The Bombay Tenancy &

Agricultural Lands Act 1948

By Hardik Parikh, Asst. Prof. of

Law, GNLU 1
 Ways by Which land can be
accessed
 Land Purchased from the market
 Redistribution of ceiling surplus land
 Distribution of leasing of Government
Land
 Open land ceiling

By Hardik Parikh, Asst. Prof. of

Law, GNLU 2
 Introduction
 System of agricultural tenancy – land owner does
not cultivate land himself but lease out to others
for cultivation against payment – present in all the
agrarian reforms
 Adopted as reforms from the time of independence
 Concept of “Socialism”

By Hardik Parikh, Asst. Prof. of

Law, GNLU 3
Land Leasing in various parts of
India
 Jammu Kashmir & Kerala
 Telangana, Bihar, Jharkhand, Karnataka, MP,
Chhattisgarh, UP, Uttaranchal, HP, Orissa
 Punjab, Haryana, Gujarat, Maharashtra, Assam
 Andhra Pradesh, Rajasthan, Tamil Nadu, West
Bengal,
 Scheduled areas of Andhra Pradesh, Bihar,
Jharkhand, Chhattisgarh, Orissa, MP & Maharashtra

By Hardik Parikh, Asst. Prof. of

Law, GNLU 4
 Areas Method of Lease

Jammu Kashmir & Kerala Legal ban on Lease of agricultural land

without any exception

Telangana, Bihar, Jharkhand, Karnataka, MP, Lease of agricultural land permitted to

Chhattisgarh, UP, Uttaranchal, HP, Orissa certain categories of persons like
disable, minor, widow, defence persons
etc.

Punjab, Haryana, Gujarat, Maharashtra, Assam No specific ban on lease – Tenant

acquires right to purchase the leased
land from the owner within specified
period – Protection to tenancy
Andhra Pradesh, Rajasthan, Tamil Nadu, West No legal ban. W.B – Only share cropping
Bengal, leases are permitted. Limits from leasing
out land

Scheduled areas of Andhra Pradesh, Bihar, Transfer of land by lease permitted from
Jharkhand, Chhattisgarh, Orissa, MP & tribal to non-tribal only by competent
Maharashtra By Hardikauthority
Parikh, Asst. Prof. of
Law, GNLU 5
 Many states practice – sharecroppers are not
explicitly recognized as tenants – No protection
(AP, Bihar, Jharkhand, Karnataka, MP, Chhattisgarh, UP,
Uttaranchal, Haryana, Punjab, Rajasthan, TN)
 Other restrictions includes-
 Fixation of fair amount of rent,
 No legal permission to eject tenants except on specified
grounds

By Hardik Parikh, Asst. Prof. of

Law, GNLU 6
 Key Issues
 Does a tenant feel secure on tenanted land and make investment in land
improvement measures for raising productivity?
 Does a landowner feel constrained in leasing out land due to restrictive
tenancy laws?
 Does an informal tenant have to pay higher rent due to his unequal
bargaining power vis-à-vis the land owner?
 Is lease farming less efficient than own farming in terms of yields, returns
and factor productivity?
 Is share tenancy more productive and preferred than fixed rent tenancy
by land owners and tenants?
 Does the pattern of land leasing vary with levels of irrigation, productivity,
poverty etc?
By Hardik Parikh, Asst. Prof. of
Law, GNLU 7
 The Bombay Tenancy &
Agricultural Lands Act 1948

Now in Gujarat – Gujarat Tenancy &

Agricultural Lands Act

By Hardik Parikh, Asst. Prof. of

Law, GNLU 8
 Object of the Act
 An Act to amend the law relating to
tenancies of agricultural lands.
 Necessity to amend the law which
governs the relations of landlords and
tenants of agricultural lands;

By Hardik Parikh, Asst. Prof. of

Law, GNLU 9
 On account of the neglecting..
 a landholder or
 disputes between a landholder and his
tenants,
 the cultivation of his estate has seriously
suffered,

By Hardik Parikh, Asst. Prof. of

Law, GNLU 10
 For the purpose of improving the
economic and social conditions of
peasants,
 For ensuring the full and efficient use of
land for agriculture,

