Special Provisions for Scheduled Tribes — Sections 137–152

Key protections for ST landholders:

• Section 138: Transfer of land of Scheduled Tribe members to non-ST persons is prohibited without prior permission of the Collector
• Section 139: If tribal land has been transferred illegally, the Collector can restore it to the original tribal holder
• Section 152: The limitation period for challenging illegal transfers of tribal land is extended (not subject to normal limitation rules)

These provisions are critical in areas like Banswara, Dungarpur, Pratapgarh (Vagad region), and the Mewar tribal belt.

Supreme Court reinforcement: The Supreme Court in Samatha v. State of Andhra Pradesh (1997) held that transfer of tribal land to non-tribals is unconstitutional in Fifth Schedule areas. Though Rajasthan is not a Fifth Schedule area, the spirit has influenced Rajasthan's tribal land protection.

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