Section 79-A. Acquisition of land by
certain persons prohibited.
- (1) On and from the commencement of the the
Karnataka Land Reforms (Amendment) Act, 1995, no person who or a family or a
joint family which has an assured annual income of not less than 1[rupees two
lakhs] from sources other than agricultural lands shall be entitled to acquire
any land whether as land owner, landlord, tenant or mortgagee with possession
or otherwise or partly in one capacity and partly in another.
1.
Substituted for the words rupees fity thousand by Act No.31 of 1995 w.e.f.
20-10-1995.
Please Note :
1)
KARNATAKA LAND REFORMS ACT 1961, (Karnataka Act No.10 of 1962) AS AMENDED BY
ACT NO.1 & 31 OF 1991 - Section 79A - Interpretation by reference to entire
provisions as amended by Act 1 of 1991 - Must be held Rs.50,000/- always in
enactment - From 1.3.1974, no acquisition of agricultural land if Income from
non-agricultural sources in excess of Rs.50,000/-.
HELD
- Whenever an Amended Act has to be applied subsequent to the date of
amendment, the various unamended provisions of the Act have to be read along
with the amended provision as though they are part of it The amended part of
the provision having got incorporated into the Act the provision of Section 79A
of the Act as such should be read. Section 79A of the Act has the opening words
on and from the commencement of the Amended Act. The amended Act, is defined to
be Act 1 of 1974 which came into effect from 1.3.1974. From that date, no one
can acquire an agricultural land if his income from sources other than
agricultural lands is in excess of Rs.50,000/-... The interpretation to be
placed on Section 79A of the Act is only by reference to the entire provisions
of the Section as amended by Act 1 of 1991 and it must be held that the said
words Rs.50,000/- as always being there in the enactment because the language
of the Section permits no other construction. [Vijayakumar Sankrayya Sardar Vs
State of Karnataka w.p.No. 20403 of 1991 dated 16th August 1993 : ILR 1993 KAR
2586].
2)
It has been noticed that the Vijayakumar Vs State, ILR 1993 Kar. 2586, the
Division Bench has held that the amendments effected by Acts 1 & 31 of
1991, substituting the words Rs.12,000-00 with the words Rs.50,000/- got
incorporated into Section 79A and the amendments are effective from 1.3.1974,
but not from the date of amendment Acts 1 and 31 of 1991.
Act
31/1995, has substituted the words Amendment Act with the words the Karnataka
Land Reforms (Amendment) Act, 1995 and also substituted the words Fifty
thousand, with the words Two lakhs. The legislature has made its intention very
clear as to the prospective nature of the amendments. For this purpose the
words the Karnataka Land Reforms (Amendment) Act 1995 have been substituted,
for the words amendment Act, which according to Section 2A(4) means Karnataka
Land Reforms (Amendment) Act 1973. Now the amendments clearly state that the
amendments should take effect from the date of commencement of Act 31/1995,
which has come into force on 20-10-1995.
(2)
For purposes of sub-section (1) -
(i)
the aggregate income of all the members of a family or a joint family or a
joint family from sources other than agricultural land shall be deemed to be
income of the family or joint family, as the case may be, from such sources;
(ii)
a person or a family or a joint family shall be deemed to have an assured
annual income of not less than rupees two lakhs from sources other than
agricultural land on any day if such person or family or joint family had an
average annual income of not less than rupees two lakhs from such sources
during a period of five consecutive years preceding such day.
Explanation. A person who or a family
or a joint family which has been assessed to income tax under the Income Tax
Act, 1961 (Central Act 43 of 1961) on an yearly total income of not less than
rupees two lakhs for five consecutive years shall be deemed to have an average
annual income of not less than rupees two lakhs from sources other than
agricultural lands
(3)
Every acquisition of land otherwise than by way of inheritance or bequest in
contravention of this section shall be null and void.
(4)
Where a person acquires land in contravention of sub-section (1) or acquires it
by bequest or inheritance he shall, within ninety days from the date of
acquisition, furnish to the Tahsildar having jurisdiction over the Taluk where
the land acquired or the greater part of it is situated a declaration
containing the following particulars, namely:
(i)
particulars of all lands;
(ii)
the average annual income of himself or the family;
(iii)
such other particulars as may be prescribed.
(5)
The Tahsildar shall, on receipt of the declaration under sub-section (4) and
after such enquiry as may be prescribed send a statement containing the
prescribed particulars relating to such land to the Deputy Commissioner who
shall, by notification, declare that with effect from such date as may be
specified in the notification, such land shall stand transferred to and vest in
the State Government without further assurance free from all encumbrances. From
the date specified in such notification the Deputy Commissioner may take
possession of such land in such manner as may be prescribed.
(6)
For the land vesting in the State Government under sub-section (5), where the
acquisition of the land was by bequest or inheritance, an amount as specified
in Section 72 shall be paid and where the acquisition was otherwise than by
bequest or inheritance, no amount shall be paid.
Section 79-B. Prohibition of holding
agricultural land by certain persons. -
(1) With effect on and from the
date of commencement of the Amendment Act, except as otherwise provided in this
Act, -
(a)
no person other than a person cultivating land personally shall be entitled to
hold land; and
(b)
it shall not be lawful>
(i)
an educational, religious or charitable>
(ii)
a company;
(iii)
an association or other body of individuals not being a joint family, whether
incorporated or not; or
(iv)
a co-operative society other than a co-operative farm, to hold any land.
(2)
Every such institution, society, trust, company, association, body or co
operative
society;-
(a)
which holds lands on the date of commencement of the Amendment Act and which is
disentitled to hold lands under sub-section (1), shall, within ninety days from
the said date furnish to the Tahsildar within whose jurisdiction the greater
part of such land is situated a declaration containing the particulars of such
land and such other particulars as may prescribed; and
(b)
which acquires such land after the said date shall also furnish a similar
declaration within the prescribed period.
(3)
The Tahsildar shall, on receipt of the declaration under sub-section (2) and
after such enquiry as may be prescribed, send a statement containing the
prescribed particulars relating to such land to the Deputy Commissioner who
shall, by notification, declare that such land shall vest in the State
Government free from all encumbrances and take possession thereof in the
prescribed manner.
(4)
In respect of the land vesting in the State Government under this section an
amount as specified in Section 72 shall be paid.
Explanation.- For purposes of this
section it shall be presumed that a land is held by an institution, trust,
company, association or body where it is held by an individual on its behalf.
