LexThe Maharashtra Tenancy and Agricultural Lands Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1948 : LXVII] 1
THE MAHARASHTRA TENANCY AND AGRICULTURAL LANDS ACT
[Text as on 27th November 2025]
______________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title and extent.
2. Definitions.
CHAPTER II
GENERAL PROVISIONS REGARDING TENANCIES
3. Application of Chapter V of Transfer of Property Act.
4. Persons to be deemed tenants.
4A. Protected tenants.
4B. Tenancy not to be terminated by efflux of time.
5. Ceiling area.
6. Economic holding.
6A. Irrigated land.
7. Power of Government to vary ceiling area and economic holding.
8. Rent and its maximum and minimum.
9. Rate of rent payable by tenant to his landlord.
9A. Quantum of rent payable by tenant to landlord.
9B. Landlord not liable to make contribution towards cost of cultivation.
9C. Liability of tenant to payment until rent is fixed under preceding sections.
10. Refund of rent recovered in contravention of the provisions of the Act and other
penalties.
10A. Liability of tenant to pay land revenue and certain other cesses.
11. Abolition of all cesses, etc.
12. [Deleted].
13. Suspension or remission of rent.
14. Termination of tenancy for default of tenant.
15. Termination of tenancy by surrender thereof.
16. Bar to eviction from dwelling houses.
17. Tenant to be given first option of purchasing site on which he has built a dwelling house.
17A. Tenant’s right to purchase sites referred to in section 16.
17B. Tenant to be deemed to have purchased sites referred to in section 16 from specified
date.
18. Dwelling houses of agricultural labourers, etc.
2 The Maharashtra Tenancy and Agricultural Lands Act [1948 : LXVII
19. Tenant’s right to trees planted by him.
20. Right to produce of naturally growing trees.
21. [Deleted].
22. Tenants responsible for maintenance of boundary marks.
23. Repairs of protective bunds.
24. Relief against termination of tenancy in certain cases.
25. Relief against termination of tenancy for non-payment of rent.
25A. Tenancy to be in abeyance during usufructuary mortgage in favour of tenant.
26. Receipts for rent.
27. Sub-division, sub-letting and assignment prohibited.
28. Bar to attachment, seizure or sale by process of court.
29. Procedure of taking possession.
29A. Provisions of section 29 to apply to sites used for allied pursuits.
30. Rights and privileges of tenants not to be affected.
CHAPTER III
SPECIAL RIGHTS AND PRIVILEGES OF TENANTS AND PROVISIONS FOR
DISTRIBUTION OF LAND FOR PERSONAL CULTIVATION
(I) Termination of tenancy for personal cultivation and non-agricultural use.
31. Landlord’s right to terminate tenancy for personal cultivation and non -agricultural
purpose.
31A. Conditions of termination of tenancy.
31B. No termination of tenancy in contravention of Bom. LXII of 1947 or if tenant is member
of co-operative farming society.
31BB. [Deleted].
31C. Landlord not entitled to terminate tenancy for personal cultivation of land left with
tenant.
31D. Apportionment of rent after termination of tenancy for land left with tenant.
(II) Purchase of land by tenants.
32. Tenants deemed to have purchased land on tillers day.
32A. Tenants deemed to have purchased upto ceiling area.
32B. When tenants not deemed to have purchased lands.
32C. When tenants entitled to choose lands to be purchased.
32D. When tenants deemed to have purchased fragments.
32E. Disposal of balance of lands after purchase by tenants.
32F. Right of tenant to purchase where landlord is minor, etc.
32G. Tribunal to issue notices and determine price of land to be paid by tenants.
32H. Purchase price and its maxima.
32I. Sub-tenant of permanent tenant to be deemed to have purchased land.
32J. [Deleted].
1948 : LXVII] The Maharashtra Tenancy and Agricultural Lands Act 3
32K. Mode of payment of price by tenant -purchaser and the power of Tribunal to recover
purchase price.
32L . [Repealed].
32M. Purchase to be ineffective on tenant-purchaser’s failure to pay purchase price.
32MM. Certain purchases not to become ineffective.
32N. Landlord’s right to recover rent when purchase becomes ineffective.
32O. Right of tenant whose tenancy is created after tiller’s day to purchase land.
32P. Power of Tribunal to resume and dispose of land not purchased by tenants.
32Q. Amount of purchase price to be applied towards satisfaction of debts.
32R. Purchaser to be evicted if he fails to cultivate personally.
33. Right of tenants to exchange land.
(IIA) Termination of tenancy by Landlords, and purchase by tenants,
of lands to which section 88C applies.
33A. Definitions.
33B. Special right of certificated landlord to terminate tenancy for personal cultivation.
33C. Tenants of lands mentioned in section 88C to be deemed to have purchased land and
other incidental provisions.
(III) Restriction upon holding Land in excess of ceiling area.
