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Bombay Tenancy and Agricultural Lands Act, 1948 Complete Act - Bare Act

StateMaharashtra Government
Year
Act Info:
BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948

BOMBAY
TENANCY AND AGRICULTURAL LANDS ACT, 1948

67 of 1948

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 lands; AND WHEREAS, on account of the neglect of a landholder or disputes betsveen a landholder and his tenants, the cultivation of his estate has seriously suffered, or for the purpose of improving the economic and social conditions of peasants or ensuring the full and efficient use of land for agriculture, it is expedient to assume 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 and artisans in the Province of Bombay and to make provisions for certain other purpose hereinafter appearing; It is enacted as follows:-


CHAPTER 1 Preliminary

Section 1 Short title, extent and commencement

(1) This Act may be called the BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948.

(2) It extends to the [Bombay area of the State of Maharashtra]. Notifications

Section 2 Definitions

In this Act, unless there if anything repugnant in the subject or context:-

(1) "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 appanage to rice or paddy land, for the purpose of rab manure but does not include allied pursuits or the cutting of wood only;

(1A) "Agricultural labourer" means a person whose principal means of livelihood is manual labour on land;

(2) "Agriculturist" means a person who cultivates land personally;

(2A) "allied pursuits" means dairy farming, poultry farming, breeding of livestock, grazing [(other than the pasturage of one's own agricultural cattle)] and such other pursuits as may be prescribed:

(2B) "appointed day" means the 15* day of June 1955;

(2C) "backward area" means any area declared by the State Government to be a backward area being an area in which, in the opinion of the State Government socially, economically and educationally backward classes of citizens predominate; and includes an area declared to be section Schedules area under paragraph 6 of the Fifth Schedule to the Constitution of India;

(2D) "ceiling area" means in relation to land held by a person whether as an owner or tenant or partly as owner and partly as tenant the area of land fixed as ceiling area under section 5 or SECTION 7;

(2E) "Collector" includes an Assistant or Deputy Collector performing the duties and exercising the powers of the Collector under the 'Bombay Land Revenue Code, 1879, (Bom V of 1879) or any other officer 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 the Bombay Co-operative Societies Act, 1925, (Bom VII of 1925) or a society deemed to have been registered under the said Act;

(4) "Co-operative Farming Society" means a society registered as such under the Bombay Co-operative Societies Act, 1925;(Bom VII of .1925)

(5)"to cultivate" with its grammatical variations and cognate expressions means to till or husband the land for the purpose of raising or improving agricultural produce, whether by manual labour or by means of cattle or machinery, or to carry on any agricultural operation thereon; and the expression "uncultivated" shall be construed correspondingly;

Explanation:- A person who takes up a contract to cut grass, or to gather the fruits or other produce of trees on any land, shall not on that account only be deemed to cultivate such land;

(6) "to cultivate personally" 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, being land, the entire area of which:-

(a) is situate within the limits of a single village, or

(b) is so situated that no piece of land is separated from another by a distance of more than five miles, or

(c) forms one compact block:

Provided that, the restrictions contained in clauses (a), (b) and (c) shall not apply to any land:-

(i) which does not exceed twice the ceiling area;

(ii) upto twice the ceiling area, if such land exceeds twice the ceiling area.

Explanation I:- 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 .

Explanation II:- 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;

(6A) "economic holding" means in relation to land held by a 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 or SECTION 7;

(6B) "fragment" means a fragment as defined in sub-section (4) of S.2 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947;] (Bom LXII of 1947)

(6C) "to hold land" as an owner or tenant shall, for the purposes o clause (2D) of this section and [section 32 (1B), 32A], 32B, [and 63], mean to be lawfully in actual possession of land as owner or tenant, as the case may be;

(7) "Improvement" means with reference to any land, 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;

(b) the construction of works for the drainage of land or for protection of land from floods or from erosion or other damage from water;

(c) the reclaiming, clearing, enclosing, leveling or terracing of land;

(d) the erection of buildings on the land, required for the convenient or profitable use of such land for agricultural purposes; and

(e) 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, leveling, enclosures, temporary wells, water channels and other works as are commonly made by 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;

(8)"land" means:-

(a) land which is used for agricultural purposes [or which is so used but is left fallow, and includes the sites of farm buildings] appurtenant to such land; and

(b) for the purposes of section 11, section 16, section 17, section 17A, section 17B, section 18, section 19, section 20, section 26, section 28, section 29, section 29A, section 30, section 41, section 63, section 64, section 64A, section 84A, section 84B and section 84C:-

(i) the sites of dwelling houses occupied by agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses;

(ii) the sites of structures used by agriculturists for allied pursuits;

(9) "Landholder" means a zamindar, jahagirdar, saranjamdar, inamdar, talikdar, 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 [State] Government has declared on account of extent and value of 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 agricultural purposes, whether as an owner or tenant, earns his livelihood principally by manual labour; and intends to take the profession of agriculture and is capable of cultivating land personally;

(10) "Mamlatdar" includes a Mahalkari and any other officer, whom the [State] Government may appoint to perform the duties of a Mamlatdar under this Act.

(10A) "permanent tenant" means a person:-

(a) who immediately before the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955 (hereinafter called "the Amending Act, 1955"):- (Bom XIII of 1956)

(i) holds land as mulgenidar or mirasdar; or

(ii) by custom, agreement, or the decree or order of a Court holds the land on lease permanently; or

(b) 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;

(11) "Person" includes [a joint] family;

(12) "Prescribed" means prescribed by rules made under this Act;

(13) "Profits of Agriculture" in respect of any land means the surplus remaining [with the holder] after the expenses of cultivation including the wages of the cultivator working on the land are deducted from the gross produce;

Explanation:- If the member of the family of a holder work on the land for the purpose of cultivation thereof, the labour of such members shall be taken into account in estimating the expenses of cultivation referred to in this clause;

(14) "Protected tenant" means a person who is recognised to be a protected tenant [under section 4A;

[* * * * * * * * *

(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 land held by him but shall not include the rendering of any personal service or labour;

(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 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 agriculturists cultivating land less in area than an economic holding who earns his livelihood principally by agriculture or by agricultural labour;

(17) "Tenancy" means the relationship of landlord and tenant;

(18) " tenant" means a person who holds land on lease and include:-

(a) a person who is deemed to be a tenant under section 4;

(b) a person who is a protected tenant; and

(c) a person who is a permanent tenant; and the word "landlord" shall be construed accordingly;

(19) "Tribunal" means the Agricultural Lands Tribunal constituted under the section 67;

(20) "village" means a village recognised as such by the revenue accounts;

(20A) "workas lana" means land, which is used for the purpose of rab manure in connection with rice cultivation and is classified in the revenue record as warkas;

(21) Words and expression used in this Act but not defined shall have the meaning assigned to them in the the Bombay Land Revenue Code, 1879, (Bom V of 1879) and the Transfer of Property Act, 1882,(Bom IV of 1882) as the case may be.


CHAPTER 2 General Provisions Regarding Tenancies

Section 3 Application of Chapter V of Transfer of Property Act

The provisions of Chapter V of the Transfer of Property Act, 1882, shall, in so far as they are not inconsistent with the provisions of this Act, apply to the tenancies and leases of land to which this Act applies.

(1). Persons to be deemed tenant:- 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 is not:-

(a) a member of the owner's family, or

(b) a servant on wages payable in cash or kind but in crop share or a hired labourer cultivating the land under the personal supervision of the owner or any member of the owner's family, or

(c) a mortgagee in possession.

(2) Notwithstanding anything contained in sub-section (1), where any land in the Ratnagiri and Sindhudurg districts 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 is in 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 I :- For the purpose of this sub-section, the expression "land" includes the "warkas land".

Explanation II:- For the purpose of this sub-section, the expression "circumstantial evidence" includes extract of voters list, ration card, electricity bill or house assessment receipt from the same village or any receipt in respect of sale of agricultural produce or any document regarding permission of felling 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 (ii) of sub-section (1) of section 32H, the purchase price in such cases shall be 200 times the assessment.

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 2A of the Bombay Tenancy Act, 1939, (Bom XXIX of 1939) declared by a competent authority not to be a tenant.

Explanation II:- where any land is cultivated by a widow or a minor 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 tenant within the meaning of this section.

Section 4A Protected tenants

For the purpose of this Act, a person shall be recognised to be a protected tenant, if such person has been deemed to be a protected tenant under S.3 of the Bombay Tenancy Act, 1939 , S.3Aof the Bombay Tenancy Act, 1939 , S.4of the Bombay Tenancy Act, 1939, (Bom XXIX of 1939) referred to in Schedule I of this Act.

Section 4B Tenancy not to be terminated by efflux of time

No tenancy of any land [other than the tenancy of the land duly sanctioned under S.36A of the Maharashtra Land Revenue Code, 1966] (Mah.XLI of 1966) shall be terminated merely on the ground that the period fixed by the agreement or usage for its duration has expired.

Section 5 Ceiling area

33. This sections was substituted for sections 5, 6, 7, 8 and 9 by Bom. 13 of 1956, s. 4.

(1) For the purpose of this Act, the ceiling area of lands shall be:-

(a) 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 land specified in sub- section (1), the ceiling area of such holding shall be determined on the basis of one acre of perennially 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.

Section 6 Economic holding

(1) For the purposes of this Act, an economic holding shall be:-

(a) 16 acres of jirayat land, or.

(b) 8 acres of seasonally irrigated land, or paddy or rice land, or

(c) 4 acres of perennially irrigated land.

Explanation:- In calculating an economic holding, warkas land shall be excluded.

Section 6A Irrigated land

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 bundharas within the meaning of "the Bombay Irrigation Act, 1879, (Bom VII of 1879) or any lift irrigation system constructed or maintained by the State Government;

(b) seasonally irrigated land shall include alluvial land and land situated in the bed of a river and seasonally flooded by the water of such river.

Section 7 Power of Government to vary ceiling area and economic holding

Notwithstanding anything contained in section 5 and SECTION 6, it shall be lawful for the State Government, if it is satisfied that it is expedient so to do in the public interest, to vary, by notification in the Official Gazette, the acreage of the ceiling area or economic holding, or the basis of determination of such ceiling area or economic holding under sub-section (2) of section 5 regard being had to:- See now the Maharashtra Irrigation Act, 1976 (Mah. XXXVIII of 1976).

(a) the situation of the land,

,

(b) its productive capacity,

(c) the fact that the land is located in a backward area, and

(d) any other factors which may be prescribed.

Section 8 Rent and its maximum and minimum

(1) Subject to the provisions of this Act,

(a) but notwithstanding any law, custom, usage, agreement or the decree or order of a Court, the rent payable shall be paid annually, and in cash;

(b) such rent shall not exceed five times the assessment payable in respect of the land or twenty rupees per acre, whichever is less, and shall not be less than twice such assessment:

Provided that, where the amount equal to twice the assessment exceeds the sum of twenty rupees per acre, the rent shall be twice the assessment.

(2) For the purpose of this section "assessment" means:-

(i) in areas in which a settlement has been made under Chapter VIII-A of the Bombay Land Revenue Code, 1879, (Bom V of 1879) or in which the assessment has been fixed under section 52 of the said Code, the assessment so settled or fixed;

(ii) in areas to which R.19N of the Land Revenue Rules, 1921 applies, such assessment as may be liable under that rule;

(iii) in areas to which the Bombay Merged Territories and Areas (Jagris Abolition) Act, 1953, (Bom XXXIX of 1954) applies the assessment fixed under section 7 of that Act;

(iv) in areas in which the assessment is payable in crop share or produce, such assessment as may be fixed by the State Government in accordance with the principles laid down in R.190 of the Land Revenue Rules, 1921.

(3) If by custom, usage, agreement or the decree or order of a Court, the amount 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 the land.

Explanation:- In respect of any land which is partially or wholly exempt from the payment of land revenue, the full amount of assessment leviable in respect of such land shall be deemed to be the assessment in respect thereof for the purpose of sub-section (1), as if the land was not exempt from the payment of land revenue either partially or wholly.

Section 9 Rate of rent payable by tenant to landlord

(1) Subject to the maximum and minimum limits of rent fixed under section 8, the Mamlatdar shall for each village, or group of villages, or for any area in such village or group, within the jurisdiction, fix the rate of rent payable by a tenant for the lease of different classes of land situate in such village or group of villages, or areas as the case may be:

Provided that, the sub-section shall not apply to rent payable in accordance with the provision of sub-section (3) of section 8 where it is lower than the rent at the rate fixed by the Mamlatdar under this section.

(2) In arriving at such rate the Mamlatdar shall have regard to the rents 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 shall continue for a period of five years and shall be liable to be revised by the Mamlatdar thereafter at the end of each successive period of five years:

Provided that, the rate of rent so fixed, if not revised at the end of any 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 village, or group of villages, or areas, shall be at the rate fixed under sub-section (1):

Provided that, the Mamlatdar or the Collector subject to the provisions of section 8, may at any time during any such period of five years, on an application made to him in this behalf: -

(i) 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 has been wholly or partially rendered unfit for cultivation, or

(ii) enhance the rent, if he is satisfied that on account of any improvement made in the land, at the expense of the landlord, there has been an increase in the agricultural produce thereof.

Section 9A Quantum of rent payable by tenant

(1) The rent payable by a tenant shall, subject to the maximum and minimum fixed under section 8, be the rent at the rate fixed under section 9 in respect of the class of land to which the land held by the tenant belongs or where the rent payable under the operation of sub-section (3) of section 8 is lower than the rent at the rate fixed under section 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 is at the rate fixed under Section 9, then the amount of rent shall be increased by a sum equal to the aggregate of the following amounts, that is to say:-

(i) the amount of full assessment leviable in respect of such land,

(ii) the amount of the cesses mentioned in clause (b), (c), and (d) of sub-section (1) 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 so increased):

Provided further that, if the amount of rent as so increased payable by the tenant for any year exceeds the value of one-sixth of the produce of the land 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.

(2) If there is a dispute regarding the class to which any land belongs, either of the parties to the dispute may apply to the Mamlatdar who shall after making an inquiry, decide the dispute.

Section 9B Landlord not liable to make contribution towards cost of cultivation

Notwithstanding any law, usage or agreement or the decree or order of a court in the case of land in respect of which the rent has been fixed under section 9, a landlord shall not be liable to make any contribution towards the cultivation of the land in the possession of his tenant.

Section 9C Liability of tenant to payment until rent if fixed under preceding sections

Until the rent is fixed in accordance with the provisions of the preceding sections, a tenant shall, subject to the maximum provided under section 8, be liable to pay the landlord the rent at the rate at which it was payable immediately before the commencement of the amending Act, 1955, and if such rent was payable in crop share or produce, either partly or wholly, the value of such crop share or produce shall be determined in the prescribed manner.

Section 10 Refund of rent recovered in contravention of the provisions of the act and other penalties

If any landlord recovers rent from ant tenant in contravention of the provisions of sections [SECTION 8, SECTION 9, SECTION 9A or SECTION 9C], 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 in this behalf and shall also be liable to such penalty as may be prescribed by rules made under this Act.

Section 10A Liability of tenant to pay land revenue and certain other cesses

(1) Subject to the provisions of sub-section (2), every tenant shall be liable to pay in respect of the land held by him as a tenant:-

(a) the land revenue in accordance with the provisions of the Bombay Land Revenue Code, 1879.(Bom Vof 1879)

(b) the irrigation cess in accordance with the provisions of the Bombay Irrigation Act, 1879 .(BomVII of 1879)

(c) the cess levied under S.93 of the Bombay Local Boards Act, 1923, as amended in Schedule II to this Act, [and].(Bom VI of 1923)

(d) the cess levied under S.89B of the Bombay Village Panchayats Act, 1933].(Bom VI of 1933)

(2) If the aggregate amount of:-

(i) the land revenue payable by a tenant under clause (a) of sub-section (1),

(ii) the cess payable by him under [clause (c) and (d) of sub-section (1)], and

(iii) the rent payable by him to the landlord under section 9 or SECTION 9C, as the case may be, for any year exceeds the value of one-sixth of the produce of such land 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.

(3) Nothing in sub-section (1) and (2) shall apply to any land held by:-

(a) a tenant in a Schedules area;

(b) a tenant who is paying to the landlord the rent [* * * * under sub-section (3) of section 8[until such tenant is deemed to have produced the land under section 32 or purchases the land under section 32F or Section 32(O) and the purchase price is determined under section 32H];

(c) a tenant where such land is wholly or partially exempt from the payment of land revenue.

Section 11 Abolition of all cesses, etc

(1) Notwithstanding any agreement, usage or law, 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.

(2) Nothing in sub-section (1) shall affect the liability of a tenant to pay any of the cesses under section 10A.

Section 12 Enquiries as regards reasonable rent

Deleted by Bom. 13 of 1956, s. 8.

Section 13 Suspensions or remissions of rent

(1) Notwithstanding anything contained in S.84A of the Bombay Land Revenue Code, 1879 (Bom V of 1879) whenever from any cause the payment of the whole Land Revenue payable to Government * * * in respect of any land is suspended 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 land the land revenue is partially suspended or remitted, the landlord 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 land in the neighborhood 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 (1) suspend or remit, as the case may be, the payment to the landlord of the rent or part of its due in respect of such land.

(3) No application for assistance under S.86 of the Bombay Land Revenue Code,1879 , S.86 of the Bombay Land Revenue Code,1879, (Bom V of 1879) shall be entertained, no suit shall lie and no decree of a Civil Court shall be executed for recovery by a landlord of any rent, the payment of which has 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 shall be excluded in computing the period of limitation prescribed for any suit or proceeding for the recovery of such rent.

(4) Notwithstanding anything contained in S.86 of the Bombay Land Revenue Code,1879 , S.86 of the Bombay Land Revenue Code,1879, the Collector shall in passing an order under sub-section (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 such tenant to the landlord in excess of the amount of rent due from him after deducting the amount required to be remitted under sub-section (1) or sub-section (2) of this section or under section 84A of the said Code. The set-off under this sub-section shall be allowed only in 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.

(5) 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 [and for inflicting such penalty on the landlord as may be prescribed.

Section 14 Termination of tenancy for default to tenant

(1) Notwithstanding any law, agreement or usage, or the decree or order of a court, the tenancy of any land shall not be terminated:-

(a) unless the tenant:-

(i) has failed to pay rent for any revenue year, before the 31st day of May thereof;

(ii) has done any Act which is destructive or permanently injurious to the land;

(iii) has sub-divided, sublet or assigned the land in contravention of section 27;

(iv) has failed to cultivate it personally; or

(v) has used such land for a purpose other than agriculture or allied pursuits; and

(b) 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 of which the tenancy 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 liable to be terminated on any of the grounds mentioned in the said sub-section.

Section 15 Termination of tenancy by surrender thereof

(1) A tenant may terminate in respect of any land at any time by surrendering his interest therein in favour of the landlords:

Provided that, such surrender shall be in writing and verified before the Mamlatdar in the prescribed manner.

(2) Where a tenant surrenders his tenancy, the landlord shall be entitled to retain the land so surrender 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 section 31 and SECTION 31A for the termination of tenancies.

(2A) 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.

(3) The land, or any portion thereof, which the landlord is not entitled to retain under subsection (2), shall be liable to be disposed of in the manner provided under clause (c) of sub-section (2) of section 32P.

Section 16 Bar to eviction from dwelling house

(1) 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 (with the materials and the site thereof and the land immediately appurtenant thereto and necessary for its enjoyment) unless:-

(a) the landlord proves that the dwelling house was not built at the expense of such tenant or his predecessors-in-title; and

(b) 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.

(2) The provisions of sub-section (1) 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]

Section 17

Tenant to be given first option of purchasing site on which he has built a dwelling house,

(1) If a landlord to whom the site referred to in section 16 belongs intends to sell such site, the tenant at the expense of whom or whose predecessor-in-title, a dwelling house is built thereon shall be given in the manner provided in sub-section (2) of the first option of purchasing the site at a value determined by the Tribunal.

(2) The landlord intending to sell such site shall give notice in writing to the tenant requiring him to state within three months from the date of service of such notice whether he is willing to purchase the site.

(3) If within the period of three months so specified the tenant intimates in writing to the landlord that he is willing to purchase the site, the landlord shall make an application to the Tribunal for the determination of the value of the site. On receipt of such application the Tribunal after giving notice to the tenant and after holding an inquiry shall determine the value of the site [which shall not exceed 20 times the annual rent thereof] The Tribunal may, by an order in writing require the tenant to deposit the amount of the value of such site [within one year] from the date of such order. On the deposit of such 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 the prescribed fees grant a certificate in the prescribed form to such tenant specifying therein the site so transferred and the name of such tenant.

(4) If the tenant fails to intimate his willingness to purchase the site within the time specified in sub-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 his right of first option to purchase the site and the landlord shall then be entitled to evict the tenant either on payment of such compensation for the value of the structure of such dwelling house as may be determined by the Tribunal or allow the tenant at his option to remove the materials of the structure.

(5) any sale of a site held in contravention of this section shall be null and void.

Section 17A Tenant's right to purchase site referred to in section 16

(1) If a tenant referred to in section 16 intends to purchase the site on which a dwelling house is built, he shall give notice in writing to the landlord to that effect.

(2) If the landlord refuses or fails to accept the offer and to execute the sale deed within three months from the date thereof, the tenant may apply to the Tribunal for the determination of the reasonable price of the land which shall not exceed 20 times the annual rent thereof; and thereupon the provisions of the determination and payment of the price and the issue of a certificate of purchase contained in the next succeeding section shall apply thereto.

Section 17B Tenant to be deemed to have purchased sites referred to in section 16 from specified date

(1) After the commencement of the Amending Act, 1955, the State Government may, by notification in the Official Gazette, direct a record of rights relating to the sites and the houses thereon in villages to be made in the manner prescribed.

(2) On the completion of such record of rights, the State Government may, by notification in the Official Gazette, specify a date on which the tenant referred to in section 16 whose names are entered in such record or their successors-in-title shall be deemed to have purchased the site of such

(3) As soon as may be thereafter, the Tribunal shall publish or cause to be published a notice in such village within its jurisdiction in which all such sites are situate and shall, as far as practicable, issue notice to each such landlord and tenants and to any other person interested in such site to appear before it on the date specified on the notice. The notice published in a village shall be affixed in the Chavdi or at such public place as the Tribunal may direct.

(4) The Tribunal shall, after giving an opportunity to such landlord, tenant and other person interested to be heard and after holding an inquiry, determine the price of the site.

(5) On the determination of the price of the site under sub-section (4), the tenant shall deposit the amount of such price with the Tribunal:-

(a) either in lump sum within one year from such date, or

(b) in such installments not exceeding three with simple interest at the rate of 4'/2 percent per annum, and at such intervals during the period not exceeding three years and on or before such dates, as may be fixed by the Tribunal and the Tribunal shall direct that the amount deposited in lump sum or the amount of the installment deposited at each interval shall be paid in accordance with the provisions of section 32Q so far as they are applicable.

(6) On the deposit of the amount of the price in lump sum or at the last installment of such price, the Tribunal shall, on payment of a prescribed fee, grant a certificate in the prescribed form, to the tenant declaring him to be the purchaser of the site. Such certificate shall be conclusive evidence of the sale.

(7) If the tenant fails to pay any installment on or before the date fixed by the Tribunal under sub-section (5), the amount of such installment and the instrument thereon shall be recovered as an arrears of land revenue.

(8) If after holding an inquiry under sub-section (4), the Tribunal is satisfied that the tenant is not willing to purchase the site, the Tribunal shall issue a certificate to the landlord to the effect. On the issue of such certificate the landlord shall be entitled to evict the tenant and dispose of the site in such manner as he may think fit, either on payment of such compensation for the value of the structure of such dwelling house as may be determined by the Tribunal, or after allowing the tenant, at his opinion, to remove the materials of the structure.

Section 18 Dwelling houses of agricultural labourers, etc

The provisions of section 16, SECTION 17, SECTION 17A, and SECTION 17B shall apply:-

(a) to the dwelling houses and sites thereof occupied by the agricultural labourers and artisans in any village; and

(b) to the lands held on lease in any village by persons carrying on an allied pursuit for the purpose of such pursuit.

Section 19 Tenant's right to trees planted by him

If a tenant has planted or plants any trees on any land leased to him, he shall 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 compensation for the said trees as may be determined by the Mamlatdar:

Provided that, a tenant shall not be entitled to compensation under this section if the tenancy 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 as if trees had not been planted.

Section 20 Right to produce of naturally growing trees

(1) A tenant shall during the continuance of his tenancy be entitled to two-thirds of the total produce of trees naturally growing on the land, the landlord being entitled to one-third of the produce of such trees.

(2) If there is any dispute regarding the right to the produce of such trees or the apportionment of such produce as provided under sub-section (1) the tenant or the landlord may apply to the Mamlatdar. Such application shall be made in such form as may be prescribed.

(3) On receipt of such application, the Mamlatdar shall, after holding an inquiry, pass such order thereon as he deems fit.

Section 21 Sub-letting of land by or on behalf of person in military, naval or air service of the union not to terminate tenancy

Deleted by Bom. 13 of 1956.s. 16.

Section 22 Tenants responsible for maintenance of boundary marks

Notwithstanding anything contained in S.123 of the Bombay Land Revenue Code, 1879, the responsibility for the maintenance and good repair of the boundary marks of the land held by the tenant and any charges reasonably incurred on account of service by revenue officers in case of alteration, removal or disrepair of such boundary marks shall be upon the tenant.

Section 23 Repairs of protective bunds

(1) Notwithstanding any agreement, usage or custom to the contrary, if it appears to the [State] Government that the construction, maintenance or repairs of any bunds protecting any land held by a tenant is neglected due to a dispute between the landlord and the tenant or for any other reason, it may by an order in writing direct that the construction, maintenance 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 land revenue.

(2) The person from whom the costs are recovered under sub-section (1) shall be entitled to recover the same or any part thereof from any person who under any agreement, usage or custom is wholly or partially liable to construct, maintain or repair the bunds.

(3) Notwithstanding anything contained in sub-section (1), it shall be lawful for the tenant of any land, the protective bunds of which are neglected, to construct, maintain or repair such bunds at his costs and the costs so incurred by him shall on application made by him to the Mamlatdar be recoverable by him from the landlord according to his liability under the agreement, usage or custom. The costs of the proceedings of the tenant's application shall also be recoverable from the landlord in case the landlord is held wholly or partially liable to pay the cost incurred by the tenant for construction, maintenance or repairs to the bunds.

Section 24 Relief against termination of tenancy in certain cases

Where any tenancy of any land held by any tenant is terminated on the ground that the tenant has done any Act which is destructive or permanently injurious to the land, no proceeding for ejectment against such tenant shall lie unless and until the landlord has served on the tenant a notice in writing specifying the act of destruction or injury complained of and the tenant fails within a period of one year from the service of notice to restore the land to the condition in which it was before such destruction or injury.

Section 25 Relief against termination of tenancy for non-payment of rent

(1) Where any tenancy of any land held by any tenant is terminated for non-payment of rent and the landlord files any proceedings to eject the tenant, the Mamlatdar shall call upon the tenant to tender to the landlord the rent in arrears together with the cost of the proceeding within 22.These words were substituted for the words "fifteen days" by Bom. 13 of 1956, s. 17( 1). [three months] from the date of order, and if the tenant complies with such order, the Mamlatdar shall, in lieu of making an order for ejectment, pass an order directing that the tenancy had not been terminated and thereupon the tenant shall hold the land as is the tenancy had not been terminated:

Provided that, if the Mamlatdar is satisfied that in consequence of total or partial failure of crops or similar calamity the tenant has been unable to pay the rent due, the Mamlatdar may, for reasons to be recorded in writing, direct that the arrears of rent together with the costs of the proceedings if awarded, shall be paid within one year from the date of the order and that if before the expiry of the said period the tenant fails to pay the said arrears 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 shall apply to any tenant whose tenancy is terminated for nonpayment of rent if he has failed for any three years to pay rent 55.These words were substituted for the words and figures "within the period specified in section 14" by Bom. 13 of 1956, s.17(2). [and the landlord has given intimation to the tenant to that effect within a period of three months on each default.

Section 25A Tenancy to be in abeyance during usufructuary mortgage in favour of tenant

If any land is mortgaged by a landlord by way of a usufructuary mortgage to a tenant cultivating such land, the tenancy of such land shall be in abeyance during the period the mortgage subsists. After the expiry of the said period it shall, notwithstanding any other 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 he held it before the mortgage was created.

Section 26 Receipt for rent

(1) In the absence of any express intimation in writing to the contrary by a tenant, every payment made by a tenant to the landlord shall be presumed to be a payment on account of rent due by such tenant for the year in which the payment is made.

(2) When any amount of rent is received in respect 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 the time, when such amount is received by him, give a written receipt therefor in such form and in such manner as may be prescribed.

Section 27 Sub-division, sub-letting and assignment prohibited

(1) [Save as otherwise provided in section 32F no sub-division] or sub-letting of the land held by a tenant or assignment of any interest therein shall be valid:

Provided that, nothing in this sub-section shall prejudicially affect the rights of a permanent tenant:

Provided further that, if the tenant dies:-

(i) if he is a member of a joint family, the surviving members of the said family, and

(ii) if he is not a member of a joint family, his heirs, shall be entitled to partition and sub-divide the land leased subject to the following conditions:-

(a) each sharer shall hold his share as a separate tenant,

(b) the rent payable in respect of the land leased shall be apportioned among the shares, as the case may be, according to the share allotted to them,

(c) the area allotted to each sharer shall not be less than the unit, which the State Government may, by general or special order, specify in this behalf having regard to the productive capacity and other circumstances relevant to the full and efficient use of the land for agriculture,

(d) if such are is less than the unit referred to in clause (c), the sharers shall be entitled to enjoy the income jointly, but the land shall not be divided by metes and bounds,

(e) if any question arises regarding the apportionment of the rent payable by the sharers, it shall be decided by the Mamlatdar, whose decision shall be final.

(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for a tenant:-

(a) who is a widow, minor or a person subject to any physical or mental disability, or a serving member of the armed forces, to sub-let such land held by her or him as a tenant; or

(b) who is a member of a co-operative farming and as such member to sub-let, assign, mortgage or to create a charge on his interest in the land in favour of such society, or in consideration of a loan advanced by any person authorised under S.54 of the Bombay Agricultural Debtors Relief Act, 1947. (Bom XXVIII of 1947)

(3) Notwithstanding anything contained in sub-section (1), it shall also be lawful for a tenant to mortgage or create a charge of his interest in the land in favour of the State Government in consideration of a loan advanced to him by the State Government under the Land Improvement Loans Act, 1883, (XIX of 1883) the Agriculturists Loans Act, 1884, (XII of 1884) or the Bombay Non-Agriculturists Loans Act, 1928, (Bom. III of 1928) or in favour of a co-operative society and without prejudice to any other remedy, open to the State Government or the co-operative society, as the case may be, in the event of his making default in payment of such loan in accordance with the terms on which such loan was granted, it shall be lawful for the State Government or the co-operative society, as the case may be, to cause his interest in the land to be attached and sold and the proceeds to be applied in payment of such loan.

Section 28 Bar to attachment, seizure or sale by process of court

Save as expressly provided in this Act or as provided in the Bombay Co-operative Societies Act, 1925, (Bom VII of 1925) or the Bombay Agricultural Debtors Relief Act, 1947 (XXVIII of 1947) for the recovery of loans permitted under section 27, any interest in the land held, by him as a tenant shall not be liable to be attached, seized or sold in execution of a decree or order of a Civil Court.

Section 29 Procedure of taking possession

(1) A tenant or an agricultural labourer or artisan entitled to possession of any land or dwelling house under any of the provisions of this Act may apply in writing for such possession to the Mamlatdar. The application shall be made in such form as may be prescribed an within a period of two years from the date on which the right to obtain possession Section 4 of Bom. 45 of 1951 reads as under-

"4. If at the date when this Act comes into force an application under Section 29 of the said Act is pending before the Mamlatdar or the Tribunal, or an appeal or an application for revision arising out of such application is pending before the Collector or the Bombay Revenue Tribunal as the case may be on such date, such application, appeal or application for revision shall not be dismissed only on the ground that the said application under section 29 of the said Act was not made within the period of limitation, if it was made within the period prescribed by section 29 of the said Act as amended by this Act."

(2) Save as otherwise provided in sub-section (3A), no landlord] shall obtain possession on any land or dwelling house held by a tenant except under an order of the Mamlatdar. For obtaining such order he shall make an application in the prescribed form [and within a period of two years from the date on which the right to obtain possession of the land or dwelling house, as the case may be, is deemed to have accrued to him.

(3) On receipt of application under sub-section (1) or (2) the Mamlatdar shall, after holding an inquiry, pass such order thereon as he deems fit;

Provided that, where an application under sub-section (2) is made by a landlord in pursuance of the right conferred on him under section 31, the Mamlatdar shall first decide, as preliminary issues, whether the conditions specified in clauses (c) and (d) of section 31A and sub-section (2) and (3) of section 31B are satisfied. If the Mamlatdar finds that any of the said conditions is not satisfied, he shall reject the application forthwith.

(3A) Where a landlord proceeds for termination of the tenancy under sub-section (1) of Section 43(1)(B), notwithstanding anything contained in this Act, the application for possession of the land shall be made to the Collector, who shall, after holding an enquiry in the prescribed manner, pass such order thereon as he deems fit.

(4) Any person taking possession of any land or dwelling house except in accordance with the provisions of [sub-section (1), (2) or as the case may be, (3A)], shall be liable to forfeiture of crops, if any, grown in the land in addition to payment of costs as may be directed by the Mamlatdar or by the Collector and also to the penalty prescribed in section 81.

Section 29A Provisions of section 29 apply to sites used for allied pursuits

The provisions of section 29 shall apply to the 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 dwelling house under the provisions of this Act.

Section 30 Rights and privileges of tenants not to be affected

Save as provided in this Act, the rights or privileges of any tenant under usage or for the time being in force or arising out of any contract, grant, decree or order of a court or otherwise howsoever shall not be limited or abridged.


CHAPTER 3 Special rights and privileges of tenants and provisions for distribution of land for personal cultivation

Section 31 Landlords right to terminate tenancy for personal cultivation and non-agricultural purpose

(1) Notwithstanding anything contained in section 14 and section 30 but subject to section 31A to 31D (both inclusive), a [landlord (not being a landlord within the meaning of Chapter III-AA) may], after giving notice and making an application for possession as provided in sub-section (2), terminate the tenancy of any land (except a permanent tenancy), if the landlord bona-fide requires the land for any of the following purposes:-

(a) for cultivating personally, or

(b) for any non-agricultural purpose.

(2) the notice required to be given under sub-section (1) shall be in writing, shall state the purpose for which the landlord requires the land and shall be served on the tenant on or before the 31st day of December 1956. a copy of such notice shall, at the same time, be sent to the Mamlatdar. An application for possession under section 29 shall be made to the Mamlatdar on or before the 31st day of March 1957.

(3) Where a landlord is a minor, or a widow, or a person subject to mental or physical disability * * * * then such notice may be given [and an application for possession under section 29 may be made,]:-

(i) by the minor within one year from the date on which he attains majority;

(ii) by the successor-in-title of a widow within one year from the date on which her interest in the land ceases to exists;

(iii) within one year from the date on which mental or physical disability ceases to exits; and *.* * * * * * * *

Provided that, where a person of such category is a member of a joint family, the provisions of this sub-section shall not apply if at 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 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 the 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

Section 31A Conditions of termination of tenancy

The right of a landlord to terminate a tenancy for cultivating the land personally under section 31 shall be subject to the following conditions:-

(a) If the landlord at the date on which the notice is given and on the date on which it expires has no other land of his own or has been cultivating personally any other land, he shall be entitled to take possession of the land leased to the extent of a ceiling area.

