The Karnataka Land Grabbing Prohibition Act, 2011

Karnataka Act No. 38 of 2014

9th October 2014

An Act to provide for measures to curb organized attempts to grab lands whether belonging to the Government, wakf or the Hindu Religious Institutions and Charitable Endowments, local authorities or other statutory or non-statutory bodies owned or controlled or managed by the Government. And whereas such land grabbers are forming bogus cooperative housing societies or setting up fictitious claims and indulging in large scale, unprecedented and fraudulent sale of such lands through unscrupulous real estate dealers or otherwise in favour of certain sections of the people resulting in large accumulation of unaccounted wealth and quick money to land grabbers and thereby adversely affecting public order; And whereas, having regard to the resources and influence of the persons by whom, the large scale, on which and the manner in which, the unlawful activity of land gra

Read full Act

S.1 Short title, application and commencement

(1) This Act may be called the Karnataka Land Grabbing Prohibition Act, 2011.

(2) It applies to land belonging to the Government, Wakf or the Hindu Religious Institutions and Charitable Endowments, local authority or any statutory or non-statutory body owned, controlled or managed by the Government in the State of Karnataka.

(3) It shall come into force at once.

S.2 Definitions

In this Act, unless the context otherwise requires,-

• (a) "Charitable Endowment" means Charitable Endowment as defined in sub-section (5) of section 2 of the Hindu Religious Institutions and Charitable Endowments Act, 1997 (Karnataka Act 33 of 2001);
• (b) "Government" means the State Government;
• (c) "Hindu Religious Institution" means the Hindu Religious Institution as defined in sub-section (17) of section 2 of the Hindu Religious Institutions and Charitable Endowments Act, 1997 (Karnataka Act 33 of 2001);
• (d) "Land" includes,-
  • (i) land belonging to the Government, Wakf or the Hindu Religious Institutions and Charitable Endowments, a local authority, a statutory or non statutory body owned, controlled or managed by the Government;
  • (ii) rights in or over land, benefits to arise out of land, and buildings, structures and other things attached to the earth or permanently fastened to anything attached to the earth;

S.3 Land grabbing to be unlawful

Land grabbing in any form is hereby prohibited and declared unlawful and any activity connected with or arising out of land grabbing shall be an offence punishable under this Act.

S.4 Prohibition of land grabbing

(1) No person shall commit or cause to be committed land grabbing, by himself or through any other person.

(2) Any person who, on or after the commencement of this Act, continue to be in occupation, otherwise than as a lawful tenant, of a grabbed land belonging to the Government, Wakf, Hindu Religious Institution and Charitable Endowments, local authority, statutory or non-statutory body owned, controlled or managed by the State Government shall be guilty of an offence under this Act.

(3) Whoever contravenes the provisions of sub-section (1) or sub-section (2) shall on conviction, be punished with imprisonment for a term which shall not be less than one year but which may extend to three years, and with fine which may extend to twenty five thousand rupees.

S.5 Penalty for other offences in connection with land grabbing

Whoever, with a view to grabbing land in contravention of the provisions of this Act or in connection with any such land grabbing,-

• (a) sells or allots, or offers or advertises for sale or allotment, or has in his possession for the purpose of sale or allotment any land grabbed;
• (b) instigates or incites any person to commit land grabbing;
• (c) uses any land grabbed or causes or permits knowingly to be used for purposes, connected with sale or allotment; or
• (d) enters into an agreement for construction of any structure or buildings on such land;
• (e) causes or procures or attempts to procure any person to do any of above mentioned acts;

shall, on conviction, be punished with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which may extend to twenty five thousand rupees.

S.6 Offences by companies

(1) Where an offence against any of the provisions of this Act or any rule made thereunder has been committed by a company, every person who at the time of the offence was committed, was in charge of and was responsible to the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of the such offence.

(2) Notwithstanding anything contained in sub-section (1), where any such offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of

S.7 Constitution of Special Courts

(1) The Government may, for the purpose of providing speedy enquiry into any alleged act of land grabbing, and trial of cases in respect of the ownership and title to, or lawful possession of, the land grabbed and those offences specified in Chapter XIV-A of the Karnataka Land Revenue Act, 1964, by notification, constitute a Special Court.

(2) A Special Court shall initially consist of a Chairman and four other members, to be appointed by the Government.

(3) The Chairman shall be a person who is or was a judge of a High Court and of the other four members, two shall be persons who are or were District Judges (hereinafter referred to as Judicial Members) and the other two members shall be persons who hold or have held a post not below the rank of a Deputy Commissioner of the District (hereinafter referred to as Revenue Members):

Provided that the appointment of a person who was a Judge of a High Court as the Chairman of the Special Court shall be made after cons

S.8 Authorization of officers

The Government, may, by notification, authorize an officer of the Government, not below the rank of Tahsildar, to be the officer responsible for administration and effecting implementation of the provisions of this Act, initiate legal action against the persons contravening the provisions of this Act and exercise such powers and performs such functions, in respect of such area, as may be specified in the notification.