34. [Deleted].
34A. Holders of land to furnish particulars of land to Mamlatdar.
35. [Deleted].
35A. Determination of excess land cases.
36. Fragment in excess of economic holding or ceiling area may be permitted to remain with
holder.
37. Landlord to restore possession if he fails to cultivate within one year.
38. [Deleted].
39. Application for recovery of possession by tenant.
40. Continuance of tenancy on death of tenant.
41. Compensation for improvement made by tenant.
42. Tenant’s right to erect farm-house.
43. Restriction on transfer of land purchased or sold under this Act.
CHAPTER III-AA
SPECIAL PROVISIONS FOR TERMINATION OF TENANCY BY LANDLORDS WHO ARE
OR HAVE BEEN SERVING MEMBERS OF THE ARMED FORCES; AND FOR
PURCHASE OF THEIR LANDS BY TENANTS
43-1A. Definition.
43-1B. Right of landlord to terminate the tenancy.
43-1C. Transfer of pending proceedings to Collector and State Government.
43-1D. Right of tenant to purchase land from landlord.
43-1E. Saving.
4 The Maharashtra Tenancy and Agricultural Lands Act [1948 : LXVII
CHAPTER III-A
SPECIAL PROVISIONS FOR LANDS HELD ON LEASE BY INDUSTRIAL OR
COMMERCIAL UNDERTAKINGS AND BY CERTAIN PERSONS FOR THE
CULTIVATION OF SUGARCANE AND OTHER NOTIFIED
AGRICULTURAL PRODUCE
43-A. Some of the provisions not to apply to leases of land obtained by industrial or
commercial undertakings, certain co-operative societies or for cultivations of sugarcane
or fruits or flowers.
43-B. Reasonable rent of land to which section 43-A applies.
CHAPTER III-B
SPECIAL PROVISIONS IN RESPECT OF THE AREAS WITHIN THE LIMITS
OF A MUNICIPALITY OR A CANTONMENT
43-C. Certain provisions not to apply to municipal or cantonment areas.
43-D. [Deleted].
CHAPTER IV
MANAGEMENT OF ESTATES HELD BY LAND HOLDERS
44. Powers to assume management of land-holder’s estate.
45. Vesting of estate in management.
46. Effect of declaration of management.
47. Manager’s powers.
48. Manager to pay costs of management, etc.
49. Notice to claimants.
50. Claim to contain full particulars.
51. Claim not duly notified to be barred.
52. Determination of debts and liabilities.
53. Power to rank debts and fix interest.
54. Scheme for liquidation.
55. Provisions of scheme.
56. Effects of sanctioning scheme.
57. Power to remove mortgagee in possession.
58. Power to sell or lease.
59. Manager’s receipt a discharge.
60. Holder of estate dying.
61. Termination of management.
62. Manager deemed to be public servant.
CHAPTER V
RESTRICTIONS ON TRANSFERS OF AGRICULTURAL LANDS, MANAGEMENT
OF UNCULTIVATED LANDS AND ACQUISITION OF ESTATES AND LANDS
63. Transfers to non-agriculturists barred.
63-IA. Transfer to non-agriculturist for bona-fide industrial use.
1948 : LXVII] The Maharashtra Tenancy and Agricultural Lands Act 5
63-A. Reasonable price of land for the purpose of its sale and purchase.
64. Sale of agricultural land to particular person.
64-A. Exemption to sales by or in favour of co-operative societies.
65. Assumption of management of lands which remained uncultivated.
66. Acquisition of estate or land under management or interest therein.
CHAPTER V-A
CONSTRUCTION OF WATER-COURSE THROUGH LAND OF ANOTHER
[Deleted].
CHAPTER VI
PROCEDURE AND JURISDICTION OF TRIBUNAL, MAMLATDAR AND
COLLECTOR; APPEALS AND REVISION
67. Tribunal.
68. Duties of the Tribunal.
69. Powers of the Tribunal.
70. Duties of the Mamlatdar.
71. Commencement of proceedings.
72. Procedure.
72AA. Distribution of business amongst Mamlatdars.
72A. Power of Collector to transfer proceedings.
72B. Application for possession of land made to different Mamlatdars to be heard by
designated Mamlatdar.
72C. Designated Tribunal to conduct proceedings in respect of land held by the same tenant
in different areas.
73. Execution of order for payment of money or for restoring possession.
73A. Powers to Collector in inquiries under sub -section (3-A) of s ection 29; provision as
respects revision and execution of orders.
74. Appeals.
74A. Powers of Collector to transfer and withdraw appeals.
75. Appeal against award of Collector.
76. Revision.
76A. Revisional powers of Collector.
77. Court-fees.
78. Orders in appeal or revision.
79. Limitation.
80. Inquiries and proceedings to be judicial proceedings.
80-A. [Deleted].
