Chapter II GENERAL PROVISIONS REGARDING TENANCIES

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.

1[(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-

1. (a) a member of the owners family, or
2. (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
3. (c) a mortgagee in possession. Explanation 2[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), declared by a competent authority not to be a tenant. 3[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, such tenant shall be deemed to be a tenant within the meaning of this section]. 4[(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 5[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 felling of trees or excavation of minor mineral or any such permission granted with respect to such land.

1. (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.

No tenancy of any land 1[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].

1[5. Ceiling area.- (1) For the puposes of this Act, the ceiling area of lands shall be,-

1. (a) 48 acres of jirayat land, or
2. (b) 24 acres of seasonally irrigated land or paddy or rice land, or
3. (c) 12 acres of perennially irrigated land.

1. (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. 2[Explanation.- In calculating the ceiling area, warkas land shall be excluded.]

1. (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. (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. 1[Explanation.- In calculating an economic holding, warkas land shall be excluded].

For the purposes of this Act,-

1. (a) irrigated land, whether perennially or seasonally irrigated, shall not include land irrigated by sources other than canals or bundharas within the meaning of 1the Bombay Irrigation Act, 1879 (Bom. VII of 1879), or any lift irrigation system constructed or maintained by the State Government;
2. (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.

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-

1. (a) the situation of the land,
2. (b) its productive capacity,
3. (c) the fact that the land is located in a backward area, and
4. (d) any other factors which may be prescribed.

1. (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. (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 areas 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 19-0 of the Land Revenue Rules, 1921.
3. (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.

1. (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 : 1[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 the Mamlatdar under this section].
2. (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. (3) The rate of rent so fixed shall continue for a period of five years 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.
4. (4) The rent payable by a tenant to his landlord in respect of any land in a 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.

1. (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 following 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 year shall be deemed to have been reduced to the extent of such deduction].
2. (2) If there is a disputed regarding the class to which any land belongs either of the parties to the dispute may apply to the Mamlatdar who shall after making an inquiry, decide the dispute.

Notwithstanding any law, usage or agreement or the decree of order of a court in the case of land in respect of which the rent has been fixed under section 9, a landlord shall not be liable to make any contribution towards the cultivation of the land, in the possession of his tenant.

Until the rent is fixed in accordance with the provisions of the preceding sections, a tenant shall, subject to the maximum provided under section 8, be liable to pay to the landlord the rent at the rate at which it was payable immediately before the commencement of the amending Act, 1955, and if such rent was payable in crop share or produce, either partly or wholly, the value of such crop share or produce shall be determined in the prescribed manner.]

If any landlord recovers rent from, any tenant in contravention of the provisions of sections 1[8, 9, 9A or 9C], he 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 Mamlatdar in this behalf and shall also be liable to such penalty as may be prescribed by rules made under this Act.

1[10A. Liability of tenant to pay land revenue and certain other cesses.- (1) Subject to the provisions of sub-section (2), every tenant shall be liable to pay in respect of the land held by him as a tenant,-

1. (a) the land revenue in accordance with the provisions of 2the Bombay Land Revenue Code, 1879(Bom. V of 1879).
2. (b) the irrigation cess in accrodancee with the provisions of 3the Bombay Irrigation Act, 1879 (Bom. VII of 1879) 4**.
3. (c) the cess levied under section 93 of the Bombay Local Boards Act, 1923 (Bom. VI of 1923), as amended in Schedule II to this Act, 5[and]. 6[(d) the cess levied under section 89-B of the 7Bombay Village Panchayats Act, 1933 (Bom. VI of 1933)].

1. (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 8[clauses (c) and (d) of sub-section (1)], and
   • (iii) the rent payable by him to the landlord under section 9 or 9C, as the case may be, for any year exceeds the value of one-sixth of the produce of such 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 year shall be deemed to have been reduced to the extent of such deduction.
2. (3) Nothing in sub-sections (1) and (2) shall apply to any land held by-
   • (a) a tenant in a Scheduled area;
   • (b) a tenant who is paying to the landlord the rent 9**** under sub-section (3) of section 8 10[until] such tenant is deemed to have purchased the land under section 32 or purchases the land under section 32F or 32-O and the purchase price is determined under section 32-H] ; 11[(c) a tenant where such land is wholly or partially exempt from the payment of land revenue.] ]

1[(1)] 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. 2[(2) Nothing in sub-section (1) shall affect the liability of a tenant to pay any of the cesses under section 10A].

