The Maharashtra Tribal Economic Condition (Improvement) Act, 1976

J-1072
GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIAR Y DEP AR TMENT
MAHARASHTRAACT No. V OF 1977.
THE MAHARASHTRA TRIBALS ECONOMIC
CONDITION (IMPROVEMENT) ACT, 1976.
[ As modified upto the 17th June 2013 ]
PRINTED IN INDIA BY THE MANAGER, CENTRAL JAIL PRESS, NAGPUR AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING,  STATIONERY  AND
PUBLICATIONS MAHARASHTRA STATE, MUMBAI-400 004
2013
[Price :--Rs. 6.00]
THE MAHARASHTRA TRIBALS ECONOMIC CONDITION
(IMPROVEMENT) ACT, 1976.
—————————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent, commencement and cessation.
2. Definitions.
3. Effect of Act, rules, etc., inconsistent with other enactments.
4. Lending in cash or kind to Tribals.
5. Marketing and transport of specified agricultural produce
prohibited.
6. Appointment of agents.
7. Power of State Government or of its agents to fix purchase
price of specified produce.
8. State Government Tribal Authority or agent to purchase and
sell specified produce.
9. Operation of Mah. XX of 1964 in specified tribal areas.
10. [
Deleted.]
11. Power of entry, search, seizure, etc.
12. Offences and penalties.
13. Cognizance of offence, etc.
14. Power to suspend operation of provisions of this Act.
15. Delegation of powers.
16. Indemnity.
17. Every officer, agent or his servant or sub-agent to be public
servant.
18. Rules.
19. Repeal of Mah. Ord. No. VIII of 1976 and savings.
S
CHEDULE
1977 : Mah. V] (i)
J-1072—1
MAHARASHTRA ACT No. V OF 19771.
[THE “MAHARASHTRA TRIBALS ECONOMIC CONDITION (IMPROVEMENT) ACT, 1976]
[8th January 1977.]
[This Act received the assent of the President on 8th January 1977;
and assent was first published in the Maharashtra Government Gazette,
Part IV, Extraordinary, on the 8th January 1977.]
Amended by Mah. 56 of 1977† §
An Act to provide for promoting improvement in the economic condition of
the Tribals in the State of Maharashtra.
WHEREAS, having regard to the economic and social backwardness of the
Tribals owing to the geographical and social isolation in which they have
lived hitherto, it is considered necessary to bring about within as short a time
as possible an effective improvement in the economic condition of the Tribals;
AND WHEREAS one of the measures to bring about such effective
economic improvement was to protect them from exploitation by certain
unscrupulous elements in society by making any lending made before the
commencement of the Maharashtra Tribals Economic Condition (Improvement)
Ordinance, 1976, invalid and void
 ab initio and by prohibiting private agencies
from lending them anything, and by prohibiting the marketing of certain
agricultural produce in the Tribal areas in the State by private agencies and
by permitting lending only through the State Government and other specified
agencies and by providing suitable alternative arrangement in such areas for
marketing of such produce through the State Government and other specified
agencies; and by providing for matters connected therewith;
AND WHEREAS both Houses of the Legislature of the State were not in
session;
AND WHEREAS the Governor of Maharashtra was satisfied that circum-
stances existed which rendered it necessary for him to take immediate action
for securing the purposes aforesaid; and, therefore, promulgated the
Maharashtra Tribals Economic Condition (Improvement) Ordinance, 1976,
on the 9th day of October 1976;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of
the State Legislature and also to make certain other provisions for the
purposes hereinafter appearing; It is hereby enacted in the Twenty-seventh
Year of the Republic of India as follows :—
1.
(1) This Act may be called the Maharashtra Tribal Economic
Condition (Improvement) Act, 1976.
(2) It extends to the whole of the State of  Maharashtra.
(3) ( a) The provisions of this section, section 2, and sub-sections ( 1)
and (4) of section 4 and other provisions of this Act incidental or ancillary
to these provisions, shall be deemed to have come into force in all the Tribal
areas in the State on the 9th day of October 1976.
Short title,
extent,
2[com-
mencement
and
cessation].
Mah.
Ord.
VIII
of
1976.
1
Mah.
Ord.
VIII
of
1976.
