Use our app for the best experience
Available for Android & iOS
Maharashtra Tenancy and Agricultural Lands Act.
For the purposes of this Act the following shall be the duties and functions to be performed by the Mamlatdar:-
(a) to decide whether a person is an agriculturist;
(b) to decide whether a 1[person is, or was at any time in the past, a tenant] or a protected tenant 2[or a permanent tenant];
3[(c) to determine the rates of rent under section 9;
(d) to decide dispute regarding class of land under section 9A];
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 opponent;
(b) a short description and situation of the property of which possession is sought, or the amount of the claim, as the case may be;
(c) the circumstances out of which the cause of action arose;
(d) a list of the applicant’s documents, if an
In all inquires and proceedings commenced on the presentation of applications 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 1[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 2[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.
1[72AA. Distribution of business amongst Mamlatdars.- Where in any taluka or mahal, in addition to the Mamlatdar appointed under section 12 of the Bombay Land Revenue Code, 1879 (Bom. V of 1879) or as the case may be, in addition to the Mahalkari appointed under section 13 of the said Code one or more officers are appointed by the State Government to perform the duties of a Mamlatdar under this Act in such taluka or mahal, each such officer shall dispose of such inquires or proceedings commenced under section 71 as the Mamlatdar or as the case may be, the Mahalkari, subject to the control of the Collector, may by general or special order, refer to him.]
1[72A. Power of Collector to transfer proceedings.- 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 proceeding is so transferred shall thereupon exercise jurisdiction under this Act in such proceeding :
Provided that any order issued to village officers under sub-section (2) of section 73 shall be issued by the Mamlatdar to whom such village officers are subordinate].
3[72B. Application for possession of land made to different Mamlatdars to be heard by designated Mamlatdar.- (1) If in the course of the hearing of an application for possession of any land made by a landlord under section 29, the Mamlatdar of 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 Divisional Officer if the other land is in another district, and to the State Government if the other land is in another division.
(2) On receipt of the reference, the Collector or the Divisional Officer or the State Government, as the case may be, shall-
(a
(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, and to the Divisional Officer, if the other land is in another district and to the State Government if the other land is in another division.
(2) On receipt of the reference, the Collector or the Divisional Officer or the State Government, as the case may be, shall-
(a) call for the details of such land in the prescribed form from the Tribunal within whose jurisdiction the land is situate;
(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 Mamlatdar’s Courts Act, 1906 (Bom. II of 1906), as if it was the decision of the Mamlatdar under the said Act :
1[Provided that such order shall not be executed till the expiry of the period of appeal 2[or, as the case may be, of application for revision as provided] in section 79].
3[(3) An order or decision of the Mamlatdar
1[73A. Powers to Collector in inquiries under sub-section (3A) of section 29; provision as respects revision and execution of orders.- (1) For the purposes 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 (V of 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.
(1) An appeal against the orders of the Mamlatdar and the Tribunal may be filed to the Collector in the following cases-
(a) an order under section 4,
1*****
2**
1[74A. Powers of Collector to transfer and withdraw appeals.- The Collector may, after due notice to the parties, by order in writing-
(a) transfer any appeal pending before him or before any Assistant or Deputy Collector subordinate to him to any Assistant or Deputy collector specified in such order, performing the duties and exercising the powers of a Collector and upon such transfer the Assistant Collector or the 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 of the Collector made under section 66 may be filed to the 1[Maharashtra Revenue Tribunal], notwithstanding anything contained in the Bombay Revenue Tribunal Act, 1939 (Bom. II of 1939)2.
(2) In deciding appeals under sub-section (1), the 3[Maharashtra Revenue Tribunalic6563 shall exercise all the powers which a court has and 4[subject to the regulations framed by such Tribunal under the Bomaby Revenue Tribunal Act, 1939 (Bom. II of 1939)5,] 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 Tribunal Act, 1939,1 an application for revision may be made to the 2[Maharashtra Revenue Tribunal] constituted under the said Act against any order of the Collector
on the following grounds only :-
(a) that the order of the Collector was contrary to law;
(b) that the Collector failed to determine some material issue of law; or
(c) that there was a substantial defect in following the procedure provided by this Act, which has resulted in the miscarriage of justice.
(2) In deciding a
1[76A. Revisional powers of Collector.- 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 Divisional Officer or the State Government, at any time,-
(a) call for the record of any inquiry or the proceedings of any Mamlatdar or Tribunal for the purpose of satisfying himself as to the legality or propriety of any order passed by, and as to the regularity of the proceedings of such Mamlatdar or Tribunal, as the case may be, and
(b) pass such order thereon as he deems fit :
Provided that 2[no such record shall be called for after the expiry of one year from th
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 of 1[Maharashtra Revenue Tribunal] shall bear a court-fee stamp of such value as may be prescribed.
(1) The Collector in appeal and the 1[Maharashtra Revenue Tribunal] in appeal under section 75 and in revision under section 76 may confirm, modify or rescind the order in appeal or revision or its execution or may pass such other order
as may seem legal and just in accordance with the provisions of this Act.
(2) The orders of the Collector in appeal or of the 2[Maharashtra Revenue Tribunal] in appeal or revision shall be executed in the manner provided for the
execution of the orders of the Mamlatdar and Tribunal under section 73.
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 filling of such appeal or
application for revision :
1[Provided that, an appeal against an order passed by 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
(Amendment) Act, 1960 (Mah. IX of 1961), 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 and the 1[Maharashtra Revenue Tribunal] shall be deemed to be judicial
proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal
Code (XLV of 1960).
[Pleaders etc., excluded from appearance] Deleted by Mah. 8 of 1963, s. 7.
(1) Whoever contravenes any provision of any of the sections, 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 described 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.