[Enquiries as regards reasonable rent.]. Deleted by Bom. 13 of 1956, s. 8.

1. (1) Notwithstanding anything contained in section 84A of the 1Bombay Land Revenue Code, 1879 whenever from any cause the payment of the whole land revenue payable to Government 2*** in respect of any land is suspended or remitted the landlord shall 3[unless the State Government by any 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 landlord shall 4[unless the State Government by any general or special order otherwise directs,] suspend or remit the rent payable by the tenant of such land in the same proportion.
2. (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 due in respect of such land.
3. (3) No application for assistance under sections 86 and 87 of the 5Bombay Land Revenue Code, 1879 (Bom. V of 1879), shall be entertained, 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 during which the payment of rent is suspended under this section shall be excluded in computing the period of limitation prescribed for any suit or proceeding for the recovery of such rent.
4. (4) Notwithstanding anything contained in sections 86 and 87 of the 6Bombay Land Revenue Code, 1879 (Bom. V of 1879), the Collector shall in passing an order under sub-section (2) of section 87 of the said Code, for rendering assistance to the landlord, allow to the tenant a set-off for the sum, if any, paid by such tenant to the landlord in excess of the amount of rent due from him after deducting the amount required to be remitted under sub-section (1) or sub-section (2) of this section or under section 84A of the said Code. The set-off under this sub-section shall be allowed only in respect of the sums paid by such tenant to such landlord during a period of three years immediately preceding the date of the application made under section 86 of the said Code.
5. (5) If any landlord fails to suspend or remit the payment of rent as provided 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 Mamlatdar for the recovery of the amount and the Mamlatdar may after making an inquiry make an order for the refund 7[and for inflicting such penalty on the landlord as may be prescribed].

1[14. Termination of tenancy for default of tenant.- (1) Notwithstanding any law, agreement or usage, or the decree or order of a court, the tenancy of any land shall not be terminated-

1. (a) unless the tenant-
   • (i) has failed to pay the rent for any revenue year, before the 31st day of May thereof;
   • (ii) has done any act which is destructive or permanently injurious to the land;
   • (iii) has sub-divided, sub-let or assigned the land in contravention of section 27;
   • (iv) has failed to cultivate it personally; or
   • (v) has used such land for a purpose other than agriculture or allied pursuits; and
2. (b) unless the landlord has given three months' notice in writing informing the tenant of his decision to terminate the tenancy and the ground for such termination, and within that period the tenant has failed to remedy the breach for which the tenancy is liable to be terminated.

1. (2) Nothing in sub-section (1) shall apply to the tenancy of any land held by a permanent tenant unless by the conditions of such tenancy the tenancy is liable to be terminated on any of the grounds mentioned in the said sub-section].

1[15. Termination of Tenancy by surrender thereof.- (1) A tenant may terminate the tenancy in respect of any land at any time by surrendering his interest therein in favour of the landlords : Provided that such surrender shall be in writing and verified before the Mamlatdar in the prescribed manner.

1. (2) Where a tenant surrenders his tenancy, the landlord shall be entitled to retain the land so surrendered for the like purposes, and to the like extent, and in so far as the conditions are applicable subject to the like conditions as are provided in sections 31 and 31A for the termination of tenancies. 2[(2A) The Mamlatdar shall, in respect of the surrender verified under sub-section (1), hold an inquiry and decide whether the landlord is entitled under sub-section (2) to retain the whole or any portion of the land so surrendered and specify the extent and particulars in that behalf].
2. (3) The land, or any portion thereof, which the landlord is not entitled to retain under sub-section (2), shall be liable to be disposed of in the manner provided under clause (c) of sub-section (2) of section 32-P].

