After backlash, Odisha govt. puts on hold Cabinet decision of transferring tribal land to non-tribals

Facing huge criticism, the Odisha government has put on hold a controversial Cabinet decision regarding transfer of tribal lands to non-tribals. At present, the Odisha Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956 is in force in the schedule areas of State. There is restriction on transfer of tribal land to non-tribals. “Corporate houses and mining giants would find it smoother to acquire land. The government had diluted protection for tribals,” said Odisha CPI (M) Secretary Ali Kishore Pattnaik.

Facing huge criticism, the Odisha government has put on hold a controversial Cabinet decision regarding transfer of tribal lands to non-tribals.

“The proposed amendment to Regulation-2 of 1956 (The Odisha Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956) discussed in the Cabinet meeting held on November 14, 2023, regarding transfer of tribal lands has been withheld,” Odisha Revenue and Disaster Management Minister Sudam Marndi said.

The Cabinet chaired by Chief Minister Naveen Patnaik had given its consent to conditional transfer of tribal land to non-tribals.

“A Scheduled Tribe person may, with the written permission of the Sub-Collector, make a gift or exchange for public purposes or obtain a loan by securing a mortgage in a public financial institution for agriculture, construction of residential house, higher studies of children, self-employment, business or establishment of small scale industries or transfer the same favour of a person not belonging to Scheduled Tribe for the above purpose,” said the Cabinet note.

As per the proposal, after such transfer, the person (tribal) should not be landless or homestead less. “If the Sub-Collector does not grant permission, then the person can appeal to the Collector within six months, whose decision shall be final,” the government said.

At present, the Odisha Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956 is in force in the schedule areas of State. There is restriction on transfer of tribal land to non-tribals.

According to the Cabinet note, “In 2002, after some amendments were made in this Act, a person belonging to the Scheduled Tribe category can transfer his immovable property only to the person belonging to Scheduled Tribe. A person belonging Scheduled Tribe in Scheduled Area can mortgage his land to any public financial institution for agricultural purpose only.”