Maharashtra Tribals Economic Condition (Improvement) Act, 1976

Maharashtra Tribals Economic Condition (Improvement) Act, 1976

The Maharashtra Tribals Economic Condition (Improvement) Act, 1976

Maharashtra Act No. 5 of 1977

MH297

[8th January, 1977]

For Statement of Objects and Reasons see Maharashtra Government Gazette, 1976, Part V, Extraordinary, 623-637.

LEGISLATIVE HISTORY 6

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]. Definitions. - (1) This Act may be called the Maharashtra Tribals 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-section (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 the Act which have not come into force under clauses (a) and (b) of this sub-section in such Tribal areas and from 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, 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 info force in that Tribal area on such date as may be specified in the notification.]

2. Definitions. - 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 Schedule. 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) or 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 (4) of section 1, than the date specified in the notification under clause (b) of sub-section (4) of section 1;]

[(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 thereof, whether by weight, measure, number or otherwise, which does not exceed the limit for retail sale specified by the State 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 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.

3. Effect of Act, rules, etc. inconsistent with other enactments. - 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.

4. Lending in cash or kind to Tribals. - (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 debt as they apply in relation 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 he considered as equivalent to three hectares of unirrigated land and vice versa.

(2) Notwithstanding anything contained in any law for the time being in force no person shall, after the appointed date, lend anything, whether in cash or in kind, for any purpose whatsoever to a Tribal either without any security or on the security of any property or bind down any Tribal to daily attendance, or to manual labour or to both until the loan is repaid and any such lending made, on or after the appointed date by any person to a Tribal, shall be deemed to be invalid, and void ab initio, and if any such lending is made on the security of any property, such property shall be forthwith delivered to the Tribal.

(3) Unless the claim to the property is disputed, if the property is not delivered forthwith, the Tribal may request the Commissioner or Police where there is one, and elsewhere, the District Magistrate or the Superintendent of Police, to enforce delivery of possession of such property. The Commissioner of Police, the District Magistrate, or as the case may be, the Superintendent of Police, shall take or cause to be taken such steps, or use or cause to be used such force as may be reasonably necessary, for securing delivery of the possession of the property to the Tribal.

Explanation. - For the purposes of this sub-section,-

(a) "the Commissioner of Police" includes an officer not below the rank of Inspector of Police duly authorised by him;

(b) "the District Magistrate" includes an officer not below the rank of Tahsildar duty authorised by him; and

(c) "the Superintendent of Police" includes an officer not below the rank of Sub-Inspector or Police duly authorised by him.

(4) Nothing contained in sub-section (1) and (2) shall apply to any lending referred to in those sub-sections made to any Tribal by the State Government, or any corporation owned or controlled by the State or agent authorised by it in this behalf, co-operative society or local authority or by any bank.

Explanation. - For the purposes of this sub-section,-

(1) "a co-operative society" means a society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960;

(2) "a bank" means-

(a) a banking company as defined in the Banking Regulation Act, 1949;

(b) the State Bank of India constituted under the State Bank of India Act, 1955;

(d) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;

(e) the Regional Rural Bank constituted under the Regional Rural Banks Act, 1976;

(f) Agricultural Refinance and Development Corporation Constituted under the Agricultural Refinance and Development Corporation Act, 1963;

(g) any other banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949.

5. Marketing and transport of specified agricultural produce prohibition. - [(1) Notwithstanding anything contained in any law for the time being in force, but subject to the provisions of this section,-

(a) no producer or foregatherer of such agricultural produce in such Tribal area as the State Government may, by notification in the Official Gazette specify (hereinafter referred a to as "the specified produce " and "the specified Tribal area" respectively), shall after the appointed date, sell such specified produce in such specified Tribal area, either for cash or in kind or in any other manner whatsoever to any person, except to the State Government or Tribal Authority or agent, authorised by the State Government;

(b) no person, except the State Government, Tribal Authority or agent authorised by the State Government, shall purchase from the producer or foregatherer any specified produce in any specified Tribal area.]

