The Karnataka Land Revenue Act, 1964

Short Title, Extent and Commencement.—

1. (1) This Act may be called the Karnataka Land Revenue Act, 1964.
2. (2) It shall extend to the whole of the State of Karnataka.
3. (3) It shall come into force on such date as the State Government may, by notification, appoint.

Definitions.—In this Act, unless the context otherwise requires,—

1. (1) “alienated” means transferred in so far as rights of the State Government to payment of the rent or revenue are concerned, wholly or partially, to the ownership of any person;
2. (2) “building site” means a plot of land held for building purposes, whether any building is actually erected thereupon or not, and includes the open ground or courtyard enclosed by, or adjacent to, any building erected thereupon;
3. (3) “boundary mark” means any erection, whether of earth, stone or other material and also any hedge, unploughed ridge, or strip of ground or other object, whether natural or artificial, set-up, employed or specified by a Survey Officer, or other Revenue Officer, having the authority in that behalf, in order to determine the boundary of any division of land;
4. (4) “certified copy” or “certified extract” means copy or extract, as the case may be, certified in the manner prescribed by section 76 of the Indian Evidence Act, 1872 (Central Act 1 of 1872);
5. (5) “chavadi” includes, in any village in which there is no chavadi, such place as the Deputy Commissioner may by notification direct to be the chavadi for the purpose of this Act;
6. (6) “city” includes any local area declared as a Municipal Corporation, a City Municipality or a Borough Municipality under any law for the time being in force;
7. (7) “classification value” means the relative valuation of any class of land as recorded in the survey records having regard to its soil, water and other advantages;
8. (8) ‘class of land’ means any of the following classes of land, namely, dry land, wet land, garden land or plantation land; Explanations.—For purposes of this Act,—
   • (a) ‘dry land’ means,—
     • (i) land classified as dry land under any law repealed by section 202, or any law in force at any time before the commencement of this Act;
     • (ii) land in which wet crops cannot be grown except when irrigated by water obtained from any source of water which is the property of the State Government;
   • (b) “wet land” means land in which wet crops can be grown by use of rain water or water obtained from any source of water which is not the property of the State Government;
   • (c) ‘garden land’ means land in which garden crops other than plantation crops can be grown, and shall consist of dry garden land and wet garden land; and
     • (i) ‘dry garden land’ means land classified as such under any law repealed by section 202 or any law in force at any time before the commencement of this Act, or garden land in which wet garden crops cannot be grown except when irrigated by water obtained from any source of water which is the property of the State Government;
     • (ii) ‘wet garden land’ means land in which wet garden crops can be grown by use of rain water or water obtained from any source of water which is not the property of the State Government;
   • (d) ‘plantation land’ means land in which a plantation crop, that is, cardamom, coffee, pepper, rubber or tea, can be grown.
9. (9) “estate” means any interest in land and the aggregate of such interests vested in a person or body of persons capable of holding the same;
10. (10) “group” means all lands in a zone which, in the opinion of the State Government or an officer authorised by it in this behalf, are sufficiently homogeneous in respect of the factors enumerated in section 116 to admit of the application to them of the same standard rates for the purpose of the assessment of land revenue;
11. (11) “to hold land” or to be a “land-holder” or “holder of land" means to be lawfully in possession of land, whether such possession is actual or not;
12. (12) “holding” means a portion of land held by a holder;
13. (13) “joint holders” or “joint occupants” mean holders or occupants who hold land as co-sharers, whether as co-sharers in a family undivided according to Hindu law, or otherwise, and whose shares are not divided by metes and bounds; and where land is held by joint holders or joint occupants, “holder” or “occupant”, as the case may be, means all of the joint holders or joint occupants;
14. (14) “land” includes benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth, and also shares in, or charges on, the revenue or rent of villages or other defined areas;
15. (15) “landlord” means a person who has leased land to a tenant and includes a person entitled to receive rent from a tenant;
16. (16) “land records” means records maintained under the provisions of or for the purposes of this Act;
17. (17) “local authority” means,-
    • (i) in any municipal area, the Corporation, the Municipal Council, the Cantonment Board, the Sanitary Board or Notified Area Committee, as the case may be;
    • (ii) in any village, the Village Panchayat or the Town Panchayat constituted under the Karnataka Village Panchayats and Local Boards Act, 1959;
