(1)
Ļ¯ೇಷ ªಾಜÍ ಪĦÎೆ
GOVERNMENT OF KARNATKA
No.RD 10 LGP 2024
Karnataka Government Secretariat,
M.S.Building, Bengaluru,
Dated: 25.06.2024.
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,
was published in Notification No. RD 10 LGP 2024, Dated 12.03.2024 published
in Part IV-A of the Karnataka Gazette dated: 12.03.2024 inviting objections or
suggestions from all the persons likely to be affected there by within fifteen days from
the date of its publication in the Official Gazette.
Where the said Gazette was made available to the public on 12.03.2024.
And whereas objections and suggestions have been received by the State
Government within the period specified above and the said objections have been
considered.
Now, therefore, 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, the Government of Karnataka hereby makes the following rules to
amend the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer
of Certain Lands) Rules, 1979, namely:-
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 in to force from the date of their final publication in
the official Gazette.
¨sÁUÀ – 4 J
Part – IVA
25
2024
04
1946)
BENGALURU, TUESDAY, 25, JUNE, 2024(ASHADHA, 04, SHAKAVARSHA, 1946)
. 309
No. 309
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/she thinks fit, shall 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/she
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 application along with
his/her recommendations on the permission for the transfer of land to the
Revenue Commissioner.
6. The Revenue Commissioner shall, on receipt of the report under sub-rule(5),
process the application and submit application along with his/her
recommendations on the permission for the transfer of land to the Additional
Chief
Secretary
/
Principal
Secretary
/
Secretary
(Revenue)
for
permission/decision of the Government for the transfer of land.
7. The Additional Chief Secretary/Principal Secretary/Secretary, (Revenue),on
the receipt of the application under sub-rule(6), and upon consideration of the
report submitted by the Tahasildar and recommendations submitted by the
Assistant
Commissioner,
Deputy
Commissioner
and
the
Revenue
Commissioner,
after
obtaining
permission/approval/decision
of
the
Government, shall convey the permission/ approval/decision on behalf of the
State Government to the Revenue Commissioner for the transfer of land.
8. Upon the receipt of the approval for the transfer of land Revenue Commissioner
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 Additional Chief
Secretary/Principal Secretary/Secretary, (Revenue), seeking a review of such order
within a period of thirty days of such order being issued.
3
3.Insertion of new Form III:-In the said rules, after Form II the following
shall be inserted, namely:-
Form – III (See rule 6(1))
1 Name of the Applicant
2 Name of the Grantee(As per Land Grant order)
3 Address of the Applicant
4 Aadhar No.of the Applicant
5
PAN of the Applicant
6
Source of income of 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)
16
Whether the resumption and restoration of granted land as
per PTCL act section -5 is done?
(Yes or No)
If yes,attach the order copy
1.Order No. and date
2.Which section of the act is violated
3.When will the prohibition period complete.
17
Whether the records are existing in the name of Grantee or
his successor? [Recent RTC/Will/partition deed/settlement
deed to be provided]
18 Whether the grantee/his successors are in the possession of
the land (as per Saguvali chit/ issue register)
19 Applicant’s caste (attach the certificate)
20 Encumbrance certificate from the date of grant till date
21 Reason for transfer:
22 Name and relationship of the successor of the Grantee
(family tree should be provided)
23 Buyer’s 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
4
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.
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: 2024.06.25 19:46:52 +05'30'