The GOA, DAMAN AND DIU AGRICULTURAL TENANCY ACT, 1964

GOVERNMENT OF GOA, DAMAN AND DIU
THE GOA, DAMAN AND DIU AGRICULTURAL
TENANCY ACT, 1964
(Act No. 7 of 1964)
[16th December, 1964]
    An Act to provide for the regulation of the terms of tenancy with respect to agricultural
lands in the Union Territory of Goa, Daman and Diu and for matters connected therewith.
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Fifteenth Year of
the Republic of India as follows:
CHAPTER I
Preliminary
1. Short title, extent and commencement.— (1) This Act may be called the Goa, Daman
and Diu Agricultural Tenancy Act, 1964.
(2) It extends in the first instance to the Goa area of the Union Territory of Goa, Daman
and Diu, but the Government may, by notification, extend it to the other areas with such
modifications as may be necessary.
(3) It shall, unless otherwise specifically provided in this Act, come into force on such1date as may be fixed by notification by the Government.
2. Definitions.— In this Act, unless there is anything repugnant to the subject or context.
2[(1) “Administrative Tribunal” means the Administrative Tribunal constituted under the
Goa Administrative Tribunal Act, 1965 (Act No. 6 of 1965);]3[(1-A) “agriculture” includes horticulture and raising of food crops grass or garden produce,
but does not include allied pursuits;]
(2) “agriculturist” means a person who cultivates land personally;
(3) “allied pursuits” means rearing or maintaining plough bulls, breeding of livestock,
dairy farming, poultry farming, grazing on grounds reserved for the purpose and such other
pursuits connected with agriculture as may be prescribed;
(4) “Collector”, means any person appointed by the Government to perform the functions
of the Collector under this Act;
(5) “Co-operative Society” means a society registered under the provisions of any law
relating to co-operative societies for the time being in force in the particular area;
4[***]
(6) “to cultivate” with its grammatical variations, and cognate expressions, means to till or
husband land for the purpose of raising or improving agricultural produce, whether by manual
labour or machinery, or to carry on any agricultural operation thereon; and the expression
“uncultivated” shall be construed correspondingly;
(7) “to cultivate personally” means to cultivate land on one’s own account —
(i) by one’s own labour, or
(ii) by the labour of any member of one’s family, or
(iii)under the personal supervision of oneself or any member of one’s family, by hired
labour or by servants on wages payable in cash or kind but not in crop share;
Explanation 1.— For the purpose of clause (iii) personal supervision shall not be deemed
to exist unless the person or member resides in the village in which land is situated or in any
nearby village within 7 kilometers thereof, during the major part of an agricultural season.
Explanation 2.— A widow or a minor or a person who is subject to physical or mental
disability  or  a  serving  member  of  the  Defence  Forces  shall,  notwithstanding  anything
contained  in  Explanation  1,  be  deemed  to  cultivate  any  land  personally  if  such  land  is
cultivated by servants or by hired labour or through tenants.
Explanation 3.— Notwithstanding anything as aforesaid, in the case of a joint family, land
shall be deemed to be cultivated personally, if it is so cultivated by any member of such
family otherwise than by virtue of Explanation 2.
Explanation 4.—  In the case of a company, association or other body of individuals,
whether incorporated or not, or a religious, charitable or other institution capable of holding
property, any land shall be deemed to be cultivated personally, if such land is cultivated by
hired labour or by servants under the personal supervision of an employee or agent of such
company, association, body or institution;
5[(7A) “garden” means land used primarily for growing coconut trees, areca nut trees,
cashew nut trees or mango trees;
(7B) “garden produce” means any produce from a garden;]
(8) “Government” means the Government of Goa, Daman and Diu.
(9) “improvement”, means, with reference to any land, any work which adds to the value
of the land, and which is suitable thereto as also consistent with the purpose for which it is
held, and includes—
(a) the construction of tanks, wells, water channels, embankments and other works for
storage, supply or distribution of water for agricultural purposes;
(b) the construction of works for the drainage of land or for the protection of land from
floods or from erosion of other damage from water;
(c) the reclaiming, clearing, enclosing, levelling or terracing of land;
(d) the erection of buildings on the land reasonably required for the convenient or
profitable use of such land for agricultural purpose; and
(e) the renewal or reconstruction of any of the foregoing works or alterations therein or
additions thereto as are not of the nature of ordinary repairs; but does not include
such clearance, embankment, leveling, enclosures, temporary wells, water channels
and other works as are commonly made by the tenants in the ordinary course of
agriculture;
(10) “joint family” means an undivided Hindu family for a group or unit of persons the
members of which are, by custom, joint in estate or residence;
(11) 6[(i) “land” means land which is used for agriculture or which is capable of being so
used, but is left fallow, and includes farm buildings appurtenant to such land:
Provided that nothing in this clause shall apply to land which is in the possession of a
Mundkar, otherwise than as a tenant.