CHAPTER VII
OFFENCES AND PENALTIES
81. Offences and penalties.
6 The Maharashtra Tenancy and Agricultural Lands Act [1948 : LXVII
CHAPTER VIII
MISCELLANEOUS
82. Rules.
83. Delegation of powers and duties.
83A. Restriction on acquiring land by transfer which is invalid.
84. Summary eviction.
84A. Validation of transfers made before appointed day.
84B. Certain transfers made between appointed date and commencement of Amending Act,
1955, invalid.
84C. Disposal of land, transfers or acquisitions of which is invalid.
84CC. Disposal of land, transfer or acquisitions of which is invalid for breach of conditions.
84D. Temporary leases of land liable to be disposed of under section 32P or 84C.
85. Bar of jurisdiction.
85A. Suits involving issues required to be decided under this Act.
86. Control.
87. Indemnity.
87A. Saving in respect of Provisions of Land Tenures Abolition Act.
88. Exemption to Government lands and certain other lands.
88AI. Special provisions in respect of tenants of certain lands in villages specified in Schedule
IV.
88A. Provisions of Act not to apply to land transferred to or by Bhoodan Samiti.
88B. Exemption from certain provisions to land of local authorities, universities and trusts.
88C. Exemption from certain provisions of lands leased by persons with the annual income
not exceeding Rs. 1,500.
88CC. Provisions of Act not to apply in relation to certain leases.
88CA. Sections 32 to 32R not to apply to certain service lands.
88CB. Sections 32 to 32R not to apply to saranjam.
88D. Power of Government to withdraw exemption.
89. Repeal.
89A. Removal of doubt.
90. Enactments amended.
SCHEDULE I
SCHEDULE II
SCHEDULE III
SCHEDULE IV
1948 : LXVII] The Maharashtra Tenancy and Agricultural Lands Act 7
LIST OF AMENDMENT ACTS
1. Adapted and modified by the Adaptation of laws Order, 1950.
2. Amended by Bom. 12 of 1951
3. Amended by Bom. 34 of 1951
4. Amended by Bom. 45 of 1951
5. Amended by Bom. 33 of 1952
6. Amended by Bom. 60 of 1953
7. Amended by Bom. 13 of 1956
8. Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)
order, 1956.
9. Amended by Bom. 15 of 19571
10. Amended by Bom. 38 of 19572
11. Amended by Bom. 63 of 19583
12. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
13. Amended by Mah. 9 of 1961
14. Amended by Mah. 27 of 1961
15. Amended by Mah. 36 of 1962
16. Amended by Mah. 8 of 1963
17. Amended by Mah. 39 of 1964
18. Amended by Mah. 31 of 1965
19. Amended by Mah. 4 of 1966
20. Amended by Mah. 41 of 1966
21. Amended by Mah. 49 of 1969
22. Amended by Mah. 35 of 1974 (6-7-1974)
1 Section 17 of Bom. 15 of 1957 reads as follows :—
“17. Certain amendments to have retrospective effect.— The amendments made to the said Act by sections 2, 3,
4, 5, 6, 7, 8, 9, 11, 12, 13, and 14 by sub -clause (a) of clause (1) and clause (2) of section 15 of this Act shall be deemed
to have been made and to have come into force on the date on which the Bombay Tenancy and Agricultural Lands
(Amendment) Act, 1955 (Bom. XIII of 1956), came into force.”.
2 Section 34 of Bom. 38 of 1957 reads as follows :—
“34. Certain amendments to have retrospective effect.— The amendments made to the said Act by sub-section (2)
of section 2, sections 3, 4, 5, 11, 12, and 13, Sub-section (1) of section 14 and sections 18, 20 and 28, shall be deemed to
have been made and to have come into force on the date on which the Bombay Tenancy and Agricultural Lands
(Amendment) Act, 1955 (Bom. XIII of 1956), came into force.”.
3 Section 21 of Bom. 63 of 1958 reads as follows :—
“21. Certain amendments to have retrospective effect and refund of penalty.— (1) The amendments made to the
principal Act by sections 3, 5, 6, 7, 12, 13, 14, 15, 16, 17, 18 and 20 of this Act shall be deemed to have been made and to
have come into force, on the date on which the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955 (Bom.
XIII of 1956), came into force.
(2) The amount of penalty, if any, paid by a transferee under section 84A of the principal Act, before the coming into
force of this Act shall to the extent to which it is in excess of the amount payable under the said section as amended by this
Act be refunded.