(2) The State Government or the Tribal Authority may by order in writing open collection centres in the specified Tribal area for collecting thereat the specified produce for the purpose of their marketing. The State Government or the Tribal Authority shall publish such order for the information of the public in such manner as it thinks fit.

(3) Where [any producer or foregatherer] wishes to sell any specified produce within the specified Tribal area under the provisions of this Act, he shall tender all sub-specified produce only at the collection centre opened for the purpose under sub-section (2).

[(4) Nothing in sub-section (1) shall apply to any sale by retail by any producer or foregatherer of any specified produce in any specified Tribals area or to any purchase by retail by any person from any producer or foregatherer or such produce in such area.]

(5) When any agricultural produce is notified in relation to any specified Tribal area under sub-section (1), no person other than the State Government, Tribal Authority or agent [authorised by the State Government] in this behalf shall, except with the previous permission of the State Government or the Tribal Authority or any officer or other person authorised by the State Government, transport or attempt to transport any such specified produce from such Tribal area to any place outside such area, or vice versa.

6. Appointment of agents. - (1) The State Government may, for the purpose of purchase or sale of any specified produce in any specified Tribal area, by order appoint agents, in respect of such Tribal area specified in the order. Such agents or their sub-agents shall be either co-operative societies registered or deemed to be registered under any law relating to such societies for the time being in force in the State or any corporation or institution or organization owned, controlled or financed by any Government or such co-operative society.

(2) The terms and conditions for appointment of agents and sub-agents shall be such as may be determined by the State Government, from time to time.

7. Power of State Government or of its agents to fix purchase price of specified produce. - (1) The State Government or its agents authorised by it in this behalf, shall in respect of any specified produce, fix the price at which such produce shall be purchased by, or on behalf of, the State Government, in any specified Tribal area or part thereof and shall publish the same in such manner as the State Government may determine:

Provided that prices may be fixed or revised, from time to time, periodically or when considered necessary, and different prices may be fixed for different produce or any quality or variety thereof in different specified Tribal areas or parts thereof and in doing so, regard shall be had, amongst other things, to-

(a) the price of the specified produce determined on the recommendations of the Agricultural Prices Commission established by the Government if India;

(b) the quality of the specified produce grown in that specified Tribal area or any part there of; and

(2) When the prices are fixed or revised by the agents, they shall also comply with the guidelines issued in this behalf by the State Government, from time to time.

(3) Nothing in sub-sections (1) and (2) shall affect the price fixed in respect of any agricultural produce (being a specified produce) under any other made under section 3 of the Essential Commodities Act, 1955, inquiring persons holding in stock such agricultural produce to sell it to the State Government at a specified price.

8. State Government, Tribal Authority or agent to purchase and sell specified produce. - (1) The State Government, Tribal Authority or the agent authorised by the State Government in this behalf shall be bound to purchase at the price fixed under section 7 any specified produce offered for sale in the specified Tribal area.

(2) On purchasing the specified produce under sub-section (1), the State Government shall make all suitable arrangements for their storage in the specified Tribal area or without such area, and for the Sale of such produce in any such area at such price as such produce may fetch in the open market in any such area; and for that purpose it may take or cause to be taken such steps as it may consider suitable in the circumstances of each case.

9. Operation of Maharashtra XX of 1964 in specified Tribal areas. - (1) Where the marketing of any specified agricultural produce in any specified Tribal area is prohibited under section 5 of this Act, and such Tribal area forms part of a market area under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (hereinafter in this section referred to as "the said Act") then,-

(a) except as otherwise specifically provided in this Act, the marketing of specified produce in the specified Tribal area shall be subject to the supervision and control of the Market Committee established for such market area under the said Act, and for that purpose, the Market Committee may, subject to the direction, control and instructions, if any, of the State Government, exercise such powers and perform such duties and discharge such functions as may be provided by or under the said Act;

(b) after the expiry of three months from the appointed date, except as provided by sub-section (4) of section 5, no person shall, with a view to protecting the interests of Tribals, market any agricultural produce in the specified Tribal area or operate therein as a trader in respect of any such produce unless he is registered in such manner as may be prescribed;

(c) if a specified Tribal area falls within the jurisdiction of more than one Market Committee, then such Market Committee as the State Government may if it is expedient so to do, by order in writing specify in this behalf, shall alone operate under this section in such specified Tribal area.

