GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA ACT No. V OF 1977.

THE MAHARASHTRA TRIBALS ECONOMIC
CONDITION (IMPROVEMENT) ACT, 1976.

[ As modified upto the 17th June 2013]

PRINTED IN INDIA BY THE MANAGER, CENTRAL JAIL PRESS, NAGPUR AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING,  STATIONERY  AND
PUBLICATIONS MAHARASHTRA STATE, MUMBAI-400 004

J-1072

2013

[Price :--Rs. 6.00 ]

1977 : Mah. V]

(i)

THE MAHARASHTRA TRIBALS ECONOMIC CONDITION
(IMPROVEMENT) ACT, 1976.

—————————

CONTENTS

PREAMBLE.

SECTIONS.

1. Short title, extent, commencement and cessation.

2. Definitions.

3. Effect of Act, rules, etc., inconsistent with other enactments.

4. Lending in cash or kind to Tribals.

5. Marketing  and  transport  of  specified  agricultural  produce

prohibited.

6. Appointment of agents.

7. Power  of  State  Government  or  of  its  agents  to  fix  purchase

price of specified produce.

8. State Government Tribal Authority or agent to purchase and

sell specified produce.

9. Operation of Mah. XX of 1964 in specified tribal areas.

10.

[Deleted.]

11. Power of entry, search, seizure, etc.

12. Offences and penalties.

13. Cognizance of offence, etc.

14. Power to suspend operation of provisions of this Act.

15. Delegation of powers.

16.

Indemnity.

17. Every  officer,  agent  or  his  servant  or  sub-agent  to  be  public

servant.

18. Rules.

19. Repeal of Mah. Ord. No. VIII of 1976 and savings.

SCHEDULE

J-1072—1

1

MAHARASHTRA ACT No. V OF 19771.
[THE “MAHARASHTRA TRIBALS ECONOMIC CONDITION (IMPROVEMENT) ACT, 1976]

[8th January 1977.]
[This  Act  received  the  assent  of  the  President  on  8th  January  1977;
and  assent  was  first  published  in  the Maharashtra Government Gazette,
Part IV, Extraordinary, on the 8th January 1977.]
Amended by Mah. 56 of 1977 † §

An Act to provide for promoting improvement in the economic condition of

the Tribals in the State of Maharashtra.

WHEREAS, having regard to the economic and social backwardness of the
Tribals  owing  to  the  geographical  and  social  isolation  in  which  they  have
lived hitherto, it is considered necessary to bring about within as short a time
as possible an effective improvement in the economic condition of the Tribals;
AND  WHEREAS  one  of  the  measures  to  bring  about  such  effective
economic  improvement  was  to  protect  them  from  exploitation  by  certain
unscrupulous  elements  in  society  by  making  any  lending  made  before  the
commencement of the Maharashtra Tribals Economic Condition (Improvement)
Ordinance, 1976, invalid and void ab initio and by prohibiting private agencies
from  lending  them  anything,  and  by  prohibiting  the  marketing  of  certain
agricultural produce in the Tribal areas in the State by private agencies and
by permitting lending only through the State Government and other specified
agencies and by providing suitable alternative arrangement in such areas for
marketing of such produce through the State Government and other specified
agencies; and by providing for matters connected therewith;

AND WHEREAS both Houses of the Legislature of the State were not in

session;

Mah.
Ord.
VIII
o f
1976.

Mah.
Ord.
VIII
o f
1976.

AND WHEREAS the Governor of Maharashtra was satisfied that circum-
stances existed which rendered it necessary for him to take immediate action
for  securing  the  purposes  aforesaid;  and,  therefore,  promulgated  the
Maharashtra Tribals Economic Condition (Improvement) Ordinance, 1976,
on the 9th day of October 1976;

AND WHEREAS it is expedient to replace the said Ordinance by an Act of
the  State  Legislature  and  also  to  make  certain  other  provisions  for  the
purposes  hereinafter  appearing;  It  is  hereby  enacted  in  the  Twenty-seventh
Year of the Republic of India as follows :—

1. (1) This  Act  may  be  called  the  Maharashtra  Tribal  Economic

Condition (Improvement) Act, 1976.