(3) If any transfer in favour of the tenant is declared invalid under section 84B or 84C of the principal Act, before the
coming into force of this Act and if the tenant pays to the State Government a penalty as prescribed in the said section 84B
or 84C, as amended by section 13 or 14 of this Act such transfer shall be revalidated by the Mamlatdar.”.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
8 The Maharashtra Tenancy and Agricultural Lands Act [1948 : LXVII
23. Amended by Mah. 21 of 1975 (19-9-1975)
24. Amended by Mah. 10 of 1977 (11-3-1977)
25. Amended by Mah. 5 of 1982 (5-2-1982)
26. Amended by Mah. 28 of 19941 (3-2-1994)
27. Amended by Mah. 10 of 2001 (23-1-2001)
28. Amended by Mah. 25 of 2005 2 (17-5-2004)
29. Amended by Mah. 5 of 2006 (23-1-2001)
30. Amended by Mah. 24 of 2012 (22-8-2012)
31. Amended by Mah. 1 of 2014 (7-2-2014)
32. Amended by Mah. 10 of 2014 (27-6-2014)
33. Amended by Mah. 1 of 2016 (1-1-2016)
34. Amended by Mah. 20 of 2016 3 (7-5-2016)
35. Amended by Mah. 56 of 2018 (1-1-2016)
1 Maharashtra Ordinance No. III of 1994 was repealed by Mah. 28 of 1994.
2 Maharashtra Ordinance No. XVI of 2004 was repealed by Mah. 25 of 2005, s. 5.
3 Section 8 of Mah. 20 of 2016 reads as under :—
“8. Power to remove difficulty .— (1) If any difficulty arises in giving effect to the provisions of the Maharashtra
Tenancy and Agricultural L ands Act (LXVII of 1948) , the Hyderabad Tenancy and Agricultural Lands Act, 1950
(Hyd. Act XXI of 1950) and the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act (XCIX of 1958), as
amended by this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do
anything not inconsistent with the provisions of the said Acts, as amended by this Act, which appears to it to be necessary
or expedient for the purpose of removing the difficulty :
Provided that, no such order shall be made after expiry of a period of two years from the date of commencement of
this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of the
State Legislature.”.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
1948 : LXVII] The Maharashtra Tenancy and Agricultural Lands Act 9
ACT NO. LXVII OF 19481
[THE MAHARASHTRA TENANCY AND AGRICULTURAL LANDS ACT.]
[This Act received the assent of the Governor General on the 16th December 1948; assent was first
published in the Bombay Government Gazette, Part IV, on the 28th December 1948.]
An Act to amend the law relating to tenancies of agricultural lands and to make
certain other provisions in regard to those lands.
WHEREAS it is necessary to amend the law which governs the relations of landlords and tenants
of agricultural lands;
AND WHEREAS on account of the neglect of a landholder or disputes between a landholder
and his tenants, the cultivation of his estate has seriously suffered, or for the purpose of improving the
economic and social conditions of peasants or ensuring the full and efficient use of land for agriculture,
it is expedient to assume management of estates held by landholders and to regulate and impose
restrictions on the transfer of agricultural lands, dwelling houses, sites and lands appurtenant thereto
belonging to or occupied by agriculturists, agricultural labourers and artisans in the Province of Bombay
and to make provisions for certain other purposes hereinafter appearing; It is hereby enacted as
follows :—
CHAPTER I
PRELIMINARY
1. Short title and extent.— (1) This Act may be called the 2[Maharashtra Tenancy and Agricultural
Lands Act].
(2) It extends to the 3[Bombay area of the State of Maharashtra].
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
4[(1) “Agriculture” includes horticulture, the raising of crops, grass or garden produce, 5[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 and 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;
6[(2A) “allied pursuits” means dairy farming, poultry farming, breeding of livestock, grazing
7[(other than the pasturage of one’s own agricultural cattle)] and such other pursuits as may be
prescribed;
(2B) “appointed day” means the 15th day of June 1955;
(2C) “backward area” means any area declared by the State Government to be a backward
area being an area in which, in the opinion of the State Government, socially, economically and
educationally backward classes of citizens predom inate; and includes an area declared to be a
Scheduled area under paragraph 6 of the fifth Schedule to the Constitution of India;
(2D) “ceiling area” means in relation to land held by a person whether as an owner or tenant
or partly as owner and partly as tenant the area of land fixed as ceiling area under section 5 or 7;
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1948, Part V, Page 295.
2 The Short title “Bombay Tenancy and Agricultural Lands Act, 1948” was amended b y Mah. 24 of 2012, s. 2 and 3,
Schedule, entry 33, with effect from the 1st May 1960.