1 For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1976,
Part V, Extra, pp. 623-637.
§ The Maharashtra Ordinance No. VII of 1977 was repealed by Mah. 56 of 1977, s. 9.
† The whole Act, except sections 2, 3 ( b), 5( d) and 7 shall be deemed to have come into
force on 19th September 1977 and sections 2, 3 ( b), 5(d) and 7 have come into force on 23rd
November 1977 [ see section 1 ( 2) of Mah. 56 of 1977].
2 These words were substituted “and commencement” by Mah. 56 of 1977, s. 2( c).
(b) All other provisions of this Act shall be deemed to have come into
force on the 9th day of October 1976, in the first instance, in the Navapur
taluka of the Dhule district and the Melghat taluka of the
Amravati district.
(
c) The State Government may bring 1[into force] the provisions
of this Act which have not come into force under clauses ( a) and (b) of
this sub-section in such Tribal areas and from such date as it may, by
notification in the 
Official Gazette appoint; and different dates may be
appointed for bringing into force different provisions in respect of
different Tribal areas.
2[(
4) (a) Notwithstanding anything contained in clauses ( b) and (c) of
sub-section ( 3), if at any time, the State Government is satisfied that
circumstances exist which render it necessary for the State Government so
to do, the State Government may, by notification in the 
Official Gazette,
direct that all or any of the other provisions of this Act referred to in the
said clauses (
b) and (c) which are deemed to have come into force, or which
are brought into force, in any tribal area shall cease to be in force in that
Tribal area on such date as may be specified in the notification, except as
respects things done or omitted to be done under the said provisions before
such date.
(
b) Where the State Government has directed under clause ( a) of
this sub-section, that any such provisions shall cease to be in force in
any Tribal area, if, at any subsequent time, the State Government is
satisfied that there is a change in the circumstances and it is necessary
so to do, the State Government may, by like notification, direct that all
or any of the provisions which had ceased to be in force shall again come
into force in that Tribal area on such date as may be specified in the
notification.]
2. In this Act, unless the context otherwise requires,—
3[(
a) “agricultural produce” means all produce (whether processedor
not) specified in the Schedule, and includes such other produce (whether
processed or not) of agriculture, horticulture, animal husbandry,
pisciculture and forest as the State Government may, in the interest of
the Tribals, by notification in the 
Official Gazette, from time to time, add
to the Scheduel. The State Government may, in the interest of the Tribals,
by like notification, from time to time, delete any agricultural produce
from the Schedule;]
(
b) “appointed date” means,—
(i) in relation to the areas and the provisions referred
to in clauses (a) and (b) of sub-section ( 3) of section 1, the 9th day of
October 1976; 4* *
(ii) in relation to any other areas in which any of the provisions
of this Act are brought into force under clause (c) of sub-section (3) of
section 1, the date appointed by notification under that clause;
2 The Maharashtra Tribals Economic Condition [1977 : Mah. V
(Improvement) Act, 1976
Definations.
