Section 4 in The Maharashtra Land Revenue (Transfer of Occupancy by Tribals to Non-Tribals) Rules, 1975
4. Sanction of Collector under Section 36A for transfer.
(1)Under Section 36A, the Collector may subject to the provision of Rule 3, give sanction for-(a)the sale of the land where it is being sold-(i)for any bona fide non-agricultural purpose, or(ii)in execution of a decree of a civil court or for the recovery of arrears of land revenue under the provision of the Code;Provided that, no sanction for sale shall be given under sub-clause (ii) of clause (a) of this sub-rule if the tribal is likely to be rendered landless as a result of the sale;(b)the lease of the land, where the land is being leased by a lessor who is minor or widow or a person under any physical or mental disability;(c)the mortgage of the land, where the land is being mortgage foe purposes of raising a loan for the development of the land;(d)the exchange of the land where the lad is being exchanged-(i)for land equal or nearly equal value owned and cultivated personally by a member of the Tribal's family, or(ii)for land of equal or nearly equal value in the same village owned and cultivated personally by anotherlandowner with a view to forming compact block of his holding or better management thereof;Provided that, the total land held and cultivated personally by any one whether as owner or tenant or partly as tenant does not exceed an economic holding as a result of the exchange;(e)the transfer of the land by way of sale or lease-(i)if the land is required by an industrial undertaking in connection with any bona fide industrial operations carried on or to be carried on by such undertaking;(ii)if the land required for the benefit of any educational or charitable institution;(iii)if the land is required for the benefit of a co-operative society;(f)[ the sale of the land where it is being sold to a person who has been or is likely to be rendered landless on account of compulsory acquisition of his land for any public purpose; [Inserted by G.N. of 7.4.1978.]Provided that, no sanction for the sale shall be given under clause (f), if the Tribal is likely to be rendered landless as a result of the sale.Explanation - for the purpose of the proviso to clause (f), a person shall be deemed to be landless if he is a landless person within the meaning of that expression as defined in clause (17) of Section 2 of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961.](2)Where sanction is given for lease or mortgage, as the case may be in the circumstances specified in clause (b) or (c) of sub-rule (1), it shall be subject to the condition that the land shall not be put to any non-agricultural use.
