17 October 2012
With due regards to you both, this is not the answer i am expecting. I have searched all over but did not find the meaning of term "tribal land". Is it the land originally given by Government to tribal i.e. a type of inami land.? or is the whatever land possessed by tribal.?
17 October 2012
i think the foll will put light for what you want
Maharashtra has a number of laws, such as the Maharashtra Land Revenue Code, 1966, that prohibit the transfer of tribal land without prior permission of the District Collector. As the Maharashtra Land Revenue Code, 1966 failed, the government of Maharashtra enacted Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974 which provided that no tribal can transfer his land to a non-tribal, 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 transfer without the previous sanction (a) of the Collector, in the case of mortgage or lease for a period not exceeding five years, and (b) of the Collector, with previous approval of Government, in other cases with effect from 6th July, 1974.
The government of Maharashtra itself admitted that permissions by the District Collectors “appear to have been given as a matter of routine. The tribals were also induced to sell their lands because of indebtedness and poverty.”
In order to restore the alienated lands of the tribals, the state government enacted the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. This Act provides for restoration to a tribal his/her land transferred to a non-tribal during the period from 1 April 1957 to 6 July 1974 as a result of validly effected transfers (including, exchanges).
But both the land protection law - Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974 and the land restoration law - Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 have failed to check further alienation of the tribal land or restore alienated lands. According to the Annual Report 2007-08 of the Ministry of Rural Development, Government of India, a total of 45,634 cases have been filed in the court in the state. 44,624 cases have been disposed of by the court, of which 19,943 cases (44.7%) involving 99,486 acres of land have been disposed of in favor of tribals and 24,681 cases (55.3%) against tribals. 1,010 cases were pending in the court.