Act Info:
(1) This Act may be called the1[Karnataka] Land Reforms Act, 1961.
(2) It extends to the whole of the1[State of Karnataka].
(3) It shall come into force on such2[date] as the State Government may, by notification, appoint.
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1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.1.11.1973.
2. Act came into force by notification w.e.f. 2.10.1965. Text of notification is at the end of this Act.
Section 2 - Definitions
(A) In this Act, unless the context otherwise requires,--
1 [(1) "agriculture" includes,--
1 [(a) acquaculture;]
1 [(aa)] horticulture;
(b) the raising of crops, grass or garden produce;
(c) dairy farming;
(d) poultry farming;
(e) breeding of livestock;
(f) grazing;
but does not include the cutting of wood only;]
(2) "agricultural labourer" means a person whose principal means of livelihood is manual labour on land 2 [and includes an artisan whose principal means of livelihood is preparation of agricultural implements];
(3) "agriculturist" means a person who cultivates land personally;
3 [(4) "Amendment Act" means the 4 [Karnataka] Land Reforms (Amendment) Act, 1973;]
5 [(4A) x x x]
(5) "appointed day" means the date appointed under sub-section (3) of section 1;
6 [(5A) "Assistant Commissioner" means an Assistant Commissioner appointed under the Karnataka Land Revenue Act, 1964 and includes a Special Assistant Commissioner for Land Reforms and an Additional Special Assistant Commissioner for Land Reforms appointed by the State Government to exercise all or any of the powers of the Assistant Commissioner under this Act;]
7 [(6) x x x]
8 [(7) "ceiling area" means the extent of land which a person or family is entitled to hold under section 63;]
(8) "co-operative society" means a co-operative society as defined in the 4 [Karnataka] Co-operative Societies Act, 1959;
(9) "co-operative farm" means a co-operative farm registered as provided in section 91;
9 [(9A) "Court" means the Court of Munsiff within the local limits of whose jurisdiction the land is situate;]
(10) "to cultivate" with its grammatical variations and cognate expressions means to till or husband the land for the purpose of raising or improving agricultural produce whether by manual labour or by means of cattle or machinery, or to carry on any agricultural operation thereon; and the expression "uncultivated" shall be construed correspondingly;
ExplanationA person who takes up a contract to cut grass, or to gather the fruits or other produce of any land, shall not on that account only be deemed to cultivate such land;
(11) "to cultivate personally" means to cultivate land on one's own account,--
(i) by one's own labour, or
(ii) by the labour of any member of one's family, or
(iii) by hired labour or by servants on wages payable in cash or kind, but not in crop share, under the personal supervision of oneself or any member of one's family;
8 [ExplanationI In the case of an educational, religious or charitable institution or society or trust, of a public nature capable of holding property, formed for educational, religious or charitable purpose, the land shall be deemed to be cultivated personally if such land is cultivated by hired labour or by servants under the personal supervision of an employee or agent of such institution or society or trust;]
ExplanationIIIn the case of a joint family, the land shall be deemed to be cultivated personally, if it is cultivated by any member of such family.
10 [ExplanationIIIx x x]
8 [(12) "family" means,--
(a) in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and unmarried daughters, if any;
(b) in the case of an individual who has no spouse, such individual and his or her minor sons and unmarried daughters;
(c) in the case of an individual who is a divorced person and who has not remarried, such individual and his minor sons and unmarried daughters, whether in his custody or not; and
(d) where an individual and his or her spouse are both dead, their minor sons and unmarried daughters;]
11 [(12A) "financial institution" means,--
(i) a banking company as defined in the Banking Regulation Act, 1949;
(ii) the State Bank of India constituted under the State Bank of India Act, 1955;
(iii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959;
(iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;
(v) the Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance Corporation Act, 1963;
(vi) the Karnataka State Agro-Industries Corporation, a company registered under the Companies Act, 1956;
(vii) the Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956; and
(viii) any other institution notified by the State Government as a financial institution for the purpose of this Act;]
10 [(13) x x x]
12 [(14) x x x]
(15) "improvement" means, with reference to any land, any work which adds to the 13 [productivity] of the land and which is suitable thereto and consistent with the purpose for which it is held and which, if not executed on the land, is either executed directly for its benefit or is, after execution, made directly beneficial to it; and, subject to the foregoing provisions, includes,--
(a) the construction of tanks, wells, water channels, embankments and other works for the storage, supply or distribution of water for agricultural purposes;
(b) the construction of works for the drainage of land or for the protection of land from floods, or from erosion or other damage from water;
(c) the planting of trees or plantation crops and the reclaiming, clearing, enclosing, levelling or terracing of land;
(d) the erection of buildings on or in the vicinity of the land, elsewhere than in the municipal or urban area, reasonably required for the convenient or profitable use or occupation of the holding; and
(e) the renewal or reconstruction of any of the foregoing works, or alterations therein or additions thereto;
but does not include temporary wells and such water-channels, embankments, levellings, enclosures or other works, or petty alterations or repairs to such works, as are commonly made by cultivators of the locality in the ordinary course of agriculture;
ExplanationA work which benefits several lands may be deemed to be an improvement with respect to each of such holdings;
(16) "intermediary" means any person who, not being a land-owner, has an interest in the land, and is entitled, by reason of such interest, to possession thereof, but has lawfully transferred such possession to others;
(17) "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;
(18) "land" means agricultural land, that is to say, land which is used or capable of being used for agricultural purposes or purposes subservient thereto and includes horticultural land, forest land, garden land, pasture land, plantation and tope but does not include house-site or land used exclusively for non-agricultural purposes;
(19) "landless person" means a person who, holding no land whether as owner or tenant, earns his livelihood principally by manual labour on land, and intends to take to the profession of agriculture;
(20) "landlord" means a person who has leased land to a tenant and includes a person entitled to receive rent from a tenant.
