GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. XIV OF 1975.

THE MAHARASHTRA RESTORATION OF
LANDS TO SCHEDULED TRIBES ACT, 1974.

(  As  modified  upto  the  9th  April  2018)

*

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS AND STATIONERY
STORES, KOLHAPUR AND PUBLISHED BY THE DIRECTOR, GOVERNMENT
PRINTING, STATIONERY AND PUBLICATIONS, MAHARASHTRA STATE,
MUMBAI–400 004.

2018

[ Price : Rs. .00 ]

1975 : Mah. XIV]

(i)

THE  MAHARASHTRA  RESTORATION  OF  LANDS  TO  SCHEDULED
TRIBES ACT,  1974
—————

CONTENTS.

PREAMBLE.

SECTIONS.

1.

Short  title,  extent  and  commencement.

2. Definitions.

3. Restoration  of  transfer  of  lands  to  Tribals  in  certain  cases.

4. Restoration  of  lands  of  persons  belonging  to  Scheduled  Tribes.

5. Damages  for  occupation  of  land  in  certain  cases.

5A. Lands  which  cannot  be  restored  to  vest  in  Government  and  to  be  granted  to

other  Tribal  subject  to  certain  restrictions.

6. Appeal.

7. Revision.

8. Court-fee.

9.

Finality  of  decision  or  order  of  Collector  and  decision  of  Revenue  Tribunal.

9A.

Pleaders,  etc.,  excluded  from  appearance.

10. Bar  of  jurisdiction  of  civil  court  or  authority.

10A.

Powers  for  restoration  of  possession  of  land  and  of  eviction  of  person  in
possession.

11.

Power  to  make  rules.

H  533-1

1975 : Mah. XIV]

1

MAHARASHTRA  ACT  No.  XIV  OF  1975.1
[THE  MAHARASHTRA  RESTORATION OF  LANDS TO  SCHEDULED TRIBES ACT,  1974.]

[This  Act  received  assent  of  the  President  on  the  28th  April    1975  ;  assent  was
first  published  in  the Maharashtra  Government  Gazette,  Part  IV,    Extraordinary  on  the
28th  May  1975.]

Amended by Mah. 12 of 1977 (19-3-1977)*
30 of 1977 (16-8-1977)*
57 of 1977

”
”
”
”

”
”
”
”

”
”
”
”

1 of 1991 @ (1-1-1991)*

43 of 2011 (6-4-2004)*

An Act to provide for the restoration of certain lands to persons belonging
to the Scheduled Tribes.

WHEREAS  by  Government  Resolution  in    the    Revenue  and    Forests    Department,
No.    REV.  1070/62448-C,  dated    the  15th    March,  1971,  the    Government  of  Maharashtra
appointed  a  Committee  to  inquire    into  and    report    to    the    State  Government
inter
alia on  how  far  the  provisions  of  the  Maharashtra  Land  Revenue  Code,  1966,  and
the  relevant  tenancy  laws  have been effective in  giving  protection  to  persons    belonging
to  Scheduled  Tribes,  and  to  suggest    among  other  things  suitable    amendments  therein,
if  any  of  the  existing  provisions  are  found  to  be  inadequate  ;

AND  WHEREAS  the  said  Committee  submitted  its  report  to  Government  on  the

Mah.
XLI
o f
1966.

7th  April  1972  ;

AND  WHEREAS  the  said  Committee inter  alia recommended    that  provisions  should
be  made  for  restoring  to  persons    belonging  to  Schedule  Tribes    the  lands  which
have  been  duly  transferred  to  other  persons  ;

AND  WHEREAS  after  considering  the  aforesaid  recommendation  of  the  said
Committee,  the  Government  of  Maharashtra  is  of  the  opinion  that  steps  should  be
taken  forthwith  for  restoring  certain  lands  to  persons  belonging  to  Scheduled  Tribes ;
It  is  hereby  enacted  in  the  Twenty-fifth  Year  of  the  Republic  of  India  as  follows  :—
(1) This  Act  may    be  called    the    Maharashtra    Restoration  of  Lands  to

1.

Scheduled  Tribes  Act,  1974.

(2) It  shall  extend  to  the  whole  of  the  State  of  Maharashtra.
(3) It  shall  come  into  force  on  such  date2  as  the  State  Government  may,  by

notification  in  the Official  Gazette, appoint.

2.

(1)  In  this  Act,  unless  the  context  requires  otherwise,—

(a) “Code”  means  the  Maharashtra  Land  Revenue  Code,  1966  ;
(b) “Collector”    includes  an Additional    Collector,    and    an Assistant    or  Deputy
Collector  exercising  the  powers  or  discharging  the  duties  of  a  Collector  under  the
Code  and  also  any  other  officer  not  below  the  rank  of 3[a  Tahasildar]  especially
empowered  by  the  State  Government  to  exercise  the  powers  and  perform  the  duties
of  the  Collector  under  this  Act  ;

(c) “Commissioner”  includes  an  Additional  Commissioner  ;

1 For  Statement  of  Objects  and  Reasons, see Maharashtra  Government  Gazette,  1974,  Part  V,

page  960.

