Karnataka Co-Operative Textile Mills Act, 2004

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Section 1

1. Short Title And Commencement :- (1) This Act may be called the Karnataka Co-operative Textile Mills (Acquisition and Transfer) (Amendment) Act, 2004. (2) It shall be deemed to have come into force with effect from the Thirtieth day of June, 1986.

Section 2

2. Amendment Of Section 2 :- In section 2 of the Karnataka Co-operative Textile Mills (Acquisition and Transfer) Act, 1986 (Karnataka Act 29 of 1986), (hereinafter referred to as the principal Act),- (1) in clause (e), the following shall be inserted at the end, namely:- "and the land belonging to the owner of land specified in the annexure appended to this Act, which is held on lease for the purpose of the Mills." (2) after clause (g), the following clause shall be inserted, namely:- "(gg) "owner of land" means a person to whom the land specified in the annexure appended to this Act belonged and which is held on lease for the purpose of the Karnataka Co-operative Textile Mills and includes any person who claims title to such land as his heir or legal representative."

Section 3

3. Amendment Of Section 4 :- In section 4 of the principal Act, after the words "lessor and lessee" the words "and owner of land" shall be inserted.

Section 4

4. Amendment Of Section 5 :- In section 5 of the principal Act,- (1) in sub-section (1), after the words "lessor or lessee" the words "or owner of land" shall be inserted. (2) In sub-section (3), after the words "mortgagee of any property" the words "and every owner of land having interest in, or in relation to, the property" shall be inserted. (3) In sub-section (4),- (a) after the words "mortgagee of any property" the words "and every owner of land having interest in, or in relation to, the property" shall be inserted. (b) For the words "or other dues" the words "amount or other dues" shall be substituted.

Section 5

5. Amendment Of Section 9 :- In section 9 of the principal Act, for the words "or such other persons" the words "or owner of land or such other persons" shall be substituted.

Section 6

6. Amendment Of Section 10 :- In section 10 of the principal Act, in sub-section (2), for the words "or such other persons" the words "or owner of land or such other persons" shall be substituted.

Section 7

7. Amendment Of Section 16 :- In section 16 of the principal Act, in sub-sections (1) and (4) for the words "and other interested persons" the words "owner of land and other interested persons" shall be substituted.

Section 8

8. Insertion Of New Section 22A :- After section 22 of the principal Act, the following section shall be inserted, namely:- "22A. Disbursement of amount of the lessor etc.,- (1) If out of the amount paid to him in relation to the Mills, there is a balance left after meeting the liabilities specified in the Schedule, the Commissioner shall disburse such balance to the lessor, lessee and owner of land. (2) Before making any payment to the lessor, lessee or owner of land in proportion to his interest in the Mills, the Commissioner shall satisfy himself as to the right of such lessor, lessee or owner of land to receive the whole or any part of such amount and in the event of there being a doubt or dispute as to the right of such lessor, lessee or owner of land to receive the whole or any part of the amount referred to in section 9 and 10 including apportionment of the amount among them, the Commissioner shall refer the matter to the Court and make disbursement in accordance with the decision of the Court. (3) The court shall decide the apportionment of amount among the lessor, lessee or owner of land in relation to the Mills having due regard to the value on the appointed day of the property forming part of the Mills. (4) Notwithstanding anything contained in this Act evidence shall be admissible to establish before the court right title and interest of the lessor, lessee or owner of land in relation to the Mills. Explanation.- In this section Court in relation to the Mills means the principal court of original jurisdiction within the local limits of whose jurisdiction the Mills is situated."