1 These words were inserted by Mah. 56 of 1977, s. 2( a).
2 Sub-section ( 4) was added, ibid., s. 2( b).
3 Clause (a) was substituted for the original, ibid., s. 3( a).
4 The word “and” was deleted, ibid., s. 3( b) (i).
1[(iii) in relation to other provisions referred to in clauses (b) and
(c) of sub-section (3) of section 1, if in any Tribal area all or any of the
said provisions have ceased to be in force and have again been brought
into force under clause (
b) of sub-section 1, then the date specified in
the notification under clause ( b) of sub-section ( 4) of section 1;]
(c) “prescribed” means prescribed by rules made under this Act;
2[(ca) “sale by retail”, in relation to any agricultural produce by
any person means sale of that produce by that person only once in a
day and that too of any quantity therof, whether by weight, measure,
number or otherwise, which does not exceed the limit for retail sale
specified by the Statge Government, from time to time, by notification
in the 
Official Gazette, in relation to that produce, and until such limit
is specified in relation to any such produce, of any quantity thereof,
the sale price of which does not exceed ten rupees, and thecorresponding
expression “purchase by retail” shall be construed accordingly;]
(
d) “ Scheduled Tribes” means such Tribes or Tribal communities or
parts of or groups within, such Tribes or Tribal Communities as are deemed
to be Scheduled Tribes in relation to the State of Maharashtra under article
342 of the Constitution of India; and persons who belong to the Tribes or
Tribal communities, or parts of, or groups within, Tribes or Tribal
communities, specified in Part VII-A, of the Schedule to the Constitution
(Scheduled Tribes) Order, 1950, made under the said article 342, but who
are not residents in the localities specified in that Order and whonevertheless
need the protection of this Act (and it is hereby declared that they do need
such protection) shall, for the purposes of this Act, be treated in the same
manner as members of the Scheduled Tribes;
(
e) “Tribal” means a person belonging to a Scheduled Tribe and
includes his successor in interest who is also a Tribal;
(f) “Tribal area” means the Scheduled areas and such others areas in
the State as the State Government may, from time to time, by notification
in the 
Official Gazette , specify, regard being had to the population of the
Tribals in any such area,  or to the area where steps have been taken or are
proposed to be taken for the improvement of the economic condition of the
Tribals and such other factors as the State Government may think fit;
Explanation.—(1) “Scheduled Areas” means the areas within the State of
Maharashtra declared to be Scheduled Areas by the Scheduled Areas (Part A
States) Order, 1950, or as the case may be, the Scheduled Areas (Part B States)
Order, 1950 (each such order for the time being in force) made under the sub-
paragraph 
(1) of paragraph 6 of the Fifth Schedule to the Constitution of
India;
(2) “population” means the population as ascertained in the last
preceding census of which the relevant figures, whether provisional or
final, have been published;
1977 : Mah. V]
The Maharashtra Tribals Economic Condition 3
(Improvement) Act, 1976
1 Sub-clause (iii) was added, by Mah. 56 of 1977,  s. 3(b) (ii).
2 Clause (ca) was inserted, ibid., s. 3( c).
(g) “Tribal Authority” means the officer appointed for the time being to
be the Tribal Commissioner for the State, and includes any officer appointed
by the State Government to perform the duties of the Tribal Authority
under all or any of the provisions of this Act;
(
h) words and expressions used in this Act but not defined herein shall
have the meanings respectively assigned to them in the Maharashtra Debt
Relief Act, 1975.
3. The provisions of this Act or any rule or order made thereunder shall
have effect notwithstanding anything inconsistent therewith contained in any
enactment other than this Act or any instrument having effect by virtue of
any enactment other than this Act.
4.
(1) Notwithstanding anything contained in any law for the time being
in force or any contract or other instrument having force by virtue of any
such law, any lending, whether in cash or kind, for any purpose whatsoever,
either without any security or on the security of any property, made by any
person to a Tribal before the appointed date, shall be deemed to be invalid and
void 
ab initio, and thereupon the provisions of the Maharashtra Debt Relief
Act, 1975, shall apply to such invalid and void debts as they apply in relation
to debts which are deemed to be wholly discharged under that Act.
Explanation.—For the purposes of this sub-section, “a Tribal” means a
Tribal who is either a marginal farmer, a rural artisan or a rural labourer,
1[and who is not an assessee under the Income-tax Act, 1961, on the appointed
date] or who on the appointed date holds land not more than 9 hectares of
unirrigated land or 3 hectares of perennially irrigated land. Where a Tribal
holds unirrigated land as well as perennially irrigated land, one hectare
of perennially irrigated land shall be considered as equivalent to three
hectares of unirrigated land and 
vice versa.
(2) Notwithstanding anything contained in any law for the time being in
force, no person shall, after the appointed date, lend anything, whether in
cash or in kind, for any purpose whatsoever, to a Tribal either without any
security or on the security of any property or bind down any Tribal to daily
attendance, or to manual labour or to both until the loan is repaid and any
such lending made, on or after the appointed date by any person to a Tribal,
shall be deemed to be invalid and void 
ab initio, and if any such lending is
made on the security of any property, such property shall be forthwith
delivered to the Tribal.
(
3) Unless the claim to the property is disputed, if the property is not
delivered forthwith, the Tribal may request the Commissioner of Police where
there is one, and elsewhere, the District Magistrate or the Superintendent of
Police, to enforce delivery of possession of such property. The Commissioner
of Police, the District Magistrate, or as the case may be, the Superintendent of
Police, shall take or cause to be taken such steps, or use or cause to be used
such force as may be reasonably necessary, for securing delivery of
the possession of the property, to the Tribal.