ExplanationAn intermediary such as a permanent tenant ormulgenidar, mirasi-tenant or khata kul who having taken land on lease from the land-owner has leased it to another person shall be deemed to be the landlord with reference to the person to whom the land is leased;
(21) "land-owner" means an owner of land and includes a trustee or mortgagee with possession thereof;
14 [(21A) "land revenue" means all sums and payments received or claimable by or on behalf of the State Government from any person on account of land held by or vested in him as fixed at a settlement of land revenue current in the area in which the land is situated.
ExplanationIn the case of any village in which settlement of land revenue has not been made, an amount equal to the land revenue assessment levied on the same extent of similar land in an adjoining village in which settlement of land revenue has been made shall be deemed to be the land revenue for purposes of this clause;
(21B) "limited owner" means any person entitled to a life estate in any land and includes persons deriving rights through him.
ExplanationA person who has right to enjoy land during his life time shall be deemed to be a limited owner notwithstanding that he has no power to alienate the land;]
(22) "notification" means a notification published in the official Gazette;
(23) "permanent tenant" means a tenant 15 [who cultivates land personally],--
(a) the commencement or duration of whose tenancy cannot satisfactorily be proved by reason of antiquity of such tenancy; or
(b) whose name or the name of whose predecessor-in-title has been entered in the record of rights or in any public record or in any other revenue record as a permanent tenant; or
(c) who by custom, agreement or the decree or order of a court holds the land on lease permanently; or
(d) who holds land as mulgenidar, mirasdar or khata kul; and includes any person whose tenancy is under the provisions of any law presumed to be co-extensive with the duration of the tenure of the landlord;
10 [(24) x x x]
(25) "plantation crops" means cardamom, 22 [x x x] coffee, pepper, rubber and tea;
(26) "prescribed" means prescribed by rules made under this Act;
(27) "protected tenant" means a tenant of any land if he has held it continuously and cultivated it personally for a period of not less than twelve years prior to the appointed day, and includes,--
(i) in the 4 [Belgaum Area], a person who was recognised to be a protected tenant under section 4A of the Bombay Tenancy and Agricultural Lands Act, 1948, as in force in that Area before the appointed day, and
(ii) in the 4 [Gulbarga Area], a person who was deemed to be a protected tenant under the Hyderabad Tenancy and Agricultural Lands Act, 1950, as in force in that Area before the appointed day;
Explanation
(i) If the tenant came to hold the land by inheritance or succession from another person or if he has held such land as a tenant and is an heir to such other person, the period during which such other person held such land as a tenant shall be included in calculating the period of twelve years under this clause;
(ii) If the tenant holding the land held, as a tenant, at any time within the twelve years before the appointed day from the same landlord in the same village, any other land which he cultivated personally, the period during which he held such other land shall be included in calculating the period of twelve years under this clause;
(iii) Where any land is held by two or more persons jointly as tenants all such persons shall, if any, one of them cultivated and continues to cultivate such land personally be deemed to be protected tenants in respect of such land;
(iv) If a tenant had sublet a land on account of any temporary disability, he shall be deemed, for purposes of his acquiring rights of a protected tenant, to continue in possession and cultivate the land personally for the period of the sub-lease;
8 [(28) "rent" means money paid or payable by a tenant on account of the use and occupation of the land held by him;]
8 [(29) "Scheduled Bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934;
(29A) "Scheduled Castes" means the Scheduled Castes specified in respect of the 4 [State of Karnataka] or in respect of any area thereof, in the Constitution (Scheduled Castes) Order, 1950;
(29B) "Scheduled Tribes" means the Scheduled Tribes specified in respect of the 4 [State of Karnataka] or in respect of any area thereof, in the Constitution (Scheduled Tribes) Order, 1950;]
