Section 3(1) in The Orissa Betterment Charges Act, 1955
(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 successors-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, no 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 purpose 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 atleast for one crop in a year, and the expression "unirrigated land" shall be construed accordingly.] [Substituted by Orissa Regulation 1 of 2002 vide Orissa Gazette Extraordinary No. 1429 dated 4.9.2002 (Notification No. 11714 dated 4.9.2002).]