4
The Maharashtra Tribals Economic Condition [1977 : Mah. V
(Improvement) Act, 1976
Effect of
Act, rules,
etc.,
inconsistent
with other
enactments.
Mah.
III of
1976.
Mah.
III of
1976.
XLIII
of1961.
Lending in
cash or
kind to
Tribals.
1 These words and figures shall be deemed always to have been substituted for the
words, letters and figures, “whose net income from all sources does not exceed Rs. 8,000 per
annum on the appointed date” by Mah. 56 of 1977, s. 4.
Explanation.—For the purposes of this sub-section,—
(a) “the Commissioner of Police” includes an officer not below the rank
of Inspector of Police duly authorised by him;
(b) “the District Magistrate” includes an officer not below the rank of
Tahsildar duly authorised by him; and
(c) “the Superintendent of Police” includes an officer not below the
rank of Sub-Inspector of Police duly authorised by him.
(4) Nothing contained in sub-sections (1) and (2) shall apply to anylending
referred to in those sub-sections made to any Tribal by the State Government,
or any corporation owned or controlled by the State or agent authorised by it
in this behalf, co-operative society or local authority or by any bank.
Explanation.—For the purposes of this sub-section,—
(1) “a co-operative society” means a society registered or deemed to be
registered under the Maharashtra Co-operative Societies Act, 1960;
(2) “a bank” means—
(a) “a banking company as defined in the Banking Regulation Act,
1949;
(b) the State Bank of India constituted under the State Bank of In-
dia Act, 1955;
(c) a subsidiary bank as defined in the State Bank of India
(Subsidiary Banks) Act, 1959;
(d) a corresponding new bank constituted under the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970;
(e) the Regional Rural Bank constituted under the Regional Rural
Banks Act, 1976;
(f) the Agricultural Refinance and Development Corporation
constituted under the Agricultural Refinance and Development
Corporation Act, 1963;
(
g) any other banking institution notified by the CentralGovernment
under section 51 of the Banking Regulation Act, 1949.
5. 1[(1) Notwithstanding anything contained in any law for the time
being in force, but subject to the provisions of this section—
(a) no producer or foregatherer of such agricultural produce in such
Tribal area as the State Government may, by notification in the Official
Gazette, specify (hereinafter referred to as “the specified produce” and “the
specified Tribal area”, respectively), shall, after the appointed date, sellsuch
specified produced in such specified Tribal area, either for cash or in kindor in
any other manner whatsoever, to any person, except to the StateGovernment
or Tribal Authority or agent authorised by the State Government;
1977 : Mah. V] The Maharashtra Tribals Economic Condition 5
(Improvement) Act, 1976
Marketing
and
transport of
specified
agricultural
produce
prohibited.
Mah.
XXIV
of
1961.
1 Sub-section ( 1) was substituted by Mah. 56 of 1977, s. 5( a).
10 of
1949.
23 of
1955.
38 of
1959.
5 of
1970.
21 of
1976.
10 of
1963.
10 of
1949.
(b) no person, except the State Government, Tribal Authority or agent
authorised by the State Government, shall purchase from the producer or
foregatherer any specified produce in any specified Tribal area.]
(
2) The State Government or the Tribal Authority may by order in
writing open collection centres in the specified Tribal area for collecting
thereat the specified produce for the purpose of their marketing. The State
Government or the Tribal Authority shall publish such order for the
information of the public in such manner as it thinks fit.
(
3) Where 1[any producer or foregatherer] wishes to sell any specified
produce within the specified Tribal area under the provisions of this Act, he
shall tender all such specified produce only at the collection centre opened
for the purpose under sub-section (
2).
2[(4) Nothing in sub-section (1) shall apply to any sale by retail by any
producer or foregatherer of any specified produce in any specified Tribal
area or to any purchase by retail by any person from any producer or
foregatherer of such produce in such area.]
(
5) When any agricultural produce is notified in relation to any
specified Tribal area under sub-section ( 1), no person other than the State
Government,Tribal Authorityor agent 3[authorisedby the State Government]
in this behalf shall, except with the previous permission of the State
Governmentor the TribalAuthorityor any officeror otherpersonauthorisedby
the State Government, transport or attempt to transport any such specified
produce from such Tribal area to any place outside such area, or 
vice versa.
