22. Restriction on alienation of land by Scheduled Tribes.
(1)[Any transfer] [Substituted vide Orissa Act No. 13 of 1965.] of holding or part thereof by a raiyat, belonging to a Scheduled Tribe shall be void except where it is in favour of -(a)a person belonging to a Scheduled Tribe; or(b)a person not belonging to a Scheduled Tribe when such transfer is made with the previous permission in writing of the Revenue Officer:Provided that in case of a transfer by sale, the Revenue Officer shall not grant such permission unless he is satisfied that a purchaser belonging to a Scheduled Tribe willing to pay the market price for the land is not available, and in case of a gift unless he is satisfied about the bona fides thereof.(2)The State Government may, having regard to the law and custom applicable to any area prior to the date of commencement of this Act by notification, direct that the restrictions provided in Sub-section (1) shall not apply to lands situated in such area or belonging to any particular tribe throughout the State or in any part of it.(3)[ Except with the written permission of the Revenue Officer, no such holding shall be sold in execution of a decree to any person not belonging to a Scheduled Tribe.(4)Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions of Clause (a) to Clause (e) of Sub-section (1) of Section 17 of the Registration Act, 1908, (16 of 1908) purports to effect transfer of a holding or part thereof by a raiyat belonging to a Scheduled Tribe, in favour of a person not belonging to a Scheduled Tribe, no Registering Officer appointed under that Act shall register any such documents, unless such documents is accompanied by the written permission of the Revenue Officer for such transfer.(5)The provisions contained in Sub-section (1) to (4) shall apply mutatis mutandis, to the transfer of a holding or part thereof a raiyat belonging to the Scheduled Caste.(6)Nothing in this section shall apply -(a)to any sale inexecution of a money decree passed, or to any transfer by way of mortgage executed, in favour of any Scheduled Bank or in favour of any Bank to which the Orissa Co-operative Society Act, 1962 (2 of 1963) applies; and(b)to any transfer by a member of a Scheduled Tribe within a scheduled area.][22A. Surrender or abandonment by raiyat or tenant. - (1) No surrender to the landlord or abandonment of any holding or any part thereof by a raiyat or a tenant shall be valid unless such surrender or abandonment has been previously approved by the Revenue Officer.(2)Any raiyat or tenant desiring to surrender or abandon his holding or any part thereof may furnish information thereof in writing to the Revenue Officer.(3)On receipt of information under Sub-section (2), the Revenue Officer may, after making or causing to be made such inquiry and in such manner, as may be prescribed, or order either approve or disapprove the proposed surrender or abandonment :Provided that no surrender or abandonment shall be disapproved unless the raiyat or tenant, as the case may be, has been given a reasonable opportunity of being heard in the matter.(4)Where the surrender or abandonment of any holding or part thereof is approved by the Revenue Officer under this Section, the holding or part thereof so surrendered or abandoned shall be settled by the Government.(i)where such surrender or abandonment was made by a person belonging to a Scheduled Tribe, with another person belonging to the Scheduled Tribe; or(ii)in a case where no person belonging to a Scheduled Tribe is available or willing to take settlement under Clause (i) or in any other case, with any other person in accordance with the priorities specified in Sub-section (2) of Section 51.(5)Where any raiyat or tenant surrenders or abandons his holding or any part thereof without the previous approval of the Revenue Officer and the holding or part thereof so surrendered or abandoned is taken possession of by the landlord, then, it shall be competent for the Revenue Officer (after giving to the landlord an opportunity of being heard) to impose on the landlord a penalty of an amount not exceeding two hundred rupees per acre of the land so surrendered or abandoned for each year, or any part thereof during which the possession is continued.] [Inserted vide Orissa Act No. 9 of 1974.]