3 These words were substituted for the words “ pre-Reorganisation State of Bombay excluding the transferred territories”
by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
4 Clauses (1) and (1A) were substituted for the original clause (1) by Bom. 13 of 1956, s. 2(1).
5 These words were inserted by Bom. 15 of 1957, s. 2(a).
6 Clauses (2A), (2B), (2C), (2D) and (2E) were substituted for the original clause (2A) by Bom. 13 of 1956, s. 2(2).
7 These words and brackets were inserted by Bom. 15 of 1957, s. 2(b).
10 The Maharashtra Tenancy and Agricultural Lands Act [1948 : LXVII
(2E) “Collector” i ncludes an Assistant or Deputy C ollector performing the duties and
exercising the powers of the Collector under the 1Bombay Land Revenue Code, 1879 (Bom. V of
1879), or any other officer specially empowered by the State Government to perform the functions
of the Collector under this Act];
(3) “Co-operative Society” means a society registered under the provisions of the 2Bombay
Co-operative Societies Act, 1925 (Bom. VII of 1925), or a society deemed to have been registered
under the said Act;
(4) “Co-operative Farming Society” means a society registered as such under the 3Bombay
Co-operative Societies Act, 1925 (Bom. VII of 1925);
4[(5) “to cultivate” with its grammatical variations and cognate expressions means to till or
husband the land for the purpose of raising or improving agricultural produce, whether by manual
labour or by means of cattle or machinery, or to carry on any agricul tural operation thereon; and
the expression “uncultivated” shall be construed correspondingly.
Explanation.— A person who takes up a contract to cut grass, or to gather the fruits or other
produce of trees on any land, shall not on that account only be deemed to cultivate such land;]
5[(6) “to cultivate personally” means to cultivate land on one’s own account—
(i) by one’s own labour, or
(ii) by the labour of any member of one’s family, or
(iii) under the personal supervision of oneself or any member of one’s family, by hired
labour or by servants on wages payable in cash or kind but not in crop share,
being land, the entire area of which—
(a) is situate within the limits of single village, or
(b) is so situated that no piece of land is separated fro m another by a distance of
more than miles, or
(c) forms one compact block:
Provided that the restrictions contained in clauses (a), (b) and (c) shall not apply to any
land,—
(i) which does not exceed twice the ceiling area,
(ii) upto twice the ceiling area, if such land exceeds twice the ceiling area.
Explanation I. — A widow or a minor, or a person who is subject to physical or mental
disability, or a serving member of the armed forces shall be deemed, to cultivate the land personally
if such land is cultivated by servants, or by hired labour, or through tenants.
Explanation II.— In the case of a joint family, the land shall be deemed to have been cultivated
personally if it is cultivated by any member of such family;]
6[* * *]
7[(6A) “economic holding” means in relation to land held by a person, whether as an owner
or tenant, or partly as owner and partly as tenant, the area of land fixed as an economic holding
under section 6 or 7;
(6B) “fragment” means a fragment as defined in sub-section (4) of section 2 of the 8Bombay
Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947);]
1 See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
2 See now the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961).
3 See now the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961).
4 This clause was substituted for the original by Bom. 13 of 1956, s. 2(3).
5 This clause was substituted for the original by Bom. 13 of 1956, s. 2(4).
6 Clause (6AA) which was inserted by Bom. 38 of 1957, s. 2(1) was deleted by Bom. 63 of 1958, s. 2.
7 Clauses (6A) and (6B) were inserted by Bom. 13 of 1956, s. 2(5).
8 The short title of the Act has be en amended as “the Maha rashtra P revention of Fragmentation and Consolidation of
Holdings Act (LXII of 1947)” by Mah. 24 of 2012, Sections 2 and 3, Schedule, entry 29, w.e.f. 1st May1960.
1948 : LXVII] The Maharashtra Tenancy and Agricultural Lands Act 11
1[(6C) “to hold land” as an owner or tenant shall, for the purposes of clause (2D) of this section
and 2[sections 32(1B), 32A], 32B, 3[and 63], means to be lawfully in actual possession of land as
an owner or tenant, as the case may be];
(7) “Improvement” means with reference to any land, any work which adds to the value of
the land and which is suitable thereto as also consistent with the purpose for wh ich 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 form
floods or from erosion or other damage from water;
(c) the reclaiming, clearing, enclosing, levelling or terracing of land;
(d) The erection of buildings on the land, required for the convenient or profitable use
of such land for agricultural purposes; and
(e) the renewal or reconstruction of any of the foregoing works or alterations therein or
additions thereto as are not of the nature of ordinary repair; but does not include such
clearances, embankments, levellings, enclosures, temporary wells, water channels and other
works as are commonly made by the tenants in the ordinary course of agriculture;
4[(7A) “joint family” means an undivided Hindu family, and in the case of other persons a
group or unit the members of which are by custom joint in estate or residence;]
5[(8) “land” means—
(a) land which is used for agricultural purposes 6[or which is so used but is left fallow,
and incudes the sites of farm buildings] appurtenant to such land; and
(b) for the purposes of sections 11, 16, 17, 17A, 17B, 18, 19, 20, 26, 28, 29, 29A, 30,
41, 63, 64, 64A, 84A, 84B and 84C—
(i) the sites of dwelling houses occupied by agriculturists, agricultural labourers or
artisans and land appurtenant to such dwelling houses;
(ii) the sites of structures used by agriculturists for allied pursuits;]
(9) “Landholder” means a zamindar, jahagirdar, saranjamdar, inamdar, talukdar, malik or a
khot or any person not hereinbefore specified who is a holder of land or who is interested in land,
and whom the 7[State] Government has declared on account of the extent and value of the land or
his interests therein to be a landholder for the purposes of this Act;
8[(9A) “landless person” means a person who, holding no land for agricultural purposes,
whether as an owner or tenant, earns his livelihood principally by manual labour; and intends to
take to the profession of agriculture and is capable of cultivating land personally;]
(10) “Mamlatdar” includes a Mahalkari and any other officer whom the 9[State] Government
may appoint to perform the duties of a Mamlatdar under this Act;
