Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974
No: 14 Dated: May, 28 1975
THE MAHARASHTRA RESTORATION OF LANDS TO SCHEDULED TRIBES ACT, 1974
ACT No. XIV OF 1975
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 7th April 1972;
And Whereas the said Committee inter-alia recommended that provisions should be made for restoring to persons belonging to Scheduled 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. Short title, extent and commencement. - (1) This Act may be called the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.
(2) It shall extend to the whole of the State of Maharashtra.
(3) It shall come into force on such [date] as the State Government may by notification in the Official Gazette, appoint.
2. Definitions. - (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 [a Tahsildar] 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;
(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 purpose 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 Agriculture 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 acquired 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-vivas, or
(b) under a decree or order of 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 farce 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 of section 36 of the Code, and includes his successorin-interest;
(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 person.
(2) Words and expressions used in this Act but not defined shall have the meanings respectively assigned to them in the Code or, as the case may be, in the relevant tenancy law.