KARNATAKA SCHEDULED CASTES AND SCHEDULED
TRIBES (PROHIBITION OF TRANSFER OF CERTAIN LANDS) RULES, 1979
PREAMBLE
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, (Karnataka Act 2 of 1979), the Government of Karnataka hereby makes the
following rules, namely.
Rule - 1. Title and commencement.
(1)
These rules may be called the
Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain
Lands) Rules, 1979.
(2)
They shall come into force at once.
Rule - 2. Definitions.
In
these rules, unless the context otherwise requires.
(a)
"Act" means, the Karnataka
Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain
Lands) Act, 1978 (Karnataka Act 2 of 1979).
(b)
"Form" means, a form
appended to these rules.
(c)
"Prescribed Authority"
means, the Assistant Commissioner in charge of a revenue sub-division.
(d)
"Section" means, section of
the Act.
Rule - 3. Resumption and restitution of granted lands.
(1)
Every application by any interested
person under Section 5 shall be in Form I.
(2)
On receipt of an application or
information under sub-section (1) of Section 5, the Assistant Commissioner may
direct the applicant or informant, as the case may be, to furnish such further
particulars or information as may be required and fix a date for furnishing the
same.
(3)
After receipt of the particulars or
information if any, called for under sub-rule (2), the Assistant Commissioner
shall, by a notice in Form II, require the person or persons in possession of
the granted land to file objections, to the claim with documentary evidence, if
any, within such reasonable time, as the Assistant Commissioner may think fit
in the circumstances of the case.
(4)
The Assistant Commissioner shall fix a
date for hearing notice of which shall be given to the applicant or the
informant as the case may be, other interested persons and persons objecting
the claim. A copy of the notice shall also be affixed on the notice Board of the
Office of the Assistant Commissioner and the concerned Taluk Office.
(5)
Save as otherwise provided in these
rules, the Assistant Commissioner shall for the purpose of an enquiry under
Section 5, follow the procedure for a formal enquiry under Section 33 of the
Karnataka Land Revenue Act, 1964.
(6)
After enquiry, the Assistant
Commissioner shall consider all the objections raised and pass an order giving
reasons for his conclusions. Thereafter he may take possession of such land
after evicting the persons in possession thereof in the manner specified in
Section 39 of the Karnataka Land Revenue Act, 1964 and take further action as
provided in Section 5.
(7)
The provision of sub-rules (2) .to (6)
shall mutatis mutandis apply to suo motu action, if any taken by the Assistant
Commissioner.
Rule - 4. Manner of presenting appeal.
(1)
[Every appeal preferred under Section 5-A of the Act shall
be in the form of a Memorandum and shall he accompanied by a certified copy of
the order appealed from and by as many copies of the memorandum of appeal as
there are respondents.
(2)
Every such appeal shall be signed by
the appellant or by his authorised agent and presented in person or by an agent
or pleader or Advocate during office hours on any working day or sent by
registered post. An appeal presented by the holder of a power of attorney shall
be accompanied by the power of attorney.
(3)
Every such memorandum of appeal shall.
(a)
be either typewritten or written in
ink in clearly legible hand;
(b)
specify the name, father's name and
postal address of the appellant and of the respondent or opponent, as the case
may be;
(c)
contain a brief statement of the facts
of the case;
(d)
state the grounds of objection to the
order appealed from and the provisions of the law under which it is presented;
and
(e)
clearly state the grounds of appeal
and the relief claimed.
(4)
Every appeal preferred after the
expiry of the period specified in Section 5-A, of the Act shall be accompanied
by a separate application for condonation of delay supported by an affidavit
sworn to by the appellant.
(5)
Every such affidavit shall set forth
the cause title of the appeal and shall briefly state the facts relied upon as
sufficient cause for not preferring the appeal within the specified period.
(6)
The appellant shall pay a process fee
of Rupees 5 (Rupees Five) for service of notices on each respondent while
preferring the appeal or within such further time if any as the Deputy
Commissioner may allow.
(7)
In case of non-compliance with
sub-rules (1) to (6) or any of them, the appeal may be summarily rejected.
Rule - 5. Manner of disposal of appeal by the Deputy Commissioner.
(1)
The Deputy Commissioner shall issue a
notice, to the parties informing them that the appeal shall be heard on such
date and at such time and place as specified therein.
(2)
If the appellant does not appear on
the date fixed for hearing or any other date to which the hearing may be
adjourned, the Deputy Commissioner may make an order that the appeal be
dismissed,
(3)
Where the appellant appears and the
respondent does not appear on such date as specified in the notice, the appeal
may be heard ex parte.
(4)
The appellant or respondent as the
case may be aggrieved by art order passed under sub-rule (2) or sub-rule (3)
may prefer an application along with an affidavit within thirty days from the
date of said order to set aside the same. If the Deputy Commissioner is
satisfied that the-appellant or the respondent as the case may be, was
prevented by sufficient cause from appearing before him on the said date, he
shall as the case may be readmit the appeal or set aside the ex parte order on
such term as to costs as he thinks fit.
(5)
The Deputy Commissioner may call for
and obtain records of the case in which appeal is preferred from the Assistant
Commissioner.
(6)
On the date fixed or to any other date
to which the appeal may be adjourned, the Deputy Commissioner shall after
hearing the parties or their agents, pass sum orders on the appeal, as he deems
fit.]
SCHEDULE
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Surve No.
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Extent of Land granted
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Assessment
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1
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2
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3
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(to be specified)
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(to be specified)
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(to be specified)
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Boundaries of the land.
EAST WEST NORTH SOUTH
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Place:
Signature
Dated:
Assistant
Commissioner.
To
Sri.................
....................
FORM I
[See Rule 3 (2)]
APPLICANT
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1.
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Name of the Applicant (grantee) with full address
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2.
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Nature of the land i.e., garden or wet or dry with assessment
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Extent
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3.
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Details of the land
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Village/Taluk
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Survey
Nos.
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Areas
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Guntas
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4.
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Name(s) of the purchaser or exchanger or mortgager or lessee etc, as
the case may be, (with full address)
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5.
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Nature of acquiring the land by the grantee (i.e., either granted under
Dharkast rules or other special rules with order No. and date of sanction)
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6.
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Total amount for which the granted land has been disposed and
particulars of the registered document if any
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7.
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Brief reasons for the disposal
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8.
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Any other relevant information in support of the claim
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I…..................the
applicant above named do hereby declare that what is stated above is true to
the best of my knowledge information and belief.
Place:
Signature
of the Applicant
Dated:
(Grantee).
FORM II
[See Rule 3(3)]
SHOW-CAUSE NOTICE
To
Shri/Smt.
................. . . .
(Full
address)
Whereas,
you have purchased or mortgaged-or ( sic )....
. .........the land more fully described in the schedule hereunder in violation
of the conditions of the grant of such land from Sri...... ...........(Full
address) which was granted to him under dharkast or ......................................
And, whereas, such transfer is null and void under Section 4 of the Karnataka
Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of, Certain
Lands) Act, 1978 (Karnataka Act 2 of 1979);
Now,
therefore, you are hereby required to show-cause within fifteen days from the
date of service of this notice as to why the lands so purchased should not be
restored to Sri...........or his heirs i.e., Sriyuths.................
If
no reply is received from you within the time stipulated it will be presumed
that you have nothing to say in the matter and action will be taken in
accordance with law.