Mah.
XLI
o f
1966.

Short  title,
extent  and
commence-
ment.

Definitions.

2 1st  November  1975  (vide G.N.,  R.  &  F.D.,  No.  REV.  1074/62448(II)-L-9,  dated  1st  November  1975).
3 These  words  were  substituted  for  the  words  “an  Assistant  or  Deputy  Collector”  by  Mah.  12  of

1977,  s.  3.

* This  indicates  the  date  of  commencement  of  Act.

@  Section  7  of  Mah.  1  of  1991  reads  as  under  :—
“7 .  For  the  removal  of  doubt  it  is  hereby  declared  that,  notwithstanding  anything  contained  in  any
law  for  the  time  being  in  force,  or  any  judgement  or  decree  or  order  of  any  Court,  Tribunal  or  authority,
where  the  Collector  had  not  initiated suo  motu proceedings  or  a  tribal  transferor,  had  not  made  any
application  during  the  period  specified  in  section  36  or  36A  of  the  said  Code  or  section  3  or  4  of
the  principal  Act,  as  they  stood  prior  to  amendments  made  by  this  Act,  for  restoration  of  land  under
the  provisions  aforesaid,  it  shall  be  competent  for  the  Collector  to suo  motu initiate  any  proceedings,
or  for  the  tribal-transferor  to  make  an  application,  under  the  provisions  of  the  said  Code  or  the
principal  Act,  as  amended  by  this  Act;  for  restoration  of  land  to  the  tribal  transferors.”
H  533-2

Initiation  of
proceedings
for
restoration
of  lands  to
tribal
transferor.

Bom.
XCIX
o f
1958.
Hyd.
XXI
o f
1950.
Bom.
LXVII
o f
1948.

Mah.
XXIV
o f
1961.

2

Maharashtra  Restoration  of  Lands  to  Scheduled
Tribes  Act,  1974

[1975 : Mah. XIV

(d) “improvements”  in  relation  to  land  means  any  drainage  works,  embankments,
Bandharas, wells  or  any  other  works  appurtenant  to  such  land  constructed  or
maintained  thereon  for  the  purposes  of  agriculture,  and  all    structures,    permanent
fixtures  and  trees  on  such  land  ;

(e) “non-Tribal”  means    a    person    who  is  not  a  Tribal    and    includes    his

successor-in-interest  ;

(f) “prescribed”  means  prescribed  by  rules  made  under  this Act  ;
(g) “relevant  tenancy  law”  means—

(i) in  relation  to  the Vidarbha  region  of  the  State,  the  *Bombay Tenancy  and

Agricultural  Lands  (Vidarbha  Region) Act,  1958,

(ii) in  relation  to  the  Hyderabad  area  of  the  State,  the  Hyderabad Tenancy

and  Agricultural  Lands  Act,  1950,  and

(iii) in  relation  to  the  rest  of  the  State,  the  **Bombay Tenancy  and

Agricultural  Lands Act,  1948  ;

(h) “successor-in-interest”  means  a  person    who    acquires    interest  in  land  by

testamentary  disposition  or  devolution  on  death  ;

(i) “transfer”  in  relation  to  land  means  the  transfer  of  land  belonging  to  a  tribal
made  in  favour  of  a  non-tribal  during  the  period  commencing  on  the  1st  day  of
April  1957  and  ending  on  the  6th  day  of  July  1974,  either—

(a) by  act  of  parties,  whether  by  way  of  sale,  gift,  exchange,  mortgage  or

lease  or  any  other  disposition  made inter-vivos,  or

(b) under  a  decree  or  order  of  a  Court,  or
(c) for  recovering  any  amount  of  land  revenue  due  from  such  Tribal,  or  for
recovering  any  other  amount  due  from  him  as  an  arrear  of  land  revenue,  or
otherwise  under  the  Maharashtra  Co-operative  Societies  Act,  1960  or  any  other
law  for  the  time  being  in  force  but  does  not  include  a  transfer  of  land  falling
under  the  proviso  to  sub-section  (3)  of  section  36  of  the  Code;  and  the
expressions,  “Tribal-transferor”  and  “non-Tribal-transferee”  shall  be  constructed,
accordingly  ;
(j) “Tribal”  means  a  person  belonging  to  a  Scheduled  Tribe  within  the  meaning
of  the  Explanation  to  section  36  of  the  Code,  and  includes  his  successor-in-interests ;

(k) “Tribal-transferor”  includes    his    successor-in-interest  ;
(l) “non-Tribal-transferee”  includes    his    successor-in-interest;  and  if  he  or  his
successor  has,    on  or  after  the  15th  day  of  March  1971,  transferred  land  in  favour
of  any  person,  whether  a  Tribal  or  non-Tribal,  includes  also  such  persons.
(2) Words  and  expressions  used  in  this Act  but  not  defined  shall  have  the  meaning
respectively  assigned  to  them  in  the  Code  or,  as  the  case  may  be,    in  the    relevant
tenancy  law.

