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: These rules may be called the
Maharashtra Land Revenue (Transfer of Occupancy by Tribals to Non-Tribals)
Rules, 1975. 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. (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 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] (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 Tribals
family, or (ii)
for land of equal or nearly equal value in
the same village owned and cultivated personally by another landowner 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) [2][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. (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. The notice to be given to the Tribal
transferor under sub-section (6) of Section 36A shall be in Form C. 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. 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.MAHARASHTRA LAND
REVENUE (TRANSFER OF OCCUPANCY BY TRIBALS TO NONTRIBALS) RULES, 1975
PREAMBLE