(2)
(3)

It extends to the whole of the State of  Maharashtra.
(a) The provisions of this section, section 2, and sub-sections (1)
and (4) of section 4 and other provisions of this Act incidental or ancillary
to these provisions, shall be deemed to have come into force in all the Tribal
areas in the State on the 9th day of October 1976.

1 For  Statement  of  Objects  and  Reasons, see Maharashtra Government Gazette, 1976,

Part  V,  Extra,  pp.  623-637.

§ The  Maharashtra  Ordinance  No.  VII  of  1977  was  repealed  by  Mah.  56  of  1977, s. 9.
† The  whole  Act,  except  sections  2,  3  (b),  5(d)  and  7  shall  be  deemed  to  have  come  into
force on 19th September 1977 and sections 2, 3 (b), 5(d) and 7 have come into force on 23rd
November  1977  [see section  1  (2)  of  Mah.  56  of  1977].

2 These  words  were  substituted  “and  commencement”  by  Mah.  56  of  1977,  s.  2(c).

Short  title,
extent,
2[com-
mencement
and
cessation].

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The Maharashtra Tribals Economic Condition [1977 : Mah. V

(Improvement) Act, 1976

(b) All other provisions of this Act shall be deemed to have come into
force on the 9th day of October 1976, in the first instance, in the Navapur
taluka  of  the  Dhule  district  and  the  Melghat  taluka  of  the
Amravati district.

(c) The  State  Government  may  bring  1[into  force]  the  provisions
of this Act which have not come into force under clauses (a) and (b) of
this sub-section in such Tribal areas and from such date as it may, by
notification in the Official Gazette appoint; and different dates may be
appointed  for  bringing  into  force  different  provisions  in  respect  of
different Tribal areas.

2[(4) (a) Notwithstanding anything contained in clauses (b) and (c) of
sub-section  (3),  if  at  any  time,  the  State  Government  is  satisfied  that
circumstances exist which render it necessary for the State Government so
to do, the State Government may, by notification in the Official Gazette,
direct that all or any of the other provisions of this Act referred to in the
said clauses (b) and (c) which are deemed to have come into force, or which
are brought into force, in any tribal area shall cease to be in force in that
Tribal area on such date as may be specified in the notification, except as
respects things done or omitted to be done under the said provisions before
such date.

(b) Where  the  State  Government  has  directed  under  clause  (a)  of
this sub-section, that any such provisions shall cease to be in force in
any  Tribal  area,  if,  at  any  subsequent  time,  the  State  Government  is
satisfied that there is a change in the circumstances and it is necessary
so to do, the State Government may, by like notification, direct that all
or any of the provisions which had ceased to be in force shall again come
into force in that Tribal area on such date as may be specified in the
notification.]

Definations.

2.

In this Act, unless the context otherwise requires,—

3[(a) “agricultural produce” means all produce (whether processed or
not) specified in the Schedule, and includes such other produce (whether
processed  or  not)  of  agriculture,  horticulture,  animal  husbandry,
pisciculture and forest as the State Government may, in the interest of
the Tribals, by notification in the Official Gazette, from time to time, add
to the Scheduel. The State Government may, in the interest of the Tribals,
by like notification, from time to time, delete any agricultural produce
from the Schedule;]

(b) “appointed date” means,—

(i)

in  relation  to  the  areas  and  the  provisions  referred
to in clauses (a) and (b) of sub-section (3) of section 1, the 9th day of
October 1976; 4* *

(ii)

in relation to any other areas in which any of the provisions
of this Act are brought into force under clause (c) of sub-section (3) of
section 1, the date appointed by notification under that clause;

1 These  words  were  inserted  by  Mah.  56  of  1977,  s.  2(a).
2 Sub-section (4)  was  added, ibid.,  s.  2(b).
3 Clause (a)  was  substituted  for  the  original,  ibid., s.  3(a).
4 The word “and” was deleted, ibid., s.  3(b)  (i).

