Scheduled Tribes Transfer of Land and Restoration Rules in Maharashtra
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Scheduled Tribes Transfer of Land and Restoration Rules in Maharashtra
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[1]
The Maharashtra Land Revenue Restoration of Occupancy (Unauthorisedly Transferred by Occupants belonging to Scheduled Tribes) Rules, 1969
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Government Notification No. UNF. 1567(h)-R, dated 10th April, 1969]1.— in exercise of the powers conferred by clause (xiii) of sub-section (2) of Section 328 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) and in supersession of all previous rules made in this behalf and continued in force by virtue of the third proviso to Section 336 of the said Act, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of Section 329 of the said Code, namely:-
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Rule 1. Short title,-
These rules may be called the Maharashtra Land Revenue Restoration of Occupancy (Unauthorisedly Transferred by Occupants belonging to Scheduled Tribes) Rules, 1969.
Rule 2. Application under Section 36(3) 2[for restoration of lands transferred by members of Scheduled Tribes)] and procedure for disposal thereof,-
Every application under sub-section (3) of Section 36 3[for restoration of possession of any land transferred by a person belonging to a Scheduled Tribe in contravention of sub-section (2) of section 36] shall be accompanied by an extract of the relevant entry from the record of rights and the register of mutations in relation to the occupancy and a copy of the deed or document under which possession of the occupancy is alleged to have been transferred.
Rule 3. Service of notice,-
After receipt of the application, and after verifying from his records, if the Collector thinks there is a reasonable ground for believing that the Collector’s sanction was not taken for the transfer (which grounds he shall record in writing), the Collector shall cause notice in Form A to be served on the transferor (if he is not applicant) and on the transferee, calling upon them to show cause why the transfer should not be set aside and the notice shall specify the date for hearing the application.
Rule 4. Examination of parties,-
On the date fixed for hearing or any other date to which the hearing may be adjourned, the Collector may examine the parties, and after recording the statement of any witness whom they may produce, and making such enquiry as he may consider necessary, shall record a finding whether or not the transfer is made with the previous sanction of the Collector, as required by sub-section (2) of Section 36. If the finding is that the transfer is made with the previous sanction of the Collector, the application shall be rejected.
Rule 5. Power of Collector to enquire into application of transfer,-
(1) If the Collector records a finding that the transfer is made without the previous sanction of the Collector, he shall adjourn the proceedings for not less than six weeks, and cause to be served notice in Form B–
(a) on all persons who seem to him prima facie to have a right in the occupancy equal or prior to that of the applicant; and
(b) on persons to whom the transferor may appear to be indebted for any dues which form a charge on the occupancy.
(2) The Collector shall at the same time cause a proclamation to be issued in Form C, and shall cause it to be published in the village in which the occupancy is cultivated.
(3) The Collector shall also at the same time direct the Tahsildar concerned to recover other dues which form a charge on the occupancy.
(4) No claim for being placed in possession or an account of any dues which form a charge on the occupancy shall be considered, unless it is put forward on or before the date specified in the notice and the proclamation issued under Rule 5.
Rule 6. Power of Collector to record findings and proceedings to be followed thereafter,-
(1) On the date fixed in the notice and proclamation issued under Rule 5 or any other date to which the proceedings may be adjourned the Collector shall consider the objections to the applicant’s claim for being placed in possession of the occupancy, and record his findings thereon.
(2) If the finding is that the applicant or any other person is entitled to be placed in possession of the occupancy, the Collector shall prepare a statement in Form ‘D’ containing arrears of land revenue or any other dues constituting charge on the occupancy and hand it over to such applicant or person who shall make a statement in Form “E” as to his acceptance of the liability for the same.
(3) If the applicant or such person agrees to pay the arrears of dues mentioned in Form ‘D’, the Collector shall issue an order for giving possession of the occupancy to him. If the applicant or such person does not agree to pay such arrears, the case shall be filed.
Rule 7. Copy of order under Rule 6 to be sent to Tahsildar,-
A copy of the order issued under Rule 6 shall be sent to the Tahsildar concerned who shall direct the Talathi of the village concerned to take necessary action for correcting entries in the record of rights of the village in accordance with such order.
Rule 8. Premium for re-classification of occupancy,-
Subject to the provisions of clause (c) of sub-section (1) of Section 29, the premium to be paid under sub-section (4) of Section 36 for re-classifying the occupant as occupant shares shall be 50 per cent of the difference between the current market value of the occupancy and the occupancy price originally paid plus the value of the improvements, if any made by the occupant.