(1) The 1[State] Government may make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for the following matters :-
2[(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];
83. Delegation of powers 1[and duties].- The 2[State] Government may, subject to such restrictions and conditions as it may impose, by notification in the Official Gazette, delegate to any of its officers not below the rank of an Assistant or Deputy Collector, all or any of the 3[powers conferred or duties imposed] on it by the Act.
1[83A. Restrictions on acquiring land by transfer which is invalid.- (1) No person shall acquire land by transfer, where such transfer or acquisition is invalid under any of the provisions of this Act.
(2) Any person who acquires land in contravention of sub-section (1) shall, in the event of the transfer or acquisition being decided to be or declared invalid, be liable to the consequences in section 84 or 84C, as the case may be.]
Any person unauthorisedly occupying or wrongfully in possession of any land-
(a) the transfer 1[or 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 said provisions and the said provisions do not provide for the eviction of such persons,
may be summarily evicted by the Collector.
1[84A. Validation of transfers made before appointed day.- (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 to 2[one 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 tha
(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
(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 t
(1) 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 is invalid, he shall make an order declaring the transfer or acquisition to be invalid :
1[Provided that, where the transfer of land was made by the landlord to the tenant of the land and area of the land so tran
1[84CC. Disposal of land, transfer or acquisitions of which is invalid for breach of conditions.- (1) Where the Collector suo motu or on an application made to him in this behalf has reason to believe that there has been a breach of any of the conditions subject to which permission to transfer land was granted under section 63, he shall issue a notice and hold an inquiry and after giving an opportunity of being heard to the person in whose favour such transfer was made, decide whether there has been any breach of condition of transfer and on his holding in the affirmative, make an order declaring the transfer to be invalid unless he hold that the breach was occasioned for reason beyond the control of such person.
(2) On making an order under sub-section (1), the land shall stand forfeited and transferred to, and shall vest without further assur
1[84D. Temporary leases of land liable to be disposed of under section 32P or 84C.- (1) Where any land has become liable to be disposed of under section 32P or 84C, and the 2[Tribunal] 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, 3[the Tribunal, or the Mamlatdar may lease the land,] for cultivation to any agriculturist who has under personal cultivation land less than the ceiling area, subject to the following conditions :-
(i) the lease shall be for a period of one year;
(ii) the lessee shall pay rent at the rate fixed by the Mamlatdar and appl
(1) No Civil Court shall have jurisdiction to settle, decide or deal with any question 1[(including a question, whether a person is or was at any time in the past a tenant and whether any such tenant is or should be deemed to have purchased from his landlord the land held by him)] which is by or under this Act required to be settled, decided or dealt with by the Mamlatdar or Tribunal, a Manager, the Collector or the 2[Maharashtra Revenue Tribunal] in appeal or revision or the 3[State] Government in exercise of their powers of control.
(2) No order of the Mamlatdar, the Tribunal, the Collector or the 4[Maharashtra Revenue Tribunal] or the 5[State] Government made under this Act shall be questioned in any Civil or Criminal Court.
Explanation.- For the pur
1[85A. Suits involving issues required to be decided under this Act.- (1) If any suit instituted in any Civil Court involves any issues which are required to be settled, decided or dealt with by any authority competent to settle, decide or deal with such issues under this Act (hereinafter referred to as the "competent authority"), the Civil Court shall stay the suit and refer such issues to such competent authority for determination.
(2) On receipt of such reference from the Civil Court, the competent authority shall deal with and decide such issues in accordance with the provisions of this Act and shall communicate its decision to the Civil Court and such court shall thereupon dispose of the suit in accordance with the procedure applicable thereto.
Explanation.- For the purpose of this se
In all matters connected with this Act, the 1[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.
1[87A. Saving in respect of provisions of Land Tenures Abolition Act.- Nothing in this Act shall affect the provisions of any of the Land Tenures Abolition Acts, specified in Schedule III to this Act, in so far as such provisions relate to the conferment of right of an occupant in favour of any inferior holder or tenant in respect of any land held by him.]
Section 88B of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (originally the Bombay Act) serves as a critical legislative exception designed to protect the property rights of specific public bodies against the operation of tenancy laws that otherwise granted ownership to tenants. Enacted alongside the amendments redefining tenancy rights on "Tillers' Day" (April 1, 1957), this section allows lands belonging to certain trusts, local authorities, universities, and institutions to remain exempt from provisions transferring title to tenants. However, this exemption is conditional, requiring strict adherence to registration standards and income appropriation criteria, and is not absolute, as the State retains the power to withdraw exemptions under Section 88D.
The primary objective of Section 88B is to carve out specific categories of land from the general mandate of the Tenancy Act, which seeks to transfer agricultural land from landlords to tillers.* Scope of Exemption: It exempts lands held by local authorities, universities, and lands owned by trusts for specific purposes (educational institutions, hospitals, Panjarapoles, Gaushalas, or institutions for public religious worship).* Conditions: The exemption is not automatic. It applies subject to two provisos: 1. The trust must be registered or deemed to be registered under the Bombay Public Trusts Act, 1950 (or Maharashtra Public Trusts Act). 2. The entire income from such lands must be appropriated for the specific purposes of the trust.* Certificate of Entitlement: A certificate issued by the Collector after an inquiry serves as conclusive evidence that the conditions are met [Govind Narayan Mehetar VS Ramji Devsthan Trust].* Non-Appearance of Other Sections: Upon grant of this exemption, specific sections of the Act (such as 3, 4B, 8, 9, etc.) continue to apply, while others (like those granting ownership to tenants under Section 32) are inapplicable to these exempted lands [Jagannath Vithu Jadhav Since deceased through Lrs. VS State of Maharashtra].
For a trust or authority to successfully claim exemption under Section 88B, the following ingredients must be rigidly satisfied:
The scope of Section 88B encompasses two distinct dimensions: the exemption of land from ownership transfer and the jurisdictional implications for Civil Courts.
