LexThe Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1958 : XCIX] 1
THE MAHARASHTRA TENANCY AND AGRICULTURAL LANDS
(VIDARBHA REGION) ACT
[Text as on 31st December 2024]
_____________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
3. Delimitation of local areas.
4. Determination of family holding.
CHAPTER II
GENERAL PROVISIONS REGARDING TENANCIES
5. Application of Chapter V of Transfer of Property Act.
6. Persons deemed to be tenants.
7. Certain persons deemed to be tenants for purposes of this Act.
8. Record of rights of ordinary tenants.
9. Tenancy not to be terminated by efflux of time.
10. Restoration of possession to tenants dispossessed after 1st January 1953 in certain
circumstances.
11. Maximum rent.
12. Rent.
13. Commutation of rent in crop share into cash rent.
14. Prohibition for receiving rent in terms of service or labour.
15. Refund of rent recovered in contravention of provisions of the Act and other penalties.
16. Abolition of all cesses, etc.
17. Liability of tenants to pay land and canal revenue and cesses.
18. Suspensions or remissions of rent.
19. Termination of tenancy.
20. Termination of tenancy by surrender thereof.
21. Land or portion thereof which landlord is not entitled to retain on surrender to be declared as
surplus.
22. Bar to eviction from dwelling house.
23. Tenant to give first option of purchasing site on which he has built a dwelling house.
24. Power to apply sections 22 a nd 23 to dwelling houses occupied by agricultural labourers,
etc.
25. Tenant’s right to trees planted by him.
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26. Right to produce of naturally growing trees.
27. Responsibility of tenant to maintain boundary marks, etc.
28. Repairs of protective bunds.
29. Relief against termination of tenancy in certain cases.
30. Relief against termination of tenancy for non-payment of rent.
31. Tenancy to be in abeyance during usufructuary mortgage in favour of tenant.
32. Receipts for rent.
33. Sub-division, sub-letting and assignment prohibited.
34. Bar to attachment, seizure or sale by process of court.
35. Where land is sold for recovery of loan advanced under any law the right o f tenant to stand
extinguished.
36. Procedure of taking possession.
37. Rights and privileges of tenants not to be affected.
CHAPTER III
TERMINATION OF TENANCIES BY LANDLORDS AND SPECIAL RIGHTS OF TENANTS
(1) Termination of Tenancy for Personal Cultivation.
38. Termination of tenancy by landlord for cultivating land personally.
39. Right of certain landlords to terminate tenancy for cultivating personally.
39A. Special right of certain landlords to terminate tenancy for personal cultivation.
40. Provisions of section 38 not to affect right of tenant to purchase land.
(2) Right of tenant to purchase land.
41. Right of tenant to purchase land.
42. Extent of land which tenant may purchase under section 41.
43. Tenant to make an offer, determination of purchase price, mode of payment, etc.
44. Amount of purchase price to be applied towards satisfaction of debts.
45. Power to declare occupancy tenants as tenure-holder.
(3) Compulsory transfer of ownership of land to tenants.
46. Transfer of ownership of land to tenants from specified date.
47. Purchase price.
48. Tribunal to determine the extent of land transferred to tenant and purchase price thereof.
49. Provisions of sections 43, 44 and 45 to apply to transfer of ownership under section 46.
49A. Ownership of certain lands to stand transferred to tenants on 1st day of April 1963.
49B. Transfer or possession and ownership of lands to certain dispossessed tenants.
50. Right of tenants holding land under tenancy restored or created after s pecified date to
purchase land.
(4) Other rights and liabilities of tenants and landlords.
51. Rights of tenants to exchange land.
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(Vidarbha Region) Act
52. Landlord to restore possession if he fails to cultivate within one year.
53. Circumstances in which landlords shall be deemed to cultivate personally.
54. Rights of tenants to be heritable.
55. Compensation for improvement made by tenant.
56. Tenant’s right to erect farmhouse.
57. Restriction on transfers of land purchased or sold under this Act.
CHAPTER III A
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
57A. Definition.
