Section 3 in The Orissa Betterment Charges Act, 1955
3. Transfer of immovable property by a member of the Scheduled Tribes.
(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).](2)Where a transfer of immovable property is made in contravention of Sub-section (1) the competent authority may, either on application by any one interested therein [or on information received from the Grama Panchayat] [Added by the Orissa Regulation, 1 of 1975.] or on his own motion and after giving the parties, an opportunity of being heard, order ejectment against any person in possession of the property claiming under the transfer and shall cause restoration of possession of such property the transferor or his heirs. In causing such restoration of possession the competent authority may take such steps as may be necessary for securing compliance with the said order or preventing any breach of peace :[Provided that if the competent authority is of the opinion that the restoration of possession of immovable property to the transferor or his heirs is not reasonably practicable, he shall record his reasons thereof land shall, subject to the control of the State Government settle the said property with another member of Scheduled Tribe or in the absence of any such member, with any other person in accordance with the provisions contained in the Orissa Government Land Settlement Act, 33 of 1962.Explanation - Restoration of possession means actual delivery of possession by competent authority to the transferor or his heirs] [Inserted by Orissa Regulation 1 of 2002 vide Orissa Gazette Extraordinary No. 1429 dated 4.9.2002 (Notification No. 11714 dated 4.9.2002).].[Provided further that where, it is decided by the competent authority to settle the said property with any person other than a person belonging to a Scheduled Tribe in accordance with the Orissa Government Land Settlement Act, 1962, he shall obtain prior approval of the concerned Grama Panchayat, accorded with the concurrence of the Grama Sasan.] [Inserted by Orissa Regulation 1 of 2002 vide Orissa Gazette Extraordinary No. 1429 dated 4.9.2002 (Notification No. 11714 dated 4.9.2002).](3)Subject to such conditions as may be prescribed an appeal if preferred within thirty days of the order under Sub-Section (2) shall, if made by the Collector lie to the [Revenue Divisional Commissioner] [Substituted by Orissa Regulation 1 of 1997, vide Orissa Gazette Extraordinary No.391. dated 27.3.1997.] and if made by any other competent authority to the Collector, or any other officer specially empowered by the State Government in this behalf.((3-a) (i) Any order passed by the competent authority under Sub Section (1) or under Sub-section (2) may, within a period of five years from the date of such order, be revised, either on own motion or otherwise, by the Revenue Divisional Commissioner if the order was passed by the Collector and by the Collector if it was passed by any other competent authority, after giving the parties concerned a reasonable opportunity of being heard :Provided that no order shall be revised under this sub-section if an appeal against such order has been entertained under Sub- Section (3).(ii)For the purpose of revising any order, the Revenue Divisional Commissioner or, as the case may be, the Collector shall follow such procedure a may be prescribed and shall have power to call for and examine the records of the proceedings wherein such order was passed and pass such order a he deems fit].(4)Subject to [any order passed under Sub-Section (3) or Sub-Section (3-a)] [Substituted by Orissa Regulation 1 of 1997, vide Orissa Gazette Extraordinary No.391. dated 27.3.1997.] the decision of the competent authority under Sub-Section (2) shall be final and shall not be challenged in Court of law.