Explanation.- For the purposes of this clause, the expression  “Mundkar” shall have the
meaning assigned to it in clause (p) of section 2 of the Goa, Daman and Diu Mundkars
(Protection from Eviction ) Act, 1975 (1 of 1976);]
(ii) “Khajan land” means low land situated near creeks or riversides;
(iii) “Ker land” means land having adequate irrigation or drainage facilities;
(iv) “Morod land” means any other land:
Provided that in case of doubt as to the category of any particular land, the matter shall be
referred to the Tribunal whose decision shall be final;
(12) “landlord” means a person from whom a tenant holds land on lease;
(13) “lease” means a transfer of a right to enjoy land, made orally or in writing, for a
specified, or unspecified period, and in consideration of rent;
(14) “legal representative” means a person who represents the state of a deceased person;
7(15) “Mamlatdar” means any person appointed by the Government to perform the duties of
a Mamlatdar under this Act and includes a Joint Mamlatdar;]
(16) “notification” means notification published in the Official Gazette;
(17) “Official Gazette” means the Goa, Daman and Diu Government Gazette;
(18) “person” includes a joint family, comunidade, temple, church, mosque or any other
religious or charitable institution;
(19) “prescribed” means prescribed by rules made under this Act;
8[(19A) “purchase price” means the price determined by the  9[Mamatdar] under section
18C;]
(20) “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;
(21) “serving member of the Defence Forces” means a person in the service of the Defence
Forces of the Union:
Provided that if a question arises whether any person is in such service, such question shall
be decided by the Government and its decision shall be final;
(22) “tenancy” means the relationship of landlord and tenant;
(23) 10[(23) “tenant” means a person who on or after the date of commencement of this
Act holds land on lease and cultivates it personally and includes a person who is or was
deemed to be a tenant under this Act 11[omitted]
12[‘(23A)  “tillers  day”  means  the  date  of  introduction  of  the  Goa,  Daman  and  Diu
Agricultural Tenancy (Fifth Amendment) Bill, 1976, in the Legislative Assembly;’]
(24) 13 [“Tribunal” means the Tribunal constituted under this Act; and”.]
(25) “year” means the year ending on the 31st day of March or on such other date as the
Government may, by notification, appoint for any area.
3. Extent of application.—  (1) Where it is made to appear to the Government that any
land, which was used immediately before the 1st of July, 1962 for an agricultural purpose,
was subsequently converted to other uses, such as for raising crops of coconut, arecanut,
cashew or mangoes or for any other non agricultural purpose, either for defeating and after
giving to the  landlord  and  the tenant  a reasonable  opportunity  of  being heard  and after
considering the objections, if any, direct that all or any of the provisions of this Act and the
rules made there under shall apply to the land, and thereupon the land shall be deemed to be
agricultural  land  in  relation  to  the  provisions  made  applicable  thereto,  notwithstanding
anything contained in clause (1) of section 2.
14 [(1-A) When it is made to appear to Government that any land used for agriculture
on or after the 1st July, 1962 is sought to be converted or used for any non-agricultural
purpose, it may, if it considers such action necessary in the interest of agricultural production,
the fur-therance of the objects of this Act, or the public interest, after giving to the landlord
and the tenant a reasonable opportunity of showing cause, by order prohibit such use or
conversion, or permit such use or conversion, on such terms and condition, as it may specify:
Provided, however, that when it appears to Government that the object in view would
otherwise be defeated by delay it may issue an order prohibiting such conversion or use till
the completion of the enquiry (except on such terms and conditions as may be specified), or
such other order as the circumstances of the case may require, and may from time to time
modify or vary such order.
(1-B)  Notwithstanding  anything  contained  in  sub-sections (1)  and (1-A),  Government
may, when it is satisfied for reasons to be recorded that it is in the interest of agricultural
production,  prohibit  in  any  local  area,  either  absolutely  or  except  upon  such  terms  and
conditions as may be specified, the conversion of any land used for agriculture, for any non-
agricultural purpose including the raisings of crops of coconut, areca nut, cashew or mangoes.
Every such order shall be published in the Official Gazette and in such other manner as may
be prescribed:
Provided, however, that except when the object of the order would be defeated by delay,
Government  shall,  in the  prescribed manner give the  persons  affected an opportunity  of
showing cause against the proposed order.
(1-C) Any person who contravenes an order passed under sub-section (1-A) or sub-section
(1-B) shall be guilty of an offence under section 188 of the Indian Penal Code.
(1-D) Government may take such action as is necessary for enforcing an order passed
under sub-section (1-A) or (1-B).]