By Hardik Parikh, Asst. Prof. of

Law, GNLU 11
 For assuming management of estates held by
landholders and
 To regulate and impose restrictions on the
transfer of agricultural lands, dwelling houses,
sites and lands appurtenant thereto belonging
to or occupied by agriculturists, agricultural
labourers.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 12
 Important Definitions
 "Agriculture" includes horticulture, the raising
of crops, grass or garden produce, the use by
an agriculturist of the land held by him or a
part thereof for the grazing of his cattle, the
use of any land, whether or not an
appendage to rice or paddy land, for the
purpose of rab manure but does not include
allied pursuits or the cutting of wood only.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 13
 "Agricultural labourer" means a person
whose principal means of livelihood is
manual labour on land;

By Hardik Parikh, Asst. Prof. of

Law, GNLU 14
 "Landholder" means a zamindar, jahagirdar,
saranjamdar, inamdar, talukdar, 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 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

By Hardik Parikh, Asst. Prof. of

Law, GNLU 15
 Personal Cultivation?
Sec.2(6)
 means to cultivate land on one's own
account:-
(i) by one's own labour, or
(ii) by the labour of any member of one's
family, or
(iii) under the personal supervision of oneself
or any member of one's family, by hired labour
or by servants on wages payable in cash or
kind but not in crop share,
By Hardik Parikh, Asst. Prof. of
Law, GNLU 16
 Explanations
 1. A widow or a minor, or a person who is subject to
physical or mental disability, 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 .
 2. 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 family;

By Hardik Parikh, Asst. Prof. of

Law, GNLU 17
 Who is Tenant?
 (1) A person lawfully cultivating any land belonging to
another person 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

 (b) a servant on wages payable in cash or kind but not crop share or
hired labourer cultivating the land under the personal supervision of
the owner of any member of the owner’s family, or

 (c) a mortgage in possession.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 18
 Explanation- I A person shall not be
deemed to be tenant under this section if
such person has been on an application made
by the owner of the land as provided under
section 2A of the Bombay Tenancy Act, 1939,
decided by a competent authority not to be a
tenant.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 19
 Explanation- II 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.
By Hardik Parikh, Asst. Prof. of
Law, GNLU 20
 Various Provisions for
protection of Tenants
 Sec. 4 B:- No tenancy of any land
shall be terminated merely on the
ground that the period fixed by the
agreement or usage for its duration
has expired.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 21
 Provisions of fixing rent – Sec. 8 & 9
 The landlord shall not be liable to make
any contribution towards the cultivation
of the land in the possession of his
tenant except under any order of any
court - Section 9B

By Hardik Parikh, Asst. Prof. of

Law, GNLU 22
 Refund of rent in contravention
of provisions of this act
 If any landlord recovers rent from ant tenant in
contravention of the provisions of this act, he shall
forthwith refund the excess amount recovered to
the tenant and,
 Shall be liable to pay such compensation to the
tenant as may be determined by the Mamlatdar
and,
 Shall also be liable to such penalty as may be
prescribed by rules made under this Act. – Sec. 10

By Hardik Parikh, Asst. Prof. of

Law, GNLU 23
 Payment of Land Revenue
and other cess
 Tenant shall be liable to pay all the
amount of land revenue and certain
other cesses - Section 10 A

By Hardik Parikh, Asst. Prof. of

Law, GNLU 24
 Abolition of other Cesses
 It shall not be lawful for any landlord to
levy any cess, rate, vero, huk or tax or
service of any description or
denomination whatsoever from any
tenant in respect of any land held by
him as a tenant other than the rent
lawfully due in respect of such land. –
Sec. 11
By Hardik Parikh, Asst. Prof. of
Law, GNLU 25
 Termination of Tenancy
 Various Grounds
 Three Months prior notice is required.
 Sec. 14
 Tenancy may be surrendered by Tenant
u/s 15.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 26
 Fixed grounds for termination
 Failure of payment of revenue before 31st
May of year.
 Act of destruction to the land
permanent in nature
 Sub-division of land
 Failure to cultivate personally
 Use of land for non-agricltural purposes