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FORM ‘A’
[See Rule 3]
Notice to Transferee and to Transferor
Before the____________________ at___________________
In the Case of________________
No of Case_________
To,
____________________,
Son of______________,
Resident of________,
Village__________, Taluka________,
District________
Whereas________, son of______________, resident of__________, village_________, taluka___________, district_______________, has under sub-section (3) of Section 36 of the Maharashtra Land Revenue Code, 1966, applied to set aside the transfer made by____________, son of_____________, occupation________, resident of village, taluka______, district_____________ in respect of the occupancy described in the schedule hereto, situated in village_______, taluka, ___________, district_______ and to put him in possession thereof, you are hereby called upon to show cause why the said transfer should not be set aside, by appearing personally or through your legal practitioner or agent at______ on______ day of_______, 20_____
Seal of the Collector
Collector
Date______, 20___
SCHEDULE
| Occupancy No. | Survey No./Plot No. | Area | Right | Revenue |
| (1) | (2) | (3) | (4) | (5) |
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FORM ‘B’
[See Rule 5(1)]
Notice to persons having prima facie right to occupancy and to creditors
Before the____________________
In the Case of________________
No. of Case_________
To,
____________________,
Son of_____________,
Resident of________,
Village__________, Taluka________,
District________
Whereas________, son of______________, resident of__________, village_________, taluka___________, district_______________, has under sub-section (3) of Section 36 of the Maharashtra Land Revenue Code, 1966, applied to set aside the transfer made by____________, son of_____________, occupation________, resident of village_______, taluka______, district_____________ in respect of the occupancy described in the schedule hereto, situated in village_______, taluka, ___________, district_______ and to put him in possession thereof, you are hereby informed that you should appear either personally or through your legal practitioner or agent at_____ on_____ day of_______, 20____ and submit in the above mentioned case_____________.
(If the notice is to the person having prima facie right to occupancy):- Your claims, if any, for being placed in possession of the occupancy in question.
(If the notice is to the creditors):- Your claims, if any, regarding any dues which form a charge on the occupancy.
In the event of your failure to appear and submit your claim, it will be assumed that you have no claim to the said occupancy.
Seal of the Collector
Collector
Date______, 20___
SCHEDULE
| Occupancy No. | Survey No./Plot No. | Area | Right | Revenue |
| (1) | (2) | (3) | (4) | (5) |
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FORM ‘C’
[See Rule 5(2)]
Proclamation
Before the____________________
In the Case of________________
No of Case_________
Whereas________, son of______________, resident of__________, taluka___________, district_______________, has under sub-section (3) of Section 36 of the Maharashtra Land Revenue Code, 1966, applied to set aside the transfer made by____________, son of_____________, occupation________, resident of__________, taluka______, district_____________ in respect of the occupancy described in the schedule hereto, situated in village_______, taluka, ___________, district_______ and to put him in possession thereof.
And whereas, it has been found that the said transfer was made in contravention of sub-section (2) of Section 36 of the said Code;
Now, therefore, all persons who may claim to be heirs of the transferor, all creditors to whom the said transferor may be indebted for advances to which form a charge on the said occupancy, and all persons who may desire to be heard, are hereby informed that they should appear either personally or through their practitioner or agent and put forward their claims in relation to the occupancy at______ a.m./p.m.. on______ at________.
In the event of failure so to appear and put forth the claim on the date and at the place mentioned above, no claim or objection will be considered.
Seal of the Collector
Collector
Date______, 20___
SCHEDULE
| Occupancy No. | Survey No./Plot No. | Area | Right | Revenue |
| (1) | (2) | (3) | (4) | (5) |
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FORM ‘D’
[See Rule 6(2)]
Statement of the arrears of land revenue or other dues forming charges on the occupancy
Before the____________________ at___________________
In the Case of________________
No of Case_________
| Name of Village with settlement Number | Survey No./Plot No. | Area | Land Revenue | Amount of arrears of land revenue | Amount of tagai under appropriate heads | Particulars of other debts charged on the occupancy | Total |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Rs.P. | Rs.P. | Rs.P. | |||||
Seal of the Collector
Collector
Date______, 20___
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FORM ‘E’
[See Rule 6(2)]
Applicant’s Statement regarding arrears of land revenue or other dues forming charge on the holding
Before the____________________ at___________________
In the Case of________________
No of Case_________
Whereas, in the case mentioned above it has been held that the occupancy described in columns 2 to 4 of the schedule hereto shall be put in any possession:
I,_______________, son of______________ village_______, taluka_____ of the district________ hereby agree to pay the dues specified in columns 5 to 8 of the said Schedule.
SCHEDULE
| Name of Village with settlement Number | Survey No./Plot No. of the occupancy | Area | Land Revenue payable in respect of the occupancy | Amount of arrears of land revenue | Amount of tagai under appropriate heads | Particulars of other debts charged on the occupancy | Total |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Rs.P. | Rs.P. | Rs.P. | |||||
I also agree that such of the dues specified in the Schedule as are recoverable as arrears of land revenue or as a revenue demand may be recovered from me under Chapter XI of the Maharashtra Land Revenue Code, 1966.
