LexThe Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1975 : Mah. XIV] 1
THE MAHARASHTRA RESTORATION OF LANDS TO SCHEDULED
TRIBES ACT, 1974
[Text as on 23rd November 2023]
—————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Restoration of transfer of lands to Tribals in certain cases.
4. Restoration of lands of persons belonging to Scheduled Tribes.
5. Damages for occupation of land in certain cases.
5A. Lands which cannot be restored to vest in Government and to be granted to other Tribal
subject to certain restrictions.
6. Appeal.
7. Revision.
8. Court-fee.
9. Finality of decision or order of Collector and decision of Revenue Tribunal.
9A. Pleaders, etc., excluded from appearance.
10. Bar of jurisdiction of civil court or authority.
10A. Powers for restoration of possession of land and of eviction of person in possession.
11. Power to make rules.
2 The Maharashtra Restoration of Lands to Scheduled [1975 : Mah. XIV
Tribes Act, 1974
1975 : Mah. XIV] The Maharashtra Restoration of Lands to Scheduled 3
Tribes Act, 1974
LIST OF AMENDMENT ACTS
1. Amended by Mah. 12 of 1977 (19-3-1977)
2. Amended by Mah. 30 of 1977 (16-8-1977)
3. Amended by Mah. 57 of 1977
4. Amended by Mah. 1 of 1991 1(1-1-1991)
5. Amended by Mah. 43 of 2011 (6-4-2004)
1 Section 7 of Mah. 1 of 1991 reads as under :—
“7. Initiation of proceedings for restoration of lands to tribal transferor. — For the removal of doubt it is hereby
declared that, notwithstanding anything contained in any law for the time being in force, or any judgement or decre e or
order of any Court, Tribunal or authority, where the Collector had not initiated suo motu proceedings or a tribal
transferor, had not made any application during the period specified in section 36 or 36A of the said Code or section 3 or
4 of the princ ipal Act, as they stood prior to amendments made by this Act, for restoration of land under the provisions
aforesaid, it shall be competent for the Collector to suo motu initiate any proceedings, or for the tribal-transferor to make
an application, under the provisions of the said Code or the principal Act, as amended by this Act; for restoration of land
to the tribal transferors.”
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
[1975 : Mah. XIV The Maharashtra Restoration of Lands to Scheduled 4
Tribes Act, 1974
[1975 : Mah. XIV The Maharashtra Restoration of Lands to Scheduled 5
Tribes Act, 1974
MAHARASHTRA ACT No. XIV OF 19751
[THE MAHARASHTRA RESTORATION OF LANDS TO SCHEDULED TRIBES ACT, 1974.]
[This Act received assent of the President on the 28th April 1975 ; assent was first published in the
Maharashtra Government Gazette, Part IV, Extraordinary on the 28th May 1975.]
An Act to provide for the restoration of certain lands to persons belonging
to the Scheduled Tribes.
WHEREAS by Government Resolution in the Revenue and Forests Department, No. REV.
1070/62448-C, dated the 15th March, 1971, the Government of Maharashtra appointed a Committee to
inquire into and report to the State Government inter alia on how far the provisions of the Maharashtra
Land Revenue Code, 1966 (Mah. XLI of 1966) , and the relevant tenancy laws have been effective in
giving protection to persons belonging to Scheduled Tribes, and to suggest among other things suitable
amendments therein, if any of the existing provisions are found to be inadequate ;
AND WHEREAS the said Committee submitted its report to Government on the 7th April 1972 ;
AND WHEREAS the said Committee inter alia recommended that provisions should be made for
restoring to persons b elonging to Schedule Tribes the lands which have been duly transferred to other
persons ;
AND WHEREAS after considering the aforesaid recommendation of the said Committee, the
Government of Maharashtra is of the opinion that steps should be taken forthwit h for restoring certain
lands to persons belonging to Scheduled Tribes ; It is hereby enacted in the Twenty -fifth Year of the
Republic of India as follows :—
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra
Restoration of Lands to Scheduled Tribes Act, 1974 (Mah. XLI of 1966).