The provided source text primarily contains civil jurisprudence and does not list specific penal clauses or punishments (such as imprisonment or fines) for violating Section 88B itself. Violations generally relate to disputes over civil rights—specifically, the invalidity of tenant purchases or the maintainability of possession suits.* Consequences of Non-Qualification: If a trust fails to meet the conditions (e.g., income not appropriated or registration absent), the exemption does not apply, and the tenant is deemed to have purchased the land. There is no specific statutory penalty; rather, the remedy is the dismissal of the trust's claim for possession or the confirmation of the tenant's ownership [CHHATRAPATI CHARITABLE DEVASTHAN TRUST VS PARISA APPA BHOSKE].* Withdrawal of Exemption: While not a "punishment" in the penal sense, Section 88D empowers the State Government to withdraw the exemption if the trust mismanages the property, has disputes with tenants, or if non-agricultural development is prospecting the land. Upon withdrawal, the tenant gains the right to purchase the land [Nivrutti Gangaram Pawar, since deceased VS Dinkar Matuti Jadhav].* Jurisdictional Errors as Errors of Law: While a Civil Court lacks jurisdiction to question a valid 88B certificate due to its conclusive nature (Rule of Evidence), if jurisdictional facts (like ownership existence) are flawed, Civil Courts can review the validity because the certificate was issued without a title base, rendering the exemption legally void ab initio [LAXMAN SIDDU POTE VS GOVINDRAO KORGAONKAR DHARMADAYA SANSTHA].
(1) If after the landlord takes possession of the land after the termination of the tenancy 1[under section 31], 2[33B or section 34 of this Act as it stood immediately before the commencement of the Amending Act, 1956] he fails to use it for any of the purposes specified in the notice given under 3[section 31], 4[33 B or section 34 of this Act as it stood immediately before the commencement of the Amending Act, 1956] within one year from the date on which he took possession or ceases to use it at any time for any of the aforesaid purposes within twelve years from the date on which he took such possession, the landlord shall forthwith restore possession of the land to the tenant whose tenancy was terminated by him, unless he has obtained from the tenant his refusal in writing to accept the tenancy on the same terms and conditions or has offered in writing to give possession of the land to the ten
[Circumstance in which landlord shall be deemed to cultivate personally]. 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[40. Continuance of tenancy on death of tenant.- (1) Where a tenant (other than a permanent tenant) dies, the landlord shall be deemed to have continued the tenancy on the same terms and conditions on which such tenant was holding it at the time of his death, to such heir or heirs of the deceased tenant as may be willing to continue the tenancy.
(2) Where the tenancy is inherited by heirs other than the widow of the deceased tenant, such widow shall have a charge for maintenance on the profits of such land].
(1) A 1** tenant who has made an improvement on the land held by him shall, if his tenancy is terminated under the provisions of this Act, be entitled to compensation for such improvement. For determining the amount of the compensation the tenant shall apply to the Mamlatdar in the prescribed form.
(2) The compensation to which a tenant shall be entitled under sub-section (1) shall be 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;
42. 1** Tenants right to erect farm-house.- A 2** tenant shall be entitled to erect farm-house on the land held by him as a 3** tenant.
1[43. Restriction on transfer of land purchased or sold under this Act.- (1) No land purchased by a tenant under section 32, 32F, 2[32I, 32O, 3[33C or 43-ID] ] or sold to any person under section 32P or 64 shall be transferred by sale, gift, exchange, mortgage, lease or assignment 4*** without the previous sanction of the Collector, 5[Such sanction shall be given by the Collector in such circumstances, and subject to such conditions, as may be prescribed by the State Government :
Provided that, no such sanction shall be necessary where the land is to be mortgaged in favour of Government or a society registered or deemed to be registered under the 6Bombay Co-
(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 Tenancy and Agricultural Lands Laws (Amendment) Act, 1964 (Mah. XXXIX of 1964), to terminate the tenancy of any land and obtain possession thereof, but-
(a) of so much of 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 joint family, only to the extent of his share in the land (not exceeding the ceiling area) held by the joint family, provided that, the Mamlatdar on inquiry is satisfied that such share has (regard being had to the ar
All proceedings for recovery or restoration of possession of land filed under section 31 or 33B by a landlord pending immediately before the commencement of the Tenancy and Agricultural Lands Laws (Amendment) Act, 1964 (Mah. XXXIX of 1964), before a Mamlatdar shall (subject to any rules made as respects such transfer or any matter incidental thereto) on such commencement, stand transferred to the Collector and all such proceedings pending in appeal before the Collector or in revision before the Maharashtra Revenue Tribunal shall be deemed to have been instituted for restoration of the land before the Collector under section 43-1B, or as the case may be, pending in revision before the State Government under section 73A 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 43-1B, the entire land so held by him, and
(b) in any other case, such part of the land held by the tenant as is left with him after the termination of tenancy under section 43-1B.
(2) The right to purchase land under sub-section (1) shall be exercised within one year from the da
Nothing in this Chapter shall apply in relation to land, which before the commencement of the Tenancy and Agricultural Lands Laws (Amendment) Act, 1964 (Mah. XXXIX of 1964), is purchased by any tenant under the provisions of Chapter III].
1[Nothing in sections 31] to 32R (both inclusive) 2[33A, 33B, 33C] and 43 shall apply to lands in the areas within the limits of-
(a) Greater Bombay,
(b) a municipal corporation constituted under 3the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949),
(c) a municipal borough constituted under the Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925),
(d) a municipal district constituted under the Bombay District Municipal Act, 1901 (Bom. III of 1901).
1[Termination of tenancy.] Deleted by Mah. 10 of 1977, s. 3.
Notwithstanding any law for the time being in force, usage or custom or the terms of contract or grant, when the 1[State] Government is satisfied that on account of the neglect of a landholder or disputes between him and his tenants, the cultivation of his estate has seriously suffered, or when it appear to the 2[State] Government that it is necessary 3[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, notification announcing such intention shall be published in the Official Gazette, and the Collector shall cause notice of the substance of such notification to be given at convenient places in the locality where the estate is situated. Such notification shall be conclusive.