Dated:-__________
Signature
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Foot Notes:-
1. Maharashtra Government Gazette, Pt. IV-B, P.506, as amended by Corrigendum No.UNF. 1567(h)R, dated 28th February, 1970 (Maharashtra Government Gazette, Pt. IV-B, P.555).
2. Inserted by the Maharashtra Land Revenue Restoration of Occupancy Unauthorisedly Transferred by Occupants belonging to Scheduled Tribes (Amendment) Rules, 1979, S.2, dated 21st June, 1979,
3. Ibid.
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[2]
The Maharashtra Land Revenue (Transfer of Occupancy by Tribals to Non-Tribals) Rules, 1975
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Government Notification in the Department of Revenue & Forest, REV.1074/208094-L-9, dated 2nd October, 1975.— In exercise of the powers conferred by sub-sections (2), (4) and (6) of Section 36A, Section 36B and Section 328 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of Section 329 of the said Code, namely:-
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Rule 1. Short title,-
These rules may be called the Maharashtra Land Revenue (Transfer of Occupancy by Tribals to Non-Tribals) Rules, 1975.
Rule 2. Definitions,-
In these rules, unless the context requires, otherwise—
(a) “Code” means the Maharashtra Land Revenue Code, 1966;
(b) “Form” means a form appended to these rules;
(c) “Section” means a section of the Code;
(d) words and expressions used but not defined in these rules shall have the same meanings as defined in the Code.
Rule 3. Application for transfer of occupancy under Section 36A and procedure for disposal thereof,-
(1) As soon as may be after an application under Section 36A is received by the Collector from a non-Tribal for transfer in his favour of an occupancy of a land belonging to a Tribal, the Collector shall issue a public notice in Form A containing the details of the land in respect of which the application is made, the nature of transfer i.e. sale, gift, exchange, mortgage, lease or otherwise and the consideration proposed to be paid therefor and call upon the other Tribals, who are willing to have the occupancy transferred to them on payment of the same consideration as offered by the non-Tribal to submit to him within one month from the date of publication of the notice applications indicating willingness to accept the transfer of land at the same consideration as mentioned in the public notice.
(2) The public notice under sub-rule (1) shall be published in the village in which the land is situated and also in the villages within a radius of five kilometres thereof by beat of drum. Copies of the notice shall also be affixed on the notice board in the office of the Collector, the Sub-Divisional Officer, the Tahsildar and of the village Panchayat and also in the village Chavdi and at any prominent place in the village. A copy of the notice shall also be sent to an association or similar other organisation of the Tribals, if any, working in the taluka with a request to forward to the Collector application of any Tribal, willing to have the occupancy of land transferred in his favour.
(3) After the expiry of the period referred to in sub-rule (1) the Collector shall consider the applications, if any, received by him, and if he finds that any of the Tribals residing in the village in which the land is situate or in any of the village within a radius of 5 kilometres thereof is willing to have the occupancy transferred in his favour for the same consideration as offered by the non-Tribal, he shall not grant the permission for transfer of the occupancy to the non-Tribal. He shall simultaneously inform the Tribal transferor the names of the Tribals who are willing to have the occupancy transferred to them and advise him to transfer the occupancy to any one of them 1[as he may choose].
Rule 4. Sanction of Collector under Section 36A for transfer,-
(1) Under Section 36A, the Collector may subject to the provisions of Rule 3, give sanction for–
(a) the sale of the land where it is being sold—
(i) for any bona fide non-agricultural purpose, or
(ii) in execution of a decree of a civil court or for the recovery of arrears of land revenue under the provisions of the Code:
Provided that, no sanction for sale shall be given under sub-clause (ii) of clause (a) of this sub-rule, if the Tribal is likely to be rendered landless as a result of the sale;
(b) the lease of the land, where the land is being leased by a lessor who is a minor or widow or a person under any physical or mental disability;
(c) the mortgagor of the land, where the land is being mortgaged for purposes of raising a loan for the development of the land;
(d) the exchange of the land where the land is being exchanged—
(i) for land of equal or nearly equal value owned and cultivated personally by a member of the Tribal’s family, or
(ii) for land of equal or nearly equal value in the same village owned and cultivated personally by another land owner with a view to forming compact block of his holding for better management thereof:
Provided that, the total land held and cultivated personally by any one whether as owner or tenant or partly as owner and partly as tenant does not exceed an economic holding as a result of the exchange’
(e) the transfer of the land by way of sale or lease—
(i) if the land is required by an industrial undertaking in connection with any bona fide industrial operations carried on or to be carried on by such undertaking;
(ii) if the land is required for the benefit of any educational or charitable institution;
(iii) if the land is required for the benefit of a co-operative society;
2[(f) the sale of the land where it is being sold to a person who has been or is likely to be rendered landless on account of compulsory acquisition of his land for any public purpose:
Provided that, no sanction for the sale shall be given under clause (f), if the Tribal is likely to be rendered landless as a result of the sale.