(2) It shall extend to the whole of the State of Maharashtra.
(3) It shall come into force on such date 2 as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— (1) In this Act, unless the context requires otherwise,—
(a) “Code” means the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966);
(b) “Collector” includes an Additional Collector, and an Assistant or Deputy Collector
exercising the powers or discharging the duties of a Collector under the Code and also any other
officer not below the rank of 3[a Tahasildar] especially empowered by the State Government to
exercise the powers and perform the duties of the Collector under this Act ;
(c) “Commissioner” includes an Additional Commissioner ;
(d) “improvements” in relation to land means any drainage works, embankments,
Bandharas, wells or any other works appurtenant to such land constructed or maintained thereon
for the purposes of agriculture, and all structures, permanent fixtures and trees on such land ;
(e) “non-Tribal” means a person who is not a Tribal and includes his successor-in-interest ;
(f) “prescribed” means prescribed by rules made under this Act ;
(g) “relevant tenancy law” means—
(i) in relation to the Vidarbha region of the State, the 4Bombay Tenancy and
Agricultural Lands (Vidarbha Region) Act, 1958 (Bom. XCIX of 1958),
1 For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1974, Part V, page 960.
2 1st November 1975 (vide G.N., R. & F.D., No. REV. 1074/62448(II)-L-9, dated 1st November 1975).
3 These words were substituted for the words “an Assistant or Deputy Collector” by Mah. 12 of 1977, s. 3.
4 The short title of the Act has been amended as “The Maharashtra Tenancy and Agricultural Lands (Vidarbha Region)
Act” by Mah. 24 of 2012, Sections 2 and 3, Schedule, entry 72, w.e.f. 1-5-1960.
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Tribes Act, 1974
(ii) in relation to the Hyderabad area of the State, the Hyderabad Tenancy and
Agricultural Lands Act, 1950 (Hyd. XXI of 1950), and
(iii) in relation to the rest of the State, the 1Bombay Tenancy and Agricultural Lands
Act, 1948 (Bom. LXVII of 1948);
(h) “successor-in-interest” means a person who acquires interest in land by testamentary
disposition or devolution on death ;
(i) “transfer” in relation to land means the transfer of land belonging to a tribal made in
favour of a non -tribal during the period commencing on the 1 st day of April 1957 and ending on
the 6th day of July 1974, either—
(a) by act of parties, whether by way of sale, gift, exchange, mortgage or lease or any
other disposition made inter-vivos, or
(b) under a decree or order of a Court, or
(c) for recovering any amount of land revenue due from such Tribal, or for recovering
any other amount due from him as an arrear of land revenue, or otherwise under the
Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) or any other law for
the time being in force but does not include a transfer of land falling under the proviso to
sub-section (3) of section 36 of the Code; and the expressions, “Tribal-transferor” and “non-
Tribal-transferee” shall be constructed, accordingly ;
(j) “Triba l” means a person belonging to a Scheduled Tribe within the meaning of the
Explanation to section 36 of the Code, and includes his successor-in-interests ;
(k) “Tribal-transferor” includes his successor-in-interest ;
(l) “non-Tribal-transferee” includes his successor-in-interest; and if he or his successor has,
on or after the 15 th day of March 1971, transferred land in favour of any person, whether a Tribal
or non-Tribal, includes also such persons.
(2) Words and expressions used in this Act but not def ined shall have the meaning respectively
assigned to them in the Code or, as the case may be, in the relevant tenancy law.
3. Restoration of transfer of lands to Tribals in certain cases.— (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 6 th 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 o r authority, the Collector either suo motu at any time, or on the
application of a Tribal -transferor, made, 2[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 amou nt determined
under clause (b) of sub-section (4) :
1 The short title of the Act has been amended as “The Maharashtra Tenancy and Agricultural Lands Act” by Mah. 24 of
2012, Sections 2 and 3, Schedule, entry 33, w.e.f. 1-5-1960.
