Section 36(4) in Maharashtra Land Revenue Code, 1966
(4)Notwithstanding anything contained in sub-section (1) or in any other provisions of this Code, or in any law for the time being in force it shall be lawful for an Occupant Class-II to mortgage his property in favour of the State Government in consideration of a loan advanced to him by the State Government under the Land Improvement Loan Act, 1883, the Agriculturists Loans Act, 1884, or the Bombay Non-Agriculturists Loans Act, 1928 or in favour of a co-operative society [or the State Bank of India constituted under Section 3 of the State Bank of India Act, 1955, or a corresponding new bank within the meaning of clause (d) of Section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, or the Maharashtra State Financial Corporation established under the relevant law] [These words were inserted by Maharashtra 36 of 1971, section 2(a)] in consideration of a loan advanced to him by such co-operative [society, State Bank of India, corresponding new bank, or as the case may be, Maharashtra State Financial Corporation] [The word was inserted, by Maharashtra 26 of 1971, section 2(b)], and without prejudice to any other remedy open to the State Government, [the co-operative society, the State Bank of India, the corresponding new bank or as the case may be, the Maharashtra State Financial Corporation] [These words were substituted for the words 'or as the case may be, the co-operative society', by Maharashtra 26 of 1971, section 2(c)] in the event of such occupant making default in payment of such loan in accordance with terms on which such loan is granted, it shall be lawful for the State Government, [the co-operative society, the State Bank of India, the corresponding new bank, or as the case may be, the Maharashtra State Financial Corporation] [These words were substituted for the words 'or as the case may be, the co-operative society', by Maharashtra 26 of 1971, section 2(c)] to cause the occupancy to be attached and sold and the proceeds to be applied towards the payment of such loan.The Collector may, [on the application of the co-operative society, the State Bank of India, the corresponding new bank or the Maharashtra State Financial Corporation,] [These words were substituted for the words 'on the application of the society', by Maharashtra 26 of 1971, section 2(d)] and payment of the premium prescribed by the State Government in this behalf, by order in writing reclassify the occupant as Occupant-Class I; and on such reclassification, the occupant shall hold the occupancy of the land without any restriction on transfer under this Code.Explanation. - For the purposes of this Section, "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 [and persons, who belong to the tribes or tribal communities, or parts of, or groups within tribes or tribal communities specified in Part VIIA of the Schedule to the order [made under] [This portion was added by Maharashtra 35 of 1974, section 2(3)] the said Article 342, but who are not residents in the localities specified in that Order who nevertheless need the protection of this Section and Section 36A (and it is hereby declared that they do need such protection) shall, for the purposes of those Sections be treated in the same manner as members of the Scheduled Tribes.]
