Section 36(3) in Maharashtra Land Revenue Code, 1966
(3)Where an occupant belonging to a Scheduled Tribe in contravention of sub-section (2) transfers possession of his occupancy, the transferor or any person who if he survives the occupant without nearer heirs would inherit the holding, may, [within thirty years from the 6th July, 2004] [These words and figures were substituted for the words 'within thirty years of such transfer of possession' by Maharashtra 43 of 2011, section 2(a), (w.e.f. 6-7-2004)], apply to the Collector to be placed in possession subject so far as to the Collector may, in accordance with the rules made by the State Government in this behalf, determine to his acceptance of the liabilities for arrears of land revenue or any other dues which form a charge on the holding, [and notwithstanding anything contained in any law for the time being in force, the Collector shall] [These words were substituted for the words 'and the Collector shall' by Maharashtra 1 of 1991, section 2(a)(ii)] dispose of such application in accordance with the procedure which may be prescribed:[Provided that, where a Tribal in contravention of sub-section (2) of any law for the time being in force has, at any time before the commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974 transfer possession of his occupancy to a non-Tribal and such occupancy is in the possession of such non-Tribal or his successor-in-interest,] [These proviso were added by Maharashtra 35 of 1974, section 2(2)] and has not been put to any non-agricultural use before such commencement, then, the Collector shall, notwithstanding anything contained in any law for the time being in force, either suo motu at any time or on application by the Tribal (or his successor-in-interest) made at any time [within thirty years from the 6th July, 2004] [These words and figures were substituted for the words 'within thirty years of such commencement' by Maharashtra 43 of 2011, section 2(b), (w.e.t. 6-7-2004)], after making such inquiry as he thinks fit, declare the transfer of the occupancy to be invalid, and direct that the occupancy shall be taken from the possession of such non-Tribal or his successor-in-interest and restored to the Tribal or his successor-in-interest.[****] [The explanation was deleted by Maharashtra 11 of 1976, section 3, Second Schedule][Provided further] [These words were substituted for the word 'Provided' by Maharashtra 11 of 1976, section 3, Second Schedule] that where transfer of occupancy of a Tribal has taken place before the commencement of the said Act, in favour of a non-Tribal, who was rendered landless by reason of acquisition of his land for a public purpose, only half the land involved in the transfer shall be restored to the Tribal.