1[(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 2[State] Government. Such management shall be deemed to commence from the date on which the notification is published and the 3[State] Government shall appoint a Manager to be in charge of such estate.
4[(2) Notwithstanding the vesting of the estate in the State Government under sub-section (1), the tenant holding the lands on lease comprised in the estate shall, save as otherwise provided in this Chapter, continue to have the same right and shall be subject to the same obligations, as they have or are subject under the preceding Chapter in respect of the lands held by them on lease].
On the publication of the notification under section 44, the following consequences shall ensure :-
(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 liablilities shall be suspended;
(2) So long as the management continues no fresh proceedings, proceesses, 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-
(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 1[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
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 founds his claim, or on which he
relies in support thereof, shall be delivered to the Manager along with the claim.
(3) If the document be an entry in any book, the claimant shall produce the
book to the Manager, together with a copy of the entry on which he relies. The
Manager shall mark the book for the purpose of identification, and after examining
and comparing the copy with the original, shall return the book to the claimant.
(4) If any document in possession or under the control of the claimant is not
delivered or produced by him to the Manager along with the claim, the Manager
may refuse to receive such document i
Every such claim other than the claim of the 1[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 of every claim
received under preceding section 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 1[Government] has been finally determined, the Manager shall
prepare and submit to the Collector a schedule of such debts and liabilities, and
a scheme (hereinafter called the liquidation scheme) showing the mode in which it is proposed to pay and discharge the same, whether from the income of the property
under management, or with the aid of funds raised under the powers hereinafter
conferred, or partly in one of such ways and partly in the other.
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 or 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 1[State] Government
may from time to time by rule direct; and thereupon-
(i) all proceedings, processes, executions and attachments stayed or
suspended under section 46 shall be forever barred;
(ii) every debt or liability due or owning 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, if 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 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 incumbrancer refuses or neglects to obey such order, the Manager
may, without resorting to a Civil Court, enter upon the property and summarily evict
therefrom the said incumbrancer or any other person obstructing or resisting on
his behalf.
(3) Nothing in this section shall be held to affect the right of any incumbrancer
to receive under the liquidation scheme the amount, if any, awarded to him under
this Act.
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 1[or unless
such sale is in favour of 2[a tenant under section 32, 32F, 32I or 32O.]] The decision
of the Collector shall be final.
The Manager's receipts 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
managment 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 1[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 Gazette,
direct that the said management shall be terminated. On the termination of the said
management, the estate shall be delivered into the possession of the holder or, if he
is dead, of any person entitled to the said estate together with any balances which
may be due to the credit of the said holder. All acts done or purporting to be done
by the Manager during the continuance of the management of the estate shall be
binding on the holder or to any person to whom the possession of the 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.
(1) Save as provided in this Act-
(a) no sale (including sales in execution of a decree of a Civil Court or for
recovery of arrears of land revenue or for sums recoverable as arrears of land
revenue), gift, exchange or lease of any land or interest therein, or
(b) no mortgage of any land or interest therein, in which the possession of
the mortgaged property is delivered to the mortgagee,
shall be valid in favour of a person who is not an agriculturist 1[or who being
an agriculturist 2[will after such sale, gift, exchange, lease or mortgage, hold land
exceeding two thirds of the ceiling area determined under the Maharashtra
Agricultural Lands (Ceiling o
1[63-1A. Transfer to non-agriculturist for bona-fide industrial use.- (1) Notwithstanding anything contained in section 63, it shall be lawful for a person to sell land, without permission of the Collector, to any person who is or is not an agriculturist and who intends to convert the same to a bona fide industrial use 2[or for Integrated Township Projects, as the case may be,] where such land is located within,-
3[(i) the agricultural zone of a draft or final Regional Plan or draft or final Town Planning Scheme, as the case may be, prepared under the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) or any other law for the time being in force, and plans or schemes and the development control regulations or rules framed under such Act or any of such laws for the
1[63A. Reasonable price of land for the purpose of its sale and purchase.- (1) Except as otherwise expressly provided in this Act, the price of any land sold or purchased under the provisions of this Act shall 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 Revenue 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 la
1[64. Sale of agricultural land to particular person.- (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 per cent. per annum :
Provided that, in the case of sale of the land in favour of a permanent tenant when he is in possession thereof, the price shall be at six times the annual rent.
(2) After the Tribunal has determined the reasonable price, the landlord shall simultaneously in the prescribed manner make an offer-
1[64A. Exemption to sales by or in favour of co-operative societies.- Nothing in sections 63 and 64 shall apply to sales effected by or in favour of a co-operative society under the Bombay Co-operative Societies Act, 1925 (Bom. VII of 1925).]
(1) If it appears to the 1[State] Government that for any two consecutive years, any land has remained uncultivated 2[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 3[State] Government may after making such inquiry as it thinks fit, declare that the management of
such land shall be assumed. The declaration so made shall be conclusive.
(2) On the assumption of the management, such land shall vest in the 4[State]
Government during the continuance of the management and the provisions of Chapter
IV shall mutatis mutandis apply to the said land :
5[Provided that the Manager may in suitable cases give such land on lease at
ren
(1) If at any time it appears to the 1[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 2[State] Government to publish a notification to that effect in the Official Gazette. The notification so published shall be conclusive that the estate, land or interest is needed to be acquired in public interest.
(2) On the publication of the notification, the Collector shall cause publicity to be given to it at convenient places in the locality and also give notices to the holder of the estate, land or interest and to all persons known or believed to be interested therein.
(3) The Co
It shall be the duty of the Tribunal-
(a) to determine the value of the site of a dwelling house under section 17;
1[(b) to determine the purchase price of land under section 32G, 63A or 64;
(c) to decide any dispute under sections 32 to 32R (both inclusive);]
2[(cc) to dispose of land under section 32P];
(d) to perform such other functions in carrying out the provisions of this Act, as may be prescrib
(1) The Tribunal shall have the some 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.
