Bhubaneswar: The State Cabinet has taken a major decision, removing a long-standing restriction. Now, members of the Adivasi (Scheduled Tribe) community can sell their land to non-Adivasi individuals. There will no longer be any restriction on selling, transferring, or mortgaging land to non-Adivasis. However, Adivasi landowners must obtain permission from the Sub-Collector before doing so. If the Sub-Collector denies permission, the landowner can appeal to the District Collector within six months, whose decision will be final and binding.
This amendment was approved by the State Cabinet keeping in mind the broader interests of Scheduled Tribes.
The Regulation-2 Act of 1956 has been in force in Scheduled Areas, with certain amendments made in 2002. According to the Act, a Scheduled Tribe member could only transfer their immovable property to another member of the same community. The Act also permitted mortgaging land only to financial institutions and strictly for agricultural purposes.
Due to these limitations, educated Adivasi youth were facing various challenges. Acknowledging this, and based on the recommendations of the Scheduled Tribe Advisory Council, the State Government has approved amendments to the Act.
As a result, an Adivasi landowner can now, with written permission from the Sub-Collector, gift land for general purposes to any individual. Additionally, they can now mortgage their land to any financial institution to raise loans for agriculture, residential house construction, children’s higher education, self-employment, business, or small-scale industry. They are also permitted to transfer property to a non-Adivasi, provided that the transferee is not landless or homeless — this will be an important factor to consider.
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