Restoration of transfer of lands to Tribals in certain cases.

§3

Summary

(1) Where due to transfer- (a) the land of a Tribal-transferor is held by a non-Tribal-transferee, or (b) the land acquired in exchange by a Tribal-transferor is less in value than the value of the land given in exchange, and the land so transferred is in possession of the non-Tribal-transferee, and has not been put to any non-agricultural use on or before the 6th day of July, 1974, then, notwithstanding anything contained in any other law for the time being in force, or any judgment, decree or order of any Court, Tribunal or authority, the Collector either suo motu at any time, or on the application of a Tribal-transferor, made, 1[within thirty years from the 6th July 2004] shall, after making such inquiry as he thinks fit, direct that- (i) the lands of the Tribal-transferor and non-Tribal-transferee so exchanged shall be restored to each other ; and the Tribal-transferor, or as the case may be, the non-Tribal-transferee shall pay the difference in value of improvements as determined under clause (a) of sub-section (4), or (ii) the land transferred otherwise than by exchange be taken from the possession of the non-Tribal-transferee, and restored to the Tribal-transferor, free from all encumbrances and the Tribal-transferor shall pay such transferee and other persons the amount determined under clause (b) of sub-section (4) : Provided that, where land is transferred by a Tribal-transferor, in favour of non-Tribal-transferee before the 6th day of July, 1974, after such transferee was rendered landless by reason of acquisition of his land for a public purpose, then only half the land so transferred shall be restored to the Tribal-transferor. 2[Explanation.- Where the land of a Tribal and non-Tribal are purported to have been transferred to each other, otherwise than by exchange, but the date on which the instruments for such transfers are registered is the same or, where such instruments are registered on different dates, but the interval between the dates of registration is thirty days or less, then, notwithstanding anything contained in such instruments, for the purposes of this section, such transfers shall be deemed to be by way of exchange. 3[(1A) Where any proceedings are taken under clause (ii) of sub-section (1) before the date of commencement of the Maharashtra Restoration of Lands to Scheduled Tribes (Amendment) Act, 1977 (Mah. LVII of 1977) (hereinafter in this section referred to as "the commencement date"), in respect of any land purported to have been transferred by a Tribal-transferor, to a non-Tribal-transferee, otherwise than by exchange, and (a) such proceedings are pending before the Collector or any appellate or revisional authority on the commencement date ; and the Collector or such authority is satisfied, after giving a reasonable opportunity of being heard to both the parties, that there were transfers of lands by way of exchange between the parties within the meaning of the Explanation to sub-section (1), then,- (i) if such proceedings are pending before the Collector, the Collector shall hold a fresh inquiry under clause (i) of sub-section (1) in respect of the lands deemed to be exchanged ;] (ii) if such proceedings are pending before the appellate or revisional authority, such authority shall set aside the order of the Collector and direct the Collector to hold a fresh inquiry under clause (i) of sub-section (1) in respect of the lands deemed to be exchanged ; (b) such proceedings have been completed by the Collector or by any such authority, but the Collector, within a period of six months from the commencement date, is on an application made by any of the parties to the exchange, or suo motu, satisfied after giving a reasonable opportunity of being heard to both the parties, that there were transfers of lands by way of exchange between the parties within the meaning of the Explanation to sub-section (1), the Collector shall forthwith pass necessary orders to restore the status quo and then hold a fresh inquiry under clause (i) of sub-section (1) in respect of the lands deemed to be exchanged. ] (2) Where any land restored under clause (i) of sub-section (1) to a Tribal or a non-Tribal is burdened with encumbrances, then such encumbrances shall be transferred therefrom and attach themselves to the lands restored to the non-Tribal or the Tribal, as the case may be. (3) The