Maharashtra act 099 of 1958 : The Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act.

Section 1.Short title, extent and commencement.

(1) This Act may be called the ¹[Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act.]

²[(2) This Act extends to the Vidarbha Region of the State of Maharashtra].

(3) It shall come into force on such ³date as the State Government may, by notification in the Official Gazette, appoint.

1. The short title "The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 was amended by Mah. 24 of 2012, ss. 2 and 3, Schedule, entry 72, with effect from 1st May 1960".

2. Sub-section (2) was substituted for the original by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

3. 30th day of December 1958 vide G. N., R. D., No. TNC. 3758/223477, dated the 29th December 1958.

Section 2.Definitions.

In this Act, unless the context requires otherwise,-

(1) "agriculture" includes,-

(a) the raising of annual or periodical crops and garden produce,

(b) horticulture,

(d) the reserving or using of land for fodder, or thatching grass, and

(e) the use by an agriculturist of the land held by him or a part thereof for grazing of his own cattle;

but does not include allied pursuits or the cutting of wood only;

(2) "agricultural labourer" means a person whose principal means of livelihood is manual labour on land;

(3) "agriculturist" means a person who cultivates land personally;

(4) "allied pursuits" means dairy farming, poultry farming, breeding or livestock, grazing (other than the pasturage of ones own agricultural cattle) and such other pursuits as may be prescribed;

(5) "appointed day" means the 20^th day of August 1958;

(6) "Collectors" includes an Additional Collector and an Assistant or Deputy Collector performing the duties and exercising the powers of a Collector under the Code ¹[or any other officer specially empowered by the State Government to perform the functions of the Collector under this Act];

(7) "Code" means the ²Madhya Pradesh Land Revenue Code, 1954 (M. P. Act II of 1955);

(8) "Commissioner" includes an Additional Commissioner;

(9) "Co-operative Society" means a society registered under the provisions of the ³Co-operative Societies Act, 1912 (II of 1912);

(10) "Co-operative farming society" means a society registered as such under the ⁴Co-operative Societies Act, 1912 (II of 1912);

(11) "to cultivate" means to carry on any agricultural operation;

(12) "to cultivate personally" means to cultivate on ones own account,-

(i) by one's own labour, or

(ii) by the labour of any member of ones family, or

(iii) under the personal supervision of one-self or of any member of one's family by hired labour or by servants on wages payable in cash or kind but not in crop share;

Explanation I.- A widow or a minor or a person who is subject to any physical or mental disability, or a serving member of the armed forces shall be deemed to cultivate the land personally if it is cultivated by her or his servants or by hired labourer;

Explanation II.- In the case of a joint family the land shall be deemed to have been cultivated personally if it is cultivated by any member of such family;

(13) "family holding" in relation to any local area constituted under section 3 means a family holding determined under section 4 in respect of lands situated in that local area;

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

(15) "improvement" means, with reference to a holding, any work which adds to the letting value of the holding which is suitable thereto and consistent with the purpose of which it is held and which, if not executed on the holding, is either executed directly for its benefit; or is after execution, made directly beneficial to it; and, subject to the foregoing provisions, includes,-

(a) the construction of tanks, wells, water-channels, embankments and other works for storage, supply or distribution of water for agricultural purposes;

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

(d) the erection of buildings on or in the vicinity of the holding, elsewhere than in the abadi or urban area, required for the convenient or profitable use or occupation of the holding; and

(e) the renewal or reconstruction of any of the foregoing works, or alterations therein or additions thereto;

but does not include,-

(i) temporary wells and such water-channels, embankments, levellings enclosures or other works, or petty alterations in, or repairs to, such works, as are commonly made by cultivators of the locality in the ordinary course of agriculture; or

(ii) any work which substantially diminishes the value of any land, wherever situated, in the occupation of any other person, whether as tenure-holder or tenant;

Explanation.- A work which benefits several holdings may be deemed to be an improvement with respect to each of such holdings;

(16) "joint family" means an undivided Hindu Family and in the case of other persons a group or unit the members of which by custom or usages are joint in estate or residence;

(17) "land" means,-

(a) land which is used or capable of being used for agricultural purposes and includes the sites of farm building appurtenant to such land; and

(b) for the purposes of sections 16, 22, 23, 24, 25, 26, 32, 34, 36, 37, 55, 89, 91, 121, and 122,-

