Adivasi can only transfer their land property to only Adivasi or can gift for the Charitable purposes for common social welfare it is the rule of Law for the Adivasies under Adivasi land protection Acts as of: TLR & LR Act. 1960. Section 187 of the Act relates to restoration of Tribal Land. Under Section 187 (1) (b) of the TLR & LR Act, 1960. a Triban Land can be transfereed to a Non Tribal agency or person, The Collector (D.M & Collector) is the competent authority to approve such transfer of land after recommendation of Tribal Advisory Committee under the clause (b) of Sub-Section 1 of Section 187 of the said Act.As per Rule 215 of the TLR & LR Rules, 1961, before giving any permission to the transfer of any land by a member of the Sch. Tribes under clause (b) of Sub-Section 1 of Section 187 of the said Act, the Collector shall make an enquiry of the following points :-
1. Inquire whether the member of the Sch. Tribe can afford to meet his wants within transferring the land.
2. Inquire whether after the transfer, the transferor will be left with Agricultural land not less then the size of a family holding.
3. Obtain the recommendation of the District Tribal Advisory Committee in all cases after apprising the Committee of the result of the enquiry.
Section 4 (m) (iii) of the PESA Act,1996 provides that while endowing Panchayats in the Scheduled Areas with such powers and authority as may be necessary to enable them to function as institution of self-government, a State Legislature shall ensure that the Panchayats at appropriate level and the Gram Sabha are endowed specifically with the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe. As per this Act, the Legislature of a State is barred from making any law inconsistent with the features given under Section 4 of the Act. Please indicate :-
There is no scheduled areas in our District and PESA is not applicable here. No other Law has been enacted in the State except the TLR & LR Act,1960 as amended in respect of transfer of tribal land and restoration of alienated land from time to time.
