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Government of Karnataka

No. RD MUNOMU 2000. Karnataka Government Secretariat 2,

M.S. Building,

Bangalore, dated: 04-09-2001

NOTIFICATION

In exercise of the powers conferred by section 78 of the Registration Act,

1908 (Central Act 16 of 1908) Government of Karnataka hereby amends the

Notification No. RD 403 ESR 84, dated: 7.5.86 and fixes the fee with effect

2000 as follows:

In Article (XXXIV) after item 148, the following shall be inserted, namely:-

148A For registration of instruments, excepts sale deedsexecuted by or in favour of industries engaged in

information technology, and State Government, State

Government Agencies like Karnataka Small Scale

Industries Development Corporation, Karnataka

Industrial Area Development Board, KEONICS< etc.,

financial institutions like K.S.F.C., I.C.I.C.I., I.F.C.I.,

Commercial Banks, Regional Rural banks, Co-operative

Banks, Khadi and Village Industries Board, Khadi and

Village Industriees Commission for getting financial

assistance for setting up, expansion, diversification andmodernization of Tiny and Small scale Industries in I.T.

in any part of Karnataka which has been declared in

Notification / Order No. CI 167 SPI 2001, Dated: 30-6-

2001, existing Industry in the Information Technology

Sector.

RupeesOne

Thousand

148 For registration of sale deed, lease cum sale deed of land Fifty


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AA (with or without building) executed by those other than

KSSIDC, KIADB and KEONICS in favour of industries

engaged in information technology who create

employment of more than two hundred and fifty persons

in Bangalore and one hundred in other areas during first

year of establishment. This concession of registration

charges is also applicable to the existing I.T. Companies

expansion and modernization as well as creatingadditional employment.

Note: This concession is permissible on production of

certificate issued by director of information technology

or authorized officer by him in the Annexure II

appended to this notification.

percent

148A

AA

For registration of sale deed of land (with or without

building) to establish Information Technology Park inany part of Karnataka.

Note: This concession is permissible on production

Of Certificate issued by the Director of Information

Technology or authorized officer by him in the Annexure

appended to this Notification.

Fifty

percent

By Order and inthe name of the Governor of

Karnataka

(Siddaramaiah)

Deputy Secretary to

government


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1. All Registration Authorities of the State & Under Valuation registrars

for Information and neccessary actions.

2. All Deputy Registrar for Information and neccessary actions

3. Audit section and Circular file

Sd/-

Assistant Inspector General of

Registration (audit)Bangalore


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Annexure 1

Certificate for claiming exemption/concession of stamp duty/registration fee

M/s. represented by its owner/managing

director/director Shri/Smt. is recognized as

industry engaged in information technology in manufacture / development of It comes under the definition of small / tiny industry

as defined under industry policy of the Government vide GO. No. CI 167

SPI 2001, dated: 30-04-2001.

Director of Information

Technology /Authorised Officer

Annexure 2




industry engaged in information technology in manufacture / development of

Director of Information Technology/Authorised Officer

Annexure 3



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industry engaged in information technology in manufacture / development of

Director of Information Technology

/Authorised


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No. RD MUNOMU 2000 (1). Karnataka Government Secretariat 2,

M.S. Building,


NOTIFICATION

In exercise of the powers conferred by third proviso to clause (a) of sub-

section (1) of section 9 of the Karnataka Stamp Act, 1957 (Karnataka Act 34

of 1957), the Government of Karnataka being of the opinion that it is

necessary in the public interest so to do, hereby remits the duties chargeable

under the said Act, in respect of instruments, except sale deed, executed by

or infavour of industries engaged in Information Technology and State

Government agencies namely, the Karnataka State small Scale Industries

Development Corporation, the Karnataka Industrial Areas DevelopmentBoard and Keonics etc., and recognized financial institutions like K.S.F.C.,

k.S.I.I.D.C., S.I.D.B.I., I.C.I.C.I., I.D.B.I., I.F.C.I., Commercial banks,

regional Rural Bank, Co-operative Bank, Industrial Co-operative bank,

D.C.C. bank, P.C.A.R.D. Bank, Urban Co-operative Bank, Khadi and

Village Industries commission for getting financial assistance for take up

expansion, diversification & modernization of Tiny and Small scale

Industries in I.T. in any part of Karnataka which has been declared in

Notification / Order No. CI 167 SPI 2001, Dated: 30-6-2001.