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

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

(18) "landholder" means a tenure-holder whom the State Government has declared on account of the extent and value of the land or his interest therein to be a landholder for the purposes of this Act;

(19) "landless person" means a person who holding no land for agricultural purposes, whether as tenure-holder or tenant earns his livelihood principally by manual labour and intends to take to the profession of agriculture and is capable of cultivating land personally;

(20) "occupancy tenant" means a person recognised to be an occupancy tenant under subsection (3) of section 6;

(21) "person" includes joint family;

(22) "physical or mental disability" means physical or mental disability by reason of which the person subject to such disability is incapable of cultivating land by personal labour or supervision;

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

(24) "profits of agriculture" in respect of any land means the balance remaining with the holder after deducting from the gross produce the cost of cultivation estimated by taking into account the following elements, namely:-

(a) the depreciation of stock and buildings,

(b) the money equivalent of the holder and his family labour and supervision,

(d) interest of the cost of buildings and stock and on expenditure for seed and manure, and on cost of agricultural operations paid for in cash;

(25) "protected lessee" means a person recognised to be a protected lessee under sub-section (2) of section 6;

(26) "rent" means any consideration, in money or kind or both, paid or payable by a tenant on account of the use or occupation of the land held by him but shall not include the rendering of any personal service or labour;

(27) "Scheduled area" means an area declared to be a scheduled area under paragraph 6 of the Fifth Schedule to the Constitution of India;

(28) "serving member of the armed forces" means a person in the service of the armed forces of the Union, provided that if a question arises whether any person is a serving member of the armed forces of the Union, such question shall be decided by the State Government, and its decision shall be final;

(29) "small-holder" means an agriculturist cultivating land less in area than a family holding who earns his livelihood principally by agriculture or by agricultural labour;

(30) "Tahsildar" includes a Naib-Tahsildar and any other officer whom the State Government may appoint to perform the duties of a Tahsildar under this Act:

Provided that, the State Government may, by notification in the Official Gazette, direct that in the areas specified therein the powers of the Tahsildar under this Act shall be exercised by the Sub-Divisional Officer;

(31) "tenancy" means the relationship of landlord and tenant;

(32) "tenant" means a person who holds land on lease and includes,-

(a) a person who is deemed to be a tenant under section 6, 7 or 8,

(b) a person who is protected lessee or occupancy tenant, and the word "landlord" shall be construed accordingly;

(33) "Tribunal" means the Agricultural Lands Tribunal constituted under section 97;

(34) words and expressions used in this Act but not defined shall have the meanings assigned to them in the Code and the Transfer of Property Act, 1882 (IV of 1882), as the case may be.

1. This portion was added by Bom. 4 of 1960, s. 2.

2. See now the Maharashtra Land Revenue Code, 1966.

3. See now the Maharashtra Co-operative Societies Act, 1960.

4. See now the Maharashtra Co-operative Societies Act, 1960.

Section 3.Delimitation of local areas.

The State Government may by notification in the Official Gazette specify and delimit areas each of which shall constitute a local area for the purposes of this Act.

Section 4.Determination of family holding.

(1) The State Government shall determine for all or any class of land in each local area the area of a family holding on the following basis in the prescribed manner :-

(a) The extent of land which a family of five persons including the agriculturist himself would normally cultivate under the existing conditions of agricultural technique and practice with the aid of a pair of bullocks shall first be determined for all or any class of land in each local area.

(b) The extent of land so determined may be varied having regard to the following factors:-

(i) the situation of land;

(ii) its productive capacity;

(iii) the soil and climate characteristics;

(iv) the fact that the land is located in the scheduled area;

(v) such minimum limit of net annual income from the land as may be prescribed;

(vi) any other factors which may be prescribed.

(2) The area of a family holding determined under sub-section (1) shall be notified in the Official Gazette.

¹[(3) Where different classes of land are held in the same local area or any class or classes of land are held in different local areas, the manner of calculating the family holding in such case shall be as prescribed by rules.]

1. Sub-section (3) was added by Mah. 5 of 1961, s. 2.

Section 5.Application of Chapter V of Transfer of Property Act.

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 lands to which this Act applies.

Section 6.Persons deemed to be tenants.