(b) If the land cultivated by him personally is less than a ceiling area, the landlord shall be entitled to take possession of so much area of the land leased as will be sufficient to make up the area in his possession to the extent of a ceiling area.

(c) The income by the cultivation of the land of which he is entitled to take possession is the principal source of income for his maintenance.

(d) The land leased stands in the record of rights or in any public record or similar revenue record on the 1st day of January 1952 and thereafter during the period between the said date and the appointed day in the name of the landlord himself, or of any of his ancestors [but not of any person from whom title is derived, whether by assignment or Court sale or otherwise

(e) If more tenancies than one are held under the same landlord, then the landlord shall be competent to terminate only the tenancies, which are the shortest in point of duration.

Section 31B No termination of tenancy in contravention of Bom. LXII of 1947 or if tenant is member of co-operative farming society

In no case a tenancy shall be terminated under section 31:-

(1) in such manner as will result in leaving with a tenant, after termination, less than half the area of the land leased to him, or.

(2) in such manner as will result in a contravention of the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (Bom LXII of 1947) or in making any part of the land leased a fragment within the meaning of that Act, or

(3) if the tenant has become a member of a co-operative farming society and so long as he continues to be such member.

Section 31BB Certain provisions of Act not to apply to landlords on ceasing to be serving members of armed forces

Deleted by Mah. 39 of 1964, s. 3.

Section 31C Landlord not entitled to terminate tenancy for personal cultivation of land left with tenant

The tenancy of any land left with the tenant after the termination of the tenancy under section 31 shall not at any time afterwards be liable to termination again on the ground that the landlord bona fide requires that land for personal cultivation.

Section 31D Apportionment of rent after termination of tenancy for land left with tenant

If, in consequence of the termination of the tenancy under section 31, any part of the land leased is left with tenant, the rent shall be apportioned in the prescribed manner in proportion to the area of the land left with the tenant.

Section 32 Tenants deemed to have purchased land on tillers day

(1) On the first day of April 1957 (hereinafter referred to as "the tillers day") every tenant shall, [subject to the other provisions of this section and the provisions of] the next succeeding sections, be deemed to have purchased from his landlord, free of all encumbrances subsisting thereon on the said day, the land held by him as tenant, if:-

(a) such tenant is a permanent tenant thereof and cultivates land personally;

(b) such tenant is not a permanent tenant but cultivates land leased personally; and

(i) the landlord has not given notice of termination of his tenancy under section 31; or

(ii) notice has been given under section 31, but the landlord has not applied to the Mamlatdar on or before the 31st day of March 1957 under section 29 for obtaining possession of the land; [or]

(iii) the landlord has not terminated his tenancy on any of the grounds specified in section 14, or has so terminated the tenancy but has not applied 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 land 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 on the date on which the final order of rejection is passed. The date on which the final order of rejection is passed is hereinafter referred to 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 to have purchased the land on the 1st say of April 1958, if no separation of his share has been effected before the date mentioned in that proviso.

(1A)

(a) Where a tenant, on account of his eviction from the land by the landlord, before the 1st 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 application is passed.

(b) Where such tenant has not made an application for possession within the period specified in sub-section (1) of section 29 or the application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the expiry of the said period or on the date of the final rejection of the application, 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.

(1B) Where a tenant who was in possession on the appointed day and who on account of his being dispossessed before the 1st day of April 1957 otherwise than in the manner and by an order of the Tahsildar as provided in section 29, is not in possession of the land on the said date and the land is in possession of the landlord 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 Tahsildar shall, notwithstanding anything contained in the said section 29, either suo moto or on application of the tenant, hold an enquiry and direct that such land shall be taken from the possession of the landlord or, as the case may be, his successor-in-interest, and shall be restored to the tenant; and thereafter, the provisions of this section and section 32A to section 32R (both inclusive) shall, in so far as they may be applicable, apply thereto, subject to the modification that 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.

Explanation:- In this sub-section, "successor-in-interest" means a person who acquires the interest by testamentary disposition or devolution on death.

(2) Where by custom, usage or agreement or order of a Court, any warkas land belonging to the landlord is used by the tenant for the purpose of rab manure in connection with rice cultivation in the land held by him as tenant:-

(a) the whole of such warkas land, or

(b) as the case may be, such part thereof as the Tribunal may determine in cases where such warkas land 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 subsection (1):

Provided that, in cases referred to in clause (b) the Tribunal 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 is neither practicable nor expedient in the interest of such persons.

(3) In respect of the land deemed to have been purchased by a tenant under sub-section (1):- [

(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 and such land every year, and]

(b) the [former landlord] shall continue to be liable to pay to the State Government the dues, if any, referred to in clause (a), (b), (c) and (d) of sub-section (1) 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 (1) or under section 32F, Section 32(O) 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

(b) the State Government shall, with effect from the date on which the tenant is deemed to have purchased the land, but so long only as the tenure on which the land was held by the landlord continues and is not abolished, pay annually to the former landlord:-

(i) where such land is wholly exempt from the payment of land revenue, a cash allowance of an amount equal to the full land revenue leviable on such land; and

(ii) in other cases, an amount equal to the difference between the full land revenue leviable on such land and the land revenue payable thereon immediately before the said date.

Section 32A Tenants deemed to have purchased upto ceiling area

A tenant shall be deemed to have purchased land under section 32:-

(1) in the case of a tenant who does not hold any land as owner but holds land as tenant in excess of the ceiling area, upto the ceiling area;

(2) in the case of a tenant who holds land as owner below the ceiling area, such part of the land as will raise his holding to the extent of the ceiling area.

Section 32B When tenants not deemed to have purchased lands

If a tenant holds land partly as owner and partly as tenant but the area of the land held as owner is equal to or exceeds the ceiling area, he shall not be deemed to have purchased the land held by him as a tenant under section 32.

Section 32C When tenants entitled to choose lands to be purchased

If a tenant holds the land separately from more than one landlord, the tenant shall, subject to the rules made by the State Government in this behalf, be entitled to choose the area and the location of the land to be purchased from each of such landlords:

Provided that, the area so chosen shall not, as far as may be practicable, be other than a survey number or a sub-division of a survey number.

Section 32D When tenants deemed to have purchased fragments

(1) If the land held on tenancy is only a fragment, the tenant shall be deemed to have purchased such fragment under section 32 notwithstanding anything contained in the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.(Bom LXII of 1957)

(2) If the tenancy of the land is attached to a holding or part thereof under S.29A of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, the tenant shall 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.

Section 32E Disposal of balance of lands after purchase by tenants

The balance of any land after the purchase by the tenant under section 32 shall be disposed of in the manner laid down in section 15 as if it were land surrendered by the tenant.

Section 32F Right of tenant to purchase where landlord is minor, etc

(1) Notwithstanding anything contained in the preceding sections:-

(a) where the landlord is a minor or a widow or a person subject to any mental or physical disability* * * * the tenant shall have the right to purchase such land under section 32 within one year from the expiry of the period during which such landlord is entitled to terminate the tenancy under section 31[and for enabling the tenant to exercise the right of purchase, section 31:]

Provided that, where a person of such category is a member of a joint family, the provisions of this sub-section shall not apply if at 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 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 the 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 proporation.

(b) where the tenant is a minor or a widow or a person 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 exists;

(iii) within one year from the date on which the mental or physical disability of the tenant ceases to exists;

(iv) within one year from the date on which the tenant ceases 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 if at 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 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 larger proportion.

(1A) A tenant desirous of exercising the right conferred on him under sub-section (1) shall give an intimation in that behalf to the landlord and the Tribunal in the prescribed manner within the period specified in that sub-section:]

Provided that, if a tenant holding land from a landlord (who was a minor and has attained majority before the commencement of the Tenancy and Agricultural Lands Laws (Amendment) Act, 1969) (Mah.XLIX of 1969) has not given intimation as required by this sub-section but being in possession of the land on such commencement is desirous of exercising the right conferred upon him under sub-section (1), he may give such intimation within a period of two years from the commencement of that Act.

(2) The provisions of section 32 to SECTION 32E (both inclusive) and section 32G to SECTION 32R (both inclusive) shall, so far as may be applicable, apply to such purchase.

Section 32G Tribunal to issue notices and determine price of land to be paid by tenants

(1) As soon as may be after the tillers day the Tribunal shall publish or cause to be published a public notice in the prescribed form in each village within its jurisdiction calling upon:-

(a) all tenants who under section 32 are deemed to have purchased the lands,

(b) all landlords of such lands, and

(c) all other possession interested therein, to appear 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 other 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 tenant

(3) Where any tenant fails to appear or makes a statement that he is not willing to purchase the land, the Tribunal shall by an order in writing declare that such 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) If a tenant is willing to purchase, the Tribunal shall, after giving an opportunity to the tenant and the landlord and all other persons interested in such land to be heard and after 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:

Provided that, where the purchase price in accordance with the provisions of section 32H is mutually agreed upon by the landlord and the tenant, the Tribunal after satisfying itself in such manner as may be prescribed that the tenants 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 purchased the land on the postponed date the Tribunal shall, as soon as may be, after such date determine the price of the land.

(6) If any land which by or under the provisions of any Land Tenures Abolition acts referred to in Schedule III 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 reerant. This proviso was added by Bom. 38 of 1957, s. 15.

Section 32H Purchase price and its maxima

(1) Subject to the additions and deductions as provided in sub-section (1 A) and (1B), the purchase price shall be reckoned as follows, namely:-

(i) in the case of a permanent tenant who is cultivating the land personally the purchase price shall be the aggregate of the following amounts, that is to say:-

(a) an amount equal to six times the rent of the land;

(b) the amount of the arrears of rent, if any, lawfully due on the tillers day or the postponed date;

(c) the amounts, if any, paid by or recovered from the landlord as land revenue and cesses referred to in clauses (a), (b), (c) and (d) of sub-section (1) of section 10A, in the event of the failure on the part of the tenant to pay the same;

(ii) in the case of other tenants, the purchase price shall be the aggregate of the following amounts, that is to say:-

(a) such amount as the Tribunal may determine not being less than 20 times the assessment and not more then 200 times the assessment;

(b) the value of any structures, wells and embankments constructed and other permanent fixtures made and trees planted by the landlord on the land;

(c) the amount of the arrears of rent, if any, lawfully due on the tillers day or the postponed date;

(d) the amounts, if any, paid by or recovered from the landlord as land revenue and other cesses referred to in clauses (a), (b), (c) and (d) of sub-section (1) of section 10A, in the vent of the failure on the part of the tenant to pay the same.

Explanation 1 :- For the purposes of calculating the price under this sub-section, the amount of water rate, if any, levied under S.55 of the Bombay Land Revenue Code, 1879, (Bom V of 1879) and included in such assessment, shall be excluded.

Explanation 2:- For the purposes of this sub-section, the expression "assessment" shall have the meaning assigned to it in section 8.

(1A) Where a tenant to whom sub-section (1) and (2) of section 10A do not apply, has, after the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955, (Bom XIII of 1956) paid in respect of the land held by him as tenant land revenue and other cesses referred to in sub-section (1) of that section on account of the failure of the landlord to pay the same, a sum equal to the total amount so paid by the tenant until the date of the determination of the purchase price shall be deducted from the aggregate of the amounts determined under sub-section (1).

(1B)

(a) On the amount arrived at in accordance with the provisions of sub-section (1) and (1A), there shall be calculated interest at 4'/2 per cent per annum for the period between the date on which the tenant is deemed to have purchased the land under section 32 and the date of the determination of the purchase price.

(b)

(i) The amount of interest so calculated shall be added to, and

(ii) the amount of [compensation for use and occupation of the land], if any paid by [the tenant-purchaser to the former landlord] and the value of any products of trees panted by [such landlord] if such products are removed by [that landlord] during the said period shall be deducted from the amount so arrived at.

(2) The State Government may, by general or special order, fix different minima and maxima for the purpose of sub-clause (a) of clause (ii) of sub-section (1) in respect of any kind of land held by tenants in any backward area. In fixing such minima and maxima, the State Government shall have regard to the rent payable for the land and the factors specified in sub-section (3) of section 63A.

Section 32I Sub-tenant of permanent tenant to be deemed to have purchased land

(1) Where a permanent tenant has sub-let the land held by him the sub-tenant shall, to the extent and subject to the conditions specified in section 32 to SECTION 32E (both inclusive), be deemed to have purchased the land on tillers day.

(2) the purchase price thereof shall be determined in the manner provided in clause (ii) of sub- section (1) of section 32H.

(3) Out of the purchase price payable by such sub-tenant the amount equal to six times the rent shall, in lump sum, be payable to the owner and the balance shall be paid to the permanent tenant.

Section 3 of Mah. 8 of 1963 also provides as under:-

"Provided that, any appeal at the commencement of the Bombay Tenancy and Agricultural Lands (Second Amendment) Act, 1962 pending before the State Government shall stand transferred to the Collector and shall be disposed o accordingly."

(4) The provisions of section 32 to SECTION 32H (both inclusive) and section 32J to SECTION 32R (both inclusive), in so far as they may be applicable, shall apply to the purchase of the land by such sub- tenant and the payment to be made, to and on behalf of the permanent tenant.

Section 32J Appeal to State Government against decision of Tribunal

Deleted by Mah. 8 of 1963, s.3

Section 32K Mode of payment of price by tenant-purchased sfand the power of Tribunal to recover purchase price

(1) On the determination of the purchase price [payable under section 32H] [the tenant-purchaser]:-

(i) if he is a permanent tenant, shall deposit with the Tribunal the entire amount of the purchase price within one year from such date as may be fixed by the Tribunal: Provided that, if the Tribunal is satisfied that such [tenant-purchaser] has failed to make the payment within the time specified for any reason beyond his control the Tribunal may extend the period not exceeding one year;

(ii) if he is not a permanent tenant, shall deposit with the Tribunal the entire amount of the price:-

(a) either in lump sum within one year from such date, or

(b) in such annual installments not exceeding twelve with simple interest at the rate of 4'/2 per cent per annum on or before such dates as may be fixed by the Tribunal; and the Tribunal shall direct that the amount deposited in lump sum or the amount of installments deposited shall be paid to the [former landlord].

(1A) If a tenant-purchaser is unable to deposit with the Tribunal the entire amount of the purchase price in lump sum before the expiry of the period fixed under clause (ii) of sub-section (1), he may deposit with the Tribunal within three months after the expiry of such period or six months from the commencement of the Bombay Tenancy and Agricultural lands (Amendment) Act, 1964, (Mah. XXXI of 1965) whichever is later an amount equal to one-twelth of the purchase price, and also an amount equal to one years interest at the rate of 41/2 per cent per annum on the balance; and apply to the Tribunal to pay the balance in installments. On such deposit being made, the Tribunal shall grant the tenant-purchaser such reasonable facility (not exceeding eleven annual installments) for payment of the balance as it deems fit.

(1B) Where a tenant-purchaser:-

(a) fails to pay the price in lump sum within the period referred to in clause (ii) of sub-section(l),or

(b) is in arrears of four installments, where the number of installments fixed is four or more, and all the installments in any other case, he may during the period of six months from the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1964 (Mah.XXXI

(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 installments to sixteen].

(2) During any period for which payment of rent is suspended or remitted under section 13, the [tenant-purchaser] shall not be bound to pay the pay the purchase price in lump sum or the amount of any installment fixed under this section or any interest thereon, if any.

(3) If a tenant-purchaser fails to pay the entire amount of the purchase price within the period fixed under the provisions of this section or is in arrears of four installments where the number of installments fixed is four or more, and all the installments in any other case, the amount of the purchase price remaining unpaid and the amount of interest thereon at the rate of 41/2 per cent per annum, if any, shall be recoverable by the Tribunal as an arrear of land revenue.

Section 32L Purchase price recoverable as arrears of land revenue

Repealed by Mah. XXXI of 1965. s. 3.

Section 32M Purchase to be ineffective on tenant-purchaser's failure to pay purchase price

(1) On the deposit of the price in lump sum or of the last installment of such price the Tribunal shall issue a certificate of purchase in the prescribed form, to the tenant-purchaser] in respect of the land. Such certificate shall be conclusive evidence of purchase. In the event of failure of recovery of purchase price as arrears of land revenue under sub-section (3) of section 32K, the purchase shall] be ineffective and the land shall be at the disposal of the [Tribunal] under section 32P and any amount deposited by such [tenant-purchaser] towards the price of the land shall be refunded to him.

(2) Where the purchase of any land has become ineffective for default of payment in time of the price in lump sum or in installments, but the tenant-purchaser has nevertheless continued in possession at the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1964, then the purchase of the land shall not be deemed to be ineffective, until the Tribunal fails to recover the amount of the purchase price under sub-section (3) of section 32K.

Section 32MM Certain purchase not to become ineffective

Where the purchase of any land has become ineffective under sub-section (1) of section 32M for default of payment in time of the price in lump sum, but the tenant-purchaser has nevertheless continued in possession at the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960, then the purchase of the land shall, notwithstanding the provisions of section 32M, not be deemed to be ineffective, and the tenant- purchaser may, within a period of six months from such commencement 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 holding such inquiry as it thinks fit, is satisfied of the sufficiency of the reasons given by the tenant-purchaser, it may allow a further period of one year to pay the price in lump sum, and there upon the provisions of section 32M shall apply as they apply on deposit of the price in lump sum, or as the case may be, on failure to pay it; but the Tribunal shall not allow any further time for paying the price.

Section 32N Landlords right to recover rent when purchase becomes ineffective

(1) Where any purchase of land becomes ineffective, the former landlord shall be entitled to recover from his former

(2) If within three months from the date on which the purchase of any land has become ineffective the [former landlord] fails to refund [former tenant] the amount paid after deducting any [compensation referred to in sub-section (1)] due to him, it shall be recovered from him as an arrear of and revenue and paid to the [former tenant].

Section 32O Right of tenant whose tenancy is created after tillers day to purchase land

(1) In respect of any tenancy created after the tillers day [by a landlord not being a serving member of the armed forces)] notwithstanding any agreement or usage to the contrary, a tenant cultivating personally shall be entitled within one year from the commencement of such tenancy to purchase from the landlord the land held by him or such part thereof as will raise the holding of the tenant to the ceiling area: ********

(1A) A tenant desirous of exercising the right conferred on him under sub-section (1)8* * * shall give an intimation in that behalf to the landlord and the Tribunal in the prescribed manner within the period specified in that sub-section.

(2) The provision of section 32 to 32N (both inclusive) and of section 32P, 32Q and 32R in so far as they may be applicable shall apply to the purchase of the land by a tenant under sub-section (1).

Section 32P Power of tribunal to resume and dispose land not purchased land

(1) Where the purchase of any land by tenant under section 32 becomes ineffective under section 32G or SECTION 32M or where a tenant fails to exercise the right to purchase the land held by him within the specified period under section 32F, [32o, 33C or 43-ID], the [Tribunal] may suo moto or on an application made on this behalf [* * * [land in case other than those in which the purchase has become ineffective by reason of section 32G or SECTION 32M, after holding a formal inquiry] direct that the land shall be disposed of in the manner provided in sub-section (2).

(2) Such direction shall provide:-

(a) that [* * * * * "the [former tenant] be summarily evicted;

(b) that the land shall, subject to the provisions of section 15, be surrendered to the [former landlord];

(c) that if the entire land or any portion thereof cannot be surrendered in accordance with the provisions of section 15, the entire land or such portion thereof, as the case may be, notwithstanding that if is a fragment, shall be disposed of by the sale to any person in the following order of priority (hereinafter called "the priority list"):-

(i) a co-operative farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons;

(ii) agricultural labourers;

(iii) landless persons;

(iv) small holders;

(v) a co-operative farming society of agriculturists (other than small holders) who hold either as owner or tenant or partly as owner and partly as tenant, landless in area than an economic holding and who are artisans;

(vi) an agriculturist (other than a small holder) who holds either as owner or tenant or partly as owner and partly as tenant, landless in area than an economic holding and who is an artisan;

(vii) any other co-operative farming society;

(viii) any agriculturists who holds either as owner or tenant or partly as owner and partly as tenant land larger in area than an economic holding but less in area than the ceiling area;

(ix) any person, not being agriculturists, who intends to take to the profession of agriculture:

Provided that, the State Government may, by notification in the Official Gazette, give, in relation to such local areas as it may specify, such priority in the above order as it thinks fit to any class or persons who, by reason of the acquisition of their land for any development project approved for the purpose by the State Government, have been displaced, and require to be resettled.

(3) Where any land to be surrendered in favour of the [former landlord,] under sub-section (2), the [former landlord] shall not be entitled the possession thereof until any amount refundable to the [former tenant] is refundable to him or recovered from the [former landlord]; and until such refund or recovery is made, the [former tenant] shall continue to hold the land on the same terms on which it was held by him previously.

(4) Where any land or portion thereof cannot be surrendered in favour of the landlord and where such land or portion is offered for the sale under sub-section (2), but no person comes forward [Tribunal] shall determine the price of such land or portion in accordance with the provisions of section 63 A and the amount of the price so determined shall, subject to the provisions of section 32E. be paid to the owner thereof.

(5) Where any land is sold under sub-section (2), the [Tribunal] shall determine the price of the land in accordance with the provisions of section 63A and the price, so determined shall be payable by annual installments not exceeding six with simple interest at the rate of 4'A per cent per annum as [Tribunal] may determine and the price of the land recovered from the purchaser shall, subject to the provisions of section 32Q, be paid to the owner thereof.

(6) On the deposit of the last installment of the purchase price, the Tribunal shall issue a certificate of purchase in the prescribed form to the purchaser in respect of the land. Such certificate shall be conclusive evidence of purchase. If the purchaser is at any time in arrears of two installments, then unless the [Tribunal] after holding such inquiry as it thinks fit is satisfied with the reasons given and allows a further period not exceeding one year to pay the arrears, the purchase shall be ineffective and the amount deposited by such purchaser shall be refunded to him.

Section 32Q Amount of purchase price to be applied towards satisfaction of debts

(1) During an inquiry held under section 32G the Tribunal shall determine any encumbrances lawfully subsisting on the land on the tillers day.

(2)

(a) If total amount of the encumbrances is less than the purchase price so determined:-

(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];

(ii) where the purchase price is made payable in installments, the Tribunal shall deduct such amount from such installments towards the payment of the encumbrances:

Provided that, where under any agreement, award, the decree or order of a Court or any law, the amount of the encumbrances is recoverable in installments, the Tribunal shall deduct such amount as it deems necessary from the installments so payable.

(b) If the total amount of the encumbrances is more than the amount so determined, the purchase price in lump sum or the installments, as the case may be, shall be distributed in the order of priority. If any person has a right to receive maintenance or alimony from the profits of the land, the Tribunal shall also make deductions for payment out of the purchase price.

(3) If such question involves any question of law regarding the validity of the [encumbrance or the claim] of the holder of the encumbrance or any question regarding the amount sue in respect of the encumbrance, then notwithstanding anything contained in section 85A, the Tribunal shall in the manner prescribed refer the question for decision to the Judge of the Presidency Small Cause Court, or the Civil Judge within the territorial limits of whose jurisdiction the land is situate. On receipt of such reference the judge concerned shall, after giving notice to the parties concerned, try the question referred to an record findings thereon and send the same to the Tribunal. The Tribunal shall then give the decision in accordance with the said findings.

(4) Nothing in this section shall affect the rights of holder of any encumbrances Town Planning Officer proceed to enforce against the former landlord his right in any other manner or any other law for the time being in force

Section 32R Purchaser to be evicted if he fails to cultivate personally

If any time after the purchase of the land under any of the foregoing provisions, the purchaser fails to cultivate the land personally, he shall, unless the Collector condones such failure for sufficient reasons, be evicted and the land shall be disposed of in accordance with the provisions of section 84C

Section 33 Right of tenants to exchange lands

(1) Notwithstanding anything contained in this Act or any other law or any agreement or usage, the 4* * * ""tenants holding lands 5* * * * * as such 5* * * * tenants may agree and make an application to the Mamlatdar in the prescribed form for the exchange of their tenancies in respect of the lands held by them as 5* * * * * tenants.

(2) On receipt of the application, the Mamlatdar after giving notice to the landlord concerned and after making an enquiry may sanction the exchange on such terms and conditions as may be prescribed and may issue certificates in the prescribed form to the applicants.

(3) The certificates so issued shall be conclusive of the fact of such exchange against the landlords and all persons interested in the lands exchanged.

(4) Each of the two [**** tenants shall on exchange hold the land on the same terms and conditions on which it was held by the original tenant, immediately before the exchange subject to such modifications as may have been sanctioned by the Mamlatdar.

(1A) Termination of tenancy by landlords and purchase by tenants of lands to which Section 88C applies.

Section 33A Definitions

For the purpose of section 33B and SECTION 33C:-

(i) "certificated landlord" means a person who holds a certificate issued to him under subsection (4) of section 88C[but does not include a landlord within the meaning of Chapter III-AA holding a similar certificate]; and

(ii) "excluded tenant" means a tenant of land to which section 32 to SECTION 32R (both inclusive) do not apply by virtue of sub-section (1) of section 88C.

Section 33B Special right of certified landlord to terminate tenancy for personal cultivation

(1) Notwithstanding anything contained in section 31, SECTION 31A or SECTION 31B a certified landlord may, after giving notice and making an application for possession as provided in sub-section (3), terminate the tenancy of an excluded tenant, if the landlord bona-fide requires such land for cultivating it personally.

(2) The notice may be given and an application made by a certified landlord under sub-section (3), notwithstanding that in respect of the same tenancy an application of the landlord made in accordance with sub-section (2) of section 31:-

(i) is pending before the Mamlatdar or in appeal before the Collector, or in revision before the Maharashtra Revenue Tribunal, on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah.IX of 1961) (hereinafter referred to in this section as " the commencement date"), or

(ii) has been rejected by any authority before the commencement date.

(3) The notice required to be given under sub-section (1) shall be in writing and shall be served on the tenant:-

(a) before the first day of January 1962, but

(b) if an application under section 88C is undisposed of and pending on that date then within three months of his receiving such certificate. And a copy of the notice shall, at the same time, be sent to the Mamlatdar. An application for possession of the land shall be made thereafter under section 29 to the Mamlatdar before the 1st day of April 1962, in the case falling under (a) and within three months of his receiving the certificate in the case falling under (b).

(4) Where the certified landlord belongs to any of the following categories, namely:-

(a) a minor,

(b) a widow,

(c)********

(d) a person subject to any physical or mental disability, then, if he has not given notice and not made an application as required by sub-section (1) and(3), such notice may be given and such application made:-

(A) by the landlord within one year from the date on which he:-

(i) in the case of category (a), attains majority; *********

(iii) in the case of category (d), ceases to be subject to such physical or mental disability; and

(B) in the case of a widow, by the successor-in-title within one year from the date on which widows interest in the land ceases:

Provided that, where a person belonging to any category is a member of a joint family, the provisions of this sub-section shall not apply if any one member of the joint family does not belong to any of the categories mentioned in this sub-section, unless the share of such person in the joint family has been separated by metes and bounds before the 31st 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,

(5) The right of certificated landlord to terminate a tenancy under this section shall be subject to the following conditions, that is to say:-

(a) If any land is left over from a tenancy in respect of which other land has already been resumed by the landlord or his predecessor-in-title. on the ground that other land was required for cultivating it personally under section 31 (or under any earlier law relating to tenancies then in force), the tenancy in respect of any land so left shall not be liable to be terminated under sub-section (1).

(b)The landlord shall be entitles to terminate a tenancy and take possession of the land leased but to the extent only of so much thereof as would result in both the landlord and the tenant holding thereafter in the total an equal area for personal cultivation-the area resumed or the area left with the tenant being a fragment, notwithstanding and notwithstanding anything contained in S.31 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

(c) The land leased stands in the Record if Rights (or an any public record or similar revenue record) on the 1st day of January 1952 and thereafter until the commencement date in the name of the landlord himself, or any of his ancestors (but not of any person from whom title is derived by assignment or Court sale or otherwise), or if the landlord is a member of a joint family in the name of a member of such family.

(6) The tenancy of any land left with the tenant after the termination of the tenancy under this section shall not at any time afterwards be liable to termination again on the ground that the landlord bona-fide requires that land for personal cultivation.

(7) If, in consequence of the termination of the tenancy under this section, any part of the land 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.

Section 33C Tenants of lands mentioned in section 88C to be deemed to have purchased land and other incidental provisions

(1) Notwithstanding anything contained in sub-section (1) of section 88C, every excluded tenant holding land from a certified landlord shall, except as otherwise provided in sub-section (3) be deemed to have purchased from the landlord, on the first day of April 1962, free from all encumbrances subsisting thereon on the said day, the land by him as tenant, if such land is cultivated by him personally, and:-

(i) the landlord has not given notice of termination of tenancy in accordance with sub-section (3) of section 33B, or

(ii) the land has given such notice, but has not made an application thereafter under section 29 for possession as required by the said sub-section (3), or

(iii) the landlord, not belonging to any of the categories specified in sub-section (4) of Section 33B, has not terminated the tenancy on any of the grounds specified in section 14, or has so terminated the tenancy but has not applies to the Mamlatdar on or before the 31st day of March 1962 under section 29 for possession of the land:

Provided that, where the landlord had 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 decisions.

(2)

(a) Where a tenant, on account of his eviction from the land by the landlord before the 1st day of April 1962, 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 appear by the Collector or in revision by the Maharashtra Revenue Tribunal, he shall be deemed to have purchased the land on which the final order allowing application is passed.

(b) Where such tenant has not made an application for possession within the period specified in sub-section (1) of section 29 or any application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the expiry of the said period or on the date of the final rejection of the application, 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.

(3) Where the certificated landlord, belonging to any of the categories specified in sub-section (4) of section 33B, has not given notice of termination 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 33B;

Provided that, where the tenancy and application for possession is 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 tenant desirous of exercising the right conferred on him under sub-section (3) shall accordingly inform the landlord and the Tribunal in the prescribed manner within the period of one year during which he is entitled to exercise such right under sub-section (3).

(5) The provisions of section 32 to SECTION 32R (both inclusive) shall, so far as may be applicable, apply to the purchase of land by an excluded tenant under this section.

Section 34 Maximum land that can be held by a person

Deleted by Mah. 27 of 1961, s. 48, Second Schedule.

Section 34A Holders of land to furnish particulars of land to Mamlatdar

Every person holding land in charge of more than one Village Accountant whether as owner or tenant or partly as owner and partly as tenant on the 31st day of March 1957, shall within the prescribed period furnish in the prescribed manner true particulars of all the land so held by him to each of the Mamlatdars within whose jurisdiction any piece of such land is situate.

Section 35

Provision of section 34 to apply to land, coming into possession of person on gift, etc.] Deleted by Mah. 27 of 1961, s. 48, Second Schedule.

Section 35A Determination of excess land cases

(1) Where the Mamlatdar, suo moto or on application made to him in this behalf, has reason to believe that the total area of land held by any person, whether as owner or tenant or partly as owner and partly as tenant, has exceeded the ceiling area or the area permitted to be held under sub-section (2) of section 34, whether on account of:-

(i) the restoration of any land to the possession of such person under sub-section (2) of Section 84B, or

(ii) 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, he shall, after holding an enquiry and after giving an opportunity to such person of being heard, determine whether the total area of land by such person exceed the ceiling area or the area permitted under sub-section (2) of section 34 and, if so, the extent and particulars of such excess land.

(2) The excess land determined under sub-section (1) shall be at the disposal of the Tribunal under section 32P.

Section 36 Fragment in excess of economic holding or ceiling area may be permitted to remain with holder

If, as a result of any redistribution or transfer of land under the provision of this Act. any area in excess of the economic holding or ceiling area which a person is entitled to hold under this Act is left over as a fragment, the Collector may 3* ******* permit such fragment to remain with either of the holders of the land, having regard to the efficient use thereof for agricultural purpose.

Section 37 Landlord to restore possession if he fails to cultivate within one year

(1) If after the landlord takes possession of the land after the termination of the tenancy [under section 31], [33B or section 34 of this Act as it stood immediately before the commencement of the Amending Act, 1956] he fails to use it for any of the purposes specified in the notice given under [section 31], [33B or section 34 of this Act as it stood immediately before the commencement of the Amending Act, 1956] within one year from the date on which he took possession or ceases to use it at any time for any of the aforesaid purposes within twelve years from the date on which he took possession, the landlord shall forthwith restore possession of the land to the tenant whose tenancy was terminated by him, unless he has obtained from the tenant his refusal in writing to accept the tenancy on the same terms and conditions and the tenant has failed to accept the offer within three months of the receipt thereof.

(2) After the tenant has recovered possession under sub-section (1) he shall, subject to the provisions of this Act, hold such land on the same terms and conditions on which he held it at the time his tenancy was terminated.

(3) If the landlord has failed to restore possession of the land to the tenant as provided in subsection (1) he shall be liable to any such compensation to the tenant as may be determined by the Mamlatdar for the loss suffered by the tenant on account of eviction.

(4) The provisions of this section shall not apply to a landlord who becomes a serving member of the armed forces; and on that account, fails to use the land, or ceases to use it, for any purposes specified in the notice referred to in sub-section (1) and within the period specified in that sub-section.

Section 38

Circumstance in which landlord shall be deemed to cultivate personally Deleted by Bom. 13 of 1956, s. 26.

Section 39 Application for recovery of possession by tenant

If at any time the tenant makes an application to the Mamlatdar and satisfies him that the landlord has failed to comply within a reasonable time with the provisions of section 37, the tenant shall be entitled on a direction by the Mamlatdar to obtain immediate possession of the land and to such compensation as may be awarded by the Mamlatdar for any loss caused to the tenant by eviction and by failure on the part of the landlord to restore or give possession of the land to him as required by section 37.

Section 40 Continuation of tenancy on death of tenant

(1) Where a tenant (other than a permanent 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.

(2) Where the tenancy is inherited by heirs other than the widow of the deceased tenant, such widow shall have charge fore maintenance on the profits of such land.

Section 41 Compensation for improvement made by protected tenant

(1) A 1*tenant who has made an improvement on the land held by him shall, if his tenancy is terminated under the provisions of this Act, be entitled to compensation for such improvement. For determining the amount of the compensation the tenant shall apply to the Mamlatdar in the prescribed form.

(2) The compensation to which a tenant shall be entitled under sub-section (1) shall be estimated value of such improvement at the time of the termination of his tenancy. In estimating such value regard shall be paid to:-

(a) the amount by which the value of the land is increased by the improvement;

(b) the present condition of the improvement and the probable duration of its effects;

(c) the labour and capital provided or spent by the tenant for the making of the improvement; and

(d) any reduction or remission of rent or other advantage allowed to the tenant by the landlord in consideration of the improvement [including permanent fixtures.

Section 42 Protected tenant's right to erect farmhouse

A 1tenant shall be entitled to erect a farm- house on the land held by him as a 1tenant.

Section 43 Restriction on transfer of land purchased or sold under land

(1) No land purchased by a tenant under section 32, SECTION 32F, [32n, 3320,[33C or 43-ID]] or sold to any person under 32P or 64 shall be transferred by sale, gift, exchange, mortgage, lease or assignment* * * *without the previous sanction of the Collector, [such sanction shall be given by the Collector in such circumstances, and subject to such conditions, as may be prescribed by the State Government: 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 under the Bombay Co-operative Societies Act, 1925, (Bom.VII of 1925) for raising a loan for effecting any improvement of such land.

(2) Any transfer of land in contravention of sub-section (1) shall be invalid.