Section 9

9. Insertion Of Annexure :- After the Schedule to the principal Act, the following Annexure shall be inserted, namely:- ANNEXURE (See clause (gg) of section 2) Landed Property vested with the Government as per section 4 and 5 of the Karnataka Co-operative Textile Mills, (Acquisition and Transfer) Act, 1986. Sl. No. Property No. Kind Area Boundaries R.S. No. CTS. No. A G Sq. Yrds. 1 2 3 4 5 6 7 8 1. 107/1B & 107/2 (Own) (Agril.) 103A/1 Open land and some unauthorised Buildings at South end. (Purchased from Sri G.K.Desai & R.G.Desai R.S.No.107/1B) (Purchased from K.V. Desai, H.R.Deshpande & L.S. Deshpande. R.S.No.107/2) 4 25 25 East: West: South: North: CTS No. 211 ABC 212 to 468 belonging to the Mills. Unakal Road and Part of CTS No. 103A/1 Sold to Post & Telegraph Department Dharwar. Karwar Road. CTS No.103/C and Part of CTS No. 103A/1 (2 Acres 7 Guntas) purchased by HDMC and beyond that R.S.No.214 (Indira Glass House) 2. 108 & 108A (Own) 211 ABC & 212 to 468. Housing Colony Girani Chawl 7 28 96 East: North & West: South: R.S.No. 108 & beyond that by a gutter which is now used by Police Line R.S.No. 107 Karwar Road 3. 15 (Lease hold) 98 Building of Mill No.II) Old Spinning Unit, Doubling, RPW, Winding Sizing, Weaving, Folding, Printing, Boiler, Machine shop, Reeling, Canteen, Security, Retail Shop etc, (Owner of Land Sri. Ballappa, Tammanna.Naik, Chitaguppi) 8 04 076 East: West: South: North: Road to Unakal and Karwar Road By Revision Survey No. 17-16 & Part of 19 CTS No. 99 Nallaha & Karwar Road. By Survey No. 19 (CTS No.99) 4. 16, 17 & 19 (Part B) (Lease hold) (Agril) 99 Mill No. II. Building of Ginning & Pressing, Godowns and Open Land (Old Cattle Market.) Owner of the Land. Vittal Rao.Annaji, Deshpande. Ramachandram. Annaji, Deshpande. 14 28 00 East: West: North: South: Survey No.15 (CTS No.98) & Unakal Road. Revision Survey No. 18 & 19 Part (CTS No.100 & 102) R.S. No.25 (CTS No. 97) Nallaha. 5. 123 & 124 (Lease hold) 470 Mill.No.I. Buildings of Spinning Dept, Store, Time-Office, Administrative Offices, Dispensary etc., (Original Owner, Sri.Ballappa, Tammanna.Naik.Chitaguppi) 5 32 106 East: West: North: South: Boundaries of R.S.No. 123. Unakal Road. Nallaha & Karwar road and Part of CTS No.472 Karwar Road. R.S.No.126, CTS No.472 & 471. 6 126 (Own.) 472 Open Land with the unauthorised Lime-Stone shop & Factory of R.P.Dhongadi, Water Tank & Gutter (Nallaha) 1 21 41 East: West: North: South: Unakal Road, R.S No.124 & Nallaha. R.S. No.125 (CTS No.470) Nallaha 7. 122 (Agril) (Lease hold) 479 Two buildings of Govt. Primary School & Open Land. (Original owner 1. Sri. K.V. Desai 2. Gundu Ramachandra Desai 3. Ramachandra Gundu Desai 4. Annaji Gundu Desai) 00 33 00 East: West: North: South: R.S.No.164 & 165 (CTS No. 480/1 & 484) Road to Unakal. Karwar Road. R.S. No. 117. 8 164 (Own) 480/1 Staff Quarters & Open Land. 1 02 41 East: West: C.T.S. No. 485 & 446 C.T.S. No.479 9 164 (Own) 480/2 Staff Quarters & Open Land. 00 08 76 North: South: Karwar Road. R.S.No.117 (City Survey No.478) 10. 164 (Own) 483 Staff Quarters & Open Land. 00 25 04 11 164 (Own) 484 Staff Quarters & Open Land. 00 25 87 12 165 (Own) 481 Open Land 00 28 62 East: North & West: South: CTS No.445. CTS No. 480/1 CTS No. 478 & 566 (R.S.No. 117) 13 165 (Own) 482 Open Land 00 08 104 14. 166 (Agril) (own) 3475 Temple of Tulaja Bhavani 00 04 14 East: West: North: South: R.S. No.166 (Part) R.S. No.126. R.S. No.166 (Part) Bed of Nallaha. 15. 125 (Lease hold) 470 (Part) Open Land (Original Owners - Panchas of Muneshwar Math) 00 19 101 East: West & North: South: Road to Unakal Survey No. 124 (CTS No. 470) Remaining portion of Survey No. 125 (CTS No.471) Note: This Annexure does not include the properties sold by TheKarnataka Cooperative Textile Mills Ltd., and the Properties acquired by various Government Authorities before, 1986.

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