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Section 2: Definitions.

The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974State Act of Maharashtra · Act 14 of 1975

(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 [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 Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (Bom. XCIX of 1958),

(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 Bombay 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 1st 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) "Tribal" 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 15th 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 defined shall have the meaning respectively assigned to them in the Code or, as the case may be, in the relevant tenancy law.

Where this provision sits

ActThe Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974
Section2
Marginal noteDefinitions.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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