1. (1) If in any village, a tenant is in occupation of a dwelling house built at the expense of such tenant; or his predecessor-in-title on a site belonging to his landlord, such tenant shall not be evicted from such dwelling house (with the materials and the site thereof and the land immediately appurtenant thereto and necessary for its enjoyment) unless-
   • (a) the landlord proves that the dwelling house was not built at the expense of such tenant or his predecessor-in-title; and
   • (b) such tenant makes 1[any three defaults] in the payment of rent, if any, which he has been paying for the use and occupation of such site.
2. (2) The provisions of sub-section (1) shall not apply to a dwelling house which is situated on any land used for the purposes of agriculture from which he has been evicted under 2[section 31].

1. (1) If a landlord to whom the site referred to in section 16 belongs intends to sell such site, the tenant at the expense of whom or whose predecessorin-title, a dwelling house is built thereon shall be given in the manner provided in sub-section (2) the first option of purchasing the site at a value determined by the Tribunal.
2. (2) The landlord intending to sell such site shall give notice in writing to the tenant requiring him to state within three months from the date of service of such notice whether he is willing to purchase the site.
3. (3) If within the period of three months so specified the tenant intimates in writing to the landlord that he is willing to purchase the site, the landlord shall make an application to the Tribunal for the determination of the value of the site. On receipt of such application the Tribunal after giving notice to the tenant and after holding an inquiry shall determine the value of the site 1[which shall not exceed 20 times the annual rent thereof]. The Tribunal may, by an order in writing require the tenant to deposit the amount of value of such site 2[within one year] from the date of such order. On the deposit of such amount the site shall be deemed to have been transferred to the tenant and the amount deposited shall be paid to the landlord. The Tribunal shall on payment of the prescribed fees grant a certificate in the prescribed form to such tenant specifying therein the site so transferred and the name of such tenant.
4. (4) If the tenant fails to intimate his willingness to purchase the site within the time specified in sub-section (2) or fails to deposit the amount of the value within the time specified in sub-section (3), the tenant shall be deemed to have relinquished his right of first option to purchase the site and the landlord shall then be entitled to evict the tenant either on payment of such compensation for the value of the structure of such dwelling house as may be determined by the Tribunal or allow the tenant at his option to remove the material of the sturcture.
5. (5) Any sale of a site held in contravention of this section shall be null and void.

1[17A. Tenant's rights to purchase sites referred to in section 16.- (1) If a tenant referred to in section 16 intends to purchase the site on which a dwelling house is built, he shall give notice in writing to landlord to that effect.

1. (2) If the landlord refuses, or fails to accept the offer and to execute the sale-deed within three months from the date thereof, the tenant may apply to the Tribunal for the determination of the reasonable price of the land which shall not exceed 20 times the annual rant thereof, and thereupon the provisions of the determination and payment of the price and the issue of a certificate of purchase contained in the next succeeding section shall apply thereto.