By Hardik Parikh, Asst. Prof. of

Law, GNLU 27
 Bar on eviction from
dwelling houses
 If in any village, a tenant is in occupation of a
dwelling house built at the expense of such
tenant or his predecessor-in-title on a site
belonging to his, landlord, such tenant shall
not be evicted from such dwelling house. –
Sec. 16

By Hardik Parikh, Asst. Prof. of

Law, GNLU 28
 Tenant to be given first option of
purchasing site on which he has built a
dwelling house – Sec. 17
 Three Months notice period.
 No reply – Waiver of rights.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 29
 These provisions are applicable to
the dwelling houses of agricultural
labourers, etc also. - Section 18

By Hardik Parikh, Asst. Prof. of

Law, GNLU 30
 Tenant's right to trees planted by
him in respect of the agricultural
land. - Section 19

By Hardik Parikh, Asst. Prof. of

Law, GNLU 31
 Prohibition on Sub-division, sub-letting and
assignment prohibited - Section 27
 Exceptions – Sub-division & partition due
to succession
 Sub Letting by minor, widow and physical or
mental disable person and person serving in
armed forces – permissible.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 32
 Bar to attachment, seizure or sale
by process of court - Section 28

By Hardik Parikh, Asst. Prof. of

Law, GNLU 33
 Chapter III
 Sec. 31 – 43
 Special rights and privileges of
tenant and provisions for
distribution of land for personal
cultivation.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 34
 Sec. 31
 Landlord’s right to terminate tenancy
for personal cultivation and non-
agricultural purpose.
 Bonafide Purpose
 Notice and permission from the
mamalatdar.
 Subject to Conditions.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 35
 Sec. 31-A: Conditions for
termination of tenancy
 Landlord does not have any other land of his
ownership for cultivation.
 Cultivation is the only principal source of
Income for maintenance.
 In case of more tenancies, only the shortest
duration of tenancy can be terminated.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 36
 Sec. 31 – C: No further termination
of tenancy after termination under
section 31.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 37
 Section 32
 Tenants deemed to have purchased land
on tillers day – 1st April 1957 on conditions
that,
 Tenant is permanent tenant and cultivating land
personally.
 Tenant is not permanent but cultivating land
personally.
 No notice of termination is given by landlord.
 Landlord has not terminated tenancy

By Hardik Parikh, Asst. Prof. of

Law, GNLU 38
 Sec. 32 – A, B & C
 Tenants are deemed to purchase the
land up to ceiling area if the land is less
than ceiling area.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 39
 Sec. 32 G & H
 Determination of the rate for the
land deemed to be purchased by
the tenant.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 40
 Sec. 32-I
 Sub-tenant of permanent tenant
to be deemed to have purchased
land on tillers day subject to
fulfillment of conditions of this act.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 41
 Sec. 32 – K
 Mode of payment of determined
rate amount for the land deemed
to be purchased.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 42
 Section 32-M
 Purchase to be ineffective on
tenant-purchaser's failure to
pay purchase price

By Hardik Parikh, Asst. Prof. of

Law, GNLU 43
 Section 32 – N
 Landlords right to recover
rent when purchase becomes
ineffective

By Hardik Parikh, Asst. Prof. of

Law, GNLU 44
 Section 32M
 Purchase to be ineffective on
tenant-purchaser's failure to
pay purchase price

By Hardik Parikh, Asst. Prof. of

Law, GNLU 45
 Section 32R
 Purchaser to be evicted if he
fails to cultivate personally,
unless the Collector condones such
failure for sufficient reasons, and
the land shall be disposed of in
accordance with the provisions of
section 84C
By Hardik Parikh, Asst. Prof. of
Law, GNLU 46
 Section 37
 Landlord to restore possession
if he fails to cultivate within one
year from the date of obtaining
possession.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 47
 Section 40
 Continuation of tenancy on death
of tenant
 Where a tenant dies, the landlord shall be
deemed to have continued the tenancy on
the same terms and conditions on which
such tenant was holding it at the time of his
death, to such heir or heirs of the
deceased tenant as may be willing to
continue the tenancy.
By Hardik Parikh, Asst. Prof. of
Law, GNLU 48
Section 43 Restriction on transfer of
land purchased or sold under land
 No land purchased by a tenant shall be
transferred by sale, gift, exchange,
mortgage, lease or assignment without
the previous sanction of the Collector,
 Provided that, no such sanction shall be
necessary where the land is to be mortgaged
in favour of the Government or a society
registered or deemed to be registered

