Strengthening Land Rights: The Introduction of Rule 6 in the PTCL (Amendment) Rules, 2024

Posted On - 4 October, 2024 • By - Arsalan Zaidi S M

The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act), is a landmark legislation aimed at protecting the land rights of the marginalized Scheduled Castes (SC) and Scheduled Tribes (ST). Section 3(b) of the Act defines “Granted Land” as any land granted by the government to a person belonging to a Scheduled Caste or Scheduled Tribe. These lands are subject to the provisions of the Act and cannot be transferred without prior permission from the government. The PTCL Act has undergone significant amendments, one of which is the introduction of Rule 6 through the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (Amendment) Rules, 2024, to the Karnataka Scheduled Castes and Scheduled Tribes (Prevention of Transfer of Certain Lands) Rules, 1979.

This amendment is aimed at enhancing the process of land transfer while ensuring that the protections for Scheduled Castes and Scheduled Tribes are upheld. The newly introduced Rule 6 outlines the procedure for obtaining prior permission for the transfer or acquisition of granted lands. It mandates that grantees or their legal heirs who wish to transfer or acquire granted land must now apply for prior permission in Form III from the local Tahsildar. This application process is designed to ensure that all requests for land transfer are formally documented and reviewed.

The steps involved in this process are as follows:

  1. Application for permission – Any grantee or their legal heirs who wish to transfer granted land must apply for prior permission using Form III. The application must be submitted in person to the Tahsildar of the concerned taluk where the land is situated.
  2. Verification Process – The Tahsildar will conduct inquiries and verify the documents submitted. A report detailing these findings is then submitted to the Assistant Commissioner.
  3. Assistant Commissioner’s Review – The Assistant Commissioner will review the report and recommend to the Deputy Commissioner whether permission for the transfer should be granted. The Assistant Commissioner has the power to conduct an inquiry to ascertain the presence of coercion, misrepresentation, fraud, or incorrect valuation of the land. If any of these are established, the Assistant Commissioner shall recommend denying permission for the transfer.
  4. Scrutiny and Approval Process – The application undergoes additional scrutiny at various levels, starting with the Deputy Commissioner, followed by the Revenue Commissioner, and ultimately reaching the Additional Chief Secretary/Principal Secretary/Secretary (Revenue), who will communicate the permission, approval, or decision on behalf of the State Government to the Revenue Commissioner for the land transfer.
  5. Issuance of Permission – Upon receiving approval, the Revenue Commissioner issues an order granting permission for the transfer, which includes removing any flags indicating PTCL restrictions on the land.
  6. Appeal Process – If any party is aggrieved by the decision, they can file a representation to the Revenue authorities within 30 days, seeking a review.

Implications of the Rules

  1. Stricter Restrictions on Land Transfer – It further tightens the rules around transferring lands that belong to the SC/ST individuals, ensuring that these lands cannot be sold or transferred to non-tribal communities without proper legal approval.
  2. Increased Legal Oversight – The government will have more authority to oversee and reverse illegal or improper land transfers that violate the rights of SC/ST landholders.
  3. Enhanced Protection – The amendment is designed to prevent exploitation and protect vulnerable communities from losing their lands through illegal transactions or coercion.

Conclusion

The 2024 amendments to the PTCL Rules strengthen the land transfer process for SC/ST communities, ensuring better protection through stricter regulations, mandatory approvals, and enhanced oversight to prevent exploitation.