1. (1) After the commencement of the Amending Act, 1955, the State Government may, by notification in the Official Gazette, direct a record of rights relating to the sites and the houses thereon in villages to be made in the manner prescribed.
2. (2) On the completion of such record of rights, the State Government may, by notification in the Official Gazette, specify a date on which the tenants referred to in section 16 whose names are entered in such record or their successors-intitle shall be deemed to have purchased the site of such dwelling house free from encumbrances at the price to be fixed by the Tribunal, being a price not exceeding 20 times the annual rent for the site.
3. (3) As soon as may be thereafter, the Tribunal shall publish or cause to be published a notice in such village within its jurisdiction in which all such sites are situate and shall, as far as practicable, issue notice to each such landlord and tenant and to any other person interested in such site to appear before it on the date specified in the notice. The notice published in a village shall be affixed in the Chavdi or at such public place as the Tribunal may direct.
4. (4) The Tribunal shall, after giving an opportunity to such landlord, tenant and other person interested to be heard and after holding an inquiry, determine the price of the site.
5. (5) On the determination of the price of the site under sub-section (4), the tenant shall deposit the amount of such price with the Tribunal-
   • (a) either in lump sum within one year from such date, or
   • (b) in such instalments not exceeding three with simple interest at the rate of 4 1/2 per cent. per annum, and at such intervals during the period not exceeding three years and on or before such dates, as may be fixed by the Tribunal and the Tribunal shall direct that the amount deposited in lump sum or the amount of the instalments deposited at each interval shall be paid in accordance with the provisions of section 32Q so far as they are applicable.
6. (6) On the deposit of the amount of the price in lump sum or of the last instalment of such price, the Tribunal shall, on payment of the prescribed fee, grant a certificate in the prescribed form, to the tenant declaring him to be the purchaser of the site. Such certificate shall be conclusive evidence of the sale.
7. (7) If the tenant fails to pay any instalment on or before the date fixed by the Tribunal under sub-section (5), the amount of such instalment and the interest thereon shall be recovered as an arrears of land revenue.
8. (8) If after holding an inquiry under sub-section (4), the Tribunal is satisfied that, the tenant is not willing to purchase the site, the Tribunal shall issue a certificate to the landlord to that effect. On the issue of such certificate the landlord shall be entitled to evict the tenant and dispose of the site in such manner as he may think fit, either on payment of such compensation for the value of the structure of such dwelling house as may be determined by the Tribunal, or after allowing the tenant, at his option, to remove the materials of the structure].

1[18. Dwelling houses of agricultural labourers, etc.- The provisions of sections 16, 17, 17A and 17B shall apply-

1. (a) to the dwelling houses and sites thereof occupied by agricultural labourers and artisans in any village; and
2. (b) to the lands held on lease in any village by persons carrying on an allied bpursuit for the purpose of such pursuit].

If a tenant has planted or plants any trees on any land leased to him, he shall be entitled to the produce and the wood of such trees during the continuance of his tenancy and shall on the termination of his tenancy be entitled to such compensation for the said trees as may be determined by the Mamlatdar : Provided that a tenant shall not be entitled to compensation under this section if the tenancy is terminated by surrender on the part of the tenant : Provided further that the landlord shall during the continuance of the tenancy be entitled to the rent of the land as if the trees had not been planted.

1. (1) A tenant shall during the continuance of his tenancy be entitled to two-thirds of the total produce of trees naturally growing on the land, the landlord being entitled to one-third of the produce of such trees.
2. (2) If there is any dispute regarding the right to the produce of such trees or the apportionment of such produce as provided under sub-section (1), the tenant or the landlord may apply to the Mamlatdar. Such application shall be made in such form as may be prescribed.
3. (3) On receipt of such application, the Mamlatdar shall, after holding an inquiry, pass such order thereon as he deems fit.

[Sub-letting of land by or on behalf of person in military, naval or air service of the union not to terminate tenancy.] Deleted by Bom. 13 of 1956, s. 16.

Notwithstanding anything contained in section 123 of the 1Bombay Land Revenue Code, 1879 (Bom. V of 1879), the responsibility for the maintenance and good repair of the boundary marks of the land held by the tenant and any charges reasonably incurred on account of service by revenue officers in case of alternation, removal or disrepair of such boundary marks shall be upon the tenant.

1. (1) Notwithstanding any agreement, usage or custom to the contrary, if it appears to the 1[State] Government that the construction, maintenance or repairs of any bunds protecting any land held by a tenant is neglected due to a dispute between the landlord and the tenant or for any other reason, it may by an order in writing direct that the construction, maintenance or repairs shall be carried out by-such persons as may be specified in the order and the cost thereof shall be recoverable from the person in actual possession of the land as arrears of land revenue.
2. (2) The person from whom the costs are recovered under sub-section (1) shall be entitled to recover the same or any part thereof from any person who under any agreement, usage or custom is wholly or partially liable to construct, maintain or repair the bunds.
3. (3) Notwithstanding anything contained in sub-section (1), it shall be lawful for the tenant of any land, the protective bunds of which are neglected, to construct, maintain or repair such bunds at his costs and the costs so incurred by him shall on application made by him to the Mamlatdar be recoverable by him from the landlord according to his liability under the agreement, usage or custom. The costs of the proceedings of the tenant's application shall also be recoverable from the landlord in case the landlord is held wholly or partially liable to pay the cost incurred by the tenant for construction, maintenance or repairs to the bunds.