10[(10A) “permanent tenant” means a person—
1 Clause (6C) was inserted by Bom. 15 of 1957, s. 2(c).
2 These words, figures, letters and brackets were substituted for the word, f igures and letter “section 32A” by Mah. 49 of
1969, s. 2, Sch.
3 The word and figures “and 63” were substituted for the figures and word “34 and 35” by Mah. 27 of 1961, s. 48, Second
Schedule.
4 Clause (7A) was added by Bom. 13 of 1956, s. 2(6).
5 This clause was substituted for the original by Bom. 13 of 1956 s. 2(7).
6 These word were substituted for the words “and the sites of farm buildings” by Bom. 15 of 1957, s. 2(d).
7 The word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8 Clause (9A) was inserted by Bom. 13 of 1956, s. 2(8).
9 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10 Clause (10A) was added by Bom. 13 of 1956, s. 2(9).
12 The Maharashtra Tenancy and Agricultural Lands Act [1948 : LXVII
(a) who immediately before th e commencement of the Bombay Tenancy and
Agricultural Lands (Amendment) Act, 1955 (Bom. XIII of 1956) (hereinafter cal led “the
Amending Act, 1955”),—
(i) holds land as mulgenidar or mirasdar; or
(ii) by custom, agreement, or the decree or order of a Court holds the land on lease
permanently; or
(b) the commencement or duration of whose tenancy cannot satisfactorily be proved by
reason of antiquity;
and includes a tenant whose name or the name of whose predecessor-in-title has been entered in
the record of r ights or in any public record or in any other revenue record as a permanent tenant
immediately before the commencement of the Amending Act, 1955;]
(11) “Person” includes 1[a joint] 2[* *] family;
(12) “Prescribed” means prescribed by rules made under this Act;
(13) “Profits of Agriculture” in respect of any land means the surplus remaining 3[with the
holder] after the expenses of cultivation, including the wages of the cultivator working on the land
are deducted from the gross produce;
4[Explanation.— If the members of the family of a holder work on the land for the purpose of
cultivation hereof, the labour of such members shall be taken into account in estimating the
expenses of cultivation referred to in this clause;]
(14) “Protected tenant” means person who is recognised to be a protected tenant 5[under
section 4A;]
6[* * *]
(16) “Rent” means any consideration, in money or kind or both, paid or payable by a tenant
on account of the use or occupation of the land held by him but shall not include the rendering of
any personal service or labour;
7[(16A) “serving member of the armed forces” means a person in the service of the armed
forces of the Union:
Provided that if question arises whether any person is 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;
(16B) “small holder” means an agriculturists cultivating land less in area than an economic
holding who earns his livelihood principally by agriculture or by agricultural labour;]
(17) “Tenancy” means the relationship of landlord and tenant;
8[(18) “tenant” means a person who holds land on lease and include,—
(a) a person who is deemed to be a tenant under section 4;
(b) a person who is a protected tenant; and
(c) a person who is a permanent tenant; and the word “landlord” shall be construed
accordingly;
1 These words were substituted for the words “and undivided” by Bom. 13 of 1956, s. 2(10).
2 The word “Hindu” was deleted by Bom. 38 of 1957, s. 2(2).
3 These words were substituted for the words “with the cultivator” by Bom. 13 of 1956, s. 2(11)(a).
4 This Explanation was inserted by Bom. 13 of 1956, s. 2(11)(b).
5 These words, figure and letter were substituted for the words and figures “under section 31” by Bom. 13 of 1956,
s. 2(12).
6 Clause (15) was deleted by Bom. 13 of 1956, s. 2(13).
7 Clauses (16A) and (16B) were inserted by Bom. 13 of 1956, s. 2(14).
8 Clause (18) was substituted for the original by Bom. 13 of 1956, s. 2(15).
1948 : LXVII] The Maharashtra Tenancy and Agricultural Lands Act 13
(19) “Tribunal” means the Agricultural Lands Tribunal constituted under section 67;
1[(20) “village” means a village recognized as such in the revenue accounts;]
2[(20A) “warkas land” means land which is used for the purpose of rab manure in connection
with rice cultivation and is classified in the revenue record as warkas;]
(21) Words and expressions used in this Act but not defined shall have the meaning assigned
to them in the 3Bombay Land Revenue Code, 1879 (Bom. V of 1879), and the Transfer of Property
Act, 1882 (IV of 1882), as the case may be.
