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

[CHAPTER VI 1[PROCEDURE AND JURISDICTION OF TRIBUNAL, MAMLATDAR AND COLLECTOR; APPEALS AND REVISION.] 2[67. Tribunal.- (1) For the purposes of this Act, there shall be a Tribunal, called the Agricultural Lands Tribunal for each taluka or mahal or for such area as the State Government may think fit : 3[Provided that it shall be lawful for the State Government, by notification in the Official Gazette, from time to time to alter the local limits of the jurisdiction of the Tribunal or to abolish the Tribunal so constituted or reconstitute the Tribunal for such area as may be specified in the notification; and in any case, to arrange for transfer of proceeding pending before any Tribunal on the date of such alteration or reconstitution.]

1. (2) The State Government may appoint an officer not below the rank of a Mamlatdar to be the Tribunal and to exercise the powers and perform the duties and functions of the Tribunal under this Act in taluka or mahal or any other area referred to in sub-section (1) : Provided that the State Government may for any area constitute a Tribunal consisting of not less than three members of whom-
   • (a) at least one shall be a person who is holding or has held a judicial office not lower in rank than that of a civil judge under the Bombay Civil Courts Act, 1869, or who is qualified to practise as a lawyer in the State of 4[Maharashtra], and
   • (b) one shall be appointed to be the President of the Tribunal; and the Tribunal so constituted shall exercise the powers and perform the duties and functions of the Tribunal under this Act. Explanation.- In this section 'lawyer' means any person entitled to appear and plead for another in Court in the 5[Bombay area of the State of Maharashtra] and includes an advocate, a vakil and an attorney of the 6[High Court of Maharashtra]. ]

It shall be the duty of the Tribunal-

1. (a) to determine the value of the site of a dwelling house under section 17; 1[(b) to determine the purchase price of land under section 32G, 63A or 64;
2. (c) to decide any dispute under sections 32 to 32R (both inclusive);] 2[(cc) to dispose of land under section 32P];
3. (d) to perform such other functions in carrying out the provisions of this Act, as may be prescribed or as may be directed by the 3[State] Government.

1. (1) The Tribunal shall have the some powers in making inquiries under this Act as are vested in Courts in respect of the following matters under the Code of Civil Procedure, 1908 (V of 1908), in trying a suit, namely :-
   • (a) proof of facts by affidavits;
   • (b) summoning and enforcing the attendance of any person and examining him on oath; and
   • (c) compelling the production of documents.
2. (2) The Tribunal shall have also such other powers as may be prescribed. The Tribunal shall have powers to award costs.
3. (3) The orders of the Tribunal shall be given effect to in the manner provided in section 73.

For the purposes of this Act the following shall be the duties and functions to be performed by the Mamlatdar:-

1. (a) to decide whether a person is an agriculturist;
2. (b) to decide whether a 1[person is, or was at any time in the past, a tenant] or a protected tenant 2[or a permanent tenant]; 3[(c) to determine the rates of rent under section 9;
3. (d) to decide dispute regarding class of land under section 9A];
4. (f) to determine the amount of compensation under section 10 for the contravention of sections 4[8, 9, 9A and 9C]; 5******
5. (h) to determine the amount to be refunded to a tenant under section 13(5);
   • (i) to determine the amount of compensation for trees to which a tenant is entitled under section 19;
6. (j) to determine any dispute regarding the right to produce of trees naturally growing under section 20;
7. (k) to determine the cost of repairing protective bunds under section 23; 6[(kk) to hold an inquiry and restore possession of land under subsection (1B) of section 32;]
8. (l) to sanction exchange of tenancies under section 33;
9. (m) to determine the amount of compensation payable to 7 tenant for any improvement under section 41; 8 [(ma) to determine what is reasonable rent under section 43B;
10. (mb) to issue a certificate under section 84A, and to decide under section 84B or 84C whether a transfer or acquisition of land is invalid and to dispose of land as provided in section 84C;
11. (mc) to decide reference under section 85A;
12. (md) to decide any dispute under section 88C; 9*****]
13. (n) to take measures for putting the tenant or landlord or the agricultural labourer or artisan 10[or person carrying on an allied pursuit] into the possession of the land or dwelling house under this Act;11***** 12*****
14. (o) to decide such other matters as may be reffered to him by or under this Act.