"(2)" Notwithstanding the amendment of S.43 of the Bombay Tenancy Act, 1939 made by sub-section (1) of this section, where any orders have been made by the Collector or any other officer exercising the powers of the Collector under the said section 43, declaring partition of any land as invalid and the person concerned has been evicted by the Collector or such officer from such land, before the commencement of this Act, then such orders shall not be affected by the amendment aforesaid, but shall continue to be in operation as before,".


CHAPTER 3AA 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 tenants

Section 43-1A Definition

In this Chapter, unless the context requires otherwise, "landlord" means a landlord (including a certificated landlord within the meaning of section 33A) who 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.

Section 43-1B Right of landlord to terminate the tenancy

(1) Notwithstanding anything contained in the foregoing provisions of this Act, but subject to the provision of this section, it shall be lawful to a landlord at any time after the commencement of the Tenancy and Agricultural Lands Laws (Amendment) Act, 1964, (Mah.XXXIX of 1964) to terminate the tenancy of any land and obtain possession thereof, but:-

(a) of so much of as will be sufficient to make up the total land in this actual possession equal to the ceiling area; and

(b) 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 land shall be terminated under sub-section (1), unless a notice in writing is given to the tenant, and an application for possession under sub-section (3-A) of section 29 is made to the 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 from the date of his death.

(3) Nothing in this Chapter shall:-

(a) 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 provision of Section 32(O) shall apply to such tenancy as they apply in relation to a tenancy created after the tillers day;

(b) entitle a landlord who has ceased to be a serving member of the armed forces (as a 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 tenancy of his land under this section.

(4) Nothing in the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (Bom LXII of 1947) shall affect the termination of any tenancy under this Chapter.

Section 43-1C Transfer of pending proceedings to Collector and State Government

All proceedings for recovery or restoration of possession of land filed unless section 31 or SECTION 33B by a landlord pending immediately before the commencement of the Tenancy and Agricultural Lands Laws (Amendment) Act, 1964, before a Mamlatdar shall (subject to any rules made as respect such transfer or any matter 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(1)(B), or as the case may be, pending in revision before the State Government under section 73A and be disposed of accordingly.

Section 43-1D Right of tenant to purchase land from landlord

(1) Notwithstanding anything contained in the foregoing provisions of this Act, or any law, agreement, custom or usage to the contrary, but subject to the provisions of this section, a tenant holding land from a landlord shall, subject to the provisions of this section 32A, be entitled to purchase from the land:-

(a) where the landlord fails to make an application as required by Section 43(1)(B) the entire land so held by him, and

(b) in any other case, such part of the land held by the tenant as is left with him after the termination of tenancy under Section 43(1)(B).

(2) The right to purchase land under sub-section (1) shall be exercised within one year from the date on which possession of the land is obtained by the landlord in pursuance of the provision of Section 43(1)(B); or as the case may be, after the expiry of the period referred to in the proviso to sub- section (2) of Section 43(I)(B); and intimation of exercise of the right shall be sent to the landlord and he Tribunal in the prescribed manner within the period aforesaid.

(3) the provisions of section 32 to SECTION 32E (both inclusive) and section 32G to SECTION 32N (both inclusive) and section 32P, SECTION 32Q, SECTION 32R shall apply to the purchase of the land under section 32.

Section 43-1E Saving

Nothing in this Chapter shall apply in relation to land, which before the commencement of the Tenancy and Agricultural Lands Laws (Amendmnet) Act, 1964, (Mah.XXXIX of 1964) is purchased by any tenant under the provisions of Chapter III..


CHAPTER 3A Special provisions for lands held on lease by industrial or commercial undertakings and by certain persons for the cultivation of sugarcane and other notified agricultural produce

Section 43A

Some of the provisions not to apply to leases of land obtained by industrial or commercial undertakings, certain co-operative societies or for cultivation of sugarcane or fruits or flowers.

(1) The provisions of section 4B, SECTION 8, SECTION 9, SECTION 9B, SECTION 9C, SECTION 10A, SECTION 14, SECTION 16, SECTION 17, SECTION 17A, SECTION 17B, SECTION 18, SECTION 27, SECTION 31 TO SECTION 31D (both inclusive), SECTION 32 to SECTION 32R (both inclusive), [SECTION 33A, SECTION 33B, SECTION 33C],[* * *SECTION 43, SECTION 63, SECTION 63A, SECTION 64 and SECTION 65, shall not apply to:-

(a) [land leased to or held by] any industrial or commercial undertakings other than a Cooperative Society) which in the opinion of the State Government bona-fide carried on any industrial or commercial operations and which is approved by the State Government;

(b) leases of land granted to any bodies or persons other than those mentioned in clause (a) for the cultivation of sugarcane or the growing of fruits or flowers or for breeding of livestock;

(c) to lands held or leased by such co-operative societies as are approved in the prescribed manner by the State Government which have for their objects the improvement of the economic and social conditions of peasants or ensuring the full and efficient use of land for agriculture and allied pursuits.

(2) The State Government may by notification in the Official Gazette in this behalf direct that the provisions of the said sections shall not apply to a lease of land obtained by any person for growing any other class of agricultural produce to which it is satisfied that it will not be expedient in the pubic interest to apply the said provision. Before the issue of such notification, the State Government shall direct an inquiry to be made to an officer authorised in this behalf by the State Government and shall give all persons who are likely to be affected by such notification, an opportunity to submit their objections.

(3) Notwithstanding anything contained in sub-sections (1) and (2), it shall be lawful for the State Government to direct, by notification in the Official Gazette that the leases [or lands, as the case may be,] to which the provisions of sub-sections (1) and (2) apply, shall be subject to such conditions as may be specified in the notification, in respect of:-

(a) the duration of the lease;

(b) the improvements to be made on the land and formation of co-operative farming societies for that purpose and financial assistance to such societies;

(c) the payment of land revenue, irrigation cess, local funds cess and any other charges payable to the State Government or any local authority; or

(d) any other matter referred to in sections mentioned in sub-section (1).

Section 43B Reasonable rent of land to which section 43-A applies

Notwithstanding any agreement, usage, decree or order of a court or any other authority, in the case of any land to which section 43A applies, the rent payable shall be reasonable rent as determined under the following clauses:-

(1) A landlord or a tenant of such land may make an application in writing to the Mamlatdar for the determination of the reasonable rent in respect of such land.

(2) On receipt to such application, the Mamlatdar shall give notice thereof to the other party to the lease and after holding an inquiry shall determine the reasonable rent.

(3) In determining the reasonable rent regard shall be had to the following factors:-

(a) profits of agriculture of similar lands in the locality,

(b) prices in the locality of the particular crop for growing of which the land is leased,

(c) the improvements made in the land by the lessee or the landlord,

(d) the assessment payable in respect of land,

(e) the profits realised by the lessee on account of the lease of the land,

(f) profits earned by an industrial or commercial undertaking by the manufacture or sale of articles made out of the produce of the land leased,

(g) such other factors as may be prescribed.

(4) The reasonable rent determined by the Mamlatdar under clause (2) shall, with effect from [the date specified by the Mamlatdar] in that behalf, be deemed to be the rent fixed under the lease in lieu of the rent, if any, agreed between the parties.


CHAPTER 3B Special provisions in respect of areas within the limits of a municipality or a cantonment

Section 43C Certain provisions not to apply to municipal or cantonment areas

[Nothing in section 31] to 32R (both inclusive) [33A, 33B, 33C] and 43 shall apply to lands in the areas within the limits of:-

(a) Greater Bombay,

(b) a municipal corporation constituted under Bombay Provincial Municipal Corporations Act, 1949, (Bom LIX of 1949)

(c) a municipal borough constituted under the Bombay Municipal Boroughs Act, 1925.(Bom.XVIII of 1925)

(d) a municipal district constituted under the Bombay District Municipal Act, 1901. (Bom.III of 1901)

(e) a cantonment, or

(f) any area including in a Town Planning Scheme under the Bombay Town Planning Act, 1954:(Bom.XXVII of 1955)

Provided that, if any person has acquired any right as a tenant under this Act on or after the 28th December 1948, the said right shall not be deemed to have been affected by the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1952, (Bom XXXIII of 1952) or 1* * * *by the Amending Act, 1955, notwithstanding the fact that either of the said acts has been made applicable to the area in which such land is situate.

Section 43D Termination of tenancy

Deleted by Mah. 10 of 1977, s. 3. Section 6 of Mah. 10 of 1977 reads as follows:-

"6. Notwithstanding the deletion of S.43D of the Bombay Tenancy Act, 1939 and S.61 of the Vidarbha Tenancy Act, where proceedings for termination of tenancies are pending before the appropriate authority under any such Act and the landlord has taken possession of the land on or before the date of introduction of the Maharashtra Tenancy Laws, and the Maharashtra Regional and Town Planning (Amendment) Bill, 1976, in the Maharashtra Legislative 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 judgment, decree or order of any court, tribunal or authority, such pending proceedings, shall abate and the tenant shall continue to hold the land in accordance with the provisions of the Bombay Tenancy Act, or as the case may be, the Vidarbha Tenancy Act."


CHAPTER 4 Management of estates held by landholders

Section 44 Power to assume management of landholder's estate

Notwithstanding any law for the time being in force, usage or custom or the terms of contract or grant, when the [State] Government is satisfied that on account of the neglect of a landholder or disputes between him and his tenants, the cultivation of his estate has seriously suffered or when it appear to the [State] 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 landholders 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 locality where the estate is situated. Such notification shall conclusive.

Section 45 Vesting of estate in management

(1) On the publication of the notification under section 44, the estate in respect of which the notification has been published shall, so long as the management continues, vest in the [State] Government. Such management shall be deemed to commence from the date on which the notification is published and the [State] Government shall appoint a Manager to be in charge of such estate

(2) Notwithstanding the vesting of the estate in the State Government under sub-section (1), the tenant holding the lands on lease comprised in the estate shall, save as otherwise provided in this Chapter, continue to have the same right and shall be subject to the same obligations, as they have or are subject under the preceding Chapter in respect of the lands held by them on lease.

Section 46 Effect of declaration of management

On the publication of the notification under section 44, the following consequences shall ensue:-

(1) All proceedings then pending in any Civil Court in respect to the debts and liabilities enforceable against the estate shall be stayed; and the operation of all process executions and attachments then in force for or in respect of such debts and liabilities shall be suspended;

(2) So long as the management continues no fresh proceedings, processes, executions or attachments shall be instituted in or issued, enforced or executed by any Civil Court in respect of such debts and liabilities;

(3) So long as the management continues the holder of the estate shall be competent:-

(a) to enter into any contract involving the estate in pecuniary liability,

(b) to mortgage, charge, lease or alienate the property under management or any part thereof; or

(c) to grant valid receipts for the rents and profits arising or accruing therefrom:

Provided that, noting contained in this section shall be deemed to preclude the Manager from letting and the holder from taking the whole or a part of such estate on such terms consistent with this Act as may be agreed upon between the parties;

(4) So long as the management continues, no person other than the Manager shall be competent to mortgage, charge, lease or alienate such estate or any part thereof.

Section 47 Manager's powers

(1) The Manager shall during the management of the estate have all the powers which the holder thereof might as such have exercised and shall receive and recover all rents and profits due in respect of the property under management.

(2) for the purposes of recovering such rents and profits the Manager shall have, in addition to any powers possession by the holder, all the powers possessed by the Collector under the law for the time being in force for securing and recovering land revenue due to Government.

Section 48 Manager to pay costs of management etc

(1) From the sums received or recovered under section 47, the Manager shall pay:-

(i) the cost of management including the costs of necessary repairs;

(ii) the Government revenue and all debts and liabilities for the time being due or incurred to the [Government] in respect of the property under management;

(iii) the rent, if any, due to any superior holder in respect of the said estate;

(iv) such periodical allowance as the Collector may from time to time fix for the maintenance and other expenses of the holder and of such members of his family as the Collector directs;

(v) the cost of such improvement of the said estate as he thinks necessary and as provided by the Collector.

(2) the residue shall be retained by the Manager for the liquidation in the manner hereinafter provided, of the debts and the liabilities other than those mentioned in sub-section (1)and also for the repayment, either before of after the liquidation of such debts and liabilities of any loan received from Government by the Manager under this Act. the balance, if any, shall be paid to the holder.

Section 49 Notice to claimants

On the publication of the order of management, the Manager shall publish in the Official Gazette, a notice calling upon all persons having claims against the estate under management to notify the same in writing to such Manager within two months from the date of the publication. He shall also cause copies of such notice to be exhibited at such several places as he thinks fit.

Section 50 Claim to contain full particulars

(1) Every such claimant shall, along with his claim, present full particulars thereof.

(2) Every document on which he claimant finds his claim, or on which he relies in support thereof, shall be delivered to the Manager along with his claim.

(3) If the document be an entry in the book, the claimant shall produce the book to the Manager, together with a copy of the entry on which he relies. The Manager shall mark the book for the purpose of identification, and after examining and comparing the copy with the original, shall return the book to the claimant.

(4) If any document in possession or under the control of the claimant is not delivered or produced by him to the Manager along with the claim, the Manager may refuse to receive such document in evidence on the claimant's behalf at the investigation of the case.

Section 51 Claim not duly notified to be barred

Every such claim other than the claim of the [Government] not informed to the Manager within the time and in the manner required by such notice shall, except as provided hereinafter, be deemed for all purposes and on all occasions, whether during the continuance of the management or afterwards, to have been duly discharged:

Provided that, when proof is made to the Manager that the claimant was unable to comply with the provisions of section 49, the Manager may receive such claim within the further period of two months from the expiration of the original period of two months.

Section 52 Determination of debts and liabilities

The Manager shall inquire into the history and merits of every claim received under preceding sections and shall in accordance with the rules to be made under this Act determine of the debts and liabilities, if any, justly due to the several claimants.

Section 53 Power to rank debts and fix interest

If such amount cannot be paid at once, the Manager shall then proceed to rank such debts and liabilities according to the order in which they shall be paid, and to fix the interest, if any, thereon, respectively from the date of the final decision thereon, to the date of the payment and discharge thereof.

Section 54 Scheme for liquidation

When the total amount of the debts and liabilities including those due and incurred to the [Government] has been finally determined, the Manager shall prepare and submit to the Collector a Schedule of such debts and liabilities and a scheme (hereinafter called the liquidation scheme) showing the mode in which it is proposed to pay and discharge the same, whether from the income of the property under management, or with the aid of funds raised under the powers hereinafter conferred, or partly in one of such ways and partly in the other.

Section 55 Provisions of scheme

Every liquidation scheme shall further provide for the continuance of the payment to be made by the Manager and for the repayment of money, if any, which, the Manager proposes to borrow from Government under this Act and may provide for the improvement of the estate under management either from the said income or with the aid of the funds raised as aforesaid or partly in one of such ways, and partly in the other.

Section 56 Effects of sanctioning scheme

When the Collector sanctions the liquidation scheme he shall notify the fact of such sanction at such place and in such manner as the '[State] Government may from time to time by rule direct; and thereupon:-

(i) all proceedings, processes, executions and attachments stayed or suspended under section 46 shall be forever barred;

(ii) every debt or liability due or owning t any person which was provable before the Manager shall be extinguishable and such person shall be entitled to receive under the liquidation scheme the amount, if any, finally awarded to him under the preceding sections in respect of such debt or liability.

Section 57 Power to remove mortgagee in possession

(1) If the estate under management or any part thereof be in possession of a mortgagee or conditional vendor, the Manager, at any time after the liquidation scheme has been sanctioned as aforesaid, may by an order in writing require such incumbrancer to deliver up possession of the same to him at the end of the then current revenue year.

(2) it such incumbrancer refuses or neglects to obey such order, the Manager may, without resorting to a Civil Court, enter upon the property and summarily evict therefrom the said incumbrancer or any other person obstructing or resisting on his behalf: -

(3) Nothing in this section shall be held to affect the right of any incumbrancer to receive under the liquidation scheme the amount, if any, awarded to him under this Act.

Section 58 Power to sell or lease

Subject to the rules made under this Act, the Manager after the liquidation scheme has been sanctioned as aforesaid, shall have power to sell or grant on lease all or any part of the estate under the management:

Provided that, the estate or any part thereof shall not be sold or leased for a period exceeding ten years without the previous permission of the Collector:

Provided further that, the Collector shall not give such permission unless he is satisfied that such sale or lease is necessary for the benefit of the estate [or unless such sale is in favour of [a tenant under section 32, SECTION 32F, Section 32(O)]. The decision of the Collector shall be final.

Section 59 Managers receipt a discharge

The Managers receipt for any money, rents or profits raised or received by him under this Act shall discharge the person paying the same therefrom or from being concerned to see to the application thereof.

Section 60 Holder of estate dying

(1) Jf the holder of the estate dies after the publication of the order of the management, the management shall continue and proceed in all respects as is the holder were still living.

(2) Any person succeeding to the whole or any part of the estate under management shall, white such management continues, be subject in respect of such estate to the disabilities imposed under this Act.

(3) No Civil Court
shall, during the continuance of the management, issue any attachment or other process against any portion of the estate under management for or in respect of any debt or liability incurred by any such person either before or after his said succession.

Section 61 Termination of management

The [State] Government, when it is of opinion that it is necessary to continue the management of the estate, by order published in the Official Gazette, direct that the said management shall be terminated. On the termination of the said management, the estate shall be delivered into the possession of the holder, or if he is dead, of any person entitled to the said estate together with any balances which may be due to the credit of the said holder. All acts done or purporting to be done by the Manager during the continuance of the management of the estate shall be binding on the holder or to any person to whom the possession of the state has been delivered.

Section 62 Manager deemed to be public servant

The manager appointed under this Chapter shall be deemed to be a public servant under S.21 of the Indian Penal Code, 1860.


CHAPTER 5 Restrictions on transfers of agricultural lands, management of uncultivated lands and acquisition of estates and lands

Section 63 Transfers to non-agriculturists barred

(1) Save as provided in this Act:-

(a) 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

(b) 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 being an agriculturist [will after such sale, gift, exchange, lease or mortgage, hold land exceeding two-thirds of the ceiling area determined under the Maharashtra Agricultural Lands (Ceiling on Holding) Act, 1961] or who is not an agricultural labourer]: (Mah.XXVII of 1961)

Provided that, the Collector or an officer authorised by the [State] Government in this behalf may grant permission for such sale, gift, exchange, lease or mortgage on such conditions as may be prescribed.

Explanation:- For the purposes of this sub-section the expression 'agriculturist' includes any person who as a result of the acquisition of his land for any public purpose has been rendered landless for a period not exceeding ten years from the date of possession of his land is taken for such acquisition.

(1A) Where any condition subject to which permission to transfer was granted is contravened, then the land in respect of which such permission was' granted shall be liable to be forfeited in accordance with the provisions of section 84CC.

(1B) where permission is granted to any transfer to land under sub-section (1) any subsequent transfer of such land shall be subject to the provisions of sub-section (1).

(2) Nothing in this section shall be deemed to prohibit the sale, gift, exchange or lease of a dwelling house or the site thereof or any land appurtenant to it in the favour of an agricultural labourer or an artisan [or a person carrying on any allied pursuit.

(3) Nothing in this section shall apply or be deemed to have applied to a mortgage of any land or interest therein effected in favour of a co-operative society as security for the loan advanced by such society [or any transfer declared to be a mortgage by a court under S.24 of the Bombay Agricultural Debtors Relief Act, 1947.] (Bom. XXVIII of 1947)

(4) Nothing in section 63A shall apply to any sale made under sub-section (1).

Section 63A Reasonable price of land for the purpose of Us sale and purchase

(1) Except as otherwise expressly provided in this Act, the price of any land sold or purchased under the provisions of this Act shall consists of the following, amounts, namely:-

(a) an amount not being less than 20 times the assessment levied or leviable in respect of the land and not being more than 200 times such assessment excluding, however, for the purpose of calculation, the amount of water rate, if any, levied under S.55 of the Bombay Land Revenue Code, 1879 and included in such assessment;

(b) the value of any structures, wells and embankments, constructed, permanent fixtures made and trees planted on the land.

(2) Where under the provisions of this Act any land is sold or purchased by mutual agreement, such agreement shall be registered before the Mamlatdar and the price of the land shall, subject to the limits specified in sub-section (1), be such as may be mutually agreed upon by the parties. In the case of disagreement between the parties, the price shall be determined by the Tribunal having regard to the factors mentioned in this section.

(3) Where in case of a sale or purchase of any land under this Act, the Tribunal or the Mamlatdar has to fix the price of such land under this Act, the Tribunal or the Mamlatdar, as the case may be, shall, subject to the quantum specified in sub-section (1), fix the price having regard to the following factors, namely:-

(a) the rental values of lands used for similar purposes in the locality;

(b) the structures and wells constructed and permanent fixtures made and trees planted, on the land by the landlord or tenant;

(c) the profits of agriculture of similar lands in the locality;

(d) the prices of crops and commodities in the locality;

(e) the improvements made in the land by the landlord or the tenant;

(f) the assessment payable in respect of the land; and

(g) such other factors as may be prescribed.

Explanation:- For the purpose of this section the expression 'assessment' shall have the meaning assigned to it in section 8.

Section 63IA Transfer to non-agriculturist for bona fide industrial use

(1) 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 no; an agriculturist and who intends to convert the same to a bona fide industrial use, where such land is located within, -

(i) 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, prepared under the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), or any other law for the time being in force, or the agricultural zone of any of such plans or schemes and the development control regulations or rules any of such plans or schemes and the development control regulations or rules framed under such Act or any of such laws permit industrial use of land; or

(ii) the area where no such plan or scheme as aforesaid exists;

Provided that, where the total extent of such land proposed to be purchased by a person exceeds ten hectares, he shall obtain prior permission of the Development Commissioner (Industries) or any other officer authorised by the State Government in this behalf, who, while granting such permission shall consider the justification or reasonableness of the requirement of the land proposed to be purchased with reference to the nature of the proposed bona fide industrial use of such land. Provided further that, such purchase of land shall be subject to the condition that it shall be put to industrial use within a period of five years from the date of purchase failing which the person from whom the land is purchased shall have the right to repurchase the land at the price for which it was originally sold:

Provided also that, where the land being sold is owned by a person belonging to the Scheduled Tribe, such sale of land shall be subject to the provisions of S.36 of the Maharashtra Land Revenue Code, 1966 , S.36A of the Maharashtra Land Revenue Code, 1966 (Mah.XLI of 1966), and of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, (Mah. XIV of 1975).

(2) If, the land being purchased under sub-section (1) is held by Occupant Class II, the purchaser shall pay to the Collector, an amount equal to two per cent, of the purchase price within one month of the execution of the sale deed irrespective of the tenure of such land. This payment shall be in lieu of any nazarana or such other charges which may otherwise be payable by such Occupant- Class II by or under the provisions of the Maharashtra Land Revenue Code, 1966, (Mah. XLI of 1966). In addition, the purchaser of such land shall pay the non-agricultural assessment as may be levied by the Collector under S.67 of the Maharashtra Land Revenue Code, 1966and S.115 of the Maharashtra Land Revenue Code, 1966. (Mah.XLI of 1966).

(3) The person purchasing the land under sub-section (1) for conversion thereof for a bonafide industrial use give intimation of the date, on which the change of user of the land commenced, within thirty days from such date, to the Collector.

(4) If the person fails to inform the Collector within the period specified in sub-section (3), he shall be liable to pay in addition to the non-agricultural assessment which may be leviable by or under the provisions of the Maharashtra Land Revenue Code, 1966, (Mah.XLI of 1966), such penalty not exceeding twenty times the amount on non-agricultural assessment as the Collector may, subject to the rules, if any, made by the State Government in this behalf, direct.

Explanation:- For the purposes of this section, -

(a) the expression "bonafide industrial use" means 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.

(b) "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under Art.342 of the Constitution of India and persons, who belong to the tribes or tribal communities, or parts of, or groups within, tribes or tribal communities specified in part IX of the Schedule to the Order made under the said Article 342, but who are not resident in he localities specified in that order who nevertheless need the protection of this Section (and it is hereby declared that they do need such protection) shall, for the purposes of this Section, be treated in the same manner as members of the Scheduled Tribes.

Section 64 Sale of agricultural land to particular person

(1) Where a landlord intends to sell land, he shall apply to the Tribunal for determining the reasonable price thereof. The Tribunal shall thereupon determine the reasonable price of the land in accordance with the provisions of section 63A. The Tribunal shall also direct that the price shall be payable either in lump sum or in annual installments not exceeding six carrying simple interest at 4'/2 per cent per annum: Provided that, in the case of sale of the land in favour of a permanent tenant when he is in possession thereof, the price shall be at six times the annual rent.

(2) After the Tribunal has determined the reasonable price, the landlord shall simultaneously in the prescribed manner make an offer:-

(a) in the case of agricultural land:-

(i) to the tenant in actual possession thereof, notwithstanding the fact that such land is a fragment, and

(ii) to all persons and bodies mentioned in the priority list;

(b) in the case of a dwelling house, or a site of a dwelling house or land appurtenant to such house when such dwelling house, site or land is not used or is not necessary to carry on agricultural operations in the adjoining lands:-

(i) to the tenant thereof;

(ii) to the person residing in the village who is not in possession of any dwelling house:

Provided that, if there are more than one such person the offer shall be made to such person or persons and institution such order of priority as the Collector may determine in this behalf having regard to the needs of the following persons, namely:-

(i) an agricultural labourer,

(ii) an artisan,

(iii) a person carrying on an allied pursuit,

(iv) any other person in the village.

(3) The persons to whom such offers are made shall intimate to the landlord within one month from the date of receipt of the offer whether they are willing to purchase the land at the price fixed by the Tribunal.

(4)

(a) If only one person intimates to the landlord under sub-section (3) his willingness to accept the offer made to him by the landlord under sub-section (2), the landlord shall call upon such person by a notice in writing in the prescribed form to pay him the amount of the reasonable price determined by the Tribunal or to deposit the same with the Tribunal within one month or such further period as the landlord may consider reasonable from the date of receipt of the notice by such person.

(b) If more than one person intimate to the landlord under sub-section (3) their willingness to accept the offer made to them by the landlord under sub-section (2), the landlord shall call upon by a notice in writing in the prescribed form the person having the highest priority in the order of priority

(5) If the person to whom a notice is given by the landlord under sub-section (4) fails to pay the amount of the reasonable price to the landlord or to deposit the same with the Tribunal within the period referred to in sub-section (4) such person shall be deemed to be not willing to purchase the land and the landlord shall call upon in the manner provided in sub-section (4) the person who stands next highest in the order of priority and who has intimated his willingness to the landlord under sub-section (3).

(6) If any dispute arises under this section regarding:-

(a) the offer made by the landlord under sub-section (2), or

(b) the notice given by the landlord under sub-section (4) or (5), or

(c) the payment or deposit of the reasonable price, or

(d) the execution of the sale deed, such dispute shall be decided by the Tribunal.

(7)

(a) Notwithstanding anything contained in the foregoing provisions of this section a landlord may after obtaining permission of the Tribunal as provided in the next succeeding clause (b) sell any land notwithstanding the fact that such land is a fragment to the tenant in actual possession thereof at a price mutually agreed upon between him appointed day the tenant subject to the provisions of section 63A.

(b) The landlord shall make an application in writing to the Tribunal for permission to sell the land at such price. On receipt of the application, the Tribunal shall grant the permission if, on holding an inquiry, it is satisfied that the price has been agreed to voluntarily by the tenant.

(8) Any sale made in contravention of this section shall be invalid.

(9) If a tenant refuses or fails to purchase the land or a dwelling house offered to him under this section, and the land or the dwelling house, as the case may be, is sold to any other person under this section, the landlord shall be entitled to evict such tenant and purchase tax the purchaser in possession

Section 64A Exemption to sales by or in favour of co-operative societies

Nothing in section 63 and 64 shall apply to sales effected by or in favour of a co-operative society under the Bombay Co-operative Societies Act, 1925*] (Bom.VII of 1925)

Section 65 Assumptions of management of lands, which remained uncultivated

(1) If it appears to the [State] Government that for any two consecutive years, any land has remained uncultivated [or the full and efficient use of the land has not been made for the purpose of agriculture, through the default of the holder or any other cause whatsoever not beyond his control] the [State] Government may after making such inquiry as it thinks fit, declare that the management of such land shall be assumed. The declaration so made shall be conclusive.

(2) On the assumption of the management, such land shall vest in the [State] Government during the continuance of the management and the provisions of Chapter IV mutatis mutandis apply to the said land:

Provided that, the manager may in suitable cases give land on lease at rent equal to the amount of its assessment:

Provided further that, if the management of the land has been assumed under sub-section (1) on account of the default o the tenant, such tenant shall cease to have any right or privilege under Chapter II or III, as the case may be, in respect of such land with effect from the date on and from which such management has been assumed.

Section 66 Acquisition of estate or land under management or interest therein

(1) If at any time it appears to [State] Government that any estate or land, the management of which has been assumed under the provisions of this Act or the interest of any other person in such estate or land should be in the public interest, be compulsory acquired, it shall be lawful for the [State] Government to publish a notification to that effect in the Official Gazette. The notification so published shall be conclusive that the estate, land or interest is needed to be acquired in public interest;

(2) On the publication of the notification, the Collector shall cause publicity to be given to it at convenient places in the locality and also give notices to the holder of the estate, land or interest and to all persons known or believed to be interested therein.

(3) The Collector shall then make an inquiry in the prescribed manner to determine the value of the estate, land or interest, which has been acquired. For the said purpose the Collector shall have the same powers as are vested in court in respect of the following matters under the Code of Civil Procedure, 1908, (V of 1908) in trying a suit:-

(a) proof of facts by affidavits,

(b) summoning and enforcing the attendance of any person and examining him an oath, and

(c) compelling the production of documents.

(4) In determining the value the Collector shall take into consideration:-

(a) the assessment payable in respect of the estate or land,

(b) the profits of agriculture and cultivation of the estate or land and of similar estates and lands in the locality,

(c) the prices of crops and commodities in the locality,

(d) exemption from assessment and other privileges enjoyed by the holder and other persons interested in respect of the land, estate and interest,

(e) any other matter which may be prescribed.

(5) After determining the value of the estate, land or interest the Collector shall make an award which shall contain:-

(a) the particulars of the estate, land or interest,

(b) the compensation which in his opinion should be allowed for the land,

(c) the apportionment of the compensation among all persons known, or believed to be interested.

(6) Such award be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence as between the Collector and persons interested whether they have respectively appeared before the Collector or not of all the particulars including area and value of the estate, land or interest and the apportionment of compensation.

(7) When the Collector has made an award, the estate, land or interest therein shall vest in [Government] free from all incumbrances.


CHAPTER 5A Construction of water course through land of another


CHAPTER 6 Procedure and jurisdiction of tribunal, mamlatdar and collector; appeals and revision.

Section 67 Tribunal

(1) For the purposes of this Act, there shall be a Tribunal, called the Agricultural Lands Tribunal for each taluka or mahal or for such area as the State Government may think fit:

Provided that, it shall be lawful for the State Government, by notification in the Official Gazette, from time to time to alter the local limits of the jurisdiction of the Tribunal or top abolish the Tribunal so constituted or reconstitute the Tribunal for such area as may be specified in the notification; and in any case, to arrange for transfer of proceedings pending before any Tribunal on the date of such alteration or reconstitution.

(2) The State Government may appoint an officer not below the rank of a Mamlatdar to be the Tribunal and to exercise the powers and perform the duties and functions of the Tribunal under this Act in a taluka or mahal or any other area referred to in sub-section (1):

proviaed that, the State Government may for any area constitute a Tribunal consisting of not less than three members of whom:-

(a) at least one shall be a person who is holding or has held a judicial office not lower in rank than that of a civil judge under the Bombay Civil Court Act, 1869, (Bom XIV of 1869) or who is qualified to practice as a lawyer in the State of [Maharashtra], and

(b) one shall be appointed to be the President of the Tribunal; and the Tribunal so constituted shall exercise the powers and perform the duties and functions of the Tribunal under this Act.

Explanation:- In this section 'lawyer' means any person entitled to appear and plead for another in Court in the [Bombay area of the State of Maharashtra] and includes an advocate, a vakil and an attorney of the [High Court of Maharashtra.

Section 68 Duties of the Tribunal

It shall be the duty of the Tribunal:-

(a) to determine the value of the site of a dwelling house under section 17;

(b) to determine the purchase price of land under section 32G, SECTION 63A or SECTION 64;

(c) to decide any dispute under section 32SECTION 32ASECTION 32BSECTION 32CSECTION 32DSECTION 32ESECTION 32FSECTION 32GSECTION 32HSECTION 32ISECTION 32JSECTION 32KSECTION 32LSECTION 32MSECTION 32NSection 32(O)SECTION 32PSECTION 32QSECTION 32R (both inclusive);

(cc) to decide of land under section 32P;

(d) to perform such other functions in carrying out the provision of this Act, as may be prescribed or as may be directed by the [State] Government.

Section 69 Powers of the Tribunal

(1) The Tribunal shall have the same powers in making inquiries under this Act as are vested Courts in respect of the following matters under the Code of Civil Procedure, 1908, (V of 1908) in trying a suit, namely:-

(a) proof of facts by affidavits;

(b) summoning and enforcing the attendance of any person and examining him an oath; and

(c) compelling the production of documents.

(2) The Tribunal shall have such other powers as may be prescribed. The Tribunal shall have powers to award costs.

(3) The orders of the Tribunal shall be given effect to in the manner provided in section 73.

Section 70 Duties of the Mamlatdar

For the purposes of this Act the following shall be the duties and functions to be performed by the Mamlatdar:-

(a) to decide whether a person is an agriculturist;

(b) to decide whether a [person is, or was at any time in the past, a tenant] or a protected tenant [or a permanent tenant];

(c) to determine the rates of rent under section 9;

(d) to decide dispute regarding class of land under section 9A;

(f) to determine the amount of compensation under section 10 for the contravention of sections [SECTION 8, SECTION 9, SECTION 9A and SECTION 9C];

*********

(h) to determine the amount to be refunded the amount to refunded to a tenant under Section 13(5);

(i) to determine the amount of compensation for trees to which a tenant is entitled under section 19;

(j) to determine any dispute regarding the right to produce of trees naturally growing under section 20;

(k) to determine the cost of repairing protective bunds under section 23;

(kk) to hold an inquiry and restore possession of land under sub-section (1B) of section 32;

(1) to sanction exchange of tenancies under section 33;

(m) to determine the amount of compensation payable to 2* * * * tenant for any improvement under section 41;

(ma) to determine what is reasonable rent under section 43B;

(mb) to issue a certificate under section 84A, and decide under section 84B or 84C whether a transfer or acquisition of land is invalid and to dispose of land as provided in section 84C;

(mc) to decide references under section 85A;

(md) to decide any dispute under section 88C;

*********

(n) to take measures for putting the tenant or landlord or the agricultural labourer or artisan [or person carrying on as allied pursuits] into the possession of the land or dwelling house under this Act;

************

(o) to decide such other matters as may be referred to him by or under this Act.

Section 71 Commencement of proceedings

Save as expressly provided by or under tins Act. all inquiries and other proceedings before the Mamlatdar or Tribunal shall be commenced by an application which shall contain the following particulars:-

(a) the name. age. profession and place of residence of the applicant and the opponent:

(b) a short description and situation of the property of which possession is sought, or the amount of the claim, as the case may be;

(c) the circumstances out of which the cause of action arose:

(d) a list of the applicants documents, if any. and his witness, and whether such witnesses are to be summoned to attend or whether the applicant will produce them on the day of hearing:

(e) such other particulars as may be prescribed.

