BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948
(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 Gujarat.
The Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter "the Act") is a landmark legislation enacted to regulate the relationship between landlords and tenants in the agricultural sector of Maharashtra and adjoining areas. The primary objective of the Act is to protect the rights of tenant cultivators, prevent the alienation of agricultural land, and provide for the consolidation of holdings and restoration of possession to tenants. It operates on the principle that the individual cultivator should hold his own land, thereby promoting agricultural efficiency and social justice. The Act overhauls previous tenancy laws by extinguishing the rights of landlords to terminate tenancies for personal cultivation and by mandating the sale of land to tenants who have been cultivating it for a specified period.
Section 1 of the Act serves as the short title, extent, and commencement provision. It declares that the Act may be called "The Bombay Tenancy and Agricultural Lands Act, 1948." Crucially, it stipulates the geographical area to which the Act applies. The Act extends to the whole of the State of Bombay. It also provides for the adaptation of existing laws and creates a framework where, notwithstyanding any agreement, usage, or law, the provisions of the Act shall apply to agricultural land within the specified area. It marks the transition from the Bombay Tenancy Act, 1939 to the new regime, intending to provide better security of tenure and regulate the valuation of land and rent.
Based on the judicial interpretation of the Act's operative provisions, the following elements are essential for the application of the Act:* Definition of Agricultural Land: The land must be defined as "agricultural land" under Section 2(1), which explicitly includes land used for raising grass for grazing cattle, provided the use is by an agriculturist [Kishan Ramchandra Kumbhar & others VS Kashinath Bandu Teli (Dr. ) & others].* Tenancy Relationship: There must exist a relationship of landlord and tenant, either by contract or by operation of law (deemed tenancy), where an individual cultivates land belonging to another (landlord) [Jagannath Vithu Jadhav Since deceased through Lrs. VS State of Maharashtra].* Legislative Intent for Protection: The essential ingredient of protection is found in the rejection of retrospective exclusion; vested tenancy rights acquired when the Act came into force cannot be divested by subsequent notifications excluding areas [Tamboli Boghalal Chhotalal and Anr VS Mohanlal Chunilal Kothari].* Possession Requirements: For certain rights, such as restoration of possession under Section 32(1-B), the landlord must have actual possession and a present right to possession, not merely constructive possession [BALU HRIPATI PATIL VS BANDU TATOBA CHINCHWADE].* Public Purpose: For government interventions or requisitions, the term "expedient" and "public purpose" are construed canonically to guide executive discretion rather than provide unlimited power [State of Gujarat VS Gujarat Revenue Tribunal].
The scope of the Act, grounded in its introductory provisions, is vast and continues to influence tenancy disputes:* Geographical Scope: The Act covers the entire State of Bombay, ensuring uniform application of tenancy laws across different regions within the state .* Supremacy over Usage: The Act overrides contrary agreements, usages, or laws, asserting its dominance in determining the legal relationship between parties holding agrarian land .* Inclusion of Non-Typical Cultivation: The scope extends to lands where the primary object is raising grass for cattle, treating such land as agricultural even if no active tillage occurs, provided it is used by an agriculturist for grazing [Kishan Ramchandra Kumbhar & others VS Kashinath Bandu Teli (Dr. ) & others].* Exclusion of Religious/Industrial Lands: A significant scope involves the interpretation of exemptions for public trusts, industrial undertakings, and municipal areas, which diverts such lands from the operation of tenant protection provisions [Dattatraya Sakharam Yeole & others VS Hafeez Munoroddin Haji ].
The Act, particularly its concluding sections (such as Section 81 and related provisions referenced in the text), prescribes penalties for contravention.* Conviction and Penalty: Whoever contravenes any provision specified in the schedules or tables within the Act (often related to unauthorized transfer, termination, or yield calculations) shall, upon conviction, face penalties which may include fines .* Refund of Rent: A specific punitive and remedial measure is provided where rent is recovered in contravention of the Act; such recovered rent must be refunded along with other applicable penalties .* Deterrence against Alienation: Violations regarding the unauthorized sale or transfer of purchased/protected land attract stringent penalties under Section 64(1), aiming to prevent the fragmentation of holdings and loss of tenant protection .
-In this Act, unless there is anything repugnant in the subject or context, - (b)the construction of works for the drainage of land or for the protection of land from floods or from erosion or other damage from water; (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 a appanage to rice or paddy land, for the purpose of rab manure but does not include allied pursuits, or the cutting of wood only:
Provided that in the case of such tracts of land abounding in natural growth of grass as the State Government may, by notification, in the Official Gazette, specify "agriculture" shall include the cutting of grass for any purpose;
(1A) "agricultural labourer" means a person
The provisions of Chapter V of the Transfer of Property Act, 1882 (IV of 1882), shall in so far as they are not inconsistent with the provisions of the Act, apply to the tenancies and leases of land to which this Act applies.
A person lawfully cultivating any land belonging to another persons shall be deemed to be a tanant if such land is not cultivated personally by the owner and if such person is not- (a)a member of the owner's family, or
(b) a servant on wages payable in cash or kind but not in crop share or a hired labourer cultivating the land under the personal supervision of the owner or any member of the owners, family, or
(c)A mortgagee in possession. Explanation I.-A person shall not be deemed to be a tenant under this section if such person has been on an application made by the owner of the land as provided under section 2-A of the Bombay Tenancy Act, 1939 (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 or a
For the purposes of this Act, a person shall be recognized to be a protected tenant, if such person has been deemed to be a protected tenant under sections 3, 3A and 4 of the Bombay Tenancy Act, 1939 (Bom. XXIX 1939), referred to in Schedule I to this Act.
No tenancy of any land (other than tenancy created with the previous sanction of the collector under section 73-AA of the Bombay Land Revenue code, 1879) shall be terminated merely on the ground that the period fixed by agreement or usage for its duration has expired.
(1) for the purposes 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.
(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.
(2) Where the land held by a person consists of two or more kinds of land specified in sub-section (1), an economic holding shall be determined on the basis applicable to the ceilig area under sub- section (2) of section 5.
Explanation-In calculating an economic holding, warkas land shall be excluded.
For the purposes of this Act,- (a)irrigated land, whether perennially or seasonally irrigated, shall not include land irrigated by source other than canals or bandharas within the meaning of the Bombay Irrigation Act, 1879 (Bom. VII of 1879), or any lift irrigation system construted or maintained by the State Government;
(b)seasonally irrigated land shall include alluvail land and land situated in the bed of a river and seasonally flooded by the water of such river.
Notwithstanding anything contained in section 5 and 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 offical 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- (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 :
Provided that the extent of ceiling area shall not be varied so as to increase it if it is already in excess of the ceiling area as determined for the time being under the Gujarat Agri
(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
(1) Subject to the maximum and minimum limits of rent fixed under section 8, the Mamlatdar shall for each village, or goup of villages or for any area in such village or group, within his 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 this sub-section shall not apply to rent payable in accordance with the provisions 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 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 s
(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 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 amount, that is to say:-
(i)the amount of full assessment leviable in respect of such land, (ii) the amount of the cesses mentioned in clauses (b), (c) and (d) of sub section (1) of section 10A
Notwithstanding any law, usage or agreement of 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 tenants.
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 to 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 shall be determined in the prescribed manner.
If any landlord recovers rent from any tenant in contravention of the provisions of section 8, 9, 9A or 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 prescibed by rules made under this Act.
(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,
(b)the irrigation cess in accordance with the provisions of the Bombay Irrigation Act, 1879,
(c)the cess levied under section 93 of the Bombay Local Boards Act, 1923, as amended in Schedule II of this Act and
(d)the cess levied under section 89-B of the Bombay Village Panchayats Act, 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 his under clauses (c) and (d) of sub- section (1) and (ii
(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.
Deleted by Bom. 13 of 1956, sec. 8.
(1) Notwithstanding anything contained in section 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 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 suspend or remit the rent payable by the tenant of such 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 neighbourhood of such land has been suspended or remitted, the Collector shall, subject to the general or special orders of Government, in the ma
(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 the 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, sub-let or assigned the land in contraventions 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 month's notice in writing informing the tenant of his decision to terminate the tenancy and the ground for such termination, and within that period the tenant has failed to remedy the breach for which the tenancy is liable to be terminated.
(2) Nothing in sub-section (1)
Section 14 of the Bombay Tenancy and Agricultural Lands Act, 1948, provides the statutory framework for the termination of tenancy rights of tenants in case of default, ensuring security of tenure while balancing the rights of landlords. It forms a core component of tenancy law in Maharashtra, aimed at regulating landlord-tenant relationships and preventing arbitrary evictions.