Save as expressly provided by or under this Act, all inquiries and other proceedings before the Mamlatdar or Tribunal shall be commenced by an application which shall contain the following particulars :-

1. (a) the name, age, profession and place of residence of the applicant and the opponent;
2. (b) a short description and situation of the property of which possession is sought, or the amount of the claim, as the case may be;
3. (c) the circumstances out of which the cause of action arose;
4. (d) a list of the applicant’s documents, if any, and of his witnesses, and whether such witnesses are to be summoned to attend or whether the applicant will produce them on the day of the hearing;

In all inquires and proceedings commenced on the presentation of applications under section 71 the Mamlatdar or the Tribunal shall exercise the same powers as the Mamlatdar's court under the Mamlatdar's Courts Act, 1906 (Bom. II of 1906), and shall 1[save as provided in section 29] follow the provisions of the said Act, as if the Mamlatdar or the Tribunal were a Mamlatdar's Court under the said Act and the application presented was a plaint presented under section 7 of the said Act. In regard to matters which are not provided for in the said Act, the Mamlatdar or the Tribunal shall follow the procedure as may be prescribed by the 2[State] Government. Every decision of the Mamlatdar or the Tribunal shall be recorded in the form of an order which shall state reasons for such decision.

1[72A. Power of Collector to transfer proceedings.- The Collector may, after due notice to the parties, by order in writing transfer any proceeding under this Act pending before a Mamlatdar in his district from such Mamlatdar to any other Mamlatdar in his district and the Mamlatdar to whom the proceeding is so transferred shall thereupon exercise jurisdiction under this Act in such proceeding : Provided that any order issued to village officers under sub-section (2) of section 73 shall be issued by the Mamlatdar to whom such village officers are subordinate].

3[72B. Application for possession of land made to different Mamlatdars to be heard by designated Mamlatdar.- (1) If in the course of the hearing of an application for possession of any land made by a landlord under section 29, the Mamlatdar of one area finds that the landlord had made a similar application to the Mamlatdar of another area for possession of other land held by him in that area, then the Mamlatdar shall refer the case to the Collector if the other land is in the same district, and to the Divisional Officer if the other land is in another district, and to the State Government if the other land is in another division.

1. (2) On receipt of the reference, the Collector or the Divisional Officer or the State Government, as the case may be, shall-
   • (a) call for the proceedings of the other application from the Mamlatdar concerned;
   • (b) having regard, among other matters to the extent of the land of which possession is sought under the different applications, transfer all the applications and proceedings to one of the Mamlatdars for hearing and disposal; and
   • (c) give an intimation of the transfer to the Mamlatdars, the landlord and the tenants concerned.
2. (3) The Mamlatdar to whom the applications are so transferred shall exercise jurisdiction in respect thereof under this Act : Provided that any order to be issued to village officers under sub-section (2) of section 73 shall be issued by or through the Mamlatdar to whom such village officers are subordinate.

1. (1) If in the course of a proceeding under section 32G in respect of any tenant, the Tribunal finds that such tenant holds as a tenant other land outside its jurisdiction, then the Tribunal shall refer the case in the prescribed manner to the Collector if the other land is in the same district, and to the Divisional Officer, if the other land is in another district and to the State Government if the other land is in another division.
2. (2) On receipt of the reference, the Collector or the Divisional Officer or the State Government, as the case may be, shall-
   • (a) call for the details of such land in the prescribed form from the Tribunal within whose jurisdiction the land is situate;
   • (b) taking into consideration the extent of land held by the tenant as tenant situate within the jurisdiction of different Tribunals, direct that the proceeding under section 32G, 32H, 32I, 32K, 32L, 32M, 32N and 32Q, in respect of all the lands held by the tenant as tenant shall be conducted and disposed of by the Tribunal designated for the purpose, and transfer the case accordingly; and
   • (c) give an intimation of the transfer to the Tribunal, the landlords and the tenant concerned.
3. (3) The Tribunal designated under sub-section (2) shall exercise jurisdiction under this Act in respect of all the said lands : Provided that any order to be issued to village officers under sub-section (2) of section 73 shall be issued by or through the Mamlatdar to whom such village officers are subordinate].

