Tribal Restrictions on transfers , Section 36A of Maharashtra Land Revenue Code 1966 no occupancy of a Tribal shall, be transferred in favour of any non Tribal.
Not 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, except on the application of such non-Tribal and except with the previous sanction.
Lease period of tribal land Maharashtra
According to section 36A there is restriction on tribal land to protect and to promote there culture. But the land may be leased or mortgage as provide below:-
- a) In the case of a lease or mortgage for a period not exceeding 5 years, of the Collector. and
- (b) In all other cases, of the Collector with the previous approval of the State Government.
Expiry of tribal land of lease or mortgage in Maharashtra
S/36A sub Clause 3 of maharashtra Land Revenue, On the expiry of the period of the lease or, mortgage.
The Collector may, notwithstanding anything contained in any law for the time being in force. Or any decree or order of any court or award or order of any tribunal, or authority, either suo motu.
Or on application made by the tribal in that behalf, restore possession of the occupancy to the Tribal.
Invalid transfer of tribal land, Maharashtra
Maharashtra Land Revenue 1966 s/36A(5) Where the Collector decides that any transfer of occupancy has been made in contravention of sub-section (1) of s/36A of Maharashtra Land Revenue 1966.
He shall declare the transfer to be
invalid, and thereupon, the occupancy together with the standing crops
thereon, if any.
Standing crops Shall vest in the State Government free of all encumbrance
and shall be disposed of in such manner as the State Government may, from time to time direct.
Tribal land vested in state government Maharashtra Land Revenue
Where an occupancy vested in the State Government under sub-section
(5) of S/36A maharastra land Revenue.
Occupancy is to be disposed of, the Collector shall give notice in writing to the Tribal transferor requiring him to state within 90 days from the date of receipt of such notice.
Whether or not he is willing to purchase the land, If such Tribal transferor agrees to purchase the occupancy.
Then the occupancy may be granted to him if he pays the prescribed purchase price and undertakes to cultivate the land personally.
So however that the total land held by such Tribal-transferor, whether as owner or tenant, does not as far as possible exceed an economic holding.
Economic holding, Tribal Maharashtra Land Revenue 1966
Explanation of s/ 36A of maharashtra Land Revenue 1966, “economic holding” means 6.48 hectares (16 acres) of jirayat land.
Or 3.24 hectares (8 acres) of seasonally irrigated land, or paddy or rice land, or 1.62 hectares (4 acres) of perennially irrigated land.
And where the land held by any person consists of two or more kinds of land, the economic holding. The economic holding shall be determined on the basis of one hectare of perennially irrigated land.
It being equal to 2 hectares of seasonally irrigated land or paddy or rice land or 4 hectares of jirayat land.