Section 14 stipulates that, notwithstanding any law, agreement, usage, or court order, the tenancy of any land shall not be terminated unless certain conditions are met. Specifically:- The tenant has failed to pay rent for a revenue year before May 31 of that year.- The landlord has given a written notice of three months specifying the grounds for termination.- Within that period, the tenant fails to remedy the breach.- The section also provides for proceedings of eviction and the conditions under which a tenancy can be lawfully terminated.
The essential ingredients of Section 14 include:- Default in rent payment for a revenue year.- A valid, written notice of three months from the landlord specifying the grounds.- The tenant's failure to remedy the default within the notice period.- The process must be in accordance with the statutory provisions, regardless of any contrary law or agreement.
Section 14 applies to all tenancies of agricultural land under the Act, establishing a protective regime for tenants against arbitrary eviction. It emphasizes the necessity of proper notice and proof of default. The section also interacts with other provisions like Sections 25 and 29, governing relief and recovery of possession. Its scope extends to:- Default in rent payment.- Termination of tenancy on breach.- Proceedings for eviction initiated by landlords.- The rights of tenants to be protected from wrongful eviction unless statutory conditions are fulfilled.
While Section 14 itself does not prescribe a punishment, violations—such as wrongful eviction or failure to follow due process—can lead to penalties under other provisions of the Act or related laws. For instance, illegal eviction can result in criminal proceedings or civil liabilities. Moreover, landlords who violate statutory procedures may face orders for reinstatement or damages.
Protection of Tenure - Section 14 ensures tenants are protected from arbitrary eviction by requiring strict compliance with notice and default conditions. It balances tenant security with landlord rights. [Source: "CHHAGANBHAI KHUSHALBHAI PATEL VS ZAVERBHAI HATHIBHAI"]
Mandatory Notice - The requirement of a three-month written notice by the landlord is mandatory; without such notice, eviction proceedings are invalid. [Source: "Khando Ganesh Kulkarni VS Bando Ramchandra Mujumdar & others"]
Default in Rent - Default must be in respect of rent for a revenue year; other defaults do not automatically invoke Section 14 unless specified. [Source: "Janrao Jairamji Vidhale VS Devidas Deorao Vyavhare and others "]
Remedy for Tenant - If the tenant remedies the default within the notice period, the tenancy cannot be terminated; this provides a safeguard against wrongful eviction. [Source: "Janrao Jairamji Vidhale VS Devidas Deorao Vyavhare and others "]
Application of Section 14 - The section applies irrespective of any law, agreement, or usage to the contrary, asserting the dominance of statutory provisions in tenancy matters. [Source: "CHHAGANBHAI KHUSHALBHAI PATEL VS ZAVERBHAI HATHIBHAI"]
Interaction with Other Sections - Section 14 interacts with Sections 25 and 29, where Section 25 provides relief against forfeiture, and Section 29 deals with recovery of possession, showing a comprehensive scheme for tenancy regulation. [Source: "Sakharam Balu Bhosale & others VS Vithal Manya Katkari & another"]
Procedural Validity - Proper service of notice, as prescribed, is crucial; notices issued by unauthorized persons or not in accordance with the law are invalid, affecting the validity of eviction proceedings. [Source: "Shripad Yeshwant Kulkarni VS Mahadeo Shankar Jadhav"]
Time Limit for Proceedings - The application for eviction under Section 14 must be made within a specified period, generally within two years from the date of default, emphasizing the importance of timely action. [Source: "AMBALAL RANCHHODDAS VS SHAMJIBHAI LADHABHAI PATEL"]
Legal Effect of Default - Default in rent payment for a single revenue year, if unremedied, can lead to termination of tenancy, but the process must adhere strictly to procedural requirements. [Source: "Raja Ram Mahadev Paranjype VS Aba Maruti Mali"]
Burden of Proof - The landlord must prove default and proper service of notice; the tenant can contest the validity of notices and default allegations. [Source: "Samba Motiram Alone VS Tukaram Mahadeo Chandakar"]
Notice Content - The notice must explicitly state the landlord’s decision to terminate and the grounds; vague or indirect notices are insufficient. [Source: "Khando Ganesh Kulkarni VS Bando Ramchandra Mujumdar & others"]
Legal Effect of Notices by Unauthorized Persons - Notices issued by persons not authorized or not following statutory procedures are invalid, affecting the entire eviction process. [Source: "Shripad Yeshwant Kulkarni VS Mahadeo Shankar Jadhav"]
Legal Precedents - Courts have consistently held that notices not complying with statutory requirements are invalid, and wrongful eviction based on such notices is illegal. [Source: "Sakharam Balu Bhosale & others VS Vithal Manya Katkari & another"]
Reassessment of Evidence - In revisional or appellate proceedings, courts have the power to reappreciate evidence regarding default and procedural compliance, but only when errors are apparent on the face of the record. [Source: "NILAKANTHA DASH VS DHRUBA CHARAN SAHU"]
Error Apparent on Face of Record - An error of law or procedure which is self-evident, such as issuing notices by unauthorized persons, can be corrected under Article 226/227 of the Constitution or revisional jurisdiction. [Source: "GUJARAT STATE ROAD TRANSPORT CORPORATION VS FIROZE M. MOGAL"]
Legal Consequences of Improper Notices - Notices issued without following statutory procedures can vitiate eviction proceedings, leading to their dismissal or quashing. [Source: "Shripad Yeshwant Kulkarni VS Mahadeo Shankar Jadhav"]
Judicial Approach - Courts tend to favor strict adherence to procedural requirements in tenancy laws to prevent abuse and wrongful dispossession. [Source: "Jailaxmi Estate VS STATE"]
Role of Evidence - Courts scrutinize evidence of default, service of notices, and compliance strictly; discrepancies or irregularities can lead to invalid proceedings. [Source: "AMBALAL RANCHHODDAS VS SHAMJIBHAI LADHABHAI PATEL"]
Legal Principle - The law emphasizes that eviction without proper statutory compliance is unlawful, and courts are vigilant to prevent illegal eviction based on defective notices. [Source: "Central Council For Research In Ayurvedic Sciences VS Bikartan Das"]
Limit of Revisional Power - The High Court’s power under Article 227 is to examine legality and correctness, including reappraisal of evidence if errors are apparent, but not to re-assess factual findings unless manifestly erroneous. [Source: "NILAKANTHA DASH VS DHRUBA CHARAN SAHU"]
Legal Effect of Non-Compliance - Non-compliance with procedural requirements, such as service by unauthorized persons or improper notices, constitutes a jurisdictional defect, rendering eviction proceedings invalid. [Source: "Shripad Yeshwant Kulkarni VS Mahadeo Shankar Jadhav"]
Legal Doctrine - The principle that "self-evident errors" can be corrected by courts ensures protection against procedural irregularities that would otherwise facilitate wrongful eviction. [Source: "GUJARAT STATE ROAD TRANSPORT CORPORATION VS FIROZE M. MOGAL"]
Legal Safeguards - Courts uphold the tenant’s rights by insisting on strict compliance with notices and procedural safeguards, preventing eviction based on technicalities or illegal notices. [Source: "Khando Ganesh Kulkarni VS Bando Ramchandra Mujumdar & others"]
Legal Consequence of Illegal Notices - Notices issued without authority or not in accordance with law can lead to the quashing of eviction orders, safeguarding tenant rights. [Source: "Shripad Yeshwant Kulkarni VS Mahadeo Shankar Jadhav"]
Legal Principle in Appellate and Revisional Jurisdiction - Courts can reappreciate evidence and correct errors of law that are self-evident, but cannot substitute their own factual findings unless obvious errors are demonstrated. [Source: "NILAKANTHA DASH VS DHRUBA CHARAN SAHU"]
Summary: The validity of eviction proceedings under Section 14 hinges critically on strict compliance with statutory notice requirements. Any irregularity, especially notices issued by unauthorized persons or not conforming to legal standards, invalidates eviction actions. Courts, in their revisional or appellate jurisdiction, can correct such errors if they are apparent on the face of the record, ensuring the protection of tenant rights and adherence to rule of law.
In conclusion, Section 14 plays a vital role in safeguarding tenants from arbitrary eviction by mandating proper notice and proof of default. Its effective enforcement depends on strict adherence to procedural requirements, and courts remain vigilant in rectifying violations to uphold justice and legality.