1[72AA. Distribution of business amongst Mamlatdars.- Where in any taluka or mahal, in addition to the Mamlatdar appointed under section 12 of the Bombay Land Revenue Code, 1879 (Bom. V of 1879) or as the case may be, in addition to the Mahalkari appointed under section 13 of the said Code one or more officers are appointed by the State Government to perform the duties of a Mamlatdar under this Act in such taluka or mahal, each such officer shall dispose of such inquires or proceedings commenced under section 71 as the Mamlatdar or as the case may be, the Mahalkari, subject to the control of the Collector, may by general or special order, refer to him.]

1. (1) Any sum the payment of which has been directed by an order of the Mamlatdar or the Tribunal including an order awarding costs shall be recoverable from the person ordered to pay the same as an arrear of land revenue.
2. (2) An order of the Mamlatdar or the Tribunal awarding possession or restoring the possession or use of any land shall be executed in the manner provided in section 21 of the Mamlatdar’s Courts Act, 1906 (Bom. II of 1906), as if it was the decision of the Mamlatdar under the said Act : 1[Provided that such order shall not be executed till the expiry of the period of appeal 2[or, as the case may be, of application for revision as provided] in section 79]. 3[(3) An order or decision of the Mamlatdar in execution proceedings conducted under sub-section (2), subject to appeal (if any) to the Collector, shall be final].

1[73A. Powers to Collector in inquiries under sub-section (3A) of section 29; provision as respects revision and execution of orders.- (1) For the purposes of an inquiry under sub-section (3A) of section 29 the Collector shall have the same powers as are vested in courts in respect of the following matters under the Code of Civil Procedure, 1908 (V of 1908), in trying a suit, namely:-

1. (a) proof of facts by affidavits,
2. (b) summoning and enforcing attendance of any person and examining him on oath, and
3. (c) compelling the production of documents.

1. (2) The order of the Collector under sub-section (3A) of section 29 shall, subject to revision under sub-section (3), be final.
2. (3) The State Government may, suo motu or on an application from any person interested in the land, call for the record of any such inquiry for the purpose of satisfying itself as to the legality or propriety of the order passed by the Collector and pass such order thereon as it deems fit. Provided that no such order shall be modified, annulled or reversed, unless an opportunity has been given to the interested parties to appear and to be heard.
3. (4) Every such order of the Collector or of the State Government in revision awarding possession of any land shall be executed in the manner provided for the execution of the orders of the Mamlatdar or Tribunal under section 73].

1. (1) An appeal against the orders of the Mamlatdar and the Tribunal may be filed to the Collector in the following cases-
   • (a) an order under section 4, 1***** 2*****
   • (d) an order under section 9, 3[(da) an order under section 9A;]
   • (e) an order under section 10, 4*****
   • (g) an order under section 13, 5[(ga) an order under section 15;]
   • (h) an order under section 17,
     • (i) an order under section 19,
   • (j) an order under section 20,
   • (k) an order under section 23,
   • (l) an order under section 25,
   • (m) an order under section 29, 6 [(m-1) an order under sub-section (1B) of section 32,] 7***** 8 [(ma) an order under sub-section (2) of section 32,] 9 [(mb) an order under sections 31, 32F, 32G or 32P,] 10[(n) an order under section 32K, 32M, 11[32MM] or 32Q,] 12[(na) an order under section 33B,]
   • (o) an order under section 33, 13[(oo) an order under sub-section (5) of section 34,
   • (p) an order under section 37,
   • (q) an order under section 39,
   • (r) an order under section 41, 14*** 15[(rr) an order made pursuant to a notification issued under sub-section (3) of section 43A,] 16[(ra) an order under section 43B,]
   • (s) an order under section 64, 17***** 18[(u) an order made under section 84A, 84B or 84C,
     • (v) an order under section 85A,
   • (w) an order under section 88C,
2. (2) Save as otherwise provided in this Act, the provisions of Chapter XIII of the Bombay Land Revenue Code, 1879 (Bom. V of 1879), shall apply to appeals to the Collector under this Act, as if the Collector were the immediate superior of the Mamlatdar or the Tribunal. The Collector in appeal shall have power to award costs.

