Keyword(s):
Ceiling Area, Co-Operative Society, Co-Operative Farm, To Cultivate
Personally, Joint Family, Landless Person, Landlord, Land Revenue, Limited
Owner, Permanent Tenant, Plantation Crops, Rent, Scheduled Castes,
Scheduled Tribes, Small Holder, Stridhana Land, Tahsildar, Tenancy, Village
Amendments appended: 22 of 2001, 20 of 2003, 34 of 2003, 18 of 2004, 7 of
2005, 17 of 2005, 35 of 2010, 27 of 2014, 33 of 2015

STATEMENT OF OBJECTS AND REASONS
Act 10 of 1962.—The Bill has been prepared with a view to introducing a
common law relating to tenancy and other allied matters throughout the new State
1962: KAR. ACT 10] Land Reforms 7
of Mysore in replacement of the following Acts which are in force in the several
areas:—

  1. The Bombay Tenancy and Agricultural Lands Act, 1948, as in force in the
    Bombay Area;
  2. The Hyderabad Tenancy and Agricultural Lands Act, 1950, as in force in the
    Hyderabad Area;
  3. The Mysore Tenancy Act, 1952, as in force in the Mysore Area, including
    Bellary District;
  4. (a) The Madras Cultivating Tenants Protection Act, 1955;
    (b) The Madras Cultivating Tenants (Payment of Fair Rent Act), 1956 as in
    force in South Kanara and Kollegal Taluk;
  5. The Coorg Tenants Act, 1957, as in force in the Coorg District.
    The Bill is generally modelled on the recommendations of the Mysore Tenancy
    and Agricultural Land Laws Committee constituted in May 1957, with some changes
    in the light of the opinion expressed in the Legislature and the suggestions of the
    Central Committee on Land Reforms constituted by the Planning Commission.
    The main features of the Bill are—
    (1) In future, leases will be permitted only in respect of lands held by persons
    suffering from some disability or persons serving in the Armed Forces or persons
    whose holding does not exceed a basic holding;
    (2) In respect of lands leased out at the commencement of the Act, the right of
    resumption is generally regulated such that a tenant is left with a part of the holding,
    except where the land leased out is itself less than a basic holding and cannot be
    sub-divided;
    (3) The rate of rent will be one-fourth of the gross produce in the case of irrigated
    lands and one-fifth of the gross produce in the case of other lands subject to the
    condition that the existing rents are not liable to enhancement;
    (4) The extent of land which a land-owner cannot resume for personal cultivation
    will vest in Government on a notified date and the tenants who are actually
    cultivating such lands will be given occupancy rights subject to payment of fifteen
    times the rent minus land revenue, which amount will be paid to the owner as
    compensation;
    (5) For regulating the rights of resumption and other all matters, the family
    holding is defined as the holding giving a income of Rs. 1,200 per annum; and
    8 Land Reforms [1962: KAR. ACT 10
    (6) The ceiling limit to land holdings will be three fan holdings. Existing holdings
    under personal cultivation which are managed according to prescribed standards
    and existing plantation including coconut and areca plantations will be exempted
    from ceiling.
    (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 29th
    November, 1958, as No. 174, at p. 78.)
    II
    Amending Act No. 14 of 1965.—It is considered necessary to make certain
    amendments as suggested by the Government of India, to the Mysore Land
    Reforms Act, 1961, before the Act is brought into force. Hence the Bill. The more
    important amendments are the following:—
    (1) Transfers made after the passing of the Mysore Land Reforms Bill, 1961 by
    the State Legislature, i.e., 18th November 1961, will be disregarded both for
    purposes of determining the extent of land for resumption as also for determining
    the ceiling area.
    (2) In respect of the right of resumption, the rights of landlords to resume land
    will be limited in the Bombay Area to cases in which notices have been given within
    the prescribed period under the Bombay Tenancy and Agricultural Lands Act, 1948,
    and in the Hyderabad Area to cases in which declarations have been made within
    the prescribed period under the Hyderabad Tenancy and Agricultural Lands Act,
    1950, and the extent of land resumable will be determined in accordance with the
    aforesaid Acts.
    (3) As regards restoration of possession to a tenant dispossessed from land held
    by him, the requirements that he should have held the land for a period of six
    consecutive years before the 10th day of September 1961 will be deleted, in order
    to enable tenants who may not satisfy this requirement to get possession restored.
    (4) Social provisions made in favour of the members of the Armed Forces of the
    Union area made applicable to personnel of the Merchant Navy, and in the case of
    any member of the Armed Forces of the Union who dies while engaged in
    operations for the defence of India such member’s spouse, child and grand child
    dependant upon such member will also be governed by such special provisions.
    (5) As regardes surrenders to which section 25 of the Act is applicable, provision
    is made that the landlord will be permitted to accept surrenders only to the extent to
    which he could have resumed the land, the excess land being treated as surplus
    land.

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