18. (18) “notification” means a notification published in the official Gazette;
19. (19) “occupation” means possession, and “to occupy land” means to possess or take possession of land;
20. (20) “occupant” means a holder in actual possession of unalienated land other than the tenant: Provided that where the holder in actual possession is a tenant, the landlord or superior landlord, as the case may be, shall be deemed to be the occupant; Explanation.—A ryotwari pattadar in the Mangalore and Kollegal Area and Bellary District, a pattadar or shikmidar in the Gulbarga Area and a holder or land-holder in the Coorg District shall be deemed to be an occupant of such land for purposes of this Act.
21. (21) “occupancy” means the portion of land held by an occupant;
22. (22) “prescribed” means prescribed by rules made under this Act;
23. (23) “rental value” means the consideration (including premia, if any, or any sum of money paid or promised, or a share of crops or any other thing of value rendered periodically or on specified occasions) for which land is or could be leased for a period of one year for its most advantageous use:
24. (24) “Revenue Officer” means every officer of any rank whatsoever appointed under or employed for the purposes of this Act;
25. (25) “revenue year” means the year commencing on the first day of July;
26. (26) “settlement” means the result of the operations conducted in a zone in order to determine the land revenue assessment;
27. (27) “standard rate” means with reference to any particular class of land in a group, the value of four per cent of the average yield of crops per acre on land in that class of one hundred per cent classification value; Provided that with reference to any plantation land, the standard rate shall be the value of one per cent of the average yield of crops per acre on the land in that class of one hundred per cent classification value;
28. (28) “superior holder” means a land holder entitled to receive rent or land revenue from other land holders (hereinafter called ‘inferior holders’), whether he is accountable or not for such land or land revenue or any part thereof, to the State Government: Provided that where land has been granted free of rent or land revenue, subject to the right of resumption in certain specified contingencies by a Jahgirdar, Inamdar, or other such holder of an alienated land, whose name is authorisedly entered as such in the land records, such Jahgirdar, Inamdar or holder, shall, with reference to the grantee, be deemed to be the superior holder of the land so granted by him and the grantee, with reference to the grantor be deemed to be the inferior holder of such land;
29. (29) “survey” includes all operations incidental to the determination, measurement and record of a boundary or boundaries or any part of a boundary and includes a re-survey;
30. (30) “survey mark” means any mark or object, erected, made, employed or specified by a Survey Officer to indicate or determine or assist in determining the position or level of any point or points;
31. (31) “Survey Officer” means an officer appointed under or in the manner provided by section 18;
32. (32) “survey number” means a portion of land of which the area and assessment are separately entered under an indicative number in the land records; and “sub-division of a survey number” means a portion of a survey number of which the area and assessment are separately entered in the land records under an indicative number subordinate to that of the survey number of which it is a portion;
33. (33) “survey settlement” includes a settlement made under the provisions of Chapter X;
34. (34) “tenant” means a lessee, whether holding under an instrument or an oral agreement and includes,—
    • (i) a person who is or is deemed to be a tenant under any law for the time being in force;
    • (ii) a mortgagee of a tenant’s rights with possession; or
    • (iii) a lessee holding directly under the State Government or a local authority or body corporate;
35. (35) “terms of settlement” means the period for which the State Government has declared that a settlement shall remain in force;
36. (36) “town” includes a Panchayat town or a town area under the Karnataka Village Panchayats and Local Boards Act, 1959;
37. (37) “Tribunal” means the Karnataka Revenue Appellate Tribunal constituted under section 40;
38. (38) “village” means a local area which is recognised in the land records as a village for purposes of revenue administration and includes a town or city and all the land comprised within the limits of a village, town or city;
39. (39) “Village Accountant” means a Village Accountant appointed, or deemed to be appointed, under section 16;
40. (40) “zone” means a local area comprising a taluk or group of taluks or portions thereof of one or more district, which, in the opinion of the State Government, or an officer authorised by it in this behalf is contiguous and homogeneous in respect of,—
    • (i) physical configuration,
    • (ii) climate and rainfall.
    • (iii) principal crops grown in the area, and
    • (iv) soil characteristics.

