Restrictions on land held by Scheduled Tribes, permission provisions

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

- Under Section-73AA of the Land Revenue Act it is mandatory for any non-tribal to obtain permission before purchasing land under Section-73AA.

Continued from previous point

Restrictions on transfer of lands held by tribals and permissions obtainable As detailed in the previous article, most of the Scheduled Tribe lands in Gujarat lie in the eastern belt, i.e. from Ambaji to Dang. In terms of development of these areas, certain concessions have been given under the Forest Right Act for infrastructure facilities. But for industrial development, where new industries are to be set up, land other than tribal is not available and the permission of the Collector is required for acquisition and that too the Collector can grant permission for industrial purpose or conversion only after obtaining the approval of the Government. According to the guidelines issued by the government in this regard, the collector has to ensure that the tribal owners who sell the land from the industrial units who buy the land get a reasonable price for their land, if the land is to be set up for small industries, then the land from the industrial commissioner/ district industrial center. Buyer SSI / Obtaining Small Industry Registration, if the land purchaser is establishing a Medium Size Industries, Director General of Technical Development D.G.T.D. To ensure that the registration has been obtained by the land purchaser and in this regard necessary instructions have been given in the circular dated 18-3-2006 of the Revenue Department. If the land buyer is a big industrialist, ensure that the land buyer has obtained the letter of indent / industrial license from the Government of India. The collector has to ascertain the area of ​​land i.e. how much land is required for small scale industries from the District Industries Centers (DIC) and in case of medium and large scale industries from the Director General of Technical Development and Industries Commissioner.

Often, if the land held by a tribal is not ancestral or not granted by the government, as per Rule-57 L (4) of the Land Revenue Rules, if a tribal has purchased the land of a non-tribal from his own financial resources, the permission of the government is not to be obtained for the transfer or conversion of the land. But as per the resolution dated 18-3-99 of the Revenue Department by the Collector, there are provisions to give permission at the Collector level as a competent authority, if the land has been successively inherited from the existing tribal occupier by considering the land as a self-acquired occupier.

Similarly, provisions have also been made for purchase of tribal lands for irrigation department reservoirs (Dams) undertaken in Gujarat and most of the irrigation schemes in the state are undertaken in forest areas i.e. tribal populated areas especially for transfer of land held by tribals for Narmada scheme. Special powers have been given to the Additional Collector level officer and the rights to transfer tribal land to another tribal for the purpose of resettlement have also been given to Additional Collector - Vadodara in special case for Narmada affected. Similarly, as per the revenue department's circular dated 11-2-2010, provision has been made to grant permission under Rule-57 L (3) of the Land Revenue Rules for erecting telecom towers for communication (Telecom) in tribal areas. The state government has provided for bonafide purpose activities in which the charitable organizations for educational, health purpose lands held by tribals for non-agricultural purpose with prior approval of the government.

Power to transfer lands under Section-73AA of Scheduled Areas According to the Panchayat Act 5/1998, the Zilla Panchayats instead of the Collectors have been given the powers to transfer according to the respective Zilla Panchayats to send standard proposals to the Revenue Department and necessary orders after the approval of the State Government to the Zilla Panchayats. have to do. This change has been made as per the powers given to the Zilla Panchayats after the 73rd Constitutional Amendment in the Constitution. Similarly, as per the provisions of Revenue Department circular dated 31-3-2016, tribals have assumed the right to transfer land for various schemes of State and Central Government for public purpose development works like schools, hospitals, public roads, water supply schemes, Anganwadi centers etc. Provision has been made for relinquishment of land to the State Government. It is only to be ensured that the land cannot be taken if the tribal person becomes a non-cultivator and when the land is taken for the development of a public purpose it cannot be used for any other purpose. Thus restrictions on lands held by tribals are intended under Section-73A/AA of the Land Revenue Act, restrictions have been placed on lands held by tribals in Scheduled Areas so that they are not deprived of their means of livelihood. The necessary changes and permission provisions which have been made in it with changing times should be known by any person before purchasing land under 73AA.