(1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, no tenant shall at any time terminate the tenancy in respect of any land by surrendering his interest therein in favour of the landlord.
(2) If a tenant intends to terminate tenancy in respect of any land by surrendering his interest therein, he shall intimate in writing to the landlord and to the Collector to that effect. On receipt of such intimation the Collector shall, after giving an opportunity to the landlord, the tenant and any other person interested in the land to be heard and after holding such inquiry as he deems fit, call upon the tenant to tender to the landlord the rent in arrears within the period specified in the order and pass an order directing that the tenancy shall be terminated and that the land shall vest in the State Government free from all encumbrances as
(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 evictd 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 predecessor-in-title : and
(b)such tenant makes any three defaults in the payment of rent, if any, which he has paying for the use and occupation of such site.
(2) The provisions of sub-section (1) shall not apply to a dwelling house which s situated on any land used for the purposes of agriculture form which he has been evicted under section 31.
(1) If a landlord to whom the site referred to in section 16 belongs, intends to sell such site, the tenant at the expenses of whom or whose predecessor-in-title, a dwalling 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
(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 refuse, or fails to accept the offer and to execute the sale deed within three months from the date other of, 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 for the determination and payment of the price and the issue of a certificate of purchase contained in the next succeeding section shall apply thereto.
(1) On and with effect from such date as the State Government may, by notification in the Official Gazette, sepecify, every tenant referred to in section 16 shall be deemed to have purchased from his landlord the site on which the dwelling house occupied by such tenant, was built, and the land immediately appurtenant thereto and necessary for enjoyment of the dwelling house free from all encumbrances, at the price to be fixed by the Tribunal, being a price not exceeding twenty times the annual rent for the site.
(2)
(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 tenant and to any other person interested in such site to appear before it on the
The provisions of sections 16,17,17A and 17B shall apply- (a)to the dwelling houses and sites thereof occupied by 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.
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 the trees had not been planted.
(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.
Deleted by Bom. 13 of 1956, s. 16
Notwithstanding anything contained in section 123 of the Bombay Land Revenue Code, 1879 (Bom. V of 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.
(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 be a 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 any
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.
(1) Where any tenancy of any land held by any tenant is terminated for payment of rent and the landlord files any proceeding 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 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 if 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, s
If any land is mortgaged by a landlord by way of a usufructrary 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 mortagage was created.
(1) In the absence of an 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 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 therefore in such form and in such manner as may be prescribed.
(1) Save as otherwise provided in section 32-F 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 sharers, as the case may be, according to the share allotted to them,
&n
Save as expessly provided in this Act or as provided in the Bombay Co-operative Societies Act, 1925 (Bom. XXVIII of 1925), or the Bombay Agricultural Debtors Relief Act, 1947 (Bom. 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.
4. Pending applications appeals, revision applications not to be dismissed if filed within period of two years.- If at the date when this Act comes into force Continue... Mamlatdar. The application shall be made in such form as may be prescribed and within a period of two years from the date on which the right to obtain possession of the land or dwelling house is deemed to have accrued to the tenant, agricultural labourer or artisan, as the case may be. Provided that where an application under sub-section (2) is made by a landloard 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-sections (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. (1) A tenant or an agricultural labou
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 these Act.
Save as provided in this Act, the rights or privileges of any tenant under usage or law 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.
(1) Notwithstanding anything contained in sections 14 and 30 but subject to sections 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 purposes.
(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 appl
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 on the date on which it expires has no other land of his own or has not been cultivating 279 personally any other land he shall be entitled to take possession of the land leased to the extent of 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 maintainance.
&
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 a 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 LXII of 1947. 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,or,
(4) if the tenant is a member of a Scheduled Caste or a Scheduled Tribe.
The tenancy of any land left with the tenant after the termination of the tenancy under section 31 or before the commencement of the Amending Act, 1955, under any other law then in force on the ground that the landlord required the land to cultivate personally or for any non-agricultural purpose shall not at any time afterwards be liable to termination again on the ground that the landlord bonafide requires that land for personal cultivation.
If, in consequence of the termination of the tenancy under section 31 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 left with the tenant. (II) Purchase of land by tenants
(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 the 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 fo
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, up to the ceiling area,
(2)in the case of a tenant who holds land as owner below the ceiling area, such part of the land only as will raise his holding to the extent of the ceiling area.
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.
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.
(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 1947).
(2) If the tenancy of the land is attached to a holding or part thereof under section 29A of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 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.
The balance of any land after the purchase by the tenant under section 32 shall be disposed of by sale by the Collector in the manner specified in clause (c) of sub-section (2) of section 32P, and thereupon the provisions of sub-section (5) of section 32P shall apply to such sale.
(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 :
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 lan
(1) Notwithstanding anything contained in the proceeding sections, a person who is a tenant within the meaning of sub-clause (d) of clause (18) of section 2 shall be deemed to have purchased the land in his possession of which he is the tenant, free from all encumbrances subsisting thereon, on the specified date.
(2) The provisions of sections 32 to 32E (both inclusive) and sections 32G to 32R (both inclusive) shall, so far as may be applicable, apply to such purchase.
(1) As soon as may be after the tiller's 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 persons interested therein, to appear before it on the date specified in the notice. The Tribunal shall issue a notice individually to each such tenant, landlord and also, as far as praciticable, other persons calling upon each of them to appear before it on the date specified in the public notice.
(2) The Tribunal shall record in the prescribed manner the statement of the tenant whether he is or is not willing to purchase the land held b
(1) Subject to the additions and deductions as provided in sub-sections (1A) 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;
(
(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 sections 32 to 32E (both inclusive), be deemed to have purchased the land on the tiller's day.
(2) The purchase price thereof shall be determined in the manner provided in clause (ii) of sub-section (1) of section 32-H.
(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.
(4) The provisions of sections 32 to 32H (both inclusive) and sections 32J to 32R (both inclusive), in so far as they may be applicable, shall apply to the purchase of the land by such sub- tenant and payment to be made, to and on behalf, of th
Deleted by Guj. 36 of 1965,s.2
(1) On the determination of the purchase price payable under section 32H, the tenant,- (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 has failed to make the payment within the time specified for any reason beyond his control, the Tribunal may extend the period by a 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 instalment not exceeding twelve with simple interest at the rate of 4-1/2 per cent, per annum o
(1) If a permanent tenant or on his behalf, a sub- tenant fails to deposit the amount of the purchase price as required under section 32-K such amount shall be recoverable as an arrear of land revenue.
(2) If a tenant or sub-tenant of a permanent tenants fail to make payment of any instalment in accorance with the provision of the foregoing sections and the default in payment of which does not render the purchase ineffective under section 32M, the amount of such instalment shall also be recoverable as an arrear of land revenue.
(3) The amount recovered under sub-section (1) or (2) shall be deposited with the Tribunal.
(1) On the deposit of the price in lump sum or of the last instalment of such price, the Tribunal shall issue a certificate of purchase in the prescribed form, to the tenant in respect of the land. Such certificate shall be conclusive evidence of purchase. If a tenant fails to pay the lump sum, within the period fixed under clause (ii) of sub-section (1) of section 32K or is at any time in arrears of four instalments, the purchase shall be ineffective and the land shall be at the disposal of the Collector under section 32 P and any amount deposited by such tenant towards the price of the land shall be refunded to him.
(2) In the case of the purchase of any land by a tenant, which before the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965 (Guj. 36 of 1965) has become ineffective by reason of the failure of the tenant to pay the lu
(1) Where any purchase of land becomes ineffective, the landlord shall be entitled to recover from the tenant the rent of the land as if the land had not been purchased. The amount of rent so recoverable shall be deducted from the amount, if any, to be refunded to the tenant:
Provided that- (a)where the amount of rent exceeds the amount, if any, to be refunded to the tenant, the tenant shall, within three months from the date on which the purchase becomes ineffective, pay to the landlord the amount of rent so in excess, and
(b)where the tenant fails to pay the amount in accordance with clause (a) it shall be recovered from him as an arrear of land revenue and paid to the landlord.
(2) If within three months from the date on which the purchase of any land has become ineffective the landlord
(1) In respect of any tenancy created after the tiller's sY notwithstanding any agreement or usage to the contrary, a tenant cultivating personally shall be deemed to have purchased on the date of expiry of one year from the commencement of such tenancyfrom the landlord the land held by him or such part thereof as will raise the holding of the tenant to the ceiling area.
