Procedure for Purchasing Tribal Land in MAHARASHTRA

Rules and Procedure for purchasing tribal land in MAHARASHTRA 1. Application should be made by a non-tribal with the consent of the tribal under section 36 A of the MLRC 1966 for purchasing land belonging to a tribal must be submitted to the Collector mentioning the name of the tribal, details of the land and consideration payable for such transfer of land.

2. The Collector shall issue public notice in form I prescribed under the provisions of the Maharashtra Land Revenue (Transfer of Occupancy by Tribal to Non Tribals) Rules, 1975. The notice must contain the details about tribal whose land is under process for transfer, details of the land and consideration proposed to be paid for such transfer and mode of transfer such as sale, mortgage etc, lease, exchange or otherwise. 3. Opportunity shall be given to any tribal living in the same area or any tribal who are living within 5 km from the said area for transfer of the said land on payment of the same consideration which the applicant intended to pay to the tribal occupancy holder. 4. Notice shall be valid for a period of one month from the date of publication. 5. Copies of such notice shall be published in the village in which the land is situated and all villages within the radius of 5 km from the said village. 6. Copies of notice shall also be affixed at the notice board of the Collector, Sub-divisional Officer, tahshildar, panchayat and chavadi. 7. If any tribal living in the area or any tribal who is living within the radius of 5km from the area in which the land is situated willing to purchase the same land for same consideration, the Collector will inform to the tribal

whose land is for transfer, to transfer the said occupancy to any one of the persons of his choice from among the persons who are willing to transferred the occupancy in their name. 8. If nobody willing to get transferred the occupancy then the Collector shall sanction the transfer a. i). for bonafide non agricultural use ii). In execution of decree of civil court or arrears of land revenue if the tribal does not become landless on being transferred under this sub section. b. Lease if the lessor is a minor, widow or mentally disable. c. Mortgage for raising loan for the development of the land. d. Exchange of the land where the land being exchanged i. For land equal or nearly equal value owned and cultivated personally by any members of tribal’s family or ii. For land equal or nearly equal value in the same village owned and cultivated personally by another land owner with a view to forming compact block of his holding or better management thereof. iii. Provided that the total land owned and cultivated personally by anyone in the capacity as a owner or tenant shall not exceed economic holding as may be prescribed under the said rule from time to time. e. The transfer of land by way of sale or lease for bonafide industrial use or for educational or charitable institution or for the benefit of the coop.society. 9. For any kind of transfer permission from the state government is condition precedent along with the sanction by the Collector.

TRANSFER BETWEEN ONE TRIBAL TO ANOTHER TRIBAL

10.Please note that transfer between one tribal to another tribal is subjected to the rules mentioned in the Maharashtra Land revenue Manual Part II, Circular 11(2).

Presently economic holding means 16 acres in case of jiyarat land, 8 acres of irrigated land