ST Land related rules in India
Before we dive deep — could you clarify what you mean by “ST Land”? Are you referring to:
Scheduled Tribe (ST) land — land owned or assigned to tribal communities?
Sales Tax (ST) — which doesn’t really apply to land?
Or something else entirely?
If you meant Scheduled Tribe land rules, I’ll start there — and you can guide me if you meant something else.
🏞 Scheduled Tribe (ST) Land: What Are the Rules?
In India, land belonging to Scheduled Tribes is protected by constitutional provisions and state-specific laws to prevent alienation, i.e., transfer or loss of land to non-tribals. Why? Because ST communities are among the most vulnerable, and land is their main livelihood.
🧭 Key National-Level Provisions
| Law / Provision | Purpose |
|---|---|
| Constitution – Fifth Schedule | Special governance for tribal areas (mostly in central India) |
| Constitution – Sixth Schedule | Autonomous councils in northeast India for tribal land and governance |
| PESA Act, 1996 (Panchayats Extension to Scheduled Areas) | Empowers Gram Sabhas in tribal areas to decide on land, natural resources, and development |
| Forest Rights Act, 2006 | Recognizes rights of tribal and forest-dwelling communities over forest land they’ve traditionally used |
🏛 State-Specific Laws (Examples)
Different states have their own strict rules about not allowing non-tribals to buy tribal land:
| State | Rule Summary |
|---|---|
| Jharkhand | Under the Chotanagpur Tenancy Act and Santhal Parganas Tenancy Act, tribal land can't be transferred to non-tribals |
| Odisha | Odisha Scheduled Areas Transfer of Immovable Property Regulation restricts transfer of land from STs to non-STs |
| Madhya Pradesh | Requires Collector’s approval for any transfer of tribal land |
| Andhra Pradesh/Telangana | Land Transfer Regulation Act prohibits non-tribals from owning tribal land in agency areas |
| Maharashtra | Land cannot be sold or mortgaged to non-tribals in notified tribal areas without collector’s approval |
| Gujarat | Restricts land transactions in Scheduled Areas to protect ST interests |
💡 Why So Strict?
Because tribal lands were historically taken away through exploitation, land protection laws aim to:
Prevent displacement
Preserve cultural identity
Protect economic independence
Resist land grabs and misuse
⛔ Can ST Land Be Transferred?
Usually not — except:
To another tribal person
With special permission from the Collector or District Magistrate
In some states, by approval of the Gram Sabha (under PESA)
Would you like to:
Explore a specific state’s ST land rules?
Learn how PESA or Forest Rights Act works in action?
Go through a real case where land was returned to tribals?
RELATED Blog
0 comments