(2) The provisions of sections 32 to 32N (both inclusive) and of sections 32P, 32Q and 32R in so far as they may be applicable shall apply to the purchase of the land by a tenant under-section (1).
(1) Where the purchase of any land by tenant under section 32 becomes ineffective under the foregoing provisions of this sub-chapter or where the tenant fails to exercise the right to purchase land under section 43-ID within the period specified in that section the Collector may suo motu or on an application made in this behalf and 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, subject to the provisions of sub- sections (2AA) and (2A), Provide- (a) that the tenancy in respect of the land shall be terminated and the tenant be summarily evicted;
(b)
(c) that, the entire land of such portion thereof, as the case may be, notwithstanding that it is a fragment, shall, subject to the terms and conditions
(1) Notwithstanding anything contained in sections 32G and 32P, where before the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965 (Guj. 36 of 1965) (hereinafter referred to in this section as "the said date")-
(i) any land has been at the disposal of the Collector under section 32P on account of the purchase of the land by the tenant thereof having become ineffective under sub-section (3) of section 32G by reason of the tenant failing to appear before the Tribunal or making a statement expressing his unwillingness to purchase the land, and
(ii)the land so at the disposal of the Collector has not been disposed of in the manner provided in sub-section (2) of section 32P, the tenant, if he is willing to purchase the land may make an application in writing to the Tribunal within a per
-(1) Notwithstanding anything contained in sections 32G and 32P, where on or after the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965, (Guj. 36 of 1965),- for a declaration that the purchase has not become ineffective. (i) any land has been at the disposal of the Collector under section 32P on account of the purchase of the land by the tenant thereof having become ineffective under sub-section (3) of section 32G by reason of the tenant failing to appear before the Tribunal or making a statement expressing his unwillingness to purchase the land, and
(ii)the land so at the disposal of the Collector has not been disposed of in the manner provided in sub-section (2) of section 32P- (a) the tenant, if he is willing to purchase the land may make an application in writing to the Tribunal before two months after the commencement of
(1) During an inquiry held under section 32G the Tribunal shall determine any encumbrances lawfully subsisting on the land on the tiller's day.
(2)(a)If the 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 landlord; (ii) where the purchase price is made payable in instalments, the Tribunal shall deduct such amount from such instalments toward 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 instalments, the Tribunal shall deduct such amount as it deems reasonable from the instalments so payable. (b)If the total amount of encumbrance is more than the amount so dete
(1) (a) Where a specified tenant permitted under clause (b) of sub-section (5) of section 32M to deposit with the Tribunal at any time before the end of December 1986 the entire amount of the price of the land or, as the case may be, the unpaid portion of the price, together with the interest, as specified in sub-sections (3) and (4) of section 32M, has failed to deposit with the Tribunal such amount before the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Second Amendment) Ordinance, 1986 (Guj. Ord. 14 of 1986) (hereinafter referred to as "the said date"), the State Goverment shall, not withstanding the expiry of the period specified in clause (b) of sub-section (5) of section 32M, deposit on behalf of such specified tenant, with the Tribunal within a period of twelve months from the said date such amount and 'on depositing such amount with the Tribunal the purchase of land shall be deemed no
If at any time after the purchase of the land under any of the foregoing provisions, the purchaser fails to cultivation 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. (II-A) Termination of tenancy by landlords, and purchase of land by tenants, of lands to which section 88C applies
For the purposes of section 32T and 32U- (i) 'Certified landlord' means a person who holds a certificate issued to him under sub-section (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 the provisions of sections 32 to 32R (both inclusive) do not apply by virtue of sub-section (1) of section 88C.
(hereinafter referred to in section as 'the commencement date'), or (1) Notwithstanding anything contained in section 31 to 31B (both inclusive) but subject to the provisions of this section a certified landlord may, after giving notice and making an application for possession as provided in sub-sections (3) terminate the tenancy of any land leased by him to an excluded tenant, if he bonafide requires such land for cultivating it personally.
(2)(a) The notice may be given and an application may be made by a certified landlord under sub-section (3) notwithstanding that in respect of the same tenancy any application made by him 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 Gujarat Revenue Tribunal on the date of the commencement of the Bo
(1) Notwithstanding anything contain in sub-section (1) of section 88C, but subjct to the provisions of this section 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 held by him as tenant, if such land is cultivated by him personally; and 358
(i)the landlord has not given notice of termination of tenancy in accordance with sub-section (3) of section 32T, or
(ii) the landlord 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 being a person of any of the categories sp
(1) Notwithstanding anything contained in this Act or any other law or any agreement or usage, the tenants holding landsas suchtenants may agree and may 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 1 tenants.
(2) On receipt of the application the Mamlatdar after giving notice to the landlords concerned and after making an inquiry 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 certificate 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 twotenants shall on exchange hold the land on the same terms and
Every person holding land in the charge of more than one Village Accountant whether as owner or tenant or partly as owner and partly as on the 31st day of March 1957, shall within the prescribed period furnish in the prescribed mannar 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.
If, as a result of any redistribution or transfer of land under the provisions of this Act, any area in excess of the economic holding for ceiling area, which a person is entitled to hold under this Act is left over as a fragment, the Collector may, , permit such fragment to remain with either to the holders of the land, having regard to the efficient use thereof for agricultural purposes.
(1) If after the landlord takes possession of the land after the termination of the tenancy under section 31 or 32T he fails to use it for any of the purposes specified in the notice given under section 31 or 32T 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 such possession, the landlord shall forthwith restore possession of the land to the tenant whose tenancy was terminated by him, unless he obtained from the tenant his refusal in wiritng to accept the tenancy on the same terms and conditions or has offered in writing to give possession of the land to the tenant on the same terms and conditions and the tenant has failed to accept the offer wihin three months of the receipt thereof.
(1A) Notwithstanding anything contained in sub-section (1), where in re
Deleted by Bom. 13 of 1956, s. 26.
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.
(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 a charge for maintenance on the profits of such land.
Section 40 of the Bombay Tenancy and Agricultural Lands Act, 1948, deals with the continuation of tenancy rights upon the death of a tenant, establishing the heritability of certain tenancy rights. Its interpretation has been central to numerous cases concerning succession, inheritance, and the rights of heirs of tenants, especially in the context of protected and permanent tenants.
Section 40 provides that when a tenant (excluding permanent tenants) dies, the landlord is deemed to have continued the tenancy on the same terms and conditions with such heir or heirs who are willing to continue the tenancy. It emphasizes the heritability of tenancy rights and the automatic continuation of tenancy in favor of heirs, subject to their willingness.
Section 40 itself does not prescribe any punishment; rather, it provides a legal mechanism for inheritance and continuation of tenancy rights. Violations or non-compliance generally fall under other provisions of the Act, which may involve eviction proceedings or penalties for unlawful possession.
In summary, Section 40 of the Bombay Tenancy and Agricultural Lands Act, 1948, establishes that the hereditary nature of tenancy rights is a statutory incident, ensuring the continuity of tenancy in favor of willing heirs. It is not the source of inheritance but a legal fiction that guarantees the heritability of rights, excluding permanent tenants and emphasizing the importance of the heirs’ willingness to continue the tenancy. Courts have consistently interpreted this section to reinforce tenants' rights across generations, aligning with legislative intent to protect tenant interests.
(1) A 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 the 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 maki
A tenant shall be entitled to erect a farm house on the land held by him as atenant.
(1) No land or any interest there in purchased by a tenant under section 17B, 32, 32F, 32-I, 32-O, 32U, 43-1D or 88E or sold to any person under section 32P or 64 shall be transferred or shall be agreed by an instrument in writing to be transferred, by sale, gift, exchange, mortgage, lease or assignment, without the previous sanction of the Collector and expect in consideration of payment of such amount as the State Government may by general or special order determine; and no such land or any interest, therein shall partitioned without the previous sanction of the Collector. (1A) The sanction under sub-section (1) shall be given by the Collector in such circumstances and subject to such conditions, as may be prescribed by the State Government,
1AA) Notwithstanding anything contained in sub-section (1), it shall be lawful for such tenant or a person to mortgage or create a charge o
Section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948, serves as a critical statutory mechanism designed to prevent the fragmentation of agricultural holdings and ensure that land purchased by tenants under specific sections of the Act (such as Section 32, 32-F, 32-I, etc.) remains within the farming community and cultivator's possession. By imposing a complete bar on alienation without prior sanction, the legislature aims to protect the socio-economic interests of tenant farmers and prevent the fragmentation of land holdings that could jeopardize agricultural productivity. This commentary analyzes the essential ingredients, scope, and judicial interpretations regarding the mandatory nature of this provision, the consequences of violation, and the standing of interested parties.
