Restriction on alienation of land by Scheduled Tribes

Restriction on alienation of land by Scheduled Tribes -

1. (1) Any transfer of a holding or part thereof by a raiyat, belonging to a Scheduled Tribe shall be void except where it is in favour of -
   • (a) a person belonging to a Scheduled Tribe or
   • (b) a person not belonging to a Scheduled Tribe when such transfer is made with the previous permission in writing of the Revenue Officer : Provided that in case of a transfer by sale the Revenue Officer shall not grant such permission unless he is satisfied that a purchaser belonging to a Scheduled Tribe willing to pay the market price for the land is not available, and in case of a gift unless he is satisfied about the bona fides thereof.
2. (2) The State Government may having regard to the law and custom applicable to any area prior to the date of commencement of this Act by notification direct that the restrictions provided in sub-section
3. (1) shall not apply to lands situated in such area or belonging to any particular tribe throughout the State or in any part of it.
4. (3) Except with the written permission of the Revenue Officer, no such holding shall be sold in execution of a decree to any person not belonging to a Scheduled Tribe.
5. (4) 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
6. (1) of section 17 of the Registration Act, 1908 purports to effect transfer of a holding or part thereof by a raiyat belonging to a Scheduled Tribe in favour of a person not belonging to a Scheduled Tribe, no registering officer appointed under that Act shall register any such document, unless such document is accompanied by the written permission of the Revenue Officer for such transfer.
7. (5) The provisions contained in sub-sections
8. (1) to
9. (4) shall apply, mutatis mutandis, to the transfer of a holding or part thereof of a raiyat belonging to the Scheduled Caste.
10. (6) Nothing in this section shall apply -
    • (a) to any sale in execution of a money decree passed, or to any transfer by way of mortgage executed, in favour of any scheduled bank or in favour of any bank to which the Orissa Co-operative Societies Act, 1962 applies; and
    • (b) to any transfer by a member of a Scheduled Tribe within a Scheduled Area.