Restoration Of Land To Scheduled Tribes Presented by Wagh Jitendra Dy Coll & Asst. Prof YASHADA

Two Enactments For Restoration Sec 36 (2) – as per Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act,1974 Maharashtra Restoration of Lands to Scheduled Tribes Act. 1975 (Transfer between 01/04/1957 & 06/07/1974)

MAHARASHTRA LAND REVENUE CODE 1966 SEC 36(2) occupancies of persons belonging to the Scheduled Tribes shall not be transferred except with the previous sanction of the Collector SEC 36(3) -Where an occupant belonging to a ST in contravention of sub- section (2) transfers possession of his occupancy, the transferor or any person who if he survives the occupant without nearer heirs would inherit the holdings, may, (within thirty years) of such transfer of possession, apply to the Collector to be placed in possession . -dispose of such application in accordance with the procedure which may be prescribed

- prior to commencement of the Amendment Act, 1974 a Tribal in contravention of sub-section (2) transferred possession of his occupancy to an non-Tribal and such occupancy is in the possession of such non-Tribal or his successor-in-interest, and has not been put to any non- agricultural use before such commencement, collector on application suo moto of tribal/ successor-in-interest (within 30 years) declare the transfer of the occupancy to be invalid, and direct that the occupancy shall be taken from the possession of such non-Tribal or his successor-in-interest and restored to the Tribal or his successor-in-interest (half the land if transfer is prior to commencement & in favour of non-tribal who is rendered landless because of land acquisition)

SEC 36(3A) Where any Tribal or his successor - in -interest to whom the possession of the occupancy is directed to be restored expresses unwillingness to accept the same, Order directing land vest in Govt along with standing crops if any from date of order SEC 36(3B) non tribal 48 times + value of improvement

– if less than amount determined by collector full SEC 36(3C) Encumbrances – if less than amount determined by collector full - exceeds holders of encumbrances in order of priority SEC 36(3D) -land vested in government to be granted to tribal in same village / 5 km in accordance with provisions of the act & rules.

SEC 36A Restrictions on transfers of occupancies by Tribals (1) no occupancy of a Tribal shall, after the commencement of the MLRC Amendment Act, 1974, be transferred in favor of any non-Tribal by way of sale (including sales in execution of a decree of a Civil Court or an award or order of any Tribunal or authority), gift, exchange, mortgage, lease or otherwise, except on the application of such non-Tribal and except with the previous sanction- (a)in the case of a lease or mortgage for a period not exceeding 5 years, of the Collector; and (b) in all other cases, of the Collector with the previous approval of the State Government (no such sanction shall be accorded by the Collector unless he is satisfied that no Tribal residing in the village in which the occupancy is situate or within five kilometers thereof is prepared to take the occupancy from the owner on lease, mortgage or by sale or otherwise)

SEC36A(3) expiry of the period of the lease or mortgage, Collector suo motto application made by the Tribal, restore possession of the occupancy to the Tribal. SEC36A(4) any occupancy transferred in contravention of sub-sec(1) Collector suo motto application made by the Tribal (30 years) decide the matter.

SEC36A(6) collector notice to tribal transferor Collector decides transfer in contravention of sub-section (1), he shall declare the transfer to be invalid, occupancy together with the standing crops thereon, if any, shall vest in the State Government free of all encumbrances SEC36A(6) collector notice to tribal transferor whether or not willing to purchase the land(within 90 days) agrees to purchase the occupancy, the occupancy be granted if he pays the prescribed purchase price (48 times assessment) and undertakes to cultivate the land personally

36C.Bar of Jurisdiction of Civil Court or authority. 36B.Damages for use and occupation of occupancies in certain cases. A non-Tribal who after the occupancy is ordered to be restored or after the occupancy is vested in the State Government continues to be in possession of the occupancy, then the non-Tribal shall pay to the Tribal and/or to the State Government, for the period from following the year in which the occupancy is or is ordered t be restored to the Tribal or is vested in the State Government till possession of the occupancy is given to the Tribal or the State Government , such amount for the use and occupation of the occupancy as the Collector may fix in the prescribed manner. 36BB. Notwithstanding anything contained in this Act of any law for the time being in force, no pleader shall be entitled to appear on behalf of any party in any proceedings under section 36, 36A or 36B before the Collector, the Commissioner of the State Government. 36C.Bar of Jurisdiction of Civil Court or authority.

MAHARASHTRA LAND REVENUE(TRANSFER OF OCCUPANCY BY TRIBALS TO NON-TRIBALS) RULES,1975 Rule 3(1)- application of nontribal-public notice by collector in form A (details regarding land, nature of transfer, consideration proposed) to call upon tribals willing to have occupancy transferred to them Rule 3(2)- notice in village concerned & all villages within radius of 5 km +COLL+SDO+TAH+GP+ ASSOCIATION OF TRIBALS in taluka Rule 3(3)- tribals ready it be informed to tribal transferor & permission may not be granted

Rule4 (1) sanction may be given subject to provision of rule 3 (a)Sale of land (i)For bonafide NA purpose (ii)Execution of civil court decree/recovery of arrears of land revenue (no sanction if tribal is rendered landless) (b) Lease if lessor is minor, widow, disable no NA (c) Mortgage for loan for development of land use allowed (d) Exchange with land of equal or nearly equal value in the same village (e) Sale or lease to industrial undertaking, educational or charitable institute, cooperative society (f) Person has been or likely to be rendered landless because of acquisition

Maharashtra Restoration of Lands to Scheduled Tribes Act. 1975 Transfer between 01/04/1957 & 06/07/1974 (after 6 July 1974 ?) Collector suo Moto / upon application of tribal person within 30 years Undertaking by tribal to cultivate land personally & pay non tribal value determined by collector.

Transfer Land transferred from tribal to non tribal Restored free from encumbrances Half the land if non tribal’s land acquired & he is left landless 48 times assessment or amount of consideration whichever is less + value of improvement Exchange Land acquired by tribal is less in value than the land given in exchange + non tribal has not put to any NA use on or before 06/07/1974 Encumbrances go with land to tribal & non tribal Value of improvement payable to tribal & non tribal Encumbrances – if less than amount determined by collector full - exceeds holders of encumbrances in order of priority

Sec 4 In between 01/04/1957 to 06/07/1974 land purchased or deemed to be purchased by non tribal tenant from tribal landlord as per tenancy law RESTORED

SEC 5A Land liable to for restoration cannot be restored -failure of tribal transferor to give undertaking -unwillingness to refund purchase price -Order directing land vest in Govt free from encumbrances from date of order -non tribal 48 times + value of improvement -tribal in same village / 5 km on payment of 48 times + value of improvement

Sec 6 appeal against order of collector –MRT (60 days) Sec7 within 3 years revision –commissioner, otherwise with govt order Sec 9a pleaders excluded from appearance

THANKS !!!