Replacement Series No. XXXV—p. 89 1948 : Bom. LXVIT] 2749 THE BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948, CONTENTS. Preaupiz. Szctiows. CHAPTER I. e Pamuierwanv. 1. Bhort title and extent. 2) Definitions. , CHAFTER IT. GENERAL PROVISIONS REGARDING TENANCIES. 3. Application of Chapter V of Transfor of Property Ast. 4. Porséns to be docmed tenants. 4A. Protected tenants. 5. Coiling area. 6. Economic holding. 6A. Irrigated land. 7, Power of Government to vary ceiling area and economic holding. 8. Rent and ite meximam and minimum. 9. Rate of rent payable by tenant to his landlord. 9A. Quantum of rent payable by tenant to landlord. 9B. Landlord not liable to make contribution towards cost of cultivation. 90. Liability of tonant to payment until rent is fixed under preceding sections. 10. Refund of ront recovered in contravention of the provisions of the Act and othor penalties. 10A. Liability of tenant to pay land revenue and oortain other cesses. 11. Abolition of all cosses, ete. 12. [Deleted.) 13. Suspensions or remissions of rent. 14. Tormination of tenancy for default of tonant. 15. Tormination of tenancy by surrender thereof. a 16. Bar to eviction from dwelling houss. 11. Tenant to bo given first option of purchasing site on wbich he has built dwelling house. ITA. Tonant’s right to purchaso sito referred to in section 16. 17B. Tenant to be deemed to have purchased sitos roferrod to in eoction 16 frou specified dato, 18, Dwolling houses of agricultural labourers, ote. 19. Tenant’ rights to trees planted by him. 20. Right to produco of natural growing trees. a1. . 22, enone responsible for maintenance of bouridory marks. 23. Repairs of protective bunds 24. Roliof agninst termination of tenancy in certain ease, Fr atae—1232K. 321. 32M. tion of tonancy for non-payment of rent. Tonanoy to be in abeyance during usufructuary mortgage in favour of tenant, Reooipts for rent. Sub-division, sub-letting end assignment prohibited. Bar to attachment, soizure or sale by process of court. Procedure of taking possession. Provisions of section 29 to apply to sites used for allied pursuits. Rights and privileges of tenants nat (o be affected. CHAPTER III” PROTECTED TENANTS, THEIR SPECIAL RIGHTS AND PRIVILEGES. Landlord’s right to terminate tenancy for personal cultivation and non-agricultural purpose. Conditions of termination of tenancy. No terinination of tensncy in contravention of Bom, LXHT of 1947 or if tenant is mombor of co-operative farming society. [Deleted] Landlord not entitled to terminate tenancy for personal cultivation of land loft with tonant. Apportionment ofrentafter termination of tenancy forland left with tenant. ‘Tenants deemed to have purchased land on tillors’ day. ‘Tenants deemed to have purchased up to ceiling area. When tenants not deomed to have purchased lands. ‘When tonants entitled to choose lands to be purchased. ‘Whon tenants deemed to have purchased fragments. Disposal of belance of lands after purchase by tenants. Right of tenant to purchase where landlord is minor, eto. Tribunal to issue notices and determine price of land (0 be paid by ten ants. Purchase price and its maxima. Sub-tenant of permanent tenant to be deemed to have purcbssed land. [Deleted] ‘Mode of payment of price by tenant-purobaser and the poner of Tribunal to rocover purchase price. [Repeated.] Purchase to be ineffective on tenant—purchaser’s failure to pay purchase Price. 32MM. Cortain purchases not to become ineffective, 32N. 320. 32P, 32Q. 32k. 33. 33A. 33B. Landlord’s right to recover rent when purchase becomes ineffective. Right of tenant whose tonancy is created after tiller’s day to purchase lana. Power of Collector to resume and dispose of land not purchased by tenants. Amount of purohase price to be applied towards satisfaction of debts, Purchaser to be evicted if he fails to cultivate personally. Behe of of protected tenants to oxchange land. Special right of ‘certificated landlord to terminata tenancy for personal cultivation.Replacement Series No, LXXXIX—p. 37 1948 : Bom. LXVEL] Bombay Tenancy and Agriculiural Lands Act, 1948 2151 ‘SecTions. - 33C. Tenants or lands mentioned in section 88C to be deemed to have purchased land and other incidental provisions. 34. [Deleted]. . 344, Holders of land to furnish particalars of land to Mamlatdar. 35, (Deleted) 35-A. Determination of excess land cases. 36. "Fragment in excess of economic holding or ceiling area may be petmitted. to remain with holder. 37. Landlord to restore possession if he fails to cultivate within oie year. 38. (Deleted.) 39. Application for recovery of possession by tenant. 40. Continuation of tenancy on the death of tenant. 41. Compensation for improvement made by protected tenant. 42. Protected tenant’s right to ereet farm house. 43. Restriction on transfer of land purchased or sold under this Act, CHAPTER BL-AA, SEECIAL PROVISIONS FOR TERMINATION OF TENANCY BY LANDLORDS WHO ARE ‘OR, HAVE BEEN SERVING MEMBERS OB THE ARMED FORCES; AND FOR PURCHASE OF THEIR LaNos BY TENANTS, 431A, Definition. 3-IB’ Right of landlord to terminate the tenancy. + 43-1C. Transfer of pending procecdings to Collector and State Government. 43-1D. Right of tenant to purchase land from landiord. 431E. Saving . CHAPTER III-A. SPECIAL PROVISIONS FOR LANDS HELD ON LEASE BY INDUSTRIAL OR ComMeRciat UNDERTAKINGS AND BY CERTAIN PERSONS FOR THE CULTIVATION OF =~ SUGARCANE AND OTHER NOTIFED AGRICULTURAL. PRODUCE. 43-A. Some of the provisions not to apply to leases of land obtained by industrial or commsrcial undertakings, certain co-operative socicties ot for culti- vation of sugarcane or fruits or flowers.« 43-B, Reasonable rent of land to which section 43-A applies. CHAPTER 11-8, SPECIAL PROVISIONS IN RESPEC OF THE AREAS WITHIN LiMiTs OF A MUNICIPALITY. * "OR A CANTONMENT 43-C." Certain provisions not to apply to municipal or cantonment aréas. 43-D. [Deleted] . CHAPTER IV, MANAGEMENT OF ESTATES HELD BY LANDHOL| 44. Power to assume management of landholder's estate. 45. Vesting of estate in management. : 46. Effeot of déclaration of management 47, Manager's powers. . 48, Manager to pay costs of management, etc.2752 Bomday Tenancy and Agricultural Lands Act, 1948 (1948 : Bom. LXVIL SecTION;. 49. Notice to claimants, 50. Claim to contain full particulars, 5L. Claim not duly notified to be barred. 52, Determination of debts and liabilities. 53. Power to rank debts and fix interest. 34, Scheme for liquidation, 35. Provisions of scheme. 56. Effects of sanctioning scheme, 57. Power to remove mortgagee in possession. 58. Power to sell or lease. ’ 39. Manager’s receipt a discharge. 60. Holder of estate dying. 61. Termination of management. 62. Manager deemed to be public servant. CHAPTER V. . RESTRICTIONS ON TRANSFERS OF AGRICULTURAL LANDS, MANAGEMENT OF 6 Uncurtivatep LaNpS AND ACQUISHION OF ESTATES AND LANDS 63. Transfers to non-agriculturists, barred, 63-IA. Transfer to non-agriculturist for buna fide industrial use, 63-A. Reasonable price of land for the purpose of its sale and purchase. . Sale of agricultural land to particular, person. 64-A. Exemption to sales by or in favour of co-operative gocieties. 65. Assumption of management of lands which remained uncultivated, 66. Acquisition of estate or land under management or interest therein. ‘ CHAPTER V-A, CoNSTRUCTION OF WATER-COURSE THROUGH LAND oF ANOTHER. [Deleted} CHAPTER VI. PROCEDURE AND JURISDICTION Oz T;RIBUNAL, MAMEAATDAR AND COLLECTOR APPEALS AND REVISION Tribunal. Duties of the Tribunal. Powers of the Tribunal. + Duties of the Mamlatdar. Commencement of proceedings. Procedure. . Distribution of business amongst Mamiatdars. Power of Collector to transfer proceedings. Application for possession of land made to different Mamlatdars to be heard by designated Mamlatdar. TC. _Desighated Tribunal to conduct proceedings ii respect of land held by the . BE same tenant in different areas. 73. “Execution of order for payment of money or for restoring possession. 73-A. Powers of Collector in inquiries under sub-section (3-4) of section 29 ; Provision as respects revision and execution of orders, 74. Appeals. T4-A. Powers of Collector to transfer and withdraw appeals.Replacement Series No. LVII—p. 23 1948 : Bom. LXVI] Bombay Tenancy and Agricultural Lands Act, 1948 2753 SecrioNs. 75. Appeal against award of Collector, 7 Revision, 76A. — Revisional powers of Collector. - 77." Courv-fees. 78. Orders in appeal or revision. 79. Limitation. . 80. Inquiries and proceedings to be judicial proceedings. 80A. (Deleted). . CHAPTER Vil OFFENCES AND PENALTIES 81. Offences and penalties, CHAPTER VII . ‘MISCELLANEOUS 82," Rules, 83. Delegation of powers and duties, . 834. Restriction on acquiring land by transfer which is invalid. 84. Summary eviction. 84A. Validation of transfers made before appointed day. 84B. Certain transfers made between appointed date and commencement of . ‘Amending Act, 1955, invalid. 84C, Disposal of land, transfer or acquisition of which is invalid. . 84CC. Disposal of and, transfer or acquisition of which is invalid for breach of conditions. 84D. Temporary leases of land liable to be disposed of under section 32P or 84C. 85. Bar of jurisdiction. 85A. Suits involving issues required to be decided under this Act. 86, Control. 87, Indemnity. 87A. Saving in respect of provisions of Land Tenures Abolition Acts. 88. Exemption to. Government lands and certain other lands. 88AI. Special provisions in respect of tenants of certain lands in villages speci- fied in Schedule IV. 88A, Provisions of Act not to apply to land transferred to or by Bhoodan Samiti. 88B. Exemption from certain provisions of lands to local authorities, univer- sities and trusts, 88C. Exemption from certain provisions to lands leased by persons with the income not exceeding Rs. 1,500. 88CC. ions of Act not to apply in relation to certain Icases. 88CA. Sections 32 to 32R not to apply to certain service lands, 88CB. Sections 32 to 32R not to apply te saranjams, 88D. Power of Government to withdraw exemption. 89. Repeal. 89A. Removal of doubt. 90. Enactments amended. ScHepure I. Scuepute II. Scueoure Il. Scuroure IV. (B99Replacement Series No.XCI—p. 262. . 2755 XU of 1956. BOMBAY ACT No. LXVHl OF 1948! [fue Bowpay Tenascy ano AcricutturaL Lanos Act, 1948.] [Received the assent of the Governor General on the 16th December 1948 ; asssent first published in the Bombay Government Gazette, Part IV, on the 28th December 1948.] Adapted and modified by the Adaptation of Laws Order, 1950. Amended by Bom. 12 of 1951. > » 34 0f 1951. « : > > 45 0F1951. » s » 330f1952. * * » —600f1953. 13 of 1956. ‘and modified by the Bombay Adaptation of Laws concurrent s damteand modified by the Bombay Adaptation of Laws (State and Concurrent Amended by Bom. 15 0f1957.* * » > 380f19574 > = 63 0f1958.t Adapted and modified by the Maharashtra Adaptation of Laws (State and ‘Concutfent Subjects) Order, £960. Amended by Mah. 9 0f 1961. » > » 270f 1961. * » » 360f1962. ” » » 80f1963. > > » 39081964. » > > 310F1965. » * » 40F1966. ” . » 410F1966. * * » 490F1969. > > » 350f1974,(6-7-1974).§ > y 210£1975(19-9-1975).§ ” » > 100f1977(11-3-1977)§ Me > 50F1982(6-2-1982).§ * » 100f2001(23-12001).§ An Act to amend the law relating to tenancies of agricultural lands and to make certain other provisions in regard to those lands. WHEREAS it is necessary to amend the law which governs the relations of landlords and tenants of agricultural tands ; + For Statement of Objects and Reasons, sce Bonbay Government Gazete, 1948, Pat V, page 295. 1 Section 17 of Bor, 15 of 1957 read a fllows =~ 7. The amendments rade tothe said Act by sections 2,3, 4, 5, 6,7, 8, 9, 11, 12,13 and 14 and by sub- Certain ‘These wards were inserted by Bom. 15 of 1957, s. 2a). ” ‘Clausses (24), (28). (2C), 2D) and (2) were substituted forthe original clause (24) by Bom. 13 of 1956,s. 2(2). 4 This portion was inserted by Bom. 15 of 1957, s. 2 (2).risen) . Replacement Series No. XX—p. 96 1948 : Bom. LXVI] Bombay Tenancy and Agricultural Lande Act, 1948 2756A (2B) ‘‘Collector” includes an Assistant or Deputy Collector performing Bom. the duties and exercising the powers of the Collector under.the Bombay Land Tey, Bovenue Code, 1879, or any othor officer specially empowered by the State Government to perform the functions of the Collector under this Act ;] (3) ‘Co-operative Society '? means a society registered under the provisions of Bom. the Bombay Co-operative Societies Act, 1825, or a society deemed to have been Yilot registered under the said Act ; ee, (4) **Co-operstive Farming Society ” means a society registered as such undor Tic! the Bombay Co-operative Societies Act, 1925 ; . 9 14(5) “to cultivate ” with ite grammatical varistions end cognate expressions means to till or husband the fend for the purpose of raising of improving agricultural produce, whether by manual labour or by mmeans of cattle or + machinery, 07 to cerry on apy agricultural operation thereon ; nnd the expression “uncultivated ” shall be construed correspondingly ; Ezplanation— A. person who takes up a contrect to cut grass or to gather the fraite or other produce of trees on say land, sholl uot on that! account only ‘be deemed to cultivate such land ;} 4(6) ‘to cultivate personslly ” means to cultivate lend on one’s own account— @) by one’s own labour, oF (#) by the Isbour of any member of one’s family, or ° (tii) under the personal supervision of oneself or any member of one’s family by hired labour or by servants on wages payable in cach ‘or kind but rot in orep eharo, being land, the ontire area of which— (2) is situate within the limite of a single village, or @ (6) isso situated that no piece of land is separated from another by distance of more than five miles, or (c) forms one compact block : WR Teivclnuse was substituted for the original by Bom. 18 of 1966, «- 2 (8). ‘ 2 Thinolauto wes substituted for tho original, sbsd.y.2 (4).Be Replacement Sertes No. XLV—p. 9 1948: Bom. LEVI] Bombay Tenancy and Agricultival Lands Act, 1948 2157 Provided that the restrictions contained in clauses (a), (6) and (c) shall not apply to any land— ed twice the ceiling area, Gi) up to twice the ceiling area, if such land exceeds twice the ceiling area, —A widow or a minor, or a person who is subject to physical m ity, or a serving member of the armed forces shall be deemed to cultivate the land personally if such land is cultivated by servants, or by hired labour, or through tenants. Explanation 11—In the case of a joint family, the land shall be deemed to have been cultivated personally, if it is cultivated by any member of such ayy * . . . * . [(64) “‘economic holding” means in relation to land held by @ person whether as an owner or tenant or partly as owner and partly as tenant, the area of land fixed as an economic holding under section 6 ot 7; (6B) “ fragment” means a fragment as defined in sub-section (¢) of section 2 af the, Bombay Prevention of Fragmentation and Consolidation of Holdings ct, . (6C) “to hold land” as an owner or tenant shall, for the purposes of clause (2D) of this section and {sections 32 (7B), 32A}, 32B, “and 63], mean to be lawfully in actual possession of land as an owner or tenant, as the case may be ;} (2) “Improvement ” means with reference to any fand, any work which adds to the value of the land and which is suitable thereto as also consistent with the purpose for which it is held ; and includes— {a) the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes ; (6) the construction of works for the drainage of land or for the protection of land from floods or from erosion or other damage from water ; (c) the reclaiming, clearing, enclosing, levelling or terracing of fand ; (d) the erection of buildings on the tand, required for the convenient or profitable use of such land for agricultural purposes ; and (©) the renewal or reconstruction of any of the foregoing works or alterations therein or additions thereto as are not of the nature of ordinary repairs ; but does not include such clearances, embankments, levellings, enclosures, temporary wells, water channels and other works as are commonly made by the tenants in the ordinary course of agriculture ; {{(7A) “ joint family" means an undivided Hindu family, and in the case of other persons a group of unit the members of which are by custom joint in estate or residence ;] . 74(8) “land” means— (@) land which is used for agricultural purposes Yor which is so used but is left fallow, and includes the sites of farm buildings} appurtenant to such land ; and * Clause (64d) which was inserted by Bom. 38 of 1957, s. 2(7) was deleted by Bom. 63 of 1958, s. 2. "These clauses were inserted by Bom. 13 of 1956, s.'2(5). *-This clause was inserted by Bom. 15 of 1957, 8.2 (0), | « These word, figures, letters and brackets were substituted for the word, figures and fetter “ sections 32A.” by Mah. 49 of 1969, 5. 2. Sch, *The word and figures“ and 63" were substituted for the figures and word “34 and 35" by Mah, 27 of 1961, s. 48, Second Schedule, This clause was added by Bom. 13 of 1956, s. 2(6). 1 This clause was substituted for the original, ibid. s 27). {The words were ube for che word “and thie of frm bulsings "by Bom. 15 0f 1957 . . :2758 Bombay Tenancy and Agricultural Lands Act, 1948 (1948 : Bom. LXVIT (@) for the purposes of sections 11, 16, 17, I7A, 17B. 18, 19, 20, 26, 28, 29, 29A, 30, 41, 63, 64, 64A, 84A, 84B and ‘g4c_ “@ the ‘sites of dwelling ‘houses occupied by agriculturists, agricultural Jabourers or artisans and land appurtenant to such dwelling houses ; Ai) the sites of structures used by agriulturists for allied pursuits] (9) “* Landholder” means a zamindar, jagirdar, saranjamdar, inamdar, taluk- der, malik or a khot or any person not hereinbefore specified who is a holder of land or who is interested in land and‘whom the 1[State] Government has declared on account of the extent and value of the land or his interests therein to be a landholder for the purposes of this Act , (9A) “landless person" means a person who, holding no land for agricul- ist by tural purposes, whether as an owner of tenant earns his livelihood princi manual labour ; and intends to take to the profession of agriculture and is capable of cultivating land personally ;] (10) Mamlatdar” includes a Mahalkari and any other officer, whom the ‘Bate Government may appoint 0 perform the duties of a Mamlatdar under thie °{(104) “ permanent tenant” means a person— (@) who immediately before the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955 (hereinafter called “the ‘Amending Act, 1955."),— (@ holds land as’ mulgenidar or mirasdar ; oF (i) by custom, agreement, or the decree or order of a Court holds the land on lease permanently : or 2) ‘the commencement or duration of whose tenancy cannot satisfactorily’ be proved by reason of antiquity ; and includes a tenant whose name or the name of whose predecessor-in-title has been entered in the record of rights or in any public record or in any other revenue record as*a permanent tenant immediately before the commencement of the Amending Act, 1955 ;] (1D) “ Person inciudes a joint}* — * family ; (12) “ Prescribed" means prescribed by rules made under this Act ; (13) “ Profits of Agriculutre” in respect of any land means the surplus semaining with the holder] after the expenses of cultivation including the wages of the cultivator working on the land are deducted from the gross produce ; pdEsplanarion If the members of the family of a holder work on the land for of cultivation thereof, the labour of such members shall be taken {tol acunt estimating the expenses of cultivation referred to in this clause;] (24) “ Protected tenant” means person who is recognised to be a protected tenant "funder section 4-A] : ” ‘ . . ‘ * . . * This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, ‘This Cause was inorted by Bom TS of 19860086) AS ce a This’ clause was added, id. 5. 