The tenancy of any land left with the tenant after the termination of the tenancy under section 31 shall not at any time afterwards be liable to termination again on the ground that the landlord bona fide requires that land for personal cultivation.
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.
1[(1)] On the first day of April 1957 (hereinafter referred to as "the tillers day") every tenant shall, 2[subject to the other provisions of this section and the provisions of] the next succeeding section, 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
A tenant shall be deemed to have purchased land under section 32-
(1) in the case of a tenant who does not hold any land as owner but holds land as tenant in excess of the ceiling area, upto the ceiling area;
(2) in the case of a tenant who holds land as owner below the ceiling area, such part of the land 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 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[(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 2Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947).
3[(2) If the tenancy of the land is attached to a holding or part thereof under section 29A of the 4Bombay 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 in the manner laid down in section 15 as if it were land surrendered by the tenant.
(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, 1*** 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 2[and for enabling the tenant to exercise the right of purchase, the landlord shall send an intimation to the tenant of the fact that he has attained majority, before the expiry of the period during which such landlord is entitled to terminate the tenancy
under section 31] :
(1) As soon as may be after the tillers day the Tribunal shall publish or cause to be published a public notice in the prescribed form in each village within its jurisdiction calling upon-
(a) all tenants who under section 32 are deemed to have purchased the lands,
(b) all landlords of such lands, and
(c) all other 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 practicable, other persons calling upon each of them to appear before i
1[(1) Subject to the additions and deductions as provided in subsections (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;
(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 32H.
(3) Out of the purchase price payable by such sub-tenant the amount equal to six times the rent shall, in lump sum, be payable to the owner and the balance shall be paid to the permanent tenant.
(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 su
[Appeal to State Government against decision of Tribunal.] Deleted by Mah. 8 of 1963, s. 31
32K. Mode of payment of price by 1[tenant-purchaser ] 2[and the power of Tribunal to recover purchase price.].- (1) On the determination of the purchase price 3[payable under section 32H] 4[the tenant-purchaser ],-
(i) if he is a permanent tenant, shall deposit with the Tribunal the entire amount of the purchase price within one year from such date as may be fixed by the Tribunal :
Provided that if the Tribunal is satisfied that such 5 [tenant-purchaser] 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;
[Purchase price recoverable as arrears of land revenue.]- Repealed by Mah. XXXI of 1965, s. 3.
32M. Purchase to be ineffective on 1[tenant-purchaser's] failure to pay purchase price 2***.- (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 3 [tenant-purchaser] in respect of the land. Such certificate shall be conclusive evidence of purchase. 4[In the event of failure of recovery of purchase price as arrears of land revenue under sub-section (3) of section 32K, the purchase shall be ineffective and the land shall be at the disposal of the 5[Tribunal] under section 32P and any amount deposited by such 6[tenant purchaser] towards the price of the land shall be refunded to him.
1[32MM. Certain purchases not to become ineffective.- Where the purchase of any land has become ineffective under sub-section (1) of section 32M for default of payment in time of the price in lump sum, but the tenant-purchaser has nevertheless continued in possession at the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), then the purchase of the land shall, notwithstanding the provisions of section 32M, not be deemed to be ineffective, and the tenant-purchaser may, within a period of six months from such commencement apply to the Tribunal to condone the default on the ground referred to in sub-section (2) of section 32M; and if the Tribunal after holding such inquiry as it thinks fit, is satisfied of the sufficiency of the reasons given by the tenant-purchaser, it may allow a further period of one year to pay the price in lump sum, and thereupon the provisions of se
1[(1) Where any purchase of land becomes ineffective, the former
landlord shall be entitled to recover from his former tenant compensation for use and
occupation of the land equal to the rent thereof and any such compensation due may
be recovered from the former tenant as an arrear of land revenue, and paid to the
former landlord. The amount so recoverable shall be deducted from the amount, if
any, to be refunded to the former tenant.]
(2) If within three months from the date on which the purchase of any land has become ineffective the 2[former landlord] fails to refund 3[former tenant] the amount paid after deducting any 4[compensation referred to in sub-section (1)] due to him, it shall be recovered from him as an arrear of Land revenue and paid to the 5[former tenant].
(1) In respect of any tenancy created after the tillers' day 1[by a landlord (not being a serving member of the armed forces)] notwithstanding any agreement or usage to the contrary, a tenant cultivating personally shall be entitled within one year from the commencement of such tenancy to purchase from the landlord the land held by him or such part thereof as will raise the holding of the tenant to the ceiling area.
2*****
3[(1A) A tenant desirous of exercising the right conferre
32P. Power of 1[Tribunal] to resume and dispose of land not purchased by tenants.- (1) Where the purchase of any land by tenant under section 32 becomes ineffective under section 32G or 32M or where a tenant fails to exercise the right to purchase the land held by him within the specified period under section 32F, 2[32 O, 33C or 43-ID], the 3[Tribunal] may suo motu or on an application made on this behalf 4*** 5[and in cases other than those in which the purchase has becomes ineffective by reasons of section 32G or 32M, after holding a formal inquiry] direct that the land shall be disposed of in the manner provided in sub-section (2).
(2) Such dire
(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 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 1[former ladlord];
(ii) where the purchase price is made payable in instalments, the Tribunal shall deduct such amount from such instalments towards the payment of the encumbrances :
Provided that, where under any agreement, award, the d
If any time after the puchase of the land under any of the foregoing provisions, the purchaser fails to cultivate the land personally, he shall, unless the Collector condones such failure for sufficient reasons, be evicted and the land shall be disposed of in accordance with the provisions of section 84C].