6. (1) The State Government may, for the purpose of purchase or sale of
any specified produce in any specified Tribal area, by order appoint agents, in
respect of such Tribal area specified in the order. Such agents or their
sub-agents shall be either co-operative societies registered or deemed to be
registered under any law relating to such societies for the time being in force
in the State or any corporation or institution or organisation owned, con-
trolled or financed by any Government or such co-operative society.
(
2) The terms and conditions for appointment of agents and sub-agents
shall be such as may be determined by the State Government, from time
to time.
7. (
1) The State Government or its agents authorised by it in this
behalf, shall, in respect of any specified produce, fix the price at which such
produce shall be purchased by, or on behalf of, the State Government, in any
specified Tribal area or part thereof and shall publish the same in such
manner as the State Government may determine :
6
The Maharashtra Tribals Economic Condition [1977 : Mah. V
(Improvement) Act, 1976
Appoint-
ment of
agents.
Power of
State
Govern-
ment or of
its agents to
fix purchase
price of
specified
produce.
1 These words were substituted for the words “any person”, by Mah. 56 of 1977,  s. 5( b).
2 Sub-section ( 4) was substituted, ibid., s. 5( c).
3 These words were substituted for the words “authorised by it”, ibid., s. 5 ( d).
Provided that prices may be fixed or revised, from time to time, periodically
or when considered necessary, and different prices may be fixed for different
produce or any quality or variety thereof in different specified Tribal areas or
parts thereof and in doing so, regard shall be had, amongst other things, to—
(
a) the price of the specified produce determined on the recommenda-
tions of the Agricultural Prices Commission established by the Govern-
ment of India;
(
b) the quality of the specified produce grown in that specified Tribal
area or any part thereof; and
(c) such other factors as the circumstances of each case may require.
(2) When the prices are fixed or revised by the agents, they shall also
comply with the guidelines issued in this behalf by the State Government,
from time to time.
(
3) Nothing in sub-sections ( 1) and ( 2) shall affect the price fixed in
respect of any agricultural produce (being a specified produce) under any
order made under section 3 of the Essential Commodities Act, 1955,
requiring persons holding in stock such agricultural produce to sell it to the
State Government at a specified price.
8. (
1) The State Government, Tribal Authority or the agent authorised
by the State Government in this behalf shall be bound to purchase at the price
fixed under section 7 any specified produce offered for sale in the specified
Tribal area.
(
2) On purchasing the specified produce under sub-section (1), the State
Government shall make all suitable arrangements for their storage in the
specified Tribal area or without such area, and for the sale of such produce
in any such area at such price as such produce may fetch in the openmarket
in any such area; and for that purpose it may take or cause to be taken such
steps as it may consider suitable in the circumstances of each case.
9. (
1) Where the marketing of any specifed agricultural produce in any
specified Tribal area is prohibited under section 5 of this Act, and such Tribal
area forms part of a market area under the Maharashtra Agricultural Produce
Marketing (Regulation) Act, 1963 (hereinafter in this section referred to as
“the said Act”) then,—
(
a) except as otherwise specifically provided in this Act, themarketing
of specified produce in the specified Tribal area shall be subject to the
supervision and control of the Market Committee established for such
market area under the said act, and for that purpose, the Market
Committee may, subject to the direction, control and instructions, if
any, of the State Government, exercise such powers and perform such
duties and discharge such functions as may be provided by or under
the said Act;
1977 : Mah. V]
The Maharashtra Tribals Economic Condition 7
(Improvement) Act, 1976
State
Govern-
ment, Tribal
Authority
or agent to
purchase
and sell
specified
produece.
10 of
1955.
Mah.
XX of
1964.
Operation
of Mah. XX
of 1964 in
specified
Tribal areas.
J-1072—2
(b) after the expiry of three months from the appointed date, except
as provided by sub-section ( 4) of section 5, no person shall, with a view
to protecting the interests of Tribals, market any agricultural produce
in the specified Tribal area or operate therein as trader in respect of any
such produce unless he is registered in such manner as may be
prescribed;
(
c) if a specified Tribal area falls within the jurisdiction of more than
one Market Committee, then such Market Committee as the State
Government may if it is expedient so to do, by order in writing specify
in this behalf, shall alone operate under this section in such specified
Tribal area.