Chief controlling authority in revenue matters.—The State Government shall be the chief controlling authority in all matters connected with land and land revenue administration under this Act.

State to be divided into Districts and Districts to consist of Taluks comprising Circles and Villages.—

1. (1) xxx
2. (2) The State shall be divided into such districts with such limits, as may, by notification, be determined by the State Government.
3. (3) Each district determined under sub-section (2) shall consist of such taluks and each taluk shall consist of such circles and each circle shall consist of such villages as may, by notification, be determined by the State Government.
4. (4) The State Government may, by notification, alter the limits of any district, taluk or circle and may create new, or abolish existing districts, taluks or circles.
5. (5) The divisions, districts, taluks, circles (by whatever name called) and villages as they exist immediately before the commencement of this Act, shall remain as they are for the purposes of this Act until altered by the State Government by notifications under sub-sections (1), (2),
6. (3) and (4).

Power of State Government to alter limits of or to amalgamate or constitute villages.—The State Government may, subject to such conditions and in such manner as may be prescribed, alter or add to the limits of any village or amalgamate two or more villages or constitute a new village for the purpose of this Act.

Procedure for constitution, abolition, etc., of [xxx], districts, taluks, circles or villages.—Before the publication of any notification under section 4 or 5 declaring any area to be a [xxx], district, taluk, circle or village or altering the limits of any [xxx], district, taluk, circle or village, or abolishing any [xxx], district, taluk, circle or village, the State Government shall [except in cases where it considers not necessary so to do] publish in the official Gazette and in such other manner as may be prescribed, a notice of the proposal

Power of State Government to alter limits of or to amalgamate or constitute villages.—The State Government may, subject to such conditions and in such manner as may be prescribed, alter or add to the limits of any village or amalgamate two or more villages or constitute a new village for the purpose of this Act.

Procedure for constitution, abolition, etc., of [xxx], districts, taluks, circles or villages.—Before the publication of any notification under section 4 or 5 declaring any area to be a [xxx], district, taluk, circle or village or altering the limits of any [xxx], district, taluk, circle or village, or abolishing any [xxx], district, taluk, circle or village, the State Government shall [except in cases where it considers not necessary so to do] publish in the official Gazette and in such other manner as may be prescribed, a notice of the proposal

22. Demands for money, papers, etc., in the hands of a Revenue Officer or other person.

Recovery of public money or property from revenue officers or other persons.—(1) If a Revenue Officer or any other person holding any office under the State Government, or any person who has held such office is, or has been, in possession of any public money or property, or if any such person fails to pay or deliver the same to the Government or to an officer authorised to receive the same, on demand made in writing by the Deputy Commissioner, then such money or property shall be deemed to be an arrear of land revenue and shall be recoverable as such or as a public demand under any law for the time being in force or in any other manner as may be prescribed:

Provided that nothing in this section shall apply to any money or property which is the subject matter of a dispute in a civil court.

1. (2) The Deputy Commissioner may, for the purpose of recovering any such money or property, exercise all or any of the powers for the recovery of arrears of land revenue or public demands under the provisions of this Act or any other law for the time being in force.

PROCEDURE OF REVENUE OFFICERS

Revenue Officers to be Revenue Courts.

Place for holding enquiries or hearing cases. — All enquiries and hearings shall be held at the headquarters of the Revenue Officer or at any other place within his jurisdiction, which he considers convenient for the parties to the case: Provided that, no enquiry or hearing shall be held at any place outside the jurisdiction of such Revenue Officer.

Power to transfer cases.

Procedure for procuring attendance of witnesses [Section text not available in the official gazette publication.]

Compelling attendance of witnesses and examination of witnesses on commission.—(1) Any Revenue Officer holding an inquiry under this Act may, subject to such rules as may be made by the State Government, and notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act 5 of 1908),—

1. (a) exercise all the powers of a Civil Court under the said Code for the purpose of compelling the attendance of witnesses and the production of evidence;
2. (b) refer the matter for the examination of witnesses on commission to a Civil Court or to any Revenue Officer not below the rank of a Tahsildar subordinate to him, who shall thereupon exercise the powers of a Civil Court under the said Code for such examination and return the evidence to the Revenue Officer.