Where any tenancy of any land held by any tenant is terminated on the ground that the tenant has done any act which is destructive or permanently injurious to the land, no proceeding for ejectment against such tenant shall lie unless and until the landlord has served on the tenant a notice in writing specifying the act of destruction or injury complained of and the tenant fails within a period of one year from the service of notice to restore the land to the condition in which it was before such destruction or injury.

1[(1)] Where any tenancy of any land held by any tenant is terminated for non-payment of rent and the landlord files any proceeding to eject the tenant, the Mamlatdar shall call upon the tenant to tender to the landlord the rent in arrears together with the cost of the proceeding, within 2[three months] from the date of order, and if the tenant complies with such order, the Mamlatdar shall, in lieu of making an order for ejectment, pass an order directing that the tenancy had not been terminated, and thereupon the tenant shall hold the land as if the tenancy had not been terminated : 3[Provided that if the Mamlatdar is satisfied that in consequence of total or partial failure of crops or similar calamity the tenant has been unable to pay the rent due, the Mamlatdar may for reasons to be recorded in writing, direct that the arrears of rent together with costs of the proceeding if awarded, shall be paid within one year from the date of the order and that if before the expiry of the said period the tenant fails to pay the said arrears of rent and costs, the tenancy shall be deemed to be terminated and the tenant shall be liable to be evicted]. 4[(2) Nothing in this section] shall apply to any tenant whose tenancy is terminated for non-payment of rent if he has failed for any three years to pay rent 5[and the landlord has given intimation to the tenant to that effect within a period of three months on each default].

1[25A. Tenancy to be in abeyance during usufructuary mortgage in favour of tenant.- If any land is mortgaged by a landlord by way of a usufructuary mortgage to a tenant cultivating such land, the tenancy of such land shall be in abeyance during the period the mortgage subsists. After the expiry of the said period it shall, notwithstanding any other law for the time being in force, be lawful to the tenant to continue to hold the land on the terms and conditions on which he held it before the mortgage was created].

1. (1) In the absence of an express intimation in writing to the contrary by a tenant, every payment made by a tenant to the landlord shall be presumed to be a payment on account of rent due by such tenant for the year in which the payment is made. 1[(2) When any amount of rent is received in respect of any land by a landlord or by a person on behalf of such landlord, the landlord or, as the case may be, the person shall at the time, when such amount is received by him, give a written receipt therefor in such form and in such manner as may be prescribed].

1[27. Sub-division, sub-letting and assignment prohibited.- (1) 2[Save as otherwise provided in section 32F, no sub-division] or sub-letting of the land held by a tenant or assignment of any interest therein shall be valid. Provided that nothing in this sub-section shall prejudicially affect the rights of a permanent tenant : Provided further that if the tenant dies,-

1. (i) if he is a member of a joint family, the surviving members of the said family, and
2. (ii) if he is not a member of a joint family, his heirs, shall be entitled to partition and sub-divide the land leased subject to the following conditions :-

1. (a) each sharer shall hold his share as a separate tenant,
2. (b) the rent payable in respect of the land leased shall be apportioned among the sharers, as the case may be, according to the share allotted to them,
3. (c) the area allotted to each sharer shall not be less than the unit which the State Government may, by general or special order, specify in this behalf having regard to the productive capacity and other circumstances relevant to the full and efficient use of the land for agriculture,
4. (d) if such area is less than the unit referred to in clause (c), the sharers shall be entitled to enjoy the income jointly, but the land shall not be divided by metes and bounds,
5. (e) if any question arises regarding the apportionment of the rent payable by the sharers, it shall be decided by the Mamlatdar, whose decision shall be final.