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3

(Improvement) Act, 1976

1[(iii) in relation to other provisions referred to in clauses (b) and
(c) of sub-section (3) of section 1, if in any Tribal area all or any of the
said provisions have ceased to be in force and have again been brought
into force under clause (b) of sub-section 1, then the date specified in
the notification under clause (b) of sub-section (4) of section 1;]

(c) “prescribed” means prescribed by rules made under this Act;

2[(ca) “sale by retail”, in relation to any agricultural produce by
any person means sale of that produce by that person only once in a
day and that too of any quantity therof, whether by weight, measure,
number or otherwise, which does not exceed the limit for retail sale
specified by the Statge Government, from time to time, by notification
in the Official Gazette, in relation to that produce, and until such limit
is specified in relation to any such produce, of any quantity thereof,
the sale price of which does not exceed ten rupees, and the corresponding
expression “purchase by retail” shall be construed accordingly;]

(d) “ Scheduled Tribes” means such Tribes or Tribal communities or
parts of or groups within, such Tribes or Tribal Communities as are deemed
to be Scheduled Tribes in relation to the State of Maharashtra under article
342 of the Constitution of India; and persons who belong to the Tribes or
Tribal  communities,  or  parts  of,  or  groups  within,  Tribes  or  Tribal
communities, specified in Part VII-A, of the Schedule to the Constitution
(Scheduled Tribes) Order, 1950, made under the said article 342, but who
are not residents in the localities specified in that Order and who nevertheless
need the protection of this Act (and it is hereby declared that they do need
such protection) shall, for the purposes of this Act, be treated in the same
manner as members of the Scheduled Tribes;

(e)

“Tribal”  means  a  person  belonging  to  a  Scheduled  Tribe  and

includes his successor in interest who is also a Tribal;

(f) “Tribal area” means the Scheduled areas and such others areas in
the State as the State Government may, from time to time, by notification
in the Official Gazette, specify, regard being had to the population of the
Tribals in any such area,  or to the area where steps have been taken or are
proposed to be taken for the improvement of the economic condition of the
Tribals and such other factors as the State Government may think fit;

Explanation.—(1) “Scheduled Areas” means the areas within the State of
Maharashtra declared to be Scheduled Areas by the Scheduled Areas (Part A
States) Order, 1950, or as the case may be, the Scheduled Areas (Part B States)
Order, 1950 (each such order for the time being in force) made under the sub-
paragraph (1) of  paragraph  6  of  the  Fifth  Schedule  to  the  Constitution  of
India;

(2)

“population”  means  the  population  as  ascertained  in  the  last
preceding  census  of  which  the  relevant  figures,  whether  provisional  or
final, have been published;

1 Sub-clause (iii) was added, by Mah. 56 of 1977, s. 3(b) (ii).
2 Clause (ca)  was  inserted,  ibid., s.  3(c).

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The Maharashtra Tribals Economic Condition [1977 : Mah. V

(Improvement) Act, 1976

Effect  of
Act,  rules,
etc.,
inconsistent
with  other
enactments.

Lending  in
cash  or
kind  to
Tribals.

(g) “Tribal Authority” means the officer appointed for the time being to
be the Tribal Commissioner for the State, and includes any officer appointed
by  the  State  Government  to  perform  the  duties  of  the  Tribal  Authority
under all or any of the provisions of this Act;

(h) words and expressions used in this Act but not defined herein shall
have the meanings respectively assigned to them in the Maharashtra Debt
Relief Act, 1975.
3. The provisions of this Act or any rule or order made thereunder shall
have effect notwithstanding anything inconsistent therewith contained in any
enactment  other  than  this  Act  or  any  instrument  having  effect  by  virtue  of
any enactment other than this Act.

Mah.
III of
1976.

Mah.
III of
1976.

XLIII
of 1961.

