Land Revenue Code

TO IDENTIFY RECORD OF RIGHTS OR 7/12 EXTRACT OF AN ADIWASI LAND.
By : B.P. Sachinwalla
Architect.
Posted on 10th July 2002

Elavirating further on the specialized subject of restriction of transfer of Adiwasi Lands and it’s relevant factors, I hereby recapitulate some of the eminent points of serious considerations for the general reference of urban public.
Refer Figure given below: It is a copy of record of rights for the land usually known as 7/12 extract. For all lands belonging to Adiwasi it is a statutory obligation on the part of the revenue department to put a rubber stamp (as shown in figure); which means that the land is subjected to the provisions stipulation under section 36 and 30-A of the Maharashtra land Revenue Code, 1966.
Section 36 the Maharashtra Land Revenue Code, 1966, stipulates: “ Notwithstanding anything contained in sub-section 36(1) occupancies of persons belonging to the Scheduled Tribes (hereinafter referred to as the “Tribals”) ; being occupancies wherever located in the State, small not be transferred except with the previous sanction of the Collector.
Section 36 and subsections 1,2,3, 3A, 3B, 3D, 4 are explained at length in my previous articles.
Section 36-A of the Maharashtra Land Revenue Code, 1966, is regarding Restrictions on transfers of occupancies by Tribals. No occupancy of a tribal shall be transferred in favor of any non tribal after the commencement of the Maharashtra Land Revenue code and Tenancy Laws (Amendment) Act, 1974, and more specifically on or after 6th July 1974. Transfers in favor of any non-tribal by way of sale, gift, exchange , mortgage, lease or otherwise, inclusive of sales in execution of a decree of a civil court or an award or order of any Tribunal or Authority is not permitted but except with the previous sanction:-
in the case of a lease or lease mortgage for a period not exceeding 5 years (though Collector).
In all other cases with the previous approval of the State Government; but after vertifying that no other tribal is willing thereof from the same village and /or within 5 kilometers thereof from the proposed tribal’s land.
 
If the transfer of occupancy to a non-tribal is detected after the commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974, ( in the contravention of sub section (1), the collector shall should hold sue mote proceedings to declare the transfer to be invalid and shall vest the same in the State Government and can dispose of in such manner as the State Government may, from time to time direct.
If the occupancy is vested in the State Government under subsection (5), the tribal transferor shall be asked to purchase the land within 90 days. If he is willing the occupancy may be granted to him on paying prescribe purchase price and on undertaking to cultivate the land personally. But his total land holdings should not exceed an “economic holding” limits.
In this article I have sincerely attempted to clarify and explain the meaning of rubber Stamp incorporated on 7/12 extracts of all Aiwasi lands as shown in figure above. Section 36 and 36A of the Maharashtra Land Revenue code 1966 are extremely fundamental in understanding laws relating to Adiwasi Lands.
Let me apprehend our readers intellectual that record of rights without this rubber stamp need not be necessarily safe. Very often “Talatis” conveniently forget to put this stamp. Hence complete revenue search should be undertaken to verify the occupancy of land to ascertain that it does not belong to a tribal