2 @). ‘These words were substituted for the words an undivided", (bd, s. 2 (10) Re ck ‘ 5 were sul forthe words “ with the cultivator * 13 of 1956, 4.2. saci ameaan rei 3, 2.(10) (). ” S86 0 20. # These wor aries CS) was deleted, ibid, s. 2413). rds, Ggure and letter were substituted for the words and figures “ under section 31", i956. aReplacement Series No, XCI—p. 263 2759 1948 : Bom. LXVII] Bombay Tenancy and Agricultural Lands Act, 1948 (16) “ Rent ” means any consideration, in money or kind or both, paid or payable by a tenant on account of the use or occupation of the Jand held by him but shall not include the rendering of any personal service or labour; 4(16A) “ serving member of the armed forces ” means a person in the service of the armed forces of the Union : provided that if question arises whether any person is a serving member of the armed forces of the Union, such question shall be decided by the State Government, and its decision shall be final; (16B) “small holder” means an agriculturist cultivating land less in i) area than an economic holding who earns his livelihood principally by * agriculture or by agricultural labour ; . (17) “Tenancy” means the relationship of landiord and tenant; 2{(18) “tenant” means a person who holds land on lease and indlude— (a) a person who is deemed to bea tenant-under section 4; (6) a person wlio is a protected tenant; and (c) a person who is a permanent tenant; -and the word “ landlord ” shalll be construed accordingly] ~ (9) “Tribunal” means the Agricultural Lands Tribunalconstituted under section 67; . + (20) “village” means a village recognized as such in-the revenue accounts ; } 4[(20A) “ warkas land” means land which is used for the purpose of rab manure in connection with rice cultivation and is classified in the y revenue record as warkas ;} : (21) Words and expression used in this Act but not defined shall have Bom. the meaning assigned to them in the *Bombay Land Revenue Code, 137! 1879, and the Transfer of Property Act, 1882, as the case may be. we : CHAPTERII " Generat, Provisions REGARDING TENANCIES Wot 3. ‘The provisions of Chapter V of the Transfer of Property Act, Application | 1882. 1889, shall in so far as they are not inconsistent with the provisions of of rarer Ve this Act, apply to the tenancies and leases of land towhich this Act applies. Property Act. Clauses (/64) and (/68) were inserted by Bom. 13 of 1956, s. 2(74).. ‘This clause was substituted for the original, ibid, 5. 2(/5). “This clause was substituted for the original, ibid, s. 2(/6). This clause was inserted by Bom. 15 of 1957, s. (a). Now, sce Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966). 4156-6802760 [1948 : Bom. LXVII Bombay Tenancy and Agricultural Lands Act, 1948 Persons to 4. A person lawfully cultivating any land belonging to another be deemed persons shall be deemed to be a tenant if such land is not cultivated " personally by the owner and if such person is not— (a) a member of the owner's family, or (0) a servant on wages payable in cash or kind but not in crop share or a hired labourer cultivating the land under the personal supervision of the owner or any member of the owners, family, or (c) a mortgagee in possession. Explanation *{(1)].—A person shall not be deemed to be a tenant under this section if such person has been on an application made by the owner of the land as provided under section 2-A of the Bombay Tenancy Act, 1939, declared by a competent authority not to be a tenant. [Explanation 11.—Where any land is cultivated by a widow or a minor or a person who is subject to physical or mental disability or a serving member of the armed forces through a tenant then notwithstanding anything contained in Explanation I to clause (6) of section 2, such tenant shall be deemed to be a tenant within the meaning of this section] 2((2) Notwithstanding anything contained in sub-section (1), where any land in the Ratnagiri and Sindhudurg district is being cultivated by a person (other than the person who, according to the Records of Rights, has right to cultivate), for not less than 12 years, such person shall be deemed to be a tenant for the purposes of this section if there is circumstantial evidence that he has been uninterruptedly cultivating the land personally and the Sarpanch, Police Patil the cultivator of the adjoining land and any other respectable person from the village state on affidavit that, the said land in is the possession of, and is being cultivated by, such person, uninterruptedly for not less than 12 years, accompanied by a resolution to that effect passed by the Village Panchayat in whose jurisdiction the land is situated. Explanation —For the purpose of this sub-section, the expression Ca “land” includes the“ warkas land. Explanation IZ.—For the purpose of this sub-section, the expression “ circumstantial evidence ” includes extract of voters list, ration card, electricity bill-or house assessment réceipt from the same village or any receipt in respect of sale of agriciiltural producé or any document regarding permission of feeling of trees or excavation of minor mineral or any such permission granted with respect to such land. (3) Notwithstanding anything contained in sub-clause (a) of clause (i) of sub-section (1) of section 32H, the purchase price in such cases shall be 200 times the assessment.] : ‘The existing explanation was renumbered as Explamation | and Explanation HH was inserted by Bom. 38 of 1957, s. 3. + Section 4 was renumbered as sub-section (/) thereof aid after sub-section (as so renumbered, sub-section (2) was added by Mah. 10 of 2001, s. 2.Replacement Series No. XCI—p. 264 2760 A 1948 : Bom. LXVII] Bombay Tenancy and Agricultural Lands Act, 1948 Bem“ \[4A. For the purposes of this Act, a person shall be recognized to IX ‘be a protected tenant, if suth person has been deemed to be a protected 1939, tenant under sections 3, 3A and 4 of the Bombay Tenancy Act, 1939, referred to in Schedule I to this Act. 4B, No tenancy of any land “other than the tenancy’of the land duly sanctioned under section 36 or section 36A of the Maharashtra Land Revenue Code, 1966)] be terminated merely on the ground that the period fixed by agreement or usage for its duration hias expired] 5{5. (1) For the purposes of this Act, the ceiling area of lands shall be— (@) 48 acres of jirayat land, or (b) 24 acres of seasonally irrigated land or paddy or rice land, or (c) 12 acres of perennially irrigated land. (2) Where the land held by a person consists of two or more kinds of and specified in sub-section (1), the ceiling area of such holding shall be determined on the basis of one acre of perinnially irrigated land being equal to two acres of seasonally irrigated land or paddy or rice land, or four acres of jirayat land. “{Explanation.—In calculating the ceiling area, warkas land shall be excluded.] 6. (1) For the purposes of this Act, an economic holding shall be— (a) 16 acres of jirayat land, or (6) 8 acres of seasonally irrigated Jand, or paddy or rice Jand, or (c) 4 acres of perennially irrigated land. . (2) Where the land held by a person consists of two or more kinds of land specified in sub-section (7), an economic holding shall be determined on the basis applicable to the ceiling area under sub-section (2) of section 5. 8{Explanation.—In calculating an economic holding, warkas land shall be excluded.) GA. For the purposes of this Act,— (a) irrigated land, whether perennially or seasonally irrigated, shall not include land irrigated by sources other than canals or bandharas Bem. within the meaning of the Bombay Irrigation Act, 1879, or any lift ev. irrigation system constructed or maintained by the State Government; (®) seasonally irrigated land shall include alhvail land and Jand situated in the bed of a river and seasonally flooded by th» water of such river. Seations 4A and 4B were inserted by Bom. 13 of 1956. “This portion was inserted by Mah. 35 of 1974, Sch. “These sections were substituted for sections 5,6, 7, Band Sby Bom 13.0f1956, s. 4 ‘This Explanation was added by Bom. 15 of 1957, s. 3. ‘This Explanation was added, ibid. . 4. Protected tenants, ‘Tenancy not to be terminated by efflux of time. Ceiling area. Economic holding. IrrigatedBom. Vor 1879, Bom. XX: IXof 1964. Replacement Series No. XXVI—p. 50 1948: Bom. LXVO) Bombay Tenancy and Agricultural Lande Act, 1948 2761 7. Notwithstanding anything contained in sections 5 and 6, it shall be lawful Power of for the State Government, if it is satisfied that it is expedient so to do in the Q°yorymom* public interest, to vary, by notification in tho Oficial Gazete, the acreage of the ceiling ceiling area or economic holding, -or the basis of determination of such ceiling 9 8"4, area or economic holding, under sub-section (2) of section 5, regard being had to— holding. (a) the situation of the land, (®) its productive capacity, (c) the fact that the land is located in a backward area, and (@) any other factors which may be prescribed, 8. (1) Subject to thp provisions of this Act,— Rent and {o) but notwithstanding any law, custom, usage, agreement’ or the decree or mum snd order of a court, the rent payable shalll be paid dennally, and in cash ; minimam. (6) euch rent shall not exceed five times the assessment payable in respect of the lond or twonty rupees per sore, whichever is less, and shall not bo less than twice such assessment : Provided that where the amount equal to twice the assessment exceeds the sum of twonty rupees per acre, the rent shall be twico the assessment. (2) For the purpose of this section “‘ assessment” means— «_ (#) in areas in which a settlement hes been made under Chapter VIII-A of the Bombay Lend Revenue Code, 1879, or in which tho assessment has been fixed under section 52 of the said Code the assessment so settled or fixed ; (ii) in areas to which rulo 19N of the Land Revonuo Rules (1921) applies auch assessment as may be levinble under that rule ; (#2) in ates to which the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 applies the assessment fixed under section 7 of that Act; + (iv) in areas in which the assessment is payable in crop shere or produce, such assessment as may be fixed by the State Government in accordance with the principles laid down in rale 19-0 of the Land Revenue Rules (1921). (8) If by custom, usage, agreement or the decreo or order of a court, the mount of rent payable is less than -the maximum or minimum specified in sub-section (1), the amount so payable shall be the rent in respect of tLe land. Explanation. —In respect of any land which is partially o wholly exempt from the payment of land revenue, the fall amount of assessment leviable-in respoct of auch land shall be deemed to be the assessment in respect thereof for the pur- ‘pose of sub-section (1), as if the land was not exempt from the payment of land revenue either partially or wholly. « 9, (1) Subject to the maximum and. minimum limits of rent fixed under se0- Rate of tion 8, the Mamlatdar shall for each village, or group of villages or for any aren “it pay in such village or group, within his jurisdiction, fix the rate of rent payable by tenant a tenant for the lease of different classes of land situate in euch village, or group to hie of villages, or areas, as the case may be. landlord. 4["{Provided that this sub-soction shall not apply to rent payable in accordance with the provisions of eub-section (3) of soction 8 where it is lower than the rent at tho rate fixed by the Mamlatdar under this section} 2 This proviso was added by Bom. 16 of 1067, * This proviso was aubutituted for the original om, 38 of 1967, 0.4.2762 Bombay Tenancy and Agricultural Lands Act, 1948 [1948 : Bom. LXVII (2) In arriving at such rate the Mamlatdar shall have regard to the ronts, prevalent in the locality, the productivity of the lands, the prices of commodities and such other factors as may be prescribed. (3) The rate of rent _so fixed shell continue for # period of five years and shall be liable to bo revised by the Mamlatdar thereafter at the end of each euccessive period of five years: Provided that the rate of rent go fixed, if not revised at the end of any such period, shall continue until it is so revised. (4) The rent payable by a tenant to his landlord in respect of any land in a villago, or group of villages, or areas, shall be at the rate fixed under sub- section (1) : Provided that tho Momlatdar or the Collector, subject to the provisions of section 8, may at any time during any euch period of five years, on an application made to him in this behalf— (reduce the rent, if he is satisfied that on account of the deterioration of the land by flood, or other cause beyond the control of the tenant, the land hos boon wholly ot partially rendered unfit for cultivation, oF (4) enhance the rent, if he is satisfied that on account of any improvement made in tho land, at. the expense of the landlord, there hss been an increase in the agricultural produce thereof. : Quantum of 9A. (I) The rent payable by a tenant shall, subject to the maximum and Ertgesho minimum fixed under section 8, bo the rent at the rate fixed under section 9 tOlandiord. in respect of the class of land to which the lend held by the tenant belongs %for where ront payable under the operation of sub-section (3) of section 8 is lower than the rent at the rate fired under eection 9, such lower rent] : (Provided that, where any land held by a tenant is wholly or partially exempt from the payment of land-revenue and the rent payable in respect of such land ia at the rate fixed under section 9, then the amount of rent shall be increased by ‘sum equal to the aggregate of the following emounta, that is to say,— (i) the amount of full assesemont leviable in reepect of such land, (ii) the amounts of the ceases mentioned in clauses (b), (o) and (d) of sub- section (2) of section 10A, levied or leviable in respect of such land under the relevant law, and the tenant shall be liable to pay rent as 80 increased : Provided further that, if the amount of rent as so increased payable by the tenant for any year exceeds the value of ono-sixth of the produce of the land in that year, the tenent ball be entitled to deduct from the ront for that year the amount 0 in excess, and the quantum of rent payable by the tenant to his landlord for that year shall be deemed to have been reduced to the extent of such deduction. } (2) If there is a dispute regarding the class to which any land belongs, cither of the parties to the dispute may apply to the Mamlatdar who shall, after making an inquiry,’ docide the dispute. This portion was substituted for tho originsl by Bom. 88 of 1957, #. 5. LFASE prove wore odded by Mab. BSE M601, o BeReplacement Series No. XXVI—p. 51 ; 1948: Bom. LKVIN] Bombay Tenancy and Agricultural Lands Act, 1948 21624 9B. Notwithstanding ‘any law, usage or agreement or the decree or order ah of a court in the case of land in respect of which the ront has been fixed under Mi ttt. section 9, a landlord shall not be liable to make any contribution towards the wontribation cultivation of the land in the possession of his tenants. aie 9C. Until tho rent is fixed in accordance with the provisions of the preceding Lishtit; sections, a tenant shall, eubject to the maximum provided under section 8, bo liable of tert to to pay to the landlord the rent at the rate at which it was payable immediately tem before the commencement of the Amending Act, 1955 ; and if such rent was payable is fea in crop share or produco, either partly or wholly, the valuo of euch crop share or ERMoT prone produce shall be determined in the prescribed: manner. ing eoctions, 10. If any landlord recovers rent from any tenant, in contravention of the Refund of provisions of section #{8, 9, 9A, or 9] ho shall forthwith refund the excess amount fo"! ov recovered to the tenant and shall be liable to pay mich compensation to tho tenant vention of tho as may bo determined by the Mamlatdar in this behalf and shall also be liable to provisions such penalty as may be prescribed by rules made under thie Act. of tha fee penalticn "HOA. (1) Subject to the provisions of sub-section (2), every tenant shell uabiity be liable to pay in respect of the land held by him as o tenant— (a) the land revenue. in accordance with the provisions of the Bombay Land SuR renee ind certain Revenue Code, 1879, other ones, (0) the irrigation cess in accordance with the provisions of the Bombay Irrigation Act, 1879* (0) the cess levied under section 98 of the Bombay Lov! Boards Act, 1923 as amended in Schedule II to this Act [and] 5[(d) the cess levied under section 89-B of the Bombay Village Panchayats ‘Act, 1933.] (2) If the aggregate amount of— (6) the land revenue payable by @, tenant under clause (a) of sub-section (1), (Gs) the cess payable by him under {clauses (¢) and (d)} of sub-section (2), and (sis) the rent payable by him to the landlord under section 9 or 90, as the case may for any year exceeds the value of one-sixth of the produce of such Jand in that year, the tenant shall be entitled to deduct from the rent for that year the amount so in excess, and the quantum of rent payable by the tenant to his landlord for that year shall be deemed to have been reduced to the extent of such deduction. £Thowo gure, letters and word wore abetituted forthe Ggures and werd"6, 7, % or 9” by Bom. 13 of 1050, 5. 5. . "This section wag inserted by Bom, 13 of 1056, ». 