3.

(1) Where  due  to  transfer—

(a) the  land  of  a  Tribal-transferor  is  held  by  a  non-Tribal-transferee,  or
(b) the  land  acquired  in  exchange  by  a  Tribal-transferor  is  less  in  value  than

the  value  of  the  land  given  in  exchange,

and  the  land  so  transferred  is    in  possession  of    the  non-Tribal-transferee,  and  has
not  been  put  to  any  non-agricultural  use  on  or  before    the  6th  day  of  July,  1974,
then,  notwithstanding    anything    contained    in    any    other    law    for    the    time    being
in    force,    or    any    judgment,    decree    or    order  of    any  Court,    Tribunal    or    authority,

* The  short  title  of  the  Act  has  been  amended  as  “The  Maharashtra  Tenancy  and  Agricultural  Lands
(Vidarbha  Region)  Act”  by  Mah.  24  of  2012,  Sections  2  and  3,  Schedule,  entry  72,  w.e.f.  1-5-1960.
* * The  short  title  of  the  Act  has  been  amended  as  “The  Maharashtra  Tenancy  and  Agricultural  Lands

Act”  by  Mah.  24  of  2012,  Sections  2  and  3,  Schedule,  entry  33,  w.e.f.  1-5-1960.

Restoration
of  transfer
of  lands  to
Tribals  in
certain  cases.

Mah.
LVII
o f
1977.

1975  :  Mah.  XIV]

Maharashtra  Restoration  of  Lands  to  Scheduled

3

Tribes  Act,  1974

the  Collector  either suo  motu  at  any  time,  or  on  the  application  of  a Tribal-transferor,
made, 1[within  thirty  years  from  the  6th  July  2004]  shall,  after  making  such  inquiry  as
he  thinks  fit,  direct  that—

(i) the    lands    of    the  Tribal-transferor  and  non-Tribal-transferee  so  exchanged
shall    be  restored  to  each  other  ;  and  the  Tribal-tranaferor,  or  as  the  case  may  be,
the  non-Tribal-transferee  shall  pay  the    difference  in  value  of    improvements  as
determined  under  clause  (a)  of  sub-section  (4),  or

(ii) the    land    transferred  otherwise    than    by    exchange  be  taken  from  the
possession  of  the  non-Tribal-transferee,  and  restored  to  the  Tribal-transferor,  free
from  all  encumbrances  and  the  Tribal-transferor  shall  pay  such  transferee  and  other
persons    the  amount  determined  under  clause  (b)  of  sub-section  (4)  :
Provided    that,    where    land    is    transferred  by  a  Tribal-transferor,  in  favour  of
non-Tribal-transferee  before  the  6th  day  of  July,  1974,  after  such  transferee  was
rendered  landless  by  reason  of  acquisition  of  his  land  for  a  public  purpose,  then  only
half  the  land  so  transferred  shall  be  restored  to  the  Tribal-transferor.

2[Explanation.—Where  the  land  of  a  Tribal  and  non-Tribal  are  purported  to  have
been  transferred  to  each  other,    otherwise  than  by  exchange,  but  the  date  on  which
the  instruments  for  such  transfers  are  registered  is  the  same  or,  where  such  instruments
are  registered  on  different  dates,  but    the  interval    between  the  dates  of  registration
is  thirty  days  or  less,  then,  notwithstanding  anything  contained  in  such  instruments,
for  the  purposes  of  this  section,    such    transfers  shall    be  deemed  to  be  by  way  of
exchange.]

3[(1A) Where  any  proceedings  are  taken  under  clause  (ii)  of  sub-section  (1)  before
the  date  of  commencement  of  the  Maharashtra  Restoration  of  Lands  to  Scheduled
Tribes  (Amendment)  Act,  1977    (hereinafter  in  this  section  referred  to  as  “the
commencement  date”),  in  respect  of  any  land  purported  to  have  been  transferred  by
a    Tribal-transferor,  to  a  non-Tribal-transferee,  otherwise  than  by  exchange,  and

(a) such  proceedings  are  pending  before  the  Collector    or  any  appellate  or
revisional  authority  on  the  commencement  date  ;  and  the  Collector  or  such  authority
is  satisfied,  after  giving  a  reasonable  opportunity  of  being  heard  to  both  the  parties,
that  there  were  transfers  of  lands  by  way  of  exchange  between  the  parties  within  the
meaning  of  the Explanation   to  sub-section  (1),  then,—

