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Law and procedure

OLR Act Section 22 Odisha: Tribal Land Sale Permission

When Section 22 of the Odisha Land Reforms Act, 1960 bars the sale of Scheduled Tribe land, how OLR 22 permission is obtained, and what buyers must check.

By Managing Editor — Title Research 4 min read
OLR Act Section 22 Odisha: Tribal Land Sale Permission

The short answer

What does Section 22 of the OLR Act say about selling tribal land?

Section 22 of the Orissa Land Reforms Act, 1960 (OLR 22) makes a transfer of land by a raiyat belonging to a Scheduled Tribe void unless it is to another member of a Scheduled Tribe, or to anyone else "with the previous permission in writing of the Revenue Officer". OLR 22 permission for a sale is given only if the Revenue Officer is satisfied that no Scheduled Tribe buyer willing to pay the market price is available, and no registering officer may register the deed without it; the same rules cover a raiyat belonging to a Scheduled Caste. The Act prescribes no report format: the inquiry has to establish that one fact for a sale, and the bona fides of a gift. Section 22 does not apply inside a Scheduled Area, where Regulation 2 of 1956 allows no transfer to a non-tribal at all. A transfer made without permission can be declared invalid and the land restored to the seller or the heirs, and the buyer gets no refund (Section 23).

What Section 22 says

"Any transfer of a 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" (Section 22(1), Orissa Land Reforms Act, 1960). "The provisions contained in sub-sections (1) to (4) shall apply, mutatis mutandis, to the transfer of a holding or part thereof of a raiyat belonging to the Scheduled Caste" (Section 22(5)).

Two transfers are outside it: a sale in execution of a money decree or a mortgage in favour of a scheduled bank or a co-operative bank (Section 22(6)(a)), and "any transfer by a member of a Scheduled Tribe within a Scheduled Area" (Section 22(6)(b)), which Regulation 2 of 1956 governs instead.

The Revenue Officer's permission

The Revenue Officer is "any officer appointed as such by Government to discharge any of the functions of a Revenue Officer under the provisions of this Act" (Section 2(28), OLR Act). The Act limits what that officer may allow: "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" (the proviso to Section 22(1)).

The Act prescribes no form for the application and no format for the inquiry report: what the inquiry has to establish is that one fact for a sale, or the bona fides of a gift. The permission comes first. No registering officer "shall register any such document, unless such document is accompanied by the written permission of the Revenue Officer for such transfer" (Section 22(4)), and in Odisha the registering officer must refuse "any instrument relating to transfer of immovable property, the alienation or transfer of which is prohibited under any State or the Central Act" (Section 22-A(1)(c), Registration (Odisha Amendment) Act, 2013). A holding may not be sold to a non-tribal in execution of a decree either, except with the Revenue Officer's written permission (Section 22(3)).

A transfer made without permission: Section 23

"In the case of any transfer in contravention of the provisions of sub-section (1) of section 22 the Revenue Officer on his own information or on, the application of any person interested in the land may issue notice ... calling upon the transferor and transferee to show cause why the transfer should not be declared invalid" (Section 23(1), OLR Act). After an inquiry the officer may declare the transfer invalid and fine the transferee up to Rs 200 an acre for each year the possession continued (Section 23(2)), and then restores the land to the transferor or the heirs, or settles it with another member of a Scheduled Tribe where restoration is not practicable (Section 23(3)). The buyer loses the price too: the transferee "shall not be entitled to the refund of any amount paid" to the transferor for the land (Section 23(4)).

Section 23-A lets the Revenue Officer evict anyone in unauthorised occupation of a Scheduled Tribe or Scheduled Caste raiyat's holding outside a Scheduled Area, and restore it. In a Section 23 case "the burden of proving that the transfer was valid shall ... lie on the transferee", and the time to recover such land is "thirty years" instead of twelve (Section 23-B). The Sub-Collector is the designated officer for cases under Sections 23 and 23-A, with a public-service limit of 150 days (ORTPS notification, 22 April 2025).

Checking the seller before you pay

The Record of Rights records each recorded tenant's caste: read it before anything else. If the seller belongs to a Scheduled Tribe and the land lies in a Scheduled Area, a non-tribal cannot buy it at all; elsewhere, and for a seller belonging to a Scheduled Caste, the Revenue Officer's written permission has to exist before the deed is drawn. Open the Record of Rights by plot or find every parcel recorded under a name.

The other checks before a purchase are in the land verification checklist, and the ceiling in the land ceiling guide. 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.

Frequently Asked Questions

What is Section 22 of the OLR Act, 1960?

The section of the Orissa Land Reforms Act that makes a transfer of land by a raiyat belonging to a Scheduled Tribe void unless it is to another member of a Scheduled Tribe, or made to someone else with the Revenue Officer's previous written permission. It applies to Scheduled Caste raiyats too.

How is OLR 22 permission granted?

By the Revenue Officer, in writing and before the transfer. For a sale, only if the officer is satisfied that no Scheduled Tribe buyer willing to pay the market price is available; for a gift, only if satisfied of its bona fides.

Is there a prescribed format for the OLR 22 report?

The Act prescribes none. What the inquiry must establish is written in the Act itself: for a sale, that no Scheduled Tribe purchaser willing to pay the market price is available; for a gift, that it is bona fide.

Does Section 22 apply in a Scheduled Area?

No. Section 22(6)(b) leaves a transfer by a member of a Scheduled Tribe within a Scheduled Area to Regulation 2 of 1956, which makes a transfer to a non-tribal null and void with no permission to apply for.

Can the Sub-Registrar register a sale of tribal land without permission?

No. Section 22(4) bars registration of the deed unless the Revenue Officer's written permission accompanies it, and Odisha's Registration Act refuses any transfer a State or Central Act prohibits.

What happens if tribal land was bought without permission?

The Revenue Officer can declare the transfer invalid, fine the buyer up to Rs 200 an acre for each year of possession, and restore the land to the seller or the heirs; the buyer gets no refund of the price (Section 23).

How long can a tribal seller take to recover the land?

Thirty years instead of the usual twelve, and in a Section 23 case the buyer must prove the transfer was valid (Section 23-B).

Editorial & Sources

About the author

Anant Mohanty — Managing Editor — Title Research

Anant covers chain-of-title verification, Sabik/Hal reconciliation and mutation timelines for BhoomiScan's editorial team. He works with the Title Research Desk to verify every claim against IGR Odisha procedures and the Bhulekh portal.