4. (1) Notwithstanding anything contained in any law for the time being
in  force  or  any  contract  or  other  instrument  having  force  by  virtue  of  any
such law, any lending, whether in cash or kind, for any purpose whatsoever,
either without any security or on the security of any property, made by any
person to a Tribal before the appointed date, shall be deemed to be invalid and
void ab initio, and thereupon the provisions of the Maharashtra Debt Relief
Act, 1975, shall apply to such invalid and void debts as they apply in relation
to debts which are deemed to be wholly discharged under that Act.

Explanation.—For  the  purposes  of  this  sub-section,  “a  Tribal”  means  a
Tribal who is either a marginal farmer, a rural artisan or a rural labourer,
1[and who is not an assessee under the Income-tax Act, 1961, on the appointed
date] or who on the appointed date holds land not more than 9 hectares of
unirrigated land or 3 hectares of perennially irrigated land. Where a Tribal
holds  unirrigated  land  as  well  as  perennially  irrigated  land,  one  hectare
of perennially  irrigated  land  shall  be  considered  as  equivalent  to  three
hectares of unirrigated land and vice versa.

(2) Notwithstanding anything contained in any law for the time being in
force,  no  person  shall,  after  the  appointed  date,  lend  anything,  whether  in
cash or in kind, for any purpose whatsoever, to a Tribal either without any
security or on the security of any property or bind down any Tribal to daily
attendance, or to manual labour or to both until the loan is repaid and any
such lending made, on or after the appointed date by any person to a Tribal,
shall be deemed to be invalid and void ab initio, and if any such lending is
made  on  the  security  of  any  property,  such  property  shall  be  forthwith
delivered to the Tribal.

(3) Unless  the  claim  to  the  property  is  disputed,  if  the  property  is  not
delivered forthwith, the Tribal may request the Commissioner of Police where
there is one, and elsewhere, the District Magistrate or the Superintendent of
Police, to enforce delivery of possession of such property. The Commissioner
of Police, the District Magistrate, or as the case may be, the Superintendent of
Police, shall take or cause to be taken such steps, or use or cause to be used
such  force  as  may  be  reasonably  necessary,  for  securing  delivery  of
the possession of the property, to the Tribal.

1 These  words  and  figures  shall  be  deemed  always  to  have  been  substituted  for  the
words, letters and figures, “whose net income from all sources does not exceed Rs. 8,000 per
annum  on  the  appointed  date”  by  Mah.  56  of  1977,  s.  4.

1977 : Mah. V] The Maharashtra Tribals Economic Condition

5

(Improvement) Act, 1976

Explanation.—For the purposes of this sub-section,—

(a) “the Commissioner of Police” includes an officer not below the rank

of Inspector of Police duly authorised by him;

(b) “the District Magistrate” includes an officer not below the rank of

Tahsildar duly authorised by him; and

(c) “the  Superintendent  of  Police”  includes  an  officer  not  below  the

rank of Sub-Inspector of Police duly authorised by him.

(4) Nothing contained in sub-sections (1) and (2) shall apply to any lending
referred to in those sub-sections made to any Tribal by the State Government,
or any corporation owned or controlled by the State or agent authorised by it
in this behalf, co-operative society or local authority or by any bank.

Explanation.—For the purposes of this sub-section,—

(1) “a co-operative society” means a society registered or deemed to be

registered under the Maharashtra Co-operative Societies Act, 1960;

(2) “a bank” means—

(a) “a banking company as defined in the Banking Regulation Act,

1949;

(b)

the State Bank of India constituted under the State Bank of In-

dia Act, 1955;

(c) a  subsidiary  bank  as  defined  in  the  State  Bank  of  India

(Subsidiary Banks) Act, 1959;

(d) a  corresponding  new  bank  constituted  under  the  Banking

Companies (Acquisition and Transfer of Undertakings) Act, 1970;

(e)

the Regional Rural Bank constituted under the Regional Rural

Banks Act, 1976;

(f)

the  Agricultural  Refinance  and  Development  Corporation
constituted  under  the  Agricultural  Refinance  and  Development
Corporation Act, 1963;

(g) any other banking institution notified by the Central Government

under section 51 of the Banking Regulation Act, 1949.

Mah.
XXIV
o f
1961.

10 of
1949.

23 of
1955.

