**Executive Summary**
The Ministry of Tribal Affairs addresses the issue of illegal transfer of tribal land to non-tribal persons in response to a question in Rajya Sabha on December 17, 2025. Land management falls under the jurisdiction of state governments, and the central Ministry does not maintain details of illegal transfer cases. The Fifth Schedule of the Constitution and State Land Regulation Acts provide safeguards and restrictions, and Tribes Advisory Councils (TACs) advise Governors on tribal welfare.
**Key Points / Main Content**
* **Jurisdiction:**
* Land and its management are under the exclusive legislative and administrative jurisdiction of states.
* The Ministry of Tribal Affairs in the central government does not maintain details of illegal land transfer cases; this information resides with State Governments.
* **Safeguards and Regulations:**
* The Fifth Schedule of the Constitution provides safeguards against displacement of tribal populations.
* Governors of states with Scheduled Areas are empowered to restrict land transfer by Scheduled Tribes.
* States with Scheduled Areas have Land Regulation Acts to restrict land alienation and regulate money lending.
* **Advisory and Oversight:**
* Tribes Advisory Councils (TACs) are established to advise Governors on tribal welfare and administration.
* Governors of states with Scheduled Areas report annually to the President of India on administration, enabling central oversight.
* **Ministry Actions:**
* The Ministry of Tribal Affairs issues directions and advisories to State Governments to protect the interests of Scheduled Tribes.
**Impact Analysis**
**State Governments**
* **Impact:** Responsible for the legislative and administrative management of land, including preventing illegal land transfers. State governments oversee the enforcement of regulations regarding land alienation and money lending in Scheduled Areas.
* **Action Required:** Enforce existing Land Regulation Acts, implement the provisions of the Fifth Schedule, and address the reported cases of illegal land transfers.
**Governors of States with Scheduled Areas**
* **Impact:** Advised by TACs on tribal welfare, responsible for making rules for effective functioning. They are empowered to restrict land transfer by Scheduled Tribes.
* **Action Required:** Utilize TAC advice, make rules for effective TAC functioning, and oversee the enforcement of land transfer restrictions.
**Scheduled Tribes (STs)**
* **Impact:** Protected by constitutional provisions, land regulation acts, and advisories/directions from the Ministry of Tribal Affairs to the State Governments.
* **Action Required:** Be aware of their rights, report illegal land transfers, and participate in TACs where applicable.
**Tribes Advisory Councils (TACs)**
* **Impact:** Plays an advisory role regarding tribal welfare and administration, advising the Governor on these matters.
* **Action Required:** Provide advice to the Governor for the welfare and administration of Scheduled Tribes and effective functioning of the governing body.
Key Entities Referenced
Fifth Schedule of the Constitution: Provides safeguards against displacement of tribal populations and empowers the Governor to regulate land transfer in Scheduled Areas.
Scheduled Areas: Areas where provisions of the Fifth Schedule of the Constitution apply, particularly concerning land rights of Scheduled Tribes.
Ministry of Tribal Affairs: Issues directions and advisories to State Governments to protect the interests of Scheduled Tribes, particularly regarding land rights.
Tribes Advisory Councils (TACs): Advisory bodies established in states with Scheduled Areas to advise the Governor on matters of tribal welfare and administration.
Land Regulation Acts: State-level legislation in Scheduled Areas restricting land alienation and transfer of tribal lands to non-tribals.
Ministry of Tribal Affairs
ILLEGAL TRANSFER OF TRIBAL LAND TO NON-
TRIBAL PERSON
प्रव तथ: 17 DEC 2025 4:32PM by PIB Delhi
Replying to an un-starred question today in Rajya Sabha the Union Minister of State for Tribal Affairs
Shri Durgadas Uikey informed that Land and its management fall under the exclusive legislative and
administrative jurisdiction of States as provided under the Constitution of India (Seventh Schedule- List II
(State List)- Entry No. (18). Further, the details of reported cases of incidents of illegal transfer of tribal
land to non-tribal persons across various States is not maintained by the Ministry of Tribal Affairs in
central government, this information lies with State Government.
Fifth Schedule of the Constitution, provides for safeguards against displacement of tribal population
because of land acquisitions etc. The Governor of the State which has Scheduled Areas is empowered to
prohibit or restrict transfer of land by or among members of the Scheduled Tribes in such area and
regulate the allotment of land to members of the Scheduled Tribes in such cases. All the States having
Scheduled Areas therein have their Land Regulation Acts relating to restriction of land alienation and
transfer of tribal lands to non-tribals which regulates money lending business in Scheduled Areas to
protect and safeguard to the Scheduled Tribes (STs) in Scheduled Areas. The implementation of provisions
of Fifth Schedule of the Constitution is the responsibility of the State Governments concerned having
Scheduled Areas therein.
Further, Tribes Advisory Councils (TACs) have been established in each state with Scheduled Areas to
advise the Governor on matters of tribal welfare and administration. The Governor makes rules for their
effective functioning. The Governor of each state with Scheduled Areas reports annually to the President
of India on the administration of these areas, allowing for Central government oversight and direction.
The Ministry of Tribal Affairs has been issuing directions/ advisories from time to time to State
Governments to ensure the interest of the Scheduled Tribes is guarded properly in terms of Constitutional
provisions and various laws meant to provide safeguards to the STs.
RN/
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