Section 72 Procedure

In all inquiries and proceedings commenced on the presentat on of applications under section 71 the Mamlatdar or the Tribunal shall exercise the same powers is the Mamlatdars court under the Mamlatdars Courts Act, 1906, and shall [save as provided in sectic 129] follow the provisions of the said Act and the application or the Tribunal were the Mamlatdars court under the said Act and the application presented was a plaint presented under section 7 of the said Act. in regard to the matters which are not provided for in the said Act, the Mamlatdar or the Tribunal shall follow the procedure as may be prescribed by the [State] Government. Every decision of the Mamlatdar or the Tribunal shall be recorded in the form of an order, which shall state reasons for such decision.

Section 72AA Distribution of business amongst Mamlatdars

Where in any taluka or manal, in addition to the Mamlatdar appointed under section 12 of the Bombay Land Revenue Code, 1879, (Bom V of 1879) or as the case may be, in addition to the Mahalkari appointed under section 13 of the said Code one or more officers are appointed by the State Government to perform the duties of a Mamlatdar under this Act in such taluka or mahal, each such officer shall dispose of such inquiries or proceedings commenced under section 71 as the Mamlatdar or as the case may be, the Mahalkari, subject to the control of the Collector, may by general or special order, refer to him.

Section 72A Power of Collector to transfer proceedings

Power of Collector to transfer proceedings. The Collector may, after due notice to the parties, by an order in writing transfer any proceedings under this Act pending before a Mamlatdar in his district and the Mamlatdar to whom the proceeding is so transferred shall thereupon exercise jurisdiction under this Act in such proceeding:

Provided that, any order issued to village officers under sub-section (2) of section 73 shall be issued by the Mamlatdar to whom such village officers are subordinate.]

Section 72B Application for possession of land made to different Mamlatdars to be heard by designated Mamlatdar

(1) If in the course of the hearing of an application for possession of any land made by a landlord under section 29, the Mamlatdar of on area finds that the landlord had made a similar application to the Mamlatdar of another area for possession of other land held by him in that area, then the Mamlatdar shall refer the case to the Collector if the other land is in the same district, and to the Divisional Officer if the other land is in another district, and to the State Government if the other land is in another division.

(2) On receipt of the reference, the Collector or the Divisional Officer or the State Government, as the case may be, shall:-

(a) call for the proceedings of the other application from the Mamlatdar concerned;

(b) having regard, among other matters to the extent of the land of which possession is sought under the different applications, transfer all the applications and proceedings to one of the Mamlatdars for hearing and disposal; and

(c) give an intimation of the transfer to the Mamlatdars, the landlord and the tenants concerned.

(3) The Mamlatdar to whom the applications are so transferred shall exercise jurisdiction in respect thereof under this Act:

Provided that, any order to be issued to village officers under sub-section (2) of section 73 shall be issued by or through the Mamlatdar to whom such village officers are subordinate.

Section 72C Designated Tribunal to conduct proceedings in respect of land held by the same tenant in different areas

(1) If in the course of a proceeding under section 32G in respect of any tenant, the Tribunal finds that such tenant hc'ds as a tenant other land outside its jurisdiction, then the Tribunal shall refer the case in the prescribed manner to the Collector if the other land is in the same districts. and to the Divisional Officer, if the other land is in another district and to the State Government if the other land is in another division.

(2) on receipt of the reference, the Collector or the Divisional Officer or the State Government, as the case may be, shall:-

(a) call for the details of such land in the prescribed form from the Tribunal within whose jurisdiction the land is situate;

(b) taking into consideration the extent of land held by the tenant as tenant situate within the jurisdiction of different Tribunals, direct that the proceeding under section 32G, SECTION 32H, SECTION 321, SECTION 32K, SECTION 32L, SECTION 32M, SECTION 32N and SECTION 32Q in respect of all the lands held by the tenant as tenant shall be conducted and disposed of by the Tribunal designated for the purpose, and transfer the case accordingly; and

(c) give an intimation of the transfer to the Tribunal, the landlords and the tenant concerned.

(3) The Tribunal designated under sub-section (2) shall exercise jurisdiction under this Act in respect of all the said lands:

Provided that, any order to be issued to village officers under sub-section (2) of section 73 shall be issued by or through the Mamlatdar to whom such village officers are subordinate.

Section 73 Execution of order for payment of money or for restoring possession

(1) Any sum the payment of which has been directed by an order of the Mamlatdar or the Tribunal including an order awarding costs shall be recoverable from the person ordered to pay the same as an arrear of land revenue.

(2) An order of the Mamlatdar or the Tribunal awarding possession or restoring the possession or use of any land shall be executed in the manner provided in S.21 of the Mamlatdars Courts Act, 1906, as if it was the decision of the Mamlatdar under the said Act:

Provided that, such order shall not be executed till the expiry of the period of the appeal [or, as the case may be, of application for revision as provided] in section 79.

(3) An order or decision of the Mamlatdar in execution proceedings conducted under subsection (2) subject to appeal (if any) to the Collector, shall be final.

Section 73A Power of Collector in inquiries under sub-section (3-A) of section 29; provisions as respect revision and execution of orders

(1) For the purposes of an inquiry under sub-section (3 A) of section 29 the Collector shall have the same powers as are vested in courts in respect of the following matters under the Code of Civil Procedure, 1908, in trying a suit, namely:-

(a) proof of facts by affidavits,

(b) summoning and enforcing attendance of any person and examining him on oath, and

(c) compelling the production of documents.

(2) The order of the Collector under sub-section (3A) of section 29 shall, subject to revision under sub-section (3), be final.

(3) The State Government may, suo moto or on an application from any person interested in the land, call for the record of any such inquiry for the purpose of satisfying itself as to the legality or propriety of the order passed by the Collector and pass such order thereon as it deems fit:

Provided that, no such order shall be modified, annulled or reversed, unless an opportunity has been given to the interested parties to appear and to be heard.

(4) Every such order of the Collector or of the State Government in revision awarding possession of any land shall be executed in the manner provided for the execution of the orders of the Mamlatdar or Tribunal under section 73.

Section 74 Appeals

(1) An appeal against the orders of the Mamlatdar and the Tribunal may be filed to the Collector in the following cases:-

(a) an order under section 4,

* * * * *

* * * * *

(d) an order under section 9.

(da) an order under section 9A;

(e) an order under section 10,

* * * * *

(g) an order under section 13,

(ga) an order under section 15,

(h) an order under section 17,

(i) an order under section 19,

(j) an order under section 20,

(k) an order under section 23,

(1) an order under section 25,

(m) an order under section 29,

6(m1) an order under sub-section (1B) of section 32.

* * * * *

(ma) an order under sub-section (2) of section 32,

(mb) an order under section 31, SECTION 32F, SECTION 32G or SECTION 32P,

(n) an order under section 32K. SECTION 32M. [32MM] OR 32Q]

(na) an order under section 33B,

(o) an order under section 33,

(oo) an order under sub-section (5) of section 34,]

(p) an order under section 37.

(q) an order under section 39.

(r) an order under section 41, 5* * *

(IT) an order made pursuant to a notification issued] under sub-section (3) of section 43A.

(ra) an order under section 43B,

(s) an order under section 64.

(u) an order made under section 84A. SECTION 84B or SECTION 84C,

(v) an order under section 85A,

(w) an order under section 88C.

(2) Save as otherwise provided in this Act. the provisions of Chapter XIII of the Bombay Land Revenue Code, 187, shall apply to appeals to the Collector under this Act, as if the Collector were the immediate superior of the Mamlatdar or the Tribunal. The Collector in appeal shall have power to award costs.

Section 74A Powers of Collector to transfer and withdraw appeals

The Collector may, after due notice to the parties, by order in writing:-

(a) transfer any appeal pending before him or before any Assistant or Deputy Collector subordinate to him to any Assistant or Deputy Collector specified in such order, performing the duties and exercising the powers of a Collector and upon such transfer the Assistant Collector or the Deput> Collector, as the case may be, shall have the power to hear and decide the appeal as if it was originallj filed to him; or

(b) withdraw any appeal pending before any Assistant or Deputy Collector and himself hea and decide the same.

Section 75 Appeal against award of Collector

(1) An appeal against the award of the Collector made under section 66 may be filed to the [Maharashtra Revenue Tribunal], notwithstanding anything contained in the Bombay Revenue Tribunal Act, 1939.

(2) In deciding appeals under sub-section (1), the [Maharashtra Revenue Tribunal] shall exercise all the powers which a court has and [subject to the regulations framed by such Tribunal under the Bombay Revenue Tribunal Act, 1939*,] (Bom.XII of 1939)follow the same procedure which a court follows in deciding appeals from the decree or order of an original court under the Code of Civil Procedure, 1908.

Section 76 Revision

(1) Notwithstanding anything contained in the Bombay Tribunal Act, 1939,* an application for revision may be made to the [Maharashtra Revenue Tribunal] constituted under the said Act against any order of the Collector on the following grounds only:-

(a) that the order of the Collector was contrary to law;

(b) that the Collector failed to determine some material issue of law; or

(c) that there was a substantial defect in following the procedure provided by this Act, which has resulted in the miscarriage of justice.

(2) In deciding applications under this section the [Maharashtra Revenue Tribunal] shall follow the procedure, which may be prescribed by rules made under this Act after consultation with the Maharashtra Revenue Tribunal

Section 76A Revisional powers of Collector

Where no appeal has been filed within the period provided for it, the Collector may, suo moto or on reference made in this behalf by the Divisional Officer or the State Government, at any time:-

(a) call for the record of any inquiry or the proceedings of any Mamlatdar or Tribunal for the purpose of satisfying himself as to the legality or propriety of any order passed by, and as to the regularity of the proceedings of such Mamlatdar or Tribunal, as the case may be, and

(b) pass such order thereon as he deems fit:

Provided that,[no such record shall be called for after the expiry of one year from the date of such order and] no order of such Mamlatdar or Tribunal shall be modified, annulled or reversed unless opportunity has been given to the interested parties to appear and be heard.

Section 77 Court fees

Notwithstanding anything contained in the Court Fees Act, 1870, (VII of 1870)every application or appeal made under this Act to the Mamlatdar, Tribunal, Collector or [Maharashtra Revenue Tribunal] shall bear a court fee stamp of such value as may be prescribed.

Section 78 Orders in appeal or revision

(1) The Collector in appeal and the [Maharashtra Revenue Tribunal] in appeal under section 75 and in revision under section 76 may confirm, modify or rescind the order in appeal or revision or its execution or may pass such other order as may seem legal and just in accordance with the provisions of this Act.

(2) the orders of the Collector in appeal or of the [Maharashtra Revenue Tribunal] in appeal or revision shall be executed in the manner provided for the execution of the orders of the Mamlatdar and Tribunal under section 73.

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, as the case may be. The provisions of S.4 of the Indian Limitation Act, 1908S.5 of the Limitation Act, 1908, S.12 of the Limitation Act, 1908and S.5 of the Limitation Act, 1908, (IX of 1908) shall apply to the filing of such appeal or application for revision:

[Provided that, an appeal against an order passed by the Mamlatdar under section 31 or SECTION 32F or an order passed by the Tribunal under section 32G before the date of the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960, may be filed within a period of six months from the date of such commencement.

Section 80 Inquiries and proceedings to be judicial proceedings

All inquiries and proceedings before the Mamlatdar, the Tribunal, the Collector and the [Maharashtra Revenue Tribunal] shall be deemed to be judicial proceedings within the meaning of S.193 of the Indian Penal Code, 1860 , S.219, of the Indian Penal Code, 1860 , S.228, of the Indian Penal Code, 1860

Section 80A Pleaders etc.. excluded from appearance

Deleted by Mah. 8 of I963. s. 7.


CHAPTER 7 Offences and penalties

Section 81 Offences and penalties

(1) Whoever contravenes any provision of any of the sections, sub-section, or clauses mentioned in the first column of the following Table shall, on conviction for each such offence, be punishable with fine which may extend to the amount mentioned in that behalf in the third column of the table.

Explanation:- The entries in the second column of the said table headed "subject" are nut intended as the definitions of offences described in the sections, sub-section and clauses mentioned in the first column, or even as abstracts of those sections, sub-section and clauses, but are inserted: merely as references to the subjects of the sections, sub-sections and clauses, the numbers of which are given in the first column.

(2) an offence for the contravention of the provisions of [section 11 of sub-section (2) of section 26 or section 29] shall be cognizable.


CHAPTER 8 Miscellaneous

Section 82 Rules

(1) The [State] Government may make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing provisions such rules may provide for the following matters:-

(a) the other pursuits to be prescribed under clause (2A) of section 2;

(b) the other factors to be prescribed under section 7 and section 9;

(bb) the manner in which the value of crop share or produce shall be determined under Section 9C;

(c) the penalty to be recovered under section 10[or to be inflicted under sub-section (5) of section 13;

(d) the manner of verifying the surrender of a tenancy under section 15;

(e) the fees paid for the grant of a certificate and the form of such certificate under sub-section (3) of section 17.

(ee) the manner of making record of rights relating to sites and houses thereon under sub- section (1), and the fee to be paid and the form of certificate, under sub-section (6) of section 17B;

(f) the manner and the form in which a receipt is to be given by the landlord under section 26;

(g) the manner of apportionment of rent under section 31D;

(ga) the rules subject to which a tenant shall be entitled to choose the area and the location under section 32C;

(gaa) the manner of giving intimation under sub-section (1A) of section 32F and sub-section (1A) ;

(gb) the form of public notice under sub-section (1), and the manner of recording statement under sub-section (2), of section 32G;

(gc) the form of certificate to be issued under sub-section (1) of section 32M;

(gd) the manner of referring a question for decision under sub-section (3) of section 32Q:

(h) the terms and conditions for exchange of lands and the form of certificate to be issued under section 33;

(hh) the period within in which and the manner in which particulars of land are to be furnished to Mamlatdars under section 34A;

(ha) other factors to be taken into consideration for determining reasonable rent under Section 43B;

(i) the manner of determining debts and liabilities under section 52;

(j) the manner of notifying liquidation scheme sanctioned under section 56;

(kl) the rules subject to which the Collector may impose penalty under sub-section (4) of Section (I)(A)

(k) the conditions subject to which permission to acquire land or interests therein may be granted under section 63;

(ka) other factors to be taken into consideration for determining reasonable price under section 63A;

(kb) the manner in which an offer shall be made and the form in which notice shall be given under section 64;

(1) the manner of making inquiry to determine the value of the estate, land or interest acquired and any other matter to be taken into consideration in determining the value under section 66;

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(m) the other functions of the Tribunal under section 68;

(n) the other powers of the Tribunal under section 69;

(o) the other procedure to be followed by the Mamlatdars and the Tribunal under section 72;

(p) the value of the court-fee stamp payable on an application to the Mamlatdar or Tribunal or on an application or appeal to the Collector or [Maharashtra Revenue Tribunal] under section 77;

(pp) the manner of disposal of land under sub-section (3) of section 84B;

(pa) the manner of grant of land under section 84C;

(pb) the period within which and the form in which an application under section 88C shall be made and the form of certificate to be issued under that section;

(q) any other matter, which is or may be prescribed under this Act.

(3) Rules made under this section shall be subject to the conditions of previous publication in the Official Gazette.

(4) All rules made under this section shall be laid for not less than thirty days before each House of the State Legislature as soon as possible after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following, and publish in the Official Gazette.

Section 83 Delegation of powers and duties

The [State] Government may, subject to such restrictions and conditions as it may impose by notification in the Official Gazette, delegate to any of its officers not below the rank of an Assistant or Deputy Collector, all or any of the (powers conferred or duties imposed] on it by this Act.

Section 83A Restriction on acquiring land by transfer, which is invalid

(1) No person shall acquire land by transfer, where such transfer or acquisition is invalid under any of the provisions of this Act,

(2) Any person who acquires land in contravention of sub-section (1) shall, in the event of the transfer or acquisition being decided to be or declared invalid, be liable to the consequences in Section 84 or SECTION 84C, as the case may be.

Section 84 Summary eviction

Any person unauthorisedly 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.

Section 84A Validation of transfers made before appointed day

(1) A transfer of any land in contravention of section 63 or SECTION 64 as it stood before the commencement of the Amending Act, 1955. made after the 28th day of December 1948 (when the Bombay Tenancy and Agricultural Lands Act 1948, came into force) and before the 15th day of June 1955 shall not be declared to be invalid merely on the ground that such transfer was made in contravention of the said sections if the transferee pays to the State Government a penalty equal to [one per cent] of the consideration of Rs. 100, whichever is less:

Provided that, if such transfer is made by the landlord, in favour of the tenant in actual possession, the penalty leviable in respect thereof shall be one rupee:

Provided further that, if any such transfer is made by the landlord in favour of any person other than the tenant in actual possession, and such transfer is made either after the unlawful eviction of such tenant or results in the eviction of the tenant in actual possession, then such transfer shall not be deemed to be validated [unless such tenant has failed to apply for the possession of the land under sub-section (1) of section 29 within two years from the date of his eviction from the land.

(2) On payment of such penalty, the Mamlatdar shall issue a certificate to the transferee that such transfer is not invalid.

(3) Where the transferee fails to pay the penalty referred to in sub-section (1), within such period as may be prescribed, the transfer shall be declared by the Mamlatdar to be invalid and thereupon the provisions of sub-section (3) to (5) of section 84C shall apply.

Section 84B Certain transfers made between appointed date and commencement of Amending Act, 1955, invalid

(1) Where in respect of a transfer or acquisition of any land made on or after the 15* day of June 1955 and before the commencement of the Amending Act, 1955, the Mamlatdar, suo moto or on the application of any person interested in such land, has reason to believe that such transfer or acquisition:-

(a) was in contravention of section 63 or SECTION 64 as it stood before the commencement of the amending Act, 1955, or.

(b) is inconsistent with any of the provisions of this Act as amended by the Amending Act, 1955, the Mamlatdar shall issue a notice in the prescribed form to the transferor, the transferee or the person acquiring such land, as the case may be, to show cause as to why the transfer or acquisition should not be declared to be invalid and shall hold an inquiry and decide whether the transfer or acquisition is or not invalid:

[Provided that, where the transfer or acquisition was in favour of the tenant in possession of the land and the area of the land so transferred together with the area of other land, if any, cultivated personally by the tenant did not exceed the ceiling area, such transfer or acquisition shall not be declared to be invalid if the tenant pays to the State Government a penalty of one rupee within such period not exceeding three months as the Mamlatdar may fix.

(2) If after holding such inquiry the Mamlatdar declares the transfer or acquisition to be invalid, he shall direct that the land shall be restored to the person from whom it was acquired, and that the amount of consideration paid, if any, shall be recovered as an arrear of land revenue from the transferee and until the amount is so fully paid, the said amount shall be charged on the land.

[(3) If the person to whom the land is directed to be restored refuses to take possession of the land, the Mamlatdar shall, subject to the provision of section 63A, dispose of the land by sale in the prescribed manner in the following order of priority:-

(i) the tenant in actual possession of the land if he is not the transferee,

(ii) The persons or bodies in the order given in the priority list.

(4) The amount of price realised under sub-section (3) shall, subject to the payment of any encumbrances subsisting on the land, be paid to the [transferor.]

(5) If the transferee refuses to accept the amount paid to him under sub-section (2) [or the transferor refuses to accept the amount paid to him under sub-section (4) the amount shall be forfeited to the State Government.

Section 84C Disposal of land, transfer or acquisition of which is invalid

(1) Where in respect of the transfer or acquisition of an land made on or after the commencement of the Amending Act, 1955, the Mamlatdar suo moto or on the application of any person interested in such land has reason to believe that such transfer or acquisition is or becomes invalid under any of the provisions of this Act, the Mamlatdar shall issue a notice and hold an inquiry as provided for in section 84B and decide whether the transfer or acquisition is or invalid.

(2) If after holding such inquiry, the Mamlatdar comes to a conclusion that the transfer or acquisition of land is invalid, he shall make an order declaring the transfer or acquisition to be invalid:

[Provided that, where the transfer of land was made by the landlord to the tenant of the land and the area of the land so transferred together with the area of other land, if any, cultivated personally

(i) if the amount received by the landlord as the price of the land is equal to or less than the reasonable price determined under section 63A and the transferee pays to the State Government a penalty of one rupee within such period not exceeding three months as the Mamlatdar may fix;

(ii) if the amount received by the landlord as the price of the land is in excess of the reasonable price determined under section 63A and the transferor as well as the transferee pays to the State Government each a penalty equal to one-tenth of the reasonable price within such period as the Mamlatdar may fix.

(3) On the declaration made by the Mamlatdar under sub-section (2):-

(a) the land shall be deemed to vest in the State Government, free from all encumbrances lawfully subsisting thereon on the date of such vesting, and shall be disposed of in the manner provided in sub-section (4); the encumbrances shall be paid out of the occupancy price in the manner provided in section 32Q for the payment of encumbrances out of the purchase price of the sale of land but the right of the holder of such encumbrances to proceed against the person liable, for the enforcement of his right in any manner, shall not be affected;

(b) the amount which was received by the transferor as the price of the land shall be deemed to have been forfeited to the State Government and it shall be recoverable as an arrear of land revenue; and

(c) the Mamlatdar shall, in accordance with the provisions of section 63A determine the reasonable price of the land.

(4) After determining the reasonable price, the Mamlatdar shall grant the land on new and impartible tenure and on payment of occupancy price equal to the reasonable price determined under sub-section (3) in the prescribed manner in the following order of priority:-

(i) the tenant in actual possession of the land;

(ii) the persons or bodies in the order given in the priority list:

[Provided that, where the transfer of land was made by the landlord to the tenant of the land "and the area of the land so transferred together with the area of the land, if any. cultivated personally by the tenant did not exceed the ceiling area then];-

(i) [it the amount] received by the transferor as the price of the land is, equal to or less than the reasonable price, the amount forfeited under sub-section (3) shall be returned to the transferor and the land restored to the transferee on payment of penalty of rupee one in each case: and

(ii) [if the amount] received by the transferor as the price of the land is in excess of the reasonable price, the Mamlatdar shall grant the land to the transferee on new and impartible tenure and on payment of occupancy price equal to one-tenth of the reasonable price and out of the amount forfeited under sub-section (3), the transferor shall be paid back an amount equal to nine-tenths of the reasonable price.

(5) The amount of the occupancy price realised under sub-section (4) shall, subject to the payment as aforesaid of any encumbrances subsisting on the land, be credited to the State Government:

Provided that, where the acquisition of any excess land was on account of a gift or bequest, the amount of the occupancy price realised under sub-section (4) in respect of such land shall, subject to the payment of any encumbrances subsisting thereon, be paid to the donee or legatee in whose possession the land had passed on account of such acquisition.

Explanation:- For the purposes of this section new and inpartible tenure" means the tenure of occupancy which is non-transferable and non-partible without the previous sanction of the Collector.

Section 84CC Disposal of land, transfer or acquisition of which is invalid for breach of conditions

(1) Where the Collector suo moto or on an application made to him on this behalf has reason to believe that there has been a breach of any of the conditions subject to which permission to transfer land was granted under section 63 he shall issue a notice and hold an inquiry and after giving an opportunity of being heard to the person in whose favour such transfer was made decide whether there has been any breach of condition of transfer and on his holding in the affirmative make an order declaring the transfer to necessary to be invalid unless he holds that the breach was occasioned for reasons beyond the control of such person.

(2) On making an order under sub-section (1), the land shall stand forfeited and transferred to and shall vest without assurance in the State Government.

(3) The land vesting in the State Government under sub-section (2) shall be disposed of by the Collector to persons or bodies in the order given in sub-section (2) of section 32P or in such other manner as the State Government may by general or special order direct; and the encumbrances lawfully subsisting thereon on the date of the vesting shall be paid out of the occupancy price in the manner provided in section 32Q for the payment of encumbrances out of the purchase price of the sale of land but the right of the holder of such encumbrances to proceed against the person liable for enforcement of his right in any manner shall not be affected.

Section 84D Temporary leases of land liable to be disposed of under section 32P or 84C

(1) Where any land has become liable to be disposed of under section 32P or SECTION 84C, the [Tribunal] or, as the case may be, the Mamlatdar considers that such disposal is likely to take time and that with a view to prevent the land remaining uncultivated it is necessary to take such a step, [the Tribunal, or the Mamlatdar may lease the land] for cultivation to any agriculturist who has under personal cultivation land less than the ceiling area, subject to the following conditions:-

(i) the lease shall be for a period of one year;

(ii) the lessee shall pay rent at the rate fixed by the Mamlatdar and applicable to the land under section 9;

(iii) the lessee shall be liable to pay the land revenue and the other cesses specified in sub- section (1) of section 10A and payable in respect of the land;

(iv) if the lessee fails to vacate the land on the expiry of the term of the lease, he shall be liable to be summarily evicted by the Mamlatdar.

(2) The person holding land on lease under sub-section (1), shall not be deemed to be a tenant within the meaning of this Act.

(3) The amount of rent realised under sub-section (1), shall be:-

(a) paid to the owner of the land where the land is liable to be disposed of under section 32P, and

(b) forfeited to Government, where the land is liable to be disposed of under section 84C.

Section 85 Bar of jurisdiction

(1) No Civil Court shall have jurisdiction to settle, decide or deal with any question [(including a question whether a person is or was at any time in the past a tenant and whether any such tenant is or should be deemed to have purchased from his landlord the land held by him) which is by or under this Act required to be settled, decide or dealt with by the Mamlatdar or Tribunal, a Manager, the Collector or the [Maharashtra Revenue Tribunal] in appeal or revision or the [State] Government in exercise of their powers of control.

(2) No order of the Mamlatdar, the Tribunal, the Collector or the [Maharashtra Revenue Tribunal] or the [State] Government made under this Act shall be questioned in any Civil or Criminal Court.

Explanation:- For the purposes of this section a Civil Court shall include a Mamlatdar's Court constituted under the Mamlatdar's Courts Act, 1906.(Bom II of 1906)

Section 85A Suits involving issues required to be decided under this Act

(1) If any suit instituted in any Civil Court involves any issues which are required to be settled, decided or dealt with by any authority competent to settle, decide or deal with such issues under this Act (hereinafter referred to as the "competent authority") the Civil Court shall stay the suit and refer such issues to such competent authority for determination.

(2) On receipt of such reference from the Civil Court, the competent authority shall deal with and decide such issues in accordance with the provisions of this Act and shall communicate its decision to the Civil Court and such Court shall thereupon dispose of the suit in accordance with the procedure applicable thereto.

Explanation:- For the purpose of this section a Civil Court shall include a Mamlatdar's Court constituted under the Mamlatdar's Court Act, 1906.]

Section 86 Control

In all matters connected with this Act, the [State] Government shall have the same authority and control over the Mamlatdars and the Collectors acting under this Act as they have and exercise over them in the general and revenue administration.

Section 87 Indemnity

No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.

Section 87A Savings in respect of provisions of Land Tenures Abolition Act

Nothing in this Act shall affect the provisions of any of the Land Tenures Abolition Acts, specified in Schedule III to this Act, in so far as such provisions relate to the conferment of right of an occupant in favour of any inferior holder or tenant in respect of any land held by him.

Section 88 Exemption to Government lands and certain other lands

(1) [Save as otherwise provided in sub-section (2), nothing in the foregoing provisions of this Act] shall apply.-

(a) to lands belonging to or held on lease from, the Government;

(b) to any area which the State Government may, from time to time, by notification in the Official Gazette, specify as being reserved for non-agricultural or industrial development;

(c) to an estate or land taken [* ***** under the management of the Court of Wards [or of a Government Officer appointed in his official capacity as a guardian under the Guardians and Wards Act, 1890.] (VIII of 1890)

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(d) to an estate or land taken under management by the State Government under Chapter IV or section 65 except as provided in the said Chapter IV or sectiIon 65, as the case may be, and in section 66, SECTION 80A, SECTION 82, SECTION 83, SECTION 84, SECTION 85, SECTION 86 and SECTION 87:] [Provided that, from the date on which the land is released from management, all the foregoing provisions of this Act shall apply thereto; but subject to the modification that in the case of a tenancy, not being a permanent tenancy, which on that date subsist in the land:-

a) the landlord shall be entitled to terminate the tenancy under section 31 (or under Section 33B in the case of a certified landlord) within one year from such date; and

(b) within one year from the expiry of the period during which the landlord or certified landlord is entitled to terminate the tenancy as aforesaid, the tenant shall have the right to purchase the land under section 32 (or under section 33C in the case of an excluded tenant); and

(c) the provisions of section 31 to SECTION 31D, both inclusive (or section 33A and SECTION 33B in the case of a certified landlord) and section 32 to SECTION 32R, (both inclusive) (or section 33A and SECTION 33C in the case of an excluded tenant) shall, so far as may be applicable, apply to termination of a tenancy or the right to purchase the land, as aforesaid:

Provided further that,:-

(a) in the case of a permanent tenancy the permanent tenant shall be entitled to purchase the land held by him on permanent tenancy:-

(i) within one year from the date on which the estate or land is released from management, or

(ii) where such estate or land was released from management after the tiller's day but before the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960, within one year from such commencement, and

(b) where such permanent tenant is desirous of exercising the right conferred on him under this proviso, he shall accordingly inform the landlord and Tribunal in the prescribed manner within the said period of one year and the provisions of section 32 to SECTION 32R shall, so far as may be applicable, apply to the right of the permanent tenant to purchase the land.

Explanation:- For the purposes of [clause (a) of sub-section (l)]of this section land held as inam or watan for service useful to Government and assigned as remuneration to the person actually performing such service for the time being under S.23 of the Bombay Hereditary Officers Act, 1874, (Bom II of 1874) or any other law for the time being in force shall be deemed to be land belonging to Government:]

(2) If any land held on lease from Government or any part thereof,:-

(i) is held at the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960, (Mah. IX of 1961) by a person under a sub-lease from the lessee and is cultivated personally by such person, or

(ii) is sub-let after the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960, by the lessee to any person for cultivation, and such sub-letting of the land or part thereof is authorised in accordance with the terms of the lease then all the provisions of this Act except section 32 to SECTION 32R (both inclusive) and section 43 shall, notwithstanding anything contained in such lease, apply to the land, or as the case may be, the part thereof, held under such sub-lease, as if the person holding it under such sub-lease were a tenant within the meaning of section 4 of this Act and the lessee were the landlord:

Provided that, in the case of a sub-lease subsisting on the date of commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960, the lessee shall be entitled to terminate the sub-lease under section 31 within one year from such date and the provisions of Section 31 to SECTION 31D (both inclusive) shall so far as may be applicable, apply to the termination of the sub-lease.

Explanation:- In sub-section (2) of this section , references to a lessee include a reference to a person to whom the entire interest in the land held on lease or in any part thereof has been transferred or assigned.

Section 88AI

Special provisions in respect of tenants of certain lands in villages specified in Schedule IV. Where any land being land situate in any of the villages specified in Schedule IV was not included within the limits of the former municipalities of Malad, Kandivali, Borivali and Mulund immediately before the first day of February 1957, and a tenant of the land would have been deemed to have purchased the land under section 32 but for the Government Notification in the Revenue Department No. TNC. 5157/32/90-M, dated the 29th March 1957, issued under clause (b) of section 88 in respect of the said villages, such tenant shall notwithstanding the said notification, be deemed to have purchased the land under section 32 on the relevant date specified in that section and the provisions of section 32 to SECTION 32R and section 43 shall apply to such purchase accordingly.

Section 88A Provisions of Act not to apply to land transferred to or by Bhoodan Samiti

Nothing in the foregoing provision shall apply to land transferred to, or by, a Bhoodan Samiti recognised by the State Government in this behalf.

Section 88B Exemption from certain provisions to land of local authorities, universities and trusts

(1) Nothing in the foregoing provisions except section 3, SECTION 4B, SECTION 8, SECTION 9, SECTION 9A, SECTION 9B, SECTION 9C, SECTION 10, SECTION 10A, SECTION 11, SECTION 13, and SECTION 27 and the provisions of Chapters VI and VIII in so far as the provisions of the said Chapters are applicable to any of the matters referred to in sections mentioned above shall apply:-

(a) to lands held or leased by a local authority, or University established by law in the [Bombay area of the State of Maharashtra]; and

(b) to lands which are the property of a trust for an educational purpose, [a hospital, Panjarapole, Gaushala] or an institution for public religious worship:

Provided that: -

(i) such trusts is or is deemed to be registered under the Bombay Public Trusts Act, 1950, (Bom.XXIX of 1950) and

(ii) the entire income of such lands is appropriated for the purpose of such trust;

(c) to lands assigned or donated by any person before the 1st day of August 1956 for the purpose of rendering any of the following services useful to the community, namely:-

(d) to lands taken under management temporarily by the Civil, revenue or Criminal Courts by themselves, or through receivers appointed by them, till the decision of the title of the rightful holders:

Provided that, from the date on which the land referred to in clause (d) is released from management, all the foregoing provisions of this Act shall apply thereto; but subject to the modifications that in the case of a tenancy, not being a permanent tenancy, which on the date subsists in the land:-

(i) the landlord shall be entitled to terminate the tenancy under section 31 (or under Section 33B in the case of a certified landlord) within one year from such date; and

(ii) within one year from the expiry of the period during which the landlord or certified landlord is entitled to terminate the tenancy as aforesaid, the tenant shall have the right to purchase the land under section 32 (or under section 33C in the case of an excluded tenant), and

(iii) the provisions of section 31 to SECTION 31D, (both inclusive) (or section 3A and SECTION 33B in the case of a certified landlord) and section 32 to SECTION 32R, (both inclusive) (or section 33A and SECTION 33C in the case of an excluded tenant) shall, so far as may be applicable, apply to the termination of a tenancy or the right to purchase the land, as aforesaid:

Provided further that:-

(a) in the case of a permanent tenancy the permanent tenant shall be entitled to purchase the land held by him on permanent tenancy:-

(i) within one year from the date on which the estate or land is released from management, or

(ii) where such estate or land was released from management after the tiller's day but before the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960, (Mah.IX of 1961) within one year from such commencement, and

(b) where such permanent tenant is desirous of exercising the right conferred on him under this proviso, he shall accordingly inform the landlord and Tribunal in the prescribed manner within the said period of one year and the provisions of section 32 to SECTION 32R shall, so far as may be applicable, apply to the right of the permanent tenant to purchase the land.

(2) For the purposes of this section, a certificate granted by the Collector, after holding an inquiry, that the conditions in the proviso to sub-section (1) are satisfied by any trust shall be conclusive evidence in that behalf.

Section 88C Exemption from certain provisions to lands leased by persons with the annual income not exceeding Rs. 1,500

(1) [Save as otherwise provided by section 33A, SECTION 33B and SECTION 33C. nothing in section] SECTION 32 to SECTION 32R (both inclusive) shall apply to the land leased by any person if such land does not exceed an economic holding and the total annual income of such person including the rent of such land does not exceed Rs. 1,500.

Provided that, the provisions of this sub-section shall apply to any person who holds such land as a permanent tenant or who has leased such land on permanent tenancy to any other person.

(2)Every person eligible to the exemption provided in sub-section (1) shall make an application in the prescribed form to the Mamlatdar within whose jurisdiction all or most of the pieces of land leased by him are situate within the prescribed period for a certificate that he is entitled to such exemption.

(3) On receipt of such application, the Mamlatdar shall, after giving notice to the tenant or tenants of the land, hold inquiry and decide whether the land leased by such person is exempt under sub-section (1) from the provisions of section 32 to SECTION 32R.

(4) If the Mamlatdar decides that the land is so exempt, he shall issue a certificate in the prescribed form to such person.

