Maharashtra Tribal Economic Condition (Improvement) Act, 1976
No: 5 Dated: Jan, 08 1977
THE MAHARASHTRA TRIBALS ECONOMIC CONDITION (IMPROVEMENT) ACT, 1976
ACT No. V OF 1977
An Act to provide for promoting improvement in the economic condition of the Tribals in the State of Maharashtra.
WHEREAS, having regard to the economic and social backwardness of the Tribals owing to the geographical and social isolation in which they have lived hitherto, it is considered necessary to bring about within as short a time as possible an effective improvement in the economic condition of the Tribals;
AND WHEREAS one of the measures to bring about such effective economic improvement was to protect them from exploitation by certain unscrupulous elements in society by making any lending made before the commencement of the Maharashtra Tribals Economic Condition (Improvement) Ordinance, 1976, invalid and void ab initio and by prohibiting private agencies from lending them anything, and by prohibiting the marketing of certain agricultural produce in the Tribal areas in the State by private agencies and by permitting lending only through the State Government and other specified agencies and by providing suitable alternative arrangement in such areas for marketing of such produce through the State Government and other specified agencies; and by providing for matters connected therewith;
AND WHEREAS both Houses of the Legislature of the State were not in session;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action for securing the purposes aforesaid; and, therefore, promulgated the Maharashtra Tribals Economic Condition (Improvement) Ordinance, 1976, on the 9th day of October 1976;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature and also to make certain other provisions for the purposes hereinafter appearing;
It is hereby enacted in the Twenty-seventh Year of the Republic of India as follows :—
1. Short title, extent, commencement and cessation:- (1) This Act may be called the Maharashtra Tribal Economic Condition (Improvement) Act, 1976.
(2) It extends to the whole of the State of Maharashtra.
(3) (a) The provisions of this section, section 2, and sub-sections (1) and (4) of section 4 and other provisions of this Act incidental or ancillary to these provisions, shall be deemed to have come into force in all the Tribal areas in the State on the 9th day of October 1976.
(b) All other provisions of this Act shall be deemed to have come into force on the 9th day of October 1976, in the first instance, in the Navapur taluka of the Dhule district and the Melghat taluka of the Amravati district.
(c) The State Government may bring into force the provisions of this Act which have not come into force under clauses (a) and (b) of this sub-section in such Tribal areas and from such date as it may, by notification in the Official Gazette appoint; and different dates may be appointed for bringing into force different provisions in respect of different Tribal areas.
4) (a) Notwithstanding anything contained in clauses (b) and (c) of sub-section (3), if at any time, the State Government is satisfied that circumstances exist which render it necessary for the State Government so to do, the State Government may, by notification in the Official Gazette, direct that all or any of the other provisions of this Act referred to in the said clauses (b) and (c) which are deemed to have come into force, or which are brought into force, in any tribal area shall cease to be in force in that Tribal area on such date as may be specified in the notification, except as respects things done or omitted to be done under the said provisions before such date.
(b) Where the State Government has directed under clause (a) of this sub-section, that any such provisions shall cease to be in force in any Tribal area, if, at any subsequent time, the State Government is satisfied that there is a change in the circumstances and it is necessary so to do, the State Government may, by like notification, direct that all or any of the provisions which had ceased to be in force shall again come into force in that Tribal area on such date as may be specified in the notification.
2. Definations:- In this Act, unless the context otherwise requires,—
(a) “agricultural produce” means all produce (whether processed or not) specified in the Schedule, and includes such other produce (whether processed or not) of agriculture, horticulture, animal husbandry, pisciculture and forest as the State Government may, in the interest of the Tribals, by notification in the Official Gazette, from time to time, add to the Scheduel. The State Government may, in the interest of the Tribals, by like notification, from time to time, delete any agricultural produce from the Schedule;
(b) “appointed date” means,—
(i) in relation to the areas and the provisions referred to in clauses (a) and (b) of sub-section (3) of section 1, the 9th day of October 1976;
(ii) in relation to any other areas in which any of the provisions of this Act are brought into force under clause (c) of sub-section (3) of section 1, the date appointed by notification under that clause;
(iii) in relation to other provisions referred to in clauses (b) and (c) of sub-section (3) of section 1, if in any Tribal area all or any of the said provisions have ceased to be in force and have again been brought into force under clause (b) of sub-section 1, then the date specified in the notification under clause (b) of sub-section (4) of section 1;
(c) “prescribed” means prescribed by rules made under this Act;
(ca) “sale by retail”, in relation to any agricultural produce by any person means sale of that produce by that person only once in a day and that too of any quantity therof, whether by weight, measure, number or otherwise, which does not exceed the limit for retail sale specified by the Statge Government, from time to time, by notification in the Official Gazette, in relation to that produce, and until such limit is specified in relation to any such produce, of any quantity thereof, the sale price of which does not exceed ten rupees, and the corresponding expression “purchase by retail” shall be construed accordingly;
(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 others 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 the subparagraph (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.