57B. Right of landlord to terminate tenancy.
57C. Transfer of pending proceeding to Collector and State Government.
57D. Right of tenant to purchase land from landlord.
57E. Saving.
CHAPTER IV
SPECIAL PROVISIONS FOR LANDS HELD ON LEASE BY INDUSTRIAL
OR COMMERCIAL UNDERTAKING AND BY CERTAIN PERSONS FOR
THE CULTIVATION OF SUGARCANE AND OTHER NOTIFIED
AGRICULTURAL PRODUCE
58. Some of the provisions not to apply to leases of land obtained by industrial or commercial
undertakings, certain co-operative societies or for cultivation of sugarcane, fruits, flowers,
etc.
59. Reasonable rent of land to which section 58 applies.
CHAPTER V
SPECIAL PROVISIONS IN RESPECT OF AREAS WITHIN THE LIMITS
OF A MUNICIPALITY
60. Certain provisions not to apply to municipal areas.
61. [Deleted].
CHAPTER VI
MANAGEMENT OF HOLDINGS HELD BY LANDHOLDERS
62. Power to assume management of landholder’s holding.
63. Vesting of holding in management.
64. Effect of declaration of management.
65. Manager’s powers.
66. Manager to pay costs of management, etc.
67. Notice to claimants.
68. Claim to contain full particulars.
69. Claim not duly notified to be barred.
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70. Determination of debts and liabilities.
71. Power to rank debts and fix interest.
72. Scheme for liquidation.
73. Provisions of scheme.
74. Effects of sanctioning scheme.
75. Power to remove mortgage in possession.
76. Power to sell or lease.
77. Manager’s receipt for a discharge.
78. Death of landholder not to affect management.
79. Termination of management.
80. Manager deemed to be public servant.
80A. Assumption of management of land which remained uncultivated.
CHAPTER VII
ASSUMPTION OF MANAGEMENT OF SURPLUS LANDS
81. Assumption of management of surplus land and payment of Compensation therefor.
82. Appointment of manager.
83. Provisions which shall have effect during management.
84. Order of priority for leasing out surplus lands.
85. Termination of management and the consequences thereof.
86. Period of management to be excluded in computing period of limitation.
87. Manager to be public servant.
88. [Deleted].
CHAPTER VIII
RESTRICTIONS ON TRANSFERS OF AGRICULTURAL LANDS AND ACQUISITION
OF HOLDINGS AND LANDS
89. Transfer to non-agriculturists barred.
89A. Transfer to non-agriculturist for bona-fide industrial use.
90. Reasonable price of land for the purpose of its sale or purchase.
91. Sale of agricultural land to particular person.
91A. Exemption to sales by or in favour of co-operative societies.
92. Acquisition of holding or land under management or interest therein.
CHAPTER IX
CONSTRUCTION OF WATER COURSE THROUGH LAND OF ANOTHER
(Deleted by Mah. 41 of 1966, s. 334, Schedule K)
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(Vidarbha Region) Act
CHAPTER X
PROCEDURE AND JURISDICTION OF TRIBUNAL, TAHSILDAR AND COLLECTOR;
APPEALS AND REVISION
97. Tribunal.
98. Duties of Tribunal.
99. Powers of Tribunal.
100. Duties of Tahsildar.
101. Commencement of proceedings.
102. Procedure.
103. Power of Collector to transfer proceedings.
104. Application for possession of land made to different Tahsildars to be heard by designated
Tahsildar.
104A. Designated Tribunal to conduct proceedings in respect of land held by the same tenant in
different areas.
105. Distribution of business amongst Tahsildars.
106. Execution of order for payment of money or for restoring possession.
106A. Powers of Collector of inquiries under sub -section (3A) of section 36 Provision as respect
revision and execution of orders.
107. Appeals.
108. Powers of Collector to transfer and withdraw appeals.
109. Appeal against award of Collector.
110. Revisional powers of Collector.
111. Revision.
112. Court-fees.
113. Orders in appeal or revision.
114. Limitation.
115. Inquiries and proceedings to be judicial proceedings.
116. [Deleted].