(1) A person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land is not cultivated personally by the owner and if such person is not-

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

(b) a servant on wages payable in cash or kind but not 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

(2) For the purposes of this Act, a person shall be recognised to be a protected lessee if such person was immediately, before the commencement of this Act, deemed to be a protected lessee under section 3 of the Berar Regulation of Agricultural Leases Act, 1951 (M. P. Act XXIV of 1951).

(3) For the purposes of this Act a person shall be recognised to be an occupancy tenant, if such person was immediately before the commencement of this Act deemed or declared to be an occupancy tenant under section 169 of the Code.

Explanation.- A person to whom only the right to cut grass or to graze cattle or to grow singhara (Trapa bipinosa) or to propagate or collect lac is granted in any land shall not be deemed to be a tenant for the purposes of this Act.

Section 7.Certain persons deemed to be tenants for purposes of this Act.

(1) Every person who by himself or through his predecessor-in-interest-

(a) held alienated land for a continuous period of three years immediately before the year 1950-51 from, superior holder as an annual tenant within the meaning of section 74 of the Berar Land Revenue Code, 1928, as then in force or as an ordinary tenant within the meaning of section 60 of the Berar Alienated Villages Tenancy Law, 1921 as then in force, or

(b) held as a tenant land belonging to any public trust of a religious or charitable nature for a continuous period of three years immediately before the 1st day of April 1957, and

(c) is in possession of the land referred to in clause (a) or as the case may be, clause (b) on the appointed day or was dispossessed from the said land at any time but has been re-instated under sub-section (2),

shall be deemed to be a tenant of the said land for the purposes of this Act.

(2 (a) Any person who held any alienated land as provided in clause (a) or any land belonging to a trust as provided in clause (b) of sub-section (1) but who has been dispossessed subsequently may, if the said land is in the actual possession of the superior holder or his successor-in-interest or as the case may be of the trust and is not put to a non-agricultural use on or before the appointed day apply ¹[before the expiry of a year from the date of commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) (Amendment) Act, 1961 (Mah. II of 1962)] to the Tahsildar to be placed in possession of the said land.

(b) The Tahsildar shall, after holding an inquiry, restore possession to such person as tenant. (3) Any suit or other proceeding pending on the date on which this Act comes into force in which any person is sought to be ejected from any alienated land on the ground that he had ceased to be a tenant of such land on the expiry of the agricultural year 1950-51, shall be referred under section 125 to the competent authority and decided as if this section were in force on the date of the institution of such suit or proceedings.

(4) In this section-

(a) "alienated land" means land which immediately before the coming into force of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (M. P. Act I of 1951) was alienated land as defined in sub-section (1) of section 3 of the Berar Alienated Villages Tenancy Law, 1921 and in clause (2) of section 2 of the Berar Land Revenue Code, 1928;

(b) "superior holder" means a person who immediately before the coming Act into force of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (M. P. Act I of 1951), held alienated land and who became an occupant under section 68 of that Act and has become a Bhumiswami under section 146 of the Code and includes his successor-in-interest.

1. This portion was substituted for the words "within one year from the date of the commencement of this Act" by Mah. 2 of 1962, s. 2.

Section 8.Record of rights of ordinary tenants.

(1) As soon as may be after this Act comes into force the Tahsildar shall cause a list of persons, other than occupancy tenants, and protected lessees, who are deemed to be tenants under sub-section (1) of section 6 to be prepared for entry in the Record of Rights in accordance with the provisions of Chapter IX of the Code.

(2) After such list is prepared it shall be published in the prescribed manner and if no application is made by the landlord or the tenant or any other person interested within a period of six months of the date of such publication disputing the correctness or omission of any entry, such list shall be final.

(3) If an application is made to the Tahsildar by the landlord or the tenant or any other person interested in the prescribed manner within the aforesaid period, disputing the correctness or omission of such entry, the Tahsildar shall decide the dispute in accordance with the provisions of sub-section (2) of section 100 of this Act and such decision subject to appeal or revision under this Act shall, notwithstanding section 106 of the Code, be final.

(4) In deciding the question referred to in sub-section (3), the Tahsildar shall, notwithstanding anything contained in section 92 of the Indian Evidence Act, 1872 (I of 1872), or in section 49 of the Indian Registration Act, 1908 (XVI of 1908) or in any other law for the time being in force, have power to inquire into and determine the real nature of the transaction and shall be at liberty, notwithstanding anything contained in any law as aforesaid, to admit evidence of any oral agreement or a statement or unregistered document with a view to such determination.

