Karnataka Land Revenue (Amendment) Act, 2007*
| [Karnataka Act No. 15 of 2007] | [6th May, 2007] |
An Act further to amend the Karnataka Land Revenue Act, 1964.
Whereas it is expedient further to amend 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 Fifty-eighth year of the Republic of India, as follows:-
* Received the assent of the Governor on the 6th day of May, 2007 and First Published in the Karnataka Gazette Extra-ordinary on the 8th day of May, 2007
STATEMENT OF OBJECTS AND REASONS
Amending Act 15 of 2007.- Section 94 of the Karnataka Land Revenue Act confers power on the Deputy Commissioners to remove unauthorized occupation in Government land, but still there are widespread encroachments of Government lands particularly in and around urban areas like Bangalore, Mysore, Mangalore, Belgaum, Hubli-Dharwad, Gulbarga and other cities. It has come to the knowledge of the Government that such land Grabbers are indulging in real estate business and thereby defrauding the innocent public. Therefore it is considered necessary that the further encroachment of the Government land in the urban areas has to be checked and such land Grabbers to be punished severely.
To prevent the officers in colluding with such land grabbers, the officers knowing such activities, but not initiating action against the culprits, officers abetting encroachments, officers creating bogus document and forging revenue records are made culpable and liable for prosecution.
Keeping the above facts in view, it was proposed to bring an amendment to the Karnataka Land Revenue Act, 1964 by inserting a new chapter called "Offences and Penalties".
The cases of Jamma, Bane lands in Coorg District or encroached government lands regularized or pending for regularization before the committee constituted under sections 94A, 94B and 94C of the Act and cases which are regularized by the government by formulating a special scheme in this behalf are excluded from the purview of the offence.
Since the matter was urgent and the Karnataka Legislature was not in session, the Karnataka Land Revenue (Amendment) Ordinance, 2006 (Karnataka Ordinance No. 3 of 2006) was promulgated to achieve the above object.
This Bill seeks to replace the said Ordinance.
[L.A. Bill No. 28 of 2007]
[Entry 64 of List II of the Seventh Schedule to the Constitution of India.]
1. Short title and commencement.- (1) This Act may be called the Karnataka Land Revenue (Amendment) Act, 2007.
(2) It shall be deemed to have come into force with effect from the eleventh day of December 2006.
2. Insertion of new Chapter-XIV-A.- After Chapter XIV of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), the following new Chapter shall be inserted, namely:-
"CHAPTER-XIV-A
OFFENCES AND PENALTIES
192-A.- Offences and Penalties.- Notwithstanding anything contained in the Act or the rules made thereunder whoever commits any of the offence specified in column (2) of the Table below, shall on conviction by a judicial Magistrate of first class for each of such offence be punishable with the sentence indicated in column (3) thereof,-
TABLE
| Sl. No. | Offence | Punishment |
| (1) | (2) | (3) |
| (1) | Unlawfully enters or occupies on any Government land with the intention of holding that Government land. Provided that it shall not apply to cases of Jamma, Bane lands in Coorg District or encroached government lands regularised or pending for regularization before the Committee constituted under sections 94A, 94B and 94C of the Act. | Imprisonment for one year and fine of rupees five thousand. |
| (2) | Cheats and thereby dishonestly creates documents for the purpose of selling, mortgaging or transferring by gift or otherwise of any Government land. | Imprisonment for three years and fine of rupees ten thousand. |
| (3) | Creates a forged document regarding Government lands with an intention to use it for that purpose or to grab such land. | Imprisonment for three years and fine of rupees five thousand |
| (4) | Being a Revenue Officer entrusted with the responsibility of reporting unlawful occupation of Government land or initiating action to remove such unauthorised occupiers fails to report or take action to remove such unlawful occupants. Provided that it shall not apply to cases of Jamma, Bane lands in Coorg District or encroached government lands regularised or pending for regularization before the Committee constituted under sections 94A, 94B and 94C of the Act: | Imprisonment for three years and fine of rupees ten thousand. |
| (5) | Sells any agricultural land for non-agricultural purposes without getting such land converted or without obtaining prior approval of the competent authority. Provided that it shall not apply to cases which are regularized by the government by formulating a special scheme in this behalf. | Imprisonment for three years and fine of rupees ten thousand. |
| (6) | Creates a forged document, regarding conversion of agricultural land for non-agricultural use or authorising the holder of agricultural land to use for non-agricultural purpose. | Imprisonment for one year and fine of rupees five thousand. |
| (7) | Being a public servant entrusted with the responsibility of maintaining records or entrusted with the responsibility of reporting unlawful conversion to the competent authority fails to report to the competent authority or to initiate action against unlawful conversion of revenue lands for non-agricultural purposes. Provided that it shall not apply to cases which are regularized by the government by formulating a special scheme in this behalf. | Imprisonment for three years and fine of rupees ten thousand. |
| (8) | Contravenes any lawful order passed under this Act. | With fine which may extend to five thousand rupees for the first offence and five times the fine for the second and subsequent offences. |
192-B. Abetment of offences. Whoever abets any offence punishable by or under this Act or attempts to commit any such offence shall be punished with the penalty provided by or under this Act for committing such offence.
192-C. Punishment under other laws not barred. Nothing in this Act shall prevent any person from being prosecuted and punished under any other law for the time being in force for any Act or omission made punishable by or under this Act:
Provided that no person shall be so prosecuted and punished for the same offence more than once.
192-D. Cognizance of Offences. Offences under this Chapter, shall be cognisable."
3. Repeal and savings.- (1) The Karnataka Land Revenue (Amendment) Ordinance, 2006 (Karnataka Ordinance 3 of 2006) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.