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Start Free TrialKarnataka Land (Restriction on Transfer) Act, 1991 Complete Act
Title: Karnataka Land (Restriction on Transfer) Act, 1991
State: Karnataka
Year: 1991
Preamble 1 - KARNATAKA LAND (RESTRICTION ON TRANSFER) ACT, 1991 Section 1 - Short title, extent and commencement Section 2 - Definitions Section 3 - Prohibition on transfer of lands acquired by Government Section 4 - Regulation of transfer of lands in relation to which acquisition proceedings have been initiated Section 5 - Application for grant of permission of transfer under section 4 Section 6 - Appeals against orders of competent authority Section 7 - Period of operation of orders of refusal to grant permission to transfer land Section 8 - Restrictions on registration of transfer of land Section 9 - Penalty Section 10 - Offences by companies Section 11 - Power to make rules
List Judgments citing this sectionKarnataka Land (Restriction on Transfer) Act, 1991 Preamble 1
Title: Karnataka Land (Restriction on Transfer) Act, 1991
State: Karnataka
Year: 1991
THE KARNATAKA LAND (RESTRICTION ON TRANSFER) ACT, 1991 [Act, No. 17 of 1992]1 [12th May, 1992] PREAMBLE An Act to impose certain restrictions on transfer of land which have been acquired by Government or in respect of which acquisition proceedings have been initiated by the Government, with a view to preventing large scale transaction of purported transfer, or as the case may be, transfers of such lands to unwary public; WHEREAS it is expedient to impose certain restrictions on transfer of land which have been acquired by Government or in respect of which acquisition proceedings have been initiated by the Government, with a view to preventing large scale transaction of purported transfer, or as the case may be, transfer of such lands to unwary public and for the purposes hereinafter appearing; BE it enacted by the Karnataka State Legislature in the Forty-second Year of the Republic of India, as follows;- __________________________ 1.First published in the Karanataka Gazette Extraordinary on the Sixteenth day of May, 1992.
View Complete Act List Judgments citing this sectionKarnataka Land (Restriction on Transfer) Act, 1991 Section 7
Title: Period of Operation of Orders of Refusal to Grant Permission to Transfer Land
State: Karnataka
Year: 1991
Where the competent authority has made any order under section 5 refusing to grant permission to transfer any land or where, an appeal having been filed against such order, the prescribed authority has made an order under section 6 confirming such order, then the order refusing to grant permission to transfer such land shall be in operation only for a period of three years from the date of the order made by the competent authority or the prescribed authority; as the case may be and thereafter, but subject to the provision of section 3, it shall be lawful for the person who has applied for permission, or his successor-in-interest, to transfer such land by sale, mortgage, gift, lease or otherwise. Explanation In computing the period of three years under this section, in relation to any land, the period during which the acquisition proceedings in relation to such land have been stayed by any court shall be excluded.
View Complete Act List Judgments citing this sectionKarnataka Land (Restriction on Transfer) Act, 1991 Section 4
Title: Regulation of Transfer of Lands in Relation to Which Acquisition Proceedings Have Been Initiated
State: Karnataka
Year: 1991
No person shall, except with previous permission in writing of the competent authority, transfer, or purport to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof situated in any urban area which is proposed to be acquired in connection with the Scheme in relation to which the declaration has been published under Section 19 of the Bangalore Development Authority Act, 1976 or section 19 of the Karnataka Urban Development Authorities Act, 1987.
View Complete Act List Judgments citing this sectionKarnataka Land (Restriction on Transfer) Act, 1991 Section 8
Title: Restrictions on Registration of Transfer of Land
State: Karnataka
Year: 1991
Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions of clause (a) to clause (e) of sub-section (1) of section 17 of the Registration Act, 1908 (Central Act 16 of 1908) purports to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof referred to in section 4, no registering officer appointed under that Act shall register any such document unless the transferor produces before such registering officer a permission in writing of the competent authority for such transfer.
View Complete Act List Judgments citing this sectionKarnataka Land (Restriction on Transfer) Act, 1991 Section 3
Title: Prohibition on Transfer of Lands Acquired by Government
State: Karnataka
Year: 1991
No person shall purport to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof situated in any urban area which has been acquired by the Government under the Land Acquisition Act, 1894 (Central Act 1 of 1894) or any other law providing for acquisition of land for a public purpose.
View Complete Act List Judgments citing this sectionKarnataka Land (Restriction on Transfer) Act, 1991 Section 5
Title: Application for Grant of Permission of Transfer Under Section 4
State: Karnataka
Year: 1991
.....application in writing to the competent authority containing such particulars as may be prescribed. (2) On receipt of an application under sub-section (1), the competent authority shall, after making such enquiry as it deems fit, may by order in writing, grant or refuse to grant the permission applied for. (3) The competent authority shall not refuse to grant the permission applied for under this section except on one or more of the following grounds, namely:- (i) that the land is needed or is likely to be needed for the effective implementation of the scheme; (ii) that the land is needed or is likely to be needed for securing the object of the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 or any Urban Development Authority constituted under the Karnataka Urban Development Authorities Act, 1987; (iii) that the land is needed or is likely to be needed for such times as public buildings and other public works and utilities, roads, housing, recreation, industry, business markets, schools and other educational institutions, hospitals and public open spaces and other categories of public uses. (4) Where the competent.....
View Complete Act List Judgments citing this sectionKarnataka Land (Restriction on Transfer) Act, 1991 Section 1
Title: Short Title, Extent and Commencement
State: Karnataka
Year: 1991
(1) This Act may be called as the Karnataka Land (Restriction on Transfer) Act, 1991. (2) It extends to the whole of the State of Karnataka. (3) It shall come into force on such1[date] as the Government may by notification specify and different dates may be specified for different urban areas. _______________________________ 1. Act came into force in 22 urban areas on 1.8.1992 by notification.Text of the notification is at the end of the act.
View Complete Act List Judgments citing this sectionKarnataka Land (Restriction on Transfer) Act, 1991 Section 2
Title: Definitions
State: Karnataka
Year: 1991
In this Act, unless the context otherwise requires,- (a) "competent authority" means any person or authority not below the rank of a Deputy Commissioner of the district authorised by the Government by notification, to perform the functions of competent authority under this Act for such areas as may be specified in the notification; (b) "Government" means the State Government; (c) "prescribed" means prescribed by rules made under this Act; (d) "scheme" means the development scheme drawn up under section 15 of the Bangalore Development Authority Act, 1976 or the Karnataka Urban Development Authorities Act, 1987 and which has been sanctioned by the Government; (e) "urban area'' means,- (i) the Bangalore metropolitan area as defined in the Bangalore Development Authority Act, 1976; (ii) an urban area for which an Urban Development Authority is constituted, under sub-section (1) of section 3 of the Karnataka Urban Development Authorities Act, 1987.
View Complete Act List Judgments citing this sectionKarnataka Land (Restriction on Transfer) Act, 1991 Section 6
Title: Appeals Against Orders of Competent Authority
State: Karnataka
Year: 1991
(1) Any person aggrieved by an order of the competent authority under section 5 may, within thirty days of the date of receipt of the order by him, file an appeal to the prescribed authority in such form and containing such particulars as may be prescribed. (2) On receipt of an appeal under sub-section (1), the prescribed authority shall, after giving the appellant an opportunity of being heard in the matter dispose of the appeal as expeditiously as possible. (3) Every order made by the prescribed authority in appeal under this section shall be final.
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