What Are The Rules For Buying Land Of Scheduled Caste?

Purchasing land in India may be complicated, and it is particularly sensitive and complicated when it comes to land owned by Scheduled Castes (SC) or Scheduled Tribes (ST) because of past injustices and constitutional protection of the vulnerable areas from exploitation and deprivation of their land. Knowing the specific legal provisions, the state-wise nuances, and the exact procedure is critical to anyone thinking of buying land, let alone as an SC themselves. Non-compliance can create serious legal ramifications, such as the deal being invalidated, and the land reverting back to the original owner.

In this article, you will get to read about:

• Major Legal Provisions Involved.
• Can SC Land Be Sold to a General Category Buyer?
• Procedure to Buy Land from an SC Owner.
• Relevant Case Law.

Major Legal Provisions Involved

The protective measures for SC/ST land are rooted in the Indian Constitution and various state-specific legislations. The primary aim is to prevent the deprivation of land from these historically marginalized communities, who often depend on land for their livelihood and social security.

While land laws fall under the State List (Entry No. 18 of the Seventh Schedule) of the Constitution, allowing states to legislate on the matter, the spirit of central laws and constitutional provisions guides these state enactments.

Key legal provisions include:

Article 46 of the Constitution of India

According to Article 46 of the Directive Principles of State Policy, "The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular of the Scheduled castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation," which includes protection of their land rights.

Fifth Schedule to the Constitution (Article 244(1))

This schedule deals with the administration and control of Scheduled Areas and Scheduled Tribes in any state other than Assam, Meghalaya, Tripura, and Mizoram. Governors in these states have the power to make regulations to prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such areas.

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act)

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act) aims to prevent atrocities against SCs and STs. Section 3(1)(f) of the PoA Act makes it an offense to wrongfully dispossess a member of a Scheduled Caste or a Scheduled Tribe from their land or premises or interfere with their enjoyment of rights over any land.

State-specific Land Revenue Codes / Land Reforms Acts / Tenancy Acts

Almost every state has enacted specific laws to regulate the transfer of SC/ST land. These are the most critical laws to refer to for practical purposes. Examples include:

Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act)

The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act) is a significant legislation for the protection of SCs and STs land rights in Karnataka, which prohibits the transfer of what is known as "granted lands", where 'granted lands' is land that the government first allocated to Scheduled Castes and Scheduled Tribes, when to transfer that land grossly violates the terms of the original grant or otherwise the provisions of the Act. Any transfer prohibited under the Act is void, whether it occurred before or after the commencement of the Act, and the Assistant Commissioner has the power to recover the land and restore it to the original grantee or their legal heirs. This Act plays an important role in controlling the exploitation as well as ensuring the economic advancement of Scheduled Castes and Scheduled Tribes.

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Section 157-A)

Section 157-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, imposes restrictions on the transfer of land by members of Scheduled Castes (SCs). It mandates that a bhumidhar (landholder) or asami (tenant) belonging to an SC cannot transfer land by way of sale, gift, mortgage, or lease to a person not belonging to an SC without the Collector's prior approval. This provision aims to protect the economically vulnerable SC communities from exploitation and ensure their continued land ownership.

Rajasthan Tenancy Act, 1955 (Section 42)

Section 42 of the Rajasthan Tenancy Act, 1955, is a crucial provision that prohibits the transfer of agricultural land by a member of a Scheduled Caste or Scheduled Tribe to a person who does not belong to an SC or ST community. Any such sale, gift, or bequest of land in contravention of this section is declared void ab initio (invalid from the outset). This section aims to protect the land rights of marginalized communities and prevent their exploitation in land transactions.

Maharashtra Land Revenue Code, 1966 (Section 36A)

Section 36A of the Maharashtra Land Revenue Code, 1966, specifically imposes restrictions on the transfer of occupancies belonging to Tribals. It mandates that no land of a tribal can be transferred to a non-tribal by way of sale, gift, exchange, mortgage, lease, or otherwise, without the prior sanction of the Collector. Any such transfer made in contravention of this provision is deemed null and void, and the Collector is empowered to take suo motu action for the restoration of the land to the tribal or the State Government. This section aims to protect the land rights of Scheduled Tribes and prevent their exploitation.

Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956

Section 36A, as part of the Orissa (now Odisha) Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956, was primarily introduced through amendments to further strengthen the protection of tribal land rights. While the exact wording of Section 36A itself might vary slightly with subsequent amendments, its core purpose is to regulate and restrict the transfer of land belonging to Scheduled Tribes (STs) in Scheduled Areas to non-ST persons.