CHAPTER XI
OFFENCES AND PENALTIES
117. Offences and penalties.
CHAPTER XII
MISCELLANEOUS
118. Rules.
119. Delegation of powers and duties.
119A. Holders of land to furnish particulars of land to Tahsildars.
119B. Acquisition of land under invalid transfer or partition to be invalid.
120. Summary eviction.
120A. Validation of certain transfers and acquisitions.
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121. Invalidation of certain transfers or acquisitions of land.
122. Disposal of land, transfer or acquisition of which is invalid.
122A. Disposal of land, transfer or acquisition of which is invalid for breach of condition.
123. Leases of land liable to be disposed of under section 122.
124. Bar of jurisdiction.
125. Suits involving issues required to be decided under this Act.
126. Control.
127. Indemnity.
128. Act not to apply to certain lands and areas.
128A. Special provision for land taken under management by Courts, etc.
129. Exemption from certain provisions to lands held by local authorities, Universities, tru sts,
etc.
130. Certain provision of the Act not to apply to holdings and lands assumed under managements
under Chapter VI or VII.
130A. Provisions of Act not to apply in relation to certain leases.
131. Power of Government to withdraw exemption.
132. Repeals and savings.
133. Enactments amended.
SCHEDULE I
SCHEDULE II
SCHEDULE III [Omitted]
SCHEDULE IV
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(Vidarbha Region) Act
LIST OF AMENDMENT ACTS
1. Amended by Bom. 30 of 1959
2. Amended by Bom. 4 of 1960
3. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
4. Amended by Mah. 5 of 1961
5. Amended by Mah. 27 of 1961
6. Amended by Mah. 2 of 1962
7. Amended by Mah. 26 of 1963
8. Amended by Mah. 44 of 1963
9. Amended by Mah. 39 of 1964
10. Amended by Mah. 4 of 1966
11. Amended by Mah. 17 of 1966
12. Amended by Mah. 41 of 1966
13. Amended by Mah. 49 of 1969
14. Amended by Mah. 35 of 1974 (6-7-1974)
15. Amended by Mah. 21 of 1975 (19-9-1975)
16. Amended by Mah. 10 of 1977 (11-3-1977)
17. Amended by Mah. 5 of 1982 (5-2-1982)
18. Amended by Mah. 28 of 19941 (3-2-1994)
19. Amended by Mah. 25 of 20052 (17-5-2004)
20. Amended by Mah. 24 of 2012 (22-8-2012)
21. Amended by Mah. 1 of 2014 (7-2-2014)
22. Amended by Mah. 10 of 2014 (27-5-2014)
23. Amended by Mah. 1 of 2016 (1-1-2016)
24. Amended by Mah. 20 of 20163 (7-5-2016)
25. Amended by Mah. 56 of 2018 (1-1-2016)
1 Maharashtra Ordinance No. III of 1994 was repealed by Mah. 28 of 1994, s. 7.
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 Lands 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, t he 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.
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(Vidarbha Region) Act
ACT No. XCIX OF 19581
[THE MAHARASHTRA TENANCY AND AGRICULTURAL LANDS
(VIDARBHA REGION) ACT.]
[This Act received the assent of the President on the 25th December 1958; the assent was first published
in the Bombay Government Gazette, Extraordinary No. 102, Part IV, on the 26th December 1958.]
An Act to amend the law relating to tenancies of agricultural lands and sites used for allied
pursuits in the 2[Vidarbha Region of the State of Maharashtra] and to make certain other
provisions in regard to those lands.
