The Maharashtra Tribal Economic Condition (Improvements) Act, 1976

(d) "Scheduled Tribes" means such Tribes or Tribal communities or parts of, or groups within, such Tribes or Tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under article 342 of the Constitution of India; and persons who belong to the Tribes or Tribal communities, or parts of, or groups within, Tribes or Tribal communities, specified in Part VII-A of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 made under the said article 342, but who are not residents in the localities specified in that Order and who nevertheless need the protection of this Act (and it is hereby declared that they do need such protection) shall, for the purposes of this Act, be treated in the same manner as members of the Scheduled Tribes; (e) "Tribal" means a person belonging to a Scheduled Tribe and includes his successor in interest who is also a Tribal; (f) "Tribal area" means the Scheduled areas and such other areas in the State as the State Government may, from time to time, by notification in the Official Gazette, specify, regard being had to the population of the Tribals in any such area, or to the area where steps have been taken or are proposed to be taken for the improvement of the economic condition of the Tribals and such other factors as the State Government may think fit; Explanation.—(1) "Scheduled Areas" means the areas within the State of Maharashtra declared to be Scheduled Areas by the Scheduled Areas (Part A States) Order, 1950, or as the case may be, the Scheduled Areas (Part B States) Order, 1950 (each such order for the time being in force) made under sub-paragraph (1) of paragraph 6 of the Fifth Schedule to the Constitution of India; (2) "population" means the population as ascertained in the last preceding census of which the relevant figures, whether provisional or final, have been published; (g) "Tribal Authority" means the officer appointed for the time being to be the Tribal Commissioner for the State, and includes any officer appointed by the State Government to perform the duties of the Tribal Authority under all or any of the provisions of this Act; (h) words and expressions used in this Act but not defined herein shall have the meanings respectively assigned to them in the Maharashtra Debt Relief Act, 1975.

The provisions of this Act or any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.

1. (1) Notwithstanding anything contained in any law for the time being in force or any contract or other instrument having force by virtue of any such law, any lending, whether in cash or kind, for any purpose whatsoever, either without any security or on the security of any property, made by any person to a Tribal before the appointed date, shall be deemed to be invalid and void ab initio, and thereupon the provisions of the Maharashtra Debt Relief Act, 1975, shall apply to such invalid and void debts as they apply to debts which are deemed to be wholly discharged under that Act. Explanation.—For the purposes of this sub-section, "a Tribal" means a Tribal who is either a marginal farmer, a rural artisan or a rural labourer, [and who is not an assessee under the Income-tax Act, 1961, on the appointed date] or who on the appointed date holds land not more than 9 hectares of unirrigated land or 3 hectares of perennially irrigated land. Where a Tribal holds unirrigated land as well as perennially irrigated land, one hectare of perennially irrigated land shall be considered as equivalent to three hectares of unirrigated land. 10. [Deleted.]

Power of entry, search, seizure, etc

1. (1) Any police officer not below the rank of Sub-Inspector or any other person authorised by the State Government may, with a view to securing compliance with the provisions of this Act or the rules or orders made thereunder or to statisfying himself that the said provisions have been complied with—
   • (i) stop and search any person, animal, vehicle, vessel or receptacle used or intended to be used for the transport of any agricultural produce;
   • (ii) enter and search any premises;
   • (iii) seize agricultural produce in respect of which he has reason to believe that any provision of this Act or the rules or orders made thereunder has been, is being, or about to be, contravened along with the receptacle containing such produce or the animal, vehicle or vessel used in carrying such produce.
2. (2) Any search or seizure made under this section, shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973.

