Maharashtra Land Revenue Code and other laws in force in the State it is considered necessary to provide for restoration of the lands (Tribal) which have gone into the hands of non Tribals to their original Tribal owners

The impugned Act is supplemental or incidental to the Maharashtra Land Revenue Code, 1966 and the relevant tenancy laws viz. the Bombay Tenancy & Agricultural Lands (Vidarbha Region) Act, 1958 in relation to the Vidarbha region of the State, the Hyderabad Tenancy & Agricultural Lands Act, 1950 in relation to the Hyderabad region of the State and the Bombay Tenancy & Agricultural Lands Act, 1948 in relation to the rest of the State.

Similar measures have been undertaken by different States placing restrictions on transfer of lands by members of Scheduled Castes and Tribes for the implementation of the Directive Principles of States Policy enshrined in Art. 46 of the Constitution which enjoins that "the State shall promote with special care the educational and economic interests of the weaker sections of the people and in particular of the Scheduled Castes and Tribes and shall protect them from social injustice and all forms of exploitation"

Before dealing with the contention raised, it would be convenient to deal with the legislative history. By a Government Resolution in the Revenue & Forest Department, the State Government appointed a Committee to inquire into and report the State Government inter alia on how for the provisions of the Maharashtra Land Revenue Code, 1966 and the relevant tenancy law had 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 were found to be inadequate. The said Committee by its Report to the Government dated April 7, 1972 drew the attention of the State Government to the difficulties experienced in the administration of the provision contained in s 73 of the Bombay Land Revenue Code, 1897 (in Western Maharashtra) and the analogous provisions in the Madhya Pradesh Land Revenue Code, 1954 (in Vidarbha) and the Hyderabad Land Revenue Act, 1317F (in Marathawada) which are now replaced by s.36 of the Maharashtra Land Revenue Code, 1966. According to sub-s.(2) of s.36, occupancies of persons belonging to such Scheduled Tribes as had been notified by Government, and in the parts of the State notified by Government, could not be transferred except with the previous sanction of the Collector. The intention of the Legislature in making this provision was that this weaker section of the community should not become landless and that persons belonging to the amount and powerful sections should not be allowed to take undue advantage of the situation. However, inspite of this provision and provisions of the earlier Land Revenue laws, these were not found sufficient and persons belonging to the Scheduled Tribes because of their poverty, lack of education and general backwardness had been exploited by various persons who could take advantage of the sad plight of these poor persons depriving them of their lands. The said Committee accordingly recommended inter alia that provision should be made for restoring to persons belonging to Scheduled Tribes the lands which had been duly transferred to other persons. After considering the aforesaid recommendation of the said Committee, the State Government were of the opinion that steps should be taken forthwith for restoring certain lands to persons belonging to Scheduled Tribes.

Broadly stated, such illegal transfers fell into two categories, namely: (1) occupancy holdings had been transferred to persons not belonging to Scheduled Tribes by the Collector or the Sub Divisional officer on the ground that occupancy holdings were allowed to be transferred to persons not belonging to Scheduled Tribes. This was in clear violation of the provisions of s. 3 (2) of the Maharashtra Land Revenue Code. (2) The lands were first allowed to be leased out to persons not belonging to Scheduled Tribes by the Collector or the Sub-Divisional officer on the ground that members of the Scheduled Tribes holding such lands were unable to cultivate them personally due to sickness or otherwise. Later on, taking advantage of the provisions of the Bombay Tenancy & Agricultural Lands Act, 1948, such transferees applied to the Tenancy Courts for purchase of the holdings on the ground that they were in cultivating possession on April 1, 1957 i.e. On "the tillers' day" The Committee accordingly recommended that necessary legislation be undertaken for restoration of lands to such Scheduled Tribes which had been transferred whether by way of sale, gift, mortgage or any other disposition made or had gone into the possession of members not belonging to Scheduled Tribes under a decree or order of a Court on or after April 1, 1957. It would therefore appear from the Report that the provisions contained in the relevant Land Revenue laws were not found sufficient to help the members of the Scheduled Tribes whose ignorance and poverty had been exploited by persons belonging to the affluent and powerful sections to obtain sales or mortgages either for a nominal consideration or for no consideration at all and they had become the victims of circumstances.

The Statement of objects and Reasons accompanying the Bill is as follows:

"It was noticed that in a number of cases lands previously held by persons belonging to Scheduled Tribes have A been transferred to non-Tribals as a result of purchases made or deemed to have been made under the Tenancy Laws or as a result of transfers (including exchanges) validly effected after 1st April, 1957 under the provisions of the Maharashtra Land Revenue Code, 1966 or other laws in force in the State. After examining the recommendation of the Committee appointed by Government to examine the difficulties experienced by the Tribal land. holders in the administration of certain provisions of the Maharashtra Land Revenue Code and other laws in force in the State it is considered necessary to provide for restoration of the lands which have gone into the hands of non Tribals to their original Tribal owners. The bill seeks to achieve this object".