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Showing contexts for: Amendment Mode in Janu Chandra Waghmare And Ors. vs The State Of Maharashtra And Ors. on 14 July, 1977Matching Fragments
3. During the pendency of the petition the Scheduled Tribes Act was amended on 16-7-1974 by Maharashtra Ordinance No. 15 of 1974 whereby Section 5 of the parent Act was deleted, Section 6 was amended and injaili trees were included within the purview of the Act. The Ordinance was repealed and replaced by the Maharashtra Act 31 of 1974 under which the amendments made in the parent Act were made effective from 16-7-1974. The result was that whereas under the unamended Scheduled Tribes Act the sale of trees could be effected by-a member of the Scheduled Tribe in one of the two alternative ways viz. by private contract, subject to approval of the Collector under Section 5 or by the official machinery of seeking the assistance of the Collector under Section 6, under the amendment only one mode of effecting sale of trees by a member of the Scheduled Tribe remained available to him viz. by using the official machinery of seeking the assistance of the Collector under Section 6 and further that even the injaili trees had to be disposed of in accordance with the provisions of Section 6. It appears that while the application dated 27-6-1974 for approval of the contract was still pending, another application in continuation of earlier application was made on 20-7-1974. The earlier application was rejected on the ground that it was not in the prescribed form, while the second application was rejected on the ground that the same was not maintainable and did not survive after the amendment effected in the Scheduled Tribes Act on 16-7-1974 and the 1st petitioner was directed to apply for the Collector's assistance for selling the trees under Section 6 of the Scheduled Tribes Act as amended. This order rejecting the second application was passed on 28-10-1974. On 14-5-1975 the State Government issued a notification under Section 35(1) of the Indian Forest Act, 1927 in respect of the 1st petitioner's said private forest.