(i) if    such    proceedings    are  pending  before  the  Collector,  the  Collector  shall
hold    a  fresh  inquiry  under  clause  (i)  of  sub-section  (1)  in  respect  of  the  lands
deemed  to  be  exchanged  ;

(ii) if    such    proceedings    are  pending  before  the  appellate  or  revisional  authority,
such  authority    shall    set  aside  the  order  of  the  Collector  and  direct  the  Collector
to  hold  a  fresh  inquiry  under  clause  (i)  of  sub-section  (1)  in  respect  of  the  lands
deemed  to  be  exchanged  ;

(b) such    proceedings  have  been  completed  by  the  Collector    or  by  any  such
authority,  but  the  Collector,  within  a  period  of  six  months  from  the  commencement
date,  is  on  an  application  made  by  any  of  the  parties  to  the  exchange,  or suo  motu,
satisfied  after  giving  a  reasonable  opportunity  of  being  heard  to  both  the  parties,
that    there    were  transfers  of  lands  by  way  of    exchange    between  the  parties
within  the  meaning  of  the Explanation  to  sub-section  (1),  the  Collector  shall
forthwith  pass  necessary  orders  to  restore  the status  quo  and  then    hold  a  fresh
inquiry  under  clause  (i)  of  sub-section  (1)  in  respect  of  the  lands  deemed  to  be
exchanged.]

1 These  words  were  substituted  for  the  words  “within  thirty  years  from  the  commencement  of  this

Act”  by  Mah.  43  of  2011,  s.  4.

2 This Explanation shall  be  deemed  always  to  have  been  added  by  Mah.  57    of    1977,  s.  2  (a).
3 Sub-section  (1A)  was  inserted  by  Mah.  57  of  1977,  s.  2(b).

4

Maharashtra  Restoration  of  Lands  to  Scheduled
Tribes  Act,  1974

[1975 : Mah. XIV

(2) Where    any  land    restored  under  clause  (i)  of    sub-section  (1)  to  a  Tribal  or
a  non-Tribal  is  burdened    with    encumbrances,    then    such  encumbrances    shall    be
transferred  therefrom  and  attach  themselves  to  the  lands  restored  to  the  non-Tribal  or
the  Tribal,  as  the  case  may  be.

(3) The  Tribal-transferor  shall,    notwithstanding  anything  contained    in  any  law
for  the  time  being  in  force  in  the  State,  be  entitled  to  restoration  of  land  under  this
section  only  if  he  undertakes    to  cultivate    the    land    personally  and    to  pay  such
amount  to  the  non-Tribal-transferee  as  the  Collector  may,    under  the  provisions  of
sub-section  (4),  determine  :

Provided  that,  in  the  case  of  a  minor,  the  undertaking  may  be  given  by  his  guardian,

and  in  the  case  of  any  other  person  under  disability  by  his  authorised  agent.

(4) (a)  Where    lands    are  restored  under  clause  (i)  of  sub-section    (1),  the  Collector
shall  in  the  prescribed  manner  determine    the  value  of  the  improvements,  if  any,  made
thereon  after  such  exchange  by  the  Tribal-transferor  or  the  non-Tribal-transferee.  If
the  value  of  the  improvements,  if  any,  made  by  a  Tribal-transferor  is  found  to  be  more,
the  difference  shall  be  payable  by  the  non-Tribal  transferee  to  the  Tribal-transferor  ;
and  if  the  value  of  the  improvements,    if    any,    made  by  the  non-Tribal-transferee  is
found  to  be  more,  the  difference  shall  be  payable  by  the  Tribal-transferor  to  the  non-
Tribal-transferee.

(b) The  amount    payable    by    the    Tribal-transferor  for  the  land  restored  to  him
under  clause  (ii)  of  sub-section  (1)  shall  consist  of  an  amount    equal  to  48  times  the
assessment  of  the  land    or  the  amount  of  consideration  paid  by  the  non-Tribal-
transferee  for  acquisition  of  the    land  whichever    is    less
plus the  value    of    the
improvements    if  any,  made  by  the  non-Tribal-transferee  therein  to  be  determined  by
the  Collector  in  the  prescribed  manner.

Explanation.—In    determining  the  value  of    any  improvement    under  clause  (a)  or

clause  (b),  the  Collector  shall  have  regard  to—

(i) the  labour  and  capital  provided  or  spent  on  improvements  ;
(ii) the  present    conditions  of  the  improvements  ;
(iii) the  extent  to  which  improvement  is  likely  to  benefit  the  land  during  the
period    of    ten  years  next    following  the    year  in  which  such  determination  is
made  ;  and

(iv) such  other  factors  as  may  be  prescribed.