(
2) Every person registered under clause ( b) of sub-section ( 1) shall
furnish to the Tribal Authority such information and returns and within
such  period regarding the agricultural produce marketed by him in the
specified Tribal area as may be prescribed.
10. [Price Fluctuation Fund.] 
Deleted by Mah.56 of 1977, s. 6.
11. (1) Any police officer not below the rank of Sub-Inspector or any
other person authorised by the state Government may, with a view tosecuring
compliance with the provisions of this Act or the rules or orders made
thereunder or to satisfying himself that the said provisions have been
complied with—
(
i) stop and search any person, animal, vehicle, vessel or receptacle
used or intended to be used for the transport of any agricultural
produce;
(
ii) enter and search any premises;
(iii) seize agricultural produce in respect of which he has reason
to believe that any provision of this Act or the rules or orders made
thereunder has been, is being, or about to be, contravened along with
the receptacle containing such produce or the animal, vehicle or vessel
used in carrying such produce.
(
2) Any search or seizure made under this section, shall be made in
accordance with the provisions of the Code of Criminal Procedure, 1973.
12. (
1) Any person, who in contravention of the provisions of sub-
section (2) of section 4, lends anything as provided in that sub-section, to a
Tribal, shall on conviction, be punished with imprisonment for a term which
may extend to three years or with fine which may extend to five thousand
rupees or with both.
(
2) If any person, in contravention of the provisions of section 5, whether
knowingly, intentionally or otherwise, markets any specified produce in
8 The Maharashtra Tribals Economic Condition [1977 : Mah. V
(Improvement) Act, 1976
Power of
entry,
search,
seizure, etc.
2 of
1974.
Offences
and
penalties.
any specified Tribal area or transport or attempts to transport anyspecified
produce from any Tribal area to any place outside such area or vice versa,—
(a) he shall, on conviction, be punished—
(i) for the first offence, with imprisonment for a term which may
extend to one year or with fine which may extend to two
thousand rupees, or with both;
(
ii) for the second or subsequent offence, with imprisonment for a
term which may extend to two years or with fine which may
extend to five thousand rupees, or with both;
(
b) any property in respect of which the provisions of section 5 have
been contravened or such part thereof as the Court may deem fit,including
any packages, coverings or receptacles in which the property is found
and any animal, vehicle, vessel or other conveyance used in carrying the
property, shall be forfeited to the State Government;
Provided that, if the Court is of the opinion that it is not necessary
to direct forfeiture in respect of the whole, or as the case may be, any part
of the property or any packages, coverings or receptacles or any animal,
vehicle, vessel or other conveyance, it may, for reasons to be recorded,
refrain from doing so.
(
3) Any person who in contravention of the provisions of clause ( b)
of sub-section ( 1) of section 9 fails to register himself, or fails to furnish
information or returns under sub-section ( 2) of that section shall,
on conviction, be punished with imprisonment for a term which may extend
to three months or with fine which may extend to one hundred rupees or
with both.
13. (
1) No Court shall take cognizance of any offence punishable under
this Act except with the previous sanction of the State Government or any
officer authorised by it in this behalf.
(
2) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, all offences punishable under this Act shall be cognizable
and bailable.
14. (
1) If the State Government is of opinion that having regard to any
of the purposes of this Act, the enforcement of certain provisions thereof, in
any specified Tribal area is 1** inexpedient for a certain time in relation to any
specified produce, the State Government may, by notification in the 
Official
Gazette, suspend in relation to such specified produce and in the specified
Tribal area for such period or periods as may be 1** expedient and as may be
specified in the notification, the operation of those provisions; and thereupon,
those provisions shall stand suspended, in such Tribal area in relation to such
specified produce except as respect things done or omitted to be done before
the date of publication of the notification.
(
2) Where the operation of the provisions of this Act is suspended in
relation to any specified produce in any specified Tribal area for any period
or periods specified in the notification under sub-section (
1), and the State
1977 : Mah. V] The Maharashtra Tribals Economic Condition 9
(Improvement) Act, 1976
Cognizance
of offence,
etc.
