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.
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