Tribal-transferor shall, notwithstanding anything contained in any law for the time being in force in the State, be entitled to restoration of land under this section only if he undertakes to cultivate the land personally and to pay such amount to the non-Tribal-transferee as the Collector may, under the provisions of sub-section (4), determine : Provided that, in the case of a minor, the undertaking may be given by his guardian, and in the case of any other person under disability by his authorised agent. (4) (a) Where lands are restored under clause (i) of sub-section (1), the Collector shall in the prescribed manner determine the value of the improvements, if any, made thereon after such exchange by the Tribal-transferor or the non-Tribal-transferee. If the value of the improvements, if any, made by a Tribal-transferor is found to be more, the difference shall be payable by the non-Tribal transferee to the Tribal-transferor ; and if the value of the improvements, if any, made by the non-Tribal-transferee is found to be more, the difference shall be payable by the Tribal-transferor to the non-Tribal-transferee. (b) The amount payable by the Tribal-transferor for the land restored to him under clause (ii) of sub-section (1) shall consist of an amount equal to 48 times the assessment of the land or the amount of consideration paid by the non-Tribal transferee for acquisition of the land whichever is less plus the value of the improvements if any, made by the non-Tribal-transferee therein to be determined by the Collector in the prescribed manner. Explanation.- In determining the value of any improvement under clause (a) or clause (b), the Collector shall have regard to- (i) the labour and capital provided or spent on improvements ; (ii) the present conditions of the improvements ; (iii) the extent to which improvement is likely to benefit the land during the period of ten years next following the year in which such determination is made ; and (iv) such other factors as may be prescribed. (c) The Tribal-transferor, or as the case may be, the non-Tribal-transferee who is found liable to pay the amount representing the difference in the value of improvements as determined by the Collector under clause (a) shall pay the said amount to the non-Tribal-transferee, or as the case may be, the Tribal-transferor, either in lump sum or in such annual instalments not exceeding twelve (with simple interest at 4 per cent. per annum) as the Collector may direct. (d) The Tribal-transferor, to whom land is restored 4[under clause (ii) of sub-section (1)] of this section shall pay to the non-Tribal-transferee and other persons claiming encumbrances the amount determined under this sub-section, either in lump sum or in such annual instalments not exceeding twelve (with simple interest at 4 per cent. per annum) as the Collector may direct. (e) The apportionment of the amount determined under clause (b) amongst the transferee and the persons claiming encumbrances shall be determined by the Collector in the following manner, that is to say :- (i) if the total value of encumbrances on the land is less than the amount determined under clause (b), the value of encumbrances shall be paid to the holders thereof in full ; (ii) if the total value of encumbrances on the land exceeds the amount determined under clause (b), the amount shall be distributed amongst the holders of encumbrances in the order of priority : Provided that nothing in clauses (d) and (e) shall effect the right of holder of any encumbrances to proceed to enforce against the non-Tribal-transferee his right in any other manner or any other law for the time being in force. (f) During any period for which payment of rent is suspended or remitted under the relevant tenancy law, the Tribal-transferor or as the case may be, non-Tribal- transferee shall not be bound to pay the amount in lump sum or the amount of any instalment fixed under this section or interest thereon, if any. (g) If the Tribal-transferor or as the case may be, non-Tribal-transferee fails to pay the amount in lump sum or remains in arrears of two or more instalments, the amount so remaining unpaid (with interest thereon at 4 per cent. per annum) shall be recoverable by the Collector as an arrear of land revenue. The amount so recovered shall be paid by the Collector to the non-Tribal-transferee and persons claiming encumbrances, if any, or as the case may be, the Tribal-transferor.