(5) The decision of the Mamlatdar under sub-section (3), subject to appeal to the Collector, shall be final.

Section 88CC Provisions of Act not to apply in relation to certain leases

11. Section 88CC was inserted by Mah. 35 of 1974, Sch. Notwithstanding anything contained in this Act, a person who does not belong to a Scheduled Tribe shall, after the commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974, not have the right to purchase under this Act the land duly leased to hi with the previous sanction of the Collector under the provisions of S.36 of the Maharashtra Land revenue Code, 1966 , S.36A of the Maharashtra Land revenue Code, 1966.

Section 88CA Sections 32 to 32R not to apply to certain service lands

Nothing in section 32 to 32A (both inclusive), [33-A, 33-B and 33-C] shall apply to land held as inam or watan for service useful to Government but not assigned as remuneration to the person actually performing such service for the time being under S.23 of the Bombay Hereditary Offices Act, 1874, or for any other law for the time being in force.

Section 88CB

Section 32 to SECTION 32R not to apply to Saranjam. Nothing in section 32 to SECTION 32R (both inclusive) shall apply, or shall be deemed ever to have applied to any land as saranjam on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1962.

Section 88D Power of Government to withdraw exemption

(1) Notwithstanding anything contained in section 88, SECTION 88A, SECTION 88B and SECTION 88C, if the State Government is satisfied:-

(i) in the case of an area referred to in clause (b) of section 88, that the chances of non- agricultural or industrial development are remote, or that after the eviction of tenants from any land in such area, the land has not been used for a non-agricultural or industrial purpose,

(ii) that the lands transferred by a Bhoodan Samiti are not cultivated personally by the transferee or are alienated by them,

(iii) in the case of lands referred to in clause (b) of section 88B, that the trust is unable to look after the property or has mismanaged it or that there are disputes between the trust and the tenant, and

(iv) in the case of lands referred to in section 88C, that the annual income of the person has exceeded Rs. 1,500 or that the total holding of such person exceeds an economic holding, the State Government may, by order published in the prescribed manner, direct that with effect from such date as may be specified in the order such land or area, as the case may be, shall cease to be exempted from all or any of the provisions of this Act from which it was exempted under any of the sections aforesaid, and any certificate granted under section 88B or SECTION 88C, as the case may be, shall stand revoked.

(2) Where any such land or area ceases to be so exempted then in case of a tenancy subsisting on the date specified in the order issued under sub-section (1), the landlord shall be entitled to terminate such tenancy under section 31, within one year from such date and the tenant, unless his tenancy is so terminated, shall have a right to purchase the land within one year from the expiry of the period during which such landlord is entitled to terminate the tenancy. The provisions of section 31section 32 to SECTION 32R (both inclusive) shall, so far as may be applicable, apply to such termination of tenancy and to the right of the tenant to purchase the land.

Section 89 Repeal

(1) The enactment specified in [Schedule I] is hereby repealed to the extent mentioned in the fourth column thereof.

(2) But nothing in this Act or any repeal effected thereby:-

(a) shall affect the amendments made in S.59 of the Bombay Land Revenue Code, 1879, (Bom V of 1879) or S.6 of the Khoti Settlement Act, 1880 , S.9 of the Khoti Settlement Act, 1880 (Bom I of 1880;

(b) shall, save as expressly provided in this Act, affect or be deemed to affect:-

(i) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Act, or

(ii) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability of anything done or suffered before the commencement of this Act, and any such proceeding shall be continued and disposed of, as if this Act was not passed.

(3) Notwithstanding anything contained in sub-section (2), all proceedings for the recovery of restoration of the possession of the land under section 7 of the Act so repealed, pending at the date of the commencement of this Act before the Mamlatdar or in appeal before the Collector, shall, notwithstanding anything contained in this section, be deemed to have been instituted and pending before the Mamlatdar or in appeal before the Collector, as the case may be, under this Act and shall be disposed of in accordance with the provisions of this Act.

(4) Any appointment, notification, notice, order, rule or form made or issued under the Bombay Tenancy Act, 1939, (Bom.XXIX of 1939) shall continue to be in force and deemed to have been made or issued under the provisions of this Act, in so far as such appointment, notification, notice, order, rule or for is not inconsistent with the provisions of this Act, or rules made thereunder and shall continue to be in force, unless and until it is superseded by any appointment, notification, notice, order rule or form made or issued under this Act.

Section 89A Removal of doubt

It is hereby declared that S.3 of the Bombay Tenancy Act, 1939 , S.3A of the Bombay Tenancy Act, 1939 , S.4 of the Bombay Tenancy Act, 1939 as set out in Schedule I to this Act as modified from time to time by an Order made under the Extra Provincial Jurisdiction Act, 1947, or by or under any other legislative power (including any modifications made in those sections by the Bombay Merged States (Laws) Act, 1950, and the Bombay Merged Areas, Enclaves and Specified Areas (Amendment of Laws) Act, 1950) in relation to the areas comprised in the merged States as defined in the second mentioned Bombay Act, or in the enclaves as defined in the last mentioned Bombay Act, shall always be deemed to be extended to and to be in force in, those areas on the dates on which this Act was extended to and brought into force respectively in those areas; and accordingly:-

(a) all tenants falling under the said section 3, SECTION 3A or SECTION 4 as so modified, shall at all relevant dates be deemed always to be protected tenants under the respective sections, notwithstanding that their rights as such protected tenants are not recorded in the Record of Rights as required by the said section 3A aforesaid;

(b) all proceedings for recovery or restoration of possession of land filed under section 34 of the Act as it stood immediately before the 1st day of august 1956 (being the date on which the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955 (hereinafter referred to as "the said Act of 1955") came into force) and pending on the commencement of the Bombay Tenancy and Agricultural Lands (Second Amendment) Act, 1962 before the Mamlatdar or in appeal before the Collector, or any Tribunal or Court shall, notwithstanding any judgment, decree or order of a Court, be deemed to have been instituted under section 31 as it stands substituted by the said Act of 1955 and shall be disposed of accordingly.

Section 90 Enactments amended

The enactments specified in Schedule II shall be amended to the extent mentioned in the fourth column thereof.


SCHEDULE 1 Enactment repealed

The date on which this section came into force in the area in which the land is situated and in cases falling under clause (b) within six months from the eighth day of November 1946.

(2) A person who is deemed to be aprotected tenant under sub-section ( 1 ) shall, if he had intimated in writing to the landlord in cases falling under clause (a) of sub-section (1) within one year after the coming into force of this section in the area in which the land is situated and in cases falling under clause (b) of sub-section ( 1 ) within one year after the eigth day of November 1946, that he is willing to hold the land on the same terms and conditions on which he held it at the time when he was evicted be entitled to recover possession of the land:

(a) in cases falling under clause (a) of sub-section (1):

(i) if the land has been leased out by the landlord for a period expiring after the 31st day of May immediately following the date of the coming into force of this section in the area in which the land is situated from the date on which such lease expires; and

(ii) in other cases, from the lst day of June imediately following the date of the coming into force of this section in the area in which the land is sitauted;

(b) in cases falling under clause (b) of sub-section (1):-

(i) if the land has been leased out by the landlord for a period expiring after 31st day of May from the date on which such lease expires;

(ii) in other cases from the lst day of June 1947 and on so recovering possession he shall, subject to the provisions of this Act, hold the land on the said terms and conditions.

(3) The provisions of this section shall not apply in cases where the landlord is using the land for any of the purposes mentioned in sub-section (1) of section 34 of this Act.

1879

V

The Bombay Land Revenue Code, 1879.

(1A) In section 80, for the words "through nonpayment by the occupant of the land revenue due on account thereof, it shall be lawful for any person interested to pay on behalf of such occupant" the words "through non-payment of the land revenue due on account thereof by the person primarily liable for payment of it, it shall be lawful for any person interested to pay on behalf of such person" shall be substituted.

Sections 83 and 84 not to apply to certain tenancies.

(1) After section 84, the following section shall be inserted, namely:-

Bom. LXVIl of 1948. Bom LX VII of 1948

"84-1A. The provisions of sections 83 and 84 shall cease to apply to tenancies to which the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, apply."

(2) In section 86, for the proviso, the following shall be substituted, namely:-

"Provided that, such application shall be made before the expiry of the year immediately succeeding the revenue year or the year of the tenancy in which the said rent or land revenue became payable."

(3) In section 136, to sub-section (1) the following proviso shall be added, namely:-

"Provided that, in the case of any land in the possession of a tenant, if such tenant is liable to pay land revenue in respect of such land under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, such tenant such be primarily liable for the payment of land revenue in respect of such land."

1879

VII

The Bombay Irrigation Act, 1879

In section 56D, for the proviso to sub-section (1) the following shall be substituted, namely:-

"Provided that, in the case of any land in the possession of a tenant, if such tenant is liable to pay the irrigation cess in respect of such land under the provisions of the Bombay Tenancy and

Bom. LXVIIof 1948.

Agricultural Lands Act, 1948, such tenant shall be primarily liable to pay the irrigation cess, in respect of such land."

1923

VI

I

The Bombay Local Boards Act, 1923.

To section 96. the following proviso shall be added namely:-

I

Bom. LXVII of 1948.

"Provided that, in the case of any land in the possession of a tenant, if such tenant is liable to pay the cess in respect of each land under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, such tenant shall be primarily liable for the payment of the cess in respect of such land.

1975

VII

The Bombay Cooperative Societies Act. 1925.

In section 24AA:-

(1) in clause (i):-

(a) after the words "own any land" the words "or has interest in any land as a tenant" shall be inserted;

(b) for the words "on the land owned by him and specified there in" the words "on such land or interest, specified in the declaration" shall be substituted;

(2) utter clause (ii), the following clause shall be inserted, namely:-

Bom. XI11 of1956.

(iia) any person who has borrowed a loan from a society of which he is a member before the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955 and has any interest in land as a tenant, shall, as soon as possible, make a declaration in the form, and to the effect referred to in clause (i) and no such person I shall unless and until he has made such declaration be entitled to exercise a by right as a member of the society;

(3) in clauses (iii), (iv) and (vii) for the Ordinances, brackets and figures "or (ii) wherever they occur the brackets, figures, letter and word "or (iia)" shall be substituted;

(4) in clauses (iv), after the words "of the land" the

Words "or interest therein" shall be inserted;

(5) in clauses (vi), after the words "on the land" the words "or interest" shall be inserted;

(6) in clause (vii), after the words "on land" the words "or interest" shall be inserted.

SCHEDULE 3

[See section 32G(6) and 87A]

List of Land Tenures Abolition Acts.

1. The Bombay Bhagdari and Narwadari Tenures Abolition Act, 1949 (Bom. XXXII of 1949).

2. The Bombay Maleki Tenure Abolition Act, 1949 (Bom. LXI of 1949).

3. The Bombay Taluqdari Abolition Act, 1949 (Bom. LXII of 1949).

4. The Panch Mahals Mehwassi Tenure Abolition Act, 1949 (Bom. LXIII of 1949).

5. The Bombay Khoti Abolition Act, 1949 (Bom. VI of 1950).

6. The Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950 (Bom. LX of 1950).

7. The Bombay Watwa Vazifdari Rights abolition Act, 1950 (Bom. LXII of 1950).

8. The Salsette Estates (Land Revenue Exemption Abolition) Act, 1951 (Bom. XLVII of 1951).

9. The Bombay Land Tenures Abolition (Amendment) Act, 1953 (Bom. XXXVIII of 1953),

10. The Bombay Personal Inams Abolition Act, 1952 (Bom. XLII of 1953).

11. The Bombay Merged Territories (Ankadia Tenure Abolition) Act, 1953 (Bom. XLIII of 1953).

12. The Bombay Kauli and Katuban Tenures (Abolition) Act, 1953 (Bom. XLIV of 1953).

13. The Bombay Merged Territories (Baroda Mulgiras Tenure Abolition) Act, 1953 (Bom. XLIV of 1953).

14. The Bombay Merged Territories (Baroda Watan Abolition) Act, 1953 (Bom. XLVI of 1953).

15. The Bombay Merged Territories Matadari Tenure Abolition Act, 1953 (Bom. XLVIII oi 1953).

16. The Bombay Service Inams (Useful to community) Abolition Act, 1953 (Bom, LXX of 1953).

17. The Bombay Merged Territories (Janjira and Bhor) Khoti Tenure Abolition Act, 1953 (Bom. LXXI of 1953).

RULE:

BOMBAY
TENANCY AND AGRICULTURAL LANDS (BOMBAY REVENUE TRIBUNAL PROCEDURE) RULES, 1958

[Vide R.D.No.BRT.1058/183695-B, dated 19.3.1959 issued by Government under Section 82 read with Section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948, in supersession of the Bombay Tenancy and Agricultural Lands (Bombay Revenue Tribunal Procedure) Rules, 1958


CHAPTER 1 Preliminary

Rule 1 Short title

There rules may be called the BOMBAY TENANCY AND AGRICULTURAL LANDS (BOMBAY REVENUE TRIBUNAL PROCEDURE) RULES, 1958

Rule 2 Definition

In these rules, unless the context otherwise requires,

(a) "Act" means the Bombay Tenancy and Agricultural Lands Act, 1948;

(b) "Application" means an application for revision made to the Tribunal under Section 76 of the Act.

(c) "Deputy Registrar" means the Deputy Registrar of the Tribunal appointed under section 6 of the Bombay Revenue Tribunal Act, 1957, and includes any person who is for the time being discharging the functions of the Deputy Registrar;

(d) "Designated member" means a member who is designated by the President from time to time to act under any of the provisions of these rules;

(e) "Form" means a Form appended to these rules;

(f) "Lawyer" means a Barrister-at-law or Solicitor or any other person entitled to plead in any Court of law in this State;

(g) "Member" means a member of the Tribunal and includes the President;

(h) "President" means the President of the Tribunal appointed under Sub-Section (2) of S.3 of the Bombay Revenue Tribunal Act, 1957;

(i) "Registrar" means the Registrar of the Tribunal appointed under S.6 of the Bombay Revenue Tribunal Act, 1957 and includes any person who is for the time being discharging the functions of the Registrar;

(j) "Tenancy Rules" means the Bombay Tenancy and Agricultural Lands Rules, 1956;

(k) "Tribunal" means the Bombay Revenue Tribunal constituted under S.3 of the Bombay Revenue Tribunal Act, 1957.


CHAPTER 2 Offices of Tribunal, sitting of members and distribution of work

Rule 3 Head Office and sub-offices of Tribunal

(1) The head office of the Tribunal shall be in Greater Bombay.

(2) There shall be a sub-office of the Tribunal at every place of sitting (outside Greater Bombay) specified under S.8 of the Bombay Revenue Tribunal Act, 1957.

Rule 4 Sitting of Members

The President may direct one or more members to sit in Greater Bombay or at any other place of sitting.

Rule 5 Designated members to perform certain functions

11. Subs. by G.N. of 16.2.1968

(1) The President may, subject to the provisions of sub-rule (2), by a general or special order, designate one of the members directed to work at a place outside Greater Bombay to perform such functions as may be specified in the orders.

(2) It shall generally be the duty of the designated member to supervise the enforcement of these rules by the staff of the Tribunal in matters of registration of applications and issuing notices upon admission of such applications and in particular, the designated member shall be responsible for getting all such applications scrutinized and registered under these rules without undue delay. He shall also be responsible for promptly communicating to the parties concerned, the decisions of orders of the Tribunal.

Rule 6 Distribution of work

The President may by a general or special order direct that applications in respect of cases arising in any part of the State specified in the order shall be filed and disposed of in Greater Bombay or at any other place of sitting as the President may deem fit.

Rule 7 Procedure in case of absence of one of the two members of a bench

Whenever one of the two members constituting a bench is unable to attend the work, the other member may hear the cases fixed before such bench with the previous approval of the President:

Provided that where it is not practicable to obtain the previous approval, the member may report the matter to the President after the disposal of cases without any avoidable delay:

Provided further that the other member hearing such cases may reserve any of them for the decision of a bench to be constituted later.

Rule 8 Deputy Registrars to exercise Registrar's powers

The Deputy Registrars in the sub- offices of the Tribunal shall, in respect of applications arising from the area for which they are appointed exercise such of the powers of the Registrar as may be delegated to them from time to time by the Registrar with the approval of the President.


CHAPTER 3 Presentation, Registration and Admission of Applications

Rule 9 Presentation of applications

(1) Subject to the provisions of Rule 49 all applications made to the Tribunal shall be presented in person by the applicant, or by his duly appointed agent or lawyer to the Registrar or sent to him by post. Where applications are sent by post they shall not be accepted unless due postage has been prepaid.

(2) Every such application shall -

(a) either be typewritten or written in ink in legible hand;

(b) specify the name and address of the applicant and of the opponent;

(c) specify the provisions of the law under which it is filed;

(d) clearly state the grounds of application;

(e) state the relief which the applicant claims;

(f) if filed after the expiry of the period of limitation, state how the application filed is in time; and

(g) contain a statement that no application in respect of the same matter has previously been filed.

(3) No application shall be accepted by the Registrar unless it complies with the requirements laid down in clauses (a) to (g) of sub-rule (2):

Provided that an application may, with the sanction of the President be accepted if the President is of the opinion that compliance with any of those requirements in any particular case is not necessary.

(4) Every application presented under sub-rule (1) shall be accompanied by -

(a) the decision or order (either in original or a certified copy thereof) in respect of which such application is made;

(b) if the decision or order referred to in clause (a) is itself made in appeal against any decision or order, then also such latter decision or order either in original or a certified copy thereof; and

(c) as many copies thereof legibly written in ink or type written as there are opponents.

Rule 10 Paper-book

Every applicant shall furnish along with the application a paper-boOok in triplicate consisting a copy of the application and a copy of each of the orders of the lower authorities.

Rule 11 Registration of applications

11. Subs. by G.N. of 16.2.1968 22. Subs. by G.N. of 20.3.1975 [

(1) An application may be presented to the Registrar by the applicant either in person or through his authorised agent or sent by registered post. On receipt of the application, the Registrar shall endorse on it the date of its receipt by him and acknowledge its receipt.

(2) Within seven days from the date of receipt of the application by the Registrar, the Registrar shall examine the application and shall satisfy himself -

(a) that the person presenting it has authority to do so; and

(b) that it conforms to the provisions of the Act, the Tenancy Rules and these Rules.

(3) If it appears to the Registrar that the application satisfies that conditions specified in sub- rule (2), he shall cause it to be registered in the appropriated register maintained under rule 12.

(4) Where the Registrar is of opinion that the application does not conform to any of the condition specified in sub-rule (2), he shall intimate to the applicant or his duly authorised agent or lawyer, the defects, on account of which the application could not be registered, and shall require the applicant to cure the defects, either in person or through post, 33. Subs. by G.N. OF 20.3.1975. [within two months] from the date of the said intimation.

(5) If the applicant or his duly authorised agent or lawyer cures all the defects pointed out within the period fixed under sub-rule (4), the application shall be registered as aforesaid.

44. Renumbered by G.N. of 20.3.1975 (6) Where the applicant or his duly authorised agent or lawyer cures the defects after the expiry of the period specified in sub-rule (4) or fails to cure any of the defects pointed out to him within the said period, the Registrar shall proceed under the provisions of Rule 13 as if the application has been registered. The Registrar shall also bring to the notice of the Tribunal whether or not the applicant has cured the defects pointed out to him, and where any prayer for a stay order made by the applicant has been placed before the Tribunal before proceeding under the provisions of Rule 13, the Registrar shall indicate whether any stay was granted by the Tribunal under Rule 14.

(7) Where the applicant is allowed under sub-rule (4) to cure the defects and also granted stay under Rule 14 before the application was registered or before the Registrar has proceeded under Rule 13 as if the application had been registered, the Tribunal shall examine the question whether stay should be vacated or contained pending the hearing and disposal of the application, when the application is placed before it by the Registrar, and shall make an order for vacating or continuing the stay: Provided that, no such order shall be made without hearing the parties concerned.

(8) If it appears to the Registrar that the application conforms to all the conditions specified in sub-rule (2), but has been presented after the expiry of the limitation period prescribed therefore by or

Rule 12 Maintenance of register

The Registrar shall maintain separate registers for -

(1) applications in Form A.

(ii) applications for restoration of an application in Form B.

Rule 13 Procedure on registering application

(1) Where an application has been registered, the Registrar shall, as soon thereafter as possible place it before the Tribunal for preliminary hearing. A notice of preliminary hearing shall be given to the applicant or to his duly appointed agent or lawyer.

(2) A notice Under sub-rule (1) shall state that if the applicant does not appear before the Tribunal either in person or through an agent or lawyer on the date mentioned in the notice, the application shall be heard and decided ex-parte.

(3) The Tribunal may, for sufficient reasons, admit or reject the application.

Provided that no application shall be rejected without giving reason in writing for doing so.

(4) For the purpose of making an order under sub-rule (3), the Tribunal may direct the Registrar to call for the record and proceedings relating to the application under consideration, or any other papers or documents, from the Collector or the authority concerned:

Provided that the record and proceedings shall not be called nor processes issued unless the process fee prescribed under Rule 47 is duly received by the Registrar.

Rule 14 Stay of execution of orders

(1) Pending a decision on an application, 11.Deleted by G.N. of 20.3.1975 [* * *] the Tribunal may direct the execution of any order against which the application is made, to be stayed on such conditions it may deem fit.

(2) An order made under sub-rule (1) may be vacated or modified by the Tribunal provided that prior notice is given to the person in whose favour such order has been made to show cause why it should not be so vacated or modified.

Rule 15 Record to be called for

(1) In all cases in which the record and proceeding are not called for under the provisions of sub-rule (4) of Rule 13, the Registrar shall, as soon as may be, after the prescribed process fees are paid and an application is admitted, call for the record and proceedings relating to such application from the Collector or any other authority concerned.

(2) When any record and proceedings are called for by the Registrar under sub-rule (1) of this rule or under sub-rule (4) of Rule 13, the Collector or the authority concerned shall send with such record and proceedings a diary in chronological order showing the date when such proceedings were commenced and the dates and pages of the principal order passed and of important papers or maps or plans filed in such proceedings.

Rule 16 Tribunal not to entertain applications until all remedies are exhausted

The Tribunal shall not entertain any application unless it is satisfied that the applicant, has exhausted all other remedies available to him under the law for the time being in force.


CHAPTER 4 Hearing, Adjournment and Decision or Order

Rule 17 Persons competent to appear or act before the Tribunal

The Tribunal may permit any party to appear or act by lawyer if any application.

Rule 18 Notice to parties to appear before Tribunal

After an application is admitted, a notice shall be served on the parties concerned in accordance with the provisions of Rule 46 calling upon them to appear before the Tribunal on the date specified in the notice. The notice shall also state that if the party concerned does not appear before the Tribunal either in person or through an agent or lawyer on the date specified in the notice or any subsequent date to which the hearing may be adjourned, the Tribunal will hear and decide the application ex-parte.

Rule 19 Procedure in case of non-appearance of parties

(1) If on the date fixed for hearing or any other subsequent day to which the hearing may be adjourned the applicant does not appear either in person or through his agent or lawyer when the application is called for hearing, the Tribunal may dismiss the application or may decide it on merits after hearing the respondent or his agent or lawyer, if present.

(2) If on the date fixed for hearing or on any other subsequent day to which the hearing may be adjourned the opponent, does not appear in person or through his agent or lawyer when the application is called for hearing, the Tribunal may decide the same on merits, after hearing the applicant or his agent or lawyer.

(3) If there be doubt as to whether a party has been served with notice issued under Rule 18, the Tribunal may decide the application without issuing a fresh notice.

(a) if the said party be the applicant, or one of the applicants and if the Tribunal is of the opinion that the application should be wholly allowed, or

(b) if the said party be opponent, or one of the opponents, and if the Tribunal is of the opinion that the application should be wholly dismissed or rejected.

Rule 20 Restoration of application

If any of the parties was absent on the date of the hearing, either preliminary or final, and the application was heard and decided ex-parte, the party concerned may apply for restoration of the application to its file and if the party satisfies the Tribunal that it had no notice of the date of the hearing or that it was prevented by sufficient cause from appearing when the application was called for hearing, the Tribunal may restore the application to its file, provided that where the other party had appeared in the application, such party shall be given notice and an opportunity of being heard before the order for restoration of the application is made.

Rule 21 Period of limitation for restoration of application

(1) An application for restoration of an application made under Rule 20 shall be filed within 30 days from the date of the receipt of the order deciding the application ex-parte and, shall be accompanied by --

(a) a certified copy of the Tribunal's order ;

(b) the decision or order (either in original or a certified copy thereof) in respect of which application sought to be restored is made;

(c) where the decision or order referred to in clause (b) is made in appeal against any decision or order the last mentioned decision or order either in original or a certified copy thereof;

(d) as many copies of the restoration application as there are opponents.

(2) The Tribunal may for sufficient reasons admit an application for restoration of application to file, notwithstanding that such application is made after the expiry of the period of limitation prescribed under sub-rule (1).

Rule 22 Fresh evidence

(1) No party to an application shall be entitled to adduce fresh evidence whether oral or documentary, before the tribunal. The Tribunal may accept documents tendered by a party or call for them, if it is of the opinion that they are necessary fordeciding the application, provided that the other party shall in that case be entitled to produce rebutting evidence.

(2) A party desiring to produce such documents shall file three copies of such documents and shall serve a fourth copy thereof on the opposite party.

(3) The Tribunal may direct the Collector or any authority concerned against whose order an application is made to make such further investigation or to take additional evidence directly or through any subordinates as it may think necessary.

(4) Where fresh evidence has been adduced under sub-rule (1) or a further investigation is made or additional evidence is taken under sub-rule (3), the parties may, if they so desire, address the Tribunal on points arising out of the fresh or additional evidence or further investigation.

Rule 23 Adjournment

11.This is added by R.D.Notification No.MRT 2259/64059-B, dated 28.11.60 M.G.G.Pt.IV-B, p. 362, dt.8.12.60 [Subject to the provisions of sub-rule (4) of Rule 47, the tribunal on receipt of an application] for adjournment giving the grounds therefore may, for sufficient reasons, adjourn at any stage the hearing of an application on such terms as it thinks fit:

Provided that the hearing may also, for sufficient reasons, be adjourned suo motu by the Tribunal, or the President, on such terms, as may be deemed fit.

Rule 24 Procedure in case of death of one of the applicants or sole applicant

If an applicant dies while the application is pending and it cannot be proceeded with unless his legal representative is made a party to the application, the Tribunal shall adjourn further proceedings to enable his legal representative to appear and apply for being made a party. If the legal representative fails to do so within 90 days from the date on which the applicant died the application shall abate as regards the deceased and if he be the sole applicant, the application shall be dismissed; and if there are more than one applicants it shall be proceeded with as regards the remaining applicants.

Rule 25 Procedure in case of death of one of several opponents or sole opponent

If an opponent dies while the application is pending, and it cannot be proceeded with unless his legal representative is made a party to the application, the applicant shall apply to the Tribunal for making the legal representative of such opponent a party to the application within 90 days from the date on which the Opponent died. If the applicant fails to do so, the application shall abate as regards the deceased. If the deceased be the sole opponent, the application shall be dismissed; and if there are more than one opponents it shall be proceeded with as regards the remaining opponents.

Rule 26 No abatement by reason of death after hearing

Notwithstanding anything contained in rales 24 and 25, there shall be no abatement by reason of the death of any party, between the conclusion of the hearing and the passing of the order of the Tribunal; but the order may in such case be passed notwithstanding the death and shall have the same force and effect as if it has been made before the death took place. No legal representative need be made party in such case.

Rule 27 Determination of legal representative

If a question arises in any application, whether a person is or is not the legal representative of a deceased party, such question may be determined by the Tribunal in a summary way after taking evidences, if necessary.

Rule 28 When abatement or dismissal under rule 24 or 25 may be set aside

Where an application has abated or has been dismissed under Rule 24 or RULE 25 the applicant or a person claiming to be the legal representative of a deceased applicant, as the case may be, may apply within sixty days from the date of abatement or dismissal of the application, to have the abatement or dismissal set aside, and if it is proved to the satisfaction of the Tribunal that he was prevented by sufficient cause from applying within time, the abatement or dismissal shall be set aside by Tribunal and the application proceeded with:

Provided that an application under this rule may be admitted after the aforesaid period of 60 days from the date of abatement or dismissal, where the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period.

Rule 29 Power of Tribunal to determine issues of facts

In any application the Tribunal may, if the evidence on the record is sufficient, determine any issues of fact necessary for the disposal of the application, which has not been determined by the authority against whose order the said application has been made, or which has been wrongly determined by such authority 11.This is added by R.D.Notification No.MRT 2259/64059-B, dated 28.11.60 M.G.G.Pt.IV-B, p. 362, dt.8.12.60 [by reason of any such illegality, omission or defect as is referred to in Sub-Section (1) of Section 76 of the Act.

Rule 30 Hearing of applications by member or Bench

(1) The President shall have power to direct any single member to hear any application or any class of applications or to constitute Benches of two or more members of the Tribunal including himself for the hearing of such application or such class of applications.

(2) The member so directed or the Bench so constituted shall hear and dispose of applications allotted to him or it for hearing and disposal.

(3) The President may transfer any application allotted to such member or Bench to any other member or Bench for hearing and disposal.

(4) If applications other than those allotted or transferred to a single member for hearing and disposal under sub-rule (1) and (3) a single member shall not have any power to pass an order other than an order -

(a) admitting the application under sub-rule (3) of Rule 13.

(b) calling for record and proceedings under sub-rule, (4) of Rule 13;

(c) granting or rejecting the request for staying the execution of order under sub-rule (2) of rule 14;

(d) vacating or modifying the order staying the execution of order under sub-rule (2) of Rule 14;

(e) granting or rejecting a request for restoring application to file under Rule 20;

(f) of abatement or dismissal of the application under Rule 24 and RULE 25;

(g) determining the legal representative under Rule 27;

(h) setting aside the order of abatement or dismissal under Rule 28;

(i) on any other interlocutory application in relation to an application;

(j) rejecting or dismissing the application on the ground that -

11.Substituted by G.N. of 5.7.1965. [(i) the applicant has failed to cure the defects pointed out to him or his agent or, as the case may be, his lawyer within the period fixed under sub-rule (4) of Rule 11, or that the application has been refilled after the expiry of the period fixed under sub-rule (7) of that rule;]

(ii) the applicant has failed to pay the prescribed process fee under sub-rule (3) of Rule 47; or

(iii) the applicant withdraws or does not wish to prosecute or proceed with his application.

Rule 31 Pronouncement of decision

(1) When the hearing of an application is over, the Tribunal may pronounce its decision forthwith or may fix a date for the same. The Tribunal may also after pronouncing its decision fix a date for giving reasons therefore. Such date shall be notified on the notice board in the office of the Tribunal. On the date so fixed the decision signed by the members of the Bench which heard the application may be pronounced by any member of the said Bench.

(2) Every decision of the Tribunal shall be in writing and pronounced in open Court.

Rule 32 Procedure when members of Bench differ

(1) Where a bench consists of two members one of whom is the President and the members differ, the opinion of the President shall prevail;

(2) Where a Bench consists of more than two members and the members differ, the opinion of the majority shall prevail and when such a Bench is equally divided the opinion of the President, if he is one of the members, shall prevail;

(3) Where the President is not one of the members of the Bench and the members of the Bench are equally divided and are not able to come to a decision, the application shall be referred to the President, who may either decide it himself, or, if he is of the opinion that the application involves an important point of law, he may constitute a Special Bench consisting of himself and one or more members for deciding the same:

Provided that the powers of the President under sub-rules (1), (2) and (3) shall not be exercised by a designate member.

Rule 33 Signing of decisions

(1) Where the decision is unanimous it shall be signed by all the members.

(2) Where the decision is not unanimous it shall be signed by the members whose decision is to prevail under Rule 32. The dissenting member or members may also write his or their decision and record his or their opinion on the points on which he dissents or they dissent. If the dissenting member or members does not or do not write his or their decisions separately, he or they shall state below the decision, which prevails, that he or they dissents or dissent and sign an endorsement to that effect. Whether the dissenting member or members complies or comply with foregoing provisions or not, the decision which prevails under Rule 32 shall operate as the decision of the Tribunal.

Rule 34 Certain matters to be specified in decision

The Tribunal shall state at the end of its decision whether the application is dismissed, or allowed wholly or in part and mention the relief, if any, granted to the applicant and also award the costs, if any.

Rule 34A Intimation of decision

22.Ins. by G.N. of 5.7.1965. [As soon as may be after a decision is pronounced by the Tribunal, the Registrar shall arrange to give intimation thereof to the first applicant and the first opponent.


CHAPTER 5 Records, Inspection, Search and Copies

Rule 35 Records

The records of the Tribunal shall be kept in the custody of the Registrar.

Rule 36 Application for inspection

Any person who has a right to inspect a record under the provisions of the Evidence Act, 1872, or under any other law for the time being in force, or to obtain copies of any records of the Tribunal or extracts therefrom, shall make an application in writing to the Registrar, stating therein the purpose for which the said request is made. Such application shall be accompanied by inspection fee or, as the case may be, the copying fee provided for in Rule 39 to RULE 42.

Rule 36A Certification of copies of records of Tribunal

11.Ins. by G.N. of 1.4.1977

(1) Any person referred to in Rule 36 who is in possession of uncertified copies of any records of the Tribunal (not being decisions of the Tribunal) or of extracts therefrom may apply to the Registrar for certifying such copies to be true copies of the original. Every such application shall be accompanied by the comparing fee as provided for in Rule 40.

(2) If the Registrar is satisfied that the applicant is a person referred to Rule 36 and the copies in his possession are neatly typed on good paper and are true copies of the original, he may certify them to be true copies of the original.

Rule 37 Grant of Inspection

If the Registrar is satisfied that the application is in order and is accompanied by the necessary fee, he shall grant the application.

Rule 38 Procedure regarding grant of inspection

(1) When any application under Rule 36 is received the Registrar shall endorse on it the date on which it is received by him and pass an order thereon. If the application is granted, he shall also endorse on it -

(a) the date on which inspection of the records was allowed or copies thereof were given;

(b) the amount of the fees received from the applicant; and

(c) the name of the person in whose presence the inspection was allowed.

(2) Inspection of any records of the Tribunal shall not be allowed except in the presence of an official of the Tribunal appointed in that behalf by the Registrar.

Rule 39 Fees for inspection

The fee for inspection of record shall be Rs. 1 per case, per-day or part thereof on which such inspection was allowed and the fee shall be recovered in the form of court fee stamps.

Rule 40 Fees for copying and comparing

Subject to the provisions of Rule 44, the fees for copying and comparing a document, a copy of which is granted, shall be as follows :-

(a) Copying fees :- 25 paise for every 200 words or fraction thereof, and double this rate if the original is in a tabular form.

(b) Comparing fee :- Half the copying fees chargeable under clause (a) subject to the 22.Subs. by G.N. of 29.7.1963 [maximum] of] Re. 1 :

Provided that if a cyclostyled copy of the decision of the Tribunal is supplied, no comparing fees shall be charged.

Rule 41 Fees for search of document

When an application is made for inspection or for a copy of any records of the Tribunal or extracts therefrom and such application does not distinctly describe the number, date and nature of the document of which inspection or a copy is required, or if the description of such document given in the application is incorrect and it consequently becomes necessary to search the records to find it, a search fee of Rs. 5 in the form of court fee stamps for every day or part thereof on which such search is made shall be payable, whether after examination of the document by the Registrar the application for inspection of copy if granted or not.

