JUDGMENT - V.A. MOHTA, J.:---In these six petitions, the validity of the Maharashtra Tribals Economic Condition (Improvement) Act, 1976 ( the Act) is questioned.

2. Preamble gives the aims and objects and also the background of the Act. It reads :

"Whereas having regard to the economic and social backwardness of the Tribals owning to the geographical and social isolation in which they have lived hitherto, it is considered necessary to bring about within as short a time as possible an effective improvement in the economic condition of the Tribals;

And whereas one of the measures to bring about such effective economic improvement was to protect them from exploitation by certain unscruplous elements in society by making any lending made before the commencement of the Maharashtra Tribals Economic Condition (Improvement) Ordinance, 1976, invalid and void ab-initio and by prohibiting private agencies from lending them anything, and by prohibiting the marketing of certain agricultural produce in the Tribals areas in the State by private agencies and by permitting lending only through the State Government or specified agencies; and by providing suitable alternative arrangement in such areas for marketing of such produce through the State Government and other specified agencies and by providing for matters connected therewith :

And whereas both Houses of the Legislature of the State were not in session;

And whereas the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action for securing the purposes aforesaid, and therefore, promulgated the Maharashtra Tribals Economic Conditions (Improvement) Ordinance, 1976 on the 9th day of October, 1976;

And whereas it is expedient to replace the said Ordinance by an Act of the State Legislature and also to make certain other provisions for the purposes hereinafter appearing; It is hereby enacted in the Twenty-seventh Year of the Republic of India as follows."

3. Section 2 and sub-sections (1) and (4) of section 4 and provisions ancillary to those sections are deemed to be in force from 9th October, 1976. The remaining provisions can be brought into force in such Tribal areas and from such different dates as notified in the Government Gazette. Section 2, inter alia, defines the terms "Scheduled Tribes", "Tribal area", Section 3 gives over-riding effect to the Act. Section 4 makes the lending in cash or kind to Tribals, Invalid and applies the Maharashtra Debt Relief Act, 1975, to such invalid and void debts in a manner they apply to the debts which are deemed to be wholly discharged under that Act. Section 5 prohibits marketing and transport of specified agricultural produce except to the State Government or Tribal Authority or its agent. Section 6 deals with the appointment of agents for the purpose of purchase or sale of agricultural produce in the Tribal area. Section 7 deals with the power of the State Government or its authorised agent to fix purchase price of agricultural produce. Section 8 makes it mandatory for the State Government, Tribal Authority or its agent to purchase and sell agricultural produce at the specified prices and also to make arrangements for storing etc. Section 9 deals with the operation of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, over the specified Tribal area. Section 10 deals with the constitution and functions of the price fluctuation fund. Section 11 empowers a police officer not below the rank of Sub-Inspector with power of entry, search, seizure, etc. Section 12 deals with offences and penalties. Section 13 prohibits cognizance of offence punishable under the Act except with the previous sanction of the State Government or any authorized officer. Section 14 deals with the power to suspend the operation of the provisions of the Act. Section 15 deals with the delegation of powers. Section 16 provides for indemnity for the State Government or Tribal Authority or agent o

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