Section 43 establishes a statutory prohibition on the transfer of agricultural land acquired through specific statutory provisions. It declares that no land purchased by a tenant or sold to any person under specified sections of the Act shall be transferred by sale, gift, exchange, mortgage, lease, or assignment without the previous sanction of the Collector (or authorized officer). Furthermore, such land shall not be partitioned without previous sanction. If such a transfer is executed without obtaining the requisite prior permission, the provision renders the transaction absolutely void and invalid. The price or premium for such transfer is subject to the determination of the State Government.
For the provisions of Section 43 to apply, the following elements must be present:* Existence of a Statutory Purchase: The tenant must have acquired the land under specific sections of the Act (e.g., Section 32, Section 32-G), creating a "statutory purchaser" status upon the Tilters Day, not merely upon full payment of the price [Kagal Education Society Ltd. VS Shrimant Ajitsinghrao Yeshwantrao Ghatge & others].* No Previous Sanction: The tenant has attempted to transfer the land (via sale, gift, mortgage, lease, etc.) without obtaining the specific permission of the Collector/Competent Authority [Saraswati Shamrao Dhere VS Khutub Babu Malani].* Completion of Transfer: There has been an attempt to transfer title or possession, which effectively constitutes a breach of the statutory bar [Parshuram Kathod Gaikar VS Pandu Mahadu Hard and another].* Failure to Pay Premium (if applicable): Where application is made for regularization, failure to pay the determined premium or meet government policy conditions prevents the removal of restrictions [State of Gujarat VS Ratanben Parbhubhai Patel Thro'Poa Rameshbhai Chhelshanker].
The scope of Section 43 is extensive and covers not only the final sale deed but also any agreement for sale, part performance, or assignment of tenancy rights that results in a transfer of interest.* Deemed Purchasers: The restrictions apply from the date the tenant becomes a deemed purchaser (Tilters Day) and not when they obtain a final certificate of ownership, meaning even partial payments trigger the restrictions if a transfer occurs [Kagal Education Society Ltd. VS Shrimant Ajitsinghrao Yeshwantrao Ghatge & others].* Agreements: A mere agreement to sell, even without the immediate execution of a sale deed or delivery of possession, is attracted to Section 43 if it attempts to vest rights in another party, rendering the agreement void under Section 23 of the Contract Act [Himatrao Ukha Mali and others VS Popat Devram Patil and another].* Inheritance and Mutation: Ordinary inheritance or mutation entries do not automatically vest interests that bypass the central restriction; however, specific transfers by statutory purchasers without sanction are strictly void [Sitaram Bhaskar Raut VS Hari Ram Gharat].* Non-Agriculturists: While Section 43 bars unauthorized transfer, Section 63 specifically restricts transfer to non-agriculturists without permission, reinforcing the protective scheme of the Act [AJAYABSINGH GYANSINGH VS STATE OF GUJARAT].
The penalty for contravening Section 43 is severe and automatic:* Invalidity of Transfer: Any transfer made in contravention of Section 43(1) is declared invalid and of no legal consequence [Saraswati Shamrao Dhere VS Khutub Babu Malani].* Resumption of Land: The entire land involved must be resumed by the State Government under Section 84-C(4). The phrase "no land" in Section 43 means that even if only a portion of the land is transferred without sanction, the entire holding reverts to the State Government [Saraswati Shamrao Dhere VS Khutub Babu Malani; 01300017144].* Vesting and Disposal: Once resumed, the land vests in the State Government free from all encumbrances for re-disposal [0040003066].* No Post-Facto Cure: There is no provision for post-facto sanction to validate an invalid transfer; the mandate for "previous sanction" is strict and mandatory [Saraswati Shamrao Dhere VS Khutub Babu Malani].
In this Chapter, unless the context requires otherwise, 'landlord' means a landlord (including a certified landlord within the meaning of section 32S) 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, unmarride daughter, father or mother.
(1) Notwithstanding anything contained in the foregoing provisions of this Act, but subject to the provisions of this section, it shall be lawful to a landlord at any time after the commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965 (Guj. 24 of 1965), to terminate the tenancy of any land and obtain possession thereof, but
(a)of so much of such land as will be sufficient to make up the total land in his actual possession equal to the ceiling area; and
(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 Collector 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
All proceedings for recovery or restoration of possession of land filed under section 31 or 32T by a landlord pending immediately before the commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965 (Guj. 24 of 1965), before a Mamlatdar shall (Subject to any rules made as respects such transfer or any matter incidental thereto) on such commencement, stand transferrred to the Collector, and all such proceedings pending in appeal before the Collector or in revision before the Gujarat 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-IB, or as the case may be, pending in revision before the State Government under section 73-A and be disposed of accordingly.
(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 section 32A, be entitled to purchase from the landlord. (a)where the landlord fails to make an application as required by section 43-IB, the 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-IB.
(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 provisions of section 43-1B; or as the case may be, from the date of the expiry of the period referred to
Nothing in this Chapter shall apply in relation to land which before the commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965 (Guj. of 1965), is purchased by any tenant under the provisions of Chapter III.
(1) The provisions of sections 4B, 8, 9, 9A, 9B, 9C, 10,10A, 14,16, 17, 17A, 17B, 18, 27, 31 to 31D (both inclusive), 32 to 32R (both inclusive),43, 63, 63A, 64 and 56 shall not apply to-
(a) land leased to or held by any industrial or commercial undertaking (other then a Co-operative Society) which in the opinion of the State Government bona fide carries 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 the 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 impr
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 of 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 the growing of which the land is leased; (c)the improvements made in the land by th
Nothing in section 32 to 32R (both inclusive) and 43 shall apply to lands in the areas which on the date of the coming into force of the Amending Act, 1955 are within the limits of:-
(b) a municipal corporation constituted under Bombay Provincial Municipal Corporation Act, 1949. (Bom. LIX of 1949).
(e)a contonment, or
(f)any area included in a Town Planning Scheme under the Bombay Town Planning Act, 1954 (Bom. XXV-II 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, or (save as expressly provided in section 43D), by the Amending Act, 1955, (Bom. XXX-III of 1952) notwithstanding the fact that eit
Section 43(c) of the Bombay Tenancy and Agricultural Lands Act, 1948, is a key provision that restricts the transfer of lands purchased by tenants under the Act. It aims to regulate and prevent unauthorized or illegal transfers, ensuring the protection of tenants' rights and maintaining land reforms. This section has been subject to various judicial interpretations, amendments, and related rules that clarify its scope and enforceability.
Section 43(c) prohibits the transfer of land purchased by a tenant under the Act without prior sanction from the Collector or competent authority. Any transfer made in breach of this provision is deemed invalid. It also stipulates that such unauthorized transfer results in the land being liable for resumption by the State Government under Section 84-C(4).
In summary, Section 43(c) of the Bombay Tenancy and Agricultural Lands Act, 1948, is a strict, mandatory provision designed to regulate land transfers by tenants, prevent unauthorized alienation, and support land reform objectives. Breach of its provisions leads to invalidity of the transfer and possible resumption of land by the State, reinforcing the importance of obtaining prior sanction before any transfer.
(1) In the areas to which section 43C applies notwithstanding anything contained in section 31 to 31D (both inclusive) a landlord may terminate the tenancy of a tenant (other than a permanent) in respect of any land with effect from the 31st day of May of any year by giving the tenant three months' notice in writing, of the landlord bonafide requires the land for any non-agricultural purpose :
Provided that the three months' period of such notice shall expire before the 31st day of May of such year.
(2) The provisions of sections 29, 37 and 39 shall mutatis mutandis apply to the termination of the tenancy of a tenant in respect or any land under sub-section (1).
Notwithstanding any law for the time being in force, useage 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 appears 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 landholder's estate, a notification annauncing 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 be conclusive.
(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 Chapters in respect of the lands held by them on lease.
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 processes, 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 incompetent- (a)to enter in to any contract involving the estate in pecumary liability, (b)to mortgage, charge, lease or alinate the property under management or any part thereof
(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 possessed 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.
(1) From the sums received or recovered under section 47, the Manager shall pay- (i)the costs 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 costs of such improvements of the said estate as he thinks necessary and as approved by the Collector.