38 of
1959.

5 of
1970.

21 of
1976.

10 of
1963.

10 of
1949.

5.

1[(1) Notwithstanding  anything  contained  in  any  law  for  the  time

being in force, but subject to the provisions of this section—

(a) no producer or foregatherer of such agricultural produce in such
Tribal area as the State Government may, by notification in the Official
Gazette, specify (hereinafter referred to as “the specified produce” and “the
specified Tribal area”, respectively), shall, after the appointed date, sell such
specified produced in such specified Tribal area, either for cash or in kind or in
any other manner whatsoever, to any person, except to the State Government
or Tribal Authority or agent authorised by the State Government;

Marketing
and
transport  of
specified
agricultural
produce
prohibited.

1 Sub-section (1)  was  substituted  by  Mah.  56  of  1977,  s.  5(a).

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The Maharashtra Tribals Economic Condition [1977 : Mah. V

(Improvement) Act, 1976

(b) no person, except the State Government, Tribal Authority or agent
authorised by the State Government, shall purchase from the producer or
foregatherer any specified produce in any specified Tribal area.]

(2) The  State  Government  or  the  Tribal  Authority  may  by  order  in
writing open collection centres in the specified Tribal area for collecting
thereat the specified produce for the purpose of their marketing. The State
Government  or  the  Tribal  Authority  shall  publish  such  order  for  the
information of the public in such manner as it thinks fit.

(3) Where 1[any producer or foregatherer] wishes to sell any specified
produce within the specified Tribal area under the provisions of this Act, he
shall tender all such specified produce only at the collection centre opened
for the purpose under sub-section (2).

2[(4) Nothing in sub-section (1) shall apply to any sale by retail by any
producer or foregatherer of any specified produce in any specified Tribal
area  or  to  any  purchase  by  retail  by  any  person  from  any  producer  or
foregatherer of such produce in such area.]

(5) When  any  agricultural  produce  is  notified  in  relation  to  any
specified Tribal area under sub-section (1), no person other than the State
Government, Tribal Authority or agent 3[authorised by the State Government]
in  this  behalf  shall,  except  with  the  previous  permission  of  the  State
Government or the Tribal Authority or any officer or other person authorised by
the State Government, transport or attempt to transport any such specified
produce from such Tribal area to any place outside such area, or vice versa.

Appoint-
ment  of
agents.

6.

(1) The State Government may, for the purpose of purchase or sale of
any specified produce in any specified Tribal area, by order appoint agents, in
respect  of  such  Tribal  area  specified  in  the  order. Such  agents  or  their
sub-agents  shall  be  either  co-operative  societies  registered  or  deemed  to  be
registered under any law relating to such societies for the time being in force
in  the  State  or  any  corporation  or  institution  or  organisation  owned,  con-
trolled or financed by any Government or such co-operative society.

(2) The terms and conditions for appointment of agents and sub-agents
shall be such as may be determined by the State Government, from time
to time.

7.

(1) The  State  Government  or  its  agents  authorised  by  it  in  this
behalf, shall, in respect of any specified produce, fix the price at which such
produce shall be purchased by, or on behalf of, the State Government, in any
specified  Tribal  area  or  part  thereof  and  shall  publish  the  same  in  such
manner as the State Government may determine :

Power  of
State
Govern-
ment  or  of
its  agents  to
fix  purchase
price  of
specified
produce.

1 These  words  were  substituted  for  the  words  “any  person”,  by  Mah.  56  of  1977, s.  5(b).
2 Sub-section (4)  was  substituted,  ibid., s.  5(c).
3 These words were substituted for the words “authorised by it”, ibid., s.  5  (d).

1977 : Mah. V] The Maharashtra Tribals Economic Condition

7

(Improvement) Act, 1976

Provided that prices may be fixed or revised, from time to time, periodically
or when considered necessary, and different prices may be fixed for different
produce or any quality or variety thereof in different specified Tribal areas or
parts thereof and in doing so, regard shall be had, amongst other things, to—

(a)

the price of the specified produce determined on the recommenda-
tions of the Agricultural Prices Commission established by the Govern-
ment of India;

(b)

the quality of the specified produce grown in that specified Tribal

area or any part thereof; and

(c)

such other factors as the circumstances of each case may require.