(2) Every person registered under clause (b) of sub-section (1) shall furnish to the Tribal Authority such information and returns and within such period regarding the agricultural produce marketed by him in the specified Tribal area as may be prescribed.

10. [Price Fluctuation Fund.] - Deleted by Maharashtra 56 of 1977, Section 6.

11. Power of entry, search seizure, etc. - (1) Any police officer not below the rank of Sub-Inspector or any other person authorized 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 satisfying 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 of 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) Any search or seizure made under this section, shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973.

12. Offences and penalties. - (1) Any person, who in contravention of the provisions of sub-section (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.

(2) In 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 or the opinion that it is not necessary to direct forfeiture in respect of the whole, or as the case may be, any part of 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.

(3) Any person who in contravention of the provisions of clause (b) of sub-section (1) of section 9 fails to register himself, or fails to furnish information or returns under sub-section (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.

13. Cognizance of offence, etc. - (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 authorized by it in this behalf.

(2) Notwithstanding anything contained in the Code of Criminal Procedure 1973, all offences punishable under this Act shall be cognizable and bailable.

14. Power to suspend operation of provisions of this Act. - (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 in relation to such specified produce and in the specified Tribal area for such period or periods may be [* * *] expedient and as may be specified in the notification 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) 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) The suspension of the operation of any provision under sub-section (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.

15. Delegation of powers. - 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 Sate Government not below such rank as may be specified in the notification, subject to such conditions, if any, as may be specified therein.

16. Indemnity. - 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 made thereunder.

17. Every officer, agent or his servant or sub-agent to be public servant. - Every officer or agent of the State Government and every 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.

18. Rules. - (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes or this Act. Such rules may provide for levying fees for any of the purposes of this Act and for refund thereof.

(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) 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 or no effect, as the case any 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.

19. Repeal of Maharashtra Ordinance VIII of 1976 and savings. - (1) The Maharashtra Tribals Economic Condition (Improvement) Ordinance 1976, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken (including any appointment or authorization 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.

[Schedule

[See section 2(a)]

1. Wheat.

2. Paddy (husked and unhusked).

14. Groundnut (unshelled).

22. Mahua flower and seeds.

23. Grass and fodder.

24. Charoli.]

Notifications

G. N., S. W., C. A. S., & T. D., No. TSA. 1077/42313-(1)-XXVIII, dated 11th October, 1977 (M. G., Part IV-B, page 885) - In exercise of the powers conferred by clause (c) of sub-section (3) of section 1 of the Maharashtra Tribals Economic Condition (Improvement) Act, 1976 (Maharashtra V of 1977), the Government of Maharashtra hereby brings into force with effect from the 11th day of October 1977 all the provisions of he said Act, which have not come into force under clauses (a) and (b) of sub-section (3) of section 1 thereof in the Tribal Areas in the talukas mentioned in the Schedule appended hereto which have been specified in Government Notification, Social Welfare, Cultural Affairs, Sports and Tourism Department No. TSA. 1076/1074-(1)-XXIV, dated the 9th October 1976.

Schedule

Serial No.	Taluka
1.	Peint and Surgana Talukas of Nashik District.
2.	Ambegaon and Junnar Talukas of Pune District.
3.	Gadchiroli and Sironcha Talukas of Chandrapur District.

G. N., S. W., C. A., S. & T. D., No. TSA. 1078/336-(1)-XXIV-(2), dated 23rd June, 1978 (M. G., Part IV-B, page 809) - In exercise of the powers conferred by clause (c) of sub-section (3) of section 1 of the Maharashtra Tribals Economic Condition (Improvement) Act, 1976 (Maharashtra V of 1977), the Government of Maharashtra hereby brings into force with effect from the 23rd June 1978, the provisions of subsection (2) of section 4 and other provisions of the said Act incidental or ancillary thereto in the Tribal areas in the talukas mentioned in the Schedule appended hereto, which have been specified in Government Notification, Social Welfare, Cultural Affairs, Sports and Tourism Department, No. TSA. 1076/1074-(I)-XXIV, dated the 9th October 1976.

