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Diversion of forest land to non-forest purposes with the prior concurrence of the Government of India

Sl No 1344
Circular Number No.11-33/87-FCDate 06/03/87

Section Land GrantsSubject Diversion of forest land to non-forest purposes with the prior concurrence of the Government of India, as required under the Forest (Conservation) Act 1980.

Body No.11-33/87-FCGovernment of IndiaMinistry of Environment and Forests(Dept. Of Environment Forests & Wildlife)B-Block, CGO Complex, Lodhi Road,New Delhi, Dated. The 3rd June 1987.

To:The Revenue Secretary/Forest SecretariesOf all States/Uts.Sir,

Sub: Diversion of forest land to non-forest purposes with the prior concurrence of the Government of India, as required under the Forest (Conservation) Act 1980.*******Some instances have been noticed in which forest land (equally some
Equally some land close to villages and variously named Patra Jungle, Zudpi junge etc.,) has been and is being diverted to non forest use without the prior concurrence of the Government of India as required under the Forest (Conservation) Act, 1980.2. It has been argued that the does not carry any forest and that the village Officials just recorded it as some sort of forest although the land was in every sense a revenue wasteland and that reclassification or re-naming of such lands with consequent correction of the land record was a matter entirely within the purview of the State Government. It has, therefore, been contended that the prior concurrence of the Government of India, it therefore, not essential.3. It is hereby clarified that since the land has been recorded as Forest (of whatever type), the diversion thereof to non-forest use without the prior concurrence of the Government of India is a breach of the Forest (Conservation) Act, 1980. It is requested that clear instruction may be issued to all the concerned officials so as to avoid difficulties at a later date.Yours faithfully,(Ranjit Sinha)Joint Secretary to the Government of India.


GOVERNMENT OF KARNATAKA
No. FFD 227 FGL 85.

Karnataka Government Secretariat,Multistoreyed Building,Bangalore, dated 29th June 1987.

FromSecretary to Government of Karnataka Animal Husbandary, Fisheries &Forest Department.

ToAll the Secretaries to Government.All the Divisional Commissioners.The prnicipal Chief Conservator of Forest, Bangalore.The Chief Conservator of Forests(GI), (Develt) Bangalore. All the Chief Secretaries of Zilla Parishath.The Director of Mines & Geology, Bangalore.All the Dy. Commissioners of Districts .

Sir,Sub: Diversion of forest land to non-forest purposes with thePrior concurrence of the government of India, as requiredUnder the Forest (Conservation) Act, 1980.Ref: Govt. Letter No. FFD 227 FGL 85 Dtd. 26-11-86.


---I am directed forward herewith a copy of the Government of India's letter No. 11-33/87-88 dated. 3-1-1987 from the Ministry of Environment and Forest, (Department of Environment Forests & Wildlife), New Delhi, on the above subject, for your information and further needful action.Yours faithfully,

(N. RADHA BAI)Under Secretary to Government,Animal Husbandary Fisheries & Forest Dept.

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XEROX COPIES PRODUCED TO BE VERIFIED BY OFFICIALS


Sl No 262
Circular Number RD 97 LGP 90Date 05/31/90
Section Land GrantsSubject Acceptance of Photostat copies of documents-Instructions-Reg.Body [97]RD 97 LGP 90 Dt. 31.5.90 (C)

Sub: Acceptance of Photostat copies of documents-Instructions-Reg.

It has come to the notice of Government, that the field level Officers coming under the control of Revenue Department, like Stamps and Registration Department, Survey Settlement and Land Records Department, Muzrai and wakf Department and other departments are accepting photostat copies of documents presented by the private parties and are taking important decisions, without verifying the originals to satisfy as to the authenticity of the document. Subsequent investigation has revealed that most of the documents were bogus and created by the parties. This practice is generally noticed in registering the Revenue Sites round about Bangalore City. This has to be stopped forthwith as otherwise parties would evade the legal provisions with impunity and also may result in heavy loss of the revenue to Government.It is, therefore, instructed that the photostat copies of the document is not a legal evidence and should not be accepted in any proceedings unless parties produce simultaneously the original thereof. The Officer accepting these documents satisfy himself after verifying the original as to the authnenticity and put a certificate to that effect on the photostat copy of the document. This procedure should be followed scruplously. Any lapse in following this procedure will be viewed seriously and make officer responsible for the misdeed.