(2) 15[The provisions of sub-section (1); (1-A) and (1-B)] shall not apply to land converted
to non-agricultural use for the purpose of any industry 16[house construction] or other schemes
of development approved by the Government.
(3) Save as otherwise provided in this Act expressly or by necessary implication, the
provisions of this Act shall apply to all tenancies of agricultural land notwithstanding any
other law, custom, usage, decree or order of a court or tribunal, or any agreement or contract
to the contrary.
(4) The provisions of any other law for the time being in force relating to leases of
immovable property 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.
CHAPTER II
Security of Tenure
4. Persons deemed to be tenants.— A person lawfully cultivating any land belonging to
another person (hereinafter in this section referred to as the owner) on or after the 1st of July,
1962 but before the commencement of this Act, shall be deemed to be a tenant if such land is
not cultivated personally by the owner and if such person is not —
(i) a member of the owner’s family, or
(ii) 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 of any members of the
owner’s family, or
(iii) a mortgagee in possession:
Provided that if upon an application made by the landlord within one year from the
commencement of this Act to the Mamlatdar within whose jurisdiction the land is situated:
—
(a) the Mamlatdar declares that such person is not a tenant and his decision is not 
reversed on appeal or revision, or
(b) the Mamlatdar refuses to make such declaration but his decision is reversed on 
appeal or revision, such person shall not be deemed to be a tenant under this section:
Provided further that a sub-tenant cultivating any land belonging to, another person 17[“on
or  after  the  1st  of  July,  1962,  but  before  the  commencement  of  this  Act”]  shall,
notwithstanding the fact that the creation of the sub-tenancy might have been prohibited by
any law for the time being in force, be deemed to be lawfully cultivating the land as a tenant
for the purposes of this section; and in such cases, the intermediary tenant or tenants prior to
the creation of the sub-tenancy shall not be deemed to be tenant or tenants for the purposes of
this Act:
18[Provided further that in the case of a person claiming to be a tenant on the ground that he
was a sub-tenant cultivating any land after the 1st July, 1962 but before the commencement of
this Act, the application by the landlord for a declaration that such person is not a tenant may
be made within three months of the commencement of the Goa, Daman and Diu Agricultural
Tenancy (Amendment) Act, 1966].
19[4-A (Omitted).
5. Right  of  persons  holding  on  the  date  of  liberation.—  A  person  who  lawfully
cultivated as a tenant or sub-tenant any land belonging to another person (hereinafter in this
section referred to as the owner) on or after the 19th of December, 1961 but before the 1st
July, 1962 shall be deemed to be a tenant for all the purposes of this Act;
(i) if such person cultivated it personally for any period immediately preceding the 
latter date,
(ii) if such land was not cultivated personally by the owner,
(iii) if such person was not one of the persons mentioned in clauses (i) to (iii) of 
section 4, and
(iv) if such person is restored to possession of such land in pursuance of sub-section
(3) of section 8.
6. Explanations.— For the purposes of sections 4 and 5—
(i) where the person who lawfully cultivated the land on the relevant date is, on or
before the date of coming into force of this Act, dead, his legal representative, or where
there are more than one legal representative all of them jointly shall be entitled to the same
rights and subject to the same obligations as the deceased person;
(ii) where any land is held by two or more persons jointly as tenants, all such persons
shall, if any one of them cultivated and continues to cultivate such land personally, be
deemed to be tenants in respect of such land;
(iii) when any land is cultivated by a widow or minor or a person who is subject to
physical or mental disability or a serving member of the Defence Forces, through a tenant
then notwithstanding anything contained in 20[Explanation (2) to clause (7) of section 2],
such tenant shall be deemed to be a tenant.
7. Question of tenancy.— If any question arises whether any person is a  21[or was] tenant
or should be deemed to be a tenant under this Act the 22 [Mamlatdar] shall, after holding an
inquiry, decide such question.  23[In any such enquiry, the  24[Mamlatdar] shall presume that
any statement as to the existence of a right of tenancy in a record of rights prepared in the
prescribed manner under and in accordance with the provisions of this Act, is true].
25[7A. Question as to nature of land.— If any question arises as to whether any land is or is
not used for agricultural purposes the  26[Mamlatdar] shall, after holding an inquiry, decide
such question.].
8. Bar to eviction and restoration of possession.— (1) No tenancy of any land shall be
terminated and no person holding land as a tenant shall be liable to be evicted there from save
as provided under this Act.
(2) Where any such person as is referred to in section 4 has been evicted from the land on
or after the 1st July, 1962 such person shall be entitled to recover immediate possession of the
land  in  the  manner  prescribed  by or  under  this  Act  unless  the  landlord  proves  that  the
termination of tenancy was in the manner authorised under section 9.