33. Right of 1*** tenants to exchange land.- (1) Notwithstanding anything contained in this Act or any other law or any agreement or usage, the 2*** tenants holdings lands 3**** as such 4*** tenants ma
(1) Notwithstanding anything contained in section 31, 31A or 31B a certificated landlord may, after giving notice and making an application for possession as provided in sub-section (3), terminate the tenancy of an excluded tenant, if the landlord bona-fide requires such land for cultivating it personally.
(2) The notice may be given and an application made by a certificated landlord under sub-section (3), notwithstanding that in respect of the same tenancy an application of the landlord made in accordance with sub-section (2) of section 31-
(i) is pending before the Mamlatdar or in appeal before the Collector, or in revision before the Maharashtra Revenue Tribunal, on the date of the commencement of the Bombay Tenancy and Agricultural Lands (A
(1) Notwithstanding anything contained in sub-section (1) of section 88C, every excluded tenant holding land from a certificated 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
(i) the landlord has not given notice of termination of tenancy in accordance with sub-section (3) of section 33B, 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
1[34A. Holders of land to furnish particulars of land to Mamlatdar.- 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 tenant on the 31st day of March 1957, shall within the prescribed period furnish in the prescribed manner true particulars of all the land so held by him to each of the Mamlatdars within whose jurisdiction any piece of such land is situate].
[Provision of section 34 to apply to land, coming into possession of person on gift, etc.] Deleted by Mah. 27 of 1961, s. 48, Second Schedule.
1[35A. Determination of excess land cases.- (1) Where the Mamlatdar, suo motu or on an application made to him in this behalf, has reason to believe that the total area of land held by any person, whether as owner or tenant or partly as owner and partly as tenant, has exceeded the ceiling area or the area permitted to be held under sub-section (2) of section 34, whether on account of-
(i) the restoration of any land to the possession of such person under sub-section (2) of section 84B, or
(ii) the retention of any land with such person by virtue of the transfer of the land to such person not being declared to be invalid by the Mamlatdar under the proviso to sub-section (1) of section 84B
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 or ceiling area which a person is entitled to hold under this Act is left over as a fragment, the Collector may, 1****** permit such fragment to remain with either of the holders of the land, having regard to the efficient use thereof for agricultural purposes.]
(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 ceiling area under sub-section (2) of section 5.
1[Explanation.- In calculating an economic
For the purposes of this Act,-
(a) irrigated land, whether perennially or seasonally irrigated, shall not include land irrigated by sources other than canals or bundharas within the
meaning of 1the Bombay Irrigation Act, 1879 (Bom. VII of 1879), or any lift irrigation system
constructed or maintained by the State Government;
(b) seasonally irrigated land shall include alluvial land and land situated in the bed of a river and seasonally flooded by the water of such river.
Notwithstanding anything contained in sections 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 Official Gazette, the acreage of the ceiling area
or economic holding, or the basis of determination of such ceiling area or economic
holding under sub-section (2) of section 5 regard being had to-
(a) the situation of the land,
(b) its productive capacity,
(c) the fact that the land is located in a backward area, and
(d
(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,-
(1) Subject to the maximum and minimum limits of rent fixed under section 8, the Mamlatdar shall for each village, or group of villages, or for any area in such village or group, within 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 area, as the case may be :
1[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 the rents prevalent in the locality, the productivity of the lands, the prices of commodities and such other factors as may be prescribed.
(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 1[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] :
2[Provided that, where any land held by a tenant is wholly or partially exempt from the payment of land-revenue and the rent payable in respect of such land is at the rate fixed under section 9, then the amount of rent shall be increased by a sum equal to the aggregate of the following amounts, that is to say,-
(i) the amount of full assessment leviable in respect of such land,
Notwithstanding any law, usage or agreement or the decree of order of
a court in the case of land in respect of which the rent has been fixed under
section 9, a landlord shall not be liable to make any contribution towards the
cultivation of the land, in the possession of his tenant.
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, either partly or wholly, the value of such 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 sections 1[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 prescribed by rules made under this Act.
1[10A. Liability of tenant to pay land revenue and certain other cesses.- (1) Subject to the provisions of sub-section (2), every tenant shall
be liable to pay in respect of the land held by him as a tenant,-
(a) the land revenue in accordance with the provisions of 2the Bombay Land Revenue Code, 1879(Bom. V of 1879).
(b) the irrigation cess in accrodancee with the provisions of 3the Bombay Irrigation Act, 1879 (Bom. VII of 1879) 4**.
(c) the cess levied under section 93 of the Bombay Local Boards
1[(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[(2) Nothing in sub-section (1) shall affect the liability of a tenant to pay any of the cesses under section 10A].
[Enquiries as regards reasonable rent.]. Deleted by Bom. 13 of 1956, s. 8.
(1) Notwithstanding anything contained in section 84A of the 1Bombay Land Revenue Code, 1879 whenever from any cause the payment of the whole land revenue payable to Government 2*** in respect of any land is suspended or remitted the landlord shall 3[unless the State Government by any general or special order otherwise directs,] suspend or remit as the case may be, the payment to him of the rent of such land by his tenant. If in the case of such land the land revenue is partially suspended or remitted, the landlord shall 4[unless the State Government by any general or special order otherwise directs,] suspend or remit the rent payable by the tenant of such land in the same proportion.
(
1[14. Termination of tenancy for default of tenant.- (1) Notwithstanding any law, agreement or usage, or the decree or order of a court, the tenancy of any land shall not be terminated-
(a) unless the tenant-
(i) has failed to pay 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-divide
1[15. Termination of Tenancy by surrender thereof.- (1) A tenant may terminate the tenancy in respect of any land at any time by surrendering his interest therein in favour of the landlords :
Provided that such surrender shall be in writing and verified before the Mamlatdar in the prescribed manner.
(2) Where a tenant surrenders his tenancy, the landlord shall be entitled to
retain the land so surrendered for the like purposes, and to the like extent, and in so far as the conditions are applicable subject to the like conditions as are provided in sections 31 and 31A for the termination of tenancies.
