisions as appear to it to be necessary or expedient for removing the doubt or difficulty. (2) The provisions made by any notification under sub-section (1) shall, subject to the provisions of section 140, have effect as if enacted in this Act, and any such notification may be made so as to be retrospective to any date not earlier than the appointed day.

Every rule made under this Act and every notification issued under sections 109, 110 and 139 shall be laid as soon as may be after it is made or issued before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and, if, before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

Nothing in this Act shall affect the provisions of any of the Land Tenures Abolition Acts, specified in Schedule II to this Act, in so far as such provisions relate to the conferment of the right of an occupant or grant of a ryotwari patta in favour of any inferior holder or tenant in respect of any land held by him.

(1) The enactments specified in Schedule III to this Act, and any other provision of law corresponding to the provisions of this Act, are hereby repealed: Provided that save as otherwise provided in this Act such repeal shall not affect,— (a) the previous operation of the said enactments or provisions of law or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments or provisions of law; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments or provisions of law; (d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed: Provided further that any reference in any enactment or other law or in any instrument to any provision of any of the repealed enactments or provisions of law shall, unless a different intention appears, be construed as a reference to the corresponding provision of this Act. (1A) Notwithstanding anything contained in sub-section (1) or in any law in force in any area of the State of Karnataka at any time before the commencement of this Act, the first proviso to the said sub-section or any other provision of law shall not be applicable in so far as the said proviso or provision of law will enable any person to evict from any agricultural land any agriculturist protected from eviction from any land in his possession by the Karnataka Tenants (Temporary Protection from Eviction) Act, 1961, and no such agriculturist shall be liable to be evicted from such land except in accordance with the provisions of this Act. (2) Notwithstanding anything contained in sub-section (1), for the purpose of giving effect to the first proviso to the said sub-section, the State Government may, by notification, make such provision as appears to it to be necessary or expedient for making omissions from, additions to and adaptations and modifications to the rules, notifications and orders made or issued under the said repealed enactments or provisions of law.