Bhubaneswar
Commissioner-cum-Secretary of the ST & SC Development and Minorities, Backward Classes Welfare Department in Odisha, Roopa Roshan Sahoo, on Friday, directed to withhold the amendment allowing sale of tribal land to non-tribals following resentment among various quarters.
The Cabinet had on November 14 nodded the implementation of the amendment to Regulation 2, 1956 (The Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956), which allowed the tribal people to sell their immovable property, basically land, to non-tribals.
If government approval was made mandatory, then they could also not sell off their entire land. This was to ensure they did not become landless. The BJD Government felt the amendment would pave way for industrialisation as restrictions on sale of tribal land posed the biggest hindrance.
The new amendment allowed Scheduled Tribe people to sell his land after gaining a written permission from the sub-collector. They can obtain a loan by keeping their immovable property as mortgage in public financial institutions for other purposes such as construction of residential house, higher studies of children, self-employment or setting up business or small-scale industries besides agricultural activities.
The tribal people could also sell or transfer their land to non-tribal people for the same above purposes. The order had mentioned that if the sub-collector wouldn’t grant permission, the ST land owner can appeal to the collector within six months.
In 2002, amendments had been made to this Act allowing tribal people to sell their land to tribals only and a person belonging to the ST community can only mortgage his or her immovable property to public financial institutions for agricultural purpose only.
However, soon after the Cabinet decision, the BJP opposed the move and threatened to take to the streets. Several other forums and quarters also raised concerns and called for a relook into the proposed amendments. Sources said that the proposed amendment also has anomalies in interpretation.
Keeping in view the growing concerns on the issue, the secretary of SSDMBCW department requested the state government to withhold implementation of the amendments until the next resolution from the Tribal Advisory Council on this matter.
The state cabinet on November 14 (Tuesday) this year approved the amendment to the regulation 2, of 1956
The November 14 Cabinet order cited that the amendment was necessary to address the roadblocks faced by many educated youths of ST communities. Realizing this problem, basing on the recommendations of the Scheduled Tribes Advisory Council that had held a meeting on July 11 this year, some amendments to this Act was approved by the Cabinet.
Umerkote MLA and BJP Scheduled Tribe Morcha state president Nityananda Gond, however, said though he is also a member of the TAC, he was not aware of the council ever making such a recommendation.
He dubbed the government move a ploy to help mafias, industrialists and contractors buy tribals’ land.