(2) When the prices are fixed or revised by the agents, they shall also
comply with the guidelines issued in this behalf by the State Government,
from time to time.

10 of
1955.

(3) Nothing in sub-sections (1)  and  (2) shall affect the price fixed in
respect of any agricultural produce (being a specified produce) under any
order  made  under  section  3  of  the  Essential  Commodities  Act,  1955,
requiring persons holding in stock such agricultural produce to sell it to the
State Government at a specified price.

8.

(1) The State Government, Tribal Authority or the agent authorised
by the State Government in this behalf shall be bound to purchase at the price
fixed under section 7 any specified produce offered for sale in the specified
Tribal area.

(2) On purchasing the specified produce under sub-section (1), the State
Government shall make all suitable arrangements for their storage in the
specified Tribal area or without such area, and for the sale of such produce
in any such area at such price as such produce may fetch in the open market
in any such area; and for that purpose it may take or cause to be taken such
steps as it may consider suitable in the circumstances of each case.

State
Govern-
ment,  Tribal
Authority
or  agent  to
purchase
and  sell
specified
produece.

Mah.
XX  of
1964.

9.

(1) Where the marketing of any specifed agricultural produce in any
specified Tribal area is prohibited under section 5 of this Act, and such Tribal
area forms part of a market area under the Maharashtra Agricultural Produce
Marketing (Regulation) Act, 1963 (hereinafter in this section referred to as
“the said Act”) then,—

Operation
of  Mah.  XX
of 1964 in
specified
Tribal areas.

(a)

except as otherwise specifically provided in this Act, the marketing
of specified produce in the specified Tribal area shall be subject to the
supervision and control of the Market Committee established for such
market  area  under  the  said  act,  and  for  that  purpose,  the  Market
Committee  may,  subject  to  the  direction,  control  and  instructions,  if
any, of the State Government, exercise such powers and perform such
duties  and  discharge  such  functions  as  may  be  provided  by  or  under
the said Act;

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The Maharashtra Tribals Economic Condition [1977 : Mah. V

(Improvement) Act, 1976

(b) after the expiry of three months from the appointed date, except
as provided by sub-section (4) of section 5, no person shall, with a view
to protecting the interests of Tribals, market any agricultural produce
in the specified Tribal area or operate therein as trader in respect of any
such  produce  unless  he  is  registered  in  such  manner  as  may  be
prescribed;

(c)

if a specified Tribal area falls within the jurisdiction of more than
one  Market  Committee,  then  such  Market  Committee  as  the  State
Government may if it is expedient so to do, by order in writing specify
in this behalf, shall alone operate under this section in such specified
Tribal area.

(2) Every  person  registered  under  clause  (b)  of  sub-section  (1)  shall
furnish to the Tribal Authority such information and returns and within
such  period regarding the agricultural produce marketed by him in the
specified Tribal area as may be prescribed.

10.

[Price Fluctuation Fund.] Deleted by Mah.56 of 1977, s. 6.

Power  of
entry,
search,
seizure,  etc.

11.

(1) Any  police  officer  not  below  the  rank  of  Sub-Inspector  or  any
other person authorised by the state Government may, with a view to securing
compliance  with  the  provisions  of  this  Act  or  the  rules  or  orders  made
thereunder  or  to  satisfying  himself  that  the  said  provisions  have  been
complied with—

(i)

stop and search any person, animal, vehicle, vessel or receptacle
used  or  intended  to  be  used  for  the  transport  of  any  agricultural
produce;

(ii)

enter and search any premises;

(iii)

seize  agricultural  produce  in  respect  of  which  he  has  reason
to  believe  that  any  provision  of  this  Act  or  the  rules  or  orders  made
thereunder  has  been,  is  being,  or  about  to  be,  contravened  along  with
the receptacle containing such produce or the animal, vehicle or vessel
used in carrying such produce.