By Order and in the name of

the Governor of Karnataka

(Siddaramaiah)

Deputy Secretary to

government


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Revenue Department

(Stamps & Registration)

To: The Compiler, Karnataka Gazette with a request to publish in theGazette and send 500 copies to Revenue Department.

Copy:

8. The Accountant General (Audit & Account), Bangalore.

9. The Principal SecretarTy to Govt., Finance Department.

10.The Principal Secretary to Govt., Commerce & Industries

Department.

11.The Inspector General of Registration & Commissioner of Stamps,

Cauvery Bhavan, Bangalore.12.The Director, Information Technology Department, Bangalore.

13.All the Districts Registrars of the Department of Stamps &

Registration.

14.SGF/Spare copies.

Memorandum

Copy to:






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Registration (administration)

Bangalore


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Annexure

(GOVERNMENT ORDER No. RD 282 MUNOMU 2000 (1)

dated: 04-09-2001)

Certificate for claiming exemption of stamp duty and concession onregistration fee in respect of instruments other than Sale deed for expansion,

diversification & modernization of Tiny & Small scale industries engaged in

information technology.


director/director Shri. is recognized as

information technology industry engaged in and eligible

for exemption from payment of Stamp duty & concessional registration

charges in terms of G.O. No. RD 282 MUNOMU 2000, dated: 04-09-2001.




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M.S. Building,

Bangalore, dated: 40-09-

2001

NOTIFICATION

In exercise of the powers conferred by third proviso to clause (a) of sub-

section (1) of section 9 of the Karnataka Stamp Act, 1957 (Karnataka Act 34

of 1957), the Government of Karnataka being of the opinion that it is

necessary in the public interest so to do, hereby reduce the duties chargeable

under the said Act, by fifteen percent in respect of sale deed and lease cum

sale deed of land (with or without building) executed by those; other than

KSSIDC, KIADB and KEONICS etc in favour of Industries engaged inInformation Technology in any part of the Karnataka provided such

companies should create employment of more than 250 in Bangalore and

100 in other areas. This concession is also applicable to the existing IT

Companies expanding or modernizing as well as creating additional

employment. This concession is permissible on production of certificate, in

the Annexure appended to this notification, from the Director of Information

technology or any officer authorized by him to the effect that the

Department of Information Technology recognizes such Industry.



(Siddaramaiah)

Deputy Secretary to

government


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Revenue Department


To: The Compiler, Karnataka Gazette with a request to publish in the

Gazette and send 500 copies to Revenue Department.

Copy:

15.The Accountant General (Audit & Account), Bangalore.

16.The Principal SecretarTy to Govt., Finance Department.

17.The Principal Secretary to Govt., Commerce & Industries

Department.


Cauvery Bhavan, Bangalore.

19.The Director, Information Technology Department, Bangalore.


Registration.21.SGF/Spare copies

No. STP 84:2001-02 Inspector General of Registration &

Commissioner of Stamps Office

Cauvery Bhavan

Bangalore 560 009

Dated: 18-09-2001

Memorandum

Copy to:


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Registration (administration)Bangalore

Annexure

(GOVERNMENT ORDER No. RD 282 MUNOMU 2000 (1) dated: 04-

09-2001)

Certificate for claiming concession of stamp duty / registration fee forsetting up, expansion, diversification & modernization of industry engaged

in information technology


director/director Shri/Smt.. is recognized as

information technology industry engaged in and eligible

for exemption from payment of Stamp duty & concessional registration

charges in terms of G.O. No. RD 282 MUNOMU 2000, dated: 04-09-2001.