Schedule

Serial No. 1	Taluka 2
1.	Dahanu, Talasan, Mokhada, Jawhar, Shahapur, Wada, Palghar, Murbad Talukas of Thane Distinct.
2.	Kalwan, Dindori, Igatpuri, Nashik, Baglan Talukas of Nashik District.
3.	Taloda, Akkalkuwa, Akrani, Saku, Nandurbar, Shahanda and Shirpur Talukas of Dhule District.
4.	Akola Taluka of Ahmadnagar Distirct.
5.	Khed Taluka of Pune District.
6.	Rarntek Taluka of Nagpur District.
7.	Gondia and Sakoli Talukas of Bhandara District.
8.	Wani Yavatmal, Pusad and Kelapur Talukas of Yavatmal District
9.	Chandrapur, Bramhapuri and Warora Talukas of Chandrapur District

G. N., S. W., C. A., S. & T. D., No. TSA. 1078/24724-(2)/XXVI-(II), dated 10th October, 1978 (M. G., Part IV-B, page 1046) - In exercise of the powers conferred by clause (c) of sub-section (3) of section 1 of the Maharashtra Tribals Economic Condition (Improvement) Act, 1976 (Maharashtra V of 1977), the Government of Maharashtra hereby brings into force with effect from the 11th day of October 1978 all the provisions of the said Act, which have not come into force under clauses (a) and (b) of sub-section (3) of section 1 thereof in the Tribal Areas in the talukas mentioned in the Schedule appended hereto which have been specified in Government Notification, Social Welfare, Cultural Affairs, Sports and Tourism Department No. TSA. 1076/1074-(1)-XXIV, dated the 9th October 1976.

Schedule

Serial No. 1	Talukas 2
1.	Dahanu, Talasari, Mokhada Jawhar, Shahapur, Wada, Palghar and Murbad Talukas of Thane District.
2.	Kalwan, Dindori, Nashik, Baglan and Igatpuri Talukas of Nashik District.
3.	Taloda, Akkalkuwa, Akrani, Shahada, Sakri, Shirpur and Nandurbar (excluding Nandurbar Town) Talukas of Dhule District.
4.	Akola Taluka of Ahmadnagar District
5.	Khed Taluka of Pune District.
6.	Wani, Yavatmal, Kelapur and Pusad Talukas of Yavatmal Distirct.
7.	Ramtek Taluka of Nagpur District.
8.	Gondia and Sakoli Talukas of Bhandara District
9.	Chandrapur, Bramhapuri and Warora Talukas of Chandrapur District.

G. N., S. W., & S. D., No. TSA. 1081/350-(1)-XXIV (II), dated 5th November 1981 (M. G., Part IV-B, page 1840) - In exercise of the powers conferred by clause (c) of sub-section (3) of section 1 read with clause (a) of sub-section (4) of section 1 of the Maharashtra Tribals Economic Condition (Improvement) Act, 1976 (Maharashtra V of 1977), and in modification of Government notification, Social Welfare, Cultural Affairs, Sports and Tourism Department No. TSA. 1078/24724-(2)-XXIV-(II), dated the 10th October 1978, the Government of Maharashtra hereby brings into force, with effect from the 5th day of November 1981, all the provisions of the said Act which have not come into force under clauses (a) and (b) of sub-section (3) of section 1 of the said Act in the Tribal areas in the talukas specified in column 2 of the Schedule hereto.

