The Karnataka Scheduled

Castes and Scheduled Tribes

(Prohibition of Transfer of
Certain Lands)Act, 1978
Presentation by:
Swaroop. S
Intern

INTRODUCTION
The Act received presidential assent on 18-12-1978.
The Act was published in the Karnataka Gazette,
Extraordinary on 01-12-1978.
The Act came into force from 01-01-1978.

OBJECT OF THE ACT

The Act is one of those legislative programmes intended to do justice to the weaker
sections of society by affirmative action. The Scheduled Castes and Scheduled Tribes
are Constitutionally recognised as the weaker sections and the benefits of these Acts
are intended for them. The Act may be described as the product of a restructure of
property rights in a developing society against the setting of the egalitarian order
envisaged by the Constitution of India with the interests of the weaker sections of the
people paramount. It must be understood that the Act is not intended to be a mere
palliative to appease the weaker sections but is an ancillary legislative measure
intended to back up affirmative action and preferential treatment, in the widest sense.
The administration and enforcement of the Act is an onerous responsibility fastened on
the Government Officials who are in charge or public administration duly invested with
the power by the statute in rising to the call of duty in the amelioration of the
economic conditions of the weaker sections of society who are plagued by graded
inequality.
Justice Sri. H.G. Balakrishna.
H.A. Jayaram Vs. State of Karnataka (1989) 2 KarLJ 161

OVERVIEW
1. Short title and commencement.
2. Declaration under article 31C of the Constitution.
3. Definitions.
4. Prohibition to transfer of granted lands.
5. Resumption and restitution of granted lands.
5A. Appeal to the Deputy Commissioner.
6. Prohibition of registration of transfer of granted
lands.
7. Exemption.
8. Penalty, etc.
9. Protection of action taken in good faith.
10. Power to make rules.
11. Act to override other laws.
12. Power to remove difficulties.

12 Sections
Subjected to two
amendments as on
date.
Amending Act 3 of
1984
Amending Act 8 of
1992

PREAMBLE
An Act to provide for the prohibition of transfer of certain
lands granted by the government, to persons belonging to
the scheduled castes and scheduled tribes in the state,
which means any land granted to the landless agricultural
labourers belonging to scheduled castes and scheduled
tribes, cannot be purchased. Anyone who purchases such a
property, will not get clear and marketable title; such
property will be eventually acquired by Government and
returned to the original owner without any compensation to
the purchaser.

Section 1: Short title and

commencement.
(1) This Act may be called the Karnataka Scheduled
Castes and Scheduled Tribes (Prohibition of Transfer of
Certain Lands) Act, 1978. (2) It shall come into force at
once.

Section - 2: Declaration under

article 31C of the Constitution.
That the discrimination provided by this Act is saved by
Article 31C of the Constitution which empowers the
state to make laws abridging the fundamental rights in
order to give effect to part IV of the Constitution.
This Act gives effect to Article 46 which directs the state
to make laws for the protection of the interests of the
weaker sections of the society.

Section 3: Definitions
(a) bank
(b) granted land
(c) Government
(d) Scheduled Castes and Scheduled Tribes
(e) transfer
(2) Words and expressions 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)
Lands granted before or after commencement of this Act shall not be
transferred by the virtue of agreement, contract or any other mode of
conveyance and such transfer shall not create any rights and will be
null and void.
(2)
No person shall transfer or acquire and such land after the
commencement of this Act except by the permission of Government.
(3)
Provisions under (1) and (2) shall apply to sale of any land in execution
of a decree or order of Civil Court or award by any other authority.

Important case laws with respect to

Section 4.
Not violative of Article 14. Protected under reasonable discrimination. - Manchegowda Vs.
State AIR 1984 SC 1151.
Transfer of granted land in breach of grant is void. Government is entitled to resume
land and restore it to grantee or his legal heirs. Transferee also belongs to SC or ST like
grantee is of no consequence nor a defence. - P. Surya Prakash Vs. The Deputy Commissioner
2004(1)KLJ 248.
Even after the expiry of non- alienation period, the grant land cannot be sold unless the
prior permission of the Government is procured. Veeramma Vs. DC ILR 2005 Kar. 1381.
Statutory duty vested in the Government to restore the land to the original grantee in
case of conveyance of grant land. N. Kempanna Vs. State 1997 (5) KLJ 479.
Grant of land with non-alienation clause is to be attracted to grant if grant is free of cost
or is for the price less than full market value. B.N. Yagatappa Vs. Gadlappa 1997 (7) KLJ 377.
Adverse possession of grant land (30 years) completed prior to commencement of this
Act is saved from the provisions of this Act. ILR 1993 (3) Kar. 2108.