This provision typically outlines the conditions under which such transfers can be deemed null and void and empowers the competent authority (often the Sub-Collector) to take action for the restoration of unlawfully transferred lands to the original tribal owners. It aims to prevent the exploitation and land alienation of vulnerable tribal communities.

State-Wise Variations in Rules

Land is a subject on which states have jurisdiction, which means rules that govern the purchase of SC/ST land can vary widely from one state to another. The goal of protection is the same throughout the country, but requirements and procedures for SC/ST land purchases, conditions that need to be met for transfer, and the authority that grants permission all vary from state to state. Accordingly, it was essential to look at the states' laws in which the land is located.

Rules For Buying The Land of SC/ST

The buying and selling of land belonging to Scheduled Castes (SC) and Scheduled Tribes (ST) are subject to specific laws and regulations designed to protect these marginalized communities from exploitation and to prevent the alienation of their land. These laws vary by state, but some general principles and commonalities apply.

Permission from the Competent Authority

• General Rule: A non-SC/ST person generally cannot purchase land from an SC/ST individual without obtaining prior permission from the competent authority.
• Competent Authority: The District Magistrate (DM) or Collector is typically the competent authority for granting such permission.
• State-Specific Laws: Each state has its own laws governing land transfers, and these laws often specify the competent authority and the procedure for obtaining permission. For example, in Uttar Pradesh, Section 157-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, requires permission from the District Magistrate. Similarly, in Karnataka, the Deputy Commissioner's office or the Revenue Department is responsible for granting permission under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
• Government-Granted vs. Self-Acquired Land: A crucial distinction often exists between land originally granted by the government to SC/ST individuals and land that SC/ST individuals have purchased on their own. Restrictions are generally much stricter for government-granted land, often making it non-transferable without specific government approval. For self-acquired land, while restrictions still exist, the process might be less stringent, but permission is usually still required.

Reason for Selling the Land

• Genuine Need: The competent authority, when considering an application for permission to transfer SC/ST land, often assesses the reason for the sale. Permission is typically granted in exceptional cases where a genuine need is demonstrated by the SC/ST seller.
• Protection Against Exploitation: The laws are designed to prevent the exploitation of SC/ST individuals due to their "ignorance and poverty." Therefore, the authority aims to ensure that the sale is not a result of coercion or undervaluation and that the SC/ST seller is genuinely benefiting from the transaction.
• Purpose of Transfer: The intended use of the land by the buyer may also be taken into consideration. In some cases, if the land is no longer used for agriculture and is deemed transferable under certain conditions (e.g., for non-agricultural use), permission might be granted.

Illegal Possession and Deprivation

The laws are very stringent against illegal possession or deprivation of SC/ST land.

Illegal Possession

Any acquisition or retention of possession of SC/ST land without lawful authority or without following the prescribed procedure is considered illegal. State laws often have provisions for the restoration of such illegally transferred land to the original SC/ST owner or their heirs.

In the Rajasthan Tenancy Act, 1955, Section 183-B, any person who takes or retains possession of land held by a Scheduled Caste or Scheduled Tribe tenant without lawful authority is deemed a trespasser.

Section 3(1)(iv) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 addresses specific acts of discrimination or harm against members of SC/ST communities. If a person is found guilty under this provision, they are liable to face imprisonment for a minimum of six months, which may extend up to five years. In addition to imprisonment, the offender is also subject to a fine.

Illegal Deprivation

Wrongfully dispossessing members of SC/ST from their land, interfering with their enjoyment of land rights, or acquiring land through fraudulent means is a serious offense under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act).

Section 3(1)(f) of the PoA Act specifically penalizes "wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights, including forest rights, over any land or premises or water or irrigation facilities or destroying the crops or taking away the produce there from."

Can SC Land Be Sold To A General Category Buyer?

Selling land designated for Scheduled Castes (SC) or Scheduled Tribes (ST) to a General Category buyer in India is a complex issue, and generally, such transactions are not freely permissible without prior approval from the government authorities. This is primarily due to specific laws enacted to protect the land rights of marginalized communities and prevent their exploitation.