1. (2) Notwithstanding anything contained in sub-section (1), it shall be lawful for a tenant,-
   • (a) who is a widow, minor or a person subject to any physical or mental disability, or a serving member of the armed forces, to sub-let such land held by her or him as a tenant; or
   • (b) who is a member of a co-operative farming society and as such member to sub-let, assign, mortgage or to create a charge on his interest in the land in favour of such society, or in consideration of a loan advanced by any person authorised under section 54 of the 3Bombay Agricultural Debtors Relief Act, 1947 (Bom. XXVIII of 1947).
2. (3) Notwithstanding anything contained in sub-section (1), it shall also be lawful for a tenant to mortgage or create a charge on his interest in the land in favour of the State Government in Consideration of a loan advanced to him by the State Government under the Land Improvement Loans Act, 1883 (XIX of 1883), the Agriculturists Loans Act, 1884 (XII of 1884), or the Bombay Non-Agriculturists Loans Act, 1928 (Bom. III of 1928), or in favour of a co-operative society in consideration of a loan advanced to him by such co-operative society and without prejudice to any other remedy, open to the State Government or the co-operative society, as the case may be, in the event of his making default in payment of such loan in accordance with the terms on which such loan was granted, it shall be lawful for the State Government or the co-operative society, as the case may be, to cause his interest in the land to be attached and sold and the proceeds to be applied in payment of such loan].

Save as expressly provided in this Act or as provided in the Bombay Co-operative Societies Act, 1925 (Bom. VII of 1925), or the 1Bombay Agricultural Debtors Relief Act, 1947 (Bom. XXVIII of 1947) for the recovery of loans permitted under section 27, any interest in the land held by him as a tenant shall not be liable to be attached, seized or sold in execution of a decree or order of a Civil Court.

129. Procedure of taking possession.- (1) A tenant or an agricultural labourer or artisan entitled to possession of any land or dwelling house under any of the provisions of this Act may apply in writing for such possession to the Mamlatdar. The application shall be made in such form as may be prescribed 2[and within a period of two years from the date on which the right to obtain possession of the land or dwelling house is deemed to have accrued to the tenant, agricultural labourer or artisan, as the case may be].

1. (2) 3[Save as otherwise provided in sub-section (3A), no landlord] shall obtain possession of any land or dwelling house held by a tenant except under an order of the Mamlatdar. For obtaining such order he shall make an application in the prescribed form 4[and within a period of two years from the date on which the right to obtain possession of the land or dwelling house, as the case may be, is deemed to have accrued to him].
2. (3) On receipt of application under sub-section (1) or (2) the Mamlatdar shall, after holding an inquiry, pass such order thereon as he deems fit : 5[Provided that where an application under sub-section (2) is made by a landlord in pursuance of the right conferred on him under section 31, the Mamlatdar shall first decide, as preliminary issues, whether the conditions specified in clauses (c) and (d) of section 31A and sub-sections (2) and (3) of section 31B are satisfied. If the Mamlatdar finds that any of the said conditions is not satisfied, he shall reject the application forthwith]. 6[(3A) Where a landlord proceeds for termination of the tenancy under subsection (1) of section 43-1B, then, notwithstanding anything contained in this Act, the application for possession of the land shall be made to the Collector, who shall after holding an inquiry in the prescribed manner, pass such order thereon as he deems fit].
3. (4) Any person taking possesion of any land or dwelling house except in accordance with the provisions of 7[sub-sections (1), (2) or as the case may be, (3A)], shall be liable to forfeiture of crops, if any, grown in the land in addition to payment of costs as may be directed by the Mamlatdar or by the Collector and also to the penalty prescribed in section 81.

1[29A. Provisions of section 29 to apply to sites used for allied pursuits.- The provisions of section 29 shall apply to the sites used for allied pursuits as they apply to the sites of dwelling houses of an agricultural labourer or artisan in regard to taking possession of any land or dwelling house under the provisions of this Act.]

1[30.Rights and privileges of tenants not to be affected.- Save as provided in this Act, the rights or privileges of any tenant under usage or for the time being in force or arising out of any contract, grant, decree or order of a court or otherwise howsoever shall not be limited or abridged].