2 of
1974.

(2) Any  search  or  seizure  made  under  this  section,  shall  be  made  in

accordance with the provisions of the Code of Criminal Procedure, 1973.

Offences
and
penalties.

12.

(1) Any  person,  who  in  contravention  of  the  provisions  of  sub-
section (2) of section 4, lends anything as provided in that sub-section, to a
Tribal, shall on conviction, be punished with imprisonment for a term which
may  extend  to  three  years  or  with  fine  which  may  extend  to  five  thousand
rupees or with both.

(2)

If any person, in contravention of the provisions of section 5, whether
knowingly,  intentionally  or  otherwise,  markets  any  specified  produce  in

1977 : Mah. V] The Maharashtra Tribals Economic Condition

9

(Improvement) Act, 1976

any specified Tribal area or transport or attempts to transport any specified
produce from any Tribal area to any place outside such area or vice versa,—

(a) he shall, on conviction, be punished—

(i) for the first offence, with imprisonment for a term which may
extend  to  one  year  or  with  fine  which  may  extend  to  two
thousand rupees, or with both;

(ii) for the second or subsequent offence, with imprisonment for a
term  which  may  extend  to  two  years  or  with  fine  which  may
extend to five thousand rupees, or with both;

(b) any property in respect of which the provisions of section 5 have
been contravened or such part thereof as the Court may deem fit, including
any  packages,  coverings  or  receptacles  in  which  the  property  is  found
and any animal, vehicle, vessel or other conveyance used in carrying the
property, shall be forfeited to the State Government;

Provided  that,  if  the  Court  is  of  the  opinion  that  it  is  not  necessary
to direct forfeiture in respect of the whole, or as the case may be, any part
of  the  property  or  any  packages,  coverings  or  receptacles  or  any  animal,
vehicle,  vessel  or  other  conveyance,  it  may,  for  reasons  to  be  recorded,
refrain from doing so.

(3) Any  person  who  in  contravention  of  the  provisions  of  clause  (b)
of sub-section (1) of section 9 fails to register himself, or fails to furnish
information  or  returns  under  sub-section  (2)  of  that  section  shall,
on conviction, be punished with imprisonment for a term which may extend
to three months or with fine which may extend to one hundred rupees or
with  both.
13.

(1) No Court shall take cognizance of any offence punishable under
this  Act  except  with  the  previous  sanction  of  the  State  Government  or  any
officer authorised by it in this behalf.

(1)

(2) Notwithstanding  anything  contained  in  the  Code  of  Criminal
Procedure, 1973, all offences punishable under this Act shall be cognizable
and bailable.
14.

If the State Government is of opinion that having regard to any
of the purposes of this Act, the enforcement of certain provisions thereof, in
any specified Tribal area is 1** inexpedient for a certain time in relation to any
specified produce, the State Government may, by notification in the Official
Gazette, suspend  in  relation  to  such  specified  produce  and  in  the  specified
Tribal area for such period or periods as may be 1** expedient and as may be
specified in the notification, the operation of those provisions; and thereupon,
those provisions shall stand suspended, in such Tribal area in relation to such
specified produce except as respect things done or omitted to be done before
the date of publication of the notification.

(2) Where the operation of the provisions of this Act is suspended in
relation to any specified produce in any specified Tribal area for any period
or periods specified in the notification under sub-section (1), and the State

1 The  words  “unnecessary  or”  and  “necessary  or”,  respectively,  were  deleted  by  Mah.  56

of  1977, s. 7(a).

2 of
1974.

Cognizance
of  offence,
etc.

Power  to
suspend
operation  of
provisions
of  this  Act.

10

The Maharashtra Tribals Economic Condition [1977 : Mah. V

(Improvement) Act, 1976

Government  1**at  any  time  before  the  expiry  of  such  specified  period  or
periods  is  of  opinion  2[that  it  is  expedient  to  revise  and  enforce  these
provisions] (or any of them) again in relation to any specified produce in
such specified Tribal area, the State Government may cancel partially or
wholly  any  such  notification  of  suspension  by  a  like  notification;  and
thereupon, those provisions which were suspended and which are revived
shall  again  have  full  effect  in  relation  to  the  specified  produce  in  such
specified Tribal area from the date of publication of the second notification.