Formal inquiry.—(1) An inquiry which this Act or any rule made thereunder requires to be "formal" shall be conducted as follows:—

1. (a) the evidence shall be taken down in full, in writing, in the language in ordinary use in the district;
2. (b) such evidence shall be taken down either by the Revenue Officer with his own hand or in his presence and hearing and under his personal superintendence and direction;
3. (c) the Revenue Officer shall make a memorandum of the substance of the statement of each witness as the examination of the witness proceeds;
4. (d) the memorandum shall be written and signed by the Revenue Officer with his own hand and shall form part of the record: Provided that if the Revenue Officer is prevented from making a memorandum as required by this section, he shall record the reason of his inability to do so;
5. (e) the evidence so taken down shall be read over to the witness, and if he denies the correctness of any part of it, the Revenue Officer may record a memorandum of the objection made to it by the witness and shall add such remarks as he thinks necessary;

1. (2) The Revenue Officer may, at the discretion of the inquiry, make a memorandum of the substance of the proceedings for his own guidance.

Summary inquiry.

The only entry present in the document is: "35. Formal and summary inquiry to be deemed judicial proceedings."

Inquiries other than formal or summary.

Power to enter upon any lands or premises for the purposes of measurements, etc.—

Any Revenue Officer or any Survey Officer or any person acting under the express authority of any such officer, is hereby authorized to enter at any time upon any lands or premises whether belonging to Government or to private persons for the purpose of making a survey, measurement or any other inquiry which he is required to make or execute under the provisions of this Act or any other law for the time being in force:

Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without previously giving such occupier at least twenty-four hours notice in writing of his intention to do so.

Manner of evicting any person wrongfully in possession of land.

CONSTITUTION AND POWERS OF THE KARNATAKA REVENUE APPELLATE TRIBUNAL

Constitution of the Revenue Appellate Tribunal [Section text not available in the official gazette publication.]

Sittings of the Tribunal.—(1) The Tribunal shall sit at Bangalore or at such other place or places as the State Government may notify from time to time.

1. (2) The sittings of the Tribunal shall be held at such times as may be determined by the Tribunal.

Powers of the Tribunal.—The Tribunal shall exercise such powers and perform such functions as may be prescribed.

Powers of review" on page 435) and the "Statements of Objects and Reasons" for various amendments.

Finality of the orders of the Tribunal.—Any order passed by the Tribunal shall, subject to the provisions of section 44, be final and shall not be questioned in any suit or other legal proceeding.

Proceedings of Tribunal to be judicial proceedings.

APPEAL AND REVISION

Appeals from original orders.

Second Appeal.

Limitation of Appeals.

Application of the Limitation Act.

Copy of the order to accompany petition of appeal.

Powers of appellate authority.

Stay of execution of orders.

Power of Revision.

Orders expressly made final under the act.

Amendment of orders.

Orders not reversible by reason of error or irregularity not occasioning failure of justice

REVENUE JURISDICTION

Definitions.

Exclusive Jurisdiction of Revenue Courts and bar of Jurisdiction of Civil Courts.

Savings of certain suits.

Plaintiff to exhaust his right of appeal before instituting a suit or other proceeding against Government.

Power of Tribunal to refer questions for decision of High Court.

Power of Civil Court to refer questions of jurisdiction to High Court.

Composition of Bench.

LAND AND LAND REVENUE

Public roads, etc., and all lands which are not the property of others belong to the Government.

Extinction of rights of public and individuals in or over any public road, street, lane or path not required for use of public.

Disposal of lands or other property belonging to State Government under section 67.

Right to mines and mineral products to vest in Government.

Lands may be assigned for special purposes and when assigned, shall not be otherwise used without sanction of the Deputy Commissioner.

Regulation of use of pasturage.

Recovery of value of natural product unauthorisedly removed from certain lands.

Right to trees in villages to which survey settlement has not been introduced.

Right to trees in villages, to which survey settlement has been introduced.