Schedule

Serial No.	Talukas
1.	Dahanu, Talasari, Mokhada Jawhar, Shahapur, Wada, Palghar and Murbad Talukas of Thane District
2.	Karjat Taluka of Raigad District.
3.	Kalwan, Dindori, Nashik, Baglan Peint, Surgana, Igatpuri Talulkas of Nashik District.
4.	Taloda, Akkalkuwa, Akrani, Shahada, Nawapur, Sakri, Shirpur, Nandurbar (Excluding Nandurbar Town) Talukas of Dhule District.
5.	Raver, Yawal, Chopda Talukas of Jalgaon District.
6.	Akola Taluka of Ahmadnagar District
7.	Khed, Ambegaon, Junnar Talukas of Pune District.
8.	Maregaon, Yavatmal, Kalamb, Ralegaon, Ghatanji, Kelapur, Talukas of Yavatmal District.
9.	Chikhaldara, Dharni Talukas of Amravati District.
10.	Ramtek Taluka of Nagpur District.
11.	Salekasa, Goregaon, Tirora, Arjuni-Morgaon, Deori Talukas of Bhandara District.
12.	Gadchiroli, Dhanora, Chamorshi, Armori, Kurkheda, Sironcha, Aheri, Etapalli, Warora, Chimur Bhandravati, Nagbhir, Sindewahi, Talukas of Chandrapur District.
13.	Kinwat Taluka of Nanded District.

G. N., S. W., C. A. S., & T. D., No. TSA. 1077/42313-(2)/XXVIII, dated 11th October 1977 (M. G., Part IV-B, page 885) - In exercise of the powers conferred by clause (a) of section 2 of the Maharashtra Tribals Economic Condition (Improvement) Act, 1976 (Maharashtra V of 1977) (hereinafter referred to as "the said Act"), the Government of Maharashtra in the interest of Triblas, hereby adds the agricultural produce of Gadmal and the forest produce of Godambi and Amla to the Schedule to the said Act (hereinafter referred to as "the said Schedule"); and for the purpose amends the said Schedule, as follows, namely:-

In the said Schedule, the following entries shall be added at the end, namely:-

"25. Gadmal."

"26. Godambi."

"27. Amla."

G. N., S. W., C. A., S., & T. D., No. TSA. 1076/1074(I)-XXIV, dated 9th October 1976 (M. G., Part IV-B, page 1267 (1)) - In exercise of the powers conferred by clause (f) of section 2 of the Maharashtra Tribals Economic Condition (Improvement) Ordinance, 1976 (Maharashtra Ordinance VIII of 1976), the Government of Maharashtra hereby specifies the areas mentioned in Schedule appended hereto including the Scheduled areas to be the Tribal areas for all purposes of the said Ordinance.

Schedule

[See clause (f) of section 2]

Tribal Areas

Statement showing the names of villages included m the Tribal Sub-Plan Area.

The names and their corresponding Census Code Number are as per the 1971 Census

Thane District

Serial No.	Census Code Number	Name of village Town		Serial No.	Census Code village	Name of town
1	2	3		1	2	3

(Not Printed.)

G.N., S.W., & S.D., TSA. 1081/350-(3)-XXIV-(II), dated 5th November, 1981 (M. G., Part IV-B, page 1819) - In exercise of the powers conferred by clause (9) of sub-section (2) of the Maharashtra Tribals Economic Condition (Improvement) Act, 1976 (Maharashtra V of 1977) and in supersession of Government Notification, Social Welfare, Cultural Affairs, Sports and Tourism Department, No. TSA. 1078/2472-(4)-XXIV-(II), dated the 10th October 1978, the Government of Maharashtra hereby appoints the officers mentioned in column 2 of the schedule here to perform the duties of Tribal Authority under sub-section (2) of the section 5 of the said Act, in respect of the Tribal Areas in the talukas mentioned in column 3 of that schedule.