(3) The  suspensation  of  the  operation  of  any  provision  under  sub-
section (1) shall not affect those provisions which are not suspended; and
in  respect  of  any  specified  produce  already  tendered  before  the  period  of
suspension  (or  which  may  be  voluntarily  tendered  during  the  period  of
suspension) at the place notified or any other place specified by the State
Government in that behalf, all the provisions of this Act shall continue to
apply or apply therto as if none of the provisions had been suspended.

Delegation
of  powers.

15. The  State  Government  may,  by  notification  in  the Official Gazette,
direct that any power (other than the power to suspend operation of provisions
of  this  Act  under  section  14  or  the  power  to  make  rules  under  section  18)
exercisable by it under this Act or the rules or orders made thereunder, may
be  exercised  also  by  the  Tribal  Authority  or  by  any  officer  of  the  State
Government  not  below  such  rank  as  may  be  specified  in  the  notification,
subject to such conditions, if any, as may be specified therin.

Indeminity.

16. No suit , prosecution or other proceedings shall lie against the State
Government or Tribal Authority or agent or officer or other person authorised
by the State Government for anything which is in good faith done or intended
to be done under this Act or any rules or orders made thereunder.

Every officer,
agent  or  his
servant  or
sub-agent  to
be public
servant.

Rules.

17. Every  officer  or  agent  of  the  State  Government  and  every  servant
or  sub-agent  of  such  agent  acting  under  the  provisions  of  this  Act  shall  be
deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code.

45 of
1860.

18.

(1) The  State  Government  may,  by  notification  in  the  Official
Gazette, make rules to carry out the purposes of this Act. Such rules may
provide  for  levying  fees  for  any  of  the  purposes  of  this  Act  and  for  refund
thereof.

(2) All rules made under this Act shall be subject to the condition of

previous publication, except when such rules are made for the first time.

(3) Every rule made under this Act, shall be laid as soon as may be
after it is made before each House of State Legislature while it is in session,
for a total period of thirty days which may be comprised in one session or in

1 The  words  “thereafter  or”  were  deleted  by  Mah.  56  of  1977, s.  7(b)(i).

2 These  words  were  substituted  for  the  portion  beginning  with  the  words  “that  those

provisions”  and  ending  with  the  words  “and  enforced  them”, ibid., s.  7(b)(ii).

1977 : Mah. V] The Maharashtra Tribals Economic Condition

11

(Improvement) Act, 1976

two successive sessions, and if, before the expiry of the session in which it is
so laid or the session immediately following, both Houses agree in making
any modification in the rule or both Houses agree that the rule should not
be made, and notify such decision in the Official Gazette, the rule shall,
from the date of publication of such notification, have effect only in such
modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done or omitted to be done under that rule.

19.

(1) The Maharashtra Tribal Economic Condition (Improvement) Or-

dinance, 1976, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken
(including any appointment or authorisation made or any notification or
order issued) under the Ordinance so repealed shall be deemed to have been
done, taken, made or issued, as the case may be, under the corresponding
provisions of this Act.

Mah.
Ord.
VIII
o f
1976.

Repeal  of
Mah.  Ord.
VIII of 1976
and  savings.

1[SCHEDULE]

[See section 2 (a)]

1. Wheat

13. Masur.

2. Paddy (husked and unhusked).

14. Groundnut (unshelled).

3.

Jowar.

4. Bajri.

5. Nagli.

6. Vari.

7. Red Chillies.

8. Tur.

9. Gram.

10. Udid.

11. Mung.

12. Val.

15. Linseed.

16. Sesamum.

17. Castor seed.

18. Nigar seed.

19. Hilda.

20. Gum.

21. Lac.

22. Mahua flower and seeds.

23. Grass and fodder.

24. Charoli.

1 This  Schedule  was  substituted  for  the  original  by  Mah.  56  of  1977,  s.  8.

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