Trees and forests vesting in the Government.—The right to all trees, brushwood, jungle or other natural product growing on land allotted for use as common pasture grounds, in unalienated land, or on any other land which is the property of the State Government, and which is not occupied by any person, vests in the State Government.

Road-side trees.—The right to all trees planted on the side of a road or path belonging to the State Government vests in the State Government.

Recovery of value of trees, etc., unauthorisedly appropriated.—Any person who shall unauthorisedly fell, remove or appropriate any tree or other natural product vesting in the State Government, shall be liable to the State Government for the value thereof, which shall be recoverable from him as an arrear of land revenue, in addition to any penalty to which he may be liable under the provisions of this Act for such act of encroachment.

Regulation of supply of firewood and timber for domestic or other purposes.—

1. (1) The State Government may, from time to time, make rules as to the manner in which, and the conditions on which, any firewood or timber, or any other natural product of land, which is the property of the State Government, may be supplied for domestic or other purposes to the holders of land, or to the inhabitants of villages, or to any other class of persons.
2. (2) Nothing in this section shall be deemed to affect the operation of any law for the time being in force, relating to forests.

All land liable to pay land revenue, unless specially exempted.—All land, whether applied to agricultural or other purposes, and wherever situate, is liable to the payment of land revenue to the State Government, except such as may be wholly exempted under the provisions of any special contract with the State Government or any provision of this Act or any other law for the time being in force.

Alluvial land and its liability to land revenue.—

1. (1) Alluvial land formed by the accretion of land or alteration of the course of a river or stream, whether such land is occupied or not, shall be liable to assessment.
2. (2) Any such alluvial land, which is not an accretion to a holding, shall vest in the State Government, and may be disposed of by the Deputy Commissioner in accordance with the provisions of this Act.

Remission of assessment in cases of diluvion.—Every occupant of land from which land is lost by diluvion (that is to say, by the encroachment of the sea or a river or stream) shall be entitled to remission of the assessment in respect of the land so lost, to the extent and in the manner prescribed.

Manner of assessment, commutation of non-agricultural assessment and prohibition of use of land for certain purposes.—The State Government may, by notification, determine the manner of assessment of land revenue and may, by like notification, prohibit the use of land for certain purposes, or permit such use on such terms and conditions as may be prescribed.

Assessment by whom to be fixed.—

1. (1) The assessment of the amount to be paid as land revenue on all lands liable to the same shall be fixed by the Settlement Officer appointed under Chapter X or by the Deputy Commissioner, as the case may be, in accordance with the provisions of this Act and the rules made thereunder.
2. (2) The assessment so fixed shall be subject to the approval of the State Government.

Register of alienated lands.—A register of all alienated lands shall be maintained in such manner as may be prescribed.

Settlement of assessment with whom to be made.—

1. (1) The settlement of the assessment of each land shall be made with the person who holds the land as an occupant.
2. (2) Notwithstanding anything contained in sub-section (1), if any land is held by joint occupants, the settlement of assessment shall be made with one of them or with all of them, as may be determined by the Deputy Commissioner.

Land Revenue to be a paramount charge on the land.—The land revenue assessed on any land shall be a paramount charge on such land and on the crops, if any, grown thereon, and shall have precedence over any other claim.

Forfeited holdings may be taken possession of and otherwise disposed.—The Deputy Commissioner may take possession of any holding or other immovable property which has been forfeited to the State Government for non-payment of land revenue, or for any other cause, and may dispose of the same in such manner as may be directed by the State Government.

Receipts.—

1. (1) Every Revenue Officer or Village Accountant who receives any payment of land revenue or any other public demand shall grant a receipt therefor in the prescribed form.
2. (2) The receipt shall contain the prescribed particulars and shall be signed by the person granting it.

Penalty for failure to grant receipts.—Any Revenue Officer or Village Accountant who fails to grant a receipt as required by section 89, shall be liable to a penalty which may extend to twice the amount of the land revenue or other public demand so received.

CONSTRUCTION OF WATER THROUGH LAND OF ANOTHER

Construction of water course through land belonging to other persons.

Failure to pay rent and to keep water course in good repair.

Removal or discontinuance of water course.

GRANT, USE AND RELINQUISHMENT OF UNALIENATED LAND

Unoccupied land may be granted on conditions.