2 These words were substituted for the words “within thirty years from the commencement of this Act” by Mah. 43 of
2011, s. 4.
1975 : Mah. XIV] The Maharashtra Restoration of Lands to Scheduled 7
Tribes Act, 1974
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.
1[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.]
2[(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 th e 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 exchang e 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 exc hange, 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, notwithsta nding 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
1 This Explanation shall be deemed always to have been added by Mah. 57 of 1977, s. 2 (a).
2 Sub-section (1A) was inserted by Mah. 57 of 1977, s. 2(b).
8 The Maharashtra Restoration of Lands to Scheduled [1975 : Mah. XIV
Tribes Act, 1974
by the non -Tribal-transferee is found to be more, the differenc e shall be payable by the Tribal -
transferor to the nonTribal-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 l and or
the amount of consideration paid by the non -Tribaltransferee 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 4½ per cent. per annum) as the Collector may direct.
(d) The Tribal -transferor, to whom land is restored 1[under clause (ii) of subsection ( 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 4½ 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 to tal 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 -Tribaltransferee 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 ar rears of two or more instalments, the amount so remaining
unpaid (with interest thereon at 4½ 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.
4. Restoration of lands of persons belonging to Scheduled Tribes. — Where any land of a
Tribal is, at any time on or after the 1st day of April 1957 and before the 6th day of July 1974, purchased
1 This was deemed always to have been substituted for the words, brackets and figures “ under clause ( i) of sub-section (1)
” by Mah. 30 of 1977, s. 4.
1975 : Mah. XIV] The Maharashtra Restoration of Lands to Scheduled 9
Tribes Act, 1974
or deemed to have been purchased or acquired under or in accordance with the provisions of the
relevant tenancy law by a non -Tribal-transferee or where any acquisition has been regularised on
payment of penalty un der such law and such land is in possession of a non -Tribal transferee and has
not been put to any non -agricultural use on or before the 6 th day of July 1974, then the Collector shall,
notwithstanding anything contained in any law for the time being in for ce, either suo motu at any time
or on an application by the Tribal made 1[within thirty years from the 6 th July 2004] and after making
such inquiry as he thinks fit, direct that the land shall, subject to the provisions of sub -section (4) of
section 3, be restored to the Tribal free from all encumbrances and that the amount of purchase price or
a proportionate part thereof, if any, paid by such non -Tribal-transferee in respect of such lands in
accordance with the relevant tenancy law shall be refunded to su ch non-Tribal-transferee either lump
sum or in such annual instalments not exceeding twelve (with simple interest at 4½ per cent. per
annum) as the Collector may direct. The provisions of clauses ( d), (e), (f) and (g) of sub-section (4) of
section 3 shall, so far as may be, apply in relation to the recovery of the amount from the Tribal and
payment thereof to the non-Tribal-transferee and the persons claiming encumbrances, if any :
Provided that, where land is purchased or acquired by a non -Tribal-transferee before the 6 th 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 purchased or acquired shall be restored to the Tribal -
transferor.
5. Damages for occupat ion of land in certain cases. — (1) A non -Tribal-transferee who after
the land is ordered to be restored under clause (ii) of sub-section (1) of section 3 or under section 4 2[or
after the land is vested in the State Government under sub-section (1) of section 5A,] continues to be in
possession of the land, then the non-Tribal-transferee shall pay to the Tribal 3[in the former case and to
the State Government in the latter case] for the period (from the year following the year in which the
land is ordered to be restored to the Tribal) till possession of the land is given to the Tribal 4[or, as the
case may be, to the State Government], such amount for the use and occupation of the land as the
Collector may fix in the prescribed manner.
(2) If the non -Tribal-transferee fails to pay the amount fixed by the Collector under sub -section
(1), it shall be recoverable by the Collector as an arrear of land revenue.