Protective Legislation

Many states in India have laws, such as the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act), and similar provisions in other states like Uttar Pradesh (under Section 42 of the SC, ST Act, 1989 and previously the UP Zamindari Abolition Act, 1950), that restrict the transfer of land granted to SC/ST individuals. These laws aim to ensure that land meant for the upliftment and welfare of these communities remains with them.

"Granted Land" vs "Bought Land"

A crucial distinction is often made between "granted land" and "bought land."

• Granted Land: If the land was originally granted by the government to an SC/ST person (often with certain conditions and restrictions), its transfer to a non-SC/ST person usually requires explicit prior permission from the District Collector or other competent authority. Without such permission, the sale can be declared null and void, and the land may revert to the original grantee or the state. The Supreme Court has clarified that government-granted land belonging to SC/ST cannot be purchased by non-Dalits (including companies or corporations) without proper permission.
• Bought Land: If an SC/ST person purchased the land themselves from a non-SC/ST person or another SC/ST person (and it wasn't originally granted land), the rules for selling it to a general category buyer might be different, but still often require permission from the District Collector.

Permission Requirement

Even if the land was not "granted" but acquired otherwise, in many states, you would still need to obtain prior permission from the District Magistrate (DM) or Collector to sell SC/ST land to a general category buyer. This process can be lengthy and involves demonstrating a genuine need for the sale.

Consequences of Unauthorized Transfer

If an SC/ST land is sold to a general category buyer without the necessary permission, the transaction can be declared illegal and invalid. This could lead to:

• Void Sale: The sale deed could be cancelled.
• Reversion of Land: The land might be restored to the original SC/ST owner or their legal heirs, or it could vest in the government.
• Legal Penalties: The buyer and seller could face legal challenges and penalties.

State-wise Rules on Transfer of SC Land

Procedure To Buy Land From An SC Owner

Buying land from an SC/ST owner, particularly "granted land," requires a meticulous and legally compliant procedure.

Step-by-Step Legal Process

The procedure is as follows:

1. Verify Land Status

• Crucial First Step: Obtain the complete land records (7/12 extract, ROR, Mutation entries, etc.) from the local Tahsildar/MRO/Revenue Department.
• Check for "Granted Land" Status: Carefully examine the entries in the land records for any remarks indicating that the land was "granted land" or is subject to restrictions under specific state acts (e.g., PTCL Act in Karnataka, Section 36A of the Maharashtra Land Revenue Code). This information is usually noted in the "others" or "remarks" column of the 7/12 extract.
• Identify the Original Allottee: Determine if the current seller is the original allottee or a subsequent purchaser. If it's a subsequent purchaser, verify the legality of all previous transfers.
• Seek Legal Opinion: Engage a lawyer specializing in land laws in the specific state to scrutinize all documents and provide a clear opinion on the transferability of the land.

2. Obtain Prior Permission

• If the land is "granted land" or falls under categories requiring permission, the SC/ST owner (seller) must apply to the District Collector/District Magistrate or the designated revenue authority for permission to sell the land.
• The application will detail the reasons for the sale, the proposed sale price, and the particulars of the buyer.
• The authority will conduct an inquiry, which may involve:
• • Verifying the seller's genuine need for the sale.
  • Assessing the economic impact of the sale on the seller.
  • Ensuring the sale is at fair market value.
  • Sometimes, issuing a public notice inviting objections.
  • Checking if there's any eligible SC/ST buyer willing to buy at fair value.
• The permission, if granted, will usually be in the form of a specific order from the Collector. It may also include conditions, such as a minimum sale price or a requirement for the seller to acquire alternative land.

3. Draft and Execute Sale Agreement

• Once permission is obtained (if applicable), a comprehensive Sale Agreement (Agreement to Sell) should be drafted.
• This agreement should clearly state the terms and conditions, sale price, payment schedule, and confirm that all necessary permissions have been obtained.
• It's advisable to register this agreement.

4. Execute and Register Sale Deed

• After the terms of the sale agreement are met and all payments are made, the final Sale Deed must be executed.
• The Sale Deed must be signed by both the seller and the buyer (and witnesses) before the Sub-Registrar of Assurances having jurisdiction over the land.
• The permission order from the Collector (if applicable) must be submitted along with the Sale Deed during registration.
• Pay the applicable stamp duty and registration fees.

5. Mutation of Records

• After the registration of the Sale Deed, the buyer must apply to the local revenue authority (Tahsildar/MRO) for the mutation of land records.
• Mutation means changing the ownership details in the government's land records (e.g., 7/12 extract). This step is crucial for the buyer to establish a clear legal title in the revenue records.

