Can tribal land be bought in Odisha, and what must a buyer check?

Two sets of rules

A tribal land purchase in Odisha is controlled by two separate laws, and a buyer has to satisfy both where both apply:

• Sections 22 and 23 of the Odisha (Orissa) Land Reforms Act, 1960 apply across the State, to land held by a raiyat who belongs to a Scheduled Tribe.
• The Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956, usually called Regulation 2 of 1956, applies only in the Scheduled Areas notified under the Fifth Schedule to the Constitution. It is stricter.

Who is a member of a Scheduled Tribe depends on the Constitution (Scheduled Tribes) Order for Odisha, not on surname or appearance. The Orissa High Court has held, for example, that a revenue officer cannot hold an enquiry to treat a community not named in the Order as the same as a listed tribe. A valid caste certificate is the usual proof.

Can a non-tribal buy tribal land in Odisha outside Scheduled Areas?

Outside Scheduled Areas the OLR Act route applies. Under Section 22(1), any transfer of a holding or part of it by a Scheduled Tribe raiyat is void unless it is:

1. in favour of another person belonging to a Scheduled Tribe; or
2. in favour of a non-tribal person with the previous written permission of the Revenue Officer.

For a sale, permission is not to be granted unless the Revenue Officer is satisfied that no Scheduled Tribe buyer willing to pay the market price is available. For a gift, the officer must be satisfied that it is bona fide. Section 22(3) adds that such a holding cannot be sold in execution of a decree to a non-tribal without the Revenue Officer's written permission. Under Section 22(2), the State may by notification lift the restriction for particular areas or tribes, so check whether any notification covers the land.

In practice, OLR permission cases are dealt with in the Sub-Collector's office for the subdivision where the land lies. Ask there which officer has been notified as Revenue Officer for Section 22.

Scheduled Area land transfer under Regulation 2 of 1956

In the Scheduled Areas, the Regulation as amended in 2000 makes any transfer of immovable property by a Scheduled Tribe member to a non-tribal absolutely null and void. The only exception is a mortgage to a public financial institution to secure a loan for an agricultural purpose. The amended Regulation also provides that:

• Land settled by the government with a Scheduled Tribe member cannot be transferred.
• A tribal transferor may not transfer land if what remains would fall below two acres of irrigated or five acres of unirrigated land.
• A transfer to a Scheduled Tribe woman married to a non-tribal, or to a tribal person using money provided by a non-tribal, is treated as a transfer to a non-tribal.
• The Grama Panchayat can bring a transfer to the authority's notice, and its approval is required before government land in the area is settled with a non-tribal.

There is no permission route for a non-tribal buyer under the Regulation. A deed registered in breach of it gives the buyer no title, even if the price was paid in full.

Which areas are Scheduled Areas in Odisha

The ST and SC Development Department lists Mayurbhanj, Sundargarh and undivided Koraput (now Koraput, Malkangiri, Nabarangpur and Rayagada districts) as fully covered, together with named tahasils and blocks elsewhere: Kuchinda tahasil in Sambalpur; Keonjhar, Telkoi, Champua and Barbil tahasils in Keonjhar; Kandhamal, Balliguda and G. Udayagiri tahasils in Kandhamal; R. Udayagiri tahasil and Gumma and Rayagada blocks of the old Parlakhemundi tahasil (now Gajapati); Suruda tahasil in Ganjam (excluding two gram panchayats); Thuamul Rampur and Lanjigarh blocks in Kalahandi; and Nilagiri block in Balasore. After the reorganisation of districts, the Department counts seven districts as fully and six as partly scheduled. Confirm the status of a particular village with the Tahasil, because boundaries follow the original notifications.

Was the law changed in 2023?

No. In November 2023 the State Cabinet approved a proposal to amend Regulation 2 of 1956 to allow some transfers by tribals to non-tribals with permission. After objections it was sent back to the Tribes Advisory Council, and in January 2024 the Cabinet withdrew the decision. The Regulation continues in its amended 2000 form. News reports about "new rules" should be checked against the Odisha Gazette.

What happens to a transfer made in breach

Under Section 23 of the OLR Act, the Revenue Officer may act on their own information or on the application of any person interested. If the transfer is found to contravene Section 22(1), it is declared void and the land is restored to the tribal transferor or their heirs, meaning actual delivery of possession. The transferee is not entitled to a refund of what was paid, and may face a penalty for continuing in possession. The Regulation has similar restoration machinery for Scheduled Areas.

A non-tribal cannot rely on long possession to defeat these rules. The Supreme Court in Amrendra Pratap Singh v. Tej Bahadur Prajapati (2004) and the Orissa High Court in later cases have held that title to tribal land cannot be acquired by adverse possession (see adverse possession in Odisha). Restoration orders can be challenged in appeal and revision within the revenue hierarchy (see revenue courts in Odisha) and, where there is a legal error, before the Orissa High Court.

What a buyer should check

1. Read the Record of Rights on Bhulekh and the certified copy. The RoR records the raiyat's caste (jati). Read the guide to reading an RoR.
2. Trace the title back through earlier deeds and settlement records. If any earlier owner in the chain was a tribal and the land later passed to a non-tribal, ask for the permission order under Section 22. A defect several transfers back can still lead to restoration.
3. Find out whether the village is in a Scheduled Area. If it is and the seller or any earlier transferor was tribal, a sale to a non-tribal is barred.
4. Check for government settlement. Land settled under the Odisha Government Land Settlement Act, 1962 often carries conditions against transfer.
5. Get the encumbrance record and look for pending Section 23 cases at the Sub-Collector's office (see the encumbrance certificate guide).
6. Do not rely on a power of attorney or agreement from a tribal owner as a workaround. It does not avoid the bar (see power of attorney in Odisha).

The general land-buying checklist applies as well. Conversion of such land to non-agricultural use also faces objections (see land conversion).

For tribal landowners and heirs

A tribal raiyat or heir whose land was transferred without permission, or taken under a document they did not understand, can apply to the Sub-Collector under Section 23 or the corresponding provision of the Regulation. Keep copies of the RoR, caste certificate and any deed. Free help is available through the legal services authorities (see free legal aid in Odisha). Related work is described under land and property.

Rights over forest land claimed under the Forest Rights Act, 2006 are a separate subject; see forest rights pattas in Odisha.

Frequently asked questions

Official sources

• Odisha Land Reforms Act, 1960: Section 22 (text)
• Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956 (Land Portal)
• ST and SC Development Department, Odisha: Scheduled Areas
• Bhulekh: Odisha land records
• OdishaTV: Odisha withdraws proposed amendment to tribal land transfer regulation (January 2024)

General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.