(1)
Ļ¯ೇಷ ªಾಜÍ ಪĦÎೆ
GOVERNMENT OF KARNATKA
No. RD 10 LGP 2024
Karnataka Government Secretariat,
M.S.Building,
Bengaluru, Dated: 12.03.2024.
NOTIFICATION
The draft of the following rules further to amend the Karnataka
Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain
Lands) Rules, 1979, which the Government of Karnataka, proposes to make in
exercise of the powers conferred by section 10 of the Karnataka Scheduled
Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act,
1978, is hereby published as required by section 10 of the said Act for the
information of all persons likely to be affected thereby and notice is hereby given
that the said draft will be taken into consideration after the expiry of fifteen
days from the date of its publication in the official Gazette.
Any objection or suggestion, which may be received by the State
Government from any person with respect to the said draft before the expiry of
the period specified above, will be considered by the State Government.
Objections or suggestions may be addressed to the Principal Secretary to
Government, Revenue Department, 5th Floor, Multi Storied Building, Dr.
Ambedkar Veedhi, Bengaluru – 560 001.
DRAFT RULES
1. Title and commencement.- (1) These rules may be called the Karnataka
Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain
Lands) (Amendment) Rules, 2024.
(2) They shall come into force from the date of their publication in the
official Gazette.
¨sÁUÀ – 4 J
Part – IV A
12
2024(
, 22
1945)
BENGALURU, TUESDAY, 12, MARCH, 2024(PHALGUNA, 22, SHAKAVARSHA, 1945)
. 180
No. 180
2
2. Insertion of new rule 6.- In the Karnataka Scheduled Castes and Scheduled
Tribes (Prohibition of Transfer of Certain Lands) Rules, 1979, after rule 5, the
following shall be inserted, namely: -
“6. Permission for transfer or acquisition of granted land.- (1) Any grantee
or his legal heirs, who seeks to obtain prior permission under the provisions of sub
section (2) of section 4 shall apply in Form III.
2) The application filed in the specified form shall be submitted by the
grantee or his legal heirs, to the Tahsildar of the concerned taluk where
the land is situated, in person.
3) The Tahsildar after making such inquiries as he thinks fit, conduct the
complete verification of the documents submitted, and record his
findings in a report that shall be submitted to the Assistant
Commissioner.
4) The Assistant Commissioner shall, on receipt of the report under sub-
rule (3), and upon consideration of the report, recommend to the Deputy
Commissioner whether permission for the transfer of land should be
granted.
Provided that the Assistant Commissioner shall have the power to
conduct an inquiry in order to ascertain the presence of coercion,
misrepresentation, fraud or incorrect valuation of the land and if he is
satisfied that any of these is established, shall recommend the denial of
permission for the transfer of land.
5) The Deputy Commissioner shall, on receipt of the report under sub-rule
(4) and after verification of documents and reports, submit all
applications along with his recommendations on the permission for the
transfer of land to the Revenue Commissioner (Revenue, Land
Acquisition, Rehabilitation and Resettlement and Social Security).
6) The Revenue Commissioner (Revenue, Land Acquisition, Rehabilitation
and Resettlement and Social Security) shall, on receipt of the report
under sub-rule (5), process the application and submit all applications
along with his recommendations on the permission for the transfer of
land to the Principal Secretary (Revenue) for permission for the transfer
of land.
7) The Principal Secretary (Revenue) shall, on the receipt of the application
under sub-rule (6), and upon consideration of the report submitted by
the Tahsildar and recommendations submitted by the Assistant
Commissioner, Deputy Commissioner and the Revenue Commissioner
convey approval on behalf of the State Government to the Revenue
Commissioner for the transfer of land.
3
8) Upon the receipt of the approval for the transfer of land, the Revenue
Commissioner
(Revenue,
Land
Acquisition,
Rehabilitation
and
Resettlement and Social Security) shall issue an order granting the
necessary permission for the transfer of land.
9) Where the Revenue Commissioner has granted the necessary permission
under sub-rule (8), the Assistant Commissioner shall remove the PTCL
flag from the said land to facilitate the transfer of the land.
10) Any person aggrieved by the order of the Revenue Commissioner granting
or denying permission of transfer of land may file a representation to the
Principal Secretary (Revenue), seeking a review of such order within a
period of thirty days of such order being issued.
3. Insertion of new Form III .- In the said rules, after Form II the following
shall beinserted, namely:-
Form – III
(See rule 6(1))
1
Name of the Applicant
2
Name of the Grantee (As per Land Grant order)
3
Applicant Address
4
Aadhar No. of Applicant
5
PAN of Applicant
6
Source of income for Applicant
7
Grant Land details
District/Taluk/Village
Sy.No/extent
8
Original grant records- File /Ref No.
9
Grant Register -Ref No./Sl. No.
10
Saguvali Chit No. & Date
11
Grant conditions mentioned in Saguvali chit
12
Under which act and rules the grant was made
13
Whether prohibition period is completed? Yes or
No
14
Akarband details (attach akarband)
15
Is the land Phodi/Durasti done ? if yes (attach
the relevant order and sketch)
4
16
Resumption and restoration of granted land as
per PTCL act section -5? if done(attach the
order copy)
1.Order No. and date
2.Which section of the act is violated
3.When will the prohibition period is completed.
17
Records are existing in the name of Grantee or
his successor? [ Recent RTC/Will/partition
deed/settlement deed to be provided]
18
Grantee/His successors have in the possession
(as per Saguvali chit/ issue register)
19
Applicant caste (attach the certificate)
20
Encumbrance certificate from Grant till date
21
Reason for transfer:
22
Name and relationship of the successor of the
Grantee (family tree should be provided)
23
Buyers name and details (attach Sale
agreement)
24
Grantee/successor purchase agreement details
25
Notarised Stamp paper signed by all adult
family members of the grantee/successor
UNDERTAKING
I hereby declare that the above information is true to the best of my
knowledge. All my family members have agreed to the sale as per the
attached affidavit. I have been explained by the competent authority in detail
about the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition
of Transfer of Certain Lands) Act, 1978, the present market value of the land
and the procedure for sale in ........ language which I understand.
Applicant signature
Mobile No.
Witness I
Name:
Address:
Mobile No.
Witness II
Name:
Address:
Mobile No.
5
The applicant has submitted the application in person to me. I have
explained to the applicant about the Karnataka Scheduled Castes and
Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978,
procedure for sale and the present market value of the land to the applicant
in ............... Language.
Tahsildar
……….. Taluk
Date:
Place:
By Order and in the name of the
Governor of Karnataka
(C. BALARAM)
Under Secretary to Government,
Revenue Department (Land Grants-1).
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Date: 2024.03.12 18:01:59 +05'30'