2 of
1974.
Power to
suspend
operation of
provisions
of this Act.
1 The words “unnecessary or” and “necessary or”, respectively, were deleted by Mah. 56
of 1977, s. 7(a).
Government 1**at any time before the expiry of such specified period or
periods is of opinion 2[that it is expedient to revise and enforce these
provisions] (or any of them) again in relation to any specified produce in
such specified Tribal area, the State Government may cancel partially or
wholly any such notification of suspension by a like notification; and
thereupon, those provisions which were suspended and which are revived
shall again have full effect in relation to the specified produce in such
specified Tribal area from the date of publication of the second notification.
(
3) The suspensation of the operation of any provision under sub-
section (1) shall not affect those provisions which are not suspended; and
in respect of any specified produce already tendered before the period of
suspension (or which may be voluntarily tendered during the period of
suspension) at the place notified or any other place specified by the State
Government in that behalf, all the provisions of this Act shall continue to
apply or apply therto as if none of the provisions had been suspended.
15. The State Government may, by notification in the 
Official Gazette,
direct that any power (other than the power to suspend operation ofprovisions
of this Act under section 14 or the power to make rules under section 18)
exercisable by it under this Act or the rules or orders made thereunder, may
be exercised also by the Tribal Authority or by any officer of the State
Government not below such rank as may be specified in the notification,
subject to such conditions, if any, as may be specified therin.
16. No suit , prosecution or other proceedings shall lie against the State
Government or Tribal Authority or agent or officer or other person authorised
by the State Government for anything which is in good faith done or intended
to be done under this Act or any rules or orders made thereunder.
17. Every officer or agent of the State Government and every servant
or sub-agent of such agent acting under the provisions of this Act shall be
deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code.
18. (
1) The State Government may, by notification in the Official
Gazette, make rules to carry out the purposes of this Act. Such rules may
provide for levying fees for any of the purposes of this Act and for refund
thereof.
(
2) All rules made under this Act shall be subject to the condition of
previous publication, except when such rules are made for the first time.
(3) Every rule made under this Act, shall be laid as soon as may be
after it is made before each House of State Legislature while it is in session,
for a total period of thirty days which may be comprised in one session or in
10
The Maharashtra Tribals Economic Condition [1977 : Mah. V
(Improvement) Act, 1976
Delegation
of powers.
45 of
1860.
Indeminity.
Every officer,
agent or his
servant or
sub-agent to
be public
servant.
Rules.
1 The words “thereafter or” were deleted by Mah. 56 of 1977,  s. 7( b)(i).
2 These words were substituted for the portion beginning with the words “that those
provisions” and ending with the words “and enforced them”, ibid., s. 7( b)(ii).
1977 : Mah. V] The Maharashtra Tribals Economic Condition 11
(Improvement) Act, 1976
Repeal of
Mah. Ord.
VIII of 1976
and savings.
Mah.
Ord.
VIII
of
1976.
two successive sessions, and if, before the expiry of the session in which it is
so laid or the session immediately following, both Houses agree in making
any modification in the rule or both Houses agree that the rule should not
be made, and notify such decision in the 
Official Gazette, the rule shall,
from the date of publication of such notification, have effect only in such
modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done or omitted to be done under that rule.
19. (
1) The Maharashtra Tribal Economic Condition (Improvement) Or-
dinance, 1976, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
(including any appointment or authorisation made or any notification or
order issued) under the Ordinance so repealed shall be deemed to have been
done, taken, made or issued, as the case may be, under the corresponding
provisions of this Act.
1[SCHEDULE]
[
See section 2 (a)]
1. Wheat 13. Masur.
2. Paddy (husked and unhusked). 14. Groundnut (unshelled).
3. Jowar. 15. Linseed.
4. Bajri. 16. Sesamum.
5. Nagli. 17. Castor seed.
6. Vari. 18. Nigar seed.
7. Red Chillies. 19. Hilda.
8. Tur. 20. Gum.
9. Gram. 21. Lac.
10. Udid. 22. Mahua flower and seeds.
11. Mung. 23. Grass and fodder.
12. Val. 24. Charoli.
1 This Schedule was substituted for the original by Mah. 56 of 1977, s. 8.
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