A regulation further to amend the
orissa scheduled areas transfer of immovable property (by scheduled tribes)
regulation, 1956. Whereas it is expedient to amend
the Orissa Scheduled Areas Transfer of Immovable property (By Scheduled Tribes)
Regulation, 1956; Now, therefore, in exercise of
the powers conferred by sub-paragraph (2) of paragraph 5 of the Fifth Schedule
to the Constitution of India, the Governor of Orissa is pleased to promulgate
the following Regulation made by him in the Fifty-first Year of the Republic of
India:-- This Regulation may be called the
Orissa Scheduled Areas Transfer of Immovable Property, (By Scheduled Tribes)
Amendment Regulation, 2000. In section 2 of the Orissa
Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes)
Regulation, 1956 (Orissa Regulation 2 of 1956) (hereinafter referred to as the
principal Regulation),-- (i) clause
(aa) shall be omitted; (ii) for
clause (b), the following clause shall be substituted, namely:-- (b)
"Grama panchayat" and "Grama Sasan" shall respectively mean
the Grama panchayat and Grama Sasan as defined in the Orissa Grama panchayats
Act, 1964 (Orissa Act of 1965);'; and (iii) clause
(e-1) shall be omitted. In Section 3 of the principal
Regulation,-- (a) for
sub-section (1), the following sub-section shall be substituted, namely:- "(1)
Notwithstanding anything contained in any law for the time being in force any
transfer of immovable property by a member of a Scheduled Tribe, except by way
of mortgage executed in favour of any public financial institution for securing
a loan granted by such institution for any agricultural purpose, shall be
absolutely null and void and of no force or effect whatsoever, unless such
transfer is made in favour of another member of a Scheduled Tribe: Provided that- (i) nothing
in this sub-section shall be construed as to permit any member of a Scheduled
Tribe or his successor-in-interest to transfer any immovable property which was
settled with such member of Scheduled Tribe by or under any authority of the
State or the Central Government or under any law for the time being in force; (ii) in
execution of any decree for realisation of the mortgage money, do property
mortgaged as aforesaid shall be sold in favour of any Person not being a member
of a Scheduled Tribe; and (iii) a member
of a Scheduled Tribe shall not transfer any land if the total extent of his
land remaining after the transfer will be reduced to less than two acres in
case of irrigated land or five acres in case of unirrigated land. Explanation I--For the Purposes
of this sub-section, a transfer of immovable property-- (a) in favour
of a female member of a Scheduled Tribe, who is married to a person not
belonging to any Scheduled Tribe, shall be deemed to be a transfer made in
favour of a person not belonging to a Scheduled Tribe; and (b) shall
include a transfer of immovable property to a person belonging to a Scheduled
Tribe for consideration paid or provided by another person not belonging to any
such Tribe. Explanation II--For the purposes
of clause (iii) of the proviso, the expression "irrigated land" shall
mean such land which is irrigated at least for one crop in a year, and the
expression "unirrigated land" shall be construed accordingly''; and (b) in
sub-section (2),-- (i) after the
words "any one interested therein", the words "or on information
received from the Grama Panchayat'' shall be inserted; and (ii) after the
proviso, the following proviso shall be inserted, namely:-- "Provided further that where
it is decided by the competent authority to settle the said property with any
person other than a person belonging to a Scheduled Tribe in accordance with
the Orissa Government Land Settlement Act, 1962 (Orissa Act 33 of 1962), he
shall obtain prior approval of the concerned Grama panchayat, accorded with the
concurrence of the Grama Sasan."; In section 3-A of the principal
Regulation,-- (a) in
sub-section (1), after the words "any person interested therein'' the
words "or on information received from the Grama panchayat" shall be
inserted; and (b) after
sub-section (2), the following sub-section shall be inserted, namely:-- "(3)
In every case after finalisation of the proceedings under sub-section (1), the
competent authority shall make a report to the concerned Grama Panchayat about
the order of ejection passed in respect of any person in unauthorised
occupation of any immovable property of a member of a Scheduled Tribe and the
restoration of possession of the property to such member on his heirs and in
case of failure of such restoration, the reasons for such failure.". After section 3-A of the Principal