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COURTESY FROM KARNATAKA REVENUE DEPARTMENT





How will the property of a Christian person be distributed after his/her death in case the person has not left a will?

In case a Christian dies without leaving a will, then the property would devolve according to the following rules (as contained in the Indian Succession Act): In case the deceased has left a widow or widower and lineal descendants (children, grandchildren of predeceased children and so on), then the widow or widower as the case maybe would take one third share and the other two thirds of the property would be divided amongst the lineal descendants. In case the person has left a widow or widower and kindred (i.e. mother, father, brothers, sisters or children of predeceases brothers and sisters), the widow or widower as the case maybe would take half the share and the other half would be divided amongst the kindred. If the person has left only a widow, then it will go to the widow and in the absence of any heirs, it will go to the Government.

Do the rules of succession apply even in case of joint family property?

In case of a Joint Hindu Family, such devolution will take place only when there is a female heir of Class I and not otherwise. In that case there is notional partition of the joint family property to that extent. In absence of a female heir, the property would devolve by survivorship according to Mitakshara law upon the coparceners.

In case a Hindu has not left a will, how is the property of a Hindu divided?

In case a Hindu does not leave a will, then the property of a Hindu would be divided as follows: The property shall first devolve to the following(not in equal proportions though); son, daughter, mother, children of predeceased children, widow of a predeceased son, children and widow of a predeceased son of a predeceased son. These heirs are called Class I heirs. In the absence of these heirs, the property would devolve on what is called Class II heirs. These are mentioned in the schedule of the Hindu Succession Act. These include father, children of predeceased children of a predeceased daughter amongst others. In absence of the Class II heirs, the property would devolve on the agnates i.e. people related wholly through male and in their absence on cognates i.e. people not wholly related through the males.

Arable lands kept fallow – taking over by Government. NEEDS IMPLEMENTATION TO INCREASE FOOD PRODUCTION



Sl No 588


Circular Number RD 358 LRM 75

Date 12/15/75

Section Land Reforms

Subject Arable lands kept fallow – taking over by Government.

Body GOVERNMENT OF KARNATAKA

NO. RD 358 LRM 75 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated:15th December 1975.
CIRCULAR

Sub: Arable lands kept fallow – taking over by Government.

- - -
It is the intention of Government that no arable land should be left fallow by farmers. This policy of the Government has already been enshrined in the existing provisions of the Land Grant Rules and the Land Reforms Act and Rules.

Under the Land Grant Rules, Government lands are granted to eligible agriculturists for cultivation with the condition that the grantee should being the land under cultivation within Deputy Commissioner may extend this time upto 5 years if he is satisfied that the grantee could not do so for bonafide reasons. For any contravention of the above condition, the grant is liable to be cancelled and the land resumed to Government free from all encumbrances.

Under the Land Reforms Act 1961 (as amended), Sections 84 and 85 empower the Assistant Commissioner having jurisdiction over any area to take over the lands which are left uncultivated for over two consecutive years and lease them to others for a period not exceeding 5 years.

Under Section 60 of the Karnataka Land Reforms Act, the lands whose occupancy rights have been registered in the name of a tenant should be resumed to Government and disposed of in accordance with the provision of Section 77 of the Land Reforms Act, if the tenant fails to cultivate the land personally for three consecutive years. There is a similar provision under Rule 26 of the Karnataka Land Reforms Rules in respect of the grantees of the surplus lands.

The above provisions are brought to the notice of all the Assistant Commissioners/Tahsildars and they are requested to take immediate action wherever necessary in accordance with the above provisions. They must ensure that no arable land is left fallow.