Section 9.Tenancy not to be terminated by efflux of time.

No tenancy of any land ¹[other than the tenancy of 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 for its duration whether by agreement or otherwise has expired.

1. This portion was inserted by Mah. 35 of 1974, Schedule.

Section 10.Restoration of possession to tenants dispossessed after 1st January 1953 in certain circumstances.

(1) A person who or whose predecessor-in-title held land as tenant or protected lessee ¹[on the first day of January 1953 or thereafter] and who has subsequently been dispossessed by a surrender of tenancy before the date of the commencement of this Act ²* * * may within a period of one year ³[from the date of the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch area) (Amendment) Act, 1960 (Mah. V of 1961)] apply to the Tahsildar for the restoration of his tenancy on the same terms and conditions on which he held the land before such surrender unless the land has been put to a non-agricultural use on or before the appointed day.

(2) On receipt of such application the Tahsildar shall enquire into the circumstances in which and the procedure under which such dispossession took place and if he is satisfied that such dispossession took place as a result of surrender and the consent of the tenant was procured by fraud, deceit, false representation or undue influence or pressure of any kind whatsoever or was otherwise in contravention of the provisions of the law applicable for the time being, he shall order the restoration of the possession of the land and the tenancy thereof to the tenant.

(3) Sub-sections (1) and (2) shall have effect notwithstanding that another person may be in possession of the land as a protected lessee or a tenant or otherwise, and where such other person is so in possession he shall be liable to be evicted.

1. These words and figures were substituted for the words, figures and letters "on the 1st day of January 1953" by Mah. 5 of 1961, s. 3(a).

2. The portion beginning with the words "and such surrender has not been verified in the manner prescribed" and ending with the words "of section 177 of the Code," was deleted by Mah. 5 of 1961, s. 3(b).

3.This portion was substituted for the words "from the date of such commencement" by Mah. 5 of 1961, s. 3(c)

Section 11.Maximum rent.

Notwithstanding any agreement or usage or any decree or order of a court or any law, the maximum rent payable by a tenant shall not exceed,-

(a) three times the land revenue on the land in respect of which announcement of the Settlement has been made at any time within ¹[thirty-five years] immediately preceding the commencement of this Act or is made at any time after such commencement;

(b) four times the land revenue on the land in any other case.

1. These words were substituted for the words "thirty years" by Mah. 5 of 1961, s. 4.

Section 12.Rent.

The rent payable by a tenant shall, subject to the maximum fixed under section 11, be the rent agreed upon between such tenant and his landlord or in the absence of any such agreement the rent payable according to the usage of the locality or if there is no such agreement or usage, or where there is a dispute as regards the reasonableness of the rent payable according to such agreement or usage, the reasonable rent determined by the Tahsildar in the prescribed manner having regard to the rents prevalent in the locality, the productivity of the land, the prices of commodities and such other factors as may be prescribed:

Provided that the Tahsildar may after inquiry on an application by the tenant or landlord at any time during the currency of the tenancy,-

(i) reduce the rent, if he is satisfied that on account of the deterioration of the land by flood, or other cause beyond the control of the tenant, the land has been wholly or partially rendered unfit for cultivation, or

(ii) subject to the provisions of section 11, enhance the rent, if he is satisfied that on account of any improvement made in the land, at the expense of the landlord, there has been an increase in the agricultural produce thereof.

Section 13.Commutation of rent in crop share into cash rent.

(1) ¹[Save as otherwise provided in sub-section (3) a tenant] who pays rent in crop share or a landlord to whom the rent is so payable may at any time apply to the Tahsildar for commuting the same into cash rent. Such application shall be made in such form as may be prescribed.

(2) On receipt of an application under sub-section (1), the Tahsildar shall after holding an enquiry commute such rent into cash, subject to the provisions of section 11, by an order in writing and after such commutation no rent shall be recoverable in crop share.

²[(3) (a) If a tenant, who pays rent in crop share, is willing to pay rent in cash at the relevant maximum rate specified in section 11, he may after giving to the landlord an intimation in writing in that behalf and sending a copy of such intimation to the Tahsildar, pay to the landlord rent in cash at the relevant maximum rate, in lieu of rent in crop share.

(b) Once a tenant pays rent in cash under clause (a), the rent in crop share shall be deemed to have been commuted into cash rent and no rent shall thereafter be recoverable in crop share.]