Regulation, the following section shall be inserted, namely:-- "3-B. Reversion of land of
members of Scheduled Tribes which was transferred by fraud (1) Every
person who, on the date of commencement of the Orissa Scheduled Areas Transfer
of Immovable Property (By Scheduled Tribes) Amendment Regulation, 2000
(hereinafter referred to in this section as the Amendment Regulation of 2000),
is in possession of agricultural land which belonged to a member of a Scheduled
Tribe at anytime during the period commencing on the 4th October, 1956 and
ending on the date of commencement of the Amendment Regulation of 2000 shall,
within two years of such commencement, notify to the Sub-Collector in such form
and in such manner as may be prescribed, all the information as to how he has
come in possession of such land. (2) If any
person fails to notify the information as required by sub-section (1) within
the period specified therein it shall be presumed that such person has been in
possession of the agricultural land without any lawful authority and the
agricultural land shall on the expiration of the period aforesaid, revert to
the person to whom it originally belonged and if that person be dead, to his
heirs. (3) On
receipt of the information under sub-section (1), the Sub-Collector shall make
such enquiry as may be necessary about all such transactions of transfer and if
he finds that the member of Scheduled Tribe has been defrauded of his
legitimate right he shall declare the transaction null and void and,-- (a) where no
building or structure has been erected on the agricultural land prior to such
finding, pass an order revesting the agricultural land in the transferor and if
he be dead, in his heirs; (b) where any
building or structure has been erected on the agricultural land prior to such
finding, he shall fix the price of such land in accordance with the principles
laid down for fixation of price of land in the Land Acquisition Act, 1894 (1 of
1894) and order the person referred to in sub-section (1) to pay to the transferor
the difference, if any, between the price so fixed and the price actually paid
to the transferor: Provided that where the building
or structure has been erected after the commencement of the Amendment
Regulation of 2000, the provisions of clause (b) shall not apply: Provided further that fixation of
price under clause (h) shall be with reference to the price on the date of
registration of the case before the Sub-Collector.''. For sections 7 and 7-A of the
principal Regulation, the following sections shall be substituted, namely:-- "7. Punishment of offences. (1) If any
person is found to be in possession of any immovable property in contravention
of the provisions of this Regulation, then, without prejudice to his liability
to ejectment under this Regulation, or where any Person, having been evicted
under any provision of this Regulation from any immovable property belonging to
a member of Scheduled Tribe, continues to be m possession of the same, he shall
be punishable with rigorous imprisonment for a term which may extend to two
years, or with fine which may extend to five thousand rupees, or with both. (2) Where any
person, having been evicted under any provision of this Regulation from any
immovable property belonging to a member of a Scheduled Tribe, reoccupies the
same shall be punishable with rigorous imprisonment for a term which may extend
to three years, or with fine which may extend to ten thousand rupees, or with
both. (3) When a
Court imposes sentence of fine or a sentence of which fine forms a part, the
Court may, when passing judgment, order the whole or any part of the fine to be
paid to the member of Schedule Tribe to whom the immovable property belongs, or
to his heirs. 7-A. Offences to be tried by
Executive Magistrate and to be cognizable.-- (1) The State
Government may confer, on an Executive Magistrate, the powers of a Judicial
Magistrate of the first class or of the second class for the trial of the
offences under this Regulations, and on such conferment of powers the Executive
Magistrate, on whom the powers are so conferred, shall be deemed, for the
purposes of the Code of Criminal Procedure 1973 (2 of 1974), to be a Judicial
Magistrate of the first class or of the second class, as the Case may be. (2) An
offence under this Regulation may be tried summarily by a Magistrate. (3) Every
offence under this Regulation shall be cognizable.".ORISSA SCHEDULED AREAS TRANSFER OF IMMOVABLE
PROPERTY (BY SCHEDULED TRIBES) AMENDMENT REGULATION, 2000
PREAMBLE