WHEREAS it is expedient to amend the law which governs the relations of landlords and tenants
of agricultural lands and sites us ed for allied pursuits in the 3[Vidarbha Region of the State of
Maharashtra] with a view to bringing the status and rights of tenants as far as possible in line with
those prevailing in certain other parts of the State;
AND WHEREAS it is expedient in the interests of the gener al public to regulate and impose
restrictions on the transfer of agricultural lands and of dwelling houses and lands appurtenant thereto
and sites used for allied pursuits belonging to or occupied by agriculturists, agricultural labourers,
artisans and persons carrying on allied pursuits in the 4[Vidarbha Region of the State of Maharashtra]
and to provide for the assumption of the management of agricultural lands in certain circumstances and
to make provisions of certain other matters hereinafter appearing; It is hereby enacted in the Ninth
Year of the Republic of India as follows :––
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the 5[Maharashtra
Tenancy and Agricultural Lands (Vidarbha Region) Act.]
6[(2) This Act extends to the Vidarbha Region of the State of Maharashtra].
(3) It shall come into force on such 7date as the State Government may, by notification in the
Official Gazette, appoint.
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,
(c) the Planting and upkeep of orchards,
(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;
1 For Statement of Objects and Reasons of the L. A. Bill No. LXXI of 1958, see Bombay Government Gazette , 1958,
Extraordinary No. 75, Part V, dated the 20th August 1958, pages 695-699.
2 These words were substituted for the words “Vidarbha Region and the kutch area of the state of Bombay” by Mah. 26 of
1963, s. 3, second Schedule.
3 These words were substituted for the words “Vidarbha Region and the kutch area of the state of Bombay” by Mah. 26 of
1963, s. 3, second Schedule.
4 These words were substituted for the words “Vidarbha Region and the kutch area of the state of Bombay” by Mah. 26 of
1963, s. 3, second Schedule.
5 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”.
6 Sub-section (2) was substituted for the original by the Maharashtra Adaptation of Laws (State and Concurrent Subjects)
Order, 1960.
7 30th day of December 1958 vide G. N., R. D., No. TNC. 3758/223477, dated the 29th December 1958.
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(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 one’s own agricultural cattle) and such other pursuits as may be
prescribed;
(5) “appointed day” means the 20th 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 th e provisions of the
3Co-operative Societies Act, 1912 (II of 1912);
(10) “Co -operative farming society” means a societ y 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 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 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 relatio n 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;
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.
1958 : XCIX] The Maharashtra Tenancy and Agricultural Lands 11
(Vidarbha Region) Act
(c) the planting of trees and the reclaiming, clearing, enclosing, levelling or terracing
of land;
(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 occ upation 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 situ ated,
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 sub -
section (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,
(c) all other expenses usually incurred in cultivation of the land, and
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(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 dec ided 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.
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.
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;
1958 : XCIX] The Maharashtra Tenancy and Agricultural Lands 13
(Vidarbha Region) Act
(vi) any other factors which may be prescribed.
(c) The areas so determined shall be the family holding.
(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.]
CHAPTER II
GENERAL PROVISIONS REGARDING TENANCIES
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.
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 m ember of the owner’s
family, or
(c) a mortgagee in possession.
(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.
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 mean ing 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, c lause (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
1 Sub-section (3) was added by Mah. 5 of 1961, s. 2.
14 The Maharashtra Tenancy and Agricultural Lands [1958 : XCIX
(Vidarbha Region) Act
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 sectio n 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.
8. R ecord 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 per son
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 decisi on 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 deter mine 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.
9. Tenancy not to be terminated by efflux of time. — No tenancy of any land 2[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 pe riod fixed for its
duration whether by agreement or otherwise has expired.
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.
2 This portion was inserted by Mah. 35 of 1974, Schedule.
1958 : XCIX] The Maharashtra Tenancy and Agricultural Lands 15
(Vidarbha Region) Act
10. Restoration of possession to tenants dispossessed after 1 st January 1953 in certain
circumstances.— (1) A person who or whose predecessor -in-title held land as tenant or prote cted
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 provision s 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.
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 tim e within 4[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.
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 oth er
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.
13. Commutation of rent in crop share into cash rent.— (1) 5[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
1 These words and figures were substituted for the words, figures and letters “on the 1 st 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).