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M.S. Building,


NOTIFICATION

In exercise of the powers conferred by clause (a) of sub-section (1) of

section 9 of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957), the

Government of Karnataka being of the opinion that it is necessary in the

public interest so to do, hereby remit the duties chargeable under the said

Act, to the extent of fifteen percent, in respect of sale deed, lease cum sale

deed of land (with or without building) to establish Information Technology

Park in any part of Karnataka. This concession is permissible on production

of certificate, in the Annexure appended to this notification, from theDirector of Information technology or any officer authorized by him in the

Annexure appended to this notification.



(Siddaramaiah)

Deputy Secretary togovernment

Revenue Department



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To: The Compiler, Karnataka Gazette with a request to publish in the

Gazette and send 500 copies to Revenue Department.

Copy:

22.The Accountant General (Audit & Account), Bangalore.

23.The Principal Secretary to Govt., Finance Department.

24.The Principal Secretary to Govt., Commerce & IndustriesDepartment.


Cauvery Bhavan, Bangalore.

26.The Director, Information Technology Department, Bangalore.


Registration.

28.SGF/Spare copies

No. STP 84:2001-02 Inspector General of Registration &

Commissioner of Stamps office

Cauvery Bhavan

Bangalore 560 009

Dated: 18-09-2001

Memorandum

Copy to:


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10.All Registration Authorities of the State & Under Valuation registrars


11.All Deputy Registrar for Information and neccessary actions

12.Audit section and Circular file


Registration (administration)Bangalore

Annexure

(GOVERNMENT ORDER No. RD 282 MUNOMU 2000 (3) dated: 04-

09-2001)

Certificate for claiming concession of stamp duty / registration fee for

setting up, expansion, diversification & modernization of industry engaged

in information technology


director/director Shri/Smt.. is recognized as

I.T. Industry to establish Information Technology Part at It is eligible 50% exemption from payment of Stamp

duty & concessional registration charges in terms of G.O. No. RD 282

MUNOMU 2000, dated: 04-09-2001.


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1964: KAR. ACT 12] Land Revenue 503 1[(b) x x x]11. Omitted by Act 33 of 1994 w.e.f. 6.7.1994.

(c) the trees, if any, standing on the land granted and the granite in suchland shall continue to belong to the Government, which may at its discretionbe disposed off by it, in such manner as it may deem fit.]1

1[94B. Grant of land in certain cases.(1) Notwithstanding anythingcontained in this Act, if the Deputy Commissioner or other officer authorisedby the State Government in this behalf is satisfied after holding such enquiry

as he deems fit, that a person,-1. Section 94B inserted by Act 22 of 1998 w.e.f. 1.11.1998 by notification. Text of the notification is atthe end of the Act.

(i) has, prior to the fourteenth day of April 1990 un-authorisedly occupied anyland including land referred to in sub-section (2) of section 79 fromwhich he is liable to be evicted under section 94; and

(ii) being eligible to grant of such land under section 94A has failed to applyfor such grant under sub-section (4) of the said section within the periodspecified therein; and

Provided that nothing in this clause shall apply to a person who has becomeeligible for grant of land by virtue of the Karnataka Land Revenue(Amendment) Act, 1997;

(iii) has continued to be in actual possession of such land on the date ofcommencement of the Karnataka Land Revenue (Amendment) Act,1997:

-he may 1[2[within six years]2 from the date of commencement of theKarnataka Land Revenue (Amendment) Act, 2000]1 and subject to such rules,as may be prescribed make recommendations to the Committee or theAdditional Committee, as the case may be constituted under section 94A andsuch Committee may on receipt of the recommendation grant the land tosuch person:1. Substituted by Act 15 of 2000 w.e.f. 27.4.2000.