Explanation.— For the purposes of the proviso to clause (f), a person shall be deemed to be landless if he is a landless person within the meaning of that expression as defined in clause (17) of Section 2 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.]
(2) Where sanction is given for lease or mortgage, as the case may be in the circumstances specified in clause (b) or (c) of sub-rule (1), it shall be subject to the condition that the land shall not be put to any non-agricultural use.
Rule 5. Enquiry by Collector under sub-section (4) of Section 36A,-
(1) The Collector shall, suo motu or on an application of any person interested in the occupancy transferred in contravention of sub-section (1) of Section 36A, hold an inquiry in the manner provided in sub-rules (3) to (5).
(2) The application referred to in sub-rule (1) shall contain the following particulars, namely:—
(i) Name of the applicant;
(ii) Survey number, area and assessment of the land;
(iii) The name of the village, taluka and district in which the land is situate;
(iv) the name of the transferor and transferee;
(v) the date of the transfer;
(vi) circumstances in which the transfer was made.
(3) After receipt of the application or suo motu on the basis of the record, if any, available with him, if the Collector thinks that there is reasonable ground for believing that the Collector’s sanction was not taken for the transfer (which ground he shall record in writing), the Collector shall cause notices in Form B to be served on the transferor (if he is not the applicant) and on the transferee, calling upon them to show cause why the transfer should not be declared invalid, and the notice shall specify the date for hearing the application.
(4) On the date fixed for hearing or on any other date to which the hearing may be adjourned the Collector may examine the parties, and after recording the statements of witnesses, if any and after making such enquiry as he may consider necessary, shall record a finding whether or not the transfer is made with the previous sanction of the Collector as required by sub-section (1) of Section 36A. If the finding is that the transfer is made with the previous sanction of the Collector, the application, if any, shall be rejected. If the finding is that the transfer is made without the previous sanction of the Collector, the Collector shall declare the transfer to be invalid under sub-section (5) of Section 36A.
(5) The decision of the Collector shall be communicated to the parties concerned.
Rule 6. Form of notice to be given to the Tribal transferor under sub-section (6) of Section 36A,-
The notice to be given to the Tribal transferor under sub-section (6) of Section 36A shall be in Form C.
Rule 7. Purchase price of occupancy,-
The purchase price of the occupancy to be purchased by the Tribal transferor under sub-section (6) of Section 36A shall be an amount equal to 48 times the assessment of the land.
Rule 8. Damages for use and occupation of occupancy under Section 36B,-
(1) The amount to be paid by a non-Tribal for the use and occupation of the occupancy under Section 36B shall be determined by the Collector in the following manner namely:-
(i) The Collector shall give a notice to the non-Tribal in Form ‘D’ calling upon him to file a statement within one month from the date of the notice indicating therein the gross income derived and the expenditure incurred by him on cultivation of the said occupancy during the period from the year following the year in which the occupancy is or is ordered to be restored to the Tribal or is vested in the State Government till possession of occupancy is given (hereinafter referred to in this rule as the ‘said period’).
(2) After receipt of the statement or if the same is not filed by the non-Tribal, then suo-motu, the Collector shall after giving the non-Tribal a reasonable opportunity of being heard and after holding such enquiry as he deems fit, determine regard being had to the statement, if any, filed by the non-tribal—
(a) the total gross income derived by the non-Tribal during the said period taking into account the following factors:-
(i) the crops raised in the land during the same period;
(ii) the average market prices of the said crops during the said period;
(b) the total expenditure which the non-Tribal had to incur on cultivation of the said land during the said period taking into account the following factors—
(i) the average cost of cultivation of the said crops during the said period;
(ii) the expenditure that may have to be incurred in selling of the said crops;
(iii) the land revenue, the irrigation cess and other cesses or imposts which were required to be paid by the non-Tribal during the said period.
(3) The difference between the total gross income and the total expenditure shall then be determined as the amount to be paid by the non-Tribal for the use and occupation of the occupancy.
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FORM ‘A’
[See Rule 3]
Public notice under Rule 3 of the Maharashtra Land Revenue (Transfer of Occupancy by Tribals to Non-Tribals) Rules, 1975
Whereas an application has been received by the Collector of_______ for taking on_____ sale/mortgage etc/lease of the occupancy of the lands mentioned in the schedule appended hereto and belonging to Shri._______________________ a Tribal resident of village_________, taluka___________, District______.
