Section 4 in The Maharashtra Tribal Economic Condition (Improvement) Act, 1976
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, (Mah. III of 1975) shall apply to such invalid and void debts 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 (XLIII of 1961), on the appointed date or who on the appointed date holds land not more than 9 hectares of un-irrigated land or 3 hectares of perennially irrigated land. Where a Tribal holds un-irrigated land as well as perennially irrigated land, one hectare of perennially irrigated land shall be considered as equivalent to three hectares of un-irrigated 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 of 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 duly authorised by him; and(c)"the Superintendent of Police" includes an officer not below the rank of Sub-Inspector of Police duly authorised by him.(4)Nothing contained in sub-sections (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 (Mah. XXIV of 1961)(2)"a bank" means-(a)a banking company as defined in the Banking Regulations Act, 1949 (10 of 1949);(b)the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955);(c)a subsidiary bank as defined in the State Bank of India (Subsidiary Bank) Act, 1959 (38 of 1959);(d)a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970);(e)the Regional Rural Bank constituted under the Regional Rural Banks Act, 1976 (21 of 1976);(f)the Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance and Development Corporation Act, 1963 (10 of 1963);(g)any other banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (10 of 1949).