Grant of alluvial land vested in Government.

Permission for taking up unoccupied land.

Penalties for unauthorised occupation of land.

Regularisation of certain cases of unauthorised occupation by constituting committee, etc.

Grant of land in certain cases.

Grant of land in case of construction of dwelling house in occupied land.

Uses of agricultural land and the procedure for use of agricultural land for other purpose.

Penalty for using agricultural land for other purpose without permission.

Diversion of non-agricultural land held for a specific purpose.

Permission may be granted on terms.

Rights of occupants.

Occupancy not transferable without sanction of prescribed authority nor liable to process of a Civil Court.

Occupancy right transferable and heritable.

Relinquishment.

Right of way to relinquished or forfeited land or to land used for purpose of agriculture.

Summary eviction of person unauthorisedly occupying land.

To prevent forfeiture of occupancy certain persons other than occupant may pay land revenue.

REVENUE SURVEY, DIVISION OF SURVEY NUMBERS AND PARTITION OF ESTATES

Revenue Survey may be introduced by State Government into any part of the State.

Power of Survey Officer to require assistance from land holders.

Minimum extent of a survey number.

Division of Survey Numbers into Sub-divisions.

Recovery of expenses of partition.

The State Government may direct a fresh survey.

Preparation of statistical and fiscal records.

ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF AGRICULTURAL LAND

Government may direct an original or revision settlement of land revenue of any land.

Revision of settlement of land revenue in certain cases.

The term of settlement.

Assessment how determined.

Increase in average yield due to improvements by holders not to be taken into account.

Procedure to be followed by the Settlement Officer in making a settlement.

Publication of the Settlement Report.

Deputy Commissioner to submit to Government the Settlement Report with statement of objections, etc., and his opinion thereon.

Settlement Report to be approved by State Legislature.

Introduction of Settlement.

Notice of assessment to occupants.

Determination of assessment of lands.

Determination of assessment of lands wholly exempt from payment of land revenue.

The fixing of assessment under Act limited to ordinary land revenue.

Power of State Government to direct assessment for irrigation facilities.

Continuance of certain Survey and Settlement operations.

RECORDS OF RIGHTS

Record of Rights.

Acquisitions of rights to be reported.

Registration of mutations and register of disputed cases.

Patta book.

Obligation to furnish information.

Requisition of assistance in preparing maps.

Certified copies of records to be annexed to plaint or application.

Presumption regarding entries in the records.

Certified copies.

Bar of suits.

Appeal and Revision.

BOUNDARIES AND BOUNDARY MARKS

Determination of village boundaries, etc

Settlement of village boundaries by agreement

Settlement of boundary dispute by arbitration.

Construction and repair of boundary marks.—(1) The Deputy Commissioner may, by general or special order, direct that the boundary marks of survey numbers or holdings shall be constructed or repaired by the holders, and it shall be the duty of every such holder to construct or repair them, as the case may be, in the manner and within the time specified in the order.

1. (2) If any land holder fails to comply with the direction issued under sub-section (1), the Deputy Commissioner or any other officer authorised by him in this behalf may, after such notice as may be prescribed, cause such boundary marks to be constructed or repaired, and the cost of such construction or repair shall be recovered from the land holder as an arrear of land revenue.

Description of boundary marks.—Boundary marks shall be of such description and shall be constructed of such materials and in such manner as may be prescribed.

Deputy Commissioner to have charge of boundary marks after introduction of the survey settlement.

SURVEY AND SETTLEMENT OF LANDS AND OF BOUNDARY DISPUTES WITHIN THE SITES OF VILLAGES AND THE LIMITS OF TOWNS AND CITIES

Limits of sites of villages, towns and cities, how to be fixed and assignment of building sites.

Existing exemptions to be continued in certain cases.

Right to exemption to be determined by the Deputy Commissioner.

Procedure in certain cases of survey under section 152 and charge of a survey fee.—(1) When the Survey officer is required under section 152 to survey or measure any land, he shall cause the land to be surveyed or measured, and the cost of such survey or measurement shall be paid by the local authority or the person for whose benefit such survey or measurement is made, as the case may be; and the same shall be recoverable as an arrear of land revenue.

