THE KARNATAKA MULGENI ABOLITION AND CONFERMENT OF OWNERSHIP ON MULGENI TENANTS BILL, 2010
A Bill to provide for abolition of mulgeni and conferring ownership on mulagenidars and volamulagenidars and other matters connected therewith or incidental thereto;
Whereas some types of mulgeni leases in respect of non-agricultural lands mainly house sites are prevailing in Dakshina Kannada and Udupi districts;
Whereas, for various reasons the mulgar’s or inter nediary’s right to recover possession being a remote possibility, their only right is to receive annual rent;
Whereas mulgenidars and volamulgenidars have invested huge amounts by putting up structures, either residential or commercial and they are unable to enjoy the holding to its full extent, on account of reluctance of mulgar or intermediary to give consent for putting up structures or alienation of interest of mulgenidars and volamulgenidars;
Whereas the prevailing system of mulgeni lease is neither advantageous to mulgenidars and volamulgenidars nor really beneficial to mulgars or intermediary, but on the other hand differences between the two had given rise to speculative transactions by unscrupulous persons and spate of litigation thereby causing further difficulty to mulgenidars and volamulgenidars .
Whereas abolition of mulgeni and conferring – ownership on mulgenidars and volamulagendiars on their paying certain amount to mulgars or intermediary in respect of extinguishments of their rights and interest in the holdings will put an end to multiplicity of litigation and eliminate scope for vested interests to indulge in speculative transactions and thus benefit muglars and volamulgenidars;
And whereas for the purposes hereinbefore stated, it is expedient in the public interest to provide for abolition of mulgeni and conferring ownership on mulgenidars and volamulgeidars and for matters connected therewith or incidental thereto.
Be it enacted by the Karnataka State Legislature in the sixty first year of the Republic of India as follows:
1.Short title, extent, commencement and application:-(1) This Act may be called, the Karnataka Mulgeni Abolition and Conferment of Ownership on Mulageni Tenants A ct, 2010
(2) It shall extend to the Districts of Dakshina Kannada and Udupi. The State Government may, by notification, extend to such other parts of the State, as may be specified therein.
3) It shall come into force on such date as the State Government may, by notification, appoint.
4) It shall apply to all mulageni lease subsisting on the date of commencement of this Act.
2. Definitions: in this Act, unless the context other require:-
a) “Competent Authority” means the Tahsildar of the “Taluk in which holdings or such other officers as may be notified by the State Government.
b) “Holding” means land with or without building which is the subject matter of a mulageni lease.
c) “Intermediary” means a mulgenidar who has sub-let the holding to a volamulgenidar and who is entitled to receive rent from him but not in possession of such holding.
d) “Mulgar” means a lessor of holding who is entitled to receive rent;
e) “Mulagenidar: means a mulageni tenant in possession of the holding liable to pay mulageni rent but does not include an intermediary.
f) “Mulageni lease: means a permanent lease or lease in perpetuity and includes a submulageni lease from muilagenidar to volamulagenidar.
g) “Mulageni rent” means rent fixed under the mulageni lease either in cash or kind or rendering service or by two or more of all these means;
h) “volamulagenidar” mean a sub-mulageni tenant who has taken the holding on submulageni from a mulagenidar and who is in possession of such holding and liable to pay rent to such mulgenidar.
3. Conferment of ownership right on Mulagenider and Volamulagenidar:-
1. On the date of commencement of the Act, the Mulageni and Volamulageni is abolished. No person shall create mulageni or volamulageni from the date of commencement of this Act.
2. Every mulagenidar or volamulagenidar who, on the date of commencement of this Act is in possession and enjoyment of the holding shall be entitled to be conferred wit ownership of he holding, on this fulfilling the conditions specified in the succeeding sections and on conferring such ownership right on him, all rights and interest of mulagar and intermediary in such holding shall stand extinguished.
Provide that nothing in this section shall affect any mortgage or charge in respect of such holding.
4. Conditions for eligibility of conferment of ownership:- a mulgenidar of volamulagenidar shall be eligible for conferment of ownership right on him under this Act if he pays to the mulgar or intermediary or both an account equal to twenty times the annual mulgeni rent payable or rupees one thousand; whichever is more, as may be determined by the Competent Authority under Section 7.
Provided that premium, if any, paid by the mulgenidar or volamulgenudar shall not be deducted in the payable under this section.