1[74A. Powers of Collector to transfer and withdraw appeals.- The Collector may, after due notice to the parties, by order in writing-

1. (a) transfer any appeal pending before him or before any Assistant or Deputy Collector subordinate to him to any Assistant or Deputy collector specified in such order, performing the duties and exercising the powers of a Collector and upon such transfer the Assistant Collector or the Deputy Collector, as the case may be, shall have power to hear and decide the appeal as if it was originally filed to him; or
2. (b) withdraw any appeal pending before any Assistant or Deputy Collector and himself hear and decide the same].

1. (1) An appeal against the award of the Collector made under section 66 may be filed to the 1[Maharashtra Revenue Tribunal], notwithstanding anything contained in the Bombay Revenue Tribunal Act, 1939 (Bom. II of 1939)2.
2. (2) In deciding appeals under sub-section (1), the 3[Maharashtra Revenue Tribunalic6563 shall exercise all the powers which a court has and 4[subject to the regulations framed by such Tribunal under the Bomaby Revenue Tribunal Act, 1939 (Bom. II of 1939)5,] follow the same procedure which a court follows in deciding appeals from the decree or order of an original court under the Code of Civil Procedure, 1908 (V of 1908).

1. (1) Notwithstanding anything contained in the Bombay Revenue Tribunal Act, 1939,1 an application for revision may be made to the 2[Maharashtra Revenue Tribunal] constituted under the said Act against any order of the Collector on the following grounds only :-
   • (a) that the order of the Collector was contrary to law;
   • (b) that the Collector failed to determine some material issue of law; or
   • (c) that there was a substantial defect in following the procedure provided by this Act, which has resulted in the miscarriage of justice.
2. (2) In deciding applications under this section the 3[Maharashtra Revenue Tribunal] shall follow the procedure which may be prescribed by rules made under this Act after consultation with the 4[Maharashtra Revenue Tribunal].

1[76A. Revisional powers of Collector.- Where no appeal has been filed within the period provided for it, the Collector may, suo motu or on a reference made in this behalf by the Divisional Officer or the State Government, at any time,-

1. (a) call for the record of any inquiry or the proceedings of any Mamlatdar or Tribunal for the purpose of satisfying himself as to the legality or propriety of any order passed by, and as to the regularity of the proceedings of such Mamlatdar or Tribunal, as the case may be, and
2. (b) pass such order thereon as he deems fit : Provided that 2[no such record shall be called for after the expiry of one year from the date of such order and] no order of such Mamlatdar or Tribunal shall be modified, annulled or reversed unless opportunity has been given to the interested parties to appear and be heard].

Notwithstanding anything contained in the Court-fees Act, 1870 (VII of 1870), every application or appeal made under this Act to the Mamlatdar, Tribunal, Collector of 1[Maharashtra Revenue Tribunal] shall bear a court-fee stamp of such value as may be prescribed.

1. (1) The Collector in appeal and the 1[Maharashtra Revenue Tribunal] in appeal under section 75 and in revision under section 76 may confirm, modify or rescind the order in appeal or revision or its execution or may pass such other order as may seem legal and just in accordance with the provisions of this Act.
2. (2) The orders of the Collector in appeal or of the 2[Maharashtra Revenue Tribunal] in appeal or revision shall be executed in the manner provided for the execution of the orders of the Mamlatdar and Tribunal under section 73.

Every appeal or application for revision under this Act shall be filed within a period of sixty days from the date of the order of the