Rule 42 Fees to be paid in advance

The fees prescribed for furnishing a copy of a document shallbe calculated in advance and shall also be paid in cash or sent by a money order in advance:

Provided that if the fees cannot be calculated in advance, a sum ef not less than Rs. 10 shall be deposited by the applicant before a copy of any document is furnished to him.

Rule 43 Exemption to (Special) Government Pleaders from payment of fees under the rules

(1) The (Special) Government Pleaders, attached to the Tribunal may take inspection and search and obtain copies of documents from the records relating to cases, in which they act or appear, without payment of fees prescribed under Rule 39 to RULE 41.

Rule 44 Copies of decision

A certified copy of the final decision passed by the Tribunal on any application [shall be supplied] free of cost by the Registrar as soon as practicable to

(a) any applicant or opponent, on application;

(b) the Collector or other authority concerned] and when so directed by the President to -

(i) any or all members of the Tribunal;

(ii) the Commissioner of the Division concerned; and

(iii) the Secretary to Government of Bombay, Revenue Department:

Provided that additional copies of the final decision of the Tribunal if asked for by the parties to the proceedings shall not be supplied except on payment of the fees prescribed under Rule 40:

[Provided further that, no such certified copy shall be sent by post, unless the applicant or opponent pays a fee of one rupee in the form of court-fee stamps]

Rule 45 Documents to be returned to parties

The certified or original copies of documents filed with the application shall ordinarily be returned to the party concerned. No such copies shall be returned by post unless the party pays a fee of one rupee in the form of court-fee stamps.


CHAPTER 6 Service of Notice and process fees

Rule 46 Service of notices

(1) The notices issued to any party by or under the authority of the Tribunal under these rules shall be served by any of the following methods, namely:-

(i) by personal delivery of a copy of the notice to the addressee or his agent or lawyer.

(ii) by registered post.

(2) Where the Tribunal of the President is satisfied that there is reason to believe that notice cannot be served in the manner provided in sub-rule (1), the Tribunal or the President shall order the notice to be served.

(a) by the applicant or the person interested;

(b) through the Mamlatdar, Mahalkari or Tahsildar;

(c) by affixing a copy thereof on the notice board in the office or, as the case may be sub-office of the Tribunal, a second copy at the Chavdi or Chora of the village in which the addressee is known to have last resided or carried on business or personally worked for gain and a third copy at some conspicuous part of the house, if any, in which such addressee is known to have last resided or carried on business or personally worked for gain; or

(d) by publishing the notice in a newspaper which has circulation in the locality.

(3) when service is made by post, the service shall be deemed to have been effected by properly addressing, prepaying and posting by registered post, the notice and, unless the contrary is proved, the service shall be deemed to have been effected at the time at which the notice would be delivered in the ordinary course of postal business.

(4) If the Tribunal permits the applicant to serve the notice upon the interested person, the notice shall be deemed to have been served if the applicant produce satisfactory documentary evidence of such service duly attested by the village officer of the village in which the person on whom the notice is served ordinarily resides or is available.

(5)

(a) If the Tribunal directs that a notice shall be sent for service to the Mamlatdar or Mahalkari of the Taluka or Mahal or Tahsildar of a Tahsil within whose jurisdiction the party to be served resides, such Mamlatdar, Mahalkari or, as the case may be, the Tahsildar shall have the notice or a copy thereof served through the village officer with the least possible delay.

(b) Where the officer serving such notice delivers or tenders the notice or a copy thereof to the addressee or his agent or lawyer, he shall require the signature of the person to whom the said notice or copy if so delivered or tendered to be made thereon as acknowledgment of service, and he shall return such notice or copy to the Mamlatdar, Mahalkari or, as the case may be, the Tahsildar with an endorsement stating the time when, and the manner in which such notice or copy was served and the name and address of the person if any, identifying the person served and witnessing the delivery or tender of the notice. The Mamlatdar, the Mahalkari, or as the case may be, the Tahsildar shall thereupon, with the least possible delay, return the said notice or copy along with the said endorsement of the officer concerned, to the Registrar.

(6) When the notice is served by affixing copies thereof in accordance with sub-rule (2)(c), the officers serving it shall return the original to the Mamlatdar, Mahalkari or as the case may be, the Tahsildar or to the Registrar with a report endorsed thereon or annexed thereto, stating that he so affixed a copy, the circumstances under which he did so and the name and address of the person by whom the addressee's place of residence or business, present or past, was identified and in whose presence the copy was affixed. In case the notice, along with such report, is received by the Mamlatdar or Mahalkari or Tahsildar such officer shall, with the lest possible delay, return such notice and report to the Registrar.

(7) When a notice is served under this rule -

(a) the signature purporting to be that of the person served;

(b) any endorsement purporting to have been made by postal officer such as refusal to accept or the person concerned not being found or known; or.

(c) any endorsement purporting to have been made by a revenue officer regarding service or substituted service;

(8) If it appears to the Registrar that a notice has been served in accordance with this rule he shall make an endorsement to that effect. If the Tribunal is satisfied, either from the record or by taking such evidence as it deems necessary, that the notice has not been properly served; it may direct the issue of a fresh notice.

(9) The provisions of this rule shall apply to the service of any other process issued by or under the authority of the Tribunal.

Rule 47 Process fee

(1) When an application is admitted under sub-rule (3) of Rule 13 or orders are passed for calling for record and proceedings of the application, the applicant shall be served with a notice to pay 11.Subs. by G.N. of 5.7.1965. [process fee as provided in sub-rule (1A)] in the form of Court fee stamps to the Registrar within 10 days of the date of the receipt of the notice.

22.Ins. by G.N. of 5.7.1965 [(1-A) The process fee payable under sub-rule (1) shall be as follows, that is to say -

(a) where the opponent is one or where the opponents are more than one but they are represented by one agent or lawyer. Re. 1

(b) where the opponents are more than one, and each is represented by a separate agent or lawyer.

(i) for the first opponent

Re. 1

(ii) for the second, third and fourth opponent

50 paise each

(iii) for the remaining opponents

25 paise each

(2) If the Tribunal finds that the notice is not likely to be served in the ordinary way mentioned in sub-rule (1) of rule 46 on account of incorrect address given to the applicant or any other reason whatsoever an additional process fee not exceeding Rs. 3 shall be charged and the applicant shall be served with a notice to pay such fee in the form of Court fee stamps to the Registrar within ten days of the date of receipt of the notice.

(3) If the applicant fails to pay the process fee within the prescribed period the application shall be liable to be dismissed.

Rule 48 Exemption to Government from payment of process fee

When Government is the applicant in a case, the provisions of Rule 47 shall not apply to it.


CHAPTER 7 Miscellaneous

Rule 49 Agent and Lawyer required to have proper authority to present application, etc

No agent or lawyer shall present an application or appear or act for any party in any application made to the Tribunal unless he has been appointed for the purpose by such party by a document in writing signed by such party or by his recognised agent or by some person duly authorised by or under a power of attorney to make such appointment. Every such document shall bear the necessary court fee stamp and contain full address of the agent or lawyer and shall be produced before the Tribunal.

Rule 50 Functions of the Registrar

Registrar shall exercise such functions as are assigned to him by these rules or by the President.

Rule 51 Functions of Deputy Registrar and members of the office staff

The Deputy Registrar and the officers or members of the office staff shall perform such functions as are assigned to them by the President or, with the permission of the President, by the Registrar.

Rule 52 Seal of Tribunal

The Tribunal shall have an official seal of its own, which shall be kept in the custody of the Registrar.

Rule 53 All writs, etc., to be signed and sealed

Every writ, summons, notice or other process and every order or decision or certified copy of any document shall be signed by the Registrar with the day and year of signing and shall be sealed with the official seal of the Tribunal.

Rule 54 Performance of duties during President's absence from headquarters

The President may empower any of the members to perform any of the duties to be performed by him under these rules during his absence from the headquarters.

Rule 55 Power of Tribunal to appoint guardians in certain cases

Where in an application filed before the Tribunal the opponent is a minor or lunatic for whom no guardian has been appointed, then the Tribunal may, before proceeding with the application, appoint any officer of the Tribunal or any person if he is willing, to act as a guardian for the minor or lunatic for the purposes of the application and it shall be lawful for such officer or person so appointed, to take inspection, search or obtain copies of any documents in the record of such application without payment of fees prescribed by these rules.

Rule 56 Performance of duties during designated member's absence

The President may authorize a designated member to empower any other member directed to work at a place outside Greater Bombay to perform any of the duties entrusted to him by the President during his absence from such place.

Rule 57 Tribunal to follow provisions of Code of Civil Procedure in matters not provided for in these rules

The Tribunal shall, in any matter not provided for in these rules, follow, as far as possible the procedure, as far as it is applicable, laid down in the Code of Civil Procedure, 1908.


APPENDIX A The Bombay Revenue Tribunal. Bombay Register of Revision Applications

FORM (See rule 12)

FORM "A"

(See rule 12)

The Bombay Revenue Tribunal. Bombay Register of Revision Applications

Sr.No. Name and address of Applicant Name and address of Opponent No. and date of order sought to be revised, and the authority passing the same Date of filing the Revision Application 1 2 3 4 5 . . . . .

FORM A

Date of preliminary hearing Result of preliminary hearing or date of admission Date of final Hearing Result of final hearing Date on which the file sent to Record Section 6 7 8 9 10 . . . . .

FORM A

Number allotted to the file by the Record Section No. of review application, if any Number of restoration application if any Remarks 11 12 13 14 . . . .


APPENDIX B Bombay Revenue Tribunal, Bombay Register of Restoration Applications

FORM (See rule 12)

Lease of land granted for cultivation of sugarcane or the growing of fruits or flowers of for the breeding of livestock referred to in Section 43A(1)(b) to which the provisions of Section 43A(1) apply.

Sec.43A(3) of the B.T. & A.L.Act, 1948 - No.T.N.C.5157/173483-M. In exercise of the powers conferred by Sub-Section (3) of Section 43-A, of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom LXVII of 1948), the Government of Bombay hereby directs that the leases of land referred to in clause (b) of Sub-Section (1) of the said Sec.43A and to which the provisions of Sub-Section (1) of said Section 43-A apply shall be subject to the following conditions namely:-

Conditions as to the duration and termination of lease

1. No such lease of land shall be liable to be terminated on the ground that the period fixed by agreement or usage for its duration has expired.

2. If a lesser bona fide requires any land so leased by him for cultivating it personally or for any non-agricultural use, such lease may, subject to the conditions mentioned in Secs.31-A, 31-B, 31-C and 31-D be terminated by the lessor by giving the lessee [a month's] notice in writing stating therein the reasons for the termination of the lease:

[Provided that, if the holding of a lessor does not exceed one economic holding and such lessor earns his livelihood principally by agriculture or by agricultural labour, the conditions mentioned in Sec.31-A and 31-B shall not apply but the lessor's right to resume land shall be subject to the conditions mentioned in clauses (b) and (c) of Sub-Section (5) of Section 33-B, with this modification that clause (c) of the said Sub-Section (5) shall be read as if for the words "the commencement date" appearing therein the words, letters, figures and brackets "the date of Government Notification, Revenue and Forests Department, No.TNC.6769/9667-M, Spl dated the 8th October, 1969" were substituted.]

3. If a lessee commits any of the defaults mentioned in clause (a) of Sub-Section (1) of Section 14 in relation to such lease of land, the lease may be terminated by the lessor by giving the lessee three month's notice in writing stating therein the reasons for such termination.

[3-A. The lessor in whose favour an order for possession of land is passed under condition 2, or as the case may be, condition 3, shall be given possession of the land not earlier than 60 days after the close of the year in which the order for possession is made.]

Conditions as to Purchase of Land by Lessee

4. The lessee shall be entitled to purchase -

..(a) the land held by him under such lease to the extent of four acres, if the lessee does not hold any land as owner; and

.. (b) so much of such land not exceeding four acres as will be sufficient to raise his total holding to the extent of the ceiling area, if he holds any land as owner below the ceiling area.

..Explanation:- For the purpose of this condition, land deemed to have been purchased by the lessee under Section 32 shall be treated as land owned by him.

5. (1) The lessee may at any time exercise his right to purchase land under clause 4

(a)by making an offer in writing in that behalf to the lessor and stating therein the price at which he intends to purchase the land; and

(b)where the lessor refuses or fails to accept the offer and to execute a sale-deed within three months from the date of the offer, then by making an application in writing to the Mamlatdar stating that he intends to purchase the land and that his offer to purchase the land at the price specified in the offer was not accepted by the lessee.

(2)On receipt of such application, if the Mamlatdar, after holding an inquiry and giving an opportunity to the lessee and the lessor to be heard, is satisfied that the lessee has adequate financial and other resources to continue to cultivate the land for the purpose of growing flowers or fruits, as the case may be, he shall, having regard to the factors mentioned in Sub-Section(3) of Section 63A, determine the reasonable price of land. If the Mamlatdar is not so satisfied, he shall reject the application.

(3)The Mamlatdar shall determine the reasonable price, after giving a notice in that behalf to the lessor and all other persons interested in the land and after taking into consideration the suggestions and objections, if any, submitted by them.

(4)On determining the reasonable price, the Mamlatdar shall by notice require the lessee to deposit with him the amount of the reasonable price within one year from the date of the receipt of the notice.

(5)If the lessee deposits the entire amount of the price in accordance with such notice, the Mamlatdar shall issue a certificate in the Form specified in the Schedule hereto, to the lessee declaring him to be the purchaser of the land and shall direct that the amount so deposited be paid to the lessor.

(6)The certificate so issued shall be conclusive evidence of the sale as against the lessor and all the persons interested in the land.

(7)If the lessee fails to pay the entire amount of the price within a period of one year as aforesaid, the purchase shall be ineffective and the part of such amount, if any, deposited by lessee shall be refunded to him.

(8)The liability of the lessee to pay rent due in respect of such land under the lease shall continue until he deposits the entire amount of the price with the Mamlatdar.

6. (1) When a lessor intends to sell the lands so leased he shall apply to the Mamlatdar for determining the reasonable price thereof. The Mamlatdar shall thereupon if the land proposed to be sold to the permanent tenant is in his possession fix the price at ten times the annual rent and in any other case having regard to the factors mentioned in Sub-Section (3) of Section 63A, determine the reasonable price of the land including any structures, wells, embankments, permanent fixtures and trees planted on the land. The Mamlatdar shall also direct that the price shall be payable either in lump sum or in annual instalments not exceeding ten carrying simple interest at 5 per cent per annum.

(2)On determination of the reasonable price, the lessor may make an offer to sell the land (notwithstanding the fact that such land is a fragment), to the lessee in actual possession of the land at the price so determined by the Mamlatdar.

(3)If the lessee accepts the offer, the lessor shall call upon the lessee by a notice in writing to pay him the amount of the reasonable price determined by the Mamlatdar or deposit the sum or the instalment thereof with the Mamlatdar within one month or such further period as the lessor may consider reasonable from the date of receipt of the notice by the lessee.

(4)If the lessee fails to pay the reasonable price to the landlord or to deposit the same with the Mamlatdar within the period referred to in clause (3), he shall be deemed to be not willing to purchase the land, and the lessor may then sell the land to any other person who is an agriculturist cultivating personally land less than the ceiling area or is an agricultural labourer or to any other person with the previous permission of the Collector.

(5)If the lessee refuses or fails to purchase the land offered to him and the land is sold to any other person, the lessor shall be entitled to evict the lessee and put the purchaser in possession.

(6)Any such sale made in contravention of the provisions of these conditions shall be invalid.


SCHEDULE 1 FORM OF CERTIFICATE

SCHEDULE SCHEDULE FORM OF CERTIFICATE

.Whereas_______________is holding on lease the land specified below from the lessor Shri _____________ and whereas under the provisions of condition 6 of the conditions made by the Government of Bombay under Section 43A(3) of the Bombay Tenancy and Agricultural Lands Act, 1948 and published under Government Notification, Revenue Department No.______________ dated ___________ 1957, the __________ was required to deposit and has deposited Rs._____________(in words)_____________as the price of the said land it is herby certified that the said____________shall be deemed to be the purchaser of the said land under provisions of the said notification.

Description of the land.

District

Taluka

Village S.No.

Pot Hissa No.

Area

Amount

.

.

.

.

A.g.

Rs. Ps.

.

.

.

.

.

.

.Date_______________19 Mamlatdar of_______________

Schedule

District

Taluka

Name of village

Survey No.

.

.

.

.

.

A.

G.

Nasik

Niphad

Pimpalas

15/2

0

17

.

.

.

17/1+2+3+4+5+6+7+8+9

14

18

.

.

.

18/1+2+3A+3B+4A+4B+

12

02

.

.

.

4C+4D+4E

0

13(P.K.)

.

.

.

19

11

30

.

.

.

.

0

10(P.K.)

.

.

.

20

13

00

.

.

.

.

0

08(P.K.)

District

Taluka

Name of village

Survey No.

.

. .

.

.

.

A.

G.

. .

.

.

21/1+2+3+4+5+6

12

20

.

.

.

0

08(P.K.

.

.

.

22/1+2B+1B+4

13

15

.

.

.

.

0

13(P.K.)

.

.

.

23

17

30

.

.

.

.

0

08(P.K.)

.

.

.

24/1A+2+3+4+5

18

15

.

.

.

25

10

08

.

.

.

26/1+2+3+4+5+6

12

10

. .

..

..

27/1+2+3+4+5+6+7A+7B

22

19

. .

..

..

28/1A+1B+2+3+4+5+6

21

12

..

..

..

+7+8+9+10+11+12

.

.

. .

..

..

+13+14+15+16+17+18

.

.

. .

..

30/1+2+3A+3B1+3B2

11

20

. .

..

. .

+3+4+5

0

21(P.K.)

...

..

..

59/2

3

38

.

.

Pimpri

185

17

03

.

.

.

.

0

07(P.K.)

.

.

.

186/2A

4

05

186/2B

4

05

.

.

.

189/1A+2B+2

7

01

..

. .

. .

189/3

3

03

.

.

.

189/5

2

23

.

.

.

278/1

0

30

.

.

.

278/2

0

25

.

.

.

278/3

1

01

.

.

.

278/4

0

14

.

.

.

278/5

0

14

.

278/6

0

19

BOMBAY
TENANCY AND AGRICULTURAL LANDS RULES, 1956

BOMBAY
TENANCY AND AGRICULTURAL LANDS RULES, 1956


Rule 1 Short title

These rules may be called the BOMBAY TENANCY AND AGRICULTURAL LANDS RULES, 1956


Rule 2 Definitions

In these rules, unless there is anything repugnant in the subject or context, -

(a) "Act" means the Bombay Tenancy and Agricultural Lands Act, 1948;

(b)"Form" means a form appended to these rules;

(c) "Section" means a section of the Act;

(d) words and expressions used but not defined in these rules shall have the meanings assigned to them in the Act.


Rule 3 Other allied pursuits

In addition to the pursuits specified in clause (2A) of Section 2, the following shall be the allied pursuits for the purpuses of the Act.

(i) Wool-making;

(ii) Oil-pressing by ghanis by human or animal agency;

(iii) Rope-making;

(iv) Hand-spinning of yarn or hand weaving of cloth or both;

(v) Gur-making.


Rule 4 Variation of ceiling area, economic holding or their basis

For the purpose of varying the acreage of the ceiling area or economic holding, or the basis of their determination under Section 7, in addition to the factors mentioned in that Section regard shall be had to the following additional factors, namely :-

(i) Climate and rainfall;

(ii) Standard of husbandry in the area.


Rule 5 Other factors to be taken into consideration for determination of rate of rent

For the purpose of fixing the rate of rent under Section 9, the Mamlatdar shall, in addition to the factors mentioned in Sub-Section (2) of that Section, have regard to the following additional factors, namely -

(i) the fact that the land is located in a backward area;

(ii) standard of husbandry.


Rule 6 Determination of the value of crop-share or produce

The value of the rent payable in crop share or produce of the land under Section 9 C shall be determined in the following manner, this is to say -

(1) the total yield of the land shall be determined on the basis of the rates estimated on either of the following, whichever may be lower :-

(a) the quantity of the average yield per acre of that crop as notified by the Mamlatdar on the basis of actual crop cutting experiments undertaken by the revenue or agricultural department or by both in that year in or near that local area;

(b) the actual yield per acre agreed to by the landlord and the tenant.

(2) The crop share shall be computed on the basis of the total yield determined under clause (1) and the value of such crop share or the produce shall be calculated on the basis of the average market price for the months of January to March as recorded in Taluka Form XVIII-A given in the Manual of Revenue Accounts.


Rule 7 Penalty for the recovery of rent from a tenant In contravention of the provisions of Section 8, 9, 9A, 9C or 13

Any landlord who recovers rent from his tenant in contravention of the provisions of Section 8, 9, 9A, 9C or 13 shall be liable to pay such penalty to the extent of 10 times the excess amount of the rent recovered by the landlord from such tenant but not so as to be less than Rs.50, as the Mamlatdar may determine.


Rule 8 Value of one-sixth of the produce of the land

For the purpose of determining the amount which a tenant is entitled to deduct from the rent for any year on the ground that the aggregate amount referred to in Sub-Section (2) of Section 10A exceeds the value of one-sixth of the produce of the land in that year, the value of such one-sixth produce shall be determined in accordance with the provisions of Rule 6.


Rule 9 Manner of verifying surrender of tenancy

The MaMlatdar when verifying the surrender of a tenancy by a tenant in favour of the landlord under Section 15 shall satisfy himself, after such enquiry as he thinks fit, that the tenant understands the nature and consequences of the surrender and also that it is voluntary and shall endorse his findings in that behalf upon the instrument of surrender.


Rule 10 Forms of certificates under SectioNs 17 and 17B and fees therefore

(1) The certificate to be granted by the Tribunal under Sub-Section (3) of Section 17 shall be in Form I.

(2) The certificate to be issued by the Tribunal under Sub-Section (6) of Section 17B shall be in Form II.

(3) The certificate to be issued under Sub-Section (8) of Section 1713 shall in Form III.

(4) A fee calculated at the Rate specified in the Schedule appended to these rules shall he paid for a certificate issued under Sub-Section (3) of Section 17 or Sub-Section (6) of Section 1713.


Rule 11 Record of Rights relating to house sites and the sites of structure used for allied pursuits

The record of rights relating to the sites and houses or structures thereon in villages shall contain the following particulars :-

(i) The name of the owner;

(ii) The name of the tenant, if any;

(iii) Rent payable;

(iv) Approximate area of the site;

(v) Survey Number;

(vi) Pot-Hissa Number;

(vii) Boundaries.


Rule 12 Application for adjudication of right to produce of trees naturally growing on land or apportionment of such produce

An application under Sub-Section (2) of Section 20 for an adjudication of the right to the prcluce of trees naturally growing on the land or the apportionment of such produce shall be made in Form IV.


Rule 13 Receipt for the rent

A receipt given under Sub-Section (2) of Section 26 for the amount of rent received in respect of any land shall be in Form V. The receipt shall be given in the regional language of the locality and the counterfoil of such receipt shall be signed by the tenant or his authorised agent in as knowledgement of. the correctness of the counterfoil and receipt of the copy.


Rule 14 Application for possession of land or dwelling house or a site used for allied pursits

An application for possession of land or dwelling house or a site used for an allied pursuit under Sub- Section (1) or (2) of Section 29 shall be made in Form VI.


Rule 14A Procedure for disposal of application for possession of land under Section 29(3-A)

11. This was inserted by G.N.K.D.No.TNC 5864/89447-M, dated 9'h May, 1965 On receipt of an application under Sub-Section (3-A) of Section 29 the Collector shall issue a notice to the tenant and the landlord specifying therein the time, date and place at which he proposes to inquire into the application. On the day so appointed or any other day to which the enquiry may be adjourned by him, the Collector shall, after hearing the parties and after taking such further evidence as he may consider necessary, pass such order on the application as he deems necessary.]


Rule 15 Manner of apportioning rent on termination of tenancy in respect of part of land leased

(1) After the tenancy of a part of land leased to a tenant is terminated by a landlord under Sub-Section (2) or (3) of Section 31 22. These words, figures and letters were inserted by M.G..R.D. Notifn No.TNC.5S6/89447-M, dt.9.5.61; M.G.G.. Pt.lV-B p. 468,dt.l8.5.6l. [(or Section 33B)] and the possession of the land is obtained by him after obtaining an order of Mamlatdar under Sub-Section (2) of Section 29, the rent for the area remaining with the tenant will be determined in the following manner-

(a) The rent shall be calculated at the rate fixed by the Mamlatdar under Section 9 for the village in which the land is situate for the class oif land to which such area belongs.

(b) If the Mamlatdar has not fixed the rate of rent under Section 9 and the landlord and the tenant do not agree as to the amount of the rent to be paid for such area the landlord shall make an application in Form VII to the Mamlatdar for the apportionment of the rent.

(2) On receipt of an application under sub-rule (1) the Mamlatdar shall issue a notice to the tenant and after holding an enquiry fix the rent of the area of the land left with the tenant after taking into consideration the following factors, namely:-

(a) the total area and kind of the land held by a tenant before the termination of his tenancy of a part of such land and the rent paid by him therefor;

(b) the profits of agriculture of similar lands in the locality;

(c) the prices, in the locality, of the particular crop for the growing of which the land is leased;

(d) the improvements made in the land by the tenant or the landlord.


Rule 16 Manner in which tenant to exercise choice under Section 32 C

A tenant, who is entitled under Section 32C to choose the area and location of the land to be purchased by him from different landlords, shall choose such area and location in such a manner that the pieces of land choosen by him and the land, if any, owned and cultivated by him personally:-

(a) form one compact block, or

(b) if they cannot form a compact block, are so situated that none of them is separated from another by a distance of more than five miles.


Rule 17 Notice to he given by the Tribunal after Tiller's Day and manner of recording statement of tenants

(1) The public notice to be given or caused to be given by the Tribunal under Section 32Ci shall be in Form VIII and shall be published in the village by beat of drum and by affixing a copy thereof in the chavdi of the village. (2) The Tribunal shall record the statement of the tenant under Sub-Section (2) of Section 32G on oath and in the language of the district. Such statement shall be read over or explained to the tenant and his signature taken on it.


Rule 17A Manner of satisfying whether tenant's consent to purchase price is voluntary

11. Rule 17-A was inserted by R.D.Notifn.No.TNC.5857/138821- M, dt. 13.11.57; B.G.G.Pt IV-B, p.2220, dt.21.11.57 In determining the purchase price under Section 32G in accordance with the price mutually agreed upon by the landlord and tenant, the Tribunal shall secure the presence of the tenant, and examine him, when the landlord or his agent is not present, on oath, by putting to him questions for ascertaining.

(1) whether the tenant is under any pecuniary obligation of the landlord;

(2) whether the landlord has made any adjustment with the tenant outside the agreement of the purchase price;

(3) whether the tenant has any objection to the agreed price;

(4) the financial position of the tenant;

(5) any other matter which the Tribunal thinks necessary to ascertain.]


Rule 18 Issue of certificate of purchase by Tribunal to tenant

The certificate to be issued by the Tribunal to a tenant under Section 32 M shall be in Form IX.


Rule 18A Issue of certificate of purchase by Tribunal under Section 32P(6)

22. This was inserted by G.N.R and F.D. No.TNC 5867/39543-M, dt. 17.5.1968 The certificate to be issued by the Tribunal to a purchaser under Sub-Section (6) of Section 32P shall in Form IX-A]


Rule 19 Reference by the Tribunal

(1) The reference to be made by the Tribunal under Sub- Section (3) of Section 32Q regarding any of the matters specified in the said Sub-Section shall contain the following particulars :-

(i) Survey number, Pot Hissa Number and other description of land;

(ii) Name of the tenant;

(iii) Name of the landlord;

(iv) Name of the holder of the encumbrance;

(v) Nature of the encumbrance;

(vi) Amount claimed by the holder of the encumbrance;

(vii) Brief description of the circumstances of the case;

(viii) The question of law regarding the validity of the encumbrance or the claim of the holder of encumbrance or the question regarding the amount due in respect of the encumbrance which is required to be decided by a judge.

(2) Such reference shall be signed by the Presiding Officer of the Tribunal.

(3) Where a reference is to be made to the Judge of the Presidency Small Causes Court, it shall be addressed to the Chief Judge of that Court.


Rule 20 Manner of giving intimation under Section 32F(1A) and 32 O(1A)

33. Rule 20 is substituted by R.D. Notif in.No.TNC. 5857/138821-M, dt.13.11.57 An intimation under Sub-Section (1A) of Section 32F or Sub-Section (1A) of Section 32-O shall be given in Form X by hand delivery or post.


Rule 21 Disposal of land by [Tribunal]

11. The word 'Tribunal' was substituted for Collector' by G.N., R.D., No.TNC 5861/4415-M, dated 9lh May 1961

(1) When the Tribunal directs the sale of any land under clause (c) of Sub-Section (2) Section 32-P, 22. This was substituted by G.N.R and F.D.No.5870/213079-M, dated 25th April 1972. [it] shall publish or cause to be published in the village in which the land is situated a public notice in Form XI stating therein - (i) survey number and other description of the land; (ii) the price fixed for the land under Sub-Section (5) of Section 32-P and requiring the persons who are included in clause (c) of Sub-Section (2) of Section 32-P to intimate to the 11. The word 'Tribunal' was substituted for Collector' by G.N., R.D., No.TNC 5861/4415-M, dated 9lh May 1961 [Tribunal], if it is satisfied that the person is eligible for such inclusion, are willing to accept the land. The notice shall be published in the village by beat of drum and also by affixing a copy of it in the chavdi.

(2)

(a) If only one person who is included in the priority list intimates to the 22. This was substituted by G.N.R and F.D.No.5870/213079-M, dated 25th April 1972. [Tribunal] his willingness to accept the land for the price fixed, the 22. This was substituted by G.N.R and F.D.No.5870/213079-M, dated 25th April 1972. [Tribunal], if 33. This was inserted by G.N.R.D.No.TNC.5860/21663-M, dated 22nd December 1964 [it] is satisfied that the person is eligible for such inclusion, shall after due notice to such person, fix under Sub-Section (5) of Section 32-P the instalments by which the price shall be payable and shall call upon such person by a notice in writing to pay the first instalment of the price within one month or such further period as 22. This was substituted by G.N.R and F.D.No.5870/213079-M, dated 25th April 1972. [it] may consider reasonable from the date of receipt of the notice by such person.

(b) If more than one person intimate to the 22. This was substituted by G.N.R and F.D.No.5870/213079-M, dated 25th April 1972. [Tribunal] their willingness to accept the land and are eligible for inclusion in the priority list, 33. This was inserted by G.N.R.D.No.TNC.5860/21663-M, dated 22nd December 1964 [it] shall, after giving due notice to the person having the highest priority in the "priority list", laid down in clause (c) of Sub-Section (2) of Section 32-P, fix the instalments by which the price shall be payable and shall call upon such person by a notice in writing to pay the amount of the first instalment within one month or such further period as 33. This was inserted by G.N.R.D.No.TNC.5860/21663-M, dated 22nd December 1964 [it] may consider reasonable from the date of receipt of notice by such person.

(c) Where more than one person having the highest priority in the priority list are willing to accept the land, the Tribunal shall give notice under clause (b) to such one of them who in 33. This was inserted by G.N.R.D.No.TNC.5860/21663-M, dated 22nd December 1964 [its] opinion is most suitable having regard to -

(i) the agricultural implements in the possession of such person,

(ii) other land cultivated by such person personally, if any,

(iii) the financial condition of such person, and

(iv) any other factor which may be relevant for ascertaining the capacity of such person to cultivate the land:

33. This was inserted by G.N.R.D.No.TNC.5860/21663-M, dated 22nd December 1964 [Provided that where the Tribunal is of opinion that more than one person is so suitable for giving notice under clause (b), the matter shall be decided by drawing lots in the following manner in respect of all such persons for disposal of land under this rule.

(i) prepare as many identical slips of paper as there are such suitable persons;

(ii) write the name of each person on a separate slip on one side and fold all such slips in identical manner so as to completely enclose the name written thereon;

(iii) place all the slips in any empty box of a suitable size, and thoroughly mix them by shaking the box];

(iv) ask one of such persons or any other person who may be present to draw from the box with his hand but without looking at the box one of the folded slips in the box.]


Rule 21A Manner of giving intimation under Section 33C(4)

11. Rule 21A is inserted vide R.D.Notifn No.TNC.5861/4415-M, dt, 9.5.61 ; M.G.G. Pt IV-B p.468 dt.18.5.61 An intimation under Sub-Section

(4) of Section 33C shall be given in Form XI-A by hand delivery or by post].


Rule 22 Application for exchange of tenancies

An application for exchange of tenancies in respect of the land held by any tenant under Sub-Section (1) of Section 33 shall be in Form XII.


Rule 23 Terms and conditions for exchange of the lands

The terms and conditions for exchange for lands by tenants under Section 33 shall be as follows namely :-

(a) The land once exchanged shall not be allowed to be exchanged with the same land;

(b) the land to be exchanged should be adjacent to or at least within a radius of one mile form the land or lands held by the respective tenants as such tenants or as owner in the same or adjacent village;

(c) the tenants are not in arrears of land revenue assessment, local fund cess and irrigation cess, if they are liable to pay them under Section 10-A;

(d) the tenants are not in arrears of rent in respect of the lands to be exchanged;

(e) no proceedings have been started against the tenants by their landlords for ejecting them from the lands to be exchanged for breach of the provisions of Section 14 or 27 or under Sec. 31; and

(f) no amount on account of compensation shall be allowed by the Mamlatdar in sanctioning the exchange of the lands.


Rule 24 Certificate of exchange of land between tenants

The certificate sanctioning the exchange of lands between tenants to be issued by the Mamlatdar under Sub-Section (2) of Section 33 shall be In Form XIII.


Rule 24A Form of notice under Section 34(5)

22. Rules 24-A and 24-B arc inserted by R.D. Noti No.TNC.5857/13882l-M, dt. 13.11.57; B.G.G..PUV-B p. 2220, dt. 21.11.57 A notice to be issued by the Mamlatdar under Sub-Section (5) of Section 34 shall be in Form XIII-A]


Rule 24B (1) Period within which and manner in which particulars of land shall be furnished under Section 34A

33. Rules 24-A and 24-B arc inserted by R.D.Noti. No.TNC.5857/138821-M, dt. 13.11.57 B.G.G.Pt.lV-B p. 2220. dt.21.11.57

(1) The particulars of land under Section 34A shall be furnished before the 44. In rule 24-B( 1) these figures, letters and words are substituted for "30'h day of June 1958" vide R.D.Notifn.No.TNC.5858/111026-M, dt.24.7.58;B.G.G. Pt.lv-B, p.785, dt.31.7.58 [30lh day of September 1958] in Form XIII-B in duplicate.

(2) On receipt of the particulars of land, the Mamlatdar shall retain with him one copy of the particulars and return the duplicate copy to the person furnishing the particulars, after endorsing thereon tiis signature in token of having received the particulars and the date of receipt thereof.]


Rule 25 Application for determination of compensation for improvements made By tenants

An application for determination of compensation for improvements made on the land by a tenant under Sub-Section (1) of Section 41 shall be in Form XIV.