(3) Where any such person as is referred to in section 5 was evicted from such land on or
after the 19th of December, 1961 but before the 1st of July, 1962, such person shall, in the
manner prescribed by or under this Act, be entitled to recover possession of the land if—
(i) he applies to the 27 [Mamlatdar] within six months from the day of coming into force
of this Act stating that he agrees to become a tenant on the same terms and conditions as
existed before and as modified by the provisions of this Act;
(ii) he proves that the eviction was malafied and was intended to defeat the purposes of 
this Act; and
(iii) he pays to the landlord the arrears of rent, if any, due from him under the terms of 
his tenancy or gives sufficient secure therefore:
Provided that where the land from which such person was evicted had been leased out by
the landlord to another person for any perk after the said date, the evicted person shall not be
entitled to recover possession before the first day of the year immediately following the year
in which this Act comes into force.
(4) Notwithstanding anything contained in the foregoing provision where the Government
is satisfied that a tenant has for reasons beyond his control omitted to take step for restoration
of possession within the time prescribed therefore, it may on its own motion, direct the28[Mamlatdar] to entertain and dispose of an application.
(5) Notwithstanding anything contained in the other provisions this Act, where a person
who was holding land on lease from landlord has, in cases coming under section 4, on or after
the 1st July, 1962, and in cases coming under section 5, on or after the 19th December, 1961,
surrendered his right of tenancy to the landlord on or before the 28th July, 1964, he shall not
be entitled to restoration of possession under this Act, if such surrender was voluntary and
was made before the Administrator of the Concelho, in accordance with the rules and orders,
if any, in that behalf or is found to be genuine by the 29[Mamlatdar] after holding an enquiry.
30[8A. Relief in certain cases of threatened wrongful dispossession.—  (1) Any tenant in
possession  of  any land or dwelling  house who apprehends that  he may be dispossessed
contrary  to  the  provisions  of  this  Act,  may  apply  in  the  prescribed  manner  to  the31[Mamlatdar] for an order safe guarding his right to possession.
(2) On such application, the  32[Mamlatdar] if he is satisfied on holding such enquiry as
may be prescribed, that the applicant is entitled to continue in possession, shall, by order,
direct the landlord or any person claiming through him to refrain from disturbing it otherwise
than in accordance with law.
(3) In  any  proceeding  under  this  section,  if  it  is  proved  to  the  satisfaction  of  the33[Mamlatdar]  by  affidavit  or  otherwise  that  the  opponent  threatens  to  dispossess  the
applicant, he may by order grant a temporary injunction restraining such dispossession or
otherwise causing injury until the final disposal of the proceeding or until further orders. In all
such cases the  34[Mamlatdar] shall, except where it appears that the object of granting the
injunction would be defeated by delay, issue notice of the application to the opponent before
granting an injunction.
(4) Any person dispossessing a tenant in contravention of an order made under sub-
section (2) or (3), in addition to any other penalty to which he is subject, on application made
by the tenant within thirty days of such dispossession, and notwithstanding anything to the
contrary in any other provision of this Act, be summarily evicted by the 35[Mamlatdar] who
shall thereupon restore possession to the tenant].
9. Modes of termination of tenancy.— The tenancy of any land may be terminated.
(a) by the tenant by surrender of his right to the landlord in the manner provided in 
section 10; or
(b) by the landlord on the grounds specified in section 11; or
(c) under any other specific provision of this Act.
10. Surrender by tenant.— (1) Any tenant may surrender his right of tenancy in respect
of any land to the landlord and thereupon the tenancy in respect of that land shall stand
terminated if the following conditions are satisfied:
(i) the surrender is made at least one month before the commencement of the year;
(ii) it is made by the tenant in writing and is admitted by him before the 36[Mamlatdar];
(iii) it is made voluntarily and in good faith to the satisfaction of the 37 [Mamlatdar];
(iv) it is approved by the 38[Mamlatdar]; and
(v) the conditions in clauses (a) to (d) of sub-section (4) of section 20 are satisfied.
(2) Where the land is cultivated jointly by joint tenants or members of joint family, the
surrender, unless it is made by all of them shall be ineffective in respect of such joint tenants
or members, as the case may be, as have not joined in the application for surrender.
(3) Where the 39  [Mamlatdar] is of opinion that the conditions mentioned in sub-section
(1) are not satisfied, he may, after giving a reasonable opportunity to the landlord to show
cause against taking action under this sub-section, and holding such enquiry as he may;
(i) refuse to approve the surrender, or
(ii) submit the case to the Government for orders under the next sub-section.
