The Hindu : Orissa amends rules to check transfer of tribal lands

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Sunday, Jan 12, 2003

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Orissa amends rules to check transfer of tribal lands

By Prafulla Das

BHUBANESWAR JAN. 11 . The Orissa Government has amended the relevant rules to restore to the tribals their land that had been encroached upon or acquired fraudulently by non-tribals.

The laws had been made stringent to protect tribal land and ensure that it could not be transferred to a non-tribal in the scheduled areas of the State.

The economic condition of the tribals living in the interior pockets of the State was gradually weakening, with the non-tribals taking possession of their land over the years. As a result, the tribals had resorted to violence in several areas in the past.

The State Revenue Minister, Biswabhusan Harichandan, told presspersons that under the new rules, no tribal could transfer his land to a non-tribal or even another tribal if he possessed less than two acres of irrigated land or less than five acres of unirrigated land.

A non-tribal who purchased or acquired tribal land by fraudulent means during the past 46 years in the scheduled areas shall inform the Sub-Collector of the area in a prescribed proforma within the next two years, explaining how the land was transferred to him. The amendment of the Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956, was passed by the State Assembly in 2000 and was sent for Presidential assent.

The amendment was notified on September 4, 2002, after the President gave his assent. Non-tribals who failed to notify the Government within the two-year period about acquisition of tribal land would be tried by an Executive Magistrate vested with judicial powers.

The offenders faced a jail term of two years and fine of up to Rs 5,000. If a non-tribal reoccupied the land of the tribal, he would face a jail term of up to 3 years and fine of up to Rs 10,000. A detailed probe would be held to determine the extent of benami and fraudulent land transfers to non-tribals from September 4, 1956. A special drive in this regard was already on in several scheduled areas.

The Revenue Department had instituted 95,812 cases pertaining land disputes in scheduled areas of the State till March 2002, involving 94,616 acres.

Of these, about 93,000 cases involving 91,424 acres had been disposed of to benefit 53,674 tribals.

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