5. Mulgenidars and Volamulagenidars to file applications:-
1. Every mulagenidars or Volamulagenidars entitled for conferment of ownership rights under section 3 and who desires to acquire ownership right over the holding held by him shall make an application in such form, containing such particulars, accompanied by such documents and within such times as may be prescribed.
2. Separate application shall be made under sub-section (1) in respect of holdings situated in different village or wards and in respect of different mulgars or intermediary
3. Names of Mulgars and intermediaries and all other persons who, in the knowledge of the mulgenidar of volamulgenidar, have interest in the holding concerned, shall be impleaded in the application as parties with full and correct postal addresses.
4. Any mulagenidar or volamulgenidar whose application filed under the Karnataka Land Reforms Act 1961( Karnataka Act 10 of 1962) praying for conferment of occupancy rights has been rejected by the land Tribunal for the reason that, the land in question is not an agricultural land, shall also be eligible to make applications under this section.
6. Enquiry before the Competent Authority: (1) On receipt of the application under section 5, the Competent Authority shall issue individual notice to all the persons mentioned in the application and also to such others persons as may appear to be interested in the holding, intimating them the date and time fixed for their appearance and calling upon them to file their objections, if any, and produce relevant evidence in support of their objections.
(2) The form of notice, the manner of serving the notice and all other matters connected therewith shall be such as maybe prescribed. The Competent Authority may for valid and sufficient reasons permit applicant to amend the application.
(3) On the date fixed for appearance, if the person fails to appear before the Competent Authority even after due service of notice or fails to file objections if any, the Competent Authority may, after making such verification as it deems proper , pass order either conferring ownership or rejecting the application.
(4)Where an objection is filed disputing the validity of the applicant’s claim or setting up a rival claim, the Competent Authority shall, after holding such enquiry as it deems fit pass order either conferring the ownership or rejecting the application.
(5) The Competent Authority may, on the application of any of the parties, for reasons to be recorded in writing, correct any clerical or arithmetical mistakes in any order passed by it.
(6) The Competent Authority may, on its own or on the application of any of the parties, for reasons to be recorded in writing, correct the extent of holding in any order, passed by it after causing actual measurement and after giving opportunity of being heard to the concerned parties.
7. Determination of the amount payable to mulgar and intermediary:- After passing the order under section 6, the Competent Authority shall, having regards to the provisions of section 4 determine the amount payable to the mulgar and intermediary in the holding and prepare a statement showing apportionment of the amount so determined among the persons entitled to it in accordance with the value of their respective rights and interest in the holding . The statement shall contain such other particulars as may be prescribed.
8. Issue of certificate of ownership:- (1) The mulgenidar or volamulgenidar on whom the Competent Authority has conferred ownership of the holding shall, within thirty days from the date of receipt of the order determining the amount under section 7, deposit the amount before the Competent Authority.
(2) The Competent Authority shall, after the amount is deposited by the mulgenidars or volamulgenidar issue a certificate that ownership has been conferred on the mulgenidar or volamulgenidar, as the case may be, and such certificate shall be conclusive evidence of conferring such ownership.
(3) The Competent Authority shall forward a copy of the certificate issued under sub-section (2) to the concerned sub-registrar who shall, notwithstanding anything contained in the Registration Act, 1908 (Central Act 6 of 1908) or any other law, register the same.
9. Appeal:- (1) Any person arrived by the order of the Competent Authority under section 6 may, within a period of three months from the date of the order of the Competent Authority appeal to the Assistant Commissioner of the revenue Sub-Division Concerned.
(2) The Assistant Commissioner may, after giving an opportunity of being heard to both the parties pass order on such appeal, which shall be final.
10. Bar of Jurisdiction:- Except as other provided in this Act, no Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act is required to be settled, decided or dealt with by the Competent Authority or the Assistant Commissioner.
11. Removal of difficulties:- If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order not inconsistent with the provisions of this Act, remove the difficulties.
12. Power to make rules:- (1) The state Government may, by notification, after previous publication, make rules to carry out any or all the purposes of this Act.
(2) Every rule made under this Act shall be laid down as soon as may be before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session, in which it is so laid or the sessions immediately following both the House agree in making any modification in the rule or both the Houses agree that the rule shall not be made, the rule shall thereafter have effect in such modification form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.