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Thursday 1 January 2015

RESTRICTION ON PURCHASE OF SCHEDULE CASTES GRANT PROPERTY

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In a Democratic Country, welfare of the poor, depressed, have-nots is one amongst the considerations of the govt..To mitigate the suffering of such folk’s government usually grants land in order that they cultivate the land and earn their keep.It imposes restrictions on transfer of such granted land surely amount to confirm that the specified welfare objectives don't seem to be defeated.Members of Schedule Castes and Schedule Tribes square measure the foremost exploited.

As mentioned over and over, the sale and buy of agricultural land in Karnataka has varied restrictions. Government of Karnataka has place a lot of severe restrictions on transfer of lands granted to Schedule Casts and Schedule Tribes.The relevant legislation is “the Karnataka Schedule Castes and scheduled Tribes (prohibition of transfer of sure lands) Act 1978 and Rules 1979.


This is a social rural legislation to empower the downtrodden and conjointly to forestall their exploitation. This Act has preponderating result and takes management of all granted lands, no matter law underneath that they were granted by it underneath Karnataka Land Reforms Act, Karnataka Land Revenue Act, Mysore Land Revenue Code or those of erstwhile provinces like Mumbai, Coorg, Hyderabad, Madras and prohibits transfer of such lands while not the permission of the govt.. This Act has acquired force from 01.07.1979.Howeverthe Act covers lands granted even before the commencement of the Act.

Granted land, is any land granted by the govt. of Karnataka to the person happiness to any of the Schedule Caste or Schedule Tribes. It conjointly includes lands granted to such persons underneath any relevant law good for the nowadays concerning rural reforms, land ceiling ending of Inams except those regarding hereditary offices or rights, that's the lands granted underneath hereditary offices like thoti, Neeruganti etc. that don't seem to be lined underneath this Act.


The Presidential orders 1950, underneath articles 341 and 342 of the Constitution of India have declared the state-wise list of Schedule Castes and Schedule Tribes.  The list has connexion to the State during which the members of the community reside.  A caste classified as Schedule Caste in one state might not be thus in another state.  Persons who don't follow faith of Hinduism, faith and Buddhism don't seem to be deemed as members of scheduled Castes.

The Act prohibits not solely sale however conjointly any variety of transfer of land while not previous permission of the govt.. The word transfer as utilized in this Act encompasses sale, gift, exchange, mortgage, lease or the other similar group action.  It prohibits the mortgage whether or not with or while not possession.  It includes creation of charge, or an agreement to sell, exchange,mortgage etc.But partition among relations and disposition by can don't seem to be lined. Transfer of granted land to a different member of Schedule caste or tribe could be a violation of this Act.

Section four of this Act is a lot of crucial and vital.  It spells out that transfer of any land granted before commencement of this Act or once, in dispute of terms of Grant, is null and void which implies such transfer is defunct.  The transferee won't get lawfully valid title or interest or right to such property.

Further, it clearly mandates that any transfer of granted land wants previous permission of presidency.Permission of the govt. is additionally necessary available of the land in execution of any decree or order of a civil court or any authority.  This makes it terribly clear that any transfer of granted land even once compliant with terms of grant, wants the previous permission of presidency.  Even moving into agreement to sell wants previous permission of the govt..

The land might need been granted freed from value, or at reduced worth (upset price).  Reduced worth means that the value supported land revenue and not value.  In several cases, the recipient, that's the person to whom the land was granted, are asked to pay worth capable land revenue of some years. it's been control in one case that prohibition of non-transfer of land will be obligatory solely just in case of lands granted freed from value or reduced (upset) worth.Land granted on receipt of value is sale and not grant. However it's suggested to get permission from the govt. for purchase of any variety of grant land from members of Schedule Castes and Schedule Tribes.

The land is granted to the members of Schedule Castes and Tribes with sure conditions like:
1.The recipient shall not transfer the land for a amount of fifteen years from the date of acquiring.
2.The land ought to be brought underneath cultivation inside 3 years from acquiring.
3.The recipient shall cultivate the land in person
4.The land shall be used for the needs that it absolutely was granted and any modification of use needs previous permission of the govt..
5.The recipient shall plant inside a amount of 1 year one tree for each 10 guntas or ten trees for one square measure.
6.The land may be granted not just for agricultural purpose however also for constructing residential accommodation with restrictions on transfer. Though' the restriction on transfer of the granted land is fifteen years, the govt. could allow the transfer once a lapse of 5 years relying upon the circumstances and therefore the wants of the recipient. The procedure for grant of lands is ruled by karnataka assignment Rules 1969. Transfer of any variety of lands granted to the members of scheduled Caste/Tribe needs previous permission of the govt..