2[(2A) The Mamlatdar shall, in respect of the surrender verified under sub-section (1), hold an inquiry and decide wheth
(1) If in any village, a tenant is in occupation of a dwelling house built at the expense of such tenant; or his predecessor-in-title on a site belonging to his landlord, such tenant shall not be evicted from such dwelling house (with the materials and the site thereof and the land immediately appurtenant thereto and necessary for its enjoyment) unless-
(a) the landlord proves that the dwelling house was not built at the expense of such tenant or his predecessor-in-title; and
(b) such tenant makes 1[any three defaults] in the payment of rent, if any, which he has been paying for the use and occupation of such site.
(2) The provisions of sub-section (1)
(1) If a landlord to whom the site referred to in section 16 belongs intends to sell such site, the tenant at the expense of whom or whose predecessorin-title, a dwelling house is built thereon shall be given in the manner provided in sub-section (2) 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 appli
1[17A. Tenant's rights to purchase sites referred to in section 16.- (1) If a tenant referred to in section 16 intends to purchase the site on which a dwelling house is built, he shall give notice in writing to landlord to that effect.
(2) If the landlord refuses, or fails to accept the offer and to execute the
sale-deed within three months from the date thereof, the tenant may apply to the Tribunal for the determination of the reasonable price of the land which shall not exceed 20 times the annual rant thereof, and thereupon the provisions of the determination and payment of the price and the issue of a certificate of purchase contained in the next succeeding section shall apply thereto.
(1) After the commencement of the Amending Act, 1955, the State Government may, by notification in the Official Gazette, direct a record of rights relating to the sites and the houses thereon in villages to be made in the manner prescribed.
(2) On the completion of such record of rights, the State Government may, by notification in the Official Gazette, specify a date on which the tenants referred to in section 16 whose names are entered in such record or their successors-intitle shall be deemed to have purchased the site of such dwelling house free from encumbrances at the price to be fixed by the Tribunal, being a price not exceeding 20 times the annual rent for the site.
(3) As soon as may be thereafter, the Tribunal shall publish or cause to be published a notice in such village within its jur
1[18. Dwelling houses of agricultural labourers, etc.- 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 bpursuit 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.
[Sub-letting of land by or on behalf of person in military, naval or air
service of the union not to terminate tenancy.] Deleted by Bom. 13 of 1956,
s. 16.
Notwithstanding anything contained in section 123 of the 1Bombay 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 alternation, 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 1[State] Government that the construction, maintenance or repairs of any bunds protecting any land held by a tenant is neglected due to a dispute between the landlord and the tenant or for any other reason, it may by an order in writing direct that the construction, maintenance or repairs shall be carried out by-such persons as may be specified in the order and the cost thereof shall be recoverable from the person in actual possession of the land as arrears of land revenue.
(2) The person from whom the costs are recovered under sub-section (1) shall be entitled to recover the same or any part thereof from any person who under any agreement, usage or custom is wholly or partially liable to construct, maintain or repair the bunds.
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[(1)] Where any tenancy of any land held by any tenant is terminated for non-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 2[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 :
3[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 w
1[25A. Tenancy to be in abeyance during usufructuary mortgage in favour of tenant.- If any land is mortgaged by a landlord by way of a usufructuary mortgage to a tenant cultivating such land, the tenancy of such land shall be in abeyance during the period the mortgage subsists. After the expiry of the said period it shall, notwithstanding any other law for the time being in force, be lawful to the tenant to continue to hold the land on the terms and conditions on which he held it before the mortgage was created].
(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.
1[(2) When any amount of rent is received in respect of any land by a
landlord or by a person on behalf of such landlord, the landlord or, as the case may
be, the person shall at the time, when such amount is received by him, give a written
receipt therefor in such form and in such manner as may be prescribed].
1[27. Sub-division, sub-letting and assignment prohibited.- (1) 2[Save as otherwise provided in section 32F, no sub-division] or sub-letting of the land held by a tenant or assignment of any interest therein shall be valid.
Provided that nothing in this sub-section shall prejudicially affect the rights of a permanent tenant :
Provided further that if the tenant dies,-
(i) if he is a member of a joint family, the surviving members of the said family, and
(ii) if he is not a member of a joint family, his heirs,
129. Procedure of taking possession.- (1) A tenant or an agricultural labourer or artisan entitled to possession of any land or dwelling house under any of the provisions of this Act may apply in writing for such possession to the Mamlatdar. The application shall be made in such form as may be prescribed 2[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].
(2) 3[Save as otherwise provided in sub-section (3A), no landlord] shall
obtain possession of any land or dwelling house held by a tenant except under an
order of the Mamlatdar. For obtaining such order he shall make an application in the
prescribed form 4[and within a period of two years from the date on wh
1[29A. Provisions of section 29 to apply to sites used for allied pursuits.- The provisions of section 29 shall apply to the sites used for allied
pursuits as they apply to the sites of dwelling houses of an agricultural labourer or
artisan in regard to taking possession of any land or dwelling house under the
provisions of this Act.]
1[30.Rights and privileges of tenants not to be affected.- Save as provided in this Act, the rights or privileges of any tenant under
usage or for the time being in force or arising out of any contract, grant, decree or
order of a court or otherwise howsoever shall not be limited or abridged].
The right of a landlord to terminate a tenancy for cultivating the land personally under section 31 shall be subject to the following conditions :-
(a) If the landlord at the date on which the notice is given and on the date on which it expires has no other land of his own or has not been cultivating personally any other land, he shall be entitled to take possession of the land leased to the extent of a ceiling area.
(b) If the land cultivated by him personally is less than a ceiling area, the landlord shall be entitled to take possession of so much area of the land leased as will be sufficient to make up the area in his possession to the extent of a ceiling area.
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 1Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947), or in making any part of the land leased a fragment within the meaning of that Act, or
(3) if the tenant has become a member of a co-operative farming society and so long as he continues to be such member.