And whereas the applicant has offered to Shri._________, the said lands are to be leased at a rent of Rs._____/- p.a., a sum of Rs.________/- by way of consideration in respect of the said lands;
And whereas if any Tribal residing in the village_________ or within five kilometres thereof is prepared to take over the occupancy from the owner on sale/mortgage etc/lease, he is to be given precedence under the provisions of the proviso to sub-section (1) of Section 36A;
Now, therefore, all Tribals who are residents of the village or who are residing within a radius of five kilometres thereof and are prepared to take the occupancy from Shri._________ on sale/mortgage etc/lease and to pay therefor a sum of Rs._____/- by way of consideration are hereby called upon to submit to the undersigned within one month from the date of publication of this notice, applications for having the mortgage/sale etc./lease made in their favour/on payment of Rs._______/- or a rent of Rs._____/ p.a.
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SCHEDULE
Description of the Occupancy
| District | Taluka | Village | Survey No. | Pot Hissa No. | Area | Assessment | Name of the Tribal transferee |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| H.A (A.g.) | Rs.P | ||||||
Collector of__________
Place________
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FORM ‘B’
[See Rule 5(3)]
Notice to be issued to the transferee and transferor under sub-rule (3) of Rule 5
NOTICE
Whereas it has been brought to my notice/I have noticed that the occupancy described in the Schedule hereto, situated in village______, taluka______, District_______ originally belonging to you Shri.______________, resident of_____________ has been transferred to Shri./you, ________________ resident of______________ on or about the______ day of________, 20_____.
And Whereas there is reason to believe that the said transfer has been made in contravention of the provisions of sub-section (1) of Section 36A of the Maharashtra Land Revenue Code, 1966;
Now therefore, I hereby call upon you to show cause why the transfer of the said occupancy should not be declared as invalid and possession thereof taken by the State Government, by appearing 3[personally or through your authorised agent (other than a pleader)] at______ on_______ day of_______, 20_____.
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SCHEDULE
Description of Land
| District | Taluka | Village | Survey No. Gat No. | Pot Hissa No. | Area | Assessment | Name of the original Tribal transferor | Name of the non-Tribal transferee |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| H.A (A.g.) | Rs.P | |||||||
Collector of_________
[Seal of the Collector]
Date:-__________
To,
Shri.____________
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FORM ‘C’
[See Rule 6]
Notice to be issued to the Tribal transferor under sub-section (6) of Section 36A of the Maharashtra Land Revenue Code, 1966
NOTICE
Whereas the occupancy mentioned in the Schedule hereto was transferred by you to Shri.________ of village,________ taluka__________ on______.
And whereas the transfer of the said occupancy has been declared to be invalid under sub-section (5) of Section 36A of the Maharashtra Land Revenue Code, 1966, and the same stands vested in the State Government.
And whereas the said occupancy is to be disposed of under sub-section (6) of Section 36A of the said Code.
Now, therefore, I call upon you to state in writing within 90 days from the date of receipt of this notice whether or not you are willing to purchase the said land at a purchase price of Rs._______/- and on the condition that you undertake to cultivate it personally.
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SCHEDULE
Description of Land
| District | Taluka | Village | Survey No. Gat No. | Pot Hissa No. | Area | Assessment | Name of the original Tribal transferor | Name of the non-Tribal transferee |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| H.A (A.g.) | Rs.P | |||||||
Collector of_________
[Seal of the Collector]
Date:-__________
To,
Shri.____________
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FORM ‘D’
[See Rule 8]
Notice to be issued to the Non-Tribal for filing a statement of income and expenditure
NOTICE
Whereas the occupancy of the lands mentioned in the Schedule has been ordered to be transferred in favour of Shri____________, a resident of village_______, taluka_________ under the Order No.______, dated_______ of the Collector of______;
And whereas, the possession of the occupancy was given to you by Shri._________ of village_____, taluka_______, the Government of Maharashtra on_______ by virtue of which the possession of the occupancy had remained with you during the period from_____ to _______;
And whereas, in accordance with the provisions of Section 36B of the Maharashtra Land Revenue Code, 1966, you are required to pay to Shri.____________ of village_______, taluka________/the Government of Maharashtra the amount for the use and occupation of the land as may be fixed by me;
Now, therefore, I call upon you to file on or before__________ a statement regarding the gross income derived and the gross expenditure incurred by you in respect of the said occupancy during the period from______ to_______. If no statement is filed on or before________, it will be presumed that you do not intend to file such a statement and the amount will be determined in accordance with the provisions of Rule 8 of the Maharashtra Land Revenue (Transfer of Occupancy by Tribals to Non-Tribals) Rules, 1975.
SCHEDULE
Description of Land
| District | Taluka | Village | Survey No. Gat No. | Pot Hissa No. | Area | Assessment |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| H.A (A.g.) | Rs.P | |||||
Collector of_________
[Seal of the Collector]
Date:-__________
To,
Shri.____________
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Foot Notes:-
1. Substituted by Government Notification of 6.8.1976.
2. Substituted by Government Notification of 6.8.1976.
3. Substituted by Government Notification of 29.11.1977.
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[3]
The Maharashtra Restoration of Lands to Scheduled Tribes Rules, 1975
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Government Notification in the Department of Revenue & Forest. No.REV.1075/49247-I-9, dated 1st November, 1975.—1 In exercise of the powers conferred by Section 11 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (Mah. XIV of 1975), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following Rules, the same having been previously published as required by sub-section (1) of the said Section 11, namely:-
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The Maharashtra Restoration of Lands to Scheduled Tribes Rules, 1975
Rule 1. Short title,-
These Rules may be called the Maharashtra Restoration of Lands to Schedule Tribes Rules, 1975.