5[5A. Lands which cannot be restored to vest in Government and to be granted to other
Tribal subject to certain restrictions. — (1) Where any land (not being land acquired in exchange),
which is liable to be res tored to a Tribal -transferor under sub -section ( 1) of section 3 cannot be so
restored either on account of the failure of the Tribal -transferor to give an undertaking referred to in
sub-section (3) of section 3 or for any reason whatsoever or where any lan d referred to in section 4
cannot be restored to the Tribal by reason of such Tribal expressing, during the inquiry held by the
Collector, his unwillingness to refund the purchase price or proportionate part thereof to the non -
Tribal-transferee, as require d by the said section 4, or for any other reason, then, the Collector may,
subject to rules, if any, made in that behalf, by order in writing direct that the land shall, with effect
from the date of the order, be deemed to have been acquired and vest in th e State Government free
from all encumbrances.
(2) On such vesting of the land, the non -Tribal-transferee shall be entitled to receive from the
State Government an amount equal to 48 times the assessment of the land, plus the value of the
improvements, if any, made by the non -Tribal-transferee therein. The provisions of clauses ( b) and (c)
of sub-section (4) of section 3 shall mutatis mutandis apply for determining the value of improvements
and for apportionment of the encumbrances, if any, on the land bet ween the non-Tribal-transferee and
the persons claiming encumbrances on the land.
(3) The land so vested in the State Government under sub-section (1) shall, subject to any general
or special orders of the State Government in that behalf, be granted by the Collector to any other Tribal
1 These words were substituted for the words “within thirty years from the comm encement of this Act” by Mah. 43 of
2011, s. 5.
2 These words were deemed always to have been inserted by Mah. 30 of 1977, s. 5 (a).
3 ` These words were deemed always to have been inserted by Mah. 30 of 1977, s. 5 (b).
4 These words were deemed always to have been inserted by Mah. 30 of 1977, s. 5 (c).
5 Section 5A was deemed always to have been inserted by Mah. 30 of 1977, s. 6.
10 The Maharashtra Restoration of Lands to Scheduled [1975 : Mah. XIV
Tribes Act, 1974
residing in the village in which the land is situate or within five kilometres thereof and who is willing
to accept the land in accordance with the provisions of the Code, and the rules and orders made
thereunder and to unde rtake to cultivate the land personally ; so however, that total land held by such
Tribal whether as owner or tenant does not exceed an economic holding within the meaning of sub -
section (6) of section 36A of the Code.
(4) The person to whom land is granted under sub-section (3), shall pay to the State Government
the amount referred to in sub -section ( 2), either in lump sum or in such annual instalments not
exceeding twelve (with simple interest at 4½ per cent. per annum) as the Collector may direct and shall
hold the land subject to such terms and conditions as may be prescribed.
(5) Without the previous sanction of the Colle ctor, no land granted under sub -section (3) shall be
transferred, whether by way of sale (including sale in execution of a decr ee of a Civil Court or of an
award or order of a competent authority) or by way of gift, mortgage, exchange, lease or otherwise.
Such sanction shall not be given otherwise than in such circumstances and on such conditions
including condition regarding paym ent of premium or nazarana to the State Government, as may be
prescribed :
Provided that, no such sanction shall be necessary where the land is to be leased by a serving
member of the armed forces or where the land is to be mortgaged as provided in sub -section (4) of
section 36 of the Code for raising a loan for effecting any improvement on such land.
(6) If sanction is given by the Collector to any transfer under sub -section (5), subsequent transfer
of the land shall also be subject to the provisions of sub-section (5).
(7) Any transfer of land, and any acquisition t hereof, in contravention of sub -section (5) or (6),
shall be invalid; and as a penalty therefor, any right, title or interest of the transferor and transferee in
or in relation to such land sh all, after giving him an opportunity to show cause, be forfeited by the
Collector ; and the land together with the standing crops thereon, if any, shall without further assurance
vest in the State Government and shall be disposed of in such manner as the S tate Government may,
from time to time direct.]
