The Maharashtra Land Revenue (Transfer of Occupancy by Tribals to Non-Tribals) Rules, 1975
Government Notification in the Revenue & Forest Department, 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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The Maharashtra Land Revenue (Transfer of Occupancy by Tribals to Non-Tribals) Rules, 1975
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 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 villages 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 name of the Tribals who are willing to have the occupancy transferred to them and advise him to transfer the occupancy to any of them *[as he may choose].
Rule 4. Sanction of Collector under Section 36A for transfer,-
(1) Under Section 36A, the Collector may subject to the provision 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 mortgage 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 or 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;
**[(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) 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,-
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:-
(1) 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 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 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 in 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_____/ on a rent of Rs_________ p.a.
SCHEDULE
Description of the Occupancy
| District | Taluka | Village | Survey No. | Plot Hissa No. | Area | Assessment | Name of the Tribal transferee |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| H.A.
(A.g) |
Rs. P. |
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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/your________________________ resident of__________________________ on or about the______ day of____________ 19_____.
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 ***[personally or through your authorised agent (other than a pleader)] at_____ on__________ day of_________ 19_____.
SCHEDULE
Description of Land
| District | Taluka | Village | Survey No. Gat No. | Plot Hissa No. | Area | Assessment | Name of the original Tribal transferee | Name of the non-Tribal transferee |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| H.A.
(A.g) |
Rs. P. | |||||||
[Seal of the Collector]
Date_________
Collector of________________
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.
SCHEDULE
Description of Land
| District | Taluka | Village | Survey No. Gat No. | Plot 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. | |||||||
[Seal of the Collector]
Date_________
Collector of________________
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__________________ resident of village_____ taluka________ under the order No.____ dated______ of the Collector of_________________.
And whereas, the possession of the occupancy was given by you to 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. | Plot Hissa No. | Area | Assessment |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| H.A.
(A.g) |
Rs. P. | |||||
[Seal of the Collector]
Date_________
Collector of________________
To,
Shri________________________
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Foot Notes:-
* Substituted by Government Notification of 6.8.1976.
** Substituted by Government Notification of 6.8.1976.
*** Substituted by Government Notification of 29.11.1977.
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