Chapter III ENFORCEMENT OF LEASE AGREEMENT AND DISPUTE RESOLUTION

The Government shall notify the Competent Authority which shall be responsible for the following, namely :-

1. (a) enforcement of terms of lease;
2. (b) facilitating return of the leased out land to the Land Owner - Lessor on expiry of the lease period.

1. (1) The Lessee Cultivator and the Land Owner - Lessor shall make all efforts to amicably settle any dispute between them arising out of lease agreement under this Act, using third party mediation whenever feasible.
2. (2) If the dispute is not settled through the mechanism mentioned in sub-section (1), either party may file a petition before the Competent Authority, which shall adjudicate the dispute using summary procedure within a maximum period of three months.
3. (3) For every order other than interim order passed by the Competent Authority under this Act, an appeal shall lie to the Collector.
4. (4) An appeal against the order of the Collector shall lie to the Maharashtra Revenue Tribunal which shall be the final authority to adjudicate disputes, under this Act.
5. (5) Any appeal preferred to the Collector or the Maharashtra Revenue Tribunal under this Act shall be disposed of within a maximum period of one year.
6. (6) During the pendency of dispute between the Land Owner - Lessor and the Lessee Cultivator, the Competent Authority or the Collector or the Maharashtra Revenue Tribunal, may pass such interim order for compliance of the conditions of the lease agreement as he or it deems appropriate: Provided that, he or it shall not pass any such order, as shall allow Lessee Cultivator to remain in possession of land even after the expiry or termination of lease agreement.
7. (7) If any stay order is passed then on the expiry of the term of lease agreement, such stay order shall automatically cease to operate and the Land Owner - Lessor shall be given possession of the land compulsorily.

On receiving an application from aparty aggrieved by the non-compliance or violation of any condition of lease agreement under this Act, or breach of such agreement, the Competent Authority by issuing show cause notice, require the other party, to immediately stop such violation or breach and comply with the lease agreement and to personally furnish a compliance report in this regard or else show cause as to why such fine at a maximum rate of fifty thousand per hectare as the Competent Authority may specify should not be imposed on such party. After considering the reply to the show cause notice and the evidence on affidavit, and after hearing both the parties, the Competent Authority may pass appropriate order for ensuring compliance of the lease agreement and the case shall be disposed of after ascertaining the compliance of such order: Provided that, if the Competent Authority is satisfied that the compliance of the lease agreement is not possible, then he shall order termination of the agreement and determine the claims of both the parties and may imposed fine upto a maximum rate of rupees fifty thousand per hectare, the party responsible for breach of agreement, which shall be recoverable as an arrears of land revenue: Provided further that, the State Government shall be competent to prescribe higher limit for the maximum rate of fine that can be imposed under this section, by making rules in this regard.

1. (1) On expiry of term, or termination of lease agreement, if the land Lessee Cultivator does not vacate the possession of land under lease agreement, directly or indirectly, then on application of the Land Owner - Lessor, the Competent Authority shall within seven days, issue notice to the Lessee Cultivator, directing him to hand over possession of the land to the Land Owner - Lessor within 15 days from the date of service of notice to the Lessee - Cultivator.
2. (2) If even after service of show cause notice as aforesaid, the Lessee Cultivator does not hand over vacant possession of the land to the Land Owner - Lessor within the time specified in such notice, the Competent Authority shall, within 30 days from the date of receipt of application from the Land Owner - Lessor, under sub-section (1), secure actual possession of land by using reasonable force, as may be necessary, and hand over the same to the Land Owner - Lessor.

1. (1) No decision made or order passed or proceeding taken by any officer or authority or the State Government under this Act, not being a decision, order or proceeding affecting the title to the land of a person, shall be called in question before a Civil Court in any suit, application or other proceeding and no injunction shall be granted by any court in respect of any proceeding taken or about to be taken by such officer or authority or the State Government in pursuance of any power conferred by or under this Act.
2. (2) No Civil Court shall have jurisdiction over disputes under this Act.