Maharashtra Governor curbs collector's power in tribal land sale

By exercising his special powers under Schedule 5 of the Constitution, Maharashtra governor Ch Vidyasagar Rao has clipped the powers of district collectors in the sale of tribal land to non-tribals, making such transactions even tougher.

The governor has issued a notification which stipulates that the collectors will have to seek permission from the gram-sabhas before allowing transfer of occupancy from tribals to non-tribals in scheduled areas.

The notification, which has come into effect on June 14, aims to ensure that in the scheduled areas tribal land alienation doesn't take place "due to economic duress, fraud or forgery". Incidentally, the Devendra Fadnavis government is mulling to open tribal land for market by easing out norms.

The move has also led to the amendment in Section 36 A of the Maharashtra Land Revenue Code 1966, which empowers collectors in such matters. "It has been done in the accordance with the PESA Act 1996 which seeks to further empower the gram sabhas in the tribal matters," said a highly placed official on condition of anonymity.

At present, sale of tribal land to non-tribals is restricted under the Revenue Code. However, it can be sold with the permission of the collector who has the power to allow such transaction with the government's nod. With such a system in place, a large chunk of tribal land in the state is alienated. Coercion, fraud, forgery and economic duress are considered as the major reasons.

The notification is in stark contrast with the SS Sandhu committee's report which has proposed to open tribal land for market by easing out norms of transferring tribal land to non-tribals in the MMR, cities and semi-urban areas for overall development and also to generate employment.

The 120-page report was tabled in the Tribes Advisory Council (TAC) meeting in April this year. The discussion on the report was deferred to the next meeting of the TAC after some members reportedly strongly opposed the move citing that it aims to further alienate the tribal land and seeks to benefit builders and industrialists.

Tribals constitute 9.35% (1.05 crore) population of Maharashtra. Every nine out of 10 tribals are dependent on farming or related work even as four of 10 are landless farmers.

Their land holding is nearly 137 lakh hectares (8.9%) spread in 15 districts — Thane, Palghar, Raigad, Nashik, Dhule, Nandurbar, Jalgaon, Ahmednagar, Pune, Amravati, Yavatmal, Nagpur, Gondia, Chandrapur, Gadchiroli and Nanded. An estimated 30 lakh hectares have been alienated, claim tribal activists.

As per the Sandhu committee's report a whopping 45,000 court cases of encroachment and illegal land transfer were registered in Maharashtra till 1999. Of these, in 20,900 cases tribals had won and 40,265 hectare land was given back to them. In 2014, 875 cases were registered. 698 cases were won by tribals and 1,353 hectare land was returned to them.

"The amendment would help to curb the alienation of the tribal land which is being grabbed by powerful lobbies for decades now using all means. These land transactions are often dubbed as distress sale by the government officials," said a tribal activist.

A tribal development official said, "Now Gram Sabhas are empowered enough. They are receiving tribal sub-plan funds directly in their accounts. They have also been granted rights to sale minor forest produce, they now have enough money to help those who are in distress to sell land due to marriage, health or other reasons,"

The governor had earlier used his special powers to enact the PESA Act 1969 in Maharashtra which allowed direct transfer of the tribal sub-pan funds to the gram panchayats in the schedule areas.