6. "Tho word ‘* ond ” waa deleted by Bom. 98 of 1957, 6a. tuted for the word, braskbts oud lettce * olaugo (¢)27628 — Bombay Tenancy ‘and Agricultural Lands Act, 1948 (1948: Bom. LXVIL (8) Nothing in sub-sections (1) aud (2) shall apply to any land held by— (a) 9 tenant in a Scheduled area ; (b)a tenant who is paying to the landlord the rent 2* * * * * under sub-section (3) of section 8 [until such tonant is doomed to have purchased the land under section 32 or purchases tho land under soction 32F or 32-0 and tho purchase price is determined under section 32H]; } 8{(c) a tenant, where such land ia wholly or partially exempt from the payment of land revenue.} Abolition of 11. ¢{(Z) Notwithstonding any agreement, usage or law, it shall not be lawful cesses et or any landlord to levy any cess, rate, vero, huk or tax or service of any-descrip- tion or donomination whatsoever from any tenant in of any land bel by him iva touant other than the zont lawfully dein roepect ef mel °[(2) Nothing in sub-section (1) shall affect the lisbility of a tenant to pay any of the oosses under section 10A.} 1 Tho words “* ‘sgrood upon between him end the landlord ” wore deloted by Bom. 38 of 1967, 0.6 (2). portion waa inserted by Bom. 63 of 2058 «: 3. {GAG as amaed by Mae Sof 181 8 «This section was renumbered as eub-2ection (J) of that section by Bom. 18 of 1956, a. 7. * This eub-ooction was inswtad, sd. 8eo se Replacement Series No. EXXVII—p. 21 : 1948 : Bom. LXV] Bombay Tenancy and Agricultural Lands Act, 1948 2163 ° 12, [Enquiries as regards reasonable rent.) Deleted by Bon. 13 of 1956, 5. 8. 13. (1) Notwithstanding anything contained in section 84A of the Bombay Suspensior Bo.m Land Revenue Code, 1879 whichever from any cause the payment of the whole or zemissiong] ~ X,gf Land revenue payable to Government * * * in respect of any land is suspended 9" fet " or remitted the landlord shall "unless the State Government by any general or special order otherwise directs,] suspend or remit as the case may be, the payment to him of the rent of such land by his tenant. If in the case of such Jand the Jand revenue is partially suspended or remitted, the Jandlord shall [unless the State Government by any general or special order otherwise directs,] suspend or remit the rent payable by the tenant of such land in the same proportion. (2) If no land revenue is payable to Government in respect of such land and if from’ any cause, the payment of the whole or any part of the land revenue-payable . to Government in respect of any other and in the neighbourhood of such land has been suspended or remitted, the Collector shall, subject to the general or special orders of Government, in the manner provided in sub-section (/) stispend or remit, as the case may be, the payment to the landlord of the rent or part of it due in respect of such fand. (3) No application for assistance under sections 86 and 87 of the Bombay Land Rom. Revenue Code, 1879, shall be entertained, no suit shall lie and no decree of a Civil 1879, Court shall be executed for recovery by a landlord of any rent, the payment of which thas been remitted, or during the period for which the payment of such rent has been suspended under this section. "The period during which the payment of rent is suspended under this section shail be excluded in computing the period of limitation prescribed for any suit or proceeding for the recovery of such rent. a4 nom, , (4 Notwithstanding anything contained in sections 86 and 87 of the Bombay 'V of Land Revenue Code, 1879, the Collector shall in passing an order under sub-section 1879. (2) of section 87 of the said Code, for rendering assistance to the landlord allow to the tenant a set-off for the sum, if any, paid by-guch tenant to the landlord in excess of the amount of rent duc from him after deducting the amount required to ‘be remitted under sub-section (/) or sub-section (2) of this section or undet section 84A of the said Code. The set-off under this sub-scotion shall be allowed onl respect of the sums paid by such tenant to such landlord during a period of three years immediately preceding the date of the application made under section 86 of ‘the said Code. (9) IF any landlord fails to suspend or remit the payment of rent as provided .in this section, he shall be liable to refund to the tenant the amount recovered by him in contravention of this section. The tenant may apply to the Mamlatdar for the recovery of the amount and the Mamlatdar may after making an inquiry make an order for the refund YJand for inflicting such penalty on the landlord as may be prescribed]. ‘{14. (2) Notwithstanding any law, agreeinent or usage, or the decree or order Termination of a court, the tenancy of any land shall not be terminated— of tenanc; (@) unless the tenant— for defaul ‘(i) has failed to pay the rent for any revenue year before the 31st day of *F tenant: May thereof; ial) 8S done any act whichis destructive or permanently injurious to the land; 2 2 The words “ by a landlord ” were deletéd by Bom. 13 of 1956, s. 9(2). + These words were inserted by Mah. 5 of 1982, s. 2 2 These words were added by Bom, 13 of 1956, 5. 9(2). “This section was substituted for the original, ibid.,s. 10.2764 Bombay Tenancy and Agricultural Lands Act, 1948 {1948 : Bom, LXVIT (di) has sub-divided, sublet or assigned the land in contravention of section 27 ; ~ Gv) has failed to cultivate it personally ; or . (9) has used such land fora purpose other than agriculture or allied pursuits; ant (®) unless the landlord has given three months’ notice in writing informing the tenant of his decision to terminate the tenancy and the ground for such termination, and within that period the tenant has failed to remedy the breach for which the tenaricy is liable to be terminated. (2) Nothing in sub-section (1) shall apply to the tenancy of any land held by a permanent tenant unless by the conditions of such tenancy the tenancy is Itable + to be terminated on any of the grounds mentioned in the said sub-section.) | rmination 3{48: (1) A tenant may terminate the tenancy in respect of any land at any bye senaney time by surrendering his interest therein in favour of the landlord: ‘thereof. Provided that such surrender shall be in writing, and verified before the Mamlat dar in the prescribed manner. (2) Where a tenant surrenders his tenancy, the landlord shall be entitled to retain the land so surrendered for the like purposes, and to the like extent, and in so far as the conditions are applicable subject to the like conditions, as are provided in sections 31 and 31A for the termination of tenancies, 4{(24) The Mamlatdar shall, in respect of the surrender verified under sub- section (1), hold an inquiry’ and decide whether the landlord is entitled under sub-section (2) to retain the Whole or any portion of the land so surrendered and specify the extent and particulars in that behalf). () The lang, or any portion thereof, which the landlord is not entitiled to retain under sub-section (2), shall be liable to be disposed of in the manner provided under clause (¢) of sub-section (2) of section 32P.) iPM {2 16. (J) If in any village, a tenant is in occupation of a dwelling house built “Gwelling 2¢ the expense of such tenant or his predecessor-in-title on a site belonging to his ‘house, landlord, such tenant shall not be evicted from such dwelling house (with the mate- rials and the site thercof and the land immediately appurtenant thereto and necessary for its enjoyment) unless— ‘ - (@) the landlord proves that the dwelling house was not built at the expense of such tenant or his predetessor-in-title; and (®) such tenant makes *[any three defaults] in the payment of rent, if any, which he has been paying for the use and occupation of such site, 4(2) The provisions of sub-section (/) shall not apply to a dwelling house which is situated on any land used for the purposes of agriculture from which he has been’ evicted under “(section 31]. Tenant to 17. (J) Ifa landlord to whom the site referred to in section 16 belongs intends given first to sell such site, the tenant at the expense of whom or whose predecessor-in-title, ‘option of a dwelling hous¢ is built thercon shall be given in the manner provided in sub-section, Purchasing (2) of the-first option of purchasing the site ata value determined by the which bo Tribunal, . has built (>) ‘The landlord intending to sell such site shall give notice in writing to the ing . aye i ‘"foust! tenant requiring bim ¢o state within three months from the date of service of such notice whether he is willing to purchase the site. 2 This section was inserted by Bom. 13 of 1996, s, 11. * This subssection was inserted by Bom. 38 of 1957, 5. 7, - ! These words wero substituted for the words “a default, by Bom. 13 of 1956, . 12 (2). * Theso words and figures were substituted for the words, ‘brackets and figures "sub-section (2) ofsection 34”, ibid.,s.12(2).Replacement Scries No. XV—p, 145 1948 : Bom. LXVEN] Bombay Tenancy and Agrioultural Lands Act, 1948 2165 (3) If within tho period of three montixs so specified the tenant intimates in Writing to the landlord that ho is willing to purchase the cite, the landlord shall make au application to the Tribunal for the determination of the value of tho site, On receipt of euch application the Tribunal after giving notice to the tenant and after holding an inquiry thall determine the value of the site [which chall not exceed 20 times the annual rent thereof]. The Tribunal may, by an order in writing require the tenant to deposit the amount of value of such site ‘fwithiv one year] from the date of such order. On tho deposit of euch amount the site shall be deemed to have been.transferred to the tenant and the amount deposited shall be paid to the landlord. The Tribunal shall on payment of tho prescribed fees Grant 8 certificate in the preceribed form to such tenant epecifying therein the Site so transferred and the name of such tenant. (@ If the tenant fails to intimate his willingness to purchate the site within the time specified in eub-section (2) or fails to deposit the amount of the value within the time specified in sub-section (3) the tenant shall be deemed to have relinquished hie right of first option to purchase tho site and the landlord shali then be entitled to evict the tenant either on, payment of euch compensation for the valuo of the structure of euch dwelling howre as may be determined by the Tribunal or allow ‘the tenant at his option to remove tho materiale of the structure. (6) Any sale of a sito held in contravention of this section shall be null and void. *17A. (2) If @ tenant referred to in section 16 intends to purchase the site on Tensat‘s, which a dwelling howe is built, he ehall give notioe in vmriting to the landlord toT@ht to that effect, referred to (2) If the landlord refuses, or fails, to aocopt the offer and to exccute the sale!” tion 16, deed within three months from the date thereof, the tenant may apply to tho ‘Tribunal for the determination of the reasonable price of the land which thall not exceed 20 times the annual rent thereof ; and thereupon the provisions for the determination ond payment of the price and the issue of a certificate of purchase contained in the next suoceeding seation shall apply thereto, 17B, (1) After the commencement of the Amending Act, 1950, the State Tensntte Government may, by notification in the Offical Gazewe, direct « record of fights be deemed relating to the sites and the houses thereon in villages to be made in the manner purchased, procribed. i {2) On the completion of such record of rights, the State Government may, by. notification in the Oficial Gazette, specify a date ou which the tenanta referred toftom epocind in section 16 whose names are entered in such reoord or their suocessors-in-title shall be deemed to have purchased the site of euch dwelling house free from excumbrances at the price to be fixed by the Tribunal, being a price not exceeding 20 times the annual rent for the site. . (3) As eoon as may be thereafter, the ‘'ribunsl chall publish or cause to be publiched a notice in euch village within ite juriediction in which all such sites are situate and shall, a5 far 98 practicable, issue notice to each such landlord and tenant and to any other person interested in such site to appear before it on the date specified in the notice. ‘The notice publiched in a village shall be affixed in the Chavdi or at such public place 68 the Tribunal may direct. Sites referred tole, ceotion 16 (B.C. i) ~ toy a _ouseact cultural Inbourers, oto, Tenant's righta to tien planted by him. 2766 - Bombay Tenancy and Agricultural Lands Act, 1948 [1948 : Bom, LXVIL (4 The Tribunal shall, after giving an opportunity to such Jandlord, tenant and other perron interested to be hoard and after holding an inquiry, deterruiue the Price of the site. (5) On the determination of the price of the nite under rub-tection (4), the tenant shall deposit the amount of such price with the Tribunal— (a) either in lump Fum within one year from such date, or (@) in euch instalments not exceeding three with simple interett at the rate of 44 per cent. per annum, and at such intervals during the period not exceeding throe years and on or before such dates, a5 may be fixed by the Tribunal and the Tribunal shall direct that the amount deposited in lump tum or the amouvt of the instalments deposited at each interval shall be paid in accordance with the provisions of section 32Q no far as they aro applicable. (6)On the doposit of the amount of the prico in lump cum or of the last instalment of such price, the Tribunal ehall, on payment of a provcribed fee, grant a certificate in the pre‘cribed form, to the tenant declaring him to be the purchaser of the site. Such certificate chall be conclusive evidence of the sale, (7) If the tenant fails to pay any instalment on or before the date fixed by the ‘Tribunal under sub-rection (5), the amount of such instalment and the interest thereon ehall be recovered a8 an arrear of land revenue. (8) If after holding an inquiry under sub-section (4), the Tribunal is satisfied that the tenant is not willing to purchate the site; the Tribunal chall issue certificate to the landlord to that effect. Oa the issue of such certificate the landlord shall be entitled to eviet tho tenant and dispore of the site in such manner as he may think fit either on payment of cuch compensation for the value of the structure of euch dwelling howe a8 may be determined by the Tribunal, or after allowing the tenant, at his option, to remove the materials of the struicture.] 3{18. ‘The provision’ of sections 16, 17, 17A and 17B shall apply— (a) to the dwelling houres and sites thereof occupied by sgricultural labourers end artieais in any village ; and (6) to the lands held on loare in any village by persons carrying on an allied pursuit for the purpote of euch pursuit.] 19. If a tenant has planted or plants any trees on any land Jeared to him he hall be entitled to the produce and the wood of such trees during the continuance of his tenancy and shall on the termination of his tenancy be entitled to such compentation for the said trees a may be determined by the Manletdar : Provided that a tenant ehall not be entitled to compensation under this section if the tenency is terminated by surrender on the part of the tenant : Provided further that the landlord shall during the continuance of the tenancy, be entitled to the rent of the land a+ if the trees had not been planted. 1 This section was substiteted for the original by Bom. 13 of 1956, «. 15.¥o95, Revenue Code, 1879. the rerponsibility for the maintenance and good n Replacement Series Ro. XX—p. 99 1948: Bom. LXVIT] Bombay Tenancy and Agriculiural Lands Act, 1948 2067 20. (1) A tenant shall during the continuance of is tenancy be entitled to two- Risbt to thirds of the total produce of trees naturally growing on the land, the landlord being P'S: entitled to onv-thild of the produce of auch trees, (2} If there is any dispute regarding the right to the produce of such trees or the apportionment of such produce gs provided under sub-section (1) the tenant or the landlord may apply to the Mamlatdar. Such application shall bo made in such form as may be prescribed, {2) On Tesvpt of ouch epplicaton, the Manlatder shall, after holding aa inquiry, pass such order theron as he deems fit. [Sub-Leuting of land by or on behalf of person in military naval or air service, of the Union not to terminate tenancy.) Belaad by Bor. 13 of 1956, 6. 16. 22, Notwithstanding anything contained in section 123 of the Bombay Land Tenants of the response boundary marks of the land held by the tenant and any charges teasonably incurred tenance of ‘on account of service by Fevenue officers in case of alteration, removal oF disrepair boundary of such boundary marke shal] be wpon the tenant, 23. (1) Notwithstanding any agreement, usage.or custom to the contrary, if Rensir of it appoars to the '[State] Government that the construction, maintenance or repairs Povien™ of any bunds protecting any land held by a tenant ie neglected due to a dispute the landiord and the tenant or for any other reason, it may by an order in writing, direct that the construction, maintenanee or repairs shall be carried ‘out by such persons as may be specified in the order and the cost thereof shall be recoverable from the person in actual possession of the land as arrears of Jand Tovenne. (2) The person from whom the costs are recovered under sub-section (Z} shall be entitled to recover the same or any part thereof from any person who under any agreement, usago or custom is wholly or partially liable to construct, maintain oF sopait the bunds. (3) Notwithstanding apything contained in sub-section {J), it shall be awful for the tenant of any lund,the protective bunds of which are neglected, to construct, maintain or repair such bunds at hin costs and the costs so incurred by hiw shall on application made by him to the Mumlatdar be recoverable by him from the landlord according to his tiability ander the ay eement, usage or custom. The costa of the proceedings of the tenant’s supplication shall also be recoverable from the landlord in case the landlord is held wholly or partially liable to pay the costs incurred by the tenant for construction, maintenance or rrpaits to the bunds, 24. Where any tenancy of any land hicld by any tenant is terminated on the Relief against Bround that the tnant hiss dene any act which is destructive of permanently termination injurious to the innd, no proceeding for cjectment against such tenant shall tie % Sraney ‘unless and until the landlord has served on the tenant a notice in writing specifying oo the act of destruction or injusy complained of and the tenant faits within a period of ‘one year from the service uf notice to restore the land to the condition in which it was before such destruction of injury, ae *1(2)] Where any tenaney of any Inna held by any tenant is terminated for Reliof against rent of rent and the a fies ony procerding te eject the tenant, the terminntion h tenancy "by the Adoptat not Pawn Order, 11850, ve said Section bg Bon. 33 of 1052, a. floen daya"” Uy Bom, of 13 1096, «.Subdivision, 2768 Bombay Tenancy and Agricultural Lands Act, 1948 (4948 : Bom. LXVIi order, and if the tenant complies with such order, the Mamlatdar shall, in liew of making an order for ejectment, past an order directing that the tenancy had not wen terminated and thereupon the tennnt shall hold the land es if the tenancy had not been terminated : Tpprovided that if the Mandatdat is satisfied that in consequence of total or partiat failure of crops oF similar calamity the tenant hos been unable to pay the rent due, tle Mamlatdar may, for reasons to be recorded ixt writing, direct that the arreara of rent together with the costs of the procecdings if awarded. shall be paid. within one year from the date of the order and that if before the expiry of the aaid period ‘tho tenant fails to pay the said arreare of rent and costs, the tenancy shall be deemed ‘to be terminated and the tenant shall be liable to be evicted.] (2) Nothing in this section] sLall apply to any tenant whose tenancy is terminated for non-payment of rent if he Las failed for any tier years to pay rent fand the landlord has given intimation to the tenant to that effect within a period of three mouths on each default.). 