Rule 2. Definitions,-
In these Rules, unless the context requires otherwise.—
(a) “Act” means the Maharashtra Restoration of lands to Scheduled Tribes Act, 1974;
(b) “Form” means a form appended to these Rules;
(c) “Section” means a Section of the Act;
(d) words and expressions used but not defined in these Rules shall have the meanings respectively assigned to them in the Act.
Rule 3. Procedure for enquiry for restoration of lands to tribals under Sections 3 and 4,-
(1) The Collector shall, suo motu or on an application of any person for restoration of land under Section 3, or as the case may be, under Section 4, hold an enquiry in the manner provided in sub-rules (3) to (5) of this Rule.
(2) The application referred to in sub-rule (1) shall contain the following particulars, namely:-
(i) Name of the applicant;
(ii) survey number, sub-division number, area and assessment of the land transferred to a non-tribal-transferee;
(iii) the name of the village, taluka and district in which the transferred land is situate;
(iv) the name and the present address of the non-tribal transferee;
(v) the date of transfer;
(vi) the mode of transfer;
(vii) consideration, if any, paid by the non-tribal-transferee to the tribal-transferor for transferred land;
(viii) where the land is deemed to have been purchased or acquired by a non-tribal-transferee under or in accordance with the provisions of the relevant tenancy law, the amount of purchase price or part thereof, paid by the non-tribal-transferee to the tribal-transferor; and
(ix) where the land is acquired in exchange by non-tribal-transferee, the survey number, sub-division number, area and assessment of the land received in exchange by the applicant, the village, taluka and district in which it is situate, the valuation of the land acquired in exchange and also of the land transferred in exchange to the non-tribal-transferee; both valuations being estimated as at the time of the exchange.
(3) On the basis of the record, if any, available with him and where an application has been received under sub-rule (1), on the basis of the particulars given in such application, the Collector shall cause notice to be served on the non-tribal-transferee and all other persons interested in the land, calling upon them to show cause why the land should not be restored to the tribal-transferor or, as the case may be, the lands exchanged should not be restored to the tribal. The notice shall specify the date, time and place of hearing. The intimation about the date, time and place of hearing shall also be given to the tribal-transferor.
(4) The notice to be issued under sub-rule (3), shall be in form I where an application has been made to the Collector, and shall be in Form II, where the Collector starts enquiry suo motu.
(5) On the date fixed for hearing or any other date to which the hearing of the inquiry may be adjourned, the Collector may examine the parties and after recording the statements of witnesses, if any, decide the issue relating to the extent and particulars of land which is required to be restored to the tribal-transferor and in case of exchange of land, to the non-tribal-transferee.
(6) The Collector shall then call upon the tribal-transferor to give an undertaking as required under sub-section (2) of Section 3, and on such an undertaking being given, shall pass an order directing restoration of the land to the tribal-transferor.
(7) Every decision of the Collector shall be in writing signed by him in the form of an order, which shall state reasons for such decision and shall contain a full statement of the grounds on which it is passed.
Rule 4. Form of undertaking to be given by the tribal under sub-section (3) of Section 3,-
The undertaking under sub-section (3) of Section 3 shall be in Form III.
Rule 5. Manner of determining value of improvements under clause (a) of sub-section (4) of Section 3,-
(1) The Collector shall give notice in Form IV to the tribal and the non-tribal between whom the lands have been exchanged, and shall call upon each of them to file a statement 2[on the date, time and place mentioned in the notice (such date not being later than fifteen days), indicating therein the improvements made by them respectively on the lands after the exchange was effected and their respective claims in respect thereof.
(2) The statement under sub-rule (1) shall, inter alia contain the following particulars, namely:-
(i) a brief description of the improvement;
(ii) the date or dates on which the improvement was or were made;
(iii) the labour and capital provided and spent on improvements;
(iv) the present condition of the improvement;
(v) the claim for compensation of the non-tribal, or as the case may be, the tribal, in respect of the improvements.
(3) After receipt of the statement, the Collector shall hold an enquiry after summoning the tribal, the non-tribal and their witnesses, if any, on a specified day.
(4) On receiving evidence, and after making such further inquiry as he deems fit and after taking into consideration the factors mentioned in the Explanation to sub-section (4) of Section 3, and in Rule 7, the Collector shall determine.—
(i) the present value of improvements made by the tribal after the date of exchange;
(ii) the present value of improvements made by the non-tribal after the date of exchange.
