Where it applies
The Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956 "extends to all the Scheduled Areas of the State of Orissa" (Section 1(2), Regulation 2 of 1956). Outside them, a transfer by a Scheduled Tribe raiyat is governed by Section 22 of the Orissa Land Reforms Act; inside them, Section 22 does not apply to "any transfer by a member of a Scheduled Tribe within a Scheduled Area" (Section 22(6)(b), OLR Act).
The rule: void unless it is to another member of a Scheduled Tribe
"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" (Section 3(1), Regulation 2 of 1956). Section 3(1) has no permission for a transfer to a non-tribal: there is nothing to apply for.
Two transfers count as transfers to a non-tribal though they look otherwise: one "in favour of a female member of a Scheduled Tribe, who is married to a person not belonging to any Scheduled Tribe", and one "to a person belonging to a Scheduled Tribe for consideration paid or provided by another person not belonging to any such Tribe" (Explanation I). A tribal name on the deed does not help a buyer who paid for the land.
The limits even on a sale to a tribal buyer
The provisos to Section 3(1) bar three more transfers (Regulation 2 of 1956): land "settled with such member of Scheduled Tribe by or under any authority of the State or the Central Government" cannot be transferred at all; mortgaged land sold in execution of a decree cannot go to a non-tribal; and "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 un-irrigated land". A member's immovable property within a Scheduled Area cannot be attached and sold for a money decree either, "except as and if prescribed" (Section 6).
Ejectment, restoration and the penalty
Where land was transferred in breach of Section 3(1), the competent authority "may, either on application by any one interested therein or on information received from the Grama Panchayat 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 to the transferor or his heirs" (Section 3(2), Regulation 2 of 1956). The competent authority "means the Collector and includes any other officer or officers appointed by the State Government by notification" (Section 2(ab)). An appeal lies within 30 days (Section 3(3)), an order may be revised within 5 years (Section 3(3-a)), and the decision "shall not be challenged in court of law" (Section 3(4)). Section 3-A gives the same power against anyone in unauthorised occupation of a tribal member's land.
Staying on is a crime. A person in possession in contravention of the Regulation, or who stays after eviction, "shall be punishable with rigorous imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both", and one who reoccupies after eviction faces up to three years or a fine up to ten thousand rupees (Section 7).
The Sub-Collector is the designated officer for the Regulation's cases "under clause 3(A)" and "clause 3(B)", as the notification names them, with a public-service limit of 150 days (ORTPS notification, 22 April 2025).
Land taken from a tribal owner by fraud since 1956
Section 3-B, added in 2000, reaches back. A person who held agricultural land that a member of a Scheduled Tribe had transferred between 4 October 1956 and the 2000 amendment had to "notify to the Sub-Collector ... all the information as to how he has come in possession of such land" within two years; one who did not is presumed to have "been in possession of the agricultural land without any lawful authority", and the land reverts to the tribal owner or the heirs; where the Sub-Collector finds the owner "has been defrauded of his legitimate right he shall declare the transaction null and void" (Section 3-B, Regulation 2 of 1956).
Checking the seller and the land
The Record of Rights records each recorded tenant's caste; the land's district and tahasil tell you whether it lies in a Scheduled Area. Open the Record of Rights by plot and read both before anything else.
Find every parcel recorded under a name, and run the Land Litigation Check on the names in the land's chain: 499 credits for up to 30 names, in the Orissa High Court and the district court where the land lies. The AI title report reads the EC, the Record of Rights and the deeds together; our empanelled advocates give a written, signed opinion.