Vidhi Codex

The 1[Maharashtra Tenancy and Agricultural Lands Act]

The 1[Maharashtra Tenancy and Agricultural Lands Act]

Civil1948167 sections12 chapters

The Maharashtra Tenancy and Agricultural Lands Act regulates the leasing, possession, and cultivation of farming land in Maharashtra. It applies to agricultural landowners, tenants, and farm laborers. The law establishes who qualifies as a legal tenant, protects them from sudden eviction, sets absolute maximum landholding limits, and caps annual cash rent rates based on official land tax assessments. This legislation matters deeply because it secures the livelihoods of vulnerable tenant farmers, prevents landlords from charging exploitative rents, and promotes equitable land distribution, ensuring that ordinary individuals who physically cultivate the soil have strong, guaranteed legal protections and stable farming conditions.

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Chapter I PRELIMINARY →

  1. 1Short title and extent.
  2. 2Definitions.

Chapter II GENERAL PROVISIONS REGARDING TENANCIES →

  1. 3Application of Chapter V of Transfer of Property Act.
  2. 4Persons to be deemed tenants.
  3. 4AProtected tenants.
  4. 4BTenancy not to be terminated by efflux of time.
  5. 5Ceiling area.
  6. 6Economic holding.
  7. 6AIrrigated land.
  8. 7Power of Government to vary ceiling area and economic holding.
  9. 8Rent and its maximum and minimum.
  10. 9Rate of rent payable by tenant to his landlord.
  11. 9AQuantum of rent payable by tenant to landlord.
  12. 9BLandlord not liable to make contribution towards cost of cultivation.
  13. 9CLiability of tenant to payment until rent is fixed under preceding sections.
  14. 10Refund of rent recovered in contravention of the provisions of the Act and other penalties.
  15. 10ALiability of tenant to pay land revenue and certain other cesses.
  16. 11Abolition of all cesses, etc.
  17. 12Deleted.
  18. 13Suspension or remission of rent.
  19. 14Termination of tenancy for default of tenant.
  20. 15Termination of tenancy by surrender thereof
  21. 16Bar to eviction from dwelling houses.
  22. 17Tenant to be given first option of purchasing site on which he has built a dwelling house.
  23. 17ATenant’s right to purchase sites referred to in section 16.
  24. 17BTenant to be deemed to have purchased sites referred to in section 16 from specified date.
  25. 18Tenant to be deemed to have purchased sites referred to in section 16 from specified date.
  26. 19Tenant’s right to trees planted by him.
  27. 20Right to produce of naturally growing trees.
  28. 21Deleted.
  29. 22Tenants responsible for maintenance of boundary marks.
  30. 23Repairs of protective bunds.
  31. 24Relief against termination of tenancy in certain cases.
  32. 25Relief against termination of tenancy for non-payment of rent.
  33. 25ATenancy to be in abeyance during usufructuary mortgage in favour of tenant.
  34. 26Receipts for rent.
  35. 27Sub-division, sub-letting and assignment prohibited.
  36. 28Bar to attachment, seizure or sale by process of court.
  37. 29Procedure of taking possession.
  38. 29AProvisions of section 29 to apply to sites used for allied pursuits.
  39. 30Rights and privileges of tenants not to be affected.

Chapter III CHAPTER III →

  1. 31Landlord’s right to terminate tenancy for personal cultivation and non- agricultural purpose.
  2. 31AConditions of termination of tenancy.
  3. 31BNo termination of tenancy in contravention of Bom. LXII of 1947 or if tenant is member of co-operative farming society.
  4. 31CLandlord not entitled to terminate tenancy for personal cultivation of land left with tenant.
  5. 31DApportionment of rent after termination of tenancy for land left with tenant.
  6. 31BBDeleted.
  7. 32Tenants deemed to have purchased land on tillers day.
  8. 32ATenants deemed to have purchased upto ceiling area.
  9. 32BWhen tenants not deemed to have purchased lands.
  10. 32CWhen tenants entitled to choose lands to be purchased.
  11. 32DWhen tenants deemed to have purchased fragments.
  12. 32EDisposal of balance of lands after purchase by tenants.
  13. 32FRight of tenant to purchase where landlord is minor, etc.
  14. 32GTribunal to issue notices and determine price of land to be paid by tenants.
  15. 32HPurchase price and its maxima.
  16. 32ISub-tenant of permanent tenant to be deemed to have purchased land.
  17. 32JDeleted.
  18. 32KMode of payment of price by tenant-purchaser and the power of Tribunal to recover purchase price.
  19. 32LRepealed.
  20. 32MPurchase to be ineffective on tenant-purchaser’s failure to pay purchase price.
  21. 32NLandlord’s right to recover rent when purchase becomes ineffective.
  22. 32ORight of tenant whose tenancy is created after tiller’s day to puchase land.
  23. 32PPower of Tribunal to resume and dispose of land not purchased by tenants.
  24. 32QAmount of purchase price to be applied towards satisfaction of debts.
  25. 32RPurchaser to be evicted if he fails to cultivate personally.
  26. 32MMCertain purchases not to become ineffective.
  27. 33Right of tenants to exchange land.
  28. 33ADefinitions.
  29. 33BSpecial right of certificated landlord to terminate tenancy for personal cultivation.
  30. 33CTenants of lands mentioned in section 88C to be deemed to have purchased land and other incidental provisions.
  31. 34Deleted.
  32. 34AHolders of land to furnish particulars of land to Mamlatdar.
  33. 35Deleted.
  34. 35ADetermination of excess land cases.
  35. 36Fragment in excess of economic holding or ceiling area may be permitted to remain with holder.
  36. 37Landlord to restore possession if he fails to cultivate within one year.
  37. 38Deleted.
  38. 39Application for recovery of possession by tenant.
  39. 40Continuance of tenancy on death of tenant.
  40. 41Compensation for improvement made by tenant.
  41. 42Tenants right to erect farm-house.
  42. 43Restriction on transfer of land purchased or sold under this Act.