(c) The Tribal-transferor,    or    as    the  case    may    be,    the  non-Tribal-transferee
who  is  found  liable  to  pay  the  amount  representing  the  difference  in  the    value  of
improvements  as  determined  by  the  Collector  under  clause  (a)  shall  pay    the  said
amount  to  the  non-Tribal-transferee,  or    as  the  case  may  be,  the  Tribal-transferor,  either
in  lump  sum  or  in  such  annual  instalments  not  exceeding  twelve  (with  simple  interest
at  4½  per  cent.  per  annum)  as  the  Collector  may  direct.

(d) The Tribal-transferor,    to  whom    land  is  restored 1[under  clause  (ii)    of  sub-
section  (1)]  of  this    section  shall  pay  to  the  non-Tribal-transferee  and  other  persons
claiming    encumbrances  the  amount  determined  under  this  sub-section,  either  in  lump
sum    or    in    such  annual  instalments    not  exceeding  twelve  (with  simple  interest  at
4½  per  cent.  per  annum)  as  the  Collector  may  direct.

(e) The  apportionment    of  the  amount  determined  under  clause  (b)  amongst  the
transferee    and    the    persons    claiming    encumbrances  shall    be    determined    by    the
Collector  in  the  following  manner,  that  is  to  say  :—

(i) if  the  total  value  of    encumbrances  on  the  land  is  less  than    the    amount
determined    under  clause  (b),  the  value  of      encumbrances    shall  be  paid  to  the
holders  thereof  in  full  ;
1 This    was    deemed  always  to  have  been  substituted  for  the  words,  brackets  and  figures  “  under

clause  (i)  of  sub-section  (1)  ”  by  Mah.  30  of  1977,  s.  4.

1975  :  Mah.  XIV]

Maharashtra  Restoration  of  Lands  to  Scheduled

5

Tribes  Act,  1974

(ii) if    the    total    value    of    encumbrances  on    the    land    exceeds    the    amount
determined  under  clause    (b),    the  amount  shall  be  distributed  amongst  the  holders
of  encumbrances  in  the  order  of  priority  :
Provided    that  nothing  in  clauses  (d)  and  (e)  shall  effect  the  right  of  holder  of  any
encumbrances  to  proceeed  to  enforce  against  the  non-Tribal-transferee  his  right  in  any
other  manner  or  any  other  law  for  the  time  being  in  force.

(f) During  any  period  for  which  payment  of  rent  is  suspended  or  remitted  under
the  relevant  tenancy  law,  the  Tribal-transferor  or    as  the  case  may  be,    non-Tribal-
transferee  shall    not  be  bound  to  pay  the  amount  in  lump  sum  or  the  amount  of  any
instalment  fixed  under  this  section  or  interest  thereon,  if  any.

(g) If  the    Tribal-transferor    or  as  the  case  may  be,    non-Tribal-transferee  fails  to
pay  the  amount  in  lump  sum  or  remains  in  arrears  of  two  or  more  instalments,  the
amount  so  remaining  unpaid  (with  interest  thereon  at  4½  per  cent.  per  annum)
shall
be  recoverable  by  the  Collector  as  an  arrear  of  land  revenue.  The  amount  so  recovered
shall  be  paid  by  the  Collector  to    the    non-Tribal-transferee    and    persons  claiming
encumbrances,    if  any,  or  as  the  case  may  be,  the  Tribal-transferor.

4. Where  any  land  of  a  Tribal  is,  at  any  time  on  or  after  the  1st  day  of  April
1957  and  before  the  6th  day  of  July  1974,  purchased  or  deemed  to  have  been  purchased
or  acquired  under  or  in  accordance  with  the  provisions  of  the  relevant  tenancy  law
by    a    non-Tribal-transferee    or    where    any    acquisition    has    been    regularised    on
payment  of  penalty  under  such  law  and  such  land  is  in  possession  of  a  non-Tribal
transferee  and  has  not  been  put  to  any  non-agricultural  use  on  or  before  the  6th  day
of  July  1974,  then  the  Collector  shall,  notwithstanding  anything  contained  in  any    law
for  the  time  being  in  force,  either suo  motu at  any  time  or  on  an  application  by  the
Tribal  made 1[within  thirty  years  from  the  6th  July  2004]    and  after  making  such  inquiry
as  he  thinks  fit,  direct  that  the  land  shall,  subject  to  the  provisions  of  sub-section  (4)
of  section  3,  be  restored  to  the  Tribal  free  from  all  encumbrances  and  that  the  amount
of  purchase  price  or  a  proportionate  part  thereof,  if  any,  paid  by  such  non-Tribal-
transferee  in  respect  of  such  lands  in  accordance  with  the  relevant  tenancy  law  shall
be  refunded  to  such  non-Tribal-transferee  either  lump  sum  or  in  such  annual  instalments
not  exceeding  twelve  (with  simple  interest  at  4½  per  cent.  per  annum)  as  the  Collector
may  direct.  The  provisions  of  clauses  (d),  (e),  (f)  and  (g)  of  sub-section    (4)  of  section
3  shall,  so  far  as  may  be,  apply  in  relation  to  the  recovery  of  the  amount  from  the
Tribal  and  payment  thereof  to  the  non-Tribal-transferee  and  the  persons  claiming
encumbrances,  if  any  :