6. Appeal. — (1) An appeal against any decision or order passed by the Collector may,
notwithstanding anything contained in the Code, be made to the Maharashtra Revenue Tribunal
constituted under the Code.
(2) Every such appeal shall be made within a period of sixty days from the date of receipt of the
decision or order of the Collector. The provisions of sections 4, 5, 12 and 14 of the Limitation Act,
1963 (XXXVI of 1963), shall apply to the filing of such appeal.
(3) In deciding an appeal under sub -section (1), the Maharashtra Revenue Tribunal shall exercise
all the powers which a Court has subject to the regulations framed by that Tribunal under the Code and
follow the same procedure which a Court follows, in deciding appeals from the decree or order of an
original Court under the Code of Civil Procedure, 1908 (V of 1908).
7. Revision.— Where no appeal has been filed within the period provided by sub -section (2) of
section 6, the Commissioner may suo motu or on the direction of the State Government at any time—
(a) call for the record of any inquiry or proceeding of any Collector for the purpose of
satisfying himself as to the legality or propriety of any order passed by, and as to the regularity of
the proceedings of, such Collector, as the case may be, and
(b) pass such order thereon as he thinks fit :
Provided that no such record shall be called for after the expiry of three years from the date of
such order except in cases where directions ar e issued by the State Government; and no order of the
Collector shall be modified, annulled or reversed unless opportunity has been given to the interested
parties to appear and be heard.
8. Court-fee.— Notwithstanding anything contained in the Bombay Court-fees Act, 1959 (Bom.
XXXVI of 1959), every appeal before the Maharashtra Revenue Tribunal or application under this Act
shall bear a Court-fee stamp of such value as may be prescribed.
1975 : Mah. XIV] The Maharashtra Restoration of Lands to Scheduled 11
Tribes Act, 1974
9. Finality of decision or order of Collector and decision of Rev enue Tribunal. — Every
decision or order passed by the Collector under this Act, subject to an appeal to the Maharashtra
Revenue Tribunal under section 6, and the decision of the Maharashtra Revenue Tribunal in appeal
shall be final and conclusive and shall not be questioned in any suit or proceedings in any Court.
1[9A. Pleaders, etc., excluded from appearance.— Notwithstanding anything contained in this
Act or any law for the time being in force, no pleader shall be entitled to appear on behalf of any pa rty
in any proceedings under this Act before the Collector, the Commissioner or the Maharashtra Revenue
Tribunal :
Provided that, where a party is a minor or lunatic, his guardian may appear, and in the case of any
other person under disability, his authorised agent may appear, in such proceedings.
Explanation.—For the purpose of this section, the expression ‘pleader’ includes an advocate,
vakil or any other legal practitioner.]
10. Bar of jurisdiction of civil Court or authority. — No civil Court shall have jurisdiction to
settle, decide or deal with any question which under this Act is required to be decided or dealt with by
the Collector, the Commissioner, the Maharashtra Revenue Tribunal or the State Government.
2[10A. Powers f or restoration of possession of land and of eviction of person in
possession.— Notwithstanding anything contained in section 5 or any other provision of this Act or in
any other law for the time being in force, where possession of any land is to be restore d to any Tribal-
transferor or non -Tribal-transferee under any provision of this Act, it shall always be lawful for the
Collector to evict any person not entitled to possession of the land, or any person wrongfully in
possession thereof, at any time, in the manner provided in section 242 of the Code.]
11. Power to make rules. — (1) The State Government may, by notification in the Official
Gazette and subject to the condition of previous publication, make rules for carrying into effect the
purposes of this Act. Such rules may provide for procedure for inquiries and for levying fees for any of
the purposes of this Act for which specific provision for fees has not been made.
(2) Every rule made under this Act shall be laid as soon as may be after it is made be fore each
House of the State Legislature while it is in session for a total period of thirty days which may be
comprised in one session or in 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.
1 Section 9A was inserted by Mah. 12 of 1977, s. 4.
2 Section 10A was inserted by Mah. 57 of 1977, s. 3.