Chapter III SPECIAL PROVISION 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. →

  1. 43-1ADefinition.
  2. 43-1BRight of landlord to terminate the tenancy
  3. 43-1CTransfer of pending proceedings to Collector and State Government.
  4. 43-1DRight of tenant to purchase land from landlord.
  5. 43-1ESaving.
  6. 43-ASome 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.
  7. 43-BReasonable rent of land to which section 43-A applies.

Chapter III 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. →

    Chapter III SPECIAL PROVISIONS IN RESPECT OF THE AREAS WITHIN THE LIMITS OF A MUNICIPALITY OR A CANTONMENT. →

    1. 43-CCertain provisions not to apply to municipal or cantonment areas.
    2. 43-DDeleted.

    Chapter IV MANAGEMENT OF ESTATES HELD BY LAND HOLDERS. →

    1. 44Powers to assume management of land-holders estate.
    2. 45Vesting of estate in management.
    3. 46Effect of declaration of management.
    4. 47Managers powers.
    5. 48Manager to pay costs of management, etc.
    6. 49Notice to claimants.
    7. 50Claim to contain full particulars.
    8. 51Claim not duly notified to be barred.
    9. 52Determination of debts and liabilities.
    10. 53Power to rank debts and fix interest.
    11. 54Scheme for liquidation.
    12. 55Provisions of scheme.
    13. 56Effects of sanctioning scheme.
    14. 57Power to remove mortgagee in possession.
    15. 58Power to sell or lease.
    16. 59Managers receipt a discharge.
    17. 60Holder of estate dying.
    18. 61Termination of management.
    19. 62Manager deemed to be public servant.

    Chapter V RESTRICTIONS ON TRANSFERS OF AGRICULTURAL LANDS, MANAGEMENT OF UNCULTIVATED LANDS AND ACQUISITION OF ESTATES AND LANDS. →

    1. 63Transfer to non-agriculturists barred.
    2. 63-AReasonable price of land for the purpose of its sale and purchase.
    3. 63-IATransfer to non-agriculturist for bona fide industrial use.
    4. 64Sale of agricultural land to particular person.
    5. 64-AExemption to sales by or in favour of co-operative societies.
    6. 65Assumption of management of lands which remained uncultivated.
    7. 66Acquisition of estate or land under management or interest therein.

    Chapter V CHAPTER V-A →

      Chapter VI PROCEDURE AND JURISDICTION OF TRIBUNAL, MAMLATDAR AND COLLECTOR, APPEALS AND REVISION. →

      1. 67Tribunal.
      2. 68Duties of the Tribunal.
      3. 69Powers of the Tribunal.
      4. 70Duties of the Mamlatdar.
      5. 71Commencement of proceedings.
      6. 72Procedure.
      7. 72-APower of Collector to transfer proceedings.
      8. 72-BApplication for possession of land made to different Mamlatdars to be heard by designated Mamlatdar.
      9. 72-CDesignated Tribunal to conduct proceedings in respect of land held by the same tenant in different areas.
      10. 72AADistribution of business amongst Mamlatdars.
      11. 73Execution of order for payment of money or for restoring possession.
      12. 73-APowers to Collector in inquiries under sub-section (3-A) of section 29; provision as respects revision and execution of orders.
      13. 74Appeals.
      14. 74-APowers of Collector to transfer and withdraw appeals.
      15. 75Appeal against award of Collector.
      16. 76Revision.
      17. 76ARevisional powers of Collector.
      18. 77Court-fees.
      19. 78Orders in appeal or revision.
      20. 79Limitation.
      21. 80Inquiries and proceedings to be judicial proceedings.
      22. 80-ADeleted.

      Chapter VII OFFENCES AND PENALTIES →

      1. 81Offences and penalties.

      Chapter VIII MISCELLANEOUS →

      1. 82Rules.
      2. 83Delegation of powers and duties.
      3. 83ARestriction on acquiring land by transfer which is invalid.
      4. 84Summary eviction.
      5. 84AValidation of transfers made before appointed day.
      6. 84BCertain transfers made between appointed date and commencement of Amending Act, 1955, invalid.
      7. 84CDisposal of land, transfers or acquisition of which is invalid.
      8. 84DTemporary leases of land liable to be disposed of under section 32P or 84C.
      9. 84CCDisposal of land, transfer or acquisitions of which is invalid for breach of conditions.
      10. 85Bar of jurisdiction.
      11. 85ASuits involving issues required to be decided under this Act.
      12. 86Control.
      13. 87Indemnity.
      14. 87ASaving in respect of Provisions of Land Tenures Abolition Act.
      15. 88Exemption to Government lands and certain other lands.
      16. 88AProvisions of Act not to apply to land transferred to or by Bhoodan Samiti.
      17. 88BExemption from certain provisions to land of local authorities, universities and trusts
      18. 88CExemption from certain provisions of lands leased by persons with the annual income not exceeding Rs. 1,500.
      19. 88DPower of Government to withdraw exemption.
      20. 88AISpecial provisions in respect of tenants of certain lands in villages specified in Schedule IV.
      21. 88CASections 32 to 32R not to apply to certain service lands.
      22. 88CBSections 32 to 32R not to apply to saranjam.
      23. 88CCProvisions of Act not to apply in relation to certain leases.
      24. 89Repeal.
      25. 89ARemoval of doubt.
      26. 90Enactments amended.

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