Rule 6. Manner of determining value of improvements under clause (b) of sub-section (3) of Section 3,-
The provisions of Rule 5 in relation to the manner of determining the value of improvements under clause (b) of sub-section (4) of Section 3 shall apply as they apply in relation to the manner of determining the value of improvements under clause (a) of sub-section (4) of Section 3.
Rule 7. Other factors to be considered for determination of value of improvements,-
For determining the value of any improvement, the Collector shall, in addition to the factors mentioned in the Explanation below clause (b) of sub-section (4) of Section 3, also take into consideration the charges, if any, payable or paid by a non-tribal in respect of the land under any law relating the irrigation for the time being in force in the State or any part thereof and also the charges, if any, payable or paid to Government for the improvement.
Rule 8. Damages for use and occupation of land under Section 5,-
The amount to be paid by a non-tribal for the use and occupation of the land under Section 5 shall be determined by the Collector in the following manner, namely:-
(1) The Collector shall give a notice to the non-tribal in the Form V calling upon him to file a statement within one month from the date of receipt of the notice indicating therein the gross income derived and the expenditure incurred by him on cultivation of the said land during the period from the year following the year in which the land is or is ordered to be restored to the tribal till possession of the land is given (hereinafter referred to in this Rule as “the said period”).
(2) After receipt of the statement, or if the same is not filed by the non-tribal, then suo motu, the Collector shall, after giving the non-tribal a reasonable opportunity of being heard, and after holding such enquiry as he deems fit, determine, regard being had to the statement, if any, filed by the non-tribal.—
(a) the total gross income derived by the non-tribal during the said period taking into account the following factors:-
(i) the crops raised in the land during the said period;
(ii) the average market prices of the said crops during the said period;
(b) the total expenditure which the non-tribal had to incur on cultivation of the said land during the said period taking into account the following factors;
(i) the average cost of cultivation of the said crops during the said period;
(ii) the expenditure that may have to be incurred in selling the said crops;
(iii) the land revenue, the irrigation cess and other cesses or imposts which were required to be paid by the non-tribal during the said period.
(3) The difference between the total gross income and the total expenditure shall then be determined as the amount to be paid by the non-tribal for the use and occupation of the land.
Rule 9. Fees for filing appeal or application under the Act,-
(1) Every application made under this Act shall bear a Court-fee stamp of twenty paise.
(2) Every appeal made under Section 6.—
(i) shall bear a Court-fee stamp of two rupees, where it is made by a tribal; and
(ii) shall bear a Court-fee stamp of twenty-five rupees, where it is made by a non-tribal.
Rule 10. Service of notices,-
(1) Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed by, or by order of the Collector.
(2) Whenever it may be practicable, the service of the notice shall be made on person named.
(3) When such person cannot be found, the service may be made on any adult male member of his family residing with him; and if no such adult male member can be found, the notice may be served by fixing a copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof at some conspicuous place in the office of the Collector and also at some conspicuous part of the land in respect of which inquiry is to be held:
Provided that, if the Collector shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and service of it may be proved by the production of the addressee’s receipt.
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FORM I
[See Rule 3(4)]
Notice to be issued to the non-tribal-transferee and other interested persons where the tribal-transferor has made an application to the Collector
Before the___________ at______
In the case of________
No. of case______
To,
Shri______________,
Son of____________
Resident of village________,
Taluka_______,
District________.
Whereas an application has been received by the Collector of__________ from Shri.___________, son of___________, resident of village________, Taluka________, District________ under Section 3/Section 4 of the Maharashtra Restoration of Land to Scheduled Tribes Act, 1974, for restoration of the lands described in the Schedule hereto;
Now, therefore, you are hereby called upon to show cause, why the said lands should not be restored to the said Shri._________________ and the land shown at Serial No.____________ in the said Schedule which has been received by the said applicant in exchange should not be restored to Shri.___________ 3[by appearing personally or through your legal authorised agent (other than a pleader)] at_______ on________, day of_______, 20____.
—————
SCHEDULE
Description of the Occupancy
| Sr. No. | District | Taluka | Village | Survey No. | Pot Hissa No. | Area | Assess ment | Name of the occupant | Name of the person to whom land is to be restored |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) |
| H.A (A.g) | Rs. P. | ||||||||
[Seal of the Collector]
Collector of________
Date:-_________
To,
Shri.__________
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FORM II
[See Rule 3(4)]
Notice to be issued to non-tribal-transferee and other interested persons where the tribal-transferor has not made an application to the Collector
Before the___________ at______
In the case of________
No. of case______
To,
Shri______________,
Son of____________
Resident of village________,
Taluka_______,
District________.
Whereas from the records available in my office it appears that Shri_________, son_________ of_________ resident of village________, Taluka________, District________, who is a tribal has transferred the land shown at Serial No.______ in the said Schedule to the said non-tribal person.