Provided  that,  where  land  is  purchased  or  acquired  by  a  non-Tribal-transferee  before
the  6th  day  of  July  1974,  after  such  transferee  was  rendered  landless  by  reason  of
acquisition  of  his  land  for  a  public  purpose,  then  only  half  the  land  so  purchased  or
acquired  shall  be  restored  to  the  Tribal-transferor.

5.

(1) A  non-Tribal-transferee  who  after  the  land  is  ordered  to  be  restored  under
clause  (ii)  of  sub-section  (1)  of  section  3  or  under  section  4 2[or  after  the  land  is
vested  in  the  State  Government  under  sub-section  (1)  of  section  5A,]  continues  to  be
in  possession  of  the  land,  then  the  non-Tribal-transferee  shall  pay  to  the  Tribal 3[in
the  former  case  and  to  the  State  Government  in  the  latter  case]  for  the  period  (from
the  year  following  the  year  in  which  the  land  is  ordered  to  be  restored  to  the  Tribal)
till  possession  of  the  land  is  given  to  the  Tribal 4[or,  as  the  case  may  be,  to  the  State
Government],  such  amount  for  the  use  and  occupation  of  the  land  as  the  Collector
may  fix  in  the  prescribed  manner.

1 These  words  were  substituted  for  the  words  “within  thirty  years  from  the  commencement  of  this

Act”  by  Mah.  43  of  2011,  s.  5.

2 These  words  were  deemed  always  to  have  been  inserted  by  Mah.  30    of    1977,  s.  5  (a).
3 These  words  were  deemed  always  to  have  been  inserted  by  Mah.  30    of    1977,  s.  5  (b).
4 These  words  were  deemed  always  to  have  been  inserted  by  Mah.  30    of    1977,  s.  5  (c).

Restoration
of  lands  of
persons
belonging  to
Scheduled
Tribes.

Damages  for
occupation
of  land  in
certain  cases.

Lands  which
cannot  be
restored  to
vest  in
Government
and  to  be
granted  to
other  Tribal
subject  to
certain
restrictions.

6

Maharashtra  Restoration  of  Lands  to  Scheduled
Tribes  Act,  1974

[1975 : Mah. XIV

1[5A.

(2) If  the  non-Tribal-transferee  fails  to  pay  the  amount  fixed  by  the  Collector  under
sub-section  (1),  it  shall  be  recoverable  by  the  Collector  as  an  arrear  of  land  revenue.
(1) Where  any    land  (not  being  land  acquired  in  exchange),  which  is  liable
to  be  restored  to  a  Tribal-transferor  under  sub-section  (1)  of  section  3  cannot  be  so
restored  either  on  account  of  the  failure  of  the  Tribal-transferor  to  give  an  undertaking
referred  to  in  sub-section  (3)  of  section  3  or  for  any  reason  whatsoever  or  where  any
land  referred  to  in  section  4  cannot  be  restored  to  the  Tribal  by  reason  of  such  Tribal
expressing,  during  the  inquiry  held  by  the  Collector,  his  unwillingness  to  refund  the
purchase  price  or  proportionate  part  thereof  to  the  non-Tribal-transferee,  as  required
by  the  said  section  4,  or  for  any  other  reason,  then,  the  Collector  may,    subject  to
rules,  if    any,  made  in  that  behalf,  by  order  in  writing  direct  that  the  land  shall,  with
effect  from  the  date  of  the  order,  be  deemed  to  have  been  acquired  and  vest  in  the
State  Government  free  from  all  encumbrances.

(2) On  such  vesting  of  the  land,  the  non-Tribal-transferee  shall  be  entitled  to  receive
from  the  State  Government  an  amount  equal  to  48  times  the  assessment  of  the  land,
plus  the  value  of  the  improvements,  if  any,    made  by  the  non-Tribal-transferee  therein.
The  provisions  of  clauses  (b)  and  (c)  of  sub-section  (4)  of  section  3  shall mutatis
mutandis apply  for  determining  the  value  of  improvements  and  for  apportionment  of
the  encumbrances,  if  any,  on  the  land  between  the  non-Tribal-transferee  and  the
persons  claiming  encumbrances  on  the  land.