Now we have a tendency to shall discuss the transfer of land granted to the members of Schedule Castes and tribes inside the amount of restriction on transfer or while not the previous permission of the govt..As explicit earlier the transferee won't get any lawfully valid tile, interest, right in such property. More the govt., drawn by the Assistant Commissioner, once a research could take possession of such land by evicting the persons who are in possession of land.  However, sufficient chance are provided to the transferrer to gift his version of the case.

After taking the possession of such transferred granted land the govt. restores the land to the first recipient or his legal heirs.  If it's much insufferable to revive such land to the recipient or legal heirs, the land can vest with government, freed from all encumbrances. The govt. could grant such land to the other member of Schedule solid or Schedule Tribe eligible for grant.  If the enquiring authority finds that the transfer of land has not desecrated any provisions of the Karnataka Schedule Caste and Schedule Tribes Act 1978, orders are passed consequently.

The Government has powers to initiate action by the mere undeniable fact that the granted land is within the possession of an individual aside from original recipient or his legal heirs. It’s not necessary that the first recipient or his legal heirs to lodge the criticism.Any interested person or on data provided by somebody or the govt. on its own could initiate action. The Act conjointly provides for attractiveness by the aggrieved persons who has lost possession of the land purchased.  He could attractiveness to the Deputy Commissioner having jurisdiction inside 3 months from the date on that order of Assistant Commissioner was communicated to him.

Deputy Commissioner has conjointly got powers to excuse the delay in preferring attractiveness, if happy with the cause for delay. Deputy Commissioner can dispose the case supported deserves. The Act prohibits the registration of any documents of transfer of such granted land while not compliance of the availability of this Act that's while not previous permission of the govt..

Every registering workplace is given a listing of granted lands falling in its jurisdiction.  However, this prohibition won't apply to transfer of granted land in favor of authorities, Central Government, office or Bank. what's a lot of serious is that the penalization prescribed for deed the land granted to the Schedule Casts and Schedule Tribes in violation of the provisions of this Act that's while not previous permission of the govt. and in dispute of terms of grant.  Such transferee on conviction could also be disciplined with imprisonment upto six months or fine up to Rupees 2 Thousand or each. 


Following are a number of the vital verdicts concerning the Act.
1.Unless established otherwise, if an individual aside from recipient is in possession of the granted land, it's to be likely that the land is transferred and it's null and void [ILR 1997 (1) KLR 474]
2.Possession by a persona non grata won't quantity to transfer underneath the Act [ILR 2002 (2) KAR2431]
3.Alienation to bank isn't prohibited [ILR2002 (3) KAR 3780]
4.Alienation of granted land within the sort of mortgage while not previous permission of the govt. is void [2000(2)KLR SN21]
5.When authority granting land has not obligatory the condition of alienation, the authority supply Saguvali account cannot impose such condition [ILR 1999 (1) KAR 261]
6.To avail the advantage of adverse possession, such possession ought to be for thirty years before the Act returning into force (1995 (5) KLJ732).
7.Whether the grant is for asking price or otherwise the prohibition is applicable [1991 (1) KLR 373].
8.Only when land was granted free or at reduced worth, the sole non-alienation condition will be obligatory [1996 (3) KLJ thirty four DB]
9.If the transferee has created some enhancements he cannot claim compensation on eviction [1992 (4) KLJ1].
10.Even bits of land granted for house sites are lined by the Act [ILR 2001 (3) KAR 3753.:2001 (4) KCCR tin 320-DB].
11.Though the act is socio-agrarian legislation in its action geared toward up the social and economic standing of the members of Schedule Castes and Schedule Tribes, the prospect of its misuse isn't rare. several grantees, legal heirs sell the granted lands to innocent those that are unaware of the provisions of this Act and presently claim that such transfer as null and void. tho' cognitive content of law isn't any excuse, the govt. ought to conjointly educate the general public and land records like RTC, RRPR etc ought to clearly indicate the character of the land and restrictions on its transfer.

But the RTC or RRPR ne'er discloses this prohibition. though' there's prohibition on registration of such land within the Act, there's no relatiative provision for violation by sub-registrars. Several registering officers register the transfer of such granted land over and over in connivance with the vendor.
The ultimate victim is the innocent customer who loses the property and cash and is additionally in danger of facing imprisonment and fine.  Any social legislation ought to make sure that equity and justice is administrated to any or all and a fine balance is smitten.


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