(4) Where a case is submitted under the preceding sub-section, the Government may, by
order, transfer the tenancy right to any other person, including a Comunidade, a Co-operative
Society or a Panchayat, who, in its opinion, is a fit and proper person to be a tenant, and
thereupon such other person shall be deemed to be a tenant for the purposes of this Act.
11. Termination of tenancy by landlord.— (1) The landlord may terminate a tenancy on 
the ground that the tenant:
(a) has failed to pay the rent for any period on or before the date or dates fixed by or
under this Act, or
(b) has done any act which is destructive or permanently injurious to the land, or
(c) has sub-divided, sub-let, or assigned any interest in the land, otherwise than as
permitted under sections 14 and 15, or
(d) has failed to cultivate the land personally, or
(e) has used such land for a purpose other than agriculture.
(2) No tenancy of any land held by a tenant shall be terminated on any of the grounds
mentioned in this section unless the landlord gives at least ninety days notice in writing to the
tenant intimating his decision to terminate the tenancy and the ground for such termination
and unless within that period the tenant has failed to remedy the breach for which the tenancy
is liable to be terminated:
Provided that where the said breach occurs for the second time the tenant shall be liable to
pay to the landlord by way of penalty a sum equal to 50 per cent of the rent payable for that
season for the land in relation to which the breach has occurred:
Provided  further,  that  where  a  breach  of  the  same  kind  occurs  on  more  than  two
consecutive occasions no such notice as is referred to above shall  be necessary and the
landlord shall be entitled to straight away make an application to the  40[Mamlatdar]] under
sub-section (4).
(3) The tenancy of a tenant who is a minor, or is subject to physical or mental disability, or
is a serving Member of the Defence Forces shall not be terminated on the ground only that the
land comprised in the tenancy has been sub-let by or on behalf of such tenant.
(4) Where the landlord after the expiry of the period of notice, if any, mentioned in sub-
section (2) decides to terminate the tenancy under this section, he shall within such time as
may be prescribed apply to the 41 [Mamlatdar] may accord permission or, if he considers it
necessary for reasons to be recorded in writing and after considering the objections, if any, of
the landlord, submit the case to the Government for orders sub-section (4) of section 10.
12. Special provisions regarding termination for non-payment of rent.— (1) Where the
tenancy of any land held by a tenant is terminated for non-payment of rent and the landlord
files any proceeding to eject the tenant, the 42[Mamlatdar] shall call upon the tenant to tender
to the landlord the rent in arrears together with the cost of the proceedings within thirty days
from the date of the order and if the tenant complies with such order, the 43[Mamlatdar]] shall,
in lieu of making an order of ejectment, pass an order directing that the tenancy has not been
terminated, and thereupon the tenant  shall hold the land as if  the tenancy had not been
terminated:
Provided that nothing in this section shall apply to any tenant whose tenancy is terminated
for non-payment of rent if he has failed for any three years to pay rent within the period fixed
by or under this Act and the landlord has complied with the requirements, if any, of any notice
to the tenant by or under this Act.
(2) The landlord may apply to the  44[Mamlatdar] in the prescribed form for recovery of
arrears of rent for any period not exceeding three years. The 45[Mamlatdar] may, after such
enquiry as he considers necessary, pass such order as he deems fit. The  46[Mamlatdar] in
passing an order shall allow the tenant to set off the sum, if any, paid by him to the landlord
within the period of three years immediately preceding the date of application made under
sub-section (1) in excess of the rent due from him:
Provided that if the  47[Mamlatdar] is satisfied that in consequence of a total or partial
failure of crops or similar calamity the tenant has been unable to pay the rent  due, the48[Mamlatdar] may, for reasons to be recorded in writing,
(i) direct, after hearing the landlord, that no rent shall be payable for the period of such
failure of crops by the tenant, or
(ii) direct, after hearing the tenant and the landlord, that the arrears of rent, or such part
thereof as may be considered reasonable by the  49[Mamlatdar], together with the cost of
proceedings, if awarded, shall be paid within one year from the date of the order and that if
before expiry of the said period the tenant fails to pay the said arrears of rent and costs the
tenancy shall be deemed to be terminated and the tenant shall be liable to be evicted.
(3) When a tenant tenders an amount on account of rent to the landlord for any period and
if the landlord refuses to receive it or grant a receipt for it, the tenant may present to the50[Mamlatdar] an application in writing for permission to deposit in his office the full amount
of rent. The 51[Mamlatdar] may receive the amount in deposit and give a receipt for it. Notice
of the amount so deposited shall be given to the landlord and if the 52 [Mamlatdar] is satisfied
that the payment by the tenant was bona fide it shall be paid to the landlord, and thereupon it
shall constitute a discharge of the tenant’s liability in respect of the rent for such period and no
claim or application by a landlord for rent shall be maintainable in respect of the period for
which the rent has been so deposited by the tenant.