1. (2) The procedure to be followed in such cases shall be such as may be prescribed.
2. (3) The local authority or person entitled to such survey or measurement shall, on payment of the survey fee, or if the fee is paid by any other person on their behalf, be entitled to a certificate of survey or measurement in such form and containing such particulars as may be prescribed.

Certificate to be granted without extra charge.

Duties of local authority for protecting boundary or survey marks.

Contributions payable by local authority [Section text not available in the official gazette publication.]

REALISATION OF LAND REVENUE AND OTHER PUBLIC DEMANDS

Liability for revenue.—The land revenue of any land shall be the paramount charge on the land and on the crops, rents and profits thereof.

Claim of State Government to have precedence over all others.—Notwithstanding anything contained in any law for the time being in force, the claim of the State Government to any land revenue shall have precedence over all other subsisting claims against the land or over the crops, rents or profits thereof.

Land Revenue when becomes due and payable.—Land revenue shall be due and payable at such times and in such installments, as may be prescribed.

Arrear of land revenue and defaulter.—Any land revenue due and not paid on or before the due date as prescribed shall be an arrear of land revenue and the person responsible for the payment of such land revenue shall be a defaulter.

Process for recovery of arrears.—An arrear of land revenue may be recovered by any one or more of the following processes, namely:—

1. (a) by serving a written notice of demand on the defaulter under section 162;
2. (b) by forfeiture of the occupancy or alienated holding in respect of which the arrear is due, under section 163;
3. (c) by distraint and sale of the defaulter’s moveable property under section 164;
4. (d) by attachment and sale of the defaulter’s immoveable property under section 165;
5. (e) by attachment of the defaulter’s village and taking it under management, under section 183.

Notice of demand.—(1) A notice of demand may be issued by the Village Accountant or by the Tahsildar or any other officer authorised in this behalf, calling upon the defaulter to pay the amount of the arrear of land revenue within such time as may be specified in the notice.

1. (2) The notice of demand shall be in such form and shall be served in such manner as may be prescribed.

Forfeiture of occupancy or alienated holding.—(1) The Tahsildar may declare the occupancy or alienated holding in respect of which the arrear of land revenue is due, to be forfeited to the State Government: Provided that no such forfeiture shall be made if such arrear does not exceed rupees ten thousand.

1. (2) Any occupancy or alienated holding so forfeited shall be deemed to be the property of the State Government free from all encumbrances and shall be disposed of by the Deputy Commissioner in such manner as he may direct.

Distraint and sale of moveable property.—(1) The Tahsildar may cause the defaulter’s moveable property to be distrained and sold.

1. (2) Such distraint shall be made by such officers as the Tahsildar may authorise in this behalf and shall not be made before sunrise or after sunset.
2. (3) The officer distraining property shall make a list of the property distrained and shall deliver a copy thereof to the defaulter or to any person in possession of the property.
3. (4) If the arrear is not paid within the time specified in the notice issued under section 162, the distrained property may be sold by public auction in the manner prescribed, and the proceeds shall be applied in the first instance to the payment of the expenses of the distraint and sale and then in satisfaction of the arrear.

Attachment and sale of immoveable property.—If the arrear cannot be recovered by any of the processes mentioned in sections 162, 163 and 164, the Deputy Commissioner may attach and sell the defaulter’s immoveable property.

Attachment how to be made.—The attachment of immoveable property shall be made by an order prohibiting the defaulter from transferring or charging the property in any way and all persons from taking any benefit from such transfer or charge.

Claims to immoveable property attached.—(1) If any claim is set up by a third person to the property attached under section 165, the Deputy Commissioner shall inquire into the claim and admit or reject it.

1. (2) Any person aggrieved by an order under sub-section (1) may institute a suit in a Civil Court to establish the right which he claims to the property attached: Provided that, subject to the result of such suit, if any, the order of the Deputy Commissioner shall be conclusive.

Procedure in effecting sale of immoveable property.—(1) When any immoveable property is to be sold, the Deputy Commissioner shall cause a proclamation of the intended sale to be made in the language of the district.