(3) The  land  so  vested  in  the  State  Government  under  sub-section  (1)  shall,  subject
to  any  general  or  special  orders  of  the  State  Government  in  that  behalf,  be  granted
by  the  Collector  to  any  other  Tribal  residing  in  the  village  in  which  the  land  is  situate
or  within  five  kilometres  thereof  and  who  is  willing  to  accept  the  land  in  accordance
with  the  provisions  of  the  Code,  and  the  rules  and  orders  made  thereunder  and  to
undertake  to  cultivate  the  land  personally  ;  so  however,  that  total  land  held  by  such
Tribal  whether  as  owner  or  tenant  does  not  exceed  an  economic  holding  within  the
meaning  of  sub-section  (6)  of  section  36A  of  the  Code.

(4) The  person  to  whom  land  is  granted  under  sub-section  (3),  shall  pay  to  the
State  Government  the  amount  referred  to  in  sub-section  (2),  either  in  lump  sum  or  in
such  annual  instalments  not  exceeding  twelve  (with  simple  interest  at  4½  per  cent.
per  annum)  as  the  Collector  may  direct  and  shall  hold  the  land  subject  to  such  terms
and  conditions  as  may  be  prescribed.

(5) Without  the  previous  sanction  of  the  Collector,  no  land  granted  under  sub-
section  (3)  shall  be  transferred,  whether  by  way  of  sale  (including  sale  in  execution
of  a  decree  of  a  Civil  Court  or  of  an  award  or  order  of  a  competent  authority)  or  by
way  of  gift,  mortgage,  exchange,  lease  or  otherwise.  Such  sanction  shall  not  be  given
otherwise  than  in  such    circumstances  and  on  such  conditions  including  condition
regarding  payment  of  premium  or nazarana to  the  State  Government,  as  may  be
prescribed  :

Provided  that,  no  such  sanction  shall  be  necessary  where  the  land  is  to  be  leased
by  a  serving  member  of  the  armed  forces  or  where  the  land  is  to  be  mortgaged  as
provided  in  sub-section  (4)  of  section  36  of  the  Code  for  raising  a  loan    for  effecting
any  improvement  on  such  land.

(6) If    sanction    is  given    by  the  Collector  to  any  transfer  under  sub-section  (5),
subsequent    transfer  of  the  land  shall  also    be  subject  to  the  provisions    of  sub-
section  (5).

1 Section  5A  was  deemed  always  to  have  been  inserted  by  Mah.  30  of  1977,  s.  6.

1975  :  Mah.  XIV]

Maharashtra  Restoration  of  Lands  to  Scheduled

7

Tribes  Act,  1974

(7) Any  transfer  of  land,  and  any  acquisition  thereof,  in  contravention  of  sub-
section  (5)  or  (6),  shall  be  invalid;  and  as  a  penalty  therefor,  any  right,  title  or  interest
of  the  transferor  and  transferee  in  or  in  relation  to  such  land    shall,    after  giving  him
an  opportunity  to  show  cause,  be  forfeited  by  the  Collector  ;  and  the  land  together
with  the  standing  crops  thereon,  if  any,  shall  without  further  assurance  vest  in  the
State  Government  and  shall  be  disposed  of  in  such  manner  as  the  State  Government
may,  from  time  to  time  direct.]

6.

(1) An    appeal  against  any    decision  or  order  passed  by  the  Collector  may,
notwithstanding  anything  contained  in  the  Code,  be  made  to  the  Maharashtra  Revenue
Tribunal  constituted  under  the  Code.

Appeal.

(2) Every  such  appeal  shall  be  made  within  a  period  of  sixty  days  from  the  date
of  receipt  of  the  decision  or  order  of  the  Collector.    The  provisions  of  sections  4,  5,
12  and  14  of  the  Limitation  Act,  1963,  shall  apply  to  the  filing  of  such  appeal.

(3) In  deciding  an  appeal    under  sub-section  (1),  the  Maharashtra  Revenue  Tribunal
shall  exercise  all  the  powers  which  a  Court  has  subject  to  the  regulations  framed  by
that  Tribunal  under  the  Code  and  follow  the  same  procedure  which  a  Court  follows,
in  deciding  appeals  from  the  decree  or  order  of  an  original  Court  under  the  Code  of
Civil  Procedure,  1908.

7. Where  no  appeal  has  been  filed  within  the  period  provided  by  sub-section  (2)
of    section    6,    the    Commissioner  may   sou  motu or  on  the  direction  of  the  State
Government  at  any  time—

Revision.

XXX-
VI  of
1963.

V  of
1908.

(a) call  for  the  record  of  any  inquiry    or    proceeding  of  any  Collector  for  the
purpose    of    satisfying    himself  as  to  the  legality  or  propriety  of  any  order  passed
by,  and  as  to  the  regularity  of  the  proceedings  of,  such  Collector,  as  the  case  may
be,  and

(b)  pass  such  order  thereon  as  he  thinks  fit  :

Provided  that  no  such  record  shall  be  called  for  after  the  expiry  of  three  years
from  the  date  of  such  order  except  in  cases  where  directions  are  issued  by  the  State
Government;  and  no  order  of  the  Collector  shall  be  modified,  annulled  or  reversed
unless  opportunity  has  been  given  to  the  interested  parties  to  appear  and  be  heard.