(2) The residue shall be retained by the Manager for the liquidation, in the manner hereinafter provided, of the debts and liabilities other than those mentioned in sub-section (1) and also for the repayment,
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.
(1) Every such claimant shall, along with his claim, present full particulars thereof.
(2) Every document on which the claimant finds his claim, or on which he relies in support thereof, shall be delivered to the Manager along with the claim.
(3) If the documents be an entry in any book, the claimant shall produce the book to the Manager, together with 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 inve
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.
The Manager shall inquire into the history and merits every claim received under preceding sections and shall in accordance with the rules to be made under this Act determine the amount of the debts and liabilities, if any, justly due to the several claimants.
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 to be paid thereon, respectively from the date of the final decision thereon, to the date of the payment and discharge thereof.
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 Collect or a schedule of such debts and liabilities, and 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, to partly in one of such ways and partly in the other.
Every liquidation scheme shall further provide for the continuance of the payments 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 of partly in one of such ways and partly in the other.
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 attachment stayed or suspended under section 46 shall be for ever barred;
(ii) every debt or liability due or owning to any person which was provable before the Manager shall be extinguished, and such person shall be entitled to receive under the liquidation scheme the amount, of any, finally awarded to him under the preceding sections in respect of such debt or liability.
(1) if the estate under management or any part thereof be in the possession of a mortgagee or a conditional vendee, 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) If such incumbrance 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 resist 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.
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 sections 32, 32F, 32I or 32O. The decision of the Collector shall be final.
The Manager's receipt for any moneys 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.
(1) If the holder of the estate dies after the publication of the order of management, the management shall continue and proceed in all respects as if the holder were still living.
(2) Any person succeeding to the whole or any part of the estate under management shall, while 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.
The State Government, when it is of opinion that it is not necessary to continue the management of the estate, by order published in the Official Gazatte direct that the said management shall be terminated. On the termination of the said management, the estates 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 estate has been delivered.
The Manager appointed under this Chapter shall be deemed to be a public servant under section 21 of the Indian Penal Code, (XLV of 1860.)
(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 revenues 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 mortagee, or
"(c)no agreement made by an instrument in writing for the sale, gift, exchange, lease or mortgage of any land or interest therein. shall be valid in favour of a person who is not an agriculturist or who being an agriculturist cultivates personally land not less than the ceiling area whether as an owner or tenant or partly as owner and partly as tenant or who is not an agricultural labourer:
-(1) Except as otherwise expressly provided in this Act, the price of any land sold or purchased under the provisions of this Act, shall consist 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 section 55 of the Bombay Land Reveue Code, 1879 (Bom. V of 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, a
(1) Where a landlord intends to sell any 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 instalments not exceeding six carrying simple interest at 4 1/2 percent, 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 anual 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 there
x x x
-(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 asit thinks fit, declare that the management of such land shall be assumed. The declaration so made shall be conclusive.
(1A) The assumption of management of land under sub-section (1) on the ground that the full and efficient use of the land has not been made for the purpose of agriculture shall be for such period as the State Government may, from time to time fix, so, however, that such period shall not exceed ten years in the aggregate.
(2) On the assumption of the management, such land shall v
For the purpose of this Act, in respect of any land which is used by the holder for raising grass or which abounds in natural growth of grass but which, in the opinion of the State Government, is suitable for growing foodcrops, the State Government may, having regard to the extent of the land held by such holder and after determining the requirements of grass for his cattle, declare by notification in the Official Gazette, that the mere raising of grass therein or allowing its natural growth thereon, or in or on any part of such land shall not be deemed to be the full and efficient use of such and for agriculture.
(1) If at any time it appears to the 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 in the public interest, be compulsorily acquired, it shall be lawful for the State Government to public 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 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 determi
(1) If any person (hereinafter called the applicant) desires to construct a water course to take water for thepurpose of agriculture from a source of water to which he is entitled, but such water course is to be constructed through any land which belongs to, or is in possession of, another person (hereinafter called the neighbouring holder), and if no private agreement is arrived at for such construction between the applicant and the neighbouring holder, the person desiring to construct the water course may make an application in the prescribed form to the Mamlatdar.
Explanation.-For the purposes of this Chapter the neighbouring holder shall include the person to whom the land belongs and all persons holding through or under him.
(2) On receipt of the application, if the Mamlatdar, after making an inquiry and after giving to the neighb
If the applicant in whose favour an order under sub- section (2) of section 66A was made- (a) fails to pay the amount of compensation or the amount of the rent, it shall be recovered as an arrear of land revenue on an applicant being made, to the Mamlatdar by the person entitled thereto;
(b)fails to maintain the water course in a fit state of repairs, he shall be liable to pay such compensation as may be determined by the Mamlatdar for any damage caused on account of such failure.
(1) If a person intends to remove or discontinue the water course constructed under the authority conferred on him under section 66A, he may do so after giving notice to the Mamlatdar and the neighbouring holder.
(2) In the event of removal or discontinuance of such water course, the person taking the water shall fill in and reinstate the land at his own cost with the least practibcable delay. If he fails to do so, the neighbouring holder may apply to the Mamlatdar who shall require such person to fill in and reinstate the land.
The neighbouring holder or any person on his behalf shall have the right to the use of any surplus water from the water course on payment of such rates as may be agreed upon between the parties, and on failure of agreement, as may be determined by the Mamlatdar. If a dispute arises whether there is or is no surplus water in the water course, it shall be determined by the Mamlatdar, and his decision shall be final.
(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.
(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):
Provided 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 Courts Act, 1869 (Bom. XIV of 1869), or who is qualified to practise as a lawyer in the State of Gujarat, and
&n
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, 63A or 64;
(c)to decide any dispute under section 32 to 32R (both inclusive);
(d)to perform such other function in carrying out the provisions of this Act, as may be prescribed or as may be directed by the State Government.
(1) The Tribunal shall have the same powers in making inquiries under this Act as are vested in 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 on oath ; and
(c)compelling the production of documents.
(2) The Tribunal shall have also 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.
For the purposes of this Act the followig 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 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;
(e)
(f)to determine the amount of compensation under section 10 for the contravention of section 8, 9, 9A, and 9C;
(h) to determine the amount to be refunded to a tenant under section 13(5);
(i)to determine the amount of compensation for trees to whi
Save as expressly provided by or under this 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 opponents;
(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 applicant's documents, if any, and of his witnesses, and whether such witnesses are to be summoned to attend or whether the applicant will produce them on the day of the hearing ;
(e) such other particulars as may be prescribed.
In all inquiries and proceedings commences on the presentation of application under section 71 the Mamlatdar or the Tribunal shall exercise the same powers as the Mamlatdar's Court under the Mamlatdar's Courts Act, 1906 (Bom. II of 1906), and shall save as provided in section 29 follow the provisions of the said Act as if the Mamlatdar or the Tribunal were a Mamlatdar's Court under the said Act and the application presented was a plaint presented under section 7 of the said Act. In regard to 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.
Where in any taluka or mahal in addition to the Mamlatdar appointed, under section 12 of the Bombay Land Revenue Code, 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 be general or special order, refer to him.
The Collector may, after due notice to the parties, by order in writing transfer any proceeding under this Act pending before a Mamlatdar in his district from such Mamlatdar to any other Mamlatdar in his district and the Mamlatdar to whom the proceedings 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.
(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 one 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 State Government if the other land is in another district.
(2) On receipt of the reference, the Collectoror 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 pro
(1) If in the course of a proceeding under section 32G in respect of any tenant, the Tribunal finds that such tenant holds 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 district, to the State Government if the other land is in another district.
(2) On receipt of the reference the Collectoror 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 sections 32G, 32H, 32I,32K, 32L, 32M, 32N and 32Q
(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 section 21 of the Mamlatdars' Courts Act, 1906 (Bom. 11 of 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 peroid of appeal or, as the case may be, of application for revision as provided in section 79.
(1) for the purpose of an inquiry under sub-section (3A) 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 motu 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
(1) An appeal against the order 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,
(h) an order under section 17,
(i)an order under section 19,
(j)an order under section 20,
(k)an order under section 23,
(l)an order under section 25,
(m)an order under section 29,
&nb
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 Deputy Collector, as the case may be, shall have power to hear and decide the appeal as if it was originally filed to him, or
(b)withdraw any appeal pending before any Assistant or Deputy-Collector and himself hear and decide the same.
(1) An appeal against the award or the Collector made section 66 may be filed to the Gujarat Revenue Tribunal, notwithstanding anything contained in the Bombay Revenue Tribunal Act, 1957 (Bom. XXXI of 1958).
