karanataka Land Reforms Rules 1974 Amendment

(cid:315)ಶೇಷ ರಾಜಯ್ ಪತಿರ್ಕೆ ¨sÁUÀ – 4J (cid:88)ಂೆ ಗಳೂರು, ಶುಕರ್ವಾರ,22,ಜನವರಿ, 2021(ಮಾಘ, 02, ಶಕವಷ೵ ೧೯೪2) ನಂ. 84 Part – IVA Bengaluru, FRIDAY,22,JANUARY,2021( MAGHA,02, ShakaVarsha 1942) No. 84 GOVERNMENT OF KARNATAKA NO: RD 77 LRA 2020 KARNATAKA GOVERNMENT SECRETARIAT, MULTISTORIED BUILDING, BENGALURU, DATED: 21.01.2021. NOTIFICATION The draft of the following rules further to amend the Karnataka Land Reforms Rules, 1974, which the Government of Karnataka, proposes to make in exercise of the powers conferred by section 137 read with section 38A of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962) is hereby published as required by sub-section (1) of section 137 of the said Act for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after the expiry of fifteen days from the date of its publication in the Official Gazette. Any objection or suggestion, which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above, will be considered by the State Government. Objections or suggestions may be addressed to the Additional Chief Secretary to Government, Revenue Department, Multi-Storied Building, Dr. B. R. Ambedkar Veedhi, Bengaluru –560 001. DRAFT RULES 1. Title and Commencement.- (1) These rules may be called the Karnataka Land Reforms (Amendment) Rules, 2020. (2) They shall come into force from the date of their final publication in the Official Gazette. (1)2 2. Amendment of rule 2.- In the Karnataka Land Reforms Rules, 1974 (herein after referred to as the said rules), in rule 2, in clause (ii-a), the words "High Level Committee or" shall be omitted. 3. Omission of rule 28.- Rule 28 of the said rules, shall be omitted. 4. Omission of rule 29.- Rule 29 of the said rules, shall be omitted. 5. Omission of rule 30.- Rule 30 of the said rules, shall be omitted. 6. Amendment of rule 31.- In rule 31 of the said rules, in sub-rule (2), the words, Brackets, figures and letter, "under sub-section (3) of Section 79-B" the shall be omitted. 7. Omission of rule 32.- Rule 32 of the said rules, shall be omitted. 8. Omission of rule 33.- Rule 33 of the said rules, shall be omitted. 9. Amendment of rule 38B.- In rule 38B, of the said rules,- (i) in sub-rule (1), for clause (a) except “Explanation” the following shall be substituted, namely:- "(a) exemption under section 109 for the purpose of industrial development may be granted,- (i) in case of industries upto rupees fifteen crores on the recommendation of the District Level Single Window Agency headed by the Deputy Commissioner; (ii) in case of industries having a total investment upto rupees five hundred crores by the State Level Single Window Clearance Committee (SLSWCC) on the recommendation of the Land Audit Committee headed by the Minister in charge of Large and Medium Scale Industries; and (iii) in case of industries having a total investment of more than five hundred crores by the State High Level Clearance Committee (SHLCC) on the recommendation of the Land Audit Committee headed by Chief Minister.” (ii) in sub-rule (3), in clause (b) in sub-clause (I),- (a) for item (i), the following shall be substituted, namely:- “(i) The Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (Karnataka Act 33 of 2001); (b) items (ii) to (vii) and item (ix) shall be omitted. (iii) in sub-rule (5), for clause (a), the following shall be substituted, namely:- “(a) exemption under section 109 for the purpose of Horticulture including Floriculture and Agro-based industry, shall be made,- (i) in respect of a project requiring upto twenty units of land on the recommendation of the District Level Single Window Agency headed by the Deputy Commissioner; and (ii) in respect of a project requiring land in excess of twenty units by the Government”.3 10. Amendment of rule 38-C,- In rule 38C of the said rules,- (i) for sub-rule (2), the following shall be substituted, namely:- "(2) All exemptions under these rules shall be granted subject to clearance by the State Level Single Window Clearance Committee (SLSWCC)/ State High Level Clearance Committee (SHLCC). (ii) for sub-rule (3), the following shall be substituted, namely:- (3) The State Level Single Window Clearance Committee (SLSWCC)/ State High Level Clearance Committee (SHLCC) while giving clearance to the project under this rule shall ensure, depending on the purpose for which exemption is sought, that the general conditions laid down under rule 38-D are also satisfied". 