By Hardik Parikh, Asst. Prof. of

Law, GNLU 49
 CHAPTER 5
Restrictions on transfers of
agricultural lands,
management of uncultivated
lands and acquisition of
estates and lands
By Hardik Parikh, Asst. Prof. of
Law, GNLU 50
Sec. 63 - Transfers to non-
agriculturists barred
 No sale (including sales in execution of a decree of a
Civil Court or for recovery of arrears of land revenue
or for sums recoverable as arrears of land revenue),
gift, exchange or lease of any land or interest
therein, or
 No mortgage of any land or interest therein, in which
the possession of the mortgaged property is
delivered to the mortgagee, shall be valid in favour
of person who is not an agriculturist or who is
not an agricultural labourer.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 51
Section 63IA Transfer to non-agriculturist
for bona fide industrial use

 Notwithstanding anything contained in section

63, it shall be lawful for a person to sell land,
without permission of the Collector, to any
person who is or is not an agriculturist and
who intends to convert the same to a bona
fide industrial use, where such land is
located within,
 The industrial zone of a draft or final regional plan or
 Draft interim or final development plan or
 Draft or final town planning scheme, as the case may be.
By Hardik Parikh, Asst. Prof. of
Law, GNLU 52
 “Bonafide industrial use"
 The activity of manufacture, preservation of processing of
goods, or any handicraft, or industrial business or
enterprise, carried on by any person, and shall include
construction of industrial buildings used for the
manufacturing process or purpose, or power projects and
ancillary industrial usages like research and development,
godown, canteen office building of the industry concerned,
or providing housing accommodation to the workers of the
industry concerned, or establishment of an industrial
estate including a co-operative industrial estate, service
industry, cottage industry, gramodyog units or gramodyog
vasahats.
By Hardik Parikh, Asst. Prof. of
Law, GNLU 53
 Section 64A - Exemption to sales by
or in favour of co-operative societies –
Provisions of section 63 and 64 shall not
apply to sales effected by or in favour
of a co-operative society

By Hardik Parikh, Asst. Prof. of

Law, GNLU 54
 Assumption of Management of
Uncultivated Land – Sec. 65: In
case of land not cultivated for 2
consecutive years land shall vest in
State Government

By Hardik Parikh, Asst. Prof. of

Law, GNLU 55
Establishment of Tribunal
- Section 67
 Agricultural Land Tribunal for
each taluka shall be constituted.
 Comprised of Three Members.
 Member of Civil Judiciary or
 Experienced Lawyer

By Hardik Parikh, Asst. Prof. of

Law, GNLU 56
 Powers and Duties of
Tribunal
 Sec. 68 – Duties
 Sec. 69 – Powers – Civil courts as
per CPC

By Hardik Parikh, Asst. Prof. of

Law, GNLU 57
 Mamalatdar
 Sec. 70 – Duties of Mamalatdar.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 58
 Appeals
 Sec. 74 – Appeal against orders of
Mamalatdar and Tribunal before the
District Collector.
 Gujarat Revenue Tribunal
 Sec. 85 – Bar on Jurisdiction of Civil
Court

By Hardik Parikh, Asst. Prof. of

Law, GNLU 59
 Section 79 Limitation
 Every appeal or application for revision
under this Act shall be filed within a
period of sixty days from the date of
the order of the Mamlatdar, Tribunal or
Collector,

By Hardik Parikh, Asst. Prof. of

Law, GNLU 60
 Section 84 Summary
eviction
 Any person in unauthorized way occupying or
wrongfully in possession of any land:-
 (a) the transfer [or acquisition] of which either of the
Act of parties or by the operation of law is invalid
under the provisions of this Act,
 (b) the management of which has been assumed
under the said provisions, or
 (c) to the use and occupation of which he is not
entitled under the said provisions and the said
provisions do not provide for the eviction of such
persons, may be summarily evicted by the collector.

By Hardik Parikh, Asst. Prof. of

Law, GNLU 61