| MEASURES AGAINST ALIENATION OF LAND BELONGING
TO ST'S |
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In Maharashtra, certain restrictions on transfer
of tribal lands were imposed by the Maharashtra Land Revenue Code,
1966. Broadly, these provisions prohibited the transfer of tribal
land without prior permission of the Collector. But such permissions
appear to have been given as a matter of routine. The tribals were
also induced to sell their lands because of indebtedness and poverty.
Government has, therefore, taken the following measures to ensure
that tribals are not deprived of their land and that their land
already alienated to the non tribal is restored to the :.
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1) The Maharashtra Land Revenue Code and Tenancy
Laws (Amendment) Act, 1974 2) The Maharashtra Restoration of
Land to Scheduled Tribes Act, 1974
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The Maharashtra Land Revenue Code and Tenancy Laws
(Amendment) Act, 1974 was brought into force with effect from 6th
July, 1974. This Act imposes stricter restrictions on future alienation
of tribal lands to non-tribals. No tribal can, with effect from
6th July, 1974, transfer his land to a non-tribal, by
way of sale (including sales in execution of a decree of a Civil
Court or an award or order of any Tribunal or authority), gift,
exchange, mortgage, lease or otherwise transfer without the previous
sanction (a) of the Collector, in the case of mortgage or lease
for a period not exceeding five years, and (b) of the Collector,
with previous approval of Government, in other cases.
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For timely and effective implementation of the
restrictions imposed by this Act, the Revenue Officers at village
level have been instructed to make a note in the "Other Right
Column" of the village Form No. VII & XII (which contains
the details of each parcel of land held by a holder viz. area, assessment,
mode of cultivation etc.) in respect of the land of tribals, to
the effect that the land is held subject to the provision of Sec.
36 and 36-A of the code. Such entry facilitates identification
at the time of certifying mutation entries in respect of transfer
of land.
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The other measure viz. The Maharashtra Restoration
of lands to Scheduled Tribes Act, 1974 provides for restoration
to a tribal his land which has gone into the hands of a non-tribal
during the period from 1st April, 1957 to 6th
July, 1974 as a result of validly effected transfers (including,
exchanges). Lands purchased or deemed to have been purchased by
a non-tribal, during the above period, under the provisions of the
Tenancy Act (including acquisition of land regularised on payment
of penalty under Tenancy Laws) are also covered by this Act. This
Act was brought into force with effect from 1st November, 1975
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