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Sunday 22 March 2015

THE KARNATAKA LAND REFORMS

KARNATAKA ACT NO. 27 OF 2014
THE KARNATAKA LAND REFORMS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2014
Arrangement of Sections
Sections:
1.Short title and commencement
2.Amendment of Karnataka Act 10 of 1962
3.Amendment of Karnataka Act 12 of 1964
STATEMENT OF OBJECTS AND REASONS
Amending Act 27 of 2014.- It is considered necessary to amend section 109 of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962) and section 95 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) to provide that once the permission under section 109 of the Karnataka Land Reforms Act, 1961 is taken the permission under section 95 of the Karnataka Land Revenue Act, 1964 is deemed to have been taken as the procedure under the two enactments is similar but is time consuming one as separate permission has to be taken under each enactment which result in undue delay. It is considered necessary to simplify the said procedure.
Provision is also made in cases where the land in any area, cannot be utilized for the purpose of industrial development, educational institutions, places of worship, a housing project approved by the State Government or Horticulture purpose under sub-section (1) within the prescribed time such land shall be surrendered to the Land Bank of the Government, failing which the exemption shall be cancelled and same be forfeited to the Government without paying compensation. Hence, the new proviso to sub-section (2) of section 109 of Karnataka Land Reforms Act, 1961, is proposed to be inserted.
Hence the Bill.
[L.A. Bill No.47 of 2014, File No. Samvyashae 24 Shasana 2014]
[entry 5 and 18 of List II of the Seventh Schedule to the Constitution of India.]
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KARNATAKA ACT NO. 27 OF 2014
(First Published in the Karnataka Gazette Extra-ordinary on the Twenty eighth day of August 2014)
THE KARNATAKA LAND REFORMS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2014
(Received the assent of the Governor on the Twenty fifth day of August 2014)
An Act further to amend the Karnataka Land Reforms Act, 1961 and the Karnataka Land Revenue Act, 1964.
Whereas it is expedient further to amend the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962) and the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty fifth year of the Republic of India, as follows:-
1.Short title and commencement.- (1) This Act may be called the Karnataka Land Reforms and Certain Other Law (Amendment) Act, 2014.
(2) It shall come into force at once.
2.Amendment of Karnataka Act 10 of 1962.- In the Karnataka Land Reforms Act, 1961
(Karnataka Act 10 of 1962) in section 109,-
(i) after sub-section(1A), the following shall be inserted, namely:-
"(IB) in cases where the land in any area, cannot be utilized for the purpose of industrial development, educational institutions, Places of worship, a Housing Project approved by the State Government or Horticulture purpose under sub-section (1) within the prescribed time, such land shall be surrendered to the land bank of the Government, failing which the exemption shall be cancelled and same be forfeited to the Government without paying compensation."
(ii) after sub-section (2) the following proviso shall be inserted, namely:-
"Provided that, any of the Company or Organization, after a period of seven years from the date of obtaining permission under section 109, for the purpose of expansion of project or to tide over the financial crisis or for changing of land usages, submit application, which shall be considered by the High Power Committee headed by the Chief Secretary to Government subject to such conditions as deemed fit on case to case basis."
3. Amendment of Karnataka Act 12 of 1964.- In the Karnataka Land Revenue Act, 1964, (Karnataka Act 12 of 1964) in section 95, after sub-section (7), before explanation, the following shall be inserted, namely:-
"(8) The permission for diversion of agricultural land for industrial development, educational institutions, Places of worship a Housing Project approved by the State Government, or for purpose of Horticulture under this section shall be deemed to have been granted when permission for purchase of agricultural land is accorded under section 109 of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962) for industrial development, educational institutions, Places of worship, a Housing Project approved by the State Government, or for purpose of Horticulture as the case may be subject to the payment of fees as may be prescribed."
By Order and in the name of the Governor of Karnataka,
S.B. GUNJIGAVI
Secretary to Government
Department of Parliamentary Affairs

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