13. Tenancy during usufructory mortgage.— If any land is mortgaged by a landlord by
way of usufructory 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 for the tenant to
continue to hold the land on the terms and conditions on which he held it before the mortgage
was created.
53[13A. Tenant’s right of first purchase.— (1) When a landlord intends to sell any land
cultivated by a tenant he shall give notice of his intention to the tenant in the prescribed
manner and shall specify the price at which the sale is to take place and call upon him to state
within 90 days of receipt of the notice whether he is willing to buy the land at the price
specified.
(2) The tenant may within 90 days of receipt of the notice signify in the prescribed manner
his readiness to purchase the land at the price specified in the notice and there upon a contract
to purchase the land at the said price shall be deemed to have been concluded between the
landlord and the tenant.
(3) If the tenant is willing to purchase the land but contends that the price specified in the
notice is excessive he may apply to the Collector in the prescribed manner within 30 days of
receipt of notice under sub-section (1) for determining the price whereupon the Collect shall
determine the same in the prescribed manner in accordance with the principles laid down in
the Land Acquisition Act, 1894 and the price so determined by the Collector shall be deemed
to be the price specific in the notice under sub-section (1). But the tenant shall in such an
event exercise the option conferred by sub-section (2) within 60 days the receipt of notice of
the price fixed by the Collector.
(4) If the tenant fails within the period specified in sub-section (1) to signify his acceptance
as provided in sub-section (2), the landlord shall be free to sell the land in question to any
person at a price not lower than that set out in the notice or the price determined by the
Collector under sub-section (3) as the case may be.
(5) Any sale by a landlord to a person other than a tenant without giving the notice required
by sub-section (1), or before the expiry of the period of the said notice or at price lower than,
that set out in the notice or the price determined by the Collector under sub-section (3) as the
case may be, shall be void.
(6) Notwithstanding anything in this section, a tenant who fails to avail himself of the offer
of first purchase made under sub-section (1) shall not, by reason thereof, cease to be a tenant,
but shall continue as tenant under the new owner on the same terms and conditions as before.
(7) Government may, subject to due appropriation being made in this behalf, grant on such
terms as may be prescribed, a loan to a tenant for the purchase of any land in respect of which
a notice has been served upon him under sub-section (1).]
14. Rights of tenants are heritable. — (1) Where a tenant dies the landlord shall be 
deemed to have continued the tenancy —
(a) if such tenant was a member of a joint family, to the surviving member or members of 
the said family, and
(b) if such tenant was not a member of a joint family, to his, heir or heirs on the same terms
and conditions on which such tenant was holding it at the time of his death.
(2) The surviving members, or as the case may be, the heirs to whom the tenancy is
continued under sub-section (1) shall be entitled to partition and sub-division of the land
leased subject to the following conditions:
(a) each sharer shall hold his share as a separate tenant;
(b) the rent payable in respect of the land leased shall be apportioned among the
shares according to share allotted to them; and if any question arises regarding the shares or
the apportionment of the rent payable by the sharers, it shall be decided by the 54[Mamlatdar]
whose decision shall be final.
55[“Provided, however, that no partition or sub-division shall be permissible if the share
allotted to any heir or any co-partner together with any other land already held by him is less
than 1/3 hectare of morod land and 1/4 hectares of Khajan or Kher land.
Explanation.—  The allotment of a separate number to any portion of the land for the
purposes of land records or land survey under any law for the time being in force shall not, by
itself amount to a sub-division or partition for the purpose of this sub-section”.]
(3) Where any question arises as to the person or persons in whose favour tenancy is
deemed  to  have  been  continued  under  the  foregoing  provisions,  such  question  shall  be
determined by the 56 [Mamlatdar] after hearing the landlord and other persons interested in the
matter:
Provided  that  nothing  in  this  sub-section  shall  preclude  the  rights  of  parties  being
determined by a court of law.
15. Sub-division,  sub-letting  and  assignment  prohibited.—  (1)  Save  as  otherwise
provided in this Act, no sub-division or sub-letting of the land held by a tenant or assignment
of any interest therein, shall be valid.
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for a tenant:—
(a) who is a widow, minor or a person subject to any physical or mental disability, or a
serving member of the Defence Forces to sub-let such land held by her or him as a tenant,
or
(b) who is a member of a Co-operative Society and as such member to sub-let, assign, 
mortgage or to create a charge on his interest in the land in favour of such Society.