16 [(30) "seaman" means a person including a master, pilot or apprentice, employed or engaged as a member of the crew of a ship or sailing vessel to which the Merchant Shipping Act, 1958 (Central Act 44 of 1958) applies;]
Provided that if a question arises whether any person is a serving member of the armed forces of the Union such question shall be decided by the State Government, and its decision shall be final;
(31) 'small holder' means a land owner owning land not exceeding 8 [two units] whose total net annual income including the income from such land does not exceed 17 [ten thousand rupees];
18 [(31A) "soldier" means a person in the service of the Armed Forces of the Union and 11 [for purposes of resumption of land and transfer of the resumed land] includes in the case of a soldier who has died 17 [while in service as such soldier], the father, the mother, the spouse, the child and the grand child who were dependent upon such soldier at the time of his death:
Provided that if a question arises whether any person is a soldier or whether any soldier has died 3 [while in service as such soldier], such question shall be decided by the State Government, and its decision shall be final;]
19 [(32) "stridhana land" means any land held by any female member of a family in her own name;
(32A) "Tahsildar" includes a Special Tahsildar empowered by the State Government to exercise all or any of the powers of the Tahsildar under this Act;]
(33) "tenancy" means the relationship of landlord and tenant;
8 [(34) "tenant" means an agriculturist 1 [who cultivates personally the land he holds on lease] from a landlord and includes,--
(i) a person who is deemed to be a tenant under section 4;
(ii) a person who was protected from eviction from any land by the 4 [Karnataka] Tenants (Temporary Protection from Eviction) Act, 1961;
20 [(iia) a person who cultivates personally any land on lease under a lease created contrary to the provisions of section 5 and before the date of commencement of the Amendment Act.]
(iii) a person who is a permanent tenant; and
(iv) a person who is a protected tenant.
ExplanationA person who takes up a contract to cut grass, or to gather the fruits or other produce of any land, shall not on that account only be deemed to be a tenant;]
21 [(35) "Tribunal" means the Tribunal constituted under section 48;
(35A) "Unit" means 13 [one acre (40.47 ares)] of A Class land, the soil classification value of which is fifty paise (eight annas) and above or an extent equivalent thereto consisting of one or more classes of other land specified in Part A of Schedule I determined in accordance with the formula in Part B of the said Schedule.]
(36) "8 [unmarried daughter]" means a 8 [daughter] who has never been married;
(37) "village" means a village recognised as such in the revenue accounts.
(B) Words and expressions used in this Act but not defined shall have the meaning assigned to them in 20 [the 4 [Karnataka] Land Revenue Act, 1964], and the Transfer of Property Act, 1882, as the case may be.
10 [(C) x x x]
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1. Intem (aa) inserted by Act 31 of 1995 w.e.f. 20.10.1995.
2. Inserted by Act 3 of 1982 w.e.f. 6.3.1982.
3. Item (4) Substituted by Act 1 of 1974 w.e.f. 1.3.1974.
4. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.1.11.1973.
5. Inserted by Act 19 of 1986 w.e.f. 6.12.1985 and Omitted by Act 18 of 1990 w.e.f. 8.10.1990..
6. Item (5A) Inserted by Act 1 of 1979 w.e.f. 1.3.1974.
7. Item (6) Omitted by Act 1 of 1974 w.e.f. 1.3.1974.
8. Substituted by Act 1 of 1974 w.e.f. 1.3.1974.
9. Inserted by Act 6 of 1970 w.e.f. 15.1.1970.
10. Omitted by Act 1 of 1974 w.e.f. 1.3.1974.
11. Inserted by Act 1 of 1979 w.e.f. 1.3.1974.
12. Omitted by Act 31 of 1995 w.e.f. 20.10.1995.
13. Substituted by Act 1 of 1979 w.e.f. 1.3.1974
14. Sub-sections (21A) and (21B) Inserted by Act 1 of 1974 w.e.f. 1.3.1974
15. Inserted by Act 1 of 1974 w.e.f. 1.3.1974
16. Substituted by Act 4 of 1965 w.e.f. 29.7.1965.
17. Substituted by Act 1 of 1991 w.e.f. 5.2.1991.
18. Inserted by Act 14 of 1965 w.e.f. 29.7.1965.
19. Sections (32) and (32A) Substituted by Act 1 of 1974 w.e.f. 1.3.1974.
20. Substituted by Act 14 of 1965 w.e.f. 29.7.1965.
21. Clause (35) omitted by Act 6 of 1970 w.e.f.15.1.1970 and Clauses (35) & (35A) inserted by Act 1 of 1974 w.e.f.1.3.1974.
22. Inserted by Act 1 of 1979 w.e.f. 1.3.1974 and Omitted by Act 1 of 1991 w.e.f. 5.2.1991.