CHAPTER II
GENERAL PROVISIONS REGARDING TENANCIES
3. Application of Chapter V of Transfer of Properties 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 land to which this Act applies.
4. Persons to be deemed tenants. — 4[(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
(c) a mortgagee in possession.
Explanation 5[I].— A person shall not be deemed to be a tenant under this section if such person
has been on an application made by the owner of the land as provided under section 2-A of the Bombay
Tenancy Act, 1939 (Bom. XXIX of 1939), declar ed by a competent authority not to
be a tenant.
6[Explanation II.— Where any land is cultivated by a widow or a minor or a person who is subject
to physical or mental disability or a serving member of the armed forces through a tenant then
notwithstanding anything contained in Explanation I to clause ( 6) of section 2, su ch tenant shall be
deemed to be a tenant within the meaning of this section.]
7[(2) Notwithstanding anything contained in sub -section (1), where any land in the Ratnagiri and
Sindhudurg districts is being cultivated by a person (other than the person who according to the Records
of Rights, has right to cultivate), for not less than 12 years, such person shall be deemed to be a tenant
for the purposes of this section if there is circumstantial evidence that he has been uninterruptedly
cultivating the land personally, and 8[the Sarpanch or Police Patil or the Chairman of Vividh Karyakari
Sahakari Society, and the cultivator of the adjoining land state on affidavit that, the said land is in the
possession of, and is being cultivated by, such person, uninterruptedly for not less than 12 years.]
Explanation I.— For the purpose of this sub -section, the expression “land” includes the “ warkas
land.”.
Explanation II.— For the purpose of this sub -section, the expression “circumstantial evidence”
includes extract of voters list, ration card, electricity bill or house assessment receipt from the same
village or any receipt in respect of sale of agricultural produce or any document regarding permission of
1 Clause (20) was substituted for the original, by Bom. 13 of 1956, s. 2(16).
2 Clause (20A) was inserted by Bom. 15 of 1957, s. 2(a).
3 See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
4 The existing section 4 was renumbered as sub-section (1) thereof by Mah. 10 of 2001, s. 2.
5 The existing Explanation was renumbered as Explanation I and Explanation II was inserted by Bom. 38 of 1957, s. 3.
6 The existing Explanation was renumbered as Explanation I and Explanation II was inserted by Bom. 38 of 1957, s. 3.
7 Sub-section (2) was added by Mah. 10 of 2001, s. 2.
8 This portion was substituted for the portion beginning with the words “the Sarpanch, Police Patil” and ending with the
words “the land is situated” by Mah. 5 of 2006, s. 2.
14 The Maharashtra Tenancy and Agricultural Lands Act [1948 : LXVII
felling of trees or excavation of minor mineral or any such permission granted with respect to
such land.
(3) Notwithstanding anything contained in sub-clause (a) of clause (ii) of sub-section (1) of section
32H, the purchase price in such cases shall be 200 times the assessment.]
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.
4B. Tenancy not to be terminated by efflux of time. — No tenancy of any land 2[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.]
3[5. Ceiling area.— (1) For the purposes of this Act, the ceiling area of lands shall be,—
(a) 48 acres of jirayat land, or
(b) 24 acres of seasonally irrigated land or paddy or rice land, or
(c) 12 acres of perennially irrigated land.
(2) Where the land held by a person consists of two or more kinds of land specified in
sub-section ( 1), the ceiling area of such holding shall be determined on the basis of one acre of
perennially irrigated land being equal to two acres of seasonally irrigated land or paddy or rice land, or
four acres of jirayat land.
4[Explanation.— In calculating the ceiling area, warkas land shall be excluded.]
6. Economic holding.— (1) For the purposes of this Act, an economic holding shall be,—
(a) 16 acres of jirayat land, or
(b) 8 acres of seasonally irrigated land, or paddy or rice land, or
(c) 4 acres of perennially irrigated land.
(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.
5[Explanation.— In calculating an economic holding, warkas land shall be excluded.]
6A. Irrigated land.— For the purposes of this Act,—
(a) irrigated land, whether perennially or seasonally irrigated, shall not include land irrigated
by sources other than canals or bundharas within the meaning of 6the Bombay Irrigation Act, 1879
(Bom. VII of 1879), or any lift irrigation system constructed o r 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.
7. Power of Government to vary ceiling area and economic holding. — 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,
1 Sections 4A and 4B were inserted by Bom. 13 of 1956, s. 3.
2 This portion was inserted by Mah. 35 of 1974, Sch.
3 The sections 5, 6, 6A, 7, 8, 9, 9A, 9B, and 9C were substituted for sections 5, 6, 7, 8 and 9 by Bom. 13 of 1956, s. 4.