(3) Notwithstanding anything contained on sub-section (1), it shall also be lawful for a
tenant to mortgage or create a charge on his interest in the land in favour of the Government
or  of  a  Co-operative  Society, 57[or  corresponding  new  Bank]  in  consideration  of  a  loan
advanced to him by the Government or the Co-operative Society, [or corresponding new
Bank] as the case may be and without prejudice to any other remedy open to the Government
or the Co-operative Society, 58[or corresponding new Bank] as the case may be, in the event of
his making default in payment of such loan in accordance with the terms on which such loan
was  granted  it  shall  be  lawful  for  the  Government  or  the  Co-operative  Society,  59[or
corresponding new Bank] as the case may be, to cause his interest in the land to be attached
and sold and the proceeds to be applied in payment of such loan.
60[“15A. Lands mortgaged to Government and co-operative societies.—  When a tenant
has mortgaged his interest in the land in favour or Government or a co-operative society 61[or
corresponding new Bank] with the permission of Government, in consideration of a loan
advanced to him, then notwithstanding anything contained in any other provision of this Act,
the  landlord  shall  not,  while  the  mortgage  subsists,  without  the  prior  permission  of
Government, be entitled to resume the land for personal cultivation, or to terminate the
tenancy on any of the grounds mentioned in section 11 or otherwise, nor shall the tenant be
entitled  without  such  permission  to  surrender  his  interest  to  the  landlord  and  any  such
surrender shall be void:
Provided, however, that for the period during which such permission has been sought but
has not been granted, the obligations of the tenant under this Act to the landlord shall devolve
upon Government or the co-operative society 62[or corresponding new Bank] as the case may
be”.
63[Explanation.— For the purposes of sections 15 and 15A, the expression “corresponding
new Bank” means a corresponding new bank constituted under section 3 of the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970.)]
16. Bar  to  attachment,  seizure  or  sale  by  process  of  Court.—  Save  as  expressly
provided in this Act any interest in the land held by a tenant as such shall not be liable to be
attached, seized or sold in execution of a decree or order of a Civil Court.
6417- Repealed
18. Procedure for taking possession.— (1) A tenant 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 65[Mamlatdar]. The application shall be made in such form and within such
period as may be prescribed by or under this Act.
(2) No landlord shall obtain possession of any land or dwelling house held by a tenant
except under an order of the 66 [Mamlatdar], for which he shall make an application in such
form and within such period as may be prescribed by or under this Act.
(3) On receipt of an application under sub-section (1) or (2) the 67 [Mamlatdar]shall, after
holding an enquiry, pass such orders thereon as he deems fit, with due regard to the other
provisions of this Act and the Rules.
(4) Any tenant or landlord taking possession of any land or dwelling house except in
accordance with the provisions of sub-section (1) or (2), shall be liable to forfeiture of crops,
if any, grown in the land in favour of the landlord or the tenant, as the case may be, in
addition  to  payment  of  such  costs  as  may  be  awarded  by  the  68[Mamlatdar]  or  by  the69[Collector] on appeal and also to the penalty, if any, prescribed by or under this Act.
(5) The Government may, by notification, direct that the provisions of the foregoing sub-
sections shall apply to sites used for allied pursuits as they apply to sites of dwelling houses of
an agriculturist and thereupon the provisions shall so apply.
70[“CHAPTER IIA
Special rights and privileges of tenants
18A. Tenants deemed to have purchased lands on tillers’ day. —  (1) On the  71tillers
‘day, every tenant shall,  subject  to the other provisions of this Act, be deemed to have
purchased from his landlord the land held by him as a tenant and such land shall vest in him
free from all encumbrances subsisting on the said day.
(2) Where a tenant, on account of his eviction from the land by the landlord before the
tillers’ day, is not in possession of the land on the said day, but has made or makes an
application for possession of the land under section 18 within the period specified therein,
then, if the application is allowed by the 72[Mamlatdar] or, as the case may be, 73[ in appeal by
the Collector or in revision by the Administrative Tribunal], he shall be deemed to have
purchased the land on the day on which the final order allowing the application is passed.
(3) Where a tenant referred to in sub-section (2) has not made an application for possession
within the period specified under section 18 or the application made by him is finally rejected
under this Act, and the land is held by any other person as tenant on the expiry of the said
period or on the date of the final rejection of the application, such other person shall be
deemed to have purchased the land on the date of the expiry of the said period or, as the case
may be, on the date of the final rejection of the application.
(4) If a tenant is not in possession of the land on the tillers’ day on account of his being 
dispossessed otherwise than in the manner provided in section 11 and the land is—
(a) in possession of the landlord or his successor in interest; and
(b) not put to a non-agricultural use, the  74[Mamlatdar] shall notwithstanding anything
contained in this Act, either suo-motu or on the application of the tenant, hold an inquiry and
direct that such land shall be taken from the possession of the landlord or, as the case may be,
his successor in interest and shall be restored to the tenant and the provisions of this Chapter
shall, in so far as they may be applicable, apply thereto, subject to the modification that the
tenant shall be deemed to have purchased the land on the date on which the land is restored to
him:
Provided that the tenant shall not be entitled to restoration under this sub-section unless he 
undertakes to cultivate the land personally.