2. Substituted by Act 29 of 2005 w.e.f. 20.9.2005.

Provided that if an application made under section 94A by any other person for

grant of the same land is pending consideration under that section the Committee, orthe Additional Committee, as the case may be, shall consider the claim of such otherperson before granting the land under this sub-section: Land Revenue [1964: KAR.ACT 12 504

Provided further that where prior approval of the Central Governmentunder section 2 of the Forest Conservation Act, 1980 (Central Act 69 of 1980)is required for grant of any land under this section, such grant shall not bemade without such prior approval.


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(2) The provisions of the first proviso, second proviso, including the tableand the Explanation in sub-section (4) and of sub-sections (5) and (6) ofsection 94A shall apply mutatis mutandis in respect of the grant of land madeunder sub-section (1).

(3) Nothing in this section shall apply to forest land except any landreferred to in sub-section (2) of section 79 which is classified as forest land.]1

1[94C. Grant of land in case of construction of dwelling house inoccupied land.- Notwithstanding anything contained in this Act and except

as hereinafter provided in this section the prescribed authority, if satisfiedafter holding such enquiry as it deems fit that any person is in unauthorisedoccupation of any land belonging to the Government and has constructed adwelling house on such land, since prior to the fourteenth day of April, 1998may on an application made to it by such person within such period in suchform along with such fee and on payment of such amount, as may beprescribed grant in such manner and subject to such restriction andconditions as may be prescribed such land to the extent covered by thehouse to be specified in the order of grant:

Provided that nothing in this section shall apply to forest land:

Provided further that nothing in this section shall apply to anyunauthorised construction made on Government land and in respect of which

application is made under the Karnataka Regularisation of UnauthorisedConstructions in Urban Areas Act, 1991.]1

1. Inserted by Act 26 of 1999 w.e.f. 1.1.2000 by notification. Text of the notification is at the end of theAct.

95. Uses of agricultural land and the procedure for use ofagricultural land for other purpose.(1) Subject to any law for the timebeing in force regarding erection of buildings or construction of wells ortanks, an occupant of land assessed or held for the purpose of agriculture isentitled by himself, his servants, tenants, agents, or other legalrepresentatives, to erect farm buildings, construct wells or tanks, or makeany other improvements thereon for the better cultivation of the land or itsmore convenient use for the purpose aforesaid. 1964: KAR. ACT 12] Land

Revenue 505

(2) If any occupant of land assessed or held for the purpose of agriculturewishes to divert such land or any part thereof to any other purpose, he shall1[notwithstanding anything contained in any law for the time being in force]1apply for permission to the Deputy Commissioner who may, subject to theprovisions of this section and the rules made under this Act, refusepermission or grant it on such conditions as he may think fit.

1. Inserted by Act 2 of 1991 w.e.f. 15.1.1965.


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1[Provided that the Deputy Commissioner shall not refuse permission fordiversion of such land included in the 2[Master Plan]2 published under theKarnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963),if such diversion is in accordance with the purpose of land use specified inrespect of the land in such plan.]1



1[2[Provided further that]2 in Dakshina Kannada District, subject to any lawfor the time being in force regarding erection of buildings or the construction

of wells or tanks, an occupant of 2[dry (punja) land, wet land or garden land]2who is not,

(a) a person registered or liable to be registered as an occupant of suchland under section 48A of the Karnataka Land Reforms Act, 1961 (KarnatakaAct 10 of 1962); or

(b) a grantee of such land under section 77 of the said Act, may, withoutobtaining the permission required under this sub-section and notwithstandinganything contained therein, divert such land or part thereof to any otherpurpose after sending a prior notice in that behalf, in the prescribed form tothe Tahsildar and paying in the prescribed manner, the fine prescribed undersub-section (7).]1



(3) Permission to divert may be refused by the Deputy Commissioner onthe ground 1[that the diversion is likely to defeat the provisions of any law forthe time being in force or that it is likely to cause a public nuisance]1 or that itis not in the interests of the general public or that the occupant is unable orunwilling to comply with the conditions that may be imposed under sub-section (4).


