11/15/24, 1:50 PM KARNATAKA SCHEDULED CASTES AND SCHEDULED TRIBES (PROHIBITION OF TRANSFER OF CERTAIN LANDS) ACT, 19…
KARNATAKA SCHEDULED CASTES AND SCHEDULED TRIBES (PROHIBITION OF
TRANSFER OF CERTAIN LANDS) ACT, 1978
Preamble 1 - KARNATAKA SCHEDULED CASTES AND SCHEDULED TRIBES (PROHIBITION OF
TRANSFER OF CERTAIN LANDS) ACT, 1978
THE KARNATAKA SCHEDULED CASTES AND SCHEDULED TRIBES (PROHIBITION OF TRANSFER
OF CERTAIN LANDS) ACT, 1978
[Act, No. 2 Of 1979]
[18th December, 1978]
PREAMBLE
An Act to provide for the prohibition of transfer of certain lands granted by government to persons
belonging to the Scheduled Castes and Scheduled Tribes in the State.
WHEREAS it is expedient to provide for the prohibition of transfer and for restoration of lands
granted by the Government to persons belonging to the Scheduled Castes and Scheduled Tribes in
the State;
BE it enacted by the Karnataka State Legislature in the Twenty-ninth Year of the Republic of India as
follows:-
Section 1 - Short title and commencement
(1) This Act may be called the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of
Transfer of Certain Lands) Act, 1978.
(2) It shall come into force at once.
Section 2 - Declaration under article 31C of the Constitution
It is hereby declared that the provisions of this Act are for giving effect to the policy of the State
towards securing the principles laid down in article 46 of the Constitution.
Section 3 - Definitions
(1) In this Act, unless the context otherwise requires,-
(a) "bank" means,-
(i) a co-operative society (including a co-operative bank);
(ii) the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934;
(iii) a banking company as defined in the Banking Regulation Act, 1949;
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(iv) the State Bank of India constituted under the State Bank of India Act, 1955;
(v) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959;
(vi) a corresponding new bank constituted under section 3 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970;
(vii) the Agricultural Refinance and Development Corporation constituted under the
Agricultural Refinance Co-operation Act, 1963;
(viii) the Karnataka State Agro-Industries Corporation, a company incorporated under the
Companies Act, 1956;
(ix) the Agricultural Finance Corporation Limited, a company incorporated under the
Companies Act, 1956;
(x) any other financial institution owned or controlled by the Government or the Central
Government and notified by the Government as a bank for the purpose of this Act;
(b) "granted land" means any land granted by the Government to a person belonging to any of
the Scheduled Castes or the Scheduled Tribes and includes land allotted or granted to such
person under the relevant law for the time being in force relating to agrarian reforms or land
ceilings or abolition of inams, other than that relating to hereditary offices or rights and the
word "granted" shall be construed accordingly;
(c) "Government" means the Government of Karnataka;
(d) "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to
them in the Constitution;
(e) "transfer" means a sale , gift, exchange, mortgage (with or without possession), lease or any
other transaction not being a partition among members of a family or a testamentary disposition
and includes the creation of a charge or an agreement to sell, exchange, mortgage or lease or
enter into any other transaction.
(2) Words and expressions not defined in this Act shall have the meaning assigned to them in the
Karnataka Land Revenue Act, 1964.
Section 4 - Prohibition of transfer of granted lands
(1) Notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted
land made either before or after the commencement of this Act, in contravention of the terms of the
grant of such land or the law providing for such grant, or sub-section (2) shall be null and void and
no right, title or interest in such land shall be conveyed or be deemed ever to have conveyed by
such transfer.
(2) No person shall, after the commencement of this Act, transfer or acquire by transfer any
granted land without the previous permission of the Government.
(3) The provisions of sub-sections (1) and (2) shall apply also to the sale of any land in execution of
a decree or order of a civil court or of any award or order of any other authority.
Section 5 - Resumption and restitution of granted lands
(1) Where, on application by any interested person or on information given in writing by any person or
suo-motu, and after such enquiry as he deems necessary, the Assistant Commissioner is satisfied that
the transfer of any granted land is null and void under sub-section (1) of section 4, he may,-
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(a) by order take possession of such land after evicting all persons in possession thereof in such
manner as may be prescribed:
Provided that no such order shall be made except after giving the person affected a reasonable
opportunity of being heard;
(b) restore such land to the original grantee or his legal heir. Where it is not reasonably practicable
to restore the land to such grantee or legal heir; such land shall be deemed to have vested in the
Government free form all encumbrances. The Government may grant such land to a person
belonging to any of the Scheduled Castes or Scheduled Tribes in accordance with the rules relating
to grant of land.
1[(1A) After an enquiry referred to in sub-section (1) the Assistant Commissioner may, if he is satisfied
that transfer of any granted land is not null and void pass an order accordingly.]