Explanation.— In this sub-section, “successor-in-interest” means a person who acquires 
the interest by testamentary disposition or devolution on death.
(5) In respect of the land deemed to have been purchased by a tenant under sub-section (1),—
(a) the tenant-purchaser shall be liable to pay to the former landlord the purchase price;
and
(b) the tenant-purchaser shall be liable to pay to the Government, the dues, if any, from 
the tillers’ day.
18B. Right of tenant to purchase land where he is a minor, etc.— (1) Notwithstanding
anything contained in section 18A, where the tenant is a minor or a widow or a person subject
to mental or physical disability or a serving member of the Defence Forces, the right to
purchase land under that section may be exercised—
(a) by the minor within one year from the date on which he attains majority;
(b) by the successor in title of the widow within one year from the date on which her 
interest in the land ceases to exist;
(c) within one year from the date on which the mental or physical disability of the 
tenant ceases to exist;
(d) within one year from the date on which the tenant ceases to be a serving member of 
the Defence Forces:
Provided that where a person of any such category is a member of a joint family, the
provisions of this sub-section shall not apply if at least one member of the joint family is
outside the categories mentioned in this sub-section, unless before the tillers’ day the share of
such  person  in  the  joint  family  has  been  separated  by  metes  and  bounds,  and  the75[Mamlatdar] on inquiry is satisfied that the share of such person in the land is separated
having regard to the area, assessment, classification and the value of the land, in the same
proportion as the share of that person in the entire joint family property.
(2) A tenant desirous of exercising the right conferred on him under sub-section (1) shall
give  an  intimation  in  that  behalf  to  the  landlord  and  the  76[Mamlatdar]  within  whose
jurisdiction the land is situated in the prescribed manner within the period specified in that
sub-section.
(3) The provisions of section 18A and sections 18C to 181 shall, so far as may be 
applicable, apply to such purchase.
18C. 77[Mamlatdar]to issue notices and determine price of land to be paid by tenants.
— (1) As soon as may be after the tillers’ day, the  78[Mamlatdar] shall publish or cause to be
published a public notice in the prescribed form in the Official Gazette and also in such other
manner as may be prescribed calling upon—
(a) all tenants who under section 18A are deemed to have purchased the lands;
(b) all landlords of such land; and
(c) all other persons interested therein, to appear before him on the date specified in the
notice.
79[(2) Notwithstanding anything contained in sub-section (1), the 80[Mamlatdar] may, on his
own motion or on an application from any person who has been called upon to appear before
him under sub-section (1), give an opportunity to appear before him on any subsequent day,
time and place other than that specified in the public notice under sub-section (1), to—
(a) such tenants or such persons claiming to be tenants;
(b) such landlords and other interested parties, who had appeared before the 81[Mamlatdar] in response to notice published under sub-section (1)”;]
(3) The 82[Mamlatdar] shall record in the prescribed manner the statement of the tenant 
whether he is or is not willing to purchase the land held by him as a tenant.
(4) Where any tenant 83[…] makes a statement that he is not willing to purchase the land,
the  84[Mamlatdar] shall, by an order in writing declare that such tenant is not willing to
purchase the land and that the purchase is ineffective:
Provided  that  if  such  order  is  passed  in  default  of  the  appearance  of  any  party,  the85[Mamlatdar] shall communicate such order to the parties and any party on whose default the
order was passed may within sixty days from the date on which the order was communicated
to him apply for the review of the same.
(5) If a tenant is willing to purchase, the 86[Mamlatdar] shall, after giving an opportunity to
the tenant and the landlord and all other persons interested in such land to be heard and after
holding  an  inquiry  determine  the  purchase  price  for  such  land  in  accordance  with  the
provisions of section 18D.
(6) In the case of a tenant who is deemed to have purchased the land on a date subsequent
to the tiller’s day, the 87[Mamlatdar] shall, as soon as may be after such day, determine the
price of the land.
18D. Purchase price payable to the landlords.—  (1) The purchase price payable by a
tenant to the landlord in relation to the land which has been deemed to have been purchased
by the tenant under section l8A shall be 88[…] the amount indicated in column 2 of the Table
below in respect of the categories of land specified in the corresponding entry in column
thereof 89[...].
TABLE
Category of land
Purchase price
(in rupees) per hectare
2 Garden consisting primarily of.—
a) Coconut trees 4,000
b) Arecanut trees 3,000
c) Mango trees 2,500
d) Cashew trees 1,600
Rice land:
a)

Excerpt shown. Open the full act in Lexace.

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