Schedule

Serial No. 1	Officer authorised 2	Talukas 3
1.	Deputy Tribal Commissioner of Thane District.	Dahanu, Talasari, Mokhada, Jawhar, Shahapur, Wada, Palghar and Murbad talukas of Thane District.
2.	Deputy Tribal Commissioner of Raigad District.	Karjat Taluka of Raigad District
3.	Deputy Tribal Commissioner of Nashik District.	Kalwan, Dindori, Nashik, Baglan, Peint, Surgena and Igatpuri Talukas of Nashik District.
4.	Deputy Tribal Commissioner of Dhule District.	Taloda, Akkalkuwa, Akranl, Shahada, Nawapur, Sakri, Shirpur and Nandurbar (excluding Nandurbar Town), Taluka of Dhule District
5.	Deputy Tribal Commissioner, Jalgaon District.	Raver, Yawal and Chopda Talukas of Jalgaon District
6.	Deputy Tribal Commissioner, ahmednagar District.	Akola Takula of Ahmednagar District
7.	Deputy Tribal Commissioner, Pune District.	Khed, Ambegaon and Junnar Taluka of Pune District.
8.	Deputy Tribal Commissioner, Yavatmal District.	Maregaon, Yavatmal, Kalamb, Ralegaon, Ghatanji and Kelapur Talukas of Yavatmal District
9.	Deputy Tribal Commissioner, Amravati District	Chikhaldara and Dharni Talukas of Amravati District.
10.	Deputy Tribal Commissioner, Nagpur District	Ramtek taluka of Nagpur District.
11.	Deputy Tribal Commissioner, Bhandara District	Salekasa, Goregaon, Tirora, Arjuni-Morgaon and Deori, Talukas of Bhandara District.
[12.	Deputy Tribal Commissioner, Chandrapur District	Warora, Chimur, Bhadravati, Nagbhir and Shindewahi Talukas of Chandrapur District.]
[12A.	Deputy Tribal Commissioner, Gadchiroli District	Gadchiroli. Dhanora Chamorshi, Armori, Kurkheda, Sironcha, Aheri and Etapali Talukas of Gadchiroli Districts.]
13.	Deputy Tribal Commissioner, Nanded District	Kinwat Taluka of Nanded District.

G.N., S.W., C.A., S. & T. D., No. TSA. 1078/24774(1)/XXIV-(II), dated 10th October, 1978 (M.G., Part IV-B, page 1045) - Whereas, the Government of Maharashtra, by Government Notification, Social Welfare, Cultural Affairs, Sports and Tourism Department, No. TSA, 1077/42313 (10)/XXIV, dated the 12th December 1977 and Government Notification, No. TSA. 1077/42313 (10)/XXIV dated the 20th December 1977, issued under clause (a) of sub-section (4) of section 1 of the Maharashtra Tribals Economic Condition (Improvement) Act, 1976 (Maharashtra V of 1977) (hereinafter referred to as "the said Act"), ceased the operations of the provisions of sections 5 to 9 (both inclusive) (hereinafter referred to as "the said provisions") of the said Act in the Tribal Areas of Melghat Taluka of Amravati District, Point and Surgana Talukas of Nashik District, Ambegaon and Junnar Talukas of Pune District, Gadhchiroli and Sironcha Talukas of Chandrapur District and Nagpur Taluka of Dhule District (hereinafter referred to as "the said Tribal Area");

And whereas the Government of Maharashtra, is of opinion that the said provisions are necessary to be revived and enforced again in relation to the said agricultural produce in the said Tribal Area;

Now, therefore, in exercise of the powers conferred by clause (Bombay) of sub-section (4) of section 1 of the said Act, the Government of Maharashtra, hereby brings into force with effect from the 11th day of October, 1978 all the provisions of the said Act which have not come into force under clause (a) of sub-section (3) of section 1 of the

G. N. T. D. D. No. TDC. 1095/CR-116/D-III, dated 12th September, 1996 (M.G. Part IV-B, page 1459) - In exercise of the powers conferred, by clause (a) of sub-section (1) of section 5, read with clause (a) of section 2 of the Maharashtra Tribals. Economic Conditions (Improvement) Act, 1976 (Maharashtra V of 1977) (hereinafter referred to as "the said Act"), the Government of Maharashtra hereby, in the interest of the tribals, adds the specified agricultural produce of "Dry Grass" and "grass and fodder" as an additional minor forest produce within the purview of section 5 of the said Act; and for that purpose amends the Government Notification, Tribal Development Department, No. TDC. 1094/26492/CR-105(94)/D-III, dated the 6th June 1995 and specifies in column (3) of the Schedule areas of the talukas mentioned against thereof in column (2) of that Schedule for the purpose of clause (a) of sub-section (1) of the said section 5.