4 This Explanation was added by Bom. 15 of 1957, s. 3.
5 The Explanation was added by Bom. 15 of 1957, s. 4.
6 See now the Maharashtra Irrigation Act, 1976 (Mah. XXXVIII of 1976).
1948 : LXVII] The Maharashtra Tenancy and Agricultural Lands Act 15
(b) its productive capacity,
(c) the fact that the land is located in a backward area, and
(d) any other factors which may be prescribed.
8. Rent and its maximum and minimum.— (1) Subject to the provisions of this Act,—
(a) but notwithstanding any law, custom, usage, agreement or the decree or order of a court,
the rent payable shall be paid annually, and in cash;
(b) such rent shall not exceed five times the assessment payable in respect of the land or
twenty rupees per acre, whichever is less, and shall not be less than twice such assessment:
Provided that where the amount equal to twice the assessment exceeds the sum of twenty rupees
per acre, the rent shall be twice the assessment.
(2) For the purpose of this section “assessment” means,—
(i) in areas in which a settlement has been made under Chapter VIII-A of the 1Bombay Land
Revenue Code, 1879 (Bom. V of 1879) , or in which the assessment has been fixed under section
52 of the said Code, the assessment so settled or fixed;
(ii) in areas to which rule 19N of the Land Revenue Rules, 1921 applies, such assessment as
may be leviable under that rule;
(iii) in areas to which the 2Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953
(Bom. XXXIX of 1954), applies the assessment fixed under section 7 of that Act;
(iv) in area in which the assessment is payable in crop share or produce, such assessment as
may be fixed by the State Government in accordance with the principles laid down in rule 19-O of
the Land Revenue Rules, (1921).
(3) If by custom, usage, agreement or the decree or order of a court, the amount of rent payable is
less than the maximum or minimum specified in sub-section (1), the amount so payable shall be the rent
in respect of the land.
Explanation.— In respect of any land which is partially or wholly exempt from the payment of land
revenue, the full amount of assessment leviable in respect of such land shall be deemed to be the
assessment in respect thereof for the purpose of sub-section (1), as if the land was not exempt from the
payment of land revenue either partially or wholly.
9. Rate of rent payable by tenant to his landlord.— (1) Subject to the maximum and minimum
limits of rent fixed under section 8, the Mamlatdar shall for each village, or group of villages, or for any
area in such village or group, within 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:
3[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 th e Mamlatdar under this
section.]
(2) In arriving at such rate the Mamlatdar shall have regard to the rents prevalent in the locality, the
productivity of the lands, the prices of commodities and such other factors as may be prescribed.
(3) The rate of rent so fixed shall continue for a period of five rears and shall be liable to be revised
by the Mamlatdar thereafter at the end of each successive period of five years:
Provided that the rate of rent so fixed, if not revised at the end of any such period, shall continue
until it is so revised.
1 See now the Maharashtra Irrigation Act, 1976 (Mah. XXXVIII of 1976).
2 The short title of the Act has been amended as “the Maharashtra Merged Territories and Areas (Jagi rs Abolition) Act”
(XXXIX of 1954) by Mah. 24 of 2012, sections 2 and 3, Schedule, entry 54, w.e.f. 1st May 1960.
3 The proviso was substituted for the original by Bom. 38 of 1957, s. 4.
16 The Maharashtra Tenancy and Agricultural Lands Act [1948 : LXVII
(4) The rent payable by a tenant to his landlord in respect of any land in village, or group of villages,
or area, shall be at the rate fixed under sub-section (1):
Provided that the Mamlatdar or the Collector subject to the provisions of section 8, may at any time
during any such period of five years, on an application made to him in this behalf,—
(i) reduce the rent, if he is satisfied that on account of the deterioration of the land by flood ,
or other cause beyond the control of the tenant, the land has been wholly or partially rendered unfit
for cultivation, or
(ii) enhance the rent, if he is satisfied that on account of any improvement made in the land,
at the expenses of the landlord, there has been an increase in the agricultural produce thereof.
9A. Quantum of rent payable by tenant to landlord. — (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 fol lowing amounts,
that is to say,—
(i) the amount of full assessment leviable in respect of such land,
(ii) the amounts of the cesses mentioned in clauses (b), (c) and (d) of sub-section (1) of section
10A, levied or leviable in respect of such land under the relevant law,
and the tenant shall be liable to pay rent as so increased:
Provided further that, if the amount of rent as so increased payable by the tenant for any year
exceeds the value of one-sixth of the produce of the land in that year, the tenant shall be entitled to deduct
from the rent for that year the amount so in excess, and the quantum of rent payable by the tenant to his
landlord for that tear shall be deemed to have been reduced to the extent of such deduction].
(2) If there is a dispuExcerpt shown. Open the full act in Lexace.