4 These words were substituted for the words “thirty years” by Mah. 5 of 1961, s. 4.
5 This portion was substituted for the words “A tenant” by Bom. 4 of 1960, s. 3(1).
16 The Maharashtra Tenancy and Agricultural Lands [1958 : XCIX
(Vidarbha Region) Act
at any ti me 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 c ash, subject to the provisions of section 11, by an order in writing and after
such commutation no rent shall be recoverable in crop share.
1[(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.]
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.
15. Refund of rent recov ered in contravention of provi sions 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.
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.
17. Liability of tenants to pay land and canal revenue and cesses. — (1) Subject to the
provisions of sub-section (2), every tenant shall be liable to pay in respect of the lands held by him as
tenant––
(a) the land revenue in accordance with provisions of the Code;
(b) the canal revenue in accordance with provisions of the Central Provinces Irrigation Act,
1931 (C. P. Act III of 1931);
(c) the cess levied under section 85 of the Central Provinces and Berar Local Government
Act, 1948 (C. P. & Berar Act XXXVIII of 1948);
2[(d) the cess levied under section 127 of the Bombay Village Panchayats Act, 1958
(Bom III of 1959)].
(2) If the aggregate amount of––
(i) the land revenue payable by a tenant under clause (a) of sub-section (1),
(ii) the cess payable by him under clauses (c) and (d) of sub-section (1), and
1 Sub-section (3) was inserted by Bom. 4 of 1960, s. 3(2).
2 This clause was substituted for the original by Bom. 4 of 1960, s. 4.
1958 : XCIX] The Maharashtra Tenancy and Agricultural Lands 17
(Vidarbha Region) Act
(iii) the rent payable by him to the landlord under section 12, 13 or 14 as the case may be,
for any year exceeds the value of one-sixth of the produce of such land in that year as determined
in the prescribed manner, 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 year shall be deemed to
have been reduced to the extent of such deductions.
(3) Nothing in sub -sections (1) and ( 2) shall apply to any lands held by a tenant in a Scheduled
area.
18. Suspensio ns or remissions of rent. — (1) Notwithstanding anything contained in section
132 of the Code, whenever from any cause the payment of the whole land revenue payable to
Government in respect of any lands is suspended or remitted, the landlord shall 1[unless the State
Government by and general or special order otherwise directs,] suspend or remit, as the case may be,
the payment to him of the rent of such land by his tenant. If in the case of such land the land revenue is
partially suspended or remitted, the l andlord shall 2[unless the State Government by and general or
special order otherwise directs,] suspend or remit the rent payable by the tenant of such land in the
same proportion.
(2) If no land revenue is payable to Government in respect of such land and if from any cause, the
payment of the whole or any part of the land revenue payable to Government in respect of any other
land in the neighbourhood of such land has been suspended or remitted, the Collector shall, subject to
the general or special orders of Government, in the manner provided in sub -section ( 1), suspend or
remit, as the case may be, the payment to the landlord of the rent or part of it due in respect of such
land.
(3) No suit shall lie and no decree of a civil court shall be executed for recovery by a landlord of
any rent, the payment of which has been remitted, or during the period for which the payment of such
rent has been suspended under this section. The period d uring which the payment of rent is suspended
under this section shall be excluded in computing period of limitation prescribed for any suit or
proceeding for the recovery of such rent.
(4) If any landlord fails to suspend or remit the payment of rent as p rovided in this section, he
shall be liable to refund to the tenant the amount recovered by him in contravention of this section. The
tenant may apply to the Tahsildar for the recov ery of the amount and the Tahsildar may after making
an inquiry make an order for the refund.
19. Termination of tenancy. — (1) Notwithstanding any agreement, usage, decree or order of a
court of law, the tenancy of any land held by a tenant shall not be terminated––
(I) unless such tenant––
(a) (i) has failed to pay in any yea r, before the 31 st day of March of that year, the rent
of such land for that year, or
Excerpt shown. Open the full act in Lexace.