11. Amendment of rule 38-D,- In rule 38D of the said rules, in sub-rule (4), in the proviso to clause (ii) ,- (i) for the words "Schedule Bank" the words and figures "Financial Institution specified in clauses (a) and (b) of sub-section (1) of section 81” shall be substituted; and (ii) for the words and figures “section 3 of the Companies Act, 1956” the words and figures “section 2 of the Companies Act, 2013” shall be substituted. 12. Omission of Form 12.- In the said rules, Form 12 and the entries relating thereto shall be omitted. 13. Omission of Form 13.- In the said rules, Form 13 and the entries relating thereto shall be omitted. 14. Omission of Form 14.- In the said rules, Form 14 and the entries relating thereto shall be omitted. 15. Substitution of Form 15A and 15B,- In the said rules, for Form-15A and Form-15B and entries relating thereto the following shall be substituted, namely:- “FORM 15-A (See rule 38-D) Application for claiming / granting exemption under section 109 of the Karnataka Land Reforms Act, 1961 (To be filled by the Application/Institution) 1 Name of the Applicant / Institution with detailed address (in block letters) 2 Purpose for which exemption is sought 3 Date of Registration of firm/Institution under the Companies Act, 2013 (Central Act 18 of 2013) / the Karnataka Societies Registration Act, 1960 (Karnataka Act No 17 of 1960) / any other Law for time being in force (Copy of the Registration document to be enclosed along with the Memorandum of Article of Association). In case of Co- operative Housing Society, list of Members to be enclosed.4 4 (a) Registration Certificate issued by the Department of Industries and Commerce for having registered as Industry /I.E.M (Industrial Entrepreneur Memorandum) (Copy to be enclosed). (b) In case of educational Institutions recognition letter/order issued by the State or Central Government. 5 Details of District, Village, Taluk, Sy.No. and extent of land for which exemption is sought 6 Whether the applicant is already having agricultural land in his/its name or in the name of any subsidiary institution/company. If so, furnish the details of District, Taluk, Village, Survey Number and extent. PLACE: Signature of the DATE: Applicant/Institution FORM 15-B (See Rule 38-D) Application for claiming /granting exemption under section 109 of the Karnataka Land Reforms Act, 1961 (To be filled by the Applicant /Institution) 1 Name of the Applicant/Institution with detailed address (in block letters) 2 Purpose for which exemption is sought 3 Date of Registration of firm/Institution under the Companies Act, 2013 (Central Act 18 of 2013) / the Karnataka Societies Registration Act, 1960 (Karnataka Act No 17 of 1960)/ any other Law for time being in force. 4 (a) Whether the Registration Certificate issued by the Department of Industries and Commerce for having registered as an industry /I.E.M (Industrial Entrepreneur Memorandum) is enclosed (b) In case of education Institution whether the recognition letter/order issued by the State or Central Government is enclosed. (c) In case of place of worship whether the notification issued by the Government is enclosed.R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 5 5 Whether the proposed land comes under the non- alienation clause under:- (1) the Karnataka Land Reforms Act, 1961. (2) any Inams Abolition Act, (3) the Karnataka Land Grant Rules, 1969 or (4) the Karnataka Scheduled Castes and Scheduled Tribes (prohibition of transfer of certain lands) Act, 1978 (if permission is obtain from competent Authority attested copy to be enclosed) 6 Name and address of the proposed seller of the land (survey number wise): (a) When and how the land now propose to be sold was obtained: (i) Inherited (ii) purchased (iii) Granted (iv) Others (Give three previous transactions if any) 7 Whether the land is in irrigated area? PLACE: Signature of the Applicant/Institution” DATE: By order and in the name of the Governor of Karnataka [V.PRAKASH] Under Secretary to Government Department of Revenue [Land Reforms] ಮುದರ್ಕರು ಹಾಗೂ ಪರ್ಕಾಶಕರು:- ಸಂಕಲನಾಧಿಕಾರಿಗಳು, ಕನಾರ್ಟಕ ರಾಜಯ್ಪತರ್, ಸಕಾರ್ರಿ ಕೇಂದರ್ ಮುದರ್ಣಾಲಯ, ಬೆಂಗಳೂರು.