IN KARNATAKA THE CEILING LIMIT ON LAND HOLDING IS IN RESPECT OF ONLY AGRICULTURAL LAND AND STILL IT IS IN FORCE:-

COLLECTED BY SRIDHARA BABU. N

ADVOCATE TUMKUR

PH: 9880339764 CEILING IN CASE OF INDIVIDUAL AND FAMILY:-

1. A person having no family can hold 10 units of agricultural land. That is A class land 10 acres and D class land 54 acres as calculated in the table below.

2. If a person having family holds land, then his holding is calculated by adding 2 units to 6th person in his family like that each additional person will get 2 units extra. The total such units shall not exceed 20 units in a family.

3. Suppose a family inherits land from its ancestors, then each person in the family

who is entitled for share will get such notional allotment for calculating the ceiling limit.

4. The prominent thing to be noted here is for Hindus the inheritance to ancestral and

joint family property arises from the date of birth of each co-parcener. However there is no concept of joint family among muslims and Christians. The right to succession among them only arises after the death of an individual, his/her siblings inherit as per their position in their law. However for land reforms act, Under section 2(17) the "Joint family" means in the case of persons governed by Hindu Law, an undivided Hindu family, and in the case of other persons, a group or unit the members of which are by custom joint in estate or residence.

5. The ceiling limit for a tenant who becomes tenant as to any land leased after the

commencement of the Karnataka Land Reforms (Amendment) Act, 1995 in the districts of Uttara Kannada and Dakshina Kannada by land-owners or persons registered as occupants under the provisions of this Act, for the purpose of utilising the land for acquaculture for a period not exceeding twenty years, at such lease rent as may be determined by mutual agreement between the parties and such agreement shall be registered and a copy thereof shall be sent to the Deputy Commissioner within fifteen days from the date of such registration. The ceiling limit in such case is 40 units.

6. In the case of a family the ceiling area shall be applied to the aggregate of the lands held by all the members of the family, including the 'stridhana' land.

7. In calculating ceiling limit the persons holding share in the co-operative farm or trust shall be taken into account.

8. In case of individual the family means his/her spouse or spouses including such individual and his/her minor sons and unmarried daughters. In case if he/she has no spouse, such individual and his / her minor sons and unmarried daughters. In case if he/she is a divorced person and who has not remarried then his/her minor sons and unmarried daughters including such individual and it is immaterial whether such son or unmarried daughter is in his/her custody or not. Where individual and his/her spouse is both dead then their minor sons and unmarried daughters. Here in the family for the purposes of Karnataka Land Reforms act such individuals father, mother, brothers, sisters and married daughters are not included in the definition of family as given under section 2(12).

CEILING IN CASE OF TRUST:-

1. There is separate ceiling limit prescribed for a public trust that is 20 units.

2. The private trust has a ceiling limit as an individual when the creator of private trust holds his power to revoke trust.

3. The private trust which has no revoking power is also having ceiling limit depending

upon the number of beneficiaries.

4. In the case of partly private and partly public trust, the ceiling limit applies to those assets which are coming under private trust.

5. However such trusts shall be capable for holding land as per land reforms act, and

such income from the land shall be utilized for the sole benefit of trust/society/ institution. If the prescribed authority holds that such land is not utilized for solely for the benefit of trust then it will be treated as surplus land

LAND HELD BY EDUCATIONAL INSTITUTION/ RELIGIOUS INSTITUTION /CHARITABLE INSTITUTION/ SOCIETY AND ITS CEILING LIMIT:- 1. Such institutions should be capable of holding land under the law.

2. The income from such land shall be utilsed for the sole benefit of such institution.

3. The ceiling limit is that of 20 units.

4. If the prescribed authority holds that such land is not utilized for solely for the

benefit of institution then it will be treated as surplus land.

LAND HELD BY SUGAR FACTORY AND CEILING LIMIT 1. Sugar factory can hold land for the purpose of research or seed farm or both. The

ceiling limit shall be fifty units.

2. If the prescribed authority holds that such land is not utilized for the purpose of research or seed farm or both then it will be treated as surplus land.

LAND USED FOR PLANTATION AND ITS APPLICABILITIES AND CONSEQUENCES UNDER KARNATAKA LAND REFORMS ACT

1. The land having plantation crops does not comes under ceiling limits(section 63 &

64), that land has no application of section 79A and 79B of land reforms act. That is even non agriculturist or company or any one can buy land having plantations crop.

2. Section 104 of Karnataka land reforms act specifically says the ceiling limit does not apply to plantation crops. There is an exception to this if a person along with plantation crops land holds other agricultural lands then to calculate the ceiling limit the land held by such person exceeding such permissible limit as determined by prescribed authority as necessary for the protection and efficient management of such cultivation within the boundaries of plantation shall also be taken into account.