4(25A. Ffany tand is wartgaged by a landlord by way of a usnfmctuary moltgage to a teannt cultivating such land, the tenancy of such land shall be in abeynunce during the period the mortgage subsists, After the expiry of the said period it shall, notwithstanding any otter law for the time being in force, be lawful to the tenant to continue to hold the land on the terms and conditions on which ane held it before the mortgage was created, 26. (7) In the absence of an express intimation in writing to the contrary by a tenant, every payment made by a tenunt to the landlord shall be presumed to be @ payment on account of rent due by such tenant fur the yeat in which the payment is made, "1(2) When any amount of rent is received in. tespect of any land by a landlord or by a person on behalf of such landlord, the landlord or, as the case may be, the person shall at tho time, when such amount is received by him, give a written, Receipt therefor in such form and in such sinner as may be prescribed.) 27. (1) 7[Save as otherwise provided in section 32F no sub-division] of sub- testing of the land held by a tenant ot assignacnt of any interest therein shall be “Provided that nothing in this eub-section sball prejudicially affect the rights of a permanent tenant : Provided further that if the tenant dies — (i) if he isa member of a inint family, the surviving menbors of the said family, and (id) if he is not a member of a oint family, his heirs, shall be entitled to partition and sub~livide tie lend leased subject to the following conditions :-— (a) cach shearer shall hold his shore as a separate tenant, (0) te tent payable in respect of the land leased shall be apportioned among the sharers, as the case nay be, according to the akare allotted to them, 2 This prvito wan added. by Bom. 38 of 1952; 0. 3(, Tuers urgcete, figure dad words wore subsituted for tho word 1 ‘reve substituted for the wordt and figures “within the period speafed in section om, 13 of 195, 8 171 rovided that nothing in BE 2 by osm 94 of 1951 # Sut-section (2) wes sydetituted for the » niga ty Bom, 68 of 1078, 0. 4. {Section 27 wae substitined for the original by Bors. 13 of 1966, ¢. 18 ‘TThead worde wore substituted for the words “ NOReplacement Series Ko. RXXIV—p. 14 1948 : Bom. LXVII] Bombay Tenancy and Agricultiral Lands Act, 1948 3169 (¢) the area allotted to cach sherer shsll not be less than the unit which ‘the State Government may, by general or spocial order, spocify in thia bohalf having regard to the productive espacity and other circumstances relovant to the full and efficiont use of the land for agriculture, (@ if euch area is less than tho unit roforrod to im clauso (c), tho sharers shall bo entitled to enjoy the income jointly, but the land shall not be divided by motes and bounds, (6) if any quostion arises regarding the apportionment of the rent payable by ‘the sharors, it shall be decided by tho Mamlatdar, whose decision ahall bo final. (2) Notwithstending anything contained in sub-section (J), it shall be lawful for a tenant,— (2) who in « widow, minor or & person subject to any physical or mental ’ disability, or a sorving member of the armod forces, to sub-let such land held by her or him as tenant ; or (8) sho is a member of a co-operative farming socioty and a6 such member to sublet, assign, mortgage or to create a charge on his interest in the land in favour of such soeioty, or in consideration of a loan advanced by ony person S55). authorised under section 5% of the Bombay Agricultural Debtors Rolicf tet Tot Act, 1947. (3) Notwithstanding anything contained in sub-section (J), it shall also be sux lawful for a tenant to mortgage or ereate @ charge on his interost in tho land of, in favour of the State Govornment in consideration of a loan advancod to him Xl of by tho State Government under tho Land Improvement Loans Act, 1883, the HES Apviculturists! Loans Act, 1884, ov the Bombay Non-Agriculturists’ Loans Act, Hick 1928, or in favour of # co-eperative socioty in consideration of a loan advanced * to him by such co-operative socioty, and without projudice to any other romody. open to the State Government or the co-operative society, as the case may be, @. in the event of-his making dafault in payment of such loan in accordance with tho terms on which such loan wan granted, it shall bo lawfal for tho Stato Government: or the co-operative society, as the case may be, to cause his interest in the land to bo aftached and sold and the proceeds to be applied in paymont of sate loau.} ‘yom, _ 28 Savu us expressly provided in this Act or as provided in the Bombay parts Viet Co-operative Societies Act, 1926, or the Bombsy Agricultural Debtore Reliof Act, Sttwcbment, WE 1047, for tho recovery of loaus permitted under section 21, eny interot in the land tae by XXV- held by him as a tenant shall not be liablo to be attached, seized or aod in exocution Boars. TEP of w dooree or ondar of « Civil Court,Procedure of eking Provisions of ‘evction 29 apply to for allied, Pursoite. Rights and peletigrs of ot 2770 Bombay Tenancy and Agricultural Lands Act, 1948 [1948 : Bom. LXVII *29, (7) A tonant or an agricultural labourer ot artisan entitled to possession of any land or dwelling house undor any of the provisions of this Act may apply in writing for such possession to the Mamlatdar. Tho application shall be mado in such form a8 may be prescribed "[and within s poriod of two years from tho date fon which tho right to obtain possession of tho land or dwelling houso is doomed to have accrued to the tenant, agricultural labourer or artisan, as the caso may bo.) (2) “(Save as otherwiso provided in sub-soction (34), no landlord] shall obtain possession of any land or dwelling houso held by a tenant excopt under an order of the Mamlstdar. For obtaining such order be shall make an application in the prosoribad forin fan within n poriod of two years from the date on which the right to obtain possossion of th» land or dwelling houso, as the case may be, is to have accrued to him.] (3) On rocoipt of applivation under sub-section (Z) or (2) the Mamlatdar shall, after holding an inquiry, pass such order theroon as he deems fit : “(Provided that whore au application under sub-sootion (2) is made by a land- ‘Tord in pursuanse of tho right conforrod on him under section 31, the Mamlatdar shall Gitat dovide, as preliminary issues, whathor the conditions specified in clauses (¢) and (d) of sestion 31A and sub-soctions (2) and (3) of soction 31B are satisfied, ‘Tf the Mamlatdar finds that any of the said conditions is not satisfied, he shall reject the application forthwith.) °[(34) Whore a Jandlord procesds for tormination of the tenancy under sub- section (1) of section 43-1B, thon, notwithstanding anything contained in thie Act, the application for possession of the land shall bu made to tie Collector, who shall efter holding en inquiry in the prescribed monacr, pass euch order thereon a8 ho dooms ft.) (4) Any porson taking possession of any land or dwelling houso except in accord- ‘snco with the provisions of ®{sub-section (1), (2) or as tho caso may bo, (34)], ehall be liable to forfaiture of crops, if any, grown in tho land in addition to payment of costs a3 may bo directed by tho Mamlatds or by the Collector and also to the ponalty presoribed in section 81. {29A. Tao provisions of soction 29 shall apply to tho sites used for allied pursuits as they apply to the sites of dwelling houses of an agricultural labourer or artisan in regard to taking possession of any land or dwolling house under the provisions of this Act} 430. Save as provided in this Act, the rights or privileges of any tenant under usage or law for the time boing in force or arising ont. of any contrast, grant, doctor or erder of a court of othorwise bows0over shall not b limived or abridged.] ‘Section # of Bore, NUN of 1901 reads ov under — TF at tho Jain when thie Act comes into force an applteation nzcler section 29 of the sald Act in peeding before the Mamlatder or the Tribunal or en appeal or cn application fr eerleion Evtof sch application pening lnfr tho Coty forthe Boming Revenue Tribunal, aa the (Maat such application, appoe! or appliention for rev nly on the ground that the said spgllenion waver section 29 of Ube anid Act ‘the pork imi atlon, ‘if it was made within the period proscribed by section toe ‘of tho ‘ola Act s amended by PEs Words dure ede! by Bom. 45 of 1051 2.0, + Tuo wore wore substituted forthe words" No tanord by Mab, 99 of 196, «2, Sebadue Thee words were added by Bom. 46 of 1961. Wrve wseriod by Bor, $8 oF 1057, #8. Boer ee ae ieee Coa arbaitstd for tbe words, buckola and Sgusw ro bad etter wero. subeit scbucaion {or (he as the cato may bo bid eeein i wa oer by Boe 1h. 1038 © This postion ws ha orignal by Bom, 38 of 1057, «10,Replacement Series No, XXXIV—p. 15 1948: Bom. LXVII] Bombay Tenancy and Agricultural Lands Act, 1948 $170A CHAPTER Il. WSrscrat Riowts ap Paiviteces or TsNNss AND PRovisIONs YOR Distamurton oy LAND FOR PeRsonaL covtivation.] (L) Lermination of tenancy for personal cultivation and non-agricultural use. "{B1._ (1) Notwithstanding anything contained in sections 14 and 30 but subject Landlon!’« to sostions 314 to 31D (both inclusive), a landlord (not being a landlord within Cente, thm saning of Chaptor ITI-AA) may), after givingnotice and making an application tenaney for for possession as provided in sub-section (2), terminate the tenancy of any land Poet, (ox0 pt o pormancat tenanoy), if the lendlord bona fide requires tho land for any and. of the following purposes — neo (a) for cultivating porsonally, or Popes. (2) for any non-agricultural. purpose. (2) The notice required to be given under sub-section (1) chal] be in writing, shall state the purpose for which tho:landlord requires the land and shall be served on ths tonant on or before tho 31st day of December 1966. A copy of euch notice shall, at the same time, be sent to the Mumlatdar. An application for possession under section 29 shall be made to the Mamlatdar on or before the ist day of March 1967. (3) Whore landlord is a minor, or « widow, or» porson subjoot to mental oF physical disability « * then such notice nay bo givon Sfand am application for ponsession under section 29 may be made). =- i) by tho minor within one yoar from the date on which he attains majority ; {it) by the successor in title of a widow within ono year from the date on which her intorost in the land ceases to exist ; Git) within one year from the dato on which montal or physical disability cases to exist ; and « * . . . . . ‘Provided that whore a porson of such eategory is a member of a foint family, the provisions of this sub-rcotion shall not apply if at Jeast one member of the joint family is outside the categories mentioned inthis sub-section unless bofore the 3ist day of March 1958 the chare of such person in the joint family. has boon separated by motes and bounds and the Memlai dar on inquiry, ie nathsfied that the share of such person in the land is separated having regard to the area, assossment, classification and value of the land, in the same proyortion as the share of that person in the entire joint family property, snd not in @ larger proportion.) 31A. Tho right of a landlord to terminate a tenanoy for cultivating the land Condition'of personally under seotion 31 shall be subject to the following conditions -— cenaey (a) If the landlord at the dato on whch the notice is given end on the date ‘on which it expires has no other land of his own or has not been cultivating prsenally any other lund, he shell bo entitled to take possession of the land jeased to Ue extent of a eviling arca. ted hw Born. 48 of 1957, 8. 11 (2). 8 Clanne (ir) wan delete by Mah 39-oF 1964, 4 5, Sch, ‘ovo wea iavecied by Bom. 98 of 106%, « 11 (2)Ba Replacement Series No. XXXIV—p. 16 1948 : Bom.LXVIT] Bombay Tenancy and Agricultural Lands Act, (948 9771 (0) 1 the Iona eutivatod by him personally is loss than a elling aro, the landlord shall bo entitled to take poscossion of so much aren of the land leased a will bo enfioiont to make up the aroa in his possession to the extent of a ceiling area, (@) Tho inoome by tho cultivation of the land of which he is entitled to take possession is the principal source of income for his maintenance. 4{(d) The land loased stands in the record of rights or in any public record or similar revenue record on the Ist day of January 1962 and thereafter during the iod between the said date and the appointed day in the naihe of the landlord Eimolf, or of any of hie encostors #(but not of any percon from whom title is derived, whethor by assignment or Court alo or otherwise)], or if the landlord. isamember of a joint fantily, in thename of a member of such family.] (c) If more tenancies than one aro held under the same landlord, then the Jandlord shall be competent to terminate only the tenancy or tensncics which fare tho shortest in point of duration. 1B. In no case a tonancy shall ho terminated under section 31— No termine: tion of (2) in such mannor as will result in leaving with a tenant after tormination, Smanyie less than half the azea of the Jand leased to him, or font (2) in euch a manner as will result in a contravention of the provisions of Meetiet, tho Bombay Prevention of Fragmentation and Consolidation of Holdings Act mem of 1947, or in making any part of the land leased o frogment within the meaning S227" of that Act, or . tecietye (8) if the tenant has become a member of a co-operative farming society and so long as he continues to be such member. BABB. (Certain provisions of Act not to apply to landlords on ceasing to be sorving members of armed forces. Deleted ly Mah. 29 of 1964, s. 3. B10. Tho tenancy of any land loft with tho tenant after the termination 1... alert of the tenancy under soction 31 shall not at any timo afterwards bo liable to not entitled termination again on tho ground that the landlord bora fide requires that land for ‘© torminato personal cultivation. tony for S1D. If, in consequonce of the termination of the tenancy under section $1 Apportica- any part of the land lensed is left with the tenant, the-rent shail be apportioned ment of eat in tho preseribed mannor in proportion to the aroa of the land left with the tenant, Stet fmt 1 This clouse wan oubstituted for the original by Bom: 16 of 1957, «. 7, . ‘ion wos insorted and shall be deemed to have bean inserted on the let of August 1910 by Babs 9 of 100 & “ op emt. jpTenants Geamed to si” band oo ‘lero" 2773 Bombay Tenancy and Agricultural Lands det, 1948 (1948 : Bom. LEVI (U1) Purchase of land by tenante, * 82, 4{(1)] On tho first day of April 1957 (hereinafter roforred to as ‘tho tillors’ day ”) ovory tenant shall, #foubjeot to the other provisions of this eoction and the provisions of] the next succeeding sootions, be doomed to have purchased from his landlord, freo of all onoumbrances subsisting thereor on the said day, the land held by him as tenant, if— (@) such tonant is a permanent tenant thoroof and cultivates land poreonally ; (®) such tonant is not a pormanert tonait but aultivates tho land leased personally ; (i) the landlord has not given notice of tormination of his tonancy under sootion 31; or. (#4) noties haa boon given under eoation 32, but the lardlord has not applied to tho Mamlatdar on or boforo the Sist day of March 1957 under sestion 29 for obtaining possession of tho land ; *[or] This ection orn By Bot 1 fi ieee LET subject to the provisions of” by Bom, 68 of 1058, est © This word was added by Bom. 38 of 1957, «. 12,1).Replacement Series No. XLV—p. 10 1948 : Bom, LXVI] Bombay Tenancy and Agricultural Lands Act, 1948 272A 4{(ii) the tandlord has not terminated this tenancy on any of the grounds specified in section 14, or has so terminated the tenancy but has not a to the Mamlatdar on or before the 31st day of March 1957 under section 29 for obtaining possession of the lands :] Provided that if an application made by the landlord under section 29 for obtaining possession of the tand has been rejected by the Mamlatdar or by the Collector in appeal or in revision by the {Maharashtra Revenue Tribunal] under the provisions of this Act, the tenant shall be deemed to have purchased the land. fon the date on which the final order of rejection is . The date on which the final order of rejection is passed is hereinafter referred tc as “the postponed date”: {Provided further that the tenant of a landlord who is entitled to the benefit of the proviso to sub-section (3) of section 31 shall be deemed io have purchased the Jand on the Ist day of April 1958, if no separation of his share has been effected before the date mentioned in that ‘proviso.] 