Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 Section 5A - Bare Act |
| State | Karnataka Government |
| Year | 1978 |
| Section Title | Appeal to the Deputy Commissioner |
1[5A. Appeal to the Deputy Commissioner
(1) Any person aggrieved by an order passed after the commencement of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (Amendment) Act, 1984 by the Assistant Commissioner to take possession of land under clause (a) of sub-section (1) of section 5 or to restore the land under clause (b) of the said sub-section may prefer an appeal to the Deputy Commissioner having jurisdiction within a period of three months form the date on which the order was communicated to him:
Provided that the Deputy Commissioner may admit an appeal preferred against such order after the period referred to in sub-section (1) if satisfied that the appellant had sufficient cause for not preferring the appeal within that period:
Provided further that the Deputy Commissioner shall admit an appeal against an order passed by the Assistant Commissioner before the date of such commencement if, on the said date, a writ petition preferred against such order or an appeal preferred against the order passed in such writ petition is pending in any court.
2[(1A) Any person aggrieved by an order passed after the commencement of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (Amendment) Act, 1992, by the Assistant Commissioner under sub-section (1A) of section 5, may prefer an appeal to the Deputy Commissioner having jurisdiction within a period of three months form the date on which the order was communicated to him:
Provided that the Deputy Commissioner may admit an appeal preferred against such order after the period referred to in sub-section (1A), if satisfied that the appellant had sufficient cause for not preferring the appeal within that period:
Provided further that the Deputy Commissioner shall admit an appeal against an order passed by the Assistant Commissioner holding that transfer of any granted land is not null and void before the date of such commencement, if, on the said date, a writ petition preferred against such order or an appeal preferred against the order passed in such writ petition is pending in any court.]
(2) The Deputy Commissioner shall dispose of the appeal in the prescribed manner and the order passed by him shall be final.]
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1. Sub-section 1, 1A, 2 inserted by Act 3 of 1984 w.e.f. 3.3.1984.
2. Inserted by Act 8 of 1992 w.e.f. 13.4.1992.