In a Democratic Country,
welfare of the poor, depressed, have-nets is one of the concerns of the Government.
To mitigate the suffering of such people government often grants land, so that they
cultivate the land and earn their livelihood and imposes restriction on transfer
of such granted land for certain period to ensure that the desired welfare objectives
are not defeated. Members of Scheduled Castes and Schedule Tribes are the most exploited.
As discussed many timesthe sale and purchase of agricultural land in Karnataka has various restrictions.Government of Karnataka has put more severe restrictions on transfer of lands grantedto Schedule Castes and Schedule Tribes. The relevant legislation is 'The Karnataka
Schedule Castes and Scheduled Tribes (prohibition of transfer of certain lands)
Act' 1978 and Rules 1979This is a social agrarian legislation to empower the down
trodden and also prevent their exploitation. This act has overriding effect and
takes control of all granted lands, irrespective of law under which they were granted
be it under Karnataka Land Reforms Act, Karnataka Land Revenue Act, Mysore Land
revenue Code, or those of erstwhile provinces like Bombay, Coorg, Hyderabad, Madras
and prohibits transfer of such lands without the permission of the Government. This
Act has come into force from 01.07.1979. However, the Act covers lands granted even
before the commencement of the Act.
Granted land, is any
land granted by the Government of Karnataka to the person belonging to any of the
Schedule Castes or Schedule Tribes.
It also includes lands
granted to such persons under any relevant law in force for time being pertaining
to agrarian reforms, land ceiling abolition, of Inams except those relating to
hereditary offices or rights, that is the lands granted under hereditary
offices like thoti, Neeruganti etc., which are not covered under this act.
The Presidential
orders 1950, under articles 341 and 342 of the Constitution of India have proclaimed
the state-wise list of Schedule Castes and Schedule Tribes. The list has relevance
to the State in which the members of the community reside. A caste categorized as
Schedule Caste in one State may not be so in another State. Persons who do not follow
the religion of Hindu, Sikh, Buddhists, are not deemed as members of scheduled castes.
The Act prohibits not
only sale but also any type of transfer of land, without prior permission of the
government. The word transfer as used in this act encompasses sale, gift, exchange,
mortgage, lease or any other similar transaction. It prohibits the mortgage whether
with or without possession. It includes creation of charge, or an agreement to
sell, exchange, mortgage. But partition among family members and disposition by
will are not covered. Transfer of granted land to another member of Schedule
caste or tribe is a violation of this Act.
Section 4 of this Act
is more crucial and important. It spells out that transfer of any land granted before
commencement of the Act or after, in contravention of terms of grant is null
and void, which means such transfer is inoperative. The transferee will not get
legally valid title or interest right to such property. Further, it clearly mandates
that any transfer of granted land needs prior permission of Government. Permission of the Government
is also necessary for sale of the land in execution of any decree or order of a civil court or any authority. This makes it very clear that any transfer of granted land even after complying with
terms of grant needs the prior permission of Government. Even entering into agreement
to sell needs prior permission of the Government.
The land might have been granted free of cost, or at reduced
price (up set price). Reduced price means the price based on land revenue and not
market price. In many cases, the grantee that is the person to whom the land was
granted will be asked to pay price equal to land revenue of some years. It has been
held in one case that prohibition of non- transfer of land can be imposed only in
case of lands granted free of cost or reduced (up set) price. Land
granted on receipt of market price is sale and not grant. But it is advisable to obtain permission from the Government for purchase of any type of grant land from members of Schedule Castes and Schedule Tribes.
granted on receipt of market price is sale and not grant. But it is advisable to obtain permission from the Government for purchase of any type of grant land from members of Schedule Castes and Schedule Tribes.
I. The grantee shall not transfer the
land for a period of 15 years from the date of taking possession.
3. The grantee shall cultivate the land personally.
The land may be granted not only for agricultural purpose
but also for constructing residential accommodation with restrictions on transfer.