(2) In deciding appeals under sub-section (1) the Gujarat 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, 1957 (Bom. XXXI of 1958) 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 (V of 1908).
(1) Notwithstanding anything contained in the Bombay Revenue Revision Tribunal Act, 1957 (Bom. XXXI of 1958) an application for revision may be made to the Gujarat Revenue Tribunal constituted under the said Act against any order of the Collector except an order under section 32P or an order in appeal against an order under sub-section (4) of section 32G 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 defact in following the procedure provided by this Actor that there has been failure to take evidence or error in appreciating important evidence which has resulted in the miscarriage of justice.
(2) in
Legal Comments
"Scope of Section 76" - Section 76 confers revisional power on the Maharashtra/Gujarat Revenue Tribunal to revise or confirm a Collector’s order on specified grounds (a) contravention of law, (b) failure to determine a material issue of law, or (c) substantial defect in following the procedure or miscarriage of justice due to improper appreciation of evidence, but it is not a general power to reweigh facts. - [Krishnaji Ganesh Unde VS Kaluram Baban Kamthe]
"Limited revisional authority—no unfettered re-appreciation" - The MRT cannot freely re-appreciate or substitute its own findings for those of the final fact-finding authorities; its intervention is restricted to the enumerated grounds and must avoid replacing findings of fact with its own view absent perversity. - [Durgabai Dattajirao Ghatge since deceased by the heirs & others VS Yesaba Santu Kamble since deceased by his heirs and legal representatives & others]
"No travel beyond pleadings" - In its revisional role, the MRT cannot roam beyond the issues pleaded and the record; if the order is perverse or fails the statutory test, it may intervene, but not by reappreciating the entire evidence on its own. - [Laxman @ Bhaiyya Pandurang Edke VS Vishwanath Kashiba Chemte]
"Harmony with Section 73 and finality in execution" - Section 73 grants finality to Collector/execution orders and the MRT’s revisional power under Section 76 must be read harmoniously with Section 73; the MRT cannot revise orders passed by the Collector in execution or on a matter already finalized on appeal from execution. - [Krishnaji Ganesh Unde VS Kaluram Baban Kamthe]
"88-B(2) certificate and finality" - Where a District Deputy Collector issues a certificate under Section 88-B(2) exempting land, the certifying inquiry is final and not subject to revision by the MRT under Section 76; the certificate is conclusive evidence. - [Jagdeorao Anandrao Pawar VS Kisan Namdeo Pawar]
"76-A vs 76: distinct pathways" - Section 76-A provides a revisional avenue for orders passed by the Collector, while Section 76 contemplates Tribunal-led revision against Collector orders; the two provisions operate in different tracks and should be read in light of legislative scheme. - [Jayraj Devidas VS State of Maharashtra]
"Power to correct errors of fact and law" - The MRT may correct errors of law or errors manifest on the face of the record; it may also reverse perverse findings, but must articulate independent reasons and cannot substitute a different permissible view merely because another view is possible. - [Shankar Keshav Chopde (deceased) through L. Rs. VS Dnyanu Babu Shinde (deceased) through L. Rs. ], [SHRIMANT JAGDEORAO ANANDRAO PAWAR VS KISAN NAMDEO PAWAR]
"Another view is not enough; perverse or contrary-to-record findings are required" - Where the Tribunal’s conclusion is contrary to the record or perverse, it may be set aside, but mere availability of another view does not justify reversal of findings; the stated standard is anchored in Maruti Bala and subsequent authority. - [Shankar Keshav Chopde (deceased) through L. Rs. VS Dnyanu Babu Shinde (deceased) through L. Rs. ], [Dinkar Ramchandra Morbale & others VS Mahadu Nathu Warke]
"Limitation—period for revision under 76-A" - The proviso to Section 76-A imposes a one-year bar for exercising revision beyond the order; petitions filed after the prescribed period may be rejected for want of timely invocation of the revisional remedy. - [NAVRANGPURA GAM DHARMADA MILKAT TRUST VS RAMTUJI RAMAJI], [STATE OF GUJARAT VS Amrish Jagmohan Parikh]
"Inherent/procedural review in Gujarat context" - In Gujarat, Section 76 revisional power has been described as circumscribed; while the Tribunal does not possess unlimited power to review its own decisions, there is recognized scope for procedural review and remand to correct course where required by law. - [ATULBHAI BALABHAI PATEL VS STATE], [Keshavlal Laxmandas Patel VS Narsinhbhai Kalidas Patel]
"Deemed tenancy and revision limitations" - When issues involve deemed tenancy or status, the revisional power cannot arbitrarily overturn findings of final fact authorities; the revisional court must avoid re-appreciating evidence to substitute its own factual conclusions, except where perverse or illegal, consistent with the settled standard. - [Anusayabai Ganpati Gaikwad & another VS Baba Tatya Nikam since deceased through L. Rs. & another]
"Rent/landlord-tenant determinations and revisional scope" - Revisions of rent determinations or landlord-tenant status are subject to the same limited scope of Section 76; the MRT cannot decide factual questions anew solely because another view is possible, unless a legal defect or manifest injustice is shown. - [Shankarrao Madhavrao VS K. C. Sen], [SHRIMANT JAGDEORAO ANANDRAO PAWAR VS KISAN NAMDEO PAWAR]
"Procedure and fairness in revisional proceedings" - The MRT’s remit includes correcting serious procedural defects or irregularities that cause miscarriage of justice; remand to proper authorities for further findings on law or fact is a common remedy to preserve legality and fairness. - [RAGHUNATH NARAYAN BOKIL VS VITHAL SAWALA LIMBHORE through his legal heirs MARUTI (BABAN) VITTHAL LIMBHORE], [RAJ MADHAVSANG GULABSANG VS PARMAR RANCHHODBHAI GALABSANG]
"Remand as a corrective tool" - When essential questions of fact (e.g., bona fide necessity, tenancy status) require fresh factual determination, remand to the appropriate subordinate authority is a valid corrective device under the statutory framework. - [NAVRANGPURA GAM DHARMADA MILKAT TRUST VS RAMTUJI RAMAJI], [RAJ MADHAVSANG GULABSANG VS PARMAR RANCHHODBHAI GALABSANG]
"MRT’s jurisdiction versus appellate function" - The Supreme Court has repeatedly emphasized that MRT’s powers are akin to a second appellate mechanism but strictly confined to permissible grounds; it cannot function as a de facto re-appellate authority on all questions of fact. - [Rama Vithal Kalantre since deceased by his heirs & legal representatives & others VS Pandurang Hindurao Patil], [SHRIMANT JAGDEORAO ANANDRAO PAWAR VS KISAN NAMDEO PAWAR]
"Distinction between final orders in execution and revisable orders" - Orders in execution (subject to Section 73 appeals) enjoy finality; revisional jurisdiction under Section 76 is not available to revisit execution orders except as harmonized by legal doctrine. - [Krishnaji Ganesh Unde VS Kaluram Baban Kamthe], [Jagdeorao Anandrao Pawar VS Kisan Namdeo Pawar]
"Case-law trend: limited revisional interference with concurrent factual findings" - Where lower authorities have concurrently found possession or tenancy, MRT’s interference requires a clear legal or procedural fault, not simply a new evidentiary appraisal; interference on mere alternative factual views is generally impermissible. - [Vishnu S/o Gulabrao Sakharea VS Kokilabai Widow Of Jagannath Patil], [Durgabai Dattajirao Ghatge since deceased by the heirs & others VS Yesaba Santu Kamble since deceased by his heirs and legal representatives & others]
"Impact of Mane and Ramachandra/Ram Kirpal line of authority" - The approach to Section 76 is read with the second-appellate standard and procedural review, reinforcing that the MRT cannot substitute its own factual conclusions absent legal error or manifest injustice. - [SHRIMANT JAGDEORAO ANANDRAO PAWAR VS KISAN NAMDEO PAWAR], [ATULBHAI BALABHAI PATEL VS STATE]
Note: Citations refer to the provided sources using their IDs in square brackets.
Where no appeal has been filed within the period provided for it, the Collector may, suo motu or on a reference made in this behalf by the State Government, at any time,- (a)call for the record of any inquiry or the proceeding of the 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,
An application for revision may be made to the State Government against the decision of the Collector in an appeal against an order made under sub-section (4) of section 32G and the State Government may call for the proceedings of the Collector for the purpose of satisfying itself as to the legality or propriety of the decision of the Collector and pass such order as it may think fit."
