KARNATAKA SCHEDULED CASTES AND SCHEDULED TRIBES (PROHIBITION OF TRANSFER OF CERTAIN LANDS) Act, 1978

2 of 1979

December 18, 1978

An Act to provide for a prohibition of the transferred of certain lands granted Government to persons belonging to the Schedule Castes and Schedule Tribes in the State. WHEREAS it is expeditent to provide for the prohibition of transfer and for the restoration of lands granted by the Government to persons belonging to the S.CT and S. Ts 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 Schedule Caste and Schedule Tribes (prohibition of Transfer of Certain Lands) Act, 1978.

(2) It shall come into force ast once.

Section 2 Declaration under article 31C of the Constitution

It is hereby declared the provisions of this Act are for giving effect to the policy by the State towards securing the principles laid down in article 46 of the Constitution.

Section 3 Definition

(1)In this Act, unless this context otherwise requires, -

(a) "Bank Means, -

(i) A co-operative Society (including a Co-operative Bank)

(ii) The ReserveBank of India Constituted under the Reserve Bank of India Act, 1934;

(iii) A banking company as defined in the Banking Regulation Act, 1949;

(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 Bnaking Companies Acquisition and Transfer of Undertakings), Act, 1970;

(vii) The Karnataka State Agro-Industries Corporation, a company incorporated under the Companies Act, 1956;

(viii) The Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance Corporation Act 1963;

(ix) The Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956; and

(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 S.Cs of the STs and included land allotted or granted to such persons 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 constructed 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 include the creation of a charge or an agreement to sell, exchange, mortgage or lease or enter into any other transaction.

(2) Words and expression 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 anythin in any law, agreement, contract or instrument, and transfer 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 nor 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 oder of a civil court or of any award or order of anuy 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 Commissioners is satisfied thast the ttansfer of any granted land is null and void under sub-section (1) of section 4, he may:-

(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 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 from 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.

(2) Any order passed under sub-section (1) shall be final shall not be questioned in any court of law and no injuction 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 aby grabted land is in the possession of a person, other than 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.

Section 6 PROHIVITION 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 registering 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 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 month 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 of 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 fone 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, made 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 Sate 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, nd if before the expiry of the session immediately following the sessions sor successive sessions aforesaid both Houses agree that the rule should not be made, the rules shall, from the date on which the modificsation or annulment is notified, have effect only in such modified from of shall stand annulled, as the case may be; so, however, that any such modification or annulment shall be without prejuidice 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 there-with contained in any other law for the time being in force or any custom, usuage or contract or any decree or order of a court, tribuna or other authority.

Section 12 Power to remove difficultiese

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by the provisions of this Act, the Government may, by General or special order published in the official Gazett, make such provisions not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for the purpose or removing the difficulty.

Provided that no such order shall be made after the expirsation of two years from the commencement of this Act.