Though the restrictions on transfer of the granted land are 15 years, the government
may permit the transfer after a lapse of five years depending upon the circumstances
and the needs of the grantee. The procedures for grant of lands are governed by
Karnataka Land grant Rules 1969. Transfer of any type of lands granted to the members Scheduled Castel Tribe requires prior permission of
the government.
As stated earlier the transferee will not get any legally valid title, interest,
right in such property. Further the Government, represented by the Assistant
Commissioner, after an enquiry may take possession of such land; by evicting
the persons who are in possession of land.
However sufficient opportunity will be provided to the transferee to present hisversion of the case.
After taking the possession of such transferred grant land the Government restores
the land to the
original grantee or his legal heirs. If it is practically not possible to restore such land to the rantee or legal heirs, the land will vest with government free of all encumbrances.
original grantee or his legal heirs. If it is practically not possible to restore such land to the rantee or legal heirs, the land will vest with government free of all encumbrances.
The Government may grant such land to any other member of Schedule Caste or
Schedule Tribe eligible for grant. If the enquiring authority finds that the transfer
of land has not violated any provisions of the Karnataka Schedule Caste and Schedule
Tribes Act 1978, orders will be passed accordingly.
The Government has g powers to initiate action by the mere fact that the granted
land is in the possession of the persons other than original grantee or his legal
heirs. It is not necessary that the original grantee or his legal heirs to
lodge the complaint. Any interested person or on information provided by any
person or the government on its own may initiate action. The Act also provides for
appeal by the aggrieved persons.
who has lost the possession of the land purchased. He may appeal to the Deputy
Commissioner having jurisdiction within three months from the date on which
order of Assistant Commissioner was communicated to him. Deputy Commissioner
has also powers to condole the delay in preferring appeal, if satisfied about the
cause for delay. Deputy Commissioner will dispose the case based on merits. The
Act prohibits the registration of any document of transfer of such granted land
without compliance of the provisions of this Act that is without prior permission of the government.
What is more serious is the punishment prescribed for acquiring the land granted
to the Schedule Castes and Schedule Tribes in violation of the provisions of this
Act, that is without prior permission of the Government and in contravention of
terms of grant. Such transferee on conviction may be punished with imprisonment
up to six months or fine up to two thousand Rupees or both. Following are some
of the important judicial verdicts pertaining to the Act.
[!] Possession by a trespasser will not amount to transfer under
the Act (lLR 2002(2) KAR2431.
[!] Alienation to bank is not prohibited (ILR2002 (3) KAR
3780.
[!] Alienation of granted land in form of mortgage withoutprior permission of the Government is void (2000(2) KLR SN21)
[!] When authority-granting land has not imposed the condition
of alienation, the authority issuing Saguvali chit" cannot impose such condition
(ILR 1999(1) KAR 261.
[!] To avail the advantage of adverse possession, such possession
should be for thirty years prior to the Act coming into force 1999(5) KLJ732.
Whether the grant is for upset price or otherwise the prohibition is applicable
1991(1) KLR 373
[!] If the transferee has made some improvements he cannot claim
compensation on eviction (1992(4)
KLll.
KLll.
Though the acts is socio-agrarian legislation in its action, aimed at improving
the social and economic status of the members of Scheduled Caste and Scheduled
Tribes, the chances of its misuse is not rare. Many grantees, legal heirs sell the
granted lands to innocent people, who are unaware of the provisions of this Act,
and later on claim that such transfer as null and void. Though ignorance of law is no excuse, the government
should also educate the public and land records like RTC. RRPR etc should clearly
indicate the nature of the land and restrictions on its transfer.
But the RTC or RRPR never discloses this prohibition. Though there is prohibition
on registration of such land in the Act, there is no punitive provision for violation
by sub- registrars.
The ultimate victim will be the innocent purchaser who loses the property
and money and is also at risk of facing imprisonment and fine. Any social legislation
should ensure that equity, justice is meted out to all and a fine balance is struck.
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