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[Cites 0, Cited by 1] [Section 3] [Entire Act]

State of Maharashtra - Subsection

Section 3(1A) in The Maharashtra Restoration Of Lands To Scheduled Tribes Act, 1974

(1A)Where any proceedings are taken under clause (ii) of sub-section (1) before the date of commencement of the Maharashtra Restoration of Lands to Scheduled Tribes (Amendment) Act, 1977 (hereinafter in this section referred to as “the commencement date”), in respect of any land purported to have been transferred by a Tribal-transferor, to a non-Tribal-transferee, otherwise than by exchange, and
(a)such proceedings are pending before the Collector or any appellate or provisional authority on the commencement date; and the Collector or such authority is satisfied, after giving a reasonable opportunity of being heard to both the parties, that there were transfers of lands by way of exchange between the parties within the meaning of the Explanation to sub-section (1), then,—
(i)if such proceedings are pending before the Collector, the Collector shall hold a fresh inquiry under clause (i) of sub-section (1) in respect of the lands deemed to be exchanged;
(ii)if such proceedings are pending before the appellate or provisional authority, such authority shall set aside the order of the Collector and direct the Collector to hold a fresh inquiry under clause (i) of sub-section (1) in respect of the lands deemed to be exchanged;
(b)such proceedings have been completed by the Collector or by any such authority, but the Collector, within a period of six months from the commencement date, is on an application made by any of the parties to the exchange, or suo motu, satisfied after giving a reasonable opportunity of being heard to both the parties, that there were transfers of lands by way of exchange between the parties within the meaning of the Explanation to sub-section (1), the Collector shall forthwith pass necessary orders to restore the status quo and then hold a fresh inquiry under clause (i) of sub-section (1) in respect of the lands deemed to be exchanged.