In the said Schedule, after entry 64, the following entries shall be added, namely :-

Schedule

Serial No.	Talukas			Agriculture and Minor Forest Produce
1	2			3
1	Talasan	]	— District Thane	65. Dry Grass
2	Dahanu			66. Grass and Fodder
3	Jawhar
4	Palghar
5	Wada
6	Shahapur
7	Mokhada

(G. N. T. D. D. NO. TDC. 1093/2626/CR-32/D-III, dated 26th November, 1998 (M. G. Part IV-B, page 9) - Whereas, in exercise of the powers conferred by sub-section (1) of section 14 of the Maharashtra Tribals Economic Condition (Improvement) Act, 1976 (Maharashtra V of 1977), the Government of Maharashtra has suspended vide Government Notification, No. TDC. 1093/2626/32(93)/D-III (ii), dated the 7th January 1994, for every succeeding year, the operation of the provisions of sections 5,6,7,8 and 9 of the said Act in relation to the specified produce mentioned in the Schedule the appended to the said Notification for the period mentioned against each of them;

And whereas, it is expedient to modify the said period in relation to specified produces mentioned against Sr. Nos. 1, 3, 5, 6, 7, 8, 9, 10, 13, 15, 16, 18, 22 24 and 26 in the schedule appended to the Government Notification No. TDC, 1093/2626/32(93)/D-III (i), dated the 7th January 1994, in respect of certain specified Tribal areas in the Districts specified in column (2) of the schedule appended to the Government Notification, Tribal Development Department No. TDC 1088/0k-621/DI11, dated the 7th January 1994;

Now therefore in exercise of the powers conferred by sub-section (i) of section 14 read with clause (a) of sub-section (1) of section 5 of the Maharashtra Tribal Economic Condition (Improvement) Act, 1976 (Maharashtra V of 1977), the Government of Maharashtra hereby amends the schedule in respect of the above specified produces in the specified Tribal Areas in the Districts

and the period of suspension therein of the respective specified produce and modifies the said schedules to the said notification, as follows namely:-

Serial No.	Specified Produces	Suspended period as declared in the area other than (General) shown in column (5)	Modified suspended period for the areas in column (5)	Specified tribal area in the District
(1)	(2)	(3)	(4)	(5)
1.	Paddy	1st June to 30th September	1st July to 30th September	Thane, Nashik Bhandara, Gadchiroli.
2.	Bajari	1st March to 31st October	1st June to 30th September	Dhule, Jalgaon,
3.	Varai	1st June to 30th September	1st July to 30th September	Thane, Nashik,
4.	Nagali	1st June to 30th September	1st July to 30th September	Thane, Nashik,
5.	Udid	1st April to 30th September	1st June to 31st August	Thane, Nashik, Dhule, Jalgaon, Amravati, Yavatmal, Nanded.
6.	Tur	1st June to 30th November	1st June to 31st October	Thane, Nashik, Dhule, Jalgaon
7.	Gram	1st June to 31st January	1st July to 31st January	Nashik, Dhule, Amravatil, Yavatmal
8.	Mug	1st June to 31st October	1st June to 31st August	Dhule, Jalgaon, Yavatmal, Chandrapur, Nanded.
9.	Soyabeam	1st April to 30th September	1st June to 30th September	Amravati, Yavatmal, Chandrapur.
10.	Nigerseed	1st May to 31st October	1st June to 31st October	Thane, Nashik, Dhule.
11.	Sesamun	1st April to 30th September	1st July to 30th September	Dhule, Gadchiroli, Chandrapur
12.	Hirda (Myrobalan)	1st July to 30th September	1st August to 30th September	Ahmednagar, Pune,
13.	Charoli	1st June to 30th April	1st July to end of February	Dhule
14.	Sunflower	1st April to 30th September	1st June to 30th September	Yavatmal, Nanded,
15.	Custerseed		1st June to 30th November	Dhule


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