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ABSTRACT OF KARNATAKA LAND REVENUE ACT, 1964
BEARING ON REGISTRATION OF DOCUMENTS

Section 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;

Section (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;

Section (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(i) land classified as dry land under any law repealed by Section 202, or any law in force at any time before the comencement of this Act;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(i) dry garden land means land classified as such under any law repealed by Section 202 or any law in force at any time before the commencement of this Act, or garden land in which wet garden crops cannot be grown except when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.

Section (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;

Section (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;

1[Section (18-A). Appointment of licensed surveyors.- (1) The Director of Surey Settlement and Land Records may, for the purposes of the third proviso to Section 128 and of clause (c) of Section 131, issue, with the prior approval of the State Government and subject to such conditions and restrictions and in such manner as may be prescribed, a licence to any person (hereinafter referred to as the Licensed Surveyor) possessign the prescribed qualifications and experience.

(2) The fee payable to a Licensed Surveyor shall be as may be prescribed.]

Section (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;

1. Section 18-A inserted by Act No. 14 of 1999, w.e.f. 30-4-1999.

Section (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;

Section-128. Acquisitions of rights to be reported. - (1) Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord or tenant of the land or assignee of the rent or revenue thereof, shall report orally or in writing his acquisition of such right to the Prescribed Officer of the village within three months from the date of such acquisition, and the said Officer shall at once give a written acknowledgment of the receipt of the report to the person making it:

Provided that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the Prescribed Officer:

Provided further that any person acquiring a right by virtue of a registered document shall be exempted from the obligation to report to the Prescribed Officer.

1[Provided also that any person reporting under this sub-section the acquisition by him of a right in partition in respect of the land shall annex with the report a sketch showing the metes and bounds and other prescribed particulars of such land and such person shall get the sketch prepared by a licensed surveyors.]

Explanation I. The rights mentioned above include a mortgage without possession but do not include an easement or a charge not amounting to a mortgage of the kind specified in Section 100 of the Transfer of Property Act, 1882 (Central Act 4 of 1882).

1. Inserted by Act No. 14 of 1999, w.e.f. 30-4-1999.

Explanation II. - A person in whose favour a mortgage is discharged or extinguished or a lease determined acquires a right within the meaning of this section.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, by notification, appoint any Revenue Officer to whom a report under sub-section (1) may be made, in which case such Officer shall give a written acknowledgment of the receipt of such report to the person making it, and forward the report to the Prescribed Officer of the village concerned.

(3) If any person makes a report under sub-section (1) or sub-section (2).

(a) after the period of three months but within the period of one year from the date of acquisition of the right, the report shall be received on payment of a penalty of two rupees;

(b) after a period of one year from the date of such acquisition, the report shall be received on payment of a penalty of not less than two rupees but not exceeding ten rupees, as may be ordered. -

(i) by the Tahsildar, in case the report is made under sub-section (1) to the Prescribed Officer; or

(ii) by the Revenue Officer, in case the report is made to such Officer under sub-section (2).

1(4) No document by virtue of which any person acquires a right in any land as holder, occupant, owner, mortgagee, landlord or tenant or assignee of the rent or revenue thereunder, shall be registered under the Indian Registration Act, 1908 (Central Act 16 of 1908), unless the person liable to pay the registration fee also pays to the Registering Authority such fees as may be prescribed for making the necessary entries in the Record of Rights and registers referred to in Section 129; and on the registration of such a document, the Registering Authority shall make a report of the acquisition of the right to the Prescribed Officer.

1. Sub-Registrar can refuse to register a document if the party fails to pay the fee prescribed under Land Revenue Act, 1964. [Clarification issued by Government RD No. 70 ERG 64 dated 22/27-11-65]

Section-131. Requisition of assistance in preparing maps. Subject to rules made in this behalf by the State Government-

(a) any Revenue Officer or prescribed officer may for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this Chapter, exercise any of the powers of a Survey Officer under Section 107, except the power of assessing the cost of hired labour, and

(b) where the preparation or revision of such map is made on the application of any person, any Revenue Officer or a rank not lower than that of an Assistant Commissioner or of a Survey Officer may assess the cost of the preparation or revision of such map or plan and all contingent expenses including the cost of clerical labour and supervision, and such costs shall be recoverable from such person as an arrear or land revenue;

1[(c) any person while reporting acquisition by him of a right in accordance with the third proviso to sub-section (1) of Section 128 or any person alienating any land that is part of the survey or sub number shall get a sketch of the said property prepared by a licensed surveyor, for the purpose of presenting the deed before the registering authority.]

1.Inserted by Act No. 14 of 1999, w.e.f. 30-4-1999.

ABSTRACT OF THE KARNATAKA LAND REVENUE RULES, 1966
BEARING ON REGISTRATION OF DOCUMENTS

Rule - 44. Intimation slips to be sent to Village Accountants. The Tahsildar in charge of the Record of Rights Work or other Officer appointed for the purpose shall intimate the fact of completion of the preliminary record to the Registrar of the district and the Sub-Registrar of the taluk with a request to send the intimation slips villagewise in Form 10 of all acquisition of rights in lands situated in the taluk, which are registered in their offices to the Tahsildar. The Tahsildar shall keep a record of all such intimation slips shall subject to the general or special orders of the State Government to the contrary and send them to the Village Accountat.

Rule - 63. Registrar and Sub-Registrar to send intimation slips to the Village Accountant through the Tahsildar. (1) The Registrar or Sub-Registrar shall, on receipt of information under Rule 44 of the completion of the preliminary record, send to the Tahsildar, daily intimation slips in Form 10 of all transactions relating to lands registered in his office, compiled separately for each village. The Registrar or Sub-Registrar shall also send a consolidated list of all transactions once in a fortnight to the Tahsildar in Form 10-A.

(2) On receipt of intimation slip from the Registrar or Sub-Registrar in Form 10 and Form 10A and on receipt of the report in Forms 19 and 20, the Tahsildar shall cause the slips to be entered in a Register in Form 10-B villagewise giving separate serial numbers for each village and transmit them to the Village Accountants concerned and get their acknowledgments which shall be filed in his office.

CHAPTER - XVI

Levy and Recovery of Fees

Rule - 137. Levy and Recovery of Fees. (1) In cases in which a Survey Number or a sub-division of a Survey Number is to be divided in pursuance of a mutation under sub-section (1) of Section 128, a fee at the rate of rupees eight in respect of each division shall be recovered.

Provided that such fee shall not be levied and recovered from the members of the Scheduled Castes and Scheduled Tribes.

Provided further that no such fee shall be recovered in respect of lands donated to or granted by the Karnataka Bhoodan Yagna Board under the Karnataka Bhoodan Yagna Act, 1963 (Karnataka Act 34 of 1963)

(2) the fee recoverable under sub-section (4) of Section 128 shall be levied and recovered at the following rates, namely. -

(i) fee of two rupees per entry in respect of a Survey Number or a sub-division of a Survey Number subject to a maximum of [twenty rupees] for all entries made at one time pertaining to the lands in a village held by the same individual;

(ii) additional fee of [eight rupees] for every new sub-division of a Survey Number to be formed in respect of mutations which involve measurement.

Provided that in the case of persons belonging to the Scheduled Castes and Scheduled Tribes, the fee recoverable shall be nil:

Provided further that in respect of lands donated to or granted by the Karnataka Bhoodana Yagna Board under the Karnataka Bhoodan Yagna Act, 1963 (Karnataka Act 34 of 1963), the fee recoverable under this sub-rule shall be nil.

   
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