4{(14) (a) Where a tenant, on account of his eviction from the land by the landlord, ‘before the Ist day of April 1957, is not in possession of the land on the said date but has made or makes an application for possession of the land under sub- section (1) of section 29 within the period specified in that sub-section, then if the application is allowed by the Mamlatdar, or as the case may be, in appeal by the Collector or in revision by the {Maharashtra Revenue Tribunal), he shall be deemed to have purchased the land on the date on which the final order allowing the appli cation is passed. {6) Where such tenant has not made an application for possession within the Tiod specified in sub-section (/) of section 29 ot the application made by him is lly rejected unde; this Act, and the land is held by any other person as tenant on the expiry of the said period or on the dave of the fal rejection of the applica- tion, such other person shall be deemed to have purchased the land on the date of the expiry of the said period or as the case may be, on the date of the final rejection of the application.] '(B) Where a tenant who was in possession on the appointed day and who on account of his being dispossessed before the Ist day of April 1957 otherwise than in the manner and by an order of the Tahsildar as provided in section 29, is not in Bosstition of the land on the suid date and the Lind i in he postession ofthe land ed or his successor-in-interest on the 31st day of July 1969 and the land is not put to a non-agricultural use on or before the last mentioned date, then, the Ti:hsildar shall, notwithstanding anything contained in the said section’ 29, either suo motu or on the application of the tenant, hold an inquiry and direct that such land shalt be taken from the possession of the landlord or, as the case may be, his suecessor- in-interest, and shall be restored to the tenant ; and thereafier, the provisions of this section and sections 32A to 32R (both inclusive) shall, in so far as they may be applicable, apply thereto, subject to the modification thai the tenant shall be deemed to have purchased the land on the date on which the land is restored to him : Provided that, the tenant shall be entitled’ to restoration of the land under this sub-section only if he undertakes to cultivate the land personally and of so-much thereof as together with the other land held by him as owner or tenant shall not exceed the ceiling area. 2 This sub-clause was inserted by Bom. 38 of 1957, s. 120). ‘These words were substituted for the words “ Bombay Revenue Tribunal ” by the Maharashtra Adaptation of Laws (State and Concurreat Subjects) Order, 1960. "This proviso was added by Rom. 38 of 1957, s. 120). # Sub-section (J) was insetied by Bom. 63 of 1958, 8. 5(2). “Subsection (7B) was inserted by Mah. 49 of 1969, 's. 2. Sch. “RP2772B =~ Bombay Tenancy and Agricultural Lands Act, 1948 : (1948 ; Bom. LXVED Explanation —In this sub-section, “ successor-in-interest " means a person who acquires the interest by testamentary disposition or devolution on death.] 1{(2) Where by custom, usage or agreement or order of a Court, any warkas Jand belonging to the landlord is used by the tenant for the purpose of rab manure in connection with tice cultivation in the land held by him as tenant— (a) the whole of such warkas land, or (®) as the case may be, such part thereof as the Tribunal may determine in cases, where such warkas iand is jointly used by more persons than one for the purpose of rab manure, shall be included in the land to be deemed to have been purchased by the tenant under sub-section (/) : Provided that in cases referred to in clause (6) the Tiibunal may determine ‘that such warkas land shall be jointly held by persons entitled to use the same, if in ‘the opinion of the Tribunal, the partition of such warkas land by metes and bounds ig neither practicable rior expedient in the interest of such persons.] 4{(3) In respect of the land deemed to have been purchased by a tenant under sub-section (/),— 4{(a) the tenant-purchaser shall be liable to pay to the former landlord compensation for the use and occupation of the land, a sum equal to the rent of such land every year, and] (®) the “{former landlord] shall continue to be liable to pay to the State Govern- ment the dues, if any, referred to in clauses (a), (6), (c) and (d) of sub-section (/) of section 10A, where ‘{the tenant-purchaser] is not liable to pay such dues under sub-section (3) of that section until the amount of the purchase price payable by *[the tenant-purchaser] to the “{former landlord) is determined under section 32H.) *{(4) Where any land held by a tenant is wholly or partially exempt from the payment of land revenue and is deemed to have been purchased by him under sub-section (/) or under section 32F, section 320 or section 33C then— (a) the tenant-purchaser shall in respect of such land, be liable to pay the full land revenue leviable thereon, and __ (6) the State Government shall, with effect from the date‘on which the tenant is deemed to have purchased the land; but so Jong only as the tenure on which the land was held by the landlord continues and is not abolished, pay annually to the former landlord— (@ where such land is wholly exempt from the payment of land revenue, cash allowance of an amount equal to the full land revenue leviable on such land ; and (i) in other cases, an amount equal to the difference between the full land revenue leviable on’such land and the land revenue payable thereon imme- diately before the said date.] 2 This sub-section was inserted by Boro. 15 of 1957, s. 8 *Sub-section (3) was inserted by Bom. 63 of 1958, 5. $(3) _ 2 Clause (a) was substituted for the original by Mah. 9 of 196i. s. 6 (a). 4 These words were substituted for the word “landlord ", ibid. s. 6 (6). "These words were substituted for the words " the tenant”, ibid. 8.6 (6). *Sub-section (¢) was added by Mah. Sof 1963, s. 2.Bom, Lx oF 1997, a 1947. Replacement Series No. XLV—p. 11 1948 : Bom. LXVII] Bombay Tenancy and Agricultural Lands Act, 1948 2772C 32A. A tenant shall be deemed to have purchased land under section 32—~ Tenants deemed to (2) in the case of a tenant who does not hold any land as owner but holds have por- and as tenant in excess of the ceiling arca, up to the ceiling area ; chased upto (2) in the case of a tenant who holds land as owner below the ccifing area, such part of the land only as will raise his holding to the extent of the ceiling area, : 32B. Ifa tenant holds land partly as owner and partly as tenant but the area When of the land held as owner is equal to or exceeds the ceiling area, he shall not be tenants deemed to have purchased the land held by him as a tenant under section 32. fot deemed irchased . nds. 32C, If a tenant holds the land separately from more than one landlord, the When tenant shall, subject to the rules made by the State Government in this behalf, be tenants entitled to choose the area and the location of the land to be purchased from cach Smile of such landlords : ions to be purchased. Provided that the area so chosen shall not, as far as may be practicable, be other * than a survey number or a sub-civision of a survey number. 32D, {(1)] If the land held on tenancy 1s only a fragment, the tenant shall be When deemed to have purchased such fragment under section 32 notwithstanding anything ents contained in the Bombay Prevention of Fragmenustion and Consolidation of Hold: 92re4 ings Act, 1947. Ne ed Fragments. 4((2) if the tenancy of the land is attached 10 a holding or part thereof under section 29A of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, the tenant sball notwithstanding ‘anything to the contrary contained in that Act, be deemed, in the circumstances set out in section 32, to have purchased the land held on such tenancy,] 32K, The balance of any land after the purchase by the tenant under section 32 Disposal of shall be disposed of in the manner laid down in section 15 as if it were land surrendered. balance by the tenant. . offangs chase by tenants. a Sing 2D ws seaombered as subsectivn (1) of that section and sutrsetion (2 was added byRoplacament Sctles No. XLV—p. 12 1948 : Born, LXVI] Bombay Tenancy and Agricultural Lands Act, 1948 2773 anything contained in the p eceding sections— Right of 2 mines or & widow, or a person subject to any gardase | (@) where the landlord mental or physical disa thall have the Hoht to pirchee such land under section 32 within one year hom Meee the expiry of the period during which such landlord is entitled to terminate the OF te. tenancy under section 31 {and for enabling the tenant to exercise the right of purchase, the landlord shall send an intimation to the tenant of the fact has attained majority, bufore the expiry of the period during which such landlord is entitled to terminate the tenancy under section 31] : "[Provided that where a person of such category is a member of a joint family. the provisions of this sub-section shalt not apply if at least one member of the es joint family is outside the categories mentioned in this sab-section unless before: the 31st day of March 1958 the share of such person in the joint family has been separated by metes and bounds and the Mamlatdar on inquiry is satisfied that the share of such person in the land is separated, having regard to the area, assessment, classification and value of the land, in the same proportion as the share of that person in the entire joint family property, and not in a larget proportion | (6) where the tenant is a minor, or a widow, or a person subject to any mental or physical disability or a serving member of the armed forces, then subject to the provisions ‘of clause (a), the right to purchase land under section 32 may be exercised — (i) by the minor within one year from the date on which he attains majority ; (ii) by the successor.in-title of the widow within one year from the date on which her interest in the land ceases to exist ; (ii) withir one year from the date on which the mental or physical disabilit of the tenant ceases to exist ; (i) within one year frem the date on which the tenant ceuses to be a serving member of the armed forces : Provided that where a person of such category is a member of a joint family, the provisions of this sub-section shall not apply least one member of the joint family is outside the categories mentioned in this sub-section unless before the 31st day of March 1958 the share of such person in the joint family has been sepasated by metes and bounds and the Mamiatdar on inquiry is satisfied that the share of such person in the land is separated, having regard to the area, assessment, classification and value of the land, in’ the same proportion as the share of that person in the entire joint family property, and not in a larger proportion } (VA) A tenant desirous of exercising the right conferred on him under sub- section (7) shall give an intimation in that behalf to the landiord and the Tribunal in the prescribed manner within the period specified in that sub-section : } od ‘4Provided that, if a tenant holding land from a landlord (who was a minor and Mah, has attained majority before the commencement of the Tenancy and Agricultural XLIK Lands Laws (Amendment) Act, 1969) has not given intimation as required by this $he0, sub-section but being in possession of the land on such commencement is desirous of exercising the right conferred upon him under sub-section (/), he may give such intimation within a period of two years from the-commencement of that Act.] (2) The provisions of sections 32 to 32E (both inclusive) and sections 32G to 32R (both inclusive) shall, so far as may be applicable, apply to such purchase. {2 The words " of a serving member of the armed forces” were deleted by Mah, 39 of 1964, 3.2, ‘These words and figures were added by Mah. 49 of 1969, 5. 2. Sch. 4 This proviso was added ty Hom, 38 of 1987. 5. 14/1. ‘This sub-section was inserted, ibid., $. 14(2). ‘Rb proviso was sdded' by Mah. 49 of 1963" 5.2, Scheee 2774 Bombay Tenancy and Agricultural Lands Act, 1948 {1948 : Bom. LKVI. ibunal 32G. (J) As soon as may be after the tillers’ day the Tribunal shall publish or {jee cause to be published a public notice in the prescribed form in each village within ROU er its jurisdiction calling upon— Tneprics (a) all tenants who under section 32 are deemed to have purchased the Jands, gflandto ——_() all Iandlords of such lands, and wnat. (© all other persons interested thercia, to appear before it on the date specified in the notice. ‘The Tribunal shall issue a notice individually to each such tenant, landlord and also, as far as practicable, other persons calling upon each of them to appear before it on the date specified in the public notice, (2) The Tribunal shall record in the prescribed manner the statement of the @ tenant whether he is or is not willing to purchase the land held by him as a tenant. @) Where any tenant fails to appear or makes s statement that he isnot willing to purchase the land, the Tribunal shall by an otder in writing declare that suc tenant is not willing to purchase the land and that the purchase is ineffective : Provided that if such order is passed in default of the appearance of any party, the Tribunal shall communicate such order to the parties and any party on whose default the order was passed may within 60 days from the date on which the order ‘was communicated to him apply for the review of the same. (4) Ifa tenant is willing to purchase, the Tribunal shail, after giving an opportu- nity to the tenant and landlord and all other persons interested in such land to be heard and afier holding an inquiry, determine the purchase price of such land in accordance with the-provisions of section 32H and of sub-section (3) of section 63A: 'fProvided that where the purchase price in accordance wiih the provisions of section 32H is mutually agreed upon by the landlord and the tenant, the Tribunal after satisfying itself in stich manner as may be prescribed that the tenant's consent to the agreement is voluntary may make an order determining the purchase price and providing for its payment in accordance with such agreement] (5) In the case of a tenant who is deemed to have puschased the land on the postponed date the Tribunal shall, as soon as may be afier such date determine- the price of the land. (6) If any land which, by or under the provisions of any of the Land Tenures Abolition Acts referred to in Schedule IIf to this Act, is regranted to the holder thereof on condition that it was not transferable, such condition shall not be deemed to affect the right of any person holding such land on lease created before the regrant and such person shall as a tenant be deemed to have purchased the land under this section, as if the condition that it was not transferable was not the condition of regrant. . Purchase 32H. {(/) Subject to the additions and deductions as provided in sub-sections preeand, (74) and (7B), the purchase price shall be reckoned as follows, namely :— (0) im the case of permanent tenant who is eultivating the land personally the purchase price shall be the aggregate of the following amounts, that is to say— : @ an amount equal to six times the rent of the land ; or" YThis proviso was added by Rom, 38 of 1957, 15, + * This portion was substituted for the original éub-secti . Bowne Partion, was suet iginal fub-seetion (1) except the Explanations thereto byReplacement Series No. XXXV-—p. 91 1948 : Bom. LXVIH] Bombay Tenancy and Agricultural Lands Act, 1948 27748 (8) the amount of the arrears of ront, if any, lawfully due on the tillers’ day or tho postponed date 5 (o) the amounts, if any, paid by or recovored from the landlord as land revenue and cesses referred to in clauses (a), (6), (c) and (4) of sub-section (1) of section 10A, in the event of tho failure on the part of tho tenant to pay the same ; (8) im the caso of other tenants, the purchase price shall bo tho aggrogate of the following amounts, that is to say,— s (a) such amount as the Tribunal may dotormine not being less then 20 times the assessment and not more than 200 times the assossmont ; (®) tho value of any structures, wolls, and ombankmonts constructed and othet pormanont fixtures made and troos planted by the landlord on the land ; (@) tho amount of the arrears of rent, if any, lawfully duo on tho tillors’ day or the postponed date ; . {d) the amounts, if any, paid by or rogovored from the landlord as land rovenuo and other cesses referzod to in clauses (a), (0), (¢) and (4) of sub-section (/) of section 10A, in the event of the failure on the part of the tonantto pay thesam».] Explanation %1],—Fot the purposes of ealenlating the price under this sub- nom, section, tho amount of water rate, if any, loviod under section 85 of the Bombay Vor Land Revonno Code, 1879, and included in such assessment, shall bo oxeluded. 1879, *{Bzplanation 2.—For the purposes of this sub-section, the exprossion “ aasnsa- ment.” shall have the meaning assigned to it in section 8.} a{(14) Where a tenant {© whom sub-sections (J) and (2) of section 10A do not apply, his, after tho commencement of the Bombay Tonancy and Agricultural Landa Bem. (Amendment) Act, 1955, paid in respect of the land held by him as tenant land of. fevonue and othor cosses referred to in sub-section (/) of that section on scoount 1950, of the failure of the Inndlord to pay the sume, a sum, equal to the total amount 80 paid by the tenant until the date of the determination of tho yrurchase prion shall be deducted from the aggregate of the amounts determined under sub-section (2). . (1B) (a) On the amonnt arrived at in accordance with the provisions of sub- sections ({) and (/A), thore shall bo caleniated interest at 43 per cent. per annum for the period botwoon tho dato on which tho tonant is deemed to have purchased the land wnlor section 32 and the date of the determination of the purchase price, (8) (8) The amount of interest so calentated shall be added to, and (A) ond ( (B.C. th) = 1032774B Bombay Tenancy and Agricultural Lands Act, 1948 [4948 : Bam. LXVII (is) the amount of "[ sation for uso and occupation of the land], if any, id by *[the tenant-purohaser to the former landlord] and the value of any ts of trees planted by tench landlord] if such products are removed by "thot landlord} during the said period shall be deducted from the amount so arrived at.] (2) The Stata Government may, by goneral or special ordor, fix different minima and maxima for the purpose of sub-clause (a)-of clause (ii) of sub-section (/) in respeot of ony kind of land hold by tenants in any backwatd area. In fixing such minima and maxima, the State Government shall have regard to the rent payable for theland and the factore specified in sub-section (3) of section 634. 