And where an enquiry is required to be held under Section 3/Section 4 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 for the restoration of the said lands to the said Shri___________.
Now, therefore, you are hereby called upon to show cause why the land shown at Serial No._______ in the said Schedule should not be so restored to the said Shri._________/ and the land shown at Serial No.____________________ 4[in the said Schedule not be restored] to the person shown in column 10 against the said serial number, 5[on or before the_______ day of________, 20___]. The matter will be heard by me at______ on____ day of_______, 20____.
You are, therefore, requested to remain present 6[personally or through your authorised agent (other than a pleader) at the aforesaid date, time and place. If you fail to remain present, it will be assumed that you have nothing to say in the matter, and the same shall accordingly be decided by me.
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SCHEDULE
Description of the Occupancy
| Sr. No. | District | Taluka | Village | Survey No. | Pot Hissa No. | Area | Assess ment | Name of the occupant | Name of the person to whom land is to be restored |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) |
| H.A (A.g) | Rs. P. | ||||||||
[Seal of the Collector of________]
Collector of________
No.______
Date:-_________
Place:-________
————-
FORM III
[See Rule 4]
Undertaking to be given by the tribal under
sub-section (3) of Section 3
To,
The Collector of________
I, Shri.________, resident of village______, Taluka______, district________ hereby undertake to cultivate personally the land/lands specified in the Schedule hereto and which is/are in the possession of Shri.________, resident of village________, Taluka_______, District_________, if and when the same is/are restored to me under the provisions of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. I also undertake to pay such amounts as the Collector may, under the provisions of sub-section (4) of Section 3 of the said Act, determine. .
SCHEDULE
Description of the Occupancy
| District | Taluka | Village | Survey No. | Pot Hissa No. | Area | Assessment |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| H.A. (A.g.) | Rs.P. | |||||
Date:-____________
Signature of the applicant
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FORM IV
[See Rules 5 and 6]
Notice to be issued to the tribal and the non-tribal
Whereas, the land mentioned in Scheduled hereto was transferred to you by Shri________________, resident of___________ Village__________, Taluka_______, district_________.
And whereas, the said land has been restored to Shri._____________ on______.
And whereas, the value of improvements made by you in the said land since the date of transfer till the date of its restoration is required to be determined under sub-section (4) of Section 3 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974;
Now, therefore, I call upon you to state in writing 7[on or before the_____ date of______, 20____], the details of the improvements, if any, made by you in the said land within the aforesaid period and to file a statement of your claim in respect of the said improvements, in accordance with Rules 5/6 of the Restoration of Lands to Scheduled Tribes Rules, 1975. If no statement is filed within the aforesaid period, it will be presumed that you do not intend to file any claim in respect of the value of improvements in the said land and the matter will be decided accordingly.
SCHEDULE
Description of the Occupancy
| District | Taluka | Village | Survey No. | Pot Hissa No. | Area | Assessment |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| H.A. (A.g.) | Rs.P. | |||||
[Seal of the Collector]
Collector of_________
Date:-__________
To,
Shri.___________
———–
FORM V
[See Rule 8]
Notice
Notice to be issued to the non-tribals for filing a statement
of income and expenditure
Whereas, the lands mentioned in Schedule hereto have been ordered to be transferred in favour of Shri_________, resident of Village______, Taluka_____, under Order No._______, dated________ of the Collector of the________.
And whereas, the possession of the said lands was given to you by Shri._______ of Village______, Taluka________ on_______ by virtue of which the possession of the said lands had remained with you during the period from_____ to_______. .
And whereas, in accordance with the provisions of Section 4 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 you are required to pay to Shri________, Taluka________, the amount for the use and occupation of the land as may be fixed by me;
Now, therefore, I call upon you to file on or before___________, a statement regarding the gross income derived and the gross expenditure incurred by you in respect of the said land during the period from_____ to______, if no statement is filed on or before____________, it will be presumed that you do not intend to file such a statement and the amount will be determined in accordance with the provisions of Rule 8 of the Maharashtra Restoration of Lands to Scheduled Tribes Rules, 1975.
SCHEDULE
Description of land
| District | Taluka | Village | Survey No. | Pot Hissa No. | Area | Assessment |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| H.A. (A.g.) | Rs.P. | |||||
[Seal of the Collector]
Collector of_________
Date:-__________
To,
Shri.___________
———–
Foot Notes:-
1. Published in Maharashtra Government Gazette, Pt.IV-B, page.1447.
2. Substituted by Government Notification of 29.11.1977.
3. Substituted by Government Notification of 29.11.1977.
4. Substituted by Government Notification of 29.11.1977.
5. Substituted by Government Notification of 29.11.1977.
6. Substituted by Government Notification of 29.11.1977.
7. Substituted by Government Notification of 29.11.1977.
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