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, State Government or Gujarat Revenue Tribunal shall bear a court-fee stamp of such value as may be prescribed.
(1) The Collector in appeal and the Gujarat 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 Gujarat Revenue Tribunal or of the State Government 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.
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 sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908 (IX of 1908) shall apply to the filing of such appeal or application for revision : Provided that an appeal against a decision of the Mamlatdar under section 31 or 32F or an order passed by the Tribunal under section 32G before the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Guj. XVI of 1960) may be filed within a period of six months from the date of such commencement.
All inquiries and proceedings before the Mamlatdar, the Tribunal, the Collector, the Gujarat Revenue Tribunal and the State Government shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860).
Notwithstanding anything contained in this Act or any law for the time being in force, no pleader shall be entitled to appear on behalf of any party in any proceedings under this Act before the Mamlatdar, the Tribunal or the Collector : Provided that the Mamltadar, the Tribunal or the Collector may, in the interest of justice for reasons to be recorded in writing, allow the parties to be represented at their own cost by a pleader :
Provided further that pleader's fees shall not be allowed as part of the costs for the appearance of a pleader in any such proceedings:
Provided also that if any officer of Government is appointed or declared by a competent court or is authorised under any law for the time being in force as a guardian, administrator or manager of the property of a person who is under a legal disability or is incompetent or u
(1) Whoever contravenes any provision of any of the section, sub-sections 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 said Table.
Explanation.-The entries in the second column of the said table headed "subject" are not intended as the definitions of offences deseribed in the sections, sub-sections and clauses mentioned in the first column, or even as abstracts of those sections, sub-sections 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 ofsection 11 or sub-section (2) of section 26 or section 29 sha
(1) The State Government may make rules for carrying out the Rules purpose 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;
(e)the fees to be paid for the grant of a certificate and the form of such certificate under su
-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 of officers not below the rank of an Assistant or Deputy Collector all or any of thepowers conferred or functions or duties imposed on it by this Act.
(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 or declared invalid, be liable to suffer, the consequences under section 84 or 84C as the case may be.
Any person unauthorisedly occupying or wrongfully in possession of any land- (a)the transferor acquisition of which either by 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 person, may be summarily evicted by the Collector.
(1) A transfer of any land in contravention of section 63 or 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 (Bom. LXVII of 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 toone per cent of the consideration or 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
(1) Where in respect of a transfer or acquisition of any land made on or after the 15th day of June 1955 and before the commencement of the Amending Act, 1955, the Mamlatdar, suo motu 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 64 as it stood before the commencement of the Amending Act, 1955, or 457
(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 is not invalid.
&
Where in respect of the transfer or acquisition of any land made on or after the commencement of the amending Act, 1955, the Mamlatdar suo motu 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 is not invalid. (2) If after holding such inquiry, the Mamlatdar comes to a conclusion that the transfer or acquisition of land to be invalid, he shall make an order declaring the transfer or acquisition to be invalid,unless the parties to such transfer or acquisition give an undertaking in writing that within a period of three months from such date as the Mamlatdar may fix, they shall restore the land along with the rights and interest therein to the position in which it
(1) Where any person who had surrendered his tenancy in respect of any land or part thereof at any time after 31st March, 1957 but before 5th December, 1972, the date of the publication in the Official Gazette of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Bill, 1972 (hereinafter referred to as the latter date) and had continued to remain in actual possession, with or without the consent of the landlord, of such land or, as the case may be, part thereof till the latter date had been dispossessed of such land or part thereof by the landlord at any time during the period between the latter date and the specified date, and the Mamlatdar suo motu or on the application of the person so dispossessed or of any other person interested in such land or part thereof has reason to believe that such dispossession was effected in anticipation in order to defeat the object of section 32 FF, the the Mamlatdar shall issue a
(1) Where any land has become liable to be disposed of under section 32P, section 37 or section 84C and the Collector or, as the case may be, the Mamlatdar considers that such disposal is likely to take time and that with a view to preventing the land remaining uncultivated it is necessary to take such a step, he 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 liabl
Section 84(d) of the Bombay Tenancy and Agricultural Lands Act, 1948 (BTAL Act) is a crucial provision that deals with the summary eviction of unauthorized occupants or persons wrongfully in possession of agricultural land. It aims to protect the rights of lawful tenants and landowners by providing a streamlined process for eviction in cases of unlawful occupation.
Section 84(d) authorizes the eviction of any person who is unauthorizedly occupying or wrongfully in possession of land. The section facilitates summary eviction proceedings, bypassing lengthy legal processes, to restore lawful possession of land to the rightful owner or tenant.
Note: The references are based on the provided sources, which discuss various aspects of the Bombay Tenancy and Agricultural Lands Act, 1948, and related provisions.
(1) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Mamlatdar or Tribunal, a Manager, the Collector, the Gujarat Revenue Tribunal or the State Government 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 Gujarat 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 Court Act, 1906.
. (1) If any suitinstituted, whether before or after the specified date, 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 Mamlatdar's Court constituted under the
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.
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.
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.
(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;
(aa)to lands held or leased by a local authority;
(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 :
Provided that if after a notification in respect of any area specified in the notification is issued under this clause, whether before or after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965, the limits of the area so specified are enlarged on account of the addition of any other area thereto, then
Deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
Nothing in the foregoing provisions shall apply to land transferred to or by a Bhoodan Samiti recognized by the State Government in this behalf.
(1) Nothing in the foregoing provisions, except sections 3, 4B, 8, 9, 9A, 9B, 9C, 10, 10A, 11, 13 and 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 the sections mentioned above, shall apply-
(a)to lands held or leased by a University, established by law in the Bombay area of the State of Gujarat; and
(b)to lands which are the property of a trust for an educational purpose a hospital, Panjrapole, or Gaushala;
(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 :- maintenance of water works, lighting or filling of water throughs for cattle :
(1) Save as otherwise provided by the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Guj. XVI of 1960), nothing in sections 32 to 32R (both inclusive) shall apply to lands 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 not 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 :
&n
Notwithstanding anything contained in this Act, a tenant who does not belong to any of the Scheduled Tribes shall not, after the commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 (Guj. 37 of 1980) be entitled to purchase from the land lord under this Act any land leased to him with the previous sanction of the Collector under section 73-AA of the Bombay Land Revenue Code, 1879, (Bom. V of 1879). Explanation.-For the purpose of this section "Schedule 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 Gujarat under article 342 of the Constitution.
Nothing in sections 32 to 32R (both inclusive) shall apply to land held as inani or watan for service useful to Government but not assigned as remuneration to the person actually performing such service for the time being under section 23 of the Bombay Hereditary Offices Act, 1874, (Bombay III of 1874) or any other law for the time being in force.
(1) Notwithstanding anything contained in sections 88, 88A, 88B and 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 transferees 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 tenants, and,
(iv) in the case of lands referred to in section 88C, that the annual in
(1) Notwithstanding anything contained in section 88B, with effect on and from the specified date lands which are the property of an institution for public religious worship shall cease to exempted from those provisions of the Act except sections 31 to 31D (both inclusive) from which they were exempted under Section 88B and all certificates granted under that section in respect of such lands shall stand revoked. (2) Where any such land ceases to be so exempted, then in the case of a tenancy subsisting immediately before the specified date the tenant shall be deemed to have purchased the land on the specified date and the provisions of sections 32 to 32R (both inclusive) shall so far as may be applicable, apply. Explanation.-In this section "specified date" means the date of the commencement of the Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat 16 of 1969.)
(1) The eanctment specified in Schedule 1 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 section 59 of the Bombay Land Revenue Code, 1879 (Bom V of 1879) or sections 6 and 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, accured 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 or anything done or suffered before the commencement of this Act, and any such pro
The enactments specified in Schedule II shall be amended to the extent mentioned in the fourth column thereof.
Enactment repealed
Year No. Short title Extent of repeal
1 2 3 4
1939 XXIX The Bombay The whole except sections 3, 3-A and
Tenancy Act, 4 as modified in the following manner,
1939. namely : -
3. Protected tenants. - A tenant
shall be deemed to be a protected
tenant in respect of any land if -
(a) he has held such land continuously
for a period of not less than six
Year No. Short title Extent of amendment
1 2 3 4
1879 V The Bombay (1A) In section 80, for the words
Land Revenue 'though non-payment by the occupant
Code, 1879. 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
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 Tenure 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 Sa
Deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960
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