321. (1) Where permanent tonant has sub-let the land held by him, the sub- @® Sobstenent crper. tenant shall, to the extent. and snbject to tho conditions specified in sections 32 BBirent {9 32E (both inclusive), be deemed to have purchased thi land on tho tillers’ day. Sime tobave (2) The purchase price thereof shall be determined in the manner provided in Farchased — cianse (#4) of sub-section (/) of section 32H. (8) Out of the purchase price payable by such sub-tonant tho amount equal to six times the rent ehall, in hump sum, bo paynble to the owner and tho balancs shall be paid to the permanent tenant. ~ (3) Tho provisions of sections 32 to 32H (both inclusive) and sections 325° to 32R (hoth inclusive), in so far as they may be applicablo, shall apply to the pur- chase of the land by such sub-tenant and'the payment to he mado, to and on behalf of the permanent tenant. . . B25. [Appralto State Gonernmentagainst decision of Lribunal.] Deleted by Mah. 8 of 1963, 3.5%. > . * Made of 38K. (J) On tho dotermination. of tho purchaso prico ‘payable undor section payment of 32H), the *{tenant-purchaser},— , (i) if he is a pormanent tenant, shall deposit with the Tribunal the entire amount of the purchase price within one yeat from such date 23 may bo fixed by the Tribunal : chase price] Provided that if the Tribunal is satisfied that such ‘{tenant-purchasor] has on failed to make the paymont within the time spocified for any reason beyond his AP" control, the Tribunal may extend the period by a poriod not exceeding one year ; by Mab, 9 of 1961, ‘Be tenant t (he landiond betituted for (he words, figures and let by Bom, 6a 2 There worda were oubstituted for the worda” tenant” by Mah, uf 196), 8, hese words ware added by Mah. 31 0F 1965, 6.2 (ch ction 9 of Mah, 8 of 1003 also provides ab under Provided that any appeal at the commencement ofthe Ho end Amendment) Act, 102 yang ture th Collector nnd shall be disposed at ceetnglye 1960, Mab, XXXI 1905, Replacement Series No. XXXV—p. 92 4948 : Bom. LXVII] Bombay Tenancy and Agricultural Lands Act, 1948 277 (ii) if he is not permanent tenant, ehall deposit with the Tribunal the entire semount of the prive— {a) oither in Iump sum within one year from suoh date, or () in such annual instalments not exceeding twolve with simple interest at the rate of ba cont. por annum on or before suoh dates as may be fixed by the Triby the Tribune shall dtet shat the amount deposited in lump oui or the amount of instalments deposited shall be paid to the 4{former landlord]. *{(14) If o tonant-purchaser is unable to deposit with the ‘Tribunal the entire amopint of the purchase price in lump sum before the expiry of the period fixed under clause tipo of sub-seotion (1), he may deposit with the Tribunal within threo months aftér the expiry of such poriod or six months from the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1964, whichevor is later an smount equal to one-twelfth of the purchase price, and alo an amount equal to one year's interest at the rato of 4$ per cent. por annum on the balance ; and apply to the Tribunal to pay the balance in instalments. On such deposit being made, the Tribunal shall grant the tenant-purchaser such reasonable facility (not exceeding eleven annual instalments) for payment of the balance as it deems fit. (1B) Whore a tonant-purchaser,— (@) fails to pay the price in lump sum within the period referred to in clause (is) of sub-section (2), or (8) is in arrears of four instalments, where the number of instalments fixed is four or more, and all the instalments in any other case, he may diiting the period of six months from the commencement of the Bombay Tenancy and Agri- cultural Lands (Amendment) Act, 1964, or from the date of default of the payment of price in lump sum, or of the last instalment, whichever is later apply to tho ‘Tribunal to condone the default on the ground that he, for sufficient reasons, was inoapable of paying the price in lump sum or the instalmonts within time ; and if the Tribunal afterholding such inguiry se it thinks fit, is satisfied with the reasons given, it may allow further time— (i) of one year to the tenant-purchaser to pay the price in lump sum, or (ii) for payment of the arrears, and may, for that purpose, increase the total number of instalments to sixteen.] . (2) During any period for which payment of rent is suspended or remitted under section 13, the ‘[tenant-purchaser] shell not be bound to pay the purchase price in lump eum or the amount of any instalments fixed under this section or any interest thereon, if any. 4{(3) If a tonant-purchasor fails to pay the entire amount of the purchase price within the period fixed under the provisions of this section or is in artoars of four instalments where the number of instalmonts fixed is four or more, and all the instal- ments in any other case, the amount of the purchase price remaining unpaid and the amount of interest thereon at the rate of 4} per cent. per annvum, if any, shall be recoverable by the Tribunal as an arroar of land reventte.] 2 howe worda wore substituted forthe words “tondiord "by Mab, 9 of 1961,0. 8 £ Subctina (UA) and (78) wore inserted by Mah. 31 of 29. 5-3 a. These wore were substituted for the wo bp Mah. MoFIOEL, «8 {Sebuocton'@) was sited by feb: St of 1960. mh,276 — Bombuy Tenancy and Agricultural Lands Act, 1948 [1948 : Bom. LRVIL BBL, [Purchase price recoverable as arrears of land revenue.| Repealed by Mah. 31 of 1965 6.°3. Purchase to 3281. (7) On the doposit of the price in lump sum or of the last instalment of each badeenant pric, the Tribunal shall issue a certificate of purchaso in the prescribed forma, to the {tenant-purchasor] in respect of the land. Such certificate shall be conclusive wurchee por evidence of purchase. *{In the event of failure of recovery of purchase price as Prite t+ © arrears of land revenue under sub-section (3) of section 32K, the purchase shall} bo ineffective and the land shall bo.at the disposal of the °{Tribunal] under soction 32P and any amount doposited by such '{tonant-purchaser] towards the price of the Jand shall be refunded to him. *{(2) Where the purchase of any land has become ineffective for default of pay- ment in time of the price in lump sum oF in instalmonts, but the tenant-purchaser, es has nevertheless continued in poseession ot the commencement of the Bombay Meh: Tenancy and Agricultural Lands (Amendment) Act, 1964, thon the purchase of the of land shall not be deemed to be inoffective, until the Tribunal fails to recover the 1985. amount of the purchase prico under sub-section (3) of section 32K.] ain (32MM. Whero tho purchase of any land has become ineffective under sub- ‘husex not section (/} of section 32M for default of payraont in time of the price in lump sum, 2, but the tenant-purchasor has nevertheless continued in possession at the commenco- yy,4, ment of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960, then Ix of the purchase of tho land shall, notwithstanding the provisions of section 32M, not 1661. be deemed to be ineffective, and the tenant-purchaser may, within @ period of six months form such commencomont apply to the Tribunal to condone the default on the ground referred to in sub-section (2) of section 32M ; and if the Tribunal, after building such inquiry as st thinks fit, is satistied of the sufficiency of the reasons given by the tenant-purchaser, it may allow a further period of ono year to pay the Price in lump sum, and thereupon the provisions of eection 32M shail apply as thoy ‘apply on deposit of the price in iump eum, or as tho case may be, on failure to pay it ; but the Tribunal shail not allow any further time for paying the prico.) 32N. *{() Whore any purchaso of Jand becomes inoffective, the fcrmer landlord Landiond's tiga te shall be entitled to recover from his former tenant compensation for use and occupa- Tin" tion of the land equal to the rant thereof ond any such compensation no may bo when recoverod from the former tenant as an arrear of land revone, and paid to the former pucchae Jandiord. The amount so recoverablo shall be deducted from tho. amount, if any, inefivetive, to be refunded to the former tenant.] (2) If within three months from tho date on which the purchase of any land has bocome jnoflective the %forinor landlord] fails to refund 29(former-tenant) the amount pail after deducting any }'[corpensation roferred to in sub-section (J)} due to hin, st shall be recovered from him as an atroar of land vevenne snd paid to the °fformer-tenant]. ere wove apatut fo the rd cut "hy Mah Of 161, 10 (6) mtituted for tha word ‘ Collecte:™ hy Noh. of 1961. 8. 10 (a) (it). tid 10 ee +, Those words wore substituted for tho word * tonnn 4 The words “in fump exch oF in inatalmonts within givon perio” were etek by Mah. 3 of substituted, bid., +. 4 (0) 8 inserted by Mah. 9 of 1061, 4# Sub-aection (2) waa substituted for the original, + These words wero substituted for the word. 4 Theso words were gubatituted for tho word “ tenant 4 This portion was substituted for the word" wnt” ction (2) wi Section 32 33 12) OmeReplacement Series No. XXXIV—p. 18. 1948 : Bom. LXVIt] Bombay Tenancy and Agricultural Lands Act, 1948 2777 820, (1) In respoot of any tenancy oreated after tho tillers’ day t[by a landlord Right of (not boing a serving member of the armed forces)] notwithstanding any agree- ‘enent whose iment or usage to tho coutrary, a tenant cultivating personally shall be ovtitled demed within one year from the commencement of such to: ancy to purchase from the 2 landlord the land bold by him or such part thoroof as will raise tho holding of the ey tenant to the soiling area fezghare * . nd, ua) A tonant desirous of exercising the right conferred on bim under sub- seation (1) * * shall give an intimation in that bebalf to the landlord and the Tribunal in the prosoribed manner within the period specified in that sub-scction.} (2) The provisions of sections 32 to 32N (both inclusive) and of sections 32P, 980 and 328 in so far as they may be applicable shall apply to the purchase of the land by a tenant under sub-section (2) 32P. (1) Where the purebase of any land by tenant under section 32 becomes Power of inoffoctive under section 2G or 32M or where a tonant fails to exercise tho right ‘(Tribunalito purchase the land held by him within the specified period under scction 39R, dpess sf si3a0, 38C oF 43-1Dj, the (Tribunal) may suo motu or o» an application made in this land not behalf 7 *8fand in cases other than thore in which the purchase press’ has becoine ineffective by reason of section $26 or 32BI, after holding a formal inquiry} direct that the Tand shall be disposed of in the mannor provided in sub: section (2). (2) Such direstion shall provide— (a) that * * * the Mformor tenant ] be Poesy ovioted (b) that the land shall, subjeot to the provisions of soction 15, be surrendered to the {former landlord] ; (0) that if the entire land or any portion thereof cannot be surrendered in accordance with the provisions of section 16, the entire Iand or such portion theroof, as tho cage may be, notwithstanding that it is a fragment, shall be, disposed of by sale to any person in the following order of priority (hereinafter called “the priority list”) : (i) a co-operative farmning sovisty, tho members of which aro agricultural labourers, landless persons or small holdors or a combination of such persone; (ii) agricultural labourers ; (ii) Tandless_persons ; {i2) small holders ¢ (v) co-operative farming society of agriculturists (other than small holders) who hold cither as owner or tenant or partly as owner and partly as tenant, Jnndless in area than an economic holding and who are artisans ; (vi) an agrioulturist (other than a small holder) who holds either as owner or tenant or partly ac owner and partly as tenant, Iendless in atca then an economic holding and who ia an artisan ; 1 These words and brach ny Mah. 9 * Sub-section (14A) was et ii ry of 126 'This sub-ecction wat insertet by Bom, 38 of 1057 «The word, bracket figure and lettors “ or (1AA) "arene deleted by Mah, 89 of 1964, 8 3 Sch, ° Thao, Aighres, tters end word, wore substituted for the word, Bguree and Teter “or 320” by Mah, 39 of 1964, 8, "Soh, “This word was substituted for the word “ Collector” by Mah. 9 of 1961, 8. 14{a). 7 The words ond after Boldin afc formal inquiry ” wore deloted by Mah. 8 ‘of 1963, 8, ‘4{a). This portion was inverted by Ma 8 of 10GI, a. 140). * The one “the tenancy in renpoob, ‘of the land eal bo terrainated and ” were deloted, thi: 4 These words wore mbstitvted for the word. “tenant” ibid, 1200). ® These words wore substituted for the word STandlord” « 1961, 8, 19(0). Sek,\S, 278 Bombay Tenanoyand Agricultural Lanits Act, 1948 (1948: Bora. LXVI (vii) any other co-operative farming society ; (vitt) any agrioulturist who holds either as owner or tenant or partly as owner and partly es tenant land larger in aren than an economic holding but less in area than the ceiling area ; (éz) any person, not being an agrioulturist, who intends to take to the profession of agriculture : 4{Provided that the State Government may, by notification in the Official Gazette, give, in relation to such local aress as it may specify, euch priority in the above order as it thinks fit to any class of persons who, by reason of the acquisition of their land for any development project approved for the purposo by the State Government, have been displaced, and require to be re-settled.} (3) Where any land is to be surrendered in favour of the [former landlordj, under sub-section (Z), the *[formo, landlord] shall not be entitled to the possession thereof until any amount refundable to the "[former tenant] ia refunded to him or recovered from the [former landlord) ; and until such refund or recovery is made, the “former tenant] sball continue to hold the land on the same terms on which it was held by him previously. (4) Whore any land or portion thereof cannot be surrendered in favour of the landlord and where such land or portion is offered for sale under sub-section (2), but no person comea forward to purohase such land or por'ion, a the case -may be, shall vost in the State Government and the ‘{Tribunal] shall determine the prico of euch land or portion in accordance with the provisions of section 63A and the amount of the price so determined shall, subject to the provisions of section 32Q, be paid to the owner thereof. (5) Where any land is sold undor sub-section (2), the “{Tribunal}‘shall determine the price of the land in accordance with the provisions of sootion 63A and the prios so dotormzined shall be payable by annual instalmonts not exceeding six ‘with simpl: interest at the rate of 4$ per cont per annum as the ¢{Tribunal) may determine and the price of the land recovered from the purchnser shall, subject to the provisions of section 32Q be paid to the owner thereof, (6) On the doposit of tho last instalment of the purchase price, tho Tribunal shall issue o certificate of purchaso in tho prescribed form to the purchaser in respect of the land. Buch certificate shall be conclusive evidence of purchase. If the purobaser is at any time in arrests of two instalments, then unless the ‘Tribunal after holding such inquiry as it thinks Gt is satisfied with the reasons given and allows further poriod not exceeding one year to pay the arrears, tho purchase shall be incffvctive and the amount deposited by such purchaser shall bo refunded to him.) 88Q, (1) Daring an inquiry held under section 32G the Tribunal shall determine any enoumbrances lawfully subsis! ing on the land on the tillers’ day. (2) (a) If total amount of the encumbrances is less than the purohase price 0 dotermined,— . (i) where the purchase price is paid in lump sum it shall be deducted from the purchase price and the balance paid to the ¢former landlord} ; . 1 This proviso was edded by Bom. 16 of 1957, 8. 10. 2 [howe words were substitated for the word " landlord "These words wore aubstituted for the word “ tonant 4 This word wee eubstituted for the word * jub-roction (6) was inserted by Mah. 8 of 1063, 6. 4"). ‘Theee words wore substitated for tho word “ Iandiond " by Binh, 9 of 1901, by Mah. 9 of 1961, 9. 14(0). id, 8. 14(e).Replacement Series Ko. XXXIV—p. 19 1948 : Bom. LKVII] Bombay Tenancy and Agricultural Lands Act, 1948 2779 (éi) whoro the purchase price is mado payable in instalments, tho Tribunal shall deduct such omount from such instalments towards'the payment of the onoumbrances : Provided thet whero under any ngreomont, award, the decree or order of a court ‘or any law, tho amount of the cucumbrances is recoverable in instalments, the ‘Tribunal shall deduct such am unt as it doems roasonable from the instalments 80 payable, (8) If the total smount of the oncumbrarco is more than the amount go deter- mined, tho purchase price in lump sumor tho instalments, as the caso may be, @__—_ shell be distributed in tho order of priority. If ary person has a right to 10 ive maintenance or alimony from the profits of the land, the Tribunal eball also make deductions for payment out of the purcbase prico, (3) If euch question involves any question of law regarding the validity of the tfencumbrance or the claim] of the holder of the encumbrance or sny question regarding the amount due in respect of the encumbrance, then notwithstanding any- thing contained in section 254, the Tribunal shull in the mannor prescribed refer the quostion for decision to tho Judge of the Presidevey Small Causes Court, or tho Civil Judge within thé territorial limits of whose jurisdiction the land is situate. On resoipt of such roference the Judge concerned shall, after giving notice to the parties concerned, try the questions referred. to ond record findi thereon and send the same to tho Tribunal. The Tribunal shall then give the decision in accordance with the said findings. (4) Nothing in’ this soction sball affect toc rights of holder of any such enoum- branses Lo provoed to enforoe against tho *[former landlord] his right in any other manner or any other law for the time heing in force. 32R, If ut ny time aftr the purchavo of tho land undor any of the foregoing Purchaser provisions, tro purcbasor fails to gultivate the lend personally, he sball the Collector condones auch failure for sufficiont reasons, bo evicted ard land shall bo disposed of in acoordonce with the provisions of soction 84C.