1. (2) Such proclamation shall specify the time and place of sale and state that the property will be sold free of all encumbrances.
2. (3) A copy of the proclamation shall be affixed on a conspicuous part of the land proposed to be sold and also in the office of the Tahsildar and the Deputy Commissioner.

The sale to be by auction.—All sales of property, moveable or immoveable, shall be by public auction to the highest bidder, and such sale shall be subject to confirmation by the Deputy Commissioner, or other authority higher than the authority executing the sale, as may be prescribed.

Prohibition to bid at auction.—No officer having any duty to perform in connection with such sale shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold at such sale.

Purchase of property by Government.—If in any case of sale of immoveable property, there is no bidder or the highest bid made is not sufficient to cover the arrears of land revenue and the expenses of sale, it shall be lawful for the Deputy Commissioner to purchase the property on behalf of the State Government for such price as he may fix.

Sale of perishables.—(1) Perishable articles shall be sold by such officer and in such manner as the Tahsildar may direct.

1. (2) Such sale shall be final and shall not be subject to confirmation.

Sale not to be excessive.—The property to be sold shall be commensurate with the amount of arrears and expenses of sale, and no more property shall be sold than is necessary for such purpose.

Deposit by purchaser of immoveable property.—In the case of sale of immoveable property, the person declared to be the purchaser shall deposit twenty-five per cent of the amount of his bid, to the officer conducting the sale, and the payment of the balance of the purchase money shall be made within such time as may be prescribed.

Failure to make deposit.—(1) In default of payment within the prescribed time of the balance of the purchase money, the deposit made under section 174 shall, after defraying the expenses of sale, be forfeited to the State Government and the property shall be resold.

1. (2) The defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may subsequently be sold.

the provided legislative text ends at Section 2, sub-clause (28).

Confirmation of sale.

Certificate of purchase.

Application of proceeds of sale.—(1) The proceeds of the sale of any property sold under the provisions of this Chapter shall be applied in the following order, that is to say,—

1. (a) in defraying the expenses of selling the property;
2. (b) in discharging the amount due to the State Government on account of the arrear of land revenue and costs of the process of such sale, and all other expenses incurred by the Revenue Officer in respect of the recovery of such arrear;
3. (c) the surplus, if any, shall be paid to the defaulter or where the property sold is a holding of a joint family, to the manager of such family; or if there is any dispute as to the person entitled to receive the same, it shall be held in deposit by the Deputy Commissioner until a competent court decides the person entitled to receive the same.

Liability of certified purchaser.—The person certified as the purchaser of immoveable property under section 179 shall be entitled to all the rights, and subject to all the liabilities, of the occupant of the land in respect of which he is so certified.

Recovery by attachment of the defaulter’s village and taking it under management.

Restoration of village so attached.—The village or land so attached shall be restored to the defaulter on his furnishing security to the satisfaction of the Deputy Commissioner, or on his paying the arrear of land revenue and the costs incurred in the process of attachment and management, at any time before the expiration of twelve years from the date of attachment.

Village, etc., to vest permanently in the State Government if not redeemed within twelve years.—If any village or land remains under the management of the State Government under section 183, for a period of twelve years, it shall vest permanently in the State Government free of all encumbrances:

Provided that, the State Government may, if it thinks fit, at any time before the expiration of the said period of twelve years, restore the village or land to the defaulter on payment of such amount as may be determined by the Deputy Commissioner.

Precautionary measures in certain cases.—(1) Whenever the crop of any land or any portion of the same is sold, mortgaged or otherwise disposed of, whether by order of a Civil Court or other public authority or by private contract, the Deputy Commissioner may, if he finds it necessary, in order to prevent or defeat the object of this Act, demand at any time, prior to the crop being removed, such security as he thinks sufficient for the payment of the land revenue due or to become due in respect of the land on which the crop is grown.

1. (2) In the default of the security being furnished, the Deputy Commissioner may direct that the standing crop shall not be reaped or removed until the security is furnished or the land revenue is paid.

The index entry is: 189. Precautionary measures to be relinquished on security being furnished.

Recovery of moneys from survey.

MISCELLANEOUS

Repeal and Savings [Section text not available in the official gazette publication.]

SCHEDULE I Schedule [Section text not available in the official gazette publication.]