Section 5 in The Maharashtra Land Revenue (Transfer of Occupancy by Tribals to Non-Tribals) Rules, 1975
5. Enquiry by Collector under sub-section (4) of Section 36A.
(1)The Collector shall, suo-motu or on an application of any person interested in the occupancy transferred in contravention of sub-section (1) of section 36A, hold an inquiry in the manner provided in sub-rule (3) to (5).(2)The application referred to in sub-rule (1) shall contain the following particulars, namely-(i)Name of the applicant;(ii)Survey number, area and assessment of the land;(iii)The same of the village, taluka and district in which the land is situate;(iv)The name of the transferor and transferee;(v)The date of the transfer;(vi)Circumstances in which the transfer was made.(3)After receipt of the application or suo-motu on the basis of the record, if any, available with him, if the Collector thinks that there is reasonable ground for believing that the Collector's sanction was not taken for the transfer (which ground he shall record in writing), the Collector shall cause notices in Form 'B' to be served on the transferor (if he is not the applicant) and on the transferee, calling upon them show cause why the transfer should not be declared invalid, and the notice shall specify the date for hearing the application.(4)On the date fixed for hearing or on any other date to which the hearing may be adjourned the Collector may examine the parties, and after recording the statements of witness, if any and after making such enquiry as he may consider necessary, shall record a finding whether or not the transfer is made with the previous sanction of the Collector as required by sub-section (1) of Section 36A. If the finding is that the transfer is made with the previous sanction of the Collector, the application, if any, shall be rejected. If the finding is that the transfer is made without the previous sanction of the Collector, the Collector shall declare the transfer to be invalid under sub-section (5) of Section 36A.(5)The decision of the Collector shall be communicated to the parties concerned.