1. This portion was substituted for the words "A tenant" by Bom. 4 of 1960, s. 3(1).

2. Sub-section (3) was inserted by Bom. 4 of 1960, s. 3(2).

Section 14.Prohibition for receiving rent in terms of service of labour.

(1) Any landlord receiving rent from any tenant in terms of service or labour shall within twelve months from the date of the coming into force of this Act apply to the Tahsildar for commuting such rent into cash. Such application shall be made in such form as may be prescribed.

(2) On receipt of an application under sub-section (1), the Tahsildar shall after holding an inquiry by order in writing commute such rent into cash rent subject to the provisions of section 11.

(3) Notwithstanding anything contained in any agreement, usage, decree or order of a court or any law, no landlord or person on behalf of the landlord shall recover or receive rent in terms of service or labour after a period of twelve months from the date of the coming into force of this Act.

Section 15.Refund of rent recovered in contravention of provisions of the Act and other penalties.

If any landlord or any person on his behalf recovers rent from any tenant in contravention of the provisions of sections 11, 12, 13 or 14, landlord 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 Tahsildar in this behalf and shall also be liable to such penalty as may be prescribed by rules made under this Act.

Section 16.Abolition of all cesses, etc.

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.

Section 17.Liability of tenants to pay land and canal revenue and cesses.

Section 18.Suspensions or remissions of rent.

Section 19.Termination of tenancy.

Section 20.Termination of tenancy by surrender thereof.

Section 21.Land or portion thereof which landlord is not entitled to retain on surrender to be declared as surplus.

Section 22.Bar to eviction from dwelling house.

Section 23.Tenant to give first option of purchasing site on which he has built a dwelling house.

Section 24.Power to apply sections 22 and 23 to dwelling houses occupied by agricultural labourers, etc.

Section 25.Tenant's right to trees planted by him.

Section 26.Right to produce of naturally growing trees.

Section 27.Responsibility of tenant to maintain boundary marks, etc.

Section 28.Repairs of protective bunds.

Section 29.Relief against termination of tenancy in certain cases.

Section 30.Relief against Termination of tenancy for non-payment of rent.

Section 31.Tenancy to be in abeyance during usufructuary mortgage in favour of tenant.

Section 32.Receipts for rent.

Section 33.Sub-division, sub-letting and assignment prohibited.

Section 34.Bar to attachment, seizure or sale by process of court.

Section 35.Where land is sold for recovery of loan advanced under any law the right of tenant to stand extinguished.

Section 36.Procedure of taking possession.

Section 37.Rights and privileges of tenants not to be affected.

Section 38.Termination of tenancy by landlord for cultivating land personally.

Section 39.Right of certain landlords to terminate tenancy for cultivating personally.

Section 39A.Special right of certain landlords to terminate tenancy for personal cultivation.

Section 40.Provisions of section 38 not to affect right of tenant to purchase land.

Section 41.Right of tenant to purchase land.

Section 42.Extent of land which tenant may purchase under section 41.

Section 43.Tenant to make an offer, determination of purchase price, mode of payment, etc.

Section 44.Amount of purchase price to be applied towards satisfaction of debts.

Section 45.Power to declare occupancy tenants as tenure holder.

Section 46.Transfer of ownership of land to tenants from specified date.

Section 47.Purchase price.

Section 48.Tribunal to determine the extent of land transferred to tenant and purchase price thereof.

Section 49.Provisions of sections 43, 44 and 45 to apply to transfer of ownership under section 46.

Section 49A.Ownership of certain lands to stand transferred to tenants on 1st day of April 1963.

Section 49B.Transfer of possession and ownership of lands to certain dispossessed tenants.

Section 50.Right of tenants holding land under tenancy restored or created after specified date to purchase land.

Section 51.Right of tenants to exchange land.

Section 52.Landlord to restore possession if he fails to cultivate within one year.

Section 53.Circumstances in which landlord shall be deemed to cultivate personally.

Section 54.Rights of tenants to be heritable.

Section 55.Compensation for improvement made by tenant.

Section 56.Tenant's right to erect farm house.

Section 57.Restriction on transfers of land purchased or sold under this Act.

Section 57A.Definition.

Section 57B.Right of landlord to terminate tenancy.

Section 57C.Transfer of pending proceeding to Collector and State Government.

Section 57D.Right of tenant to purchase land from landlord.