Rule 25A Circumstances in which and conditions subject to which sanction shall, be given by the Collector under Section 43 for transfer

11. Rule 25-A is inserted by M.G.R.D.Notifn No.TNC.5861/4415-M, dt.9.5.61; M.G.G.Pt.lV-B private property.468-69 dt. 18.5.61

(1) under Section 43, the. Collector may give sanction for transfer of land in any of the following circumstances, namely :-

(a) that the land is required for an agricultural purpose by industrial or commercial undertaking in connection with any industrial or commercial operations carried on by such undertaking;

(b) that the transfer is for the benefit of any educational or charitable institution;

(c) that the land is required by a co-operative farming society;

(d) that the land is being sold in execution of a decree of a civil Court or for the recovery of arrears of land revenue under the provisions of the Code;

(e) that the land is being sold bona flde for any one-agricultural puipose;

(f) that the land is being sold by a landowner on the ground that -

(i) he is permanently giving up the profession of agriculturist, or

(ii) he is permanently rendered incapable of cultivating the land personally;

(g) that the land is being gifted in favour of-

(i) the bodies or institutions mentioned in Section 88A and clauses (a) and (b) of Section 88B, or

(ii) a member of the landowner's family;

(h) that the land is being exchanged -

(i) with land of equal or nearly equal value owned and cultivated personally by a member of the same family, or

(ii) with land of equal or nearly equal value situate in the same village owned and cultivated personally by another landowner with a view to forming a compact block of his holding or with a view to having better management of the land:

Provided that the total land held and cultivated personally by any of the parties to the exchange whether as owner or tenant or partly as owner and partly as tenant does not exceed the ceiling area as a result of the exchange;

(i) that the land is being leased by a landowner who is a minor, or a widow, or a person subject to any physical or mental disability or a member of the armed forces or among the landowners holding the land jointly:

(j) that the land is being partitioned among the heirs or survivors of the deceased landowner.

22. ThiswasaddcdbyG.N.R.andF.D.No.TNC.57G6/151048-M(Spl)dated 18th June 1966. (k) that the land is being mortgaged in favour of a society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960, for raising a loan for paying the purchase price of such land;

11. This was added by G.N.R. and F.D.No.TNC 5766/112810-M(Spl), dated 13.7.1967, read with Govt. Corrigendum R and F.D. No.TNC.5766/112810-M(Spl), dated 19.8.1967 [(1) that the land is being transferred to a person who by reason acquisition of his land for any development project, has been displaced and requires to be resettled.]

(2)

(a) Where the sanction for sale of land is given in the circumstances specified in clause (a), (b), (c), (e) or (f) of sub-rule (1), it shall be subject to the condition of the landowner paying to the State Government a Nazrana equal to 40 times the assessment of the land;

(b) In the case of a partition sanctioned under clause (j) of sub-rule (1), it shall be subject to the condition that the area allotted to each sharer shall not be less than the unit specified by the State Government under clause (c) of Sub-Section (1) of Section 27].


Rule 25B Procedure for transfer for pending proceedings under Section 43(1-C)

22.This was inserted by G.N, R and F.D.No.TNC 5664/89447 M, dated 19.5.1965

(1) A landlord within meaning of Section 43 (1-A) whose application for recovery or restoration of possession of land filed under Section 31 or 33B was pending on the 19th day of October 1964 before the Mamlatdar or in appeal before the Collector or in revision before the Maharashtra Revenue Tribunal may make an application to the Mamlatdar, the Collector or as the case may be, the Tribunal for certifying that such proceedings have stood transferred to the Collector or as the case may be, the State Government under Section 43(1-C). Such application shall be made before the 31st day of December 1966.

(2) On receipt of application the Mamlatdar, Collector, or as the case may be, the Tribunal shall after issuing a notice to the tenant and the landlord and after holding such enquiry as may be deemed necessary, decide whether such pending proceedings stood transferred to the Collector or, as the case may be, the State Government under Section 43(1-C).

(3) Where no such application has been made by the landlord before the date specified in sub- rule (1), and the suo motu or on an application made by any person has reason to believe that any proceedings pending before him or it stood transferred from his or its file, under Section 43(1-C) he or it, shall after issuing a notice to the tenant and the landlord and after holding such inquiry as may be deemed necessary, decide whether such pending proceedings so stood transferred.

(4) If the Mamlatdar, Collector or Tribunal decides under sub-rule (2) or (3) that the pending proceedings stood transferred under Section 43 (1-C) he or as the case may be , it shall forward the proceedings pending with him or it to the Collector, or as the case may be, the State Government, for disposal.]


Rule 25C Manner of giving intimation under Sec.43-lD

33. This was inserted by G.N. Rand F.D. No.TNC 5684/89447 (a) - M, dt. 16.11.1965 (2) An intimation under Sub-Section (2) of Section 43(1-D) shall be given in Form XIV-A by hand delivery or by post.]


Rule 26 Approval of industrial or commercial undertakings

An industrial or cammercial undertaking which seeks approval under clause (a) of Sub-Section (1) of Section 43 A shall apply to the State Government through the Collector of the district in which the lands leased to it or for its benefit are situate. It shall state in its application the industrial or commercial operations carried on by it and give all other particulars qualifying it for approval. The Collector shall forward the application with his remarks to the State Government. If the State Government decides to grant the approval such approval shall be notified in the Official Gazette.


Rule 27 Approval of Co-operative Society by the State Government

The Co-operative Society which seeks approval under clauses (c) of Sub-Section(l) of Section 43 A shall apply to the State Government through the District Co-operative Officer. It shall state in its application the object for which the society is founded and give all other particulars qualifying it for approval. The District Co- operative officer shall forward the application with his remarks to the Collector of the district in which the lands held or leased by the Co-operative Society situate. The Collector shall forward the application with his remarks to the Registrar of Co-operative Societies, who shall forward it to the State Government after offering his remarks thereon. If the State Government decides to grant the approval such approval shall be notified in the official Gazette.


Rule 28 Application for determination of reasonable rent

An application to the Mamlatdar for determination of reasonable rent under Section 43 B shall be in Form XV.


Rule 29 Other factors to be taken into consideration for determining reasonable rent

In determining the reasonable rent in respect of any land under Section 43 B regard shall be had in addition to the factors mentioned in sub-clauses (a) to (f) of clause (3) of the said Section, to the following factors namely:-

(1) value of any service to contribution made by -

(a) the landlord towards the cultivation of a tenant's holding, such as production of crop, grant of seeds or manure,

(b) the tenant towards maintenance of, or repairs to, bunds; and

(2) the betterment charges payable or paid by the landlord in respect of the lands under the Bombay Irrigation Act, 1879.


Rule 30 Notice before the assumption of management of estate under Section 44

(1) Before a notification announcing the intention of the State Government to assume the management of any estate is published under Section 44, a notice shall be served on the landholder in the manner prescribed in the Code of the Civil Procedure, 1908, for the service of summons and a substance thereof shall be published at convenient places in the locality where the estate is situate.

(2) On the date specified in the notice or on the date to which the inquiry may be postponed, a formal inquiry in the manner prescribed by Bombay Land Revenue Code, 1897, shall be held by the Collector who shall record the statement of the landholder or any person acting on his behalf as regards the intention of Government to assume the management of the estate.

(3) The Collector shall forward the record and proceedings of the inquiry with his opinion thereon to State Government, which shall be taken into consideration before a notification is published in the manner prescribed by Section 44.


Rule 31 Determination of debts and liabilities by the manager

On the expiry of the period fixed under Section 49 read with proviso to Section 5.1 for notifying the claims against the estate under management, the manager shall appoint a day for holding an inquiry into the history and merits of every claim received by him. Notice of the date, time and place of the intended enquiry shall be given to every claimant and to the holder of the estate and shall also be published in the village chavdi where the property is situate. The manager shall then ascertain the nature and extent of all the claims received by him. In case of any dispute as to the fact of extent of debts and liabilities, he shall hold such further enquiry as may be necessary to determine the correct amount of such debts and liabilities due to several claimants.


Rule 32 Manner of notifying liquidation scheme sanctioned by the Collector

When the Collector sanctions the liquidation scheme under Section 56, he shall notify the fact of such sanction in one of the newspapers, having wide circulation in the area, selected by him and also by affixing a copy of the scheme in the regional language at the following place:-

(1) office of the Collector;

(2) office of the Mamlatdar or Mahalkari;

(3) office of the Manager;

(4) village chavdi where the property is situate.


Rule 33 Permission to sell an estate or part therof while under management

When a manager proposes to sell any estate or any part thereof under Section 58, he shall give notice to the landholder to show cause why the estate or a part thereof should not be sold. After hearing the landholder or any person acting on his behalf, the Manger shall submit a report to the Collector for his permission for the sale. Before giving the permission for sale the Collector shall also hear the landholder or any person acting on his behalf as to why the estate or the part thereof should not be sold.


Rule 34 Sale or lease of the estate under management or part thereof

The sale or lease of all or any part of the estate under Section 58 shall be made by the Manager by public auction, unless such a course is in his opinion unnecessary or inexpedient in view of the size and location of the estate or part of the estate or unless the sale or lease by private negotiation is in his opinion likely to be more advantageous. Any such sale shall be made by the Manager only if it appears to him that it is not otherwise possible to meet the cost of the management of the estate or if no adequate balance is left for the liquidation of the debts and liabilities of the estate.


Rule 35 Period for continuance of management of estate

(1) The Manager of an estate of which management has been assumed shall, before the 31st day of March following the year in which the management has been assumed send to the State Government a report regarding the management of the estate and shall state whether in his opinion it is necessary to continue the management for the purpose for which it was assumed.

11. Rule 35(2) and the proviso thereto is substituted - vide R.D.Notifn No.TNC.5858/98811-M, dt. 17.6.58; B.G.G.Pt.IV-B, p.623, dt.26.6.58. [(2) After taking into consideration the report of the Manager made under Sub-rule (1), the State Government shall decide whether the management should be terminated under Section 61 or continued further and if so, for what period, such period not being in excess of five years at a time.

(3) If the State Government decides to continue the management the Manager shall, from time to time, forward his report through the Collector and shall in any case submit a report not later than two months before the expiry of the current period of the management to enable Government to decide whether the management shall be terminated under Section 61 or shall further be continued:

Provided that if the management is to be continued beyond the expiry of ten years form the date on which it was assumed, the Collector shall hold a formal inquiry in the manner prescribed by the Bombay Land Revenue Code, 1879, and after recording the statement of the landlord or any person acting on his behalf, shall submit the record and proceedings of the inquiry and his report to the State Government, which shall be taken into consideration by the State Government before it decides to continue the management any further.]


Rule 36 Conditions on which permission for sale etc. of land under Section 63 may be granted

(1) The Collector or other officer authorised under the proviso to Sub-Section (1) of Section 63 shall not grant permission for the sale, gift, exchange, lease or mortgage of any land in favour of a person who is not either an agriculturist or an agricultural labourer or who, being an agriculturist, cultivates personally land not less than the ceiling area whether as owner or tenant or partly as owner and partly as tenant unless any of the following conditions are satisfied:-

(a) such a person bona fide requires the land for a non-agricultural purpose; or

(b) the land is required for the benefit of an industrial or commercial undertaking or an educational or charitable institution; or

(c) such land being mortgaged, the mortgagee has obtained from the Collector a certificate that he intends to take the profession of an agriculturist and agrees to cultivate the land personally; or

(d) the land is required by a Co-operative Society; or

(e) no agriculturist in the village in which the land is situated who holds lands less than the ceiling area or no agricultural labourer in such village is prepared to take the land on lease from the owner; or

(f) the land is required for cultivating it personally by a person. Who, not being an agriculturist, intends to take to the profession of agriculture and to whom the Collector after having regard to the order of property mentioned in clause (c) of Sub-Section (2) of Section 32P, has given a certificate that such person intends to take the profession of agriculture and is capable of cultivating land personally; or

(g) the owner of the land has complied with the provisions of Section 64; or

(h) such land is being sold -

(i) in execution of a decree of a Civil Court, or

(ii) for recovering arrears of land revenue or any sums recoverable as arrears of land revenue under the provisions of the Bombay Land Revenue Code, 1879, and no agricultural labourer or agriculturist holding land less than the ceiling area is prepared to bid at such sale; or

(i) such land is being given in gift whether by way or trust of otherwise, and such gift is made bonafide by the owner in favour of a member of his family.

[(2) Where permission is granted on any of the conditions specified in clauses (a), (b), (c) and (f) of sub-rule (1), such permission shall be subject to a further condition that the person in whose favour the sale, gift, exchange, lease or mortgage, as the case may be, of the land is made, shall use the land for the purpose for which the permission has been granted within one year from the date on which he takes possession of the land in accordance with the provisions of the Act.

(3) Where the Collector or any officer authorised by the State Government in that behalf under the proviso to Sub-Section (1) of Section 63 is satisfied that any such person, has, for the reasons beyond his control not been able to use the land for the purpose aforesaid within the period fixed under sub-rule (2), he may, for reasons to be recorded in writing and subject to the provisions of sub- rule (4), permit such person so as to use the land for such further period as he deems fit.

(4) Where by reason of granting further period under sub-rule (3), the aggregate period so allowed exceeds then years. The Collector or an officer authorised by the State Government in that behalf under proviso to Sub-Section (1) of Section 63 shall not allow any further period except with the prior approval in writing of the State Government.


Rule 37 Other factors to be considered for determination of reasonable price of land

For fixing the reasonable price of land under Section 63A, the Mamlatdar or Tribunal shall in addition to the factors mentioned in Sub-Section (3) of Section 63 A, take into consideration the factors prescribed by Rule 2911. In rule 37 these words were added at the end by R.D.Notifn.No.TNC 58581 103097-M, dt.5.12.58;B.G.G.Pt.IV-B,p.l472,dt.ll.12.58 [and also the tenure on which the land is held.]


Rule 38 Tenant to be party to application under Section 64

Where a landlord applies to the Tribunal under Sub-Section (1) of Section 64 for determining the reasonable price of land which he intends to sell, the tenant in the actual possession of the land shall be joined as party to the application.


Rule 39 Manner of making an offer for sale of land

(1) The offer for sale of land under Sub- Section (2) of Section 64 shall be made as follows, namely :-

(a) the landlord shall make an offer for sale of land to the tenant in actual possession thereof in Form XVI;

(b) the landlord shall simultaneously send to the Mamlatdar a public notice in the regional language signed by him in Form XVII;

(c) on receipt of the public notice, the Mamlatdar shall cause copies of the notice to be affixed to some conspicuous place on the land to be sold and to be exhibited at the village chavdi on a date to be fixed by the Mamlatdar and at other prominent places in the village in which the land is situate and intimate to the landlord the date on which the notice is exhibited at the village chavdi.

(d) the date so intimated by the Mamlatdar shall be deemed to be the date on which the offer for sale is received by the persons and bodies mentioned in the notice.

(2) The notice to be given by the landlord under Sub-Section (4) of Section 64 shall be in Form XVIII.


Rule 40 Manner of enquiry or determination of value of estate, land or interest which has been acquired

(1) After the publication of the notification under Sub-Section (2) of Section 66 regarding the acquisition of any estate, land or interest therein, the Collector shall give notice to the holder of the estate, land or interest, as the case may be, and to all persons, known or believed to be interested therein under Sub-Section (2) of Section 66 and shall call upon all such persons to state the nature of their respective interests in the estate or land which has been acquired and the amount and particulars. of their claims to compensation for such interest within two months from the date of the notice.

(2) All claims under sub-rule (1) shall be made to the Collector in writing with full particulars thereof and documents if any, as also names an addresses of witnesses to be summoned, if any, and shall be delivered within the period prescribed under sub-rule (1).

(3) The Collector shall then hold an inquiry after summoning the claimants and their witnesses, if any, and such other persons known or believed to have interest in the land or estate on a specified day.

(4) On receiving evidence and after taking into consideration the factors mentioned in Sub- Section (4) of Section 66 and the provisions of S.23 of the Land Acquisition Act, 1894, the Collector shall pass an order determining the value of the estate, land or interest, which has been acquired.


Rule 41 Application for construction of water course

An application under Section 66 A for the construction of a water course through the land belonging to a neighbouring holder shall be made in Form XIX.


Rule 42 Period for execution of agreement and the form of agreement

(1) After the Mamlatdar has passed an order under Sub-Section (2) of Section 66A directing the neighbouring holder to permit the applicant to construct water course, the applicant shall execute the agreement under clause (vi) of Sub-Section (2) of Section 66A within three months of the date of such order.

(2) Such agreement shall be in Form XX.


Rule 43 Applicant to supply more copies of applications

When an application under Section 71 is made, the applicant shall forward along with the original applications as many copies thereof as there are opponents to enable the Mamlatdar or the Tribunal to furnish to each opponent a copy of such application.


Rule 44 Other procedure to be followed by the Mamlatdar or Tribunal

In all matters which are not provided for in the Mamlatdar's Couits Act, 1906, the Mamlatdar or the Tribunal shall follow the procedure for holding formal enquiries under the Bombay Land Revenue Code, 1879.


Rule 44A Manner of making reference and calling for proceedings under Section 72B

(1) The reference under Sub-Section (1) of Section 72B shall be made by the Mamlatdar in Form XX-A.

(2) The communication calling for the proceedings of other applications under Sub-Section (2) of Section 72B shall be in Form XX-B.


Rule 44B Manner of making reference and calling for details of land under Section 72C

(1) The reference under Sub-Section (1) of Section 72C shall be made by the Tribunal in the Form XX-C.

(2) The communication calling for the details of land under Section 72C shall be in Form XX-D)


Rule 45 Form and manner of making appeal to the Collector

(1) Every appeal under Section 74 shall be made in the form of a petition addressed to the Collector and shall be drawn up in concise, intelligible and respectful language, and shall bear the signature or thumb mark of the applicant or of his duly authorised agent.

(2) Every such appeal shall specify the name and address of the appellant and shall clearly set out in brief and unexaggerated manner the grounds on which the appeal is made.

(3) Every such appeal shall either be presented to the Collector in person or be forwarded to him by registered post.

(4) Every such appeal shall be accompanied by the order of the Mamlatdar or Tribunal, as the case may be, against which the appeal is made. Either the original order or a certified copy thereof will do for the purpose.


Rule 46 Return of accompaniments to appeal to appellant

(1) Where an appeal under Section 74 has been disposed of, the original order of the Mamlatdar or Tribunal or the certified copy thereof, as the case may be, accompanying such appeal under sub-rule (4) or Rule 45, may be returned to the appellant, if the appellant applies to the Collector in that behalf within a period of sixty days from the date of the order of the Collector in appeal.

(2) The appellant shall give a receipt in writing for the order and certified copy, as the case may be, returned to him under sub-rule (1).


Rule 47 Court fees

(1) Every application made to Mamlatdar or Tribunal under the Act shall bear a Court-fee stamp of fifty paise and every memorandum of appeal or an application made to the Collector shall bear a Court-fee stamp of Rs. 2.

(2) Every appeal or revision application made to the 11. These words were substituted by G.N.R and F.D., No.TNC 5864/89447-M, dated 16'h November 1965. [Maharashtra Revenue Tribunal] under the Act shall bear a Court-fee stamp of Rs. 5

(3) Every application to the 22. These words were substituted by G.N.R. and F.D.No.TNC.5847/138821 -M, dated 13th November, 1957. [Maharashtra Revenue Tribunal] under the Act for the stay of the execution of any award or order against which an appeal or application is made shall bear a Court-fee stamp of 22. These words were substituted by G.N.R. and F.D.No.TNC.5847/138821 -M, dated 13th November, 1957. [sixty-five paise].

(4) Every application for review to the 11. These words were substituted by G.N.R and F.D., No.TNC 5864/89447-M, dated 16'h November 1965. [Maharashtra Revenue Tribunal] under the Act shall bear a Court-fee stamp of Rs.5.


Rule 48 Court-fees to be paid by members of Backward Class

Notwithstanding anything contained in Rule 47, when an application or appeal is made by a member of a Scheduled Caste specified in Part III of the Schedule to the Constitution (Scheduled Castes) Order, 1950 or of a Scheduled Tribe specified in Part III of the Schedule to the Constitution (Scheduled Tribes) Order, 1950, living in 33. These words were substituted by G.N.R. and F.D.No.TNC.5847/138821-M, dated 13th November, 1957 [a backward area], the value of the Court fee stamp payable shall be as follows:

(a) every application made to a Mamlatdar or Tribunal under the Act shall bear a Court-fee stamp of fifteen paise; and every memorandum of appeal or an application made to the Collector shall bear a Court-fee stamp of 33. These words were substituted by G.N.R. and F.D.No.TNC.5847/138821-M, dated 13th November, 1957 [fifty paise :

(b) every appeal or revision application made to the 11. These words were substituted by G.N.R and F.D., No.TNC 5864/89447-M, dated 16'h November 1965. [Maharashtra Revenue Tribunal] under the Act shall bear a Court-fee stamp of rupee one and twenty-five paise;

(c) every application to the 11. These words were substituted by G.N.R and F.D., No.TNC 5864/89447-M, dated 16'h November 1965. [Maharashtra Revenue Tribunal] under the Act for the stay of execution of the award or order against which an appeal or application is made shall bear a Court-fee stamp of fifteen paise; and

(d) every application for review to the 11. These words were substituted by G.N.R and F.D., No.TNC 5864/89447-M, dated 16'h November 1965. [Maharashtra Revenue tribunal] under the Act shall bear a Court-fee stamp of rupee one and 33. These words were substituted by G.N.R. and F.D.No.TNC.5847/138821-M, dated 13th November, 1957 [twenty-five paise].


Rule 49 Form of certificate under Sub-Section (2) of Section 84-A

A certificate to be issued under Sub-Section (2) of Section 84-A shall be in form XXI.


Rule 49A period of payment of penalty under Sub-Section (l)of Section 84-A

44. The rules was substituted by G.N.R. and F.D. No.TNC 5863/170059-M, dated 9.11.1964. The penalty referred to in Sub-Section (1) of Section 84-A shall for the purpose of Sub-Section (3) of that Section be paid on or before the 31st day of March 1965.]


Rule 50 Form of notice under Section 84-B(1)

A notice to be issued by the Mamlatdar under Sub-Section (1) of Section 84-B shall be in Form XXII.


Rule 50A Manner of sale of land under Sub-Section (3) of Section 84B

22. Rule 50A was inserted by R.D.Notifn.TNC 5857/138821-M, dt. 13.11.57. Where any land is to be disposed of by sale under Sub-Section (3) of Section 84 B, the Mamlatdar shall determine the price of the land in accordance with the provisions of Section 63A and the price so determined shall be payable either in lump sum within one year from such date, or in annual instalments not exceeding six, payable on or before such dates as the Mamlatdar may fix, with simple interest at 41/2 per cent per annum.]


Rule 51 Grant of land by the Mamlatdar

When the Mamlatdar grants land under Sub-Section (4) of Section 84-C he shall so far as may be, follow the same procedure as is prescribed under Rule 21.


Rule 51A Manner of giving intimation under Section 88(1) or 88B(1)

33. Rule 51A was inserted by R.D..Notifn No. TNC 5861/4415-M, dt.9.5.61; M.G.G. Pt.IV-B p.470 dt. 18.5.61 An intimation under the Second proviso to Sub-Section (1) of Section 88 or of Section 88B shall be given in Form XXII-A by hand delivery or by post.]


Rule 52 Procedure for grant of certificate by the Collector for the purpose of Section 88-B

44. Rule 52 was inserted by R.D.Notifm Nno.TNC.5857/138821-M, dt. 13.11.57

(1)A trustee in charge of a trust for an educational purpose, a hospital, Panjarapole, Gaushala or an institution for public religious worship claiming exemption under Sub-Section (1) of Section 88-B may make an application in writing to the Collector within whose jurisdiction all or most or the pieces of land belonging to the trust are situated for the grant of a certificate for the purpose of Section 88-B.

(2) The trustee shall state in his application -

(a) whether the trust is or is deemed to be registered under the Bombay Public Trusts Act, 1950.

(b) the purpose for which the trust is created, and

(c) the manner in which the income from the lands belonging to it is appropriated. He shall append to his application -

(i) the balance sheet certified by a registered auditor,

(ii) a list of the lands which are property of the trust,

(iii) certified copies of extracts of Record of Rights relating to the lands, and

(iv) such other documents in support of his request.

(3) On receipt of such application, the Collector shall hold an inquiry and if he is satisfied that the trust satisfies the conditions laid down in the proviso to Sub-Section (1) of Section 88-B shall issue a certificate to that effect in Form XXIII.]


Rule 53 Form of application under sub-section (2), Section 88C and the period for making it and the form of certificate

(1) An application for a certificate under Sub-Section (2) of Section 88C shall be made in Form XXIV 11. Deleted by G.N. of 21.1.1963. [on or before the 30th day of September 1961]

22. Rule 50A was inserted by R.D.Notifn.TNC 5857/138821-M, dt. 13.11.57. [Provided that where a landlord is -

(a) a minor,

(b) a widow, or

(c) a person subject to mental or physical disability, or

(d) a serving member of the armed forces,

33. Rule 51A was inserted by R.D..Notifn No. TNC 5861/4415-M, dt.9.5.61; M.G.G. Pt.IV-B p.470 dt. 18.5.61 [then, if he has not made application as required by sub-rule (1), such application may be made] -

(A) by the landlord within six months from the date of which -

(i) in the case of category (a) he attains majority ;

(ii) in the case of category (c) he ceases to be subject to such mental or physical disability;

(iii) in the case of category (d) he ceases to serve in the armed forces; and

(B) in the case of a widow by the successor-in-title within six months from the date on which the widow's interest in the land ceases to exist.]

(2) A certificate under Sub-Section (4) of Section 88C shall be in Form XXV.]


Rule 54 Publication of an order under Sub-Section (1) of Section 88D

44. Rule 52 was inserted by R.D.Notifm Nno.TNC.5857/138821-M, dt. 13.11.57 The State Government shall publish an order by it under Sub-Section (1) of Section 88D in the official Gazette and send a copy thereof to the Mamlatdar who shall, on its receipt, send it forthwith to the landlord and the tenant of such lands.]


APPENDIX 1 FORM

FORM

(See rule 10)

FORM 1

(See rule 10)

Certificate of transfer under Section 17(3) of the Bombay Tenancy and Agricultural

Lands Act, 1948

Whereas Shri_______________is in occupation of the house site

site of structure used for an allied pursuit, specified below

belonging to Shri___________________ and whereas under the provisions of Sub-Section (3) of

Section 17 of the Bombay Tenancy and Agricultural Lands Act, 1948, Shri________was required to deposit and has deposited Rs.__________(in words)________for the transfer of the said site to

him; it is hereby certified that the said site be deemed to have been transferred to Shri__________

under the provisions of Sub-Section (3) of Section 17 of the said Act.

Description of house site

siteof structure used for an allied pursuit.

DistrictTaluka
Village
Survey No. Pot-Hissa No. Area Boundaries . . . . A.g. .

Place : ______________________

Date : ______________________

[Seal of the Agricultural Lands Tribunal.

Signature..

President, Agricultural Lands Tribunal.


APPENDIX 2 Certificate of purchase under Section 17B(6) of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM

(See rule 10)

FORM 2

(See rule 10)

Certificate of purchase under Section 17-B(6) of the Bombay Tenancy and Agricultural

Lands Act, 1948

.Whereas Shri_______________is in occupation of the house site______________

..site of structure used for an allied pursuit, specified below belonging to Shri__________________ and whereas under the provisions of Sub-Section (5) of

Section 17-B of the Bombay Tenancy and Agricultural Lands Act, 1948, Shri ___________ was

required to deposit and has deposited Rs.____________(in words)_______for the transfer of the

said site to him; it is hereby certified that the said site under the provisions of Sub-Section (6) of

Section 17B of the said Act.

.Description of house site

site of structure used for an allied pursuit

DistrictTaluka
Village
Survey No. Pot-Hissa No. Area Boundaries . . . . A.g. .

Place : ______________________

Date : ______________________

Seal of the Agricultural Lands Tribunal.

.Signature..

President, Agricultural Lands Tribunal


APPENDIX 3 CertiFIcate of purchase under Section 17-B(8) of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM (See rule 10)

FORM 3

(See rule 10)

CertiFIcate of purchase under Section 17-B(8) of the Bombay Tenancy and Agricultural

Lands Act, 1948

Whereas Shri_______________is in occupation of the house site______________

.site of structure used for an allied pursuit, specified below

belonging to Shri________________and whereas after holding an enquiry under Sub-Section (4)

of Section 17-B the Tribunal is satisfied that Shri is not willing to purchase the site, the Tribunal

hereby grants a certificate to the landlord Shri_____________under the provisions of Sub-Section

(8) of Section 17-B of the said Act that the said tenant is not willing to purchase the site referred to.

Description of house site________________________

site of structure used for an allied pursuit

DistrictTaluka
Village
Survey No. Pot-Hissa No. Area Boundaries . . . . A.g. .

Place : ______________________

Date : ______________________

Seal of the Agricultural Lands Tribunal.

Signature

President, Agricultural Lands Tribunal


APPENDIX 4 Application under Section 20 for an adjudication of rights to the produce of trees naturally growing on the land or apportionment of such produce

FORM (See rule 10)

FORM 4

(See rule 10)

Application under Section 20 for an adjudication of rights to the produce of trees naturally

growing on the land or apportionment of such produce.

To

The Mamlatdar of_____Name of Applicant_______Age ____ Profession ____ place of residence

______Name of opponent____Age______Profession_________Place of residence___________

Sir,

I am the tenant/landlord and the opponent is the landlord/tenant of the following land :-

Taluka VillageSurvey No. Pot-Hissa No. Area Assessment A.g. Rs. a.p.

The following trees have grown naturally on the said land, and I am entitled to two third

one third of the total

produce thereof under the provisions of Sub-Section (1) of Section 20 of the Bombay Tenancy and Agricultural Lands Act, 1948 :- (Here give details of the trees)

The opponent landlord obJects to my enjoying the two third of the total

I object to the opponent one third

produce of the above trees. I, therefore, request that the right to the said produce may be determined, apportionment of

The extracts of Record of Rights concerning the land are enclosed.

I enclose the following documents:- (Here give a list of documents)

(Names of the witnesses, if any, should be stated. It should also be stated whether they are to be

summoned or whether the applicant will produce them.)

Yours faithfully.

Signature of the applicant.


APPENDIX 5 FORM

FORM

Date :

Note :- The extracts of Record of Rights need not be enclosed in cases of lands which form part of a river bed.

Received to-day the rent specified in column 10 from Shri. Signature of Landlord or his authorised agentSignature or thumb mark of tenant or his authorised agent. For the current yearFor arrears 1. District FORM V(See rule 13)FORM OF RECEIPT 2. Taluka 3. Village 4. Survey No. 5. Plot No. or Hissa No. 6. Area. 7. Name of the field if any. 8. Name of tenant. 9. Rent payable 1.0. Rent actually recovered incash. 1 1 . Total rent in cash recoveredduring the current year.

Received to-day the rent specified in column 10 from ShriSignature of Landlord or his authorised agent. For the current yearFor arrears 1. District FORMV (See rule 13) FORM OF RECEIPT 2. Taluka 3. Village 4. Survey No. 5. Plot No, or Hissa No. 6. Area. 7. Name of the field, if any. 8. Name of tenant. 9. Rent payable 10. Rent actually recovered in cash. 11. Total rent in cash recoveredduring the current year.


APPENDIX 6 Application for possession under Section 29 of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM

FORM 6

(See rule 14)

Application for possession under Section 29 of the Bombay Tenancy and Agricultural

Lands Act, 1948.

To,

The Mamlatdar of__________________________________________________________

Name of applicant_________________________Age___________Profession_______

Place of residence_______________________Name of opponent__________Age____________

Profession_______________Place of residence_______________________

Sir,

I do hereby state that I am entitled to the possession of the property namely :-

Name ofVillage S.No. Pot-Hissa No. Area Assessment Name oflandlord . . . A.G. Rs.a.p. .

in the following circumstances :-

(Here state the circumstances in full including the date from which the right to obtain possession

accrued)

The property is at present in the possession of the opponent. I apply that possession of the property be handed over to me at an early date.

The extracts of Record of Rights concerning the land are enclosed.

I enclose the following documents:- (Here give a list of documents)

(Name of the witnesses, if any, should be stated. It should also be stated whether they are to be

summoned or whether the applicant will produce them)

Yours faithfully,..

Signature of the applicant.

Date :-

Note:- The extracts of Record of Rights need not be enclosed in cases of lands which form part of a river bed.


APPENDIX 7 Application for apportionment of rent under Section 31-D of the Bombay Tenancy and AgriculturaL LandS Act, 1948

FORM

FORM 7

(See rule 15)

Application for apportionment of rent under Section 31-D of the Bombay Tenancy and

AgriculturaL LandS Act, 1948

To,

The ____________________Mamlatdar of_________________________________________ Name of applicant _____________________________Age __________________ Profession

___________Place of residence______________________Name of opponent______________

Age__________Profession______________Place of residence______________

Sir,

I am the landlord of the following lands :-

Name or Village S.No. Pot-Hissa No. Area Assessment Name of landlord Taluka . . . A.G. Rs.a.p. . .

The opponent was the tenant of the lands and was paying the following rent for these lands :- (Here give details of rent)

[ I have terminated his tenancy in respect of the following lands under Section 31 and obtained their possession under an order of the Mamlatdar under Section 29:-

The opponent has thus now in his possession the following of my land :-

Name of Village S.No. Pot-Hissa No. Area Assessment Name of landlord Taluka . . . A.G. Rs.a.p. . .

I am prepared to accept the following rent for the above lands remaining in his possession :- (Here give the rent acceptable)

I request you to apportion the rent payable for the above land in his possession.

The extract of the Record of Rights concerning the lands are enclosed.

I also enclose the following documents. (Here give a list of the documents).

(Names of the witnesses, if any, should be stated. It should also be stated whether they are to be

summoned or whether the applicant will produce them)

Yours faithfully,.

Date Signature of landlord

Note :- The extracts of Record of Rights need not be enclosed in cases of land which form part of a river bed.


APPENDIX 8 Public notice under Section 32-G(l) of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM (See rule 17)

FORM 8

(See rule 17)

Public notice under Section 32-G(1) of the Bombay Tenancy and Agricultural Lands Act, 1948.

Whereas under Section 32 of the Bombay Tenancy anD Agricultural Lands Act, 1948, every tenant, subject to the conditions laid down in Section 32, is deemed to have purchased the land held by him as a tenant and whereas the Tribunal is required by Sub-Sections (3) and (4) of Section 32-G to ascertain whether the tenant is willing to purchase the land and, if so, to fix its purchase price;

Now, therefore, the persons mentioned below, viz., -

(a) all tenants who under Section 13 are deemed to have purchased land in the village _________Taluka_________District_________________

(b) all landlords or such lands, and

(c) all other persons interested therein, are hereby called upon to appear before the Tribunal at ____________________at the date and time shown against the land in the sub-joined Schedule, in which they are respectively interested.

If any person fails to be present before the Tribunal at the appointed date and time without the previous permission in writing from the Tribunal, it will be deemed that he has nothing to say in the matter and the enquiry will be proceeded with in his absence.

SCHEDULE

Survey No. Pot-Hissa No. Area Date Time . . A.g. . . . . . . .

Place ______________

Date_______________ [Seal of the Agricultural Lands Tribunal]

Signature

President, Agricultural Lands Tribunal


APPENDIX 9 Certificate of purchase under Section 32-M of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM (See rule 18)

FORM IX

(See rule 18)

Certificate of purchase under Section 32-M of the Bombay Tenancy and Agricultural Lands Act, 1948.

..Whereas Shri _____________ is the tenant of the land specified below belonging to the landlord Shri ______________and whereas under the provisions of Section 32-K of the Bombay Tenancy and Agricultural Lands Act, 1948, the tenant Shri__________was required to deposit and has deposited Rs.____________(in words)_____________as the price of the said land; it is hereby certified that the said tenant Shri________________shall be deemed to be the purchaser of the said land under the provisions of Section 32-M of the said Act '[The said land shall not be transferred "by sale, gift, exchange, mortgage, lease or assignment or partitioned without the previous sanction of the Collector as provided by Sec.43 of the said Act].