[Certain provisions of Act not to apply to landlords on ceasing to be serving members of armed forces.] Deleted by Mah. 39 of 1964, s. 3.
(1) This Act may be called the 1[Maharashtra Tenancy and Agricultural Lands Act].
(2) It extends to the 2[Bombay area of the State of Maharashtra].
In this Act, unless there is anything repugnant in the subject or context,
1[(1) "Agriculture" includes horticulture, the raising of crops, grass or garden produce, 2[the use by an agriculturist of the land held by him or a part thereof for the grazing of his cattle, the use of any land, whether or not an appanage to rice or paddy land, for the purpose of rab manure] but does not include allied pursuits or the cutting of wood only;
(1A) "Agricultural labourer" means a person whose principal means of livelihood is manual labour on land;]
(2) "Agriculturist" means a person who cultivates land personally;
3[(2A) "allied pursuits" means dairy farming, poultry farming, breeding of
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 this Act, apply to the tenancies and leases of land to which this Act applies.
1[(1)] A person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land is not cultivated personally by the owner and if such person is not-
(a) a member of the owners 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 owner's family, or
(c) a mortgagee in possession.
Explanation 2[I].- A person shall not be deemed to be a tenant under this section if such pers
1[4A. Protected tenants.- 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 of 1939), referred to in Schedule I to this Act.
No tenancy of any land 1[other than the tenancy of the land duly
sanctioned under section 36 or section 36A of the Maharashtra Land Revenue
Code, 1966 (Mah. XLI
of 1966)] shall be terminated merely on the ground that the period fixed by
agreement or usage for its duration has expired].
1[5. Ceiling area.- (1) For the puposes 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
Based on the provided sources, here is a legal commentary on Section 88 of the Maharashtra Tenancy and Agricultural Lands Act, 1948.
Section 88 of the Maharashtra Tenancy and Agricultural Lands Act, 1948, is a pivotal provision that governs the exemption of certain categories of lands from the application of the Act. It outlines which lands are not subject to the tenancy laws, thereby preserving the rights of specific landlords or entities. The section has been subject to extensive judicial interpretation, particularly concerning its retrospective operation, the rights of tenants on exempted lands, and the conditions for claiming exemptions, especially for trusts and government lands.
Section 88 provides for the exemption of government lands and certain other lands from the application of the Act's provisions. The section and its related sub-sections specify that certain lands are not governed by the Tenancy Act's rules regarding tenancy rights, purchase of land by tenants, and termination of tenancies.
The essential ingredients for exemption under Section 88 and its related provisions (like 88-B, 88-C) include:1. Type of Land: The land must belong to specific categories, such as government lands, lands held on lease for industrial or commercial undertakings, or lands of certain trusts.2. Notification by Government: For certain exemptions under Section 88(1)(b), the State Government must issue a notification specifying the area as reserved for non-agricultural or industrial development. [N. D. Muthuswamy Rao & others VS Mewalal Rajaram Dube & others - 1987 0 Supreme(Bom) 370]3. Trust Conditions (for Section 88-B): For trust lands to be exempted, the trust must be for an educational purpose, a hospital, Panjarapole, Gaushala, or an institution for public religious worship. Additionally, the trust must be registered under the Bombay Public Trusts Act, 1950, and the entire income of the lands must be appropriated for the purposes of the trust. [Ramagiri Gurudattagiri Gosavi & another VS Aba Alli Mulani since deceased by his legal heirs & another - 2004 0 Supreme(Bom) 1113, Keraba Dattu Borachate & others VS Sheshashai & Vishnu Trust - 1990 0 Supreme(Bom) 320]4. Income and Holding Conditions (for Section 88-C): For an individual landlord to claim exemption, the land must not exceed an economic holding, and the landlord's total annual income, including rent from the land, must not exceed a specified limit (e.g., Rs. 1,500). [Maruti Vishnu Girme VS Gangubai Eknath Borawake - 1991 0 Supreme(Bom) 560]
The scope of Section 88 is broad, encompassing various scenarios:- Exclusion of Entire Act: In some cases, such as lands reserved for non-agricultural development via notification under Section 88(1)(b), the entire Act is made inapplicable. [N. D. Muthuswamy Rao & others VS Mewalal Rajaram Dube & others - 1987 0 Supreme(Bom) 370]- Partial Exemption: For trusts under Section 88-B, only certain "foregoing provisions" of the Act are excluded, while other sections (like 3, 4B, 8, etc.) continue to apply. [Nana Hari Gaikwad & others VS Badsha Alli Mulla - 2001 0 Supreme(Bom) 1141]- Retrospective Application: Notifications under Section 88(1)(b) have been interpreted to operate retrospectively, potentially affecting tenancy rights that arose before the notification. [N. D. Muthuswamy Rao & others VS Mewalal Rajaram Dube & others - 1987 0 Supreme(Bom) 370]- Non-Retrospective for Vested Rights: However, notifications under Section 88(1)(d) (taken under management by courts) were held not to divest vested tenancy rights acquired before the notification. [Tamboli Boghalal Chhotalal and Anr VS Mohanlal Chunilal Kothari - 1956 0 Supreme(Bom) 146]- Conclusive Evidence: The certificate granted by the Collector under Section 88-B(2) is considered conclusive evidence of the fulfillment of the conditions for exemption. [SHRIMANT JAGDEORAO ANANDRAO PAWAR VS KISAN NAMDEO PAWAR - 1979 0 Supreme(Bom) 74]
The sources provided do not specify a direct "punishment" for violating Section 88 itself. The section primarily deals with exemptions. However, consequences for non-compliance or fraudulently claiming/using an exemption certificate can arise from other sections of the Act or other laws. For instance, fraudulent actions in obtaining a certificate could lead to civil actions or criminal proceedings, though this is not detailed in the sources.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