Section 5: Resumption and

restitution of granted lands
(1)
On the application made by interested person or any person or suo motu, Assistant
Commissioner upon enquiry is satisfied that the land has been transferred in
violation to Section 4(1), can evict such person in possession by order after giving
reasonable opportunity of being heard;
(b) Restore such land to the grantee or legal heir or the government to take
possession in case of restoration not practical and further allot to SC & ST.
(2)
The order of AC to be final and no court shall interfere in the same subject to the
order of the DC under Section 5-A.
(3)
Where the granted land is in the possession of any other person other than the
grantee or his legal heir, it shall be presumed that such possession is null and void.

Important case laws with respect to

Section 5.
Restoration of grantee is an incumbent duty upon AC. Mere non appearance on the day of enquiry will
not deprive him of such right of resumption. Motappa Vs. Deputy Commissioner 1997 (5) KLJ 574
Information of violation of Section 4 can be given by any person. A person who is not interested in the
land can also give information and the proceedings maybe initiated. Umar Haji Vs. D.C. ILR 1992 (3)
Kar. 2145.
Order of resumption cannot be made without serving due notice to the person possessing the
land(alienee). Gowramma Vs. State of Karnataka 1998 (5) KLJ 702.
Section 51 of T.P Act which protects the rights of person who has bought the property in good faith
shall not be applicable to the alienee under this Act as it is a special legislation. Chennappa Vs. State
ILR 1993 Kar. 1589.
Limitation Act Article 137 not applicable in placing the application before A.C as the authority is not
Civil Court. R. Rudrappa Vs. Deputy Commissioner 2000(1) KLJ 523.
Writ jurisdiction of the High Court only if there is manifest error or violations of fundamental principles
of Justice. T.K. Purushottam Vs. S.C 2000(1) KCCR 439.
No adverse possession can be claimed against the state as the person cannot perfect the title or claim
any title. Bheemappa Vs. Halya Naika 2004 (4) KCCR 2485

Section 5A: Appeal to the Deputy

Commissioner.
(1)
Any person aggrieved by order of A.C under Section 5(1) can
prefer an appeal to the D.C within the period of 3 months from
the date on which such order was made.
Provided that the D.C shall condone the delay in filing the
appeal if there was any sufficient cause.
(2)
The Deputy Commissioner shall dispose of the appeal in the
prescribed manner and the order passed by him shall be final.

Important case laws with respect to

Section 5A.
D.C entertained an appeal and passed order unsettling the previous order
passed by himself. Held: same authority cannot reverse the order passed
under Section 5A. V. Hanumanthaiah Vs. State 2005(94) KCCR SN 290.
If D.C fail to accord reasons for his order, it shall not be valid. Ningamma
Vs. Siddaraju 1999 (4) KLJ 673.
A.C order rejecting the restoration of land already alienated cannot be
appealed to D.C. The only recourse is WP under Art. 226. Only alienee can
prefer an appeal to D.C on restoration. Nagamma Vs. State of Karnataka
1998 (2) KLJ 170.
The power under Art. 226 is wide enough to correct the error committed
by the AC and issue proper orders. - Nagamma Vs. State of Karnataka 1998 (2)
KLJ 170.
Assistant commissioner cannot review his own order. No such powers
given in this Act. Hutchegowda Vs. Deputy Commissioner 1992 (1) KLJ 289.

Section 6: Prohibition 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 registrating 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, a local authority or a bank either before or
after the 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 months 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 subsection (1) shall be cognizable.

Case law on Section 8:

On the facts, the resumption of land was upheld.
Tahsildar to pay costs of Rs. 1,000/- for his default.
Jayaram H.A. Vs. State of Karnataka 1989(2) KLJ 161.

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 or for any injury suffered or likely to be suffered
by virtue of any provision of this Act or for anything

Section 10: Power to make rules.

(1) The Government, may, by notification, make 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 State
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, and if
before the expiry of the session immediately following the sessions or
successive sessions aforesaid both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be
made, the rule, shall, from the date on which the modification or
annulment is notified, have effect only in such modified form or shall stand
annulled, as the case may be; so however, that any such modification or
annulment shall be without prejudice 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 therewith
contained in any other law for the time being in force or
any custom, usage or contract or any decree or order of a
court, tribunal or other authority.

Section 12: Power to remove

difficulties.
If any difficulty arises in giving effect to the provisions of
this Act, the Government may by general or special order
published in the official Gazette, make such provisions
not inconsistent with the provisions of this Act as appear
to them to be necessary or expedient for the purpose of
removing the difficulty: Provided that no such order shall
be made after the expiration of two years form the
commencement of this Act.

CONCLUSION

THANK YOU!