Description of the land

District
Taluka Village
Survey No. Pot-HissaNo. AreaAssessment Boundaries . . . . . A.g. Rs.P. .

..[Seal of the Agricultural Lands Tribunal]

Signature,

President, Agricultural Lands Tribunal


APPENDIX 9A Certificate of purchase under Section 32-P of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM (See rule 18-A)

FORM 9-A

(See rule 18-A)

Certificate of purchase under Section 32-P of the Bombay Tenancy and Agricultural Lands Act, 1948.

.Whereas the land specified below belonging to Shri _____________ has been sold under Sub-Section (2) of Section 32-P of the Bombay Tenancy and Agricultural Lands Act, 1948 to Shri ______________ resident of village ___________ taluka _________ district __________

And whereas, the said Shri ______________ the purchaser of the land was required to deposit

Rs. __________ (in words) _____________ as the price of the said land in six annual instalments

and has deposited the last instalment of the purchase price on the ______________

.Now, therefore, it is hereby certified that the said Shri_____________shall be the purchaser

of the land under the provisions of Section 32-P of the said Act.

. [The said land shall not be transferred by sale, gift, exchange, mortgage, lease or assignment or partitioned without the previous sanction of the Collector as provided by Sec. 43 of the said Act.]

District
Taluka Village
SurveyNo. Pot-HissaNo. Area Assessment Boundaries . . . . . A.g. Rs. P. .

[Seal of the Agricultural Lands Tribunal]

..Signature....

President, Agricultural Lands Tribunal


APPENDIX 10 Intimation of desire to exercise the right of purchase conferred by Section 32F or 32O

FORM (See rule 20)

FORM 10

(See rule 20)

Intimation of desire to exercise the right of purchase conferred by Section 32F or 32 O.

Date: .

To,

Sir,

I am the tenant of the following land of which YOU are the landlord :

Taluka
Village
Survey No. Pot-Hissa No. Area Assessment . . . . A.g. Rs. P. . . . . . .

.I am entitled to purchase the above land under Sub-Section (1) of Section 32F/32O of the

Bombay Tenancy and Agricultural Lands Act, 1948.1 hereby give an intimation to you that I desire to exercise the said right I am forwarding a copy of this letter to the Agricultural Lands Tribunal for taking necessary action under Section 32G of the said Act.

Yours faithfully,

(Signature of tenant)

Copy forwarded to the Agricultural Lands Tribunal for information and necessary action.


APPENDIX 11 Public Notice under rule 21(1) of the Bombay Tenancy and Agricultural Lands Rules, 1956

FORM (See rule 21)

FORM 11

(See rule 21)

Public Notice under rule 21(1) of the Bombay Tenancy and Agricultural Lands Rules,

1956.

.Whereas the land mentioned in column (2) to (3) of the sub-joined schedule are required to be disposed of by the tribunal of_____________in the manner provided in clause (c) of Sub-Section (2) of Section 32-P of the Bombay Tenancy and Agricultural Lands Act, 1948, and whereas the tribunal has fixed the prices of these lands under Sub-Section (5) of Section 32-P of the said Act as shown against them in column (6) of the said Schedule.

.Now, therefore the persons and the bodies mentioned below, namely :-

. (i) co-operative farming societies, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons;

. (ii) agricultural labourers:

. (iii) landless persons;

. (iv) small holders;

. (v) co-operative farming societies of agriculturists (other than small holders, who hold, either as owner or tenant or partly as owner and partly as tenant, land less than an economic holding and who are artisans;

. (vi) agriculturist (other than small holders) who hold, either as owner of tenant or partly as owner and partly as tenant, land less in area than an economic holding and who are artisans;

. (vii) other co-operative farming societies;

. (viii) agriculturist who hold; either as owner or tenant or partly as owner and partly as tenant, land larger in area than an economic holding but less in area than the ceiling area;

. (ix) persons not being agriculturists, who intend to take to the profession of agriculture; from the village in which the land concerned is situate or from any village neighbouring to such village are hereby called upon to intimate to the Tribunal in writing before ________________ whether such person or body is willing to purchase the land at the price mentioned against it in the Schedule, which shall be payable in annual instalments as may be fixed by the Tribunal under Sub-Section (5) of Section 32-P.

.If no person or body intimates in writing its willingness to purchase any of the lands, within the time limit mentioned in the notice, such lands, shall be deemed to vest in Government under Sub-Section (4) of Section 32.P.

Serial No.(1) Village(2) Survey No.(3) Area(4) Assessment(5) Price fixed ofCollector(6) . . . A.g. Rs. P. Rs. P.

.Seal of the Tribunal

Tribunal of_________________

Date _____________________


APPENDIX 11A Intimation of desire to exercise the right of purchase conferred by Sub-Section (3) of Section 33-C

FORM (See rule 21-A)

FORM 11A

(See rule 21-A)

Intimation of desire to exercise the right of purchase conferred by Sub-Section (3) of Section 33-C

Date : ____________________

To

Sir,

I am the excluded tenant of the following land of which vou are the certificated landlord :-

Taluka
Village
Survey No. Pot-Hissa No. Area Assessment(5) . . . . A.g. Rs. P.

I am entitled to purchase the above land under Sub-Section (3) of Sec.33-C of the Bombay Tenancy and Agricultural Lands Act, 1948.1 hereby inform you that I desire to exercise the said right. I am forwarding a copy of this letter to the Agricultural Lands Tribunal for taking necessary action under Section 32-G of the said Act.

Yours faithfully,

(Signature of excluded tenant)

Copy forwarded to the Agricultural Lands Tribunal for information and necessary action.


APPENDIX 12 Application for exchange of tenancies under Section 33(1) of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM (See rule 22)

FORM 12

(See rule 22)

Application for exchange of tenancies under Section 33(1) of the Bombay Tenancy and Agricultural Lands Act, 1948.

To,

The Mamlatdar of ______________________________________________________

We _________________________________________________________________

Name ______________________ Age _______ Place of residence _______________

(1)____________________________________

(2)___________________tenants of the following lands do hereby apply for exchange of the tenancies thereof by mutual agreement :-

Land held by applicant No. 1

Name of village Survey No. Pot-Hissa No. Area Assessment Name of the landlord and his place of residence Details of the rent payable to the landlord. . . A.g Rs.P . . .

Name of village Survey No. Pot-Hissa No. Area Assessment Name of the landlord and his place of residence Details of the rent payable to the landlord. . . A.g Rs. P . . . . . . . . . .

The exchange of tenancies may please be sanctioned.

The exchange of Record of Rights concerning the land are enclosed.

Yours faithfully,

Date :- Signature of the applicant.

Note :- The extracts of Record of Rights need not be enclosed in cases of lands which form part of a river bed.


APPENDIX 13 Certificate of exchange under Sub-Section (2) of Section 33 of the Bombay Tenancy and Agricultural Lands Act 1948

FORM (See rule 24)

FORM 13

(See rule 24)

Certificate of exchange under Sub-Section (2) of Section 33 of the Bombay Tenancy and Agricultural Lands Act 1948.

Whereas the tenants

(1) Shri__________________________residing at________________________

(2) Shri__________________________residing at________________________

applied for the exchange of tenancies in respect of the following lands held by them as tenants

Taluka
Village
Survey No. Pot Hissa No. Area Assessment Name of the landlord Details of rent payable to the landlord Names of tenants

and whereas after holding an inquiry as required by Sub-Section (2) of Section 33, I have sanctioned the exchange of the tenancies. I hereby certify that the said tenancies shall be deemed to have been exchanged with effect from the date of this certificate, subject to the terms and conditions mentioned in rule 23 of the Bombay Tenancy and Agricultural Lands Rules, 1956.

Given under my hand and seal, this day of 19

[Seal of Mamlatdar] Signature

Mamlatdar of__________________


APPENDIX 13A Notice to be issued under Sub-Section (5) of Section 34 of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM (See rule 24-A)

FORM 13A

(See rule 24-A)

Notice to be issued under Sub-Section (5) of Section 34 of the Bombay Tenancy and Agricultural Lands Act, 1948.

NOTICE

Whereas it has been brought to notice that the possession of the land mentioned below by Shri____________as tenant has become unlawful under Sub-Section (1) of Section 34 of the Bombay Tenancy and Agricultural Lands Act, 1948;

And whereas Shri _______________ the landlord of the said land has failed to obtain possession thereof under Section 29 of the said Act;

Now therefore, I hereby call upon the said tenant viz. Shrito appear before me in my office at___________on._____________to show cause why his possession of the said land should not be declared unlawful and the said land should not be disposed of by the Collector under Section 32P of the said Act.

Description of land

District
Taluka Village
Survey No. and Pot-Hissa No. Area Assessment . . . . A.g. Rs.P. . . . . . .

Date___________________

[Seal of Mamlatdar]

To

Shri___________________


APPENDIX 13C Notice to be issued under Sub-Section (1-A) of Sec. 37 of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM (See rule 24-C)

FORM 13-C

(See rule 24-C)

Notice to be issued under Sub-Section (1-A) of Sec. 37 of the Bombay Tenancy and Agricultural Lands Act, 1948

WHEREAS it has been brought to the notice of the undersigned that the landlord Shri ___________________ (here insert the name of the person) of the land bearing Survey _______________No.___________ and admeasuring __________________ situated in ____________ village of _______________taluka of____________district has failed to use the land for any of the purpose specified in the notice given to the tenant, Shri____________(here insert the name of the tenant) under Section 31 or 32-T within one year from the date on which the landlord took possession of the said land or has ceased to use it for the purpose specified in the said notice at any time within twelve years from the date on which the landlord took possession or has transferred the land to _____________(here insert the name of the transferee) and such transfer is inconsistent with the ground on which the tenancy was terminated.

Now THEREFORE, in pursuance of the provisions of Sub-Section (1-A) of Section 37 of the said Act,

Shri __________________________________________(here insert the name of landlord and/or transferee) is hereby called upon to show cause within 15 days of the receipt of the notice why the said landlord/transferee should not be disentitled to retain possession of the land or why the transfer should not be declared invalid.

If Shri___________________________________(here insert the name of the landlord or the transferee) desires to be heard in person, he may appear in person or authorize any person to appear before the undersigned on (here insert the date which should not be less than 15 days from the issue of notice) at_______________________(here insert the place of hearing)

If Shri______________________________(here insert the name of the landlord or transferee) fails to show cause or fails to appear in person or through any person authorised by him, the aforesaid matter will be decided ex parte.

Date :-______________________________

Place:-______________________________

Mamlatdars of_____________________Taluka


APPENDIX 13B FORM

FORM (See rule 24-B)

FORM 13B

(See rule 24-B)

..Name of Holder________________Taluka______________District.

..Address of Holder_____________Village_________Taluka___________District

..Place of permanent residence___________Village________Taluka_______District

Particulars of land held as owner

1 2 3 4 5 District Taluka Village Survey No. and Hissa No, and/or name of the field Tenure

Particulars of land held as owner

6 7 8 9 10 Area Assessment Dry crop area Rice or paddy area Perenially irrigated area A.g. Rs. A.g. A.G.

Particulars of land held as owner

11 12 13 Source of irrigation tenant Seasonally irrigated area Source of irrigated area

Particulars of land held as owner

14 15 16 Encumbrances if any (Give the amount of the encumbrance, name and address of the person who holds the encumbrance) Who is in actual possession of the land Is the land cultivated personally by the owner

Particulars of land held as owner

17 18 19 If the land is in actualpossession of a person otherthan owner or tenant, the reasonfor it. Name of tenant of the land. Is he permanent if any

Particulars of land held as tenant.

1 2 3 4 5 District Taluka Village Survey No. and Hissa No. and/or name of the field Tenure

Particulars of land held as tenant.

6 7 8 9 10 Area Assessment Dry crop area Rice or paddy area Perenially irrigated area A.g Rs. A.g. A.g.

Particulars of land held as tenant.

11 12 13 Source of irrigation Seasonally irrigated area Source of irrigation

Particulars of land held as tenant

14 15 16 Name and address of owner of land Is the tenant permanent tenant or sub-tenant, Name of the sub-tenant/ or permanent tenant

Signature of Holder.


APPENDIX 14 Application for determination of compensation under Section 41(1) of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM (See rule 25)

FORM 14

(See rule 25)

Application for determination of compensation under Section 41(1) of the Bombay Tenancy and Agricultural Lands Act, 1948.

.To,

.The Mamlatdar of____________________________________________________ Name of the applicant___________Age______________Profession_________Place of residence__________________ Name of the opponent_______________________ Age_______________Profession place of residence____________________________

.Sir,

.I am the tenant and the opponent is the landlord of the following land:-

Taluka
Village
Survey No. Pot-Hissa Area Assessment . . . . A.g Rs. P . . . . . .

.My tenancy has been terminated by the landlord under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948.1 have made the following improvements on the above land.

. (Here give details of the improvements made)

.I request that the improvements made by me and their value should be ascertained and the compensation payable by the opponent for these improvements assessed and paid to me.

.The extracts of the Record of Rights concerning the land are enclosed.

.I also enclose the following documents:-

. (Here give a list of the documents)

. (Name of the witnesses, if any, should be stated. It should also be stated whether they are to be summoned or whether the applicant will produce them.)

Yours faithfully, ....

Signature of the Applicant.

Note :- The extract of Record of Rights need not be enclosed in cases of lands which form part

of a river bed.


APPENDIX 14A Intimation of desire to exercise the right of purchase conferred by Sec.43(1-13) of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM (See rule 25-C)

FORM 14A

(See rule 25-C)

Intimation of desire to exercise the right of purchase conferred by Sec.43(1-13) of the Bombay Tenancy and Agricultural Lands Act, 1948.

.To

.Shri______________________________________________________________

.Sir,

.I am the tenant of the following lands of which you are the landlord :-

Taluka
Village
Survey No. Pot-Hissa Area Assessment . . . . A-g Rs. P . . . . . .

.I am entitled to purchase the above land under Sub-Section (1) oY Section 43 (ID) of the Bombay Tenancy and Agricultural Lands Act, 1948.

.I hereby inform you that I desire to exercise the said right. I am forwarding a copy of this letter to the Agricultural Lands Tribunal___________________for taking necessary action under Section 32-G of the said Act.

Yours faithfully,

(Signature of tenant)

.Date : _________________19

.Copy forwarded to the Agricultural Lands Tribunal_______________for information and necessary action.


APPENDIX 15 Application for determination of reasonable rent under Section 43B of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM ' (See rule 28)

FORM 15

(See rule 28)

Application for determination of reasonable rent under Section 43B of the Bombay

Tenancy and Agricultural Lands Act, 1948.

.To,

.The Mamlatdar of_________________________________________________ .Name of the applicant ______ Age______Profession_______Place of residence__________ Name of the opponent _________ Age______ Profession _____________place of residence_____________________

.Sir,

I am the landlord/tenant of the following land:-

Taluka
Village
Survey No. Pot-Hissa Area Assessment . . . . A.g Rs. P

.Shri_____________________is the tenant/landlord of this land from the year.

.The present rent of the land is_______________

.The rent is not reasonable for the following reasons:- (Here state the reasons)

.I am prepared to accept/pay rent namely_________as reasonable rent of the land. I request you to determine the same under Section 43B of the Bombay Tenancy and Agricultural Lands Act, 1948.

.The extracts of the Record of Rights concerning the land are enclosed.

.I am also enclosing the following documents:- (Here give a list of the documents)

.(Name of the witnesses, if any, should be stated. It should also be stated whether they are to be summoned or whether the applicant will produce them)

Yours faithfully,.

Date:- ...........Signature of the landlord/tenant

Note :- The extracts of the Record of Rights need not be enclosed in cases of land which form

part of a river bed.


APPENDIX 16 Offer for sale of land under Section 64(2) of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM [See rule 39(1)]

FORM 16

[See rule 39(1)]

Offer for sale of land under Section 64(2) of the Bombay Tenancy and Agricultural Lands Act, 1948.

To

Sir,

I am the landlord of the following land:-

Taluka Village Survey No. Pot-Hissa Area Assessment . . . . A.g Rs. P . . . . . .

.I intend to sell this land, the reasonable price of which as determined by the Agricultural Lands Tribunal under Sub-Section (1) of Section 64 of the Bombay Tenancy and Agricultural Lands Act, 1948, is Rs___________(in words)_______________

.The Tribunal has directed that the price shall be payable in _________ instalment(s) with simple interest at 4 per cent per annum.

.In pursuance of the provisions of Sub-Section (2) of Section 64 of the said Act, I offer this land for sale to you and the other persons referred to therein and, as required by Sub-Section (3) of Section 64, you should intimate to me within one month from the date of receipt of this offer whether you are willing to purchase the land at the price fixed by Tribunal.

Yours faithfully,

Signature of the landlord.

Date : ___________________ 19


APPENDIX 17 Offer for sale of land under Section 64(2) of the Bombay Tenancy and agricultural Lands Act, 1948

FORM [See rule 39(1)]

FORM 17

[See rule 39(1)]

Offer for sale of land under Section 64(2) of the Bombay Tenancy and agricultural Lands Act, 1948.

.Whereas I, Shri _______of_______village ____ taluka_______ district____the landlord of Survey No._____of__village_____taluka_____district and am intending to sell the said land;

.And whereas the reasonable price of the said land as determined by the Agricultural Lands Tribunal under Sub-Section (1) of Section 64 of the Bombay Tenancy and Agricultural Lands Act, 1948, is Rs.__________(in words)________________

.which is payable ________________in lump sum

...in .instalments with simple interest at 4 per cent per annum;

.Now, therefore, in pursuance of Sub-Section (2) of Section 64 of the said Act I hereby offer the said land for sale to the persons and bodies mentioned below, namely :-

. (i) co-operative farming societies, the members of which are agricultural labourers, landless

persons or small holders or a combination of such persons;

. (ii) agricultural labourers;

. (iii) landless persons;

. (iv) small holders;

. (v) co-operative farming societies of agriculturists (other than small holders) who hold either as owners or tenants or partly as owners and partly as tenants, land less than an economic holding and who are artisans;

. (vi) agriculturists (other than small holders) who hold either as owners or tenants or partly as owners and partly as tenants, land less in area than an economic holding and who are artisans;

. (vii) other co-operative farming societies;

. (viii) agriculturists who hold either as owners or tenants or partly as owners and partly as

tenants land larger in area than an economic holding but less in area than the ceiling area;

. (ix) persons, not being agriculturists, who intend to take to the profession of agriculture;

If the above persons and societies are willing to purchase the land at the reasonable price fixed

by the Tribunal, they are hereby called upon to intimate to me I writing within one month from

____________________________their willingness to purchase the land.

Date :-

Address of landlord. . . . . . . (Signature of the landlord)


APPENDIX 18 Notice for payment of price for sale of land under Section 64(4) of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM (See rule 39(2)]

FORM 18

(See rule 39(2)]

Notice for payment of price for sale of land under Section 64(4) of the Bombay Tenancy and Agricultural Lands Act, 1948.

..To,

..Sir,

..I am the landlord of the following land :

Taluka
Village
Survey No. Pot-Hissa Area Assessment . . . . A.g Rs. P . . . . . .

..I intend to sell this land, the reasonable price of which as determined by the Agricultural Lands Tribunal under Sub-Section (1) of Section 64 of the Bombay Tenancy and Agricultural Lands Act, 1948, is Rs___________(in words)_______________

..The Tribunal has directed that the price shall be payable in ___________ instalment(s) with simple interest at 4 per cent per annum.

..As required by Sub-Section (2) of Section 64 of the said Act, I have offered this land for sale to you and under Sub-Section (3) thereof you have intimated your willingness to purchase it for the price fixed by the Tribunal. I now call upon you under the provisions of Sub-Section (4) of Section 64 to pay me the first instalment of the price or to deposit the same with the Tribunal within one month of the date of the receipt of this notice.

Yours faithfully,

Signature of the landlord.

Date : ________________19


APPENDIX 19 Application to the Mamlatdar for construction of water course under Section 66-A of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM (See rule 41)

FORM 19

(See rule 41)

Application to the Mamlatdar for construction of water course under Section 66-A of the Bombay Tenancy and Agricultural Lands Act, 1948.

To,

The Mamlatdar of___________________________________________________________ Name of the applicant_____Age_____Profession____place of residence_________Name of the neighbouring holder____Age_____Profession________Place of residence_______________

Sir,

..I am the holder of the following land :

Name of village Survey No. Pot-Hissa No. Area Assessment Name of landlord . . . A.g. Rs.P. . . . . . . .

..I am entitled to take water for cultivating my land from the following source of water. (Here give the particulars of the source of water)

..For taking this water it is necessary to construct a water course through the following land

which is in the possession of/or belones to the neighbourinel holder :

Name of village Survey No. Pot-Hissa No. Area Assessment Name of landlord . . . A.g. Rs. P. . . . . . . .

..The construction of water course is necessary for the full and efficient use of my land for

agriculture.

..The extracts of the Record of Rights concerning the lands are enclosed.

..I, therefore, request that the neighbouring holder may be directed to permit me to construct the water course through the said land.

Yours faithfully

Signature of the applicant

..Date :-________________

..Note :- The extract of Record of Rights need not be enclosed in cases of lands which form a

part of a river bed.


APPENDIX 20 Agreement for constructing a water course under Section 66A of the Bombay Tenancy and Agricultural Lands Act, 1948.

FORM (See rule 42 (2)]

FORM 20

(See rule 42 (2)]

Agreement for constructing a water course under Section 66A of the Bombay Tenancy and Agricultural Lands Act, 1948.

..This agreement made the _____________day of_____________one thousand nine hundred and ________________ between Shri _______________ of ______ (hereinafter called the applicant) (which expression shall, unless the context does not so admit, include the heirs, executors, administrators and assigns) of the one part and Shri________of . (hereinafter called the neighbouring holder) (which expression shall, unless the context does not so admit include his heirs, executors, administrators, and assigns) of the other part.

..Whereas the land described in the First Schedule hereto belongs to the applicant;

is in possession of....

..the neighbouring holder, for the purpose of taking water for cultivating the applicant's said

land;

..And whereas the applicant applied to the Mamlatdar of__________under Sub-Section( 1) of Section 66A of the Bombay Tenancy and Agricultural Lands Act, 1948 for permission to construct such water course;

..And whereas by an order dated the__________made under the said Section (a copy of which is set out in the Third Schedule hereunder written) the Mamlatdar has directed that -

.. (1) the neighbouring holder shall permit the applicant to construct a water course through the neighbouring holder's said land on the condition specified in the said Order; and

.. (2) the applicant shall pay to the neighbouring holder

.. (i) Rs.as compensation for damages caused to the neighbouring holder's said land by reason of the construction of the water course injuriously affecting such land; and

.. (ii) Rs._____________as annual rent;

..And whereas it is provided in clause (vi) of Sub-Section (2) of Section 66A of the said Act,

read with rule 41 of the Bombay Tenancy and Agricultural Lands Rules, 1956, that the applicant shall execute an agreement in favour of the neighbouring holder within three months of the Mamlatdar's said order:

..Now, therefore, the applicant does hereby agree that he shall duly and punctually pay to the neighbouring holder the said compensation and annual rent on the dates on which the same become due and payable under the said order and shall duly observe and perform all other conditions specified in the Mamlatdar's said order.

..In witness whereof Shri__________________has set his hand hereto the day and year first

above written.

..Signed and delivered by in the presence of -

..1._____________________________

..2._____________________________

Signature of applicant


APPENDIX 20A FROM

Form

(See rule 44-A)

FORM 20A

(See rule 44-A)

No. :........

Date:........

To

..The Collector_________________________________________

..The Divisional Officer__________________________________

..The Secretary to Government, Revenue Department.

..Subject - Reference under sub-section (1) of section 72B of the Bombay Tenancy and Agricultural Lands Act, 1948, in respect of landlord shri____________________________

..Sir,

..In the course of the hearing of the application made by the landlord Shri________________________________ under Section 29 of the Bombay Tenancy and

Agricultural lands Act, 1948 for possession of the following lands which are situated within my jurisdiction, it has come to my notice that the said landlord has made a similar application to the Mamlatdar of ________________________________ in respect of the land situated in his jurisdiction. I enclose the applicatioa of the said landlord along with its accompaniments. I hereby refer the application to you________for issuing the necessary

Government

application under clause (b) of Sub-section (2) of Section 72 B of the said Act.

District Taluka Village SurveyNo.and Area Class ofland Name oftenant . . . Hissa No. . . . . . . . A.g. . .

Yours faithfully

Seal of Mamlatdar

Mamlatdar of__________

Accompainment- Tenancy application and its enclosures.


APPENDIX 20B FORM

FORM

(See rule 44-A)

FORM 20B

(See rule 44-A)

No. : ..........

Date: ..........

..To

..The Mamlatdar of______________________________________________

..Subject - Application filed by landlord Shri___________________under Section 29 of the

Bombay
Tenancy and Agricultural Lands Act, 1948.

Sir, ......me

..It has been reported to Government that the landlord Shri __________of______village _________taluka_______________district has submitted to you an application under Section 29 of the Bombay Tenancy and Agricultural lands Act, 1948, for possession of land situated in your jurisdiction I

Government

..hereby call upon you under clause (a) of Sub-Section (2) of Section 72B of the said Act to for ward to ___________________________ me ___________________________ the Secretary to Govt. in the Revenue and Forest Dept. the said application alongwith with its accompaniments and further proceedings, if any.

Yours faithfully,

Collector of __________________________

Divisional Officer........


APPENDIX 20C FORM

FORM

(See rule 44-C)

FORM 20C

(See rule 44-C)

No. : ..........

Date : ..........

..To,

..The Collector of__________________________

..The Divisional Officer_____________________

..The Secretary to Government, Revenue Department_________________

..Subject :- Reference under Sub-Section (1) of Section 72C of the Bombay Tenancy and Agricultural Lands Act, 1948 in respect of tenant Shri ________________________

..Sir,

..In the course of the proceedings under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948, in respect of the land held by Shri___________as tenant in the area within the jurisdiction of this Tribunal it has come to the notice of the Tribunal that the said person also holds other lands as tenant which are situated outside the jurisdiction of the Tribunal. The particulars about the land held by the said person as tenant within the jurisdiction of this Tribunal are given in appended Schedule I. The particulars about the land held by him as tenant outside the jurisdiction of the Tribunal so far as they are kncwn to it are given in appended Schedule II.

..Tribunal hereby refers the case of the said tenant to you for issuing a direction under

Government

clause (b) of Sub-Section (2) of Section 72C of the said Act.

Yours faithfully.

President,

Agricultural Lands Tribunal

SCHEDULE-1

Name of tenant Address of tenant Village Taluka District

1 2 3 4 5 District Taluka Village S.No. and HissaNo. Area . . . . . 6 7 8 9 10 Assessment Class of land Name and address of landlord Name and address of other interested person Nature of interest . . . . .

SCHEDULE-2

District No. Taluka Village S.No. and Hissa . . . .


APPENDIX 20D FORM

FORM

(See rule 44-D)

FORM 20D

(See rule 44-D)

No. :

Date :

To,

President,

Agricultural Lands Tribunal.

Subject: Details of land held as tenant by Shri_______________________

Sir,

It has been reported to me that Shri______________________________________

Government

____________________________of___________________village __________ taluka ______________district holds as tenant the followine lands within vour Jurisdiction:

District
Taluka Village
Survey No. and Hissa No. . . . . .

..Government hereby call upon you under clause (a) of Sub-Section (2) of Section 72C to furnish me with the particulars in the appended form about all the lands, held by the said

Government

person as tenant which are situated within your jurisdiction.

Yours faithfully,

Collector of___________________________________

Divisional Officer______________________________

Under/Assistant Secretary to Government...

Form of particulars of land

1 2 3 4 5 District Taluka Village S.No. and HissaNo. Area . . . . . 6 7 8 9 10 Assessment Class of land Name and address of landlord Name and address of other interested persons Nature of interest . . . . .


APPENDIX 21 Certificate under Section 84A(2) of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM (See rule 49)

FORM 21

(See rule 49)

Certificate under Section 84A(2) of the Bombay Tenancy and Agricultural Lands Act, 1948.

..Whereas the lands specified below belonging to Shri ___________ were transferred to Shri ___________ during the period from 28th December 1948 to 14th June 1956 (both days inclusive) and the said transfer of lands was invalid being in contravention of Section 63/64 of the Bombay Tenancy and Agricultural Lands Act, 1948, as it stood before the 1st August 1956.

And whereas the said transferee has paid to Government a penalty of Rs.______(in words) _____________as provided in Sub-Section (1) of Section 84A of the said Act;

..Now, therefore, the Mamlatdar of____________ hereby grants a certificate to the said

transferee Shri_____________under the provisions of Sub-Section (2) of Section 84A of the said Act that the said transfer of lands is no longer invalid.

Descrintion of land

District Taluka Village Survery No. Pot-HissaNo. Area Assessment . . . . . . .

..Place :-

..Date :-

..Seal of Mamlatdar

Mamlatdar of_________________


APPENDIX 22 Notice to be issued under Sub-Section (1) of Section 84 B of the Bombay Tenancy and Agricultural Lands Act, 1948

FORM (See rule 50)

FORM 22

(See rule 50)

..Notice to be issued under Sub-Section (1) of Section 84 B of the Bombay Tenancy and Agricultural Lands Act, 1948.

NOTICE

..Whereas it has been brought to my notice that the transfer/acquisition of the below mentioned land which has taken place during the period from 15th June 1955 to 31st July 1956 was in contravention of the provisions of Section 63/64 of the Bombay is consistent with the provisions of the Sections of the Bombay Tenancy agricultural Lands Act. 1948 as it stood before the 1st August 1956

..Tenancy and Agricultural Lands Act, 1948.

..Whereas under the provisions of Section 84B of the said Act, the said land is required to be restored after holding an inquiry to Shri____________from whom the land was acquired.

..Now, therefore, I hereby call upon the transferor

....transferee....viz

person acquiring the said land

..Shri________________to appear before me in my office at_________on________to show cause as to why the said transfer/acquisition should not be declared to be invalid and the said land should not be restored to the said Shri_______________.

Description of land.

District
Taluka Village
Survey No. Pot-HissaNo. Area. Assessmen .. .. .. .. .. A.g. Rs.P

Date :

Seal of Mamlatdar

Mamlatdar of___________________

To

Shri___________________


APPENDIX 22A Intimation of desire to exercise the right of purchase conferred by second proviso to Section 88(1)/88 B(1)

FORM (See rule 51-A)

FORM 22A

(See rule 51-A)

Intimation of desire to exercise the right of purchase conferred by second proviso to Section 88(1)/88 B(l)

Date :-

To

Sir,

I am the permanent tenant of the following land of which you are the landlord;

District
Taluka Village
Survey No. Pot-HissaNo. Area. Assessment A.g. Rs. P

I am entitled to purchase the above land under the second proviso to Sub-Section (1) of Section 88/88B of the Bombay Tenancy and Agricultural Lands Act, 1948. I hereby inform you that I desire to exercise the said right. I am forwarding a copy of this letter to the Agricultural Lands Tribunal for taking necessary action under Section 32G of the said Act.

Yours faithfully,

(Signature of permanent tenant)

Copy forwarded to the Agricultural Lands Tribunal for information and necessary action.


APPENDIX 23 Certificate of eligibility of a trust fore exemption under Section 88B

FORM [See rule 52(3)]

FORM 23

[See rule 52(3)]

Certificate of eligibility of a trust fore exemption under Section 88B.

Whereas the trustee in charge of__________Trust has applied under sub-rule (1) of rule 52 of the Bombay Tenancy and Agricultural Lands Rules, 1956, stating that the lands mentioned in the schedule appended hereto which are the property of the said trust are entitled to exemption under Sub-Section(l) of Section 88B of the Bombay Tenancy and Agricultural Lands Act, 1948 and whereas I ___________Collector of__________am satisfied after holding an inquiry under Sub-Section (2) of Section 88B of the said Act that the said trust is for an educational purpose/a hospital/a Panjarpole/a Gaushala/an institution for public religious worship, that the said trust is

is deemed to be.

registered under the Bombay Public Trusts Act, 1950 and that the entire income of the lands mentioned in the said Schedule which are the property of the said trust is appropriated for the purposes of the said trust;

Now, therefore, I hereby certify that the conditions in the proviso to Sub-Section (1) of Section 88B are satisfied by the said trust in respect of the lands mentioned in the schedule.

SCHEDULE

District Taluka Village Survey No. Area . . . . A.g,

Date______________________

Place _____________________

Seal of Collector

Collector of_________________


APPENDIX 24 FORM

FORM (See rule 53)

FORM 24

(See rule 53)

To,

The Mamlatdar of_______________

Sir,

I am the landlord of the following land(s) which is (are) leased to the tenant(s) mentioned against it (them):

District
Taluka Village
Survey No.and HissaNo. Area Class of land Name andaddress ofTenant . . . . A.g. . .

I do not hold any other land which is leased to a tenant, for cultivation. My total annual income from all sources is as follows:-.

Income from above mentioned land

(Here mention the rental income from the above land)

Income from other sources

(Here mention the details of the remaining income)

As the lands leased by me does not exceed an economic holding and as my total annual income including the rent of the above mentioned land does not exceed Rs. 1,500 I request you to issue me a certificate under Sub-Section (4) of Section 88C of the Bombay Tenancy and Agricultural Lands Act, 1948 that the leased lands mentioned above are exempt from the provisions of Section 32 to 32R of the said Act.

The extracts of the Record of Rights concerning the land are enclosed.

I also enclose the following documents:-

(Here give a list of the documents)

(Names of witnesses, if any, should be stated. It should be also stated whether they are to be

summoned or whether the applicant will produce them).

Yours faithfully,

Signature of the landlord

Note:- The extracts of Record of Rights need not be enclosed in cases of lands which form part of a river bed.


APPENDIX 25 FORM

FORM

(See rule 53)

FORM 25

(See rule 53)

Whereas Shri_______________has leased his land described in the table below and whereas after holding an inquiry under Sub-Section (3) of Section 88C of the Bombay Tenancy and Agricultural Lands Act, 1948, it is found that the total extent of the said land does not exceed an economic holding and the total annual income of the said Shri________from all sources including the rent from the said land does not exceed Rs. 1,500.

Now, therefore, I Shri______________Mamlatdar of____________hereby certify that the said land is exempt under Sub-Section (1) of Section 88C from the provisions of Section 32 to 32R of the Bombay Tenancy and Agricultural Lands Act, 1948.

Description of land

District
Taluka Village
Survey No. and HissaNo. Area Class of land Name of tenant 1 2 3 4 5 6 7 . . . . 1 A.g. . .

Seal of Mamlatdar

Mamlatdar of__________________

THE SCHEDULE

[See rule 10(4)]

Value determined Scale of fees (1) (2) When the value of the site does not exceed Rs. 1,000 21/ 2per cent of the value, subject to a minimum of Rs. 2. When the value of the site exceeds Rs.1,000 but does not exceed Rs.5,000 For the first Rs.1000, 21/2per cent. For the amount in excess of Rs. 1,000, 1 per cent When the value of the site exceeds Rs.5,000 For the first Rs.1,000, 21/2 per cent, for the amount in excess of Rs.1,000 and up to Rs.5,000.

Value determined Scale of fees (1) (2) . 1 per cent. For the amount in excess of Rs.5,000, per cent.Note:- Any fraction of hundred rupees of Rs.51 or more shall be treated as one hundred rupees and any such fraction below Rs.51 shall be ignored for calculating the percentage of the value.
Maharashtra State Acts


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