(2)2[Subject to the orders of the Deputy Commissioner under section 5A, any order passed]
under1[sub-section (1) and (1A)] shall be final and shall not be questioned in any court of law and no
injunction shall be granted by any court in respect of any proceeding taken or about to be taken by the
Assistant Commissioner in pursuance of any power conferred by or under this Act.
(3) For the purposes of this section, where any granted land is in the possession of a person, other
then the original grantee or his legal heir, it shall be presumed, until the contrary is proved, that such
person has acquired the land by a transfer which is null and void under the provisions of sub-section
(1) of section 4.
_______________________________
1. Inserted by Act 8 of 1992 w.e.f. 13.4.1992.
2. Substituted by Act 3 of 1984 w.e.f. 3.3.1984.
Section 5A - Appeal to the Deputy Commissioner
1
[5A. Appeal to the Deputy Commissioner
(1) Any person aggrieved by an order passed after the commencement of the Karnataka Scheduled Castes
and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (Amendment) Act, 1984 by the Assistant
Commissioner to take possession of land under clause (a) of sub-section (1) of section 5 or to restore the
land under clause (b) of the said sub-section may prefer an appeal to the Deputy Commissioner having
jurisdiction within a period of three months form the date on which the order was communicated to him:
Provided that the Deputy Commissioner may admit an appeal preferred against such order after the period
referred to in sub-section (1) if satisfied that the appellant had sufficient cause for not preferring the appeal
within that period:
Provided further that the Deputy Commissioner shall admit an appeal against an order passed by the
Assistant Commissioner before the date of such commencement if, on the said date, a writ petition preferred
against such order or an appeal preferred against the order passed in such writ petition is pending in any
court.
2[(1A) Any person aggrieved by an order passed after the commencement of the Karnataka Scheduled Castes
and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (Amendment) Act, 1992, by the Assistant
Commissioner under sub-section (1A) of section 5, may prefer an appeal to the Deputy Commissioner having
jurisdiction within a period of three months form the date on which the order was communicated to him:
Provided that the Deputy Commissioner may admit an appeal preferred against such order after the period
referred to in sub-section (1A), if satisfied that the appellant had sufficient cause for not preferring the appeal
within that period:
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Provided further that the Deputy Commissioner shall admit an appeal against an order passed by the
Assistant Commissioner holding that transfer of any granted land is not null and void before the date of such
commencement, if, on the said date, a writ petition preferred against such order or an appeal preferred
against the order passed in such writ petition is pending in any court.]
(2) The Deputy Commissioner shall dispose of the appeal in the prescribed manner and the order passed by
him shall be final.]
_______________________________
1. Sub-section 1, 1A, 2 inserted by Act 3 of 1984 w.e.f. 3.3.1984.
2. Inserted by Act 8 of 1992 w.e.f. 13.4.1992.
Section 6 - Prohibition of registration of transfer of granted lands
Notwithstanding anything in the Registration Act, 1908 on or after the commencement of this Act,
no registering officer shall accept for registration any document relating to the transfer of, or to the
creation of any interest in, any granted land included in a list of granted lands furnished to the
registrating officer except where such transfer is in accordance with this Act or the terms of the
grant of such land or the law providing for such grant.
Section 7 - Exemption
Nothing in this Act shall apply to the transfer of granted lands in favour of the Government, the
Central Government, a local authority or a bank either before or after the commencement of this
Act.
Section 8 - Penalty, etc
(1) Whoever acquires any granted land in contravention of the provisions of sub-section (2) of
section 4 shall, on conviction, be punished with imprisonment which may extend to six months or
with fine which may extend to two thousand rupees or with both.
(2) Notwithstanding anything in the Code of Criminal Procedure 1973, the offence punishable under
sub-section (1) shall be cognizable.
Section 9 - Protection of action taken in good faith
(1) No suit, prosecution or other legal proceedings shall lie against any person or officer for
anything which is, in good faith done or intended to be done in pursuance of this Act or any rules
made thereunder.
(2) No suit or other legal proceedings shall lie against the Government for any damage caused or
likely to be caused or for any injury suffered or likely to be suffered by virtue of any provision of this
Act or for anything which is in good faith done or intended to be done in pursuance of this Act or
any rules made thereunder.
Section 10 - Power to make rules
(1) The Government, may, by notification, make rules to carry out all or any of the purposes of this
Act.
(2) Every rule made under this Act shall, be laid as soon as may be after it is made, before each
House of the State Legislature while it is in session for a total period of thirty days which may be
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comprised in one session, or in two or more successive sessions, and if before the expiry of the
session immediately following the sessions or successive sessions aforesaid both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the
rule, shall, from the date on which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled, 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.
Section 11 - Act to override other laws
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in
any other law for the time being in force or any custom, usage or contract or any decree or order of a
court, tribunal or other authority.
Section 12 - Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the Government may by general
or special order published in the official Gazette, make such provisions not inconsistent with the
provisions of this Act as appear to them to be necessary or expedient for the purpose of removing
the difficulty:
Provided that no such order shall be made after the expiration of two years form the
commencement of this Act.
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