(B.M. Nagaraj)
Asst. Spl. Officer for L.R. & Ex-officio,
Under Secy. to Govt. Rev. Dept.






RECORDS WHICH THE VILLAGE ACCOUNTANT TO MAINTAIN



Following are the records which the Village Accountant is required to maintain: -

i) Register of Lands of Khetwar Patrika and its Abstract.
ii) Record of Rights, Tenancy and Crop Inspector Register (R.T.C) (Form 16).
iii) Khata (Ledger) (Form 24).
iv) Khirdi (Day Book) (Form 25).
v) Receipt Book (Form 36).
vi) Subsidiary Register showing the Demand and Collections of Land Revenue, Misc.Revenue. Cassess, etc.
vii) Monthly D.C.B. Statement.
viii) Register of Other Fixed Revenue.
ix) Takrar Taktha or Takrar Faisal Patrika.
x) Maintenance of Boundary Marks Register.
xi) Mutation Register (Record of Rights) (Form 12)
xii) Disputed Cases Register (Record of Rights) (Form 8)
xiii) Coercive Process Register.
xiv) Jamband Kammi-Jasthi-Goshwar, i.e. General Abstract of Lands and Revenue.
xv) Miscellaneous Papers :-
a) Register of grant of Certified Copies.
b) Fasal Goshwar (Crop Abstract).
c) Banjar Taktha (Government Waste Lands).
d) Kulwar Paki Patties under different items of Revenue.
e) Village Vital Statistics.

NORMS TO BE FOLLOWED IN RECEIVING AND DISPOSING OF REPRESENTATIONS BY REVENUE AUTHORITIES



i) All anonymous complaints should be rejected and destroyed. However, if the complaint is specific and gives details which are verifiable, the matter should be verified.

ii) Complaints in regard to matters which are not pending for more than 6 months, should not, normally, be entertained.

iii) Representation on cases where provisions is available for appeal or revision, cases of allegations of corruption which require action by palekayukta, cases pending in Court should not be entertained.

iv) The petition qualifies to be taken as a grievance, only after the petitioner has earlier sought relief from the local officer concerned and his request has not received adequate or any attention whatever.

v) The tendency to push down a paper to the next subordinate authority should be discouraged. Appropriate action on the representation received should be taken as far as possible, with reference to the information that is available in the office, where representation is received. In case the required information is not readily available, only such information as is required to dispose of the petition should be obtained from subordinate office within a fixed time.




Incorporation of conversion orders and Land Tribunal orders to RTC



Sl No 1801


Circular Number RD 28 MRR 2001

Date 07/17/2002

Section RTC

Subject Incorporation of conversion orders and Land Tribunal orders to Bhoomi - reg.

Body GOVERNMENT OF KARNATAKA

No. RD 28 MRR 2001 Karnataka Government Secretariat,
M.S.Building,
Bangalore, dated: 17th July 2002.
CIRCULAR

Sub: Incorporation of conversion orders and Land
Tribunal orders to Bhoomi – reg.

It has been reported to Government that in many cases, conversion orders issued by revenue authorities are not being entered on Bhoomi and the citizens are being forced to move formal applications for making conversion entries on the Bhoomi system. Similarly as and when Land Tribunal orders are passed, same are not being entered on Bhoomi system.

The Deputy Commissioners are advised to immediately direct all their Tahsildars to incorporate conversion orders and Land Tribunal orders on to Bhoomi as and when they are passed by concerned authorities. Under no circumstances citizens should be forced to give applications for making conversion or Land Tribunal entries.
This Circular is also available at the Revenue Department Internet site

http://www.revdept.kar.nic.in.

(RAJEEV CHAWLA)
Additional Secretary to Government
Revenue Department (Land Reforms)

To,
All Deputy Commissioners.




KARNATAKA LAND LAWS

CASE LAW ON LAND LAWS