1[(3A) xxx]1

1. Omitted by Act 1 of 2005 w.e.f. 14.2.2005. Land Revenue [1964: KAR. ACT 12 506

2.1[(3B) xxx]1

1. Omitted by Act 1 of 2005 w.e.f. 14.2.2005.(4) Conditions may be imposed on diversion in order to secure the health,

safety and convenience, and in the case of land which is to be used asbuilding sites, in order to secure in addition that the dimensions,arrangement and accessibility of the sites are adequate for the health andconvenience of occupiers or are suitable to the locality and do not contravenethe provisions of any law relating to town and country planning or theerection of buildings.

(5) Where the Deputy Commissioner fails to inform the applicant of hisdecision on the application made under sub-section (2) within a period of four


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months, from the date of receipt of the application, the permission applied forshall be deemed to have been granted.

(6) Unless the Deputy Commissioner shall, in any particular instanceotherwise direct, no application under sub-section (2) shall be recognisedunless it is made by the occupant.

1[(6a) In Dakshina Kannada District, Kodagu District, and Kollegal Taluk ofMysore District where any land assessed or held for purposes of agriculturehas been diverted or used for any other purposes, before the date of

commencement of the Karnataka Land Revenue (Amendment) Act, 1981, theland so used together with the land appurtenant to any building (other than afarm house) therein, not exceeding three times the built area of suchbuilding, shall with effect from such date be deemed to have been permittedto be used for purposes other than agriculture.]1


1[(7) When any land assessed or held for the purpose of agriculture ispermitted under sub-section (2) 2[or is diverted under the 3[provisos]3 to thesaid sub-section]2 or is deemed to have been permitted under sub-section (5)or sub-section (6a), to be used for any purpose unconnected with agriculture,the Deputy Commissioner may, subject to such rules as may be made by theState Government in this behalf, require the payment of a fine. No

assessment shall be leviable on such land thereafter except under sub-section (2) of section 83.

Explanation.For the purpose of this section, occupant includes amulgeni tenant or a permanent tenant.]1



3. Substituted by Act 2 of 1991 w.e.f. 20.3.1991. 1964: KAR. ACT 12] Land Revenue 507

96. Penalty for using agricultural land for other purpose withoutpermission.(1) If any land assessed or held for the purpose of agriculturebe diverted or used for any other purpose without the permission of theDeputy Commissioner, or before the expiry of the period prescribed in sub-

section (5) of section 95, the Deputy Commissioner may summarily evict theoccupant and the person responsible for the diversion from the land sodiverted and any building or other construction erected thereon shall also, ifnot removed after such written notice as the Deputy Commissioner maydeem reasonable, be liable to forfeiture or to summary removal. Theoccupant and the person responsible for the diversion shall also be liable topay, such penalty not exceeding one thousand rupees as the DeputyCommissioner may, subject to the rules made by the State Government inthis behalf, direct.


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(2) If any land assessed or held for the purpose of agriculture has beendiverted for any other purpose in contravention of an order passed or of acondition imposed under section 95, the Deputy Commissioner may serve anotice on the person responsible for such contravention directing him, withina reasonable period to be stated in the notice, to use the land for its originalpurpose or to observe the condition; and such notice may require suchperson to remove any structure, to fill up any excavation or to take suchother steps as may be required in order that the land may be used for itsoriginal purpose, or that the condition may be satisfied. Subject to the orders

of the State Government, the Deputy Commissioner may also impose on suchperson a penalty not exceeding one thousand rupees for such contraventionand a further penalty not exceeding twenty-five rupees for each day duringwhich such contravention continues.

(3) If any person served with a notice under sub-section (2) fails within theperiod stated in the notice to take steps ordered by the Deputy Commissionerunder that sub-section, the Deputy Commissioner may himself take suchsteps or cause them to be taken; and any cost incurred in so doing shall berecoverable from such person in the same manner as an arrear of landrevenue.

1[(4) Notwithstanding anything contained in this section, when any land

assessed or held for the purpose of agriculture has been diverted or used forany other purpose without the permission of the Deputy Commissioner orbefore the expiry of the period prescribed in sub-section (5) of section 95 or

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