} 33.. (2) Notwithstanding anytbing contained in this Act or any other law or any Right of agreemont or usage, the ** * * tonants holding lands « * * * ag suob™ * © % + © tonants may agroc and may make an application to tne Mamlatdar in ssa%'? tho proseribed form for the oxchange of their tonancios in respeotcf the landsheld land. by thom as * * * tenante, (2) On rocoipt of the application, the Mamlatdar after giving notice to the land- lords concemod and after making an inquiry may sarction the exchar ge on such torms aud conditions as may bo presoribed and may issue cortificatce in the prescribed form to tho applicants. : (3) Tao oortifioatos so issued shall bo conclusive of the fact of suck exchango against tho landlords and all persons interested in the lands exchanged. (4) Esch of the two % * * tenants sball on exotange hold the land on tho same torms ond conditions on which it was held by the original tenant, ithaodiately boforo the exchange subjeot to such modifications as may have been sanctioned by the Mamlatdar. } Thooe words wero substituted for the worde oncumbrance, the claim " by Bom. 38 of 1967, 8. 17, + Theos were substituted for the word “ landlord” -by Mab. 9 of 1961, #. 15(8). 1 The word “ protected " wae deleted by Bor. 13 of 1856, 6. 23(ii}. 1m the corag village” ware deiated, iid,'a. £84) «Tho words2780 Bombay Tenancy and Agricultural Lands Act, 1948 (1948 : Bom. LXVIL A{(IL-A) Termination of tenancy by landlords, and purchase by tenants, _ of lands to which section 880 applies. Definitions. 334, For the purposes of sections 33B and 33C,— (i) ‘certificated landlord” means a person who holds a certificate issued to bim under sub-section (4) of section 88C *[but dces not include a landlord within the meaning of Chapter II1-AA holding a similar cortificate] ; and (ii) ‘excluded tenant’ means.a tenant of land to which sections 32 to 32R (both inclusive) do rot apply by virtue of sub-seetior (Z) of section 88C Special right 33B. (1) Notwithstanding anything contained in section 3), 3lAor 31B certificated certificated landlord spay, after giving notice and making an application for‘posses- «@ ferminato” sion as provided in sub-soction (3) terminate the tenancy of an excluded tenant, tenancy fOr if the landlosd bona-fde requines such land for eultivating it, personally. saltivetion. (2) Tho notice may be given and an application made by a certificated landlord, under sub-section (3), notwithstanding that in respect of the same tenancy an, application of the landlord made in accordance with sub-soction (2) of section 31— (i) is ponding bofore the Mamlatdar or in appeal before the Collector or, in revision beforo the Maharashtra Revonus Tribuual, on the date of the commence- ment of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 atah. (hereinafter referred to in this section as ‘the commoncoment dato’), or IXof (ii) bas been rejected by any authority before the commencement date. * (8) The notice required to be given under sub-section (7) ehall be in writing, and shell be served on the tonant— (a) bofore the first day of January 19 (2) if an application under soction 88C date then within three months of his re but undisposed of and ponding on that ing such certificate, and a copy of the rotice shall, at the same time, be sent to tho Mamlatdar. An upplication for possession of the land sball be made thereafter under soction 29 to the Mamlatdar before the Let day of April 1962, in the ease fallir g undor fo) avd within three months of his receiving the certificate in the ense falling under (5). (4) Whore the certificated landlord belongs to any of the following calngories namely :— {a) a minor, : (6) a widow, a . . ‘ + (@) a person subject to any physical or montal disability, ther, if be has not given notice and not made an application as requirod by sub- seotions (1) and (3), such notiee may be given and such applivation made (4) by tho lendlord within one year from the date on which ho. (i) ty ths vase of eatogory (a); attains majority ; * * * (2:'} in the case of category (d), oonsas to be subject to such physiecl or mental disability ; and {Ths hending ond sections 39A to 880 wore inserted By Mab, @ of 1001, 5.18. ~~ * This point was nmertel by Mohs 90 Of 1968 62, Bok ns 4 Clouse (2) wan deleted, i812 4 Ttom (i) wes deleted, ibid,Replacement Series No. XXVI-p. 58 1988: Bom. LXVIT] Bombay Tenancy and Agricultural Lands Act, 1948 278) {B) in the case of a widow, by the succcssor-in-title within one year from the date on which widow’s interest in the land ceases : Provided that, where a person belonging to any category is a member of a foint family, the provisions of this sub-section shall not apply if any one member of the Joint family doos not belong to any of the categories mentioned in this sub-section, ‘unless the share of such person in the foint family has been separated by motes and bounds before the lst day of March 1958 and the Mamlatdar on inquiry is satisfied that the share of such person in the land is separated, (having regard to the area, aasessment, classification and value of the land) in the same proportion ag the shere of that person in the entire foint family property, and not in a larger proportion. (6) The right of a certificated lindlord to terminate a tenancy under this section shall be-subject to the following conditions, that is to say,— (@) If any land is left over from a tenancy in respect of which other land has alseady been resumed hy the landlord or his predecessor-in-title, on the ground that that other land was required for cultivating it personally under eection 31 {or under any earlier law relating to tenancies then in force), the tenancy in respect of any land s0 left cver shall not be liable to be terminated under sub-section (1), . . (6) The landlord shall be entitled to terminate a tenancy and take possession of the land leased but to the extelit only of so much thereof as would result in both the landlord and the tenant holfing thereafter in the total an equal area for personal cultivation —the area resumed or the area left with the tenant being 4 fragment, notwithstending, and notwithstanding anything contained in section’ Bom. 31 of the Bombay Prevention of Fragmentation and Consolidation of Holdings EXT ‘Act, 1947. . | Yoer, __(c) The land leased stands in the Record of Rights (or inany public record or + simile revenue record) on the let day of January 1952 and thereafter until the commencement date in the name of the landlord himself, or of any of his anceatore (out nbs of any person from whom ttl ie derived by asignmtent ot Court spl or otherwise), or if the landlord is a member of a joint family, in the name of ‘9 member of such family. (6) The tenancy of any land left with the tenant after the termination of the tenancy under this section slull not at any time afterwards be liable to termination again on the ground that the landlord bona fide requires that land ' ~ personal cultivation. (2) If, in consequonce of the termination of the tenancy under this section, any part of the Iand leased is left with the tenant, the rent shall be apportioned in the prescribed manner in proportion to the area of the land so left with the tenant, 830. (7) Notwithstanding anything contained in sub-section (1) of section 88C, Tenants every. excluded tenant holding land from a certificated landlord shall, except as of linds otherwise provided in sub-section (3), be deemed to have purchased from the lan- inentoned lord, on the first day of April 1962, free froma all oncumbranees subsisting there- tnC to be on on the said day, the land held by hia as tenant, ifeuch land is cultivated by him ‘eemel to personally, and clang land nod othee (i) the landlord hae not given notice of termination of tenaney in accordance iettentel with sub-section (3) of section 8B, or . . "2782 «= Bombay Tenancy and Agricultural Lands Act, 1948 [1948 : Bom. LXVIT (G8) the landlord has given such notice, but has not made an application there~ after under section 29 for possession as required by the said sub-section (3), or (ds) the Iandlord, not belonging to any of the categories specified in sub-sec- tion (4) of section 33B, has not terminated the tenancy on any of the grounds specified in section 14, or has a0 terminated the tenanoy but has not applied to the Mamlatdar on or before the 3ist-day of March 196? under section 29 for possession of the land : Provided that, whore the Jandlord has made such application for possession, the tenant shall, on the date on which the application is finally decided, be deemed to have’ purchased the land which he is entitled to retain in possession after such decision. (2) (@} Where 8 tenant, on account of his eviction from the land by the land- lord before the Ist day of April 1962, is not ia possession of the land on the ssid dato, but has made or makes an application for possession of the land under sub- section (2) of section 29 within the period specified in that sub-section, then if the application is allowed by the Mamilatdar, or as the case may be, in appeal by the Collector or in revision by the Maharashtre Revenue Tribunal, he shall be deemed to have purchased the lind on the date on which the final order allowing the applioa- tion is pasted. (b) Where such tenant has not made an application for possession within the ‘period specified in sub-section (z) of section 29 or any application made by him is finally rejected under this Act, and the lend is held by any other person ay tenant on the expiry’ of the said period or’on the date of the nnal rejection of the appli- cation, such other person shall he deemed to have purchased the land on the date of the oxpiry of the said period or, as the case may’ be, on the date of the final rejection of the application, . (3) Where the certificated landlord, belonging to any of the categories specified in sab-section (4) of section 33B, has not given notice of temination of the tenancy of an excluded tenant in accordance with sub-section (3) of that section, or has given such notice but has not made an application thereafter under section 29 for possession as required by the said sub-section (3), such excluded tenant shall have the right to purchase the land held by him as tenant within one year from the expiry of the period specified in sub-section (4) of section 338 : Provided that, where the tenanpy is terminated and application for possession ia made in accordance with the provisions of sub-section (4) of section 33B, the tenant shall, within one year from the date on which such application is finally decided be entitled to purchase the land which he is entitled to'retain in possession after such decision. (4) An excluded tonant desirous of exercising the right conferred on him under sub-section (8) shallaccordingly inform the landlord and the Tribunal ‘in the preseribéd manner within the period of' one year during which he is entitied to exercise auch right under sub-section (3). (5) The provisions of sections 32 to 32R (both inclusive) shall; so far as may be applicable, apply to the purchase of lend by on excluded tenant under this section.)Roplacernent Series No. XXXIV—p. 20 1948 : Bom. LXVII] Bombay Tenancy and Agricultural Lands Act, 1948 2782A(1) 3[(LTD) Restricuion upon. holding land in excess of ceiling area. 34 [Mazimum land that can be held by a person.) Deleted by Mak, 27 of 1981, 8. 48, Second Schedule, %{B4A. Every porson holdiig land in the charge of more than ono Village Holders of Acconntant whether 98 owner or tonant or partly as owner and partly as tenant land to on the lst day of March 1957, shall within the prescribed period furnish in the fee aes prescribed manner frue particulars of all the fond So held by him to each of the of lend to Mamlatdars within whose jurisdiction any piece of such land is situate,} Mouuletdar, 35. [Provision of section 34 lo apply to land, coming into possession of person on gift, ete.) Deleted by Mah. 27 of 1961, s. 48, Second Schedule. %{85A._ (1) Whoro tho Mamlatdar, suo motu or on an application made to him Determina- in this behalf, hus reason to beliove that tho total area of land held by any person, H2n.f whother as owner or tenant or partly as owner and partly as tenent, has exeooded caren the ceiling area or the area permitted to be held under sub-soction (2) of section 34, whether on sccount of — (6) the restoration of any land to the possossion of such porson undor sub- section (2) of section 84B, or (i) the retention of any land with such person by virtue of the transfer of the land to such person not being declared to be invalid by the Mamlatdar under the proviso to sub-section (1) of section 84B or the proviso to sub-section (2) of section 84C, or by virtue of an order under the proviso to sub-section (4) of section 84C, hho shall, after holding an enquiry and after giving an opportunity to such person of being heard, determine whether the total area of land held by such. person exceeds the ceiling aron or the area pormitted undot sub-section (2) of section 34 and, if co, the oxtent and particulars of such excess land. althpibe exsist nd determined under sub-section (1) shall bo at:tho dispose of ibunsl under section 32P.] 36. Hf, aa a result of any redistribution or transfor of land undor the provisions Fragen in of this Act, any area in excess of the economic holding or ceiling area, which 2s of a erson is ontitled to hold under this Act is left over as a fragment, tho Collector fait Soldiag or ‘permit cviling ares much seaguent to remain with cither of the holders of the land, having rogard to tho Say, be Pet efficient ‘uso thereof for agricultural purposes, romain with bolder, "This portion was substituted for sations 4 aa Bom. 13 of 1056, 6. 24, 2 Thie section was Bom. 8. 2 Beclion SA “was invorted fy Mak. Bef 190 «The words and figures ““ notwithetanding retions imposed under wstions #4 and 36: ware dolated by Mahe 27 of 1901, 2, 49, Second Schwdul. *to restore ‘bo fails to cultivate within one Application tor Sena Continues of tenancy ‘an doath of tenant. QT8LA(2) Bombay Tenancy and Agricultural Lande Act, 1948 {1948 : Bom. LXVIL 87. (1) If after the landlord takes possossion of tho laud after the termination of the tenancy %{undor section 31], *{38B or section 34 of this Act as it stood immo- diately before the commencoment of the Amending Act, 1956] ha fails to uso it for any of the purposes epecifed in tho notice given under section 31], *{33B or section 84 of this Act es it stood immediatoly beforo the commencement of the Amending ‘Act 1956] witbin one year from. the date on which ho took possession or ceases to use it at any time for any of tho aforosaid purposes within twelve years from the date on which he took such possossion, the landlord shell forthwith restore possession of the land to tbo tenant whose tenancy was terminated by him, unless he has obtained from the tonant his refusal in writing to accopt the tenancy on the same terms and conditions or has offered in writing to give possossion of the land to the tenant on the same torms and conditions and the tenant has’failed to accopt the offer within threo months of tho recoipt thereof. (2) After the tenont has recovered possession under sub-section (J) he shall, subject to the provisions of this Act, hold such land on the samo terms and conditions on which he held it at the time his tenancy was terminated. (8) If the landlord has failed to restore possession of the land to the tenant as Provided in sub-section (/) he shall be liable to pay such compensation to the tenant asmey bo determined by tho Mamlatder for the loss suffered by the tenant on account of eviction, 4{(4) Tho provisions of this section shall not apply to a landlord who booomes a serving member of the armed forces ; and on that account, fails to uso the land, ‘or ceases to use it, for any of the purposes specified in the notice referred to.in sub- seotion (2) and within the period specified in that sub-section.) 38, [Circumstances in which landlord shall be deemed to cultivate personally.] Deleted by Bom, 13 of 1956, s. 26. : 39. If at any time tho tenant makes an application to the Mamlatdar and satis- fies the landlord has feiled to comply within a reasonable time with tho . rovisions of section 37, the tonant shall be ontitled on a direction by the Mamlat- toe to obtain immediate possession of the land and to such compensation ss may bo awardod by the Mamlatdar for any loss causet! to the tonsnt by eviction and by failure on the part of tho landlord to restore or give possession of the land to him us required by section 37. : "140, (1) Where a tenant (other than » permanont teuunt) divs, the landlord shall be deemod to have continued tho tensnoy on the same torms and conditions on which suck tenant was holding it at the time of his death, to such heir or heirs of tho docensed tonant as may bo willing to continue the tenancy. (2) Whore the tonaney is inhorited by heirs other than the widow of the deceased tenont, such widow shall have a charge for maintonancé on the profits of such land.} ot rate erat and figure wore rabetituted fr the words and Aigares “under sction 3 by Bom, 18 8.25 (1). Ton wor sad garantie fore words rackela od igure“ aub- ® Those ‘and Sgurot wore substituted for tho words, brackets ond tigurea “a of socuon 34" by Bost 13 of 1050, 9. 25.0). “ ubsvaion () ‘Thus eub-soction wos inverted by'Mab, 30 of 1064, e. 2, Gob. * Thia aoction wae aubatituted for the original by Boin. 19 of 1656, ». £7.m. VU of 1925. hy Replacement Series No. LXXVIII—p. 22 4 1948 : Bom. LXVIN] Bombay Tenancy and Agricultural Lands Act, 1948 2782A(3) x 41, (1) A ™ tenant Who has made an improvement on the land held by him Compensa- shall, if his tenancy is terminated under the provisigns of this Act,” be entitled to fon for ‘compensationfor such improvement. For determining the amount of the compensa- improvement tion the tenant shall apply to the Mamlatdar in the prescribed form. fenent. (2) The compensation to which a tenant shall be entitled under sub-section (2) shall be the estimated value of such improvement at the time of the termination of his tenancy. In estimating such value regard shall be paid to—" @ the amount by which the value of the land is increased by the improvement; @)_the present condition of the improvement and the probable duration of its effects; (©) the labour and capital provided or spent by the tenant for the making of « the improvement; and (@) any reduction or remission of rent or other advantage allowed to the tenant by the landlord in consideration of the improvement ‘including permanent fixtures]. 42. A 3* tenant shall “be entitled to erect a farm-house on the land held by Tenant's him as a ** tenant. right to . orect farm- house. 