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Constitution, and Powers of Revenue Officers under Karnataka Land Revenue Act, 1964
962 words • 6 min • August 17, 2024

Introduction

The Karnataka Land Revenue Act, 1964 is a state law in Karnataka, India, that regulates the revenue administration of the state. Its objective is to provide a comprehensive framework for the assessment and collection of land revenue, the maintenance of records of rights, and the settlement of land. The act provides for the definition of key terms, the assessment of land revenue, the maintenance of records of rights, the survey and settlement of land, the classification of land, the collection of land revenue, the powers of the Revenue Officer, the right of appeal and revision, and the imposition of penalties for non-compliance with its provisions. The act aims to ensure the efficient and fair administration of the revenue system in Karnataka and to provide clarity and certainty in the management of land and revenue.

Constitution of Revenue Officers:

  1. Regional Commissioner (Sec.7)
  2. Deputy Commissioner (Sec.8)
  3. Special Deputy Commissioner (Sec.9)
  4. Assistant Commissioner (Sec.10)
  5. Tahsildars (Sec.11)
  6. Special Tahsildars (Sec.12)
  7. Revenue Inspectors (Sec.15)
  8. Village Accountant (Sec.16)
  9. Survey Officers (Sec.18)
  10. Other officers

1. Regional Commissioner(Sec.7)

The State is divided into several regions. Such regions are headed by a Regional Commissioner. The State Govt. is empowered to appoint the Regional Commissioner for each region who is the Chief Revenue Officer in the region and exercises powers of superintendence and control within the region over all officers subordinate to him. The Regional Commissioner exercises the powers and discharge duties conferred and imposed on him or under the Act and also by the State Govt.

2. Deputy Commissioner(Sec.8)

The Deputy Commissioner is appointed by the State Govt. to administer the district. He is subordinate to the Regional Commissioner. He is also empowered to exercise the powers and duties of the Assistant Commissioner.

3. Special Deputy Commissioner(Sec.9)

The State Govt. is empowered to appoint a Special Deputy Commissioner if it feels expedient to do so for the required period of time in addition to the Deputy Commissioner. The Special Deputy Commissioner is subordinate to the Regional Commissioner.

4. Assistant Commissioner(Sec.10)

The State Govt. appoints an Assistant Commissioner to be in-charge of one or more taluks called a Revenue Sub-division and he will be exercising and performing duties conferred on him under the Act or any other Law and also the powers and duties of the Deputy Commissioner under the Act.

5. Tahsildars(Sec.11)

The Tahsildar is the chief officer entrusted with the land revenue administration of the Taluk. The Tahsildar is subordinate to the Assistant Commissioner in-charge of the Taluk. He also has the power to depute any of his subordinates to perform any portion of his ministerial duties.

6. Special Tahsildars(Sec.12)

The Special Tahsildar is appointed for the Taluk in addition to the Tahsildar and exercises and performs those of the Tahsildar in the Taluk under the Act and any other law as the State Govt. directs. The Special Tahsildar is subordinate to the Tahsildar.

7. Revenue Inspectors(Sec.15)

The Deputy Commissioner appoints the Revenue Inspector for a Circle of a Taluk, subject to the general orders of the Regional Commissioner and State Govt. The Revenue Inspector performs all the duties prescribed under the Act or any other law.

8. Village Accountant(Sec.16)

The Village Accountant has the responsibility of keeping the registers, accounts and other records and also to prepare all records connected with the affairs of the village, which are required either for the use of the Central or the State Government or the public such as public notices, reports, mahazars and depositions.

9. Survey Officers(Sec.18)

For the purposes of survey, assessments and settlements of land of land revenue and settlements of boundaries and connected matters provided for in the Act. The Govt. is empowered to appoint survey officers like Director of Survey Settlement and Land Records, Joint Director of Land Records, Joint Director of Settlement, Assistant Director for Settlement, Assistant Director of Land Records, Settlement Officers, and Assistant Settlement Officers.

10. Other officers

The State Govt. is empowered to appoint such other officers and invest with such powers as may be necessary to give effect to the provisions of the Act.

Powers of Revenue Officers:

  1. Power to transfer cases (Section 27)- The Regional Commissioner has the power to transfer any class of case arising under the Act from any revenue officer to any other revenue officer competent to deal with it in the same District or any other District in the same region if an application is made to him and also if he opines that it is expedient to do so for the purposes of the ends of justice. Similarly the Deputy Commissioner has the power to transfer any case or class of cases arising under the Act for the sake of inquiry or decision from his own file or from the file of any other Revenue Officer subordinate to him to any other Revenue Officer subordinate to him and who is competent to deal with it.
  2. Power to give summons (Section 28)- Every Revenue Officer not below the rank of the Tahsildar has the power to take evidence on oath and to summon any person whose attendance he considers necessary either to be examined as a party or to give evidence as a witness or to produce documents for the purpose of any inquiry. Such an officer is empowered to conduct the inquiry, and the summoned person is bound to attend either in person or by an authorized agent.
  3. Power to compel attendance of witnesses (Section 32): If any person fails to comply with the summons to attend as witness or to produce any document, the officer is empowered to issue a bailable warrant of arrest; order him to furnish security for appearance or impose fine upon him a fine not exceeding twenty rupees. In case if the person whose evidence is required is unable to personally appear due to sickness or infirmity, the officer either of his own motion or on the application of such party can exempt him from personal appearance.
  4. Power to enter upon land (Section 38)- Any Revenue Officer and his servants and workmen while under his observation and control have the power to enter any land or premises belonging to the State Govt. or to any other person for the purposes of measurement, fixing or inspecting boundaries, classification of soil or assessment or for any other purpose connected with the lawful exercise of his office under the Act or any other law relating to land revenue But to enter any building used as a dwelling house or upon any enclosed Court or garden attached to a dwelling house, the consent of the occupier must be obtained by giving 7 days prior notice.
  5. Power of eviction (Section 39)- The Deputy Commissioner has the power to evict any person who is wrongfully in possession of land or where any order to deliver possession of land has been passed against any person under the Act by serving notice on the person.

Modes of Inquiry

  1. Formal inquiry: In this type of inquiry to determine any question under KLR Act, 1964 or any other law, the officer himself or somebody in his presence and under his personal superintendence and direction (in case if such officer is under any disability) should take down evidence either in Kannada or English or any other language as may be prescribed by the State Govt. for use in the District. Such evidence must be signed by the officer conducting the inquiry. Every decision or order after formal inquiry shall contain full statement of grounds and a certificate has to be attached in this regard
  2. Summary inquiry: In summary inquiry the officer conducting such inquiry shall record in his own hand, either in Kannada or English or in any other language of the Taluk or village, the summary of the evidence and minutes of the proceedings containing material averment made by the parties interested and also the decision and the reasons for the same.

Hearings

Every hearing whether in a formal or summary enquiry shall be in public and the parties or their recognised agents should be given due notice to attend. The order passed after hearing should be signed and pronounced in open Court on the day which has been notified to the parties or their recognised agents.

In case where neither the parties nor their recognized agents are present in the Court when the order is pronounced the substance of the order containing the decision should be sent to such party or recognized agent

Where the party fails to appear in the proceedings despite due notice of the same the proceedings should be held in his absence or dismissed for default and when once such an order has been made the party can apply for getting that order set aside by furnishing any sufficient cause.