S.9 Procedure and powers of the Special Courts

(1) The Special Court may, either suo-moto or on application made by any person, officer or authority take cognizance of and try every case arising out of any alleged act of land grabbing or with respect to the ownership and title to, or lawful possession of, the land grabbed or offences specified in Chapter XIV-A of the Karnataka Land Revenue Act, 1964 whether before or after the commencement of this Act, and pass such orders including orders by way of interim directions as it deems fit.

(2) The Special Court shall for the purpose of taking cognizance of the case, consider the location, or extent or value of the land alleged to have been grabbed or of the substantial nature of the evil involved or in the interest of justice required or any other relevant matter.

(3) In respect of an alleged act of land grabbing or the determination of questions of title and ownership to, or lawful possession of any land grabbed under this Act and offences specified in Chapter XIV-A o

S.10 Special Court to have the powers of the Civil Court and the Court of Session

Save as expressly provided in this Act, the provisions of the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973, in so far as they are not inconsistent with the provisions of this Act, shall apply to the proceedings before the Special Court and for the purposes of the provisions of the said enactments, Special Court shall be deemed to be a Civil Court, or as the case may be, a Court of Sessions and shall have all the powers of a Civil Court and a Court of Sessions and person conducting a prosecution before the Special Court shall be deemed to be a Public Prosecutor.

S.11 Burden of proof

Where in any proceedings under this Act prima facie proved to be the land owned by the Government, the Special Court shall presume that the person who is alleged to have grabbed the land is a land-grabber and the burden of proving that the land has not been grabbed by him shall be of such person.

S.12 Staff of the Special Court

(1) The chairman of the Special Court may appoint officers and other employees required to assist the Special Court in the discharge of its functions under this Act.

(2) The categories of officers and employees who may be appointed under sub-section (1), their salaries, allowances, method of recruitment and other conditions of service and the administrative powers of the Chairman of the Special Court shall be such as may be prescribed, after consultation with the Chairman.

S.13 Power to try offences

All offences punishable under this Act shall be cognizable. Every offence punishable under this Act shall be tried by a magistrate of the first class specially empowered by the Government in this behalf by notification in the official gazette wherever Special Court is not constituted.

S.14 Persons acting under the Act to be public servants

Every person acting under the provisions of this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

S.15 Protection of persons acting in good faith

No suit, prosecution or other legal proceeding shall lie against any officer or employee of the Special Court or any officer of the Government for anything done in good faith or intended to be done under this Act or the rules made thereunder.

S.16 Act to override other laws

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or custom, usage or agreement or decree or order of a court or any other tribunal or authority.

S.17 Review

The Special Court may in order to prevent the miscarriage of justice review its judgment or order passed under section 9 but no such review shall be entertained except on the ground that it was passed under a mistake of fact, ignorance of any material fact or an error apparent on the face of the record:

Provided that it shall be lawful for the Special Court to admit or reject review petitions in circulation without hearing the petitioner:

Provided further that the Special Court shall not allow any review petition and set aside its previous order or judgment without hearing the parties affected.

S.18 Power to make rules

(1) The Government may, by notification, after previous publication make rules for carrying out the purposes of this Act.

(2) Every rule made under this section shall, immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session in the session immediately following, for a total period of fourteen days which may be comprised in one session, or in two successive sessions and if before the expiration of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

S.19 Power to make regulations

(1) The Special Court may, by notification, with the concurrence of the Government, make regulations not inconsistent with the provisions of this Act or the rules made thereunder relating to the procedure to be followed for the conduct of the cases and for regulating the manner of taking decisions.

(2) The Special Court shall give a public notice of the substance of such regulations for the information of the general public.

(3) Every regulation made under this section shall, immediately after it is made, be laid before such House of the Legislature of the Sate if it is in session, and if it is not in session in the session immediately following the session immediately following and if in two successive sessions and if before the expiration of the session in which it is so laid or the session immediately following the State Legislature agrees in making any modifications in the regulation or in the annulment of the regulation, the regulation shall, from the date on whi

S.20 Transfer of pending cases

Any case, pending before any court or other authority immediately before the constitution of a Special Court, as would have been within the jurisdiction of such Special Court, shall stand transferred to the Special Court as if the cause of action on which such suit or proceeding is based had arisen after the constitution of the Special Court.

S.21 Prohibition of alienation of lands grabbed

Any transaction relating to an alienation of a land grabbed or any part thereof by way of sale, lease, gift, exchange, settlement, surrender, usufructuary mortgage or otherwise, or any partition effected or a trust created in respect of such land, which has taken place whether before or after the commencement of this Act shall, except to the extent ordered by the Special Court be null and void.