Relevant Case Laws

A few case laws are as follows:

Siddappa vs The State Of Karnataka on 28 June, 2023

In the case of Siddappa vs The State of Karnataka, the HC ruled that the sale in favor of the petitioners' ancestors was illegal under the PTCL Act and that the subsequent restoration and injunction orders in favor of the original grantees were valid and had attained finality.

Parties

• Petitioners: Siddappa and others
• Respondents: The State of Karnataka and others, including the original land grantee

Issues

The core issue revolved around the validity of a land sale and subsequent restoration orders under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short "PTCL Act"). Specifically, the petitioners challenged a series of orders that had annulled a sale deed from 1967 and restored the land to the original grantee's family. A related issue involved the continuous interference with the possession of the grantees despite civil court decrees.

Judgement

The High Court of Karnataka dismissed the writ petition filed by Siddappa and others. The Court observed the following:

• The subject land was an agricultural land granted to the father of Respondent No. 6.
• The sale deed dated 09.08.1967, through which the petitioners' ancestors acquired the land, was found to be in contravention of the provisions of the PTCL Act by the Assistant Commissioner in 1980.
• This annulment and restoration order was subsequently confirmed by the Deputy Commissioner in 1985 and had attained finality.
• Despite these restoration orders, the petitioners' ancestors had continued to interfere with the possession of the grantees. This led to a civil suit (O.S. No. 6/1996) where a perpetual injunction was granted in favor of the grantees, restraining the petitioners' ancestors from interfering with their peaceful possession. This civil court decree also attained finality.
• Even after this, further interference led to another suit (O.S. No. 213/2013) by the grantee's family.

Conclusion

Purchasing land from an SC/ST landowner is a legally sensitive process that requires precision. The laws, which vary from state to state, provide certain protections to Scheduled Castes and Scheduled Tribes to prevent the unlawful alienation of SC/ST land. Although it is possible to purchase such land, specifically self-acquired land or granted land, if permission is obtained, it is important for the buyer to proceed carefully and undertake thorough due diligence. It is imperative for the buyer to consult a legal expert based in the locality and familiar with state-specific land laws, not just a good idea, but an absolute must for a legally sound and peak dispute transaction. Ignorance of the law is not an excuse, and an invalid transaction can lead to significant financial loss and years of litigation.

FAQs

A few FAQs are:

Q1. Can a general category person buy land from a Scheduled Caste (SC) person in India?

Yes, but typically only with the prior permission of the District Collector/Magistrate or other designated revenue authority, especially if it's "granted land" (land allotted by the government to SC/STs). Rules vary significantly by state, so local laws must be checked.

Q2. What is "granted land" for SC/STs?

"Granted land" refers to land allotted by the government to individuals belonging to Scheduled Castes or Scheduled Tribes, often under welfare schemes, to improve their economic condition. These lands usually come with strict non-alienation clauses, making their transfer difficult.

Q3. Is buying SC/ST land without permission illegal?

Yes, in most cases, it is illegal, and the transaction can be declared null and void. Many state laws prohibit such transfers without prior approval from the competent authority. The land can be restored to the original SC/ST owner or their heirs, even after many years.

Q4. What documents are needed to buy land from an SC/ST owner?

Beyond standard land documents, you'll need the Death Certificate of the original allottee (if applicable), proof of the seller's SC/ST status, and crucially, the permission order from the District Collector/DM if the land is "granted land" or falls under restricted categories. A legal opinion from a local lawyer is also essential.

Q5. What law protects SC/ST land rights in India?

SC/ST land rights are protected by various laws, including Article 46 and the Fifth Schedule of the Indian Constitution, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act), and specific state-level Land Revenue Codes, Land Reforms Acts, and Tenancy Acts.

Q6. How long does it take to get permission to buy SC/ST land?

The time taken for permission can vary significantly, from a few weeks to several months, depending on the state, the specific authority, the complexity of the case, and whether any objections are raised.

Q7. Can SC/ST land acquired by sale (not granted) be sold to a general category person?

Restrictions are often less stringent for "self-acquired" land (land purchased by an SC/ST individual in the open market) compared to "granted land." However, some states may still require prior permission or specific procedures even for self-acquired land to prevent exploitation. Always consult state-specific laws.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice.

For personalized legal guidance, please consult with a qualified property lawyer.