43, (7) No land purchased by a tenant under section 32, 32F, 4[321, 320, Restriction 4{33C or 43-ID]]-or sold to any person under section 32P or 64 shall be transferred or {zansfors by sale, gift, exchange, mortgage, lease or assignment °* * * * without the of land Pure previous sanction of the Collector, [Such sanction shall be given by the Collector Sold undor ~ in such circumstances, and subject to such conditions, as may’be preseribed by the this Act. State Government: : * Provided that, no such sanction shall be necessary where’ the land is to be mortgaged in favour of Government or a society registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925, for raising a loan for effecting any improvement of such land. (2) Any transfer 8* * * * of land in contravention’ of sub-section (/) shall be invalid] {CHAPTER ULAA. : SPECIAL PROVISIONS FOR TERMINATION OF TENANCY BY LANDLORDS WHO ARE ‘OR HAVE BEEN SERVING MEMBERS OF THE ARMED FORCES ; AND FOR PURCHASE OF THEIR LANDS BY TENANTS. 431A. In this Chapter, ualess the context requires otherwise, “ landlord” means Definition. a landlord (including a certificated landlord within the meaning of section 334) who * The word ‘ protectod was deleted by Bom. 13 of 1956, s. 28. ~ * Those words were inserted, Zbid. . 4 This section was substituted for the original, ibid. s. 29. « This portion was substituted for "321 or 320 " by Mah. 9 of 1961, s. 20) sep THiS Potion was substituted forthe word, Agures and liter “or 33C by Mah. 29 of 1964s. 2, - t The words “ or partitioned " were deemed always to have been deleted by Mah. 5 of 19825. 3(0. ‘Sub-section (2) of section 3 of Mah. 5 of 1982 reads as follows :— “ (2) Notwithstanding the amendment of section 43 of the Bombay Tenancy Act made by, sub-section (7) of this scetion, where any orders have been made, by the Collector or any of ‘Officer exercising the powers of the Collector under the said section 43, declaring partition any Jand as invalid and the person concerned has becn evicted by the Collector or such officer from such land, before the cormmencement of this Act, then such orders shall not be affec’ed by the amendment aforesaid. but shall continuc to-be in operation as before ". 1 This portion was added by Mah. 9 of 1961, s, 20 (i). * These words "or partition” were deemed always to have been deleted by Mah. of 1982, s.3 (6). © Chapter ILI-AA vite inserted by Mah, 39 of 1964, s.2., Sch2782A(4) Bombay Tenancy and Agricultural Lands Act, 1948 [1948 : Bom, LXVIL is, or has ceased to be, a serving member of the armed forces; and in relation to the land of a landlord who is dead, includes his widow, son, son’s son, unmarried daughter, father or mother. : t Right of 43-JB. (1) Notwithstanding anything contained in the foregoing provisions of : landlord to this Act, but subject (0 the provisions of this section, it shall be lawful to a landlord tho tonaney. at any time after the commencement of the Tenancy and Agricultural Lands Laws Mah. (Amendment) Act, 1964, to terminate the tenancy of any land and obtain possession XXX. ' thereof, but— . . Tet i @ of so much of such land as will be sufficient to make up the total land in his actual possession equal to the ceiling area ; and (0) where the landlord is a member of a joint family, only to the extent of his share in the land (not exceeding the ceiling area) held by the joint family, provided that, the Mamlatdar on inquiry is satisfied“that such share has (regard being ~ had'to the area, assessment, classification and value of land), been separated by metes and bounds in the same proportion as his share in the entire joint family property and not in a larger proportion. (2) No tenancy of any tand shall be terminated under sub-section (J), unless a notice in writing is given to the tenant, and an application for possession under sub-section (3-4) of section 29 is made tothe Collector : : Provided that in the case of a landlord who has ceased to be a serving member of the armed forces, such notice shall be given and application made within two years from the date of such cesser ; and if he dies before the expiry of these two years without giving such notice or making such application, then within two years - from the date of his death. (3) Nothing in this Chapter shall— (2) apply to a tenancy of land created (after obtaining possession thereof under the provisions of this Chapter) by a landlord who has ceased to be a serving * member of the armed forces ; but the provisions of section 32-O shall apply to. such tenancy as they apply in relation to a tenancy created after the tillers day ; (6) entitle a landlord who has ceased to be a serving member of the armed forces (as 2 result of his being duly dismissed or discharged after a court martial or on account of bad character or as a result of desertion) or who has not been attested, to terminate the teriancy of his land under this section. {# Nothing in the Bombay Prevention of Fragmentation and Consolidation of Bom. Holding Act, 1947, shall affect the termination of any tenancy under this Chapter. LXIE « ‘A of Transfer of 431C, All proceedings for recovery of restoration of possession of land filed pending under section 31 of 33B by a landlord pending immediately before the commence- Mab, 1 brgceeding ment of the Tenancy and Agricultural Lands Laws (Amendment) Act, 1964, before XXX- ‘and State @ Mamlatdar shail (subject to any rules made as respects such transfer ot any matter usr Government, incidental thereto) on such commencement, stand transferred to the Collector, °° and all such proceedings pending in appeal before the Collector or in revision before the Maharashtra Revenue Tribunal shall likewise stand transferred to the State Government ; and such proceedings shall be deemed to have been instituted for restoration of the land before the Collector under section 43-1B, or as the case may be, pending in revision before the State Government under section 73-A and be disposed of accordingly. .Replacement Series No. XKXIV—p. 82 1948 :Bom. LXVIN] Bombay Tenanoy and Agricultural Lands Act, 1948 2782A(65) 48-1D. (1) Notwithstanding anything contained in the foregoing provisions Right of of this Act, or any law, agreement, custom or usage to the contrary, but subject teasnt to to the provisions of this section, a tenant holding land from a landlord shall, subject potshe™, to the provisions of section 32A, be entitled to purchase from the léndlord— landlord. {a) whero the landlord fail to make an application as required by section 48-1B, the entire land so held by him, and (0) in any other caso, such part of the land held by the tenant an is left with him after the termination of tenancy under eection 43-1B. & (2) The right to purchase land under sub-section (2) shall be exercised within one year from {he date-on which possession of the land is obtained by the landlord in pursuance of the provisions of section 43-1B ; or as the caso may be, alter the expiry of the poriod roforred to in the’proviso to sub-section (2) of seotion 43-1B ; and intimation of exercise of the right shall be sent to the landlord and the Tribunal @ ithe prescribed manner within the period aforesaid. (8) The provisions of sections.32 to 32E (both inelusive) and scction 326 to 32N (both inchisive) and sections 32P, 32Q and 32R shall apply to tho purchase of the land by a tenant under sub-section (7) as those provisions apply in relation to the purchase of Iand ander section 82. 49-1B. Nothing in this Chapter shall apply in relation to land, which before gaving. Meh. the commencement of the Tenancy and Agricultural Lands Laws (Amendment) XXOX Act, 1964 is purchased by any tenant. under the provisions of Chapter ITT.] {CHAPTER III-A. Srorat Provyions vor Lanns weip ox Lease Bx INUsTRIAs, on Commenorat, ‘UNDERTAKINGS AND BY CERTAIN PERSON FOR THE CULTIVATION OF SUGAROANE AND ODER Notreinp AGRIOULTURAL PRODUCE. 4A. (1) The provisions of sections 4B, 8,9,9A,9B, 9C, 10, 10A, 14, 1€, 17, Somo of the 17A, 17B, 18, 27, 81 to 81D (both inclusive), 82 10 32R (both inclusive). %[33A, a 83B,330,) %* * 43, 63, 63, 64 and 65, uhall not apply to— to fonees e (a) {land leased to or held by] any industrial or commercial undertaking pd obtain: (other than a Co-operative Society) which inthe opinion of the State Govorn- trial or oom. ment bona fide carries on any industrial or commercial operations and which is mesial vs approved by the State Government: ; kings, (8) leases of land granted to any bodies or persons othe: than thoso mentioned oPerize, + jw clause (a) for the cultivation of sugarcane or the growing of fruits or flowers for euhive- or for tho breeding of livestock ; . tion of soe (0) to lands held or leased by such co-operative socictics as ure approved in or flowers. the prescribed manner by tho State Government which have for their objects ‘the improvement: of the economic and social conditions of peasants or ensring the fall and officient use of land for ugrioulture and allied pureuits. 7 Chapters TH-A and ILD wore inserted by Bom. * These figures and letters wore inserted 8 of 1961, 0, $1, 1 Fee'bgibee "4, 35" wore deleted by Min, 27 of 1061, » 48, Second Schedule, 4 Theao words woro mubstituted for the words " lentes of laad granted to, or for the benef Sf” dy ‘Bom. $8 of 1067, «30 (1).+ 8982A(6) Bombay Tenancy and Agricultural Lands Act, 1948 [1948 :Bom. LXVIL (2) The State Governmont may by notification in the Oficial Gazette in this behalf direct that the provisions of the said sections shall not apply to a Iease of land obtained by any person for growing any other clase of agricul: ural produec +o which it is dal isfied that it will not be expedient in the public interest to apply ‘the said provisions. Before the issue of such notification, the State Government shall direct an inquiry to be made by an officer authorised in this behalf by the State Government and shall givo all poraons who are likely to be affeoted by such notification, an opportunity to submit their objections, (8) Notwithstanding anything contained in eub:soctions (1) and (2), it shell be lawful for the Stato Governmont to direct, By notification in tho Official Gazette that tle loases "[or lands, as the case may be ] to which the provisions of sub-sections (1) and (2) apply, shall be subject to auch conditions as may be specified in tho notification, in rospect of — (a) the duration of the loase ; (0) the improvements to be mado ontho land and the formation of co-operative farming societies for that purpose and financial agsist ance to such societies ; (c) the payment of land revenue, irrigation cess, looal fund cese and any other charges payable to the State Government or any local authority ; or (d) any other matter referred to in sections mentioned in aub-sestion (2). Baceoneble 438. Notwithstanding any agreement, usage, decree or order of a court or any ined other authority, in the oare of any land to which section 43A applios,thorent payable shall be ressonable rent as determined under the following alauses :— (J) A landlord or a tenantof such land may make an application in writing to tho Mamalatdar for the determination of the reasonable rent in’reapect of such land. (2) On reooipt of suoh application, the Mamlatdar shall give hhotice thereof te the other party to the leaso and after holding an inquiry shall determine the reasonable rent. (3) In determining the reasonable rent togard shall bo had to the following, factors :— (a) profits of agrioulture of similar lands in the locality, (B) prices in the locality of the partiowar orop for the growing of which the and is lousod, (¢) tho improvements made in the land by the lessee or the landlord, (@) tho assosement payable in reapest of land, (c) the profits realised by the lossce on account of ihe lease of the land, (J) profs osrned by an industrial or commorcial undertaking by the manufao- tute or sale of articles made out of the produce of the land leased, (g) such otner factors as may be prescribed. (4) Tho reasonable rent determined by the Mamlat dar under clauso (2) shall, with offcot from *{the date apcoified by the Mamlatdar] in that: bebalf, be decmed to be the xent fixed under the leaso in lieu of the rent, if any, agrood botween the part ies. of 1, a. 20 2 hte Tor ante fo tb worde ike ote of tha onder of the Gailctor made " ibid, «21.Replacement Serles No. LXV—p. 11 . 1948: Bom. LXVI] Bombay Tenancy and Agricultural Lands Act, 1948 — 2782A(7) + CHAPTER II-B. SPECIAL PROVISIONS IN RESPECT OF AREAS WITHIN THE LIMITS OF A MUNICIPALITY on & CANTONMENT. 43C. [Nothing in sections 31] to 32R (both inclusive) *%{, 33A, 33B, 33C] and 43 Certain shall apply to lands in the areas within the limits of — provisions ny te not to apply to municipal or canton- (a) Greater Bombay, ‘ment areas. Bom, __ (6) a municipal corporation constituted under Bombay Provincial Municipat ux ‘Corporations Act, 1949, ._ (c) & municipal borough constituted ‘under the Bombay Municipal Borougiis XVOL Act, 1925, pom, @) a municipal district constitnted under the Bombay District Municipal Met Act, 1901, : (©) 8 cantonment, or Bom. _(f) any area included in a Town Planning Scheme under the Bombay Town 2OKV" Planning Act, 1954: Provided that if any person has acquired any right as a tenant under this Act on of after the 28th December 1948, the said right shall not be deemed to have bren Bom. affected by the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1552, YOO of t8'* * * by the Amending Act, 1955, notwithstanding the fact that cither of jasz, the said Acts has been made applicable to the area in which such land is situate: $43D. [Termination of tendncy.j Deleted by Mah. 10 of 1977, s. 3. > 1 These words and Gigures were substitut~d for the words and figures “ Nothing in section 32.” by Mah. £0 of 197. s. 2(1). +s hhese figures and letters were inserted by Mah. 9 of 1961, s. 22. "The brackets, words, figures and fetter “(save as expressly provided in section 43D), ” were deleted by Mah. 10 of 1977, 5. 22). {Section 6 of Mah. 10 of 1977 reads as follows :— “6, Notwithstanding the deletion of section 43D of the Bombay Tenancy Actand of section 61 Savings of the Vidarbha Tenancy Act, where proceedings for termination of Yenancies are pending before 7 the appropriate authority under any suck Actand the landlord has taken possession of the land ‘an or before the dateof introduction of the Maharashtra Tenancy Laws and the Maharashtra Regionaland Towa Planning (Amendment) Bill 1976, inthe Maharashtra Legsntve ‘Assembly. then such proceedings shall be continued and disposed of by such authority, as if, this Act had not been passed, in all other cases, notwithstanding any judgement, decree or’ order of any court, tribunal oréuthority, such peading proceedings, shall abate, and the tenant shall continue to hold the land in accordance with the provisions of the Bombay Tenancy Act, oras the case mey 6 ‘be, the Vidarbha Tenancy Act.”* — 2782A(8) Bombay Tenancy and Agricultural Lands Act, 1948 {1948 : Bom, LXVIT CHAPTER IV ‘MANAGEMENT OF ESYATHS HELD BY LANDHOLDERS. Powersto 44. Notwithstanding any law for the time being in foros, usage or custom or mana the terms of contract or grant, when the {Staté] Government is satisfied that “rnc. on account of the neglect of a landholder or disputes between him and his tenants holder's the cultivation of his estate has scriously suflered, or whea it appears to the 1{State} ‘estate. Government that it is necessary *[for the said purpose or for the purpose of] ensuring the full and efficient use of land for agriculture to assume management of any landholder’s estate, a notification announcing such intention shall be published in the Official Gazette, and the Collector shall cause notice of the substance of such notification to be given at convenient places in the tocatity where the estate is situated. Such notification shall be conclusive. » This word was substituted for the word “* Provincial" by the Adaptation of Laws Order, 1950. "These words were substituted for the words “for tie purpose:of improving the .conomic and social condition of peasants or ” by Bom. 33 of 1952,s. 11, 6 e a @+ @ Roplecement Seria No XV—p. 154 1949 : Bom, LXVII} Bombay Ponancy ond Agiroultural Land? Act, 1948 782A 45. (1) On the publication of the notificatjon under section 44, the estate Tonting of in respect of which the notification has beon publiched shall, co long as the uanag- Samgentent. ment continues, vect in the *{State] Government. Such management chall deemed to commence from the date on which the notification is publiehed and the %State] Government chall appoint a Manager to be in charge cf euch estate.) 4{(2) Notwithstanding the vesting of the estate in the State Government under sub-eection (J), the tenant holding the lands on lease comprised in the estate eball, ‘ave as otherwise provided in this Chapter, continue to have the same right and shall be eubject to the came obligations, as they have or are subject under the preceding Chapters in respect of the lands held by them on leate.] 48. On tho publication of the notification imdor coction 44, the following Eifost of consequences ehall-eneue -— cane (2) AN proveedings then ponding in any” Civil Court in recpect to the dobte-and ™ babies enforceable against the estate fe thal be stayed; and the operation of all processes, axecution# and attachments then in force for or in respect of such debte and liabilities chal! be suspended ; (@) 80 long as the management continues no fresh procedings, processes, executions or attachnients chall be instituted in or ireuod, enforced or executed by any Civil Court in respect of'such debts and Labilities ; (3) Bo 9 Tong as the manegement continues the holdor of the estate ehall be incompetent— (a) to enter into any contract involving ,the esfate in pecuniary liability, () to mortgage, charge, leato or alinato the property under mansgemont or any part thereof, or ‘ (0) to grant valid receipts for the rents and profits arising or accruirg thero- from ¢ Provided that nothing contained in this cection rhell be deemed to preciudo tho Manager from letting and tho holder from takistg the whole or a part of such estate on euch terms consistect with this Act as may be agreed upon between the partios ; (4) So long as the managemont continues, no percon other than the Manegor shall be competent to mortgege, chargo, loate or alienate cuch estate or any part thereof. 47. (2) The Monager ehall during the managoment of tho ostate have all tho Manager's Powers which the holder theroof might as euch have oxercited ard ehall receive Pov and recover aff rents and profits due in roxpect of the property under mangement. (2) Por the purposes of recovering tuch rants and profits tho Manager rhall have, in addition to any powers poreossod by tho holder, oll the powers poreorred by the Collector under the law for tho timo be ng in force for cecurirg end recovering Tand revenue duo to Government. ‘pee Den tae coors fi ee oe er te Srey, 10. * Bub-section (2) was added by Bom, 33 of 1082, «. 13. 1