3. Under section 2(8)(d) of Karnataka Land revenue Act 1964 the plantation land is described as follows: ‘plantation land’ means land in which a plantation crop, that is, cardamom, coffee, pepper, rubber or tea, can be grown.

SURPLUS LAND:- 1. All land held beyond such prescribed ceiling limit then it is surplus land. If any

person has transferred land from 18-11-1961 to 24-01-1971 that land is also treated as transferor land along with retained land to calculate ceiling limit along with retained.

2. If a person has transferred any land after 24-01-1971 then that transferred area is also included to calculate ceiling limit of transferor.

3. If a person transferred land by way of partition or by way of donation to bhoodan

board under bhoodan yagna act or to a tenant of such land as per section 39 of the act, then such transfer is excluded from the transferor account.

4. There is a penalty for such fraudulent transfer also, if any such transfer is effected to

show that he is having less than the ceiling limit, if on such calculation of ceiling

limit if it is found that personhas more than the ceiling limit then all his lands are treated as surplus land.

5. The act transfer as said above while calculating surplus land include include sale,

gift, mortgage with possession, Exchange, lease or any other kind of disposition made inter vivos (among living).

6. The excess land exceeding ceiling limit permitted under section 63 of Karnataka land reforms act is only treated as surplus land. If a person acquires land by way of transfer, gift, purchase, exchange, mortgage with possession, lease, surrender or any kind of transfer inter vivos(among living), or by bequest or inheritance, partition or otherwise, if ceiling limit exceeds such excess ceiling limit of land is termed as surplus land. (Section 64).

7. The surplus land shall be surrendered to the state government as specifically said by section 65 of Karnataka land reforms act.

8. When land is converted to any other class of land by way of providing irrigation facility by government, then land becoming surplus after such conversion will be calculated and becomes surplus land if it exceeds ceiling limit for such particular land.

9. IT IS MANDATORY FOR A PERSON TO FILE DECLARATION IN THE FOLLOWING CASES a). On the date of commencement of amendment act on or before 31-12-1974 declare his/her extent of holdings. b). On and after 18-11-1961 on or before 01-03-1974 declare his/her extent of holdings. c). If a person acquires land in excess of ceiling limit by way of transfer as disclosed under section 64. d). when land becomes excess by way of change in class of land by irrigation change. e). After Tahsildar summons him to file declaration within 30 days from the date of service of notice.

10. CONSEQUENCES OF NOT FILING DECLARATION:-

a). If a person fails to file declaration within 30 days of service of notice without any reasonable cause or furnishes false declaration which he knows or has reason to believe to be false, the tahsildar once again has to issue show cause notice giving 15 days to explain why Rs 500 fine shall not be imposed. If the declarant has not furnished correct information and without reasonable cause failed to furnish

information then Tahsildar has to pass orders imposing Rs 500 fine and require such person to file correct statement complete in all particulars within one month from the date of service of order. b). If the person fails to comply the order within the time granted the right, title and interest of such person in the land held to the extent in excess of ceiling area shall by way of penalty be forfeited to the state government.

11. CONSEQUENCES AFTER FILING DECLARATION:-

a). Tahsildar after verifying the declaration and class of land place the declaration before Tribunal. b). Tribunal shall determine the extent of the holding and the area by which such extent exceeds the ceiling area. c). The order of the tribunal shall be final and shall be communicated to the person and Tahsildar. d). The person shall surrender the excess land. e). The stridhana land which may be surrendered shall in no case be more than the proportion of other land surrendered by the family. f). When the land is under tenancy and under enquiry under chapter 3 of Karnataka land reforms act, such tenanted land is subjected to decision of tribunal. Only land cultivated personally by landlord is taken for deciding ceiling limit. g). The Tribunal shall serve on every person who is liable to surrender land as ordered by it under section 67(1) specifying the extent of land he has to surrender requiring him to file statement in such manner within such period specifying therein the land which he proposes to surrender. h). If the person files such statement and if tribunal accepts it, may order approving such statement. i). If the land proposed to be surrendered is not suitable on the ground of inaccessibility or any other ground that may be prescribed, the Tribunal may pass an order rejecting it and call upon the person concerned to file a fresh statement specifying therein other suitable land. j). If such person fails to file a fresh statement, the Tribunal may itself select the land which shall be surrendered by such person and pass an order to that effect and thereupon the said land shall be deemed to have been surrendered by such person.

COMPENSATION PAYABLE BY USER OF SURPLUS LAND TO GOVERNMENT a). Every person possessing land in excess of the ceiling area, as determined, shall pay to the State Government compensation for his use of land. b). The compensation shall be for the period he was in possession of such extent of land from the date of the order determining the excess. c). Such compensation for the use and occupation of such land will be determined by the Tribunal may in the prescribed manner. d). Any such sum payable may be recovered as arrears of land revenue.