Bom.
XXX-
VI  of
1959.

8. Notwithstanding    anything  contained    in  the  Bombay    Court-fees  Act,  1959,
every  appeal  before  the  Maharashtra  Revenue  Tribunal  or  application  under  this  Act
shall  bear  a  Court-fee  stamp  of  such  value  as  may  be  prescribed.

Court-fee.

9. Every  decision  or  order  passed  by  the  Collector  under  this Act,  subject  to  an
appeal  to  the  Maharashtra  Revenue  Tribunal  under  section  6,    and  the  decision  of
the  Maharashtra  Revenue  Tribunal  in  appeal  shall  be  final  and  conclusive  and  shall
not  be  questioned  in  any  suit  or  proceedings  in  any  Court.

1[9A. Notwithstanding    anything    contained    in  this Act  or  any  law  for  the  time
being  in  force,  no  pleader  shall  be  entitled  to  appear  on  behalf  of  any  party  in  any
proceedings  under  this Act  before  the  Collector,  the    Commissioner    or  the  Maharashtra
Revenue  Tribunal  :

1 Section  9A  was  inserted  by  Mah.  12  of  1977,  s.  4.

Finality  of
decision  or
order  of
Collector  and
decision  of
Revenue
Tribunal.

Pleaders,
etc.,  excluded
from
appearance.

8

Maharashtra  Restoration  of  Lands  to  Scheduled
Tribes  Act,  1974

[1975 : Mah. XIV

Provided    that,    where  a  party  is  a  minor  or  lunatic,    his  guardian  may  appear,  and
in  the  case  of  any  other  person  under  disability,  his  authorised  agent  may  appear,  in
such  proceedings.

Explanation.—For  the  purpose  of  this  section,  the  expression  ‘pleader’  includes  an

advocate,  vakil  or  any  other  legal  practitioner.]

Bar  of
jurisdiction
of  civil
Court  or
authority.

10. No    civil    Court    shall    have  jurisdiction  to  settle,    decide    or  deal  with  any
question    which    under    this    Act  is  required  to  be    decided    or  dealt  with  by  the
Collector,  the  Commissioner,    the    Maharashtra    Revenue    Tribunal    or    the    State
Government.

Powers  for
restoration
of  possession
of  land  and
of  eviction
of  person  in
possession.

1[10A. Notwithstanding  anything  contained  in  section    5  or  any  other  provision
of  this  Act  or  in  any  other  law  for  the  time  being  in  force,    where    possession  of
any    land  is  to  be  restored  to  any  Tribal-transferor  or  non-Tribal-transferee  under  any
provision  of  this  Act,    it  shall  always  be  lawful  for  the  Collector  to  evict  any  person
not  entitled  to  possession  of  the  land,  or  any  person  wrongfully  in  possession  thereof,
at  any  time,  in  the  manner  provided  in  section  242  of  the  Code.]

Power  to
make  rules.

11.

(1) The  State  Government  may,  by  notification    in  the Official  Gazette and
subject  to  the  condition  of  previous  publication,  make  rules  for  carrying  into  effect
the  purposes  of  this  Act.  Such  rules  may  provide  for  procedure  for  inquiries  and  for
levying  fees  for  any  of  the  purposes  of  this  Act  for  which  specific  provision  for  fees
has  not  been  made.

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

1 Section  10A  was  inserted  by  Mah.  57  of  1977,  s.  3.

H  533-3927 Bks.-5.2018

PRINTED  AT  THE  GOVERNMENT  PRESS,  KOLHAPUR.

Maharashtra  Government  Publications
can  be  obtained  from–

 THE  DIRECTOR

GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS
(Publications  Branch),  Netaji  Subhash  Road,
Mumbai-400  004.
Phone  23632693

 THE    MANAGER

GOVERNMENT  PHOTOZINCO  PRESS  BOOK  DEPOT
Photozinco Press  Compound,
Near  G.  P.  O.
PUNE–411  001.
Phone  26125808

 THE  MANAGER

GOVERNMENT  PRESS AND  BOOK  DEPOT
Civil  Lines,
NAGPUR-440  001.
Phone  2562615

 THE  SUPERVISOR

GOVERNMENT  BOOK  DEPOT
Shaha  Ganj,  Near  Gandhi  Chowk,
AURANGABAD.
Phone  2331525

 THE  MANAGER

GOVERNMENT PRESS AND STATIONERY STORES,
Tarabai  Park
KOLHAPUR-416  003.
Phone  2650402

AND  THE  RECOGNISED  BOOK  SELERS

H  533