(1) Where due to transfer- (a) the land of a Tribal-transferor is held by a non-Tribal-transferee, or (b) the land acquired in exchange by a Tribal-transferor is less in value than the value of the land given in exchange, and the land so transferred is in possession of the non-Tribal-transferee, and has not been put to any non-agricultural use on or before the 6th day of July, 1974, then, notwithstanding anything contained in any other law for the time being in force, or any judgment, decree or order of any Court, Tribunal or authority, the Collector either suo motu at any time, or on the application of a Tribal-transferor, made, 1[within thirty years from the 6th July 2004] shall, after making such inquiry as he thinks fit, direct that- (i) the lands of the Tribal-transferor and non-Tribal-transferee so exchanged shall be restored to each other ; and the Tribal-transferor, or as the case may be, the non-Tribal-transferee shall pay the difference in value of improvements as determined under clause (a) of sub-section (4), or (ii) the land transferred otherwise than by exchange be taken from the possession of the non-Tribal-transferee, and restored to the Tribal-transferor, free from all encumbrances and the Tribal-transferor shall pay such transferee and other persons the amount determined under clause (b) of sub-section (4) : Provided that, where land is transferred by a Tribal-transferor, in favour of non-Tribal-transferee before the 6th day of July, 1974, after such transferee was rendered landless by reason of acquisition of his land for a public purpose, then only half the land so transferred shall be restored to the Tribal-transferor. 2[Explanation.- Where the land of a Tribal and non-Tribal are purported to have been transferred to each other, otherwise than by exchange, but the date on which the instruments for such transfers are registered is the same or, where such instruments are registered on different dates, but the interval between the dates of registration is thirty days or less, then, notwithstanding anything contained in such instruments, for the purposes of this section, such transfers shall be deemed to be by way of exchange. 3[(1A) Where any proceedings are taken under clause (ii) of sub-section (1) before the date of commencement of the Maharashtra Restoration of Lands to Scheduled Tribes (Amendment) Act, 1977 (Mah. LVII of 1977) (hereinafter in this section referred to as "the commencement date"), in respect of any land purported to have been transferred by a Tribal-transferor, to a non-Tribal-transferee, otherwise than by exchange, and (a) such proceedings are pending before the Collector or any appellate or revisional authority on the commencement date ; and the Collector or such authority is satisfied, after giving a reasonable opportunity of being heard to both the parties, that there were transfers of lands by way of exchange between the parties within the meaning of the Explanation to sub-section (1), then,- (i) if such proceedings are pending before the Collector, the Collector shall hold a fresh inquiry under clause (i) of sub-section (1) in respect of the lands deemed to be exchanged ;] (ii) if such proceedings are pending before the appellate or revisional authority, such authority shall set aside the order of the Collector and direct the Collector to hold a fresh inquiry under clause (i) of sub-section (1) in respect of the lands deemed to be exchanged ; (b) such proceedings have been completed by the Collector or by any such authority, but the Collector, within a period of six months from the commencement date, is on an application made by any of the parties to the exchange, or suo motu, satisfied after giving a reasonable opportunity of being heard to both the parties, that there were transfers of lands by way of exchange between the parties within the meaning of the Explanation to sub-section (1), the Collector shall forthwith pass necessary orders to restore the status quo and then hold a fresh inquiry under clause (i) of sub-section (1) in respect of the lands deemed to be exchanged. ] (2) Where any land restored under clause (i) of sub-section (1) to a Tribal or a non-Tribal is burdened with encumbrances, then such encumbrances shall be transferred therefrom and attach themselves to the lands restored to the non-Tribal or the Tribal, as the case may be. (3) The Tribal-transferor shall, notwithstanding anything contained in any law for the time being in force in the State, be entitled to restoration of land under this section only if he undertakes to cultivate the land personally and to pay such amount to the non-Tribal-transferee as the Collector may, under the provisions of sub-section (4), determine : Provided that, in the case of a minor, the undertaking may be given by his guardian, and in the case of any other person under disability by his authorised agent. (4) (a) Where lands are restored under clause (i) of sub-section (1), the Collector shall in the prescribed manner determine the value of the improvements, if any, made thereon after such exchange by the Tribal-transferor or the non-Tribal-transferee. If the value of the improvements, if any, made by a Tribal-transferor is found to be more, the difference shall be payable by the non-Tribal transferee to the Tribal-transferor ; and if the value of the improvements, if any, made by the non-Tribal-transferee is found to be more, the difference shall be payable by the Tribal-transferor to the non-Tribal-transferee. (b) The amount payable by the Tribal-transferor for the land restored to him under clause (ii) of sub-section (1) shall consist of an amount equal to 48 times the assessment of the land or the amount of consideration paid by the non-Tribal transferee for acquisition of the land whichever is less plus the value of the improvements if any, made by the non-Tribal-transferee therein to be determined by the Collector in the prescribed manner. Explanation.- In determining the value of any improvement under clause (a) or clause (b), the Collector shall have regard to- (i) the labour and capital provided or spent on improvements ; (ii) the present conditions of the improvements ; (iii) the extent to which improvement is likely to benefit the land during the period of ten years next following the year in which such determination is made ; and (iv) such other factors as may be prescribed. (c) The Tribal-transferor, or as the case may be, the non-Tribal-transferee who is found liable to pay the amount representing the difference in the value of improvements as determined by the Collector under clause (a) shall pay the said amount to the non-Tribal-transferee, or as the case may be, the Tribal-transferor, either in lump sum or in such annual instalments not exceeding twelve (with simple interest at 4 per cent. per annum) as the Collector may direct. (d) The Tribal-transferor, to whom land is restored 4[under clause (ii) of sub-section (1)] of this section shall pay to the non-Tribal-transferee and other persons claiming encumbrances the amount determined under this sub-section, either in lump sum or in such annual instalments not exceeding twelve (with simple interest at 4 per cent. per annum) as the Collector may direct. (e) The apportionment of the amount determined under clause (b) amongst the transferee and the persons claiming encumbrances shall be determined by the Collector in the following manner, that is to say :- (i) if the total value of encumbrances on the land is less than the amount determined under clause (b), the value of encumbrances shall be paid to the holders thereof in full ; (ii) if the total value of encumbrances on the land exceeds the amount determined under clause (b), the amount shall be distributed amongst the holders of encumbrances in the order of priority : Provided that nothing in clauses (d) and (e) shall effect the right of holder of any encumbrances to proceed to enforce against the non-Tribal-transferee his right in any other manner or any other law for the time being in force. (f) During any period for which payment of rent is suspended or remitted under the relevant tenancy law, the Tribal-transferor or as the case may be, non-Tribal- transferee shall not be bound to pay the amount in lump sum or the amount of any instalment fixed under this section or interest thereon, if any. (g) If the Tribal-transferor or as the case may be, non-Tribal-transferee fails to pay the amount in lump sum or remains in arrears of two or more instalments, the amount so remaining unpaid (with interest thereon at 4 per cent. per annum) shall be recoverable by the Collector as an arrear of land revenue. The amount so recovered shall be paid by the Collector to the non-Tribal-transferee and persons claiming encumbrances, if any, or as the case may be, the Tribal-transferor.

← Previous Section Next Section →

Explore this Chapter