Anu. Restrictions and permission provisions on land held by tribes

- Lokabhimukha Guidance : H.S. Patel IAS (Retd.)

- Under Section-73 AA of the Land Revenue Act

- There is a provision to cancel the permission given if he stops cultivating himself within five years without taking possession of the land

The purpose of the Land Reform Acts is to protect the families dependent on the land, in which the ownership rights over the land are considered as part of the 'Khede Tei Zamin' (Khede Tei Zemin) as well as the Scheduled Areas (Schedule Area) i.e. the Scheduled Tribes i.e. the tribal population in the Constitution of India. Sections-73A-A etc. of the Land Revenue Act have been implemented as part of imposing control on the transfer of lands of the tribals residing in the territories and that the transfer of lands held by the tribals in the areas where the original survey has not been settled on the date of notification dated 4-4-1961 is before the Collector. Impermissible restrictions are placed. Subsequently, in the original section 73A, upto-73KgH has been added in phases and these restrictions provide for prior permission of the Collector in both agricultural and non-agricultural lands. According to sub-section (2) of Section-73AA, there is a provision to make rules regarding the circumstances and under what conditions prior approval should be given if a tribal wants to sell his land to another and in these rules to take into account the exceptional circumstances which are the means of livelihood of the Scheduled Tribe owner. is According to sub-section (3) of Section-73AA, if a tribal person sells land to a non-tribal person without permission, there is a provision to return the land to the tribal person who originally held the land. For this, the tribal person holding the original land has to apply to the Collector within two years after the transfer of sale. If no application is made within two years, the land remains with the tribal person to whom it was transferred. The notification dated 4-4-1961 restricted the transfer of land held by tribals in Scheduled Areas where the original survey settlement has not taken place without the prior approval of the Collector. Due to ignorance of this control, a tribal person transfers lands to another tribal person and violates the provisions of Article-73A. If such cases of violation of Article-73A have arisen during the period from 4-4-1961 to 31st January 1981, a provision has been made to regularize such cases automatically.

According to sub-section-4 of Section-73AA of the Land Revenue Act, provision has been made for khalassing the land in which tribal land has been sold to non-tribals without permission. Accordingly, if the transfer is declared illegal by giving notice to the non-tribal person, the land shall be vested in the Government free of any encumbrance and as per Section-73AA sub-section-5 there is a provision to return the land so transferred to the Government to the original tribal person. But a written undertaking is to be taken to the effect that the original owner is ready to cultivate the land himself and as per sub-section-6 if the original tribal occupant is not ready to take back and cultivate the land, then the land shall be returned to another tribal person of the same village or to another tribal person of the nearest village. There is a provision. Accordingly, if the tribal persons of the village or nearby villages are not ready to take this land, then there is a provision to grant the land to other persons according to the priority decided by the government. According to sub-section-7 of Section-73AA of this Act, in case the land of a tribal person is transferred to a non-tribal person without permission, the non-tribal purchaser shall be fined up to three times the value of the land in addition to any other punishment that may be inflicted and sub-section (8) ) has provided for recovery of land revenue as arrears from non-tribals if fine is not given.

The Collector may grant permission for the transfer of tribal lands to other tribal lands for the purpose of agriculture in Section-73A of the Land Revenue Act and Section-57 of the Rules if the conditions mentioned herein are satisfied. In which permanently leaving the village for better livelihood elsewhere, the nominee is not landless or without means of earning, physically, mentally unable to cultivate himself and no one in the family is able to cultivate, for arrears of land revenue. Whether the land is to be sold, transferred by trust or other gift, purely in accordance with the customs of the tribal people, the land acquired by such sanction, as per proviso to section 57L(2) of the Land Revenue Rules, must be cultivated by the holder of the land himself, not cultivated by himself within one year of taking possession, or by the Collector. There is a provision to cancel the permission granted if V stops cultivating the land himself within five years without taking possession of the land and the purchaser should not own more than affordable land. According to the provision of 57L(3) of the Land Revenue Rules, the land of tribal ESM, land of non-tribal ESM can be transferred to non-tribal ESM for bona fide purposes such as government housing society, educational, commercial undertaking, charitable institution, public purpose after obtaining the prior permission of the State Government. is According to Rule 57 (4) of the Land Revenue Rules, the Collector or the District Development Officer in Scheduled Areas may grant permission to any tribal or non-tribal subject to certain conditions of land belonging to any tribal holder. In which the tribal owner must have obtained his sources from non-tribals.

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