1. (1) Any person, who in contravention of the provisions of sub-section
2. (2) of section 4, lends anything as provided in that sub-section, to a Tribal, shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees or with both.
3. (2) If any person, in contravention of the provisions of section 5, whether knowingly, intentionally or otherwise, markets any specified produce in any specified Tribal area or transports or attempts to transport any specified produce from any Tribal area to any place outside such area or vice versa,—
   • (a) he shall, on conviction, be punished—
     • (i) for the first offence, with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees, or with both;
     • (ii) for the second or subsequent offence, with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees, or with both;
   • (b) any property in respect of which the provisions of section 5 have been contravened or such part thereof as the Court may deem fit, including any packages, coverings or receptacles in which the property is found and any animal, vehicle, vessel or other conveyance used in carrying the property, shall be forfeited to the State Government: Provided that, if the Court is of the opinion that it is not necessary to direct forfeiture in respect of the whole, or as the case may be, any part of the property or any packages, coverings or receptacles or any animal, vehicle, vessel or other conveyance, it may, for reasons to be recorded, refrain from doing so.
4. (3) Any person who in contravention of the provisions of clause
   • (b) of sub-section
5. (1) of section 9 fails to register himself, or fails to furnish information or returns under sub-section
6. (2) of that section shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees or with both.

1. (1) No Court shall take cognizance of any offence punishable under this Act except with the previous sanction of the State Government or any officer authorised by it in this behalf.
2. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences punishable under this Act shall be cognizable and bailable.

1. (1) If the State Government is of opinion that having regard to any of the purposes of this Act, the enforcement of certain provisions thereof in any specified Tribal area is inexpedient for a certain time in relation to any specified produce, the State Government may, by notification in the Official Gazette, suspend the operation of those provisions; and thereupon, those provisions shall stand suspended, in such Tribal area in relation to such specified produce except as respects things done or omitted to be done before the date of publication of the notification.
2. (2) Where the operation of the provisions of this Act is suspended in relation to any specified produce in any specified Tribal area for any period or periods specified in the notification under sub-section (1), and the State Government at any time before the expiry of such specified period or periods is of opinion that it is expedient to receive and enforce these provisions or any of them again in relation to any specified produce in such specified Tribal area, the State Government may cancel partially or wholly any such notification of suspension by a like notification : and thereupon, those provisions which were suspended and which are revived shall again have full effect in relation to the specified produce in such specified Tribal area from the date of publication of the second notification.
3. (3) The suspension of the operation of any provision under sub-section
4. (1) shall not affect those provisions which are not suspended; and in respect of any specified produce already tendered before the period of suspension (or which may be voluntarily tendered during the period of suspension) at the place notified or any other place specified by the State Government in that behalf, all the provisions of this Act shall continue to apply or apply thereto as if none of the provisions had been suspended.

The State Government may, by notification in the Official Gazette, direct that any power (other than the power to suspend operation of provisions of this Act under section 14 or the power to make rules under section 18) exercisable by it under this Act or the rules or orders made thereunder, may be exercised also by the Tribal Authority or by any officer of the State Government not below such rank as may be specified in the notification, subject to such conditions, if any, as may be specified therein.

No suit, prosecution or other proceedings shall lie against the State Government or Tribal Authority or agent or officer or other person authorised by the State Government for anything which is in good faith done or intended to be done under this Act or any rules or orders thereunder.

Every officer, agent or his servant or sub-agent of such agent acting under the provisions of this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. Such rules may provide for levying fees for any of the purposes of this Act and for refund thereof.
2. (2) All rules made under this Act shall be subject to the condition of previous publication, except when such rules are made for the first time.
3. (3) Every rule made under this Act shall be laid as soon as may be after it is made before 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. (1) The Maharashtra Tribals Economic Condition (Improvement) Ordinance, 1976, is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken (including any appointment or authorisation made or any notification or order issued) under the Ordinance so repealed shall be deemed to have been done, taken, made or issued, as the case may be, under the corresponding provisions of this Act.

[See section 2(a)] 1. Wheat. 2. Paddy (husked and unhusked). 3. Jowar. 4. Bajri. 5. Nagli. 6. Vari. 7. Red Chillies. 8. Tur. 9. Gram. 10. Udid. 11. Mung. 12. Val. 13. Masur. 14. Groundnut (unshelled). 15. Linseed. 16. Sesamum. 17. Castor seed. 18. Nigar seed. 19. Hilda. 20. Gum. 21. Lac. 22. Mahua flower and seeds. 23. Grass and fodder. 24. Charoli.