TABLE OF CEILING LIMIT AND 79A AND 79B UNDER KARNATAKA LAND REFORMS ACT CLASS OF LAND CEILING

LIMIT APPLICABILITY OF 79A AND 79B

CLASSIFIED UNDER LAND REFORMS ACT CLASSIFIED UNDER LAND REVENUE ACT

PLANTATION LAND

NO CEILING LIMIT

NOT APPLICABLE

AS PER SECTION 104 OF LAND REFORMS ACT '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 WITH 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.

‘PLANTATION LAND’ MEANS LAND IN WHICH A PLANTATION CROP, THAT IS, CARDAMOM, COFFEE, PEPPER, RUBBER OR TEA, CAN BE GROWN.

A CLASS LAND HAVING SOIL CLASSIFICATION VALUE ABOVE 8 ANNAS

10 ACRES APPLICABLE LANDS HAVING FACILITIES FOR ASSURED IRRIGATION FROM SUCH GOVERNMENT CANALS AND GOVERNMENT TANKS AS ARE CAPABLE OF SUPPLYING WATER FOR GROWING TWO CROPS OF PADDY OR ONE CROP OF SUGARCANE

GRADEN LAND

A CLASS LAND HAVING SOIL CLASSIFICATION VALUE BELOW 8 ANNAS

13 ACRES APPLICABLE

B CLASS LAND HAVING SOIL CLASSIFICATION VALUE ABOVE 8 ANNAS

15 ACRES APPLICABLE LANDS IRRIGATED BY SUCH LIFT IRRIGATION PROJECTS CONSTRUCTED AND MAINTAINED BY THE STATE GOVERNMENT AS ARE CAPABLE OF SUPPLYING WATER FOR GROWING TWO CROPS OF PADDY OR ONE CROP OF SUGARCANE

GARDEN LAND

B CLASS LAND HAVING SOIL CLASSIFICATION VALUE BELOW 8 ANNAS

20 ACRES APPLICABLE

C CLASS LAND HAVING SOIL CLASSIFICATION VALUE ABOVE 8 ANNAS

25 ACRES APPLICABLE (I) LANDS IRRIGATED FROM ANY GOVERNMENT SOURCES OF IRRIGATION, INCLUDING LIFT IRRIGATION PROJECTS CONSTRUCTED AND MAINTAINED BY GOVERNMENT OTHER THAN THOSE COMING UNDER A CLASS AND B CLASS. (II) LANDS ON WHICH PADDY CROP CAN BE RAISED OR ARECA CROP IS GROWN WITH THE HELP OF RAIN WATER. (III) LANDS IRRIGATED BY LIFTING WATER FROM A RIVER OR GOVERNMENT CANAL OR GOVERNMENT TANK WHERE THE PUMPING INSTALLATION OR OTHER DEVICE FOR LIFTING WATER IS PROVIDED AND MAINTAINED BY THE LAND OWNER.

BOTH GARDEN AND WET LANDS

C CLASS LAND HAVING SOIL CLASSIFICATION VALUE BELOW 8 ANNAS

30 ACRES APPLICABLE NOTES: (1) LANDS HAVING FACILITIES FOR IRRIGATION FROM A GOVERNMENT SOURCE WHERE THE SYSTEM OF WATER SUPPLY IS SUITABLE FOR GROWING ONLY LIGHT IRRIGATED CROP NAMELY, CROPS OTHER THAN PADDY AND SUGARCANE SHALL COME UNDER THIS CLASS. (2) LANDS GROWING IRRIGATED GARDEN CROP WILL COME UNDER CLASSES 'A', 'B' OR 'C' AS THE CASE MAY BE DEPENDING UPON THE SOURCE OF IRRIGATION AND THE SYSTEM OF WATER SUPPLY

BOTH GARDEN AND WET LANDS

D CLASS LAND 54 ACRES APPLICABLE LANDS CLASSIFIED AS DRY BUT NOT HAVING ANY IRRIGATION FACILITIES FROM A GOVERNMENT SOURCE. LANDS GROWING PADDY OR GARDEN CROPS NOT COMING UNDER A CLASS, B CLASS OR C CLASS SHALL BELONG TO THIS CLASS.

DRY LAND

UNDER KARNATAKA LAND REVENUE ACT THE LAND IS CLASSIFIED AS FOLLOWS (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(KARNATAKA LAND REVENUE 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. COMPILED BY IN THE INTEREST OF LEGAL LITERACY CAMPAIGN SRIDHARA BABU N ADVOCATE TUMKUR – KARNATAKA INDIA KSBC: KAR: 2157/2000 PH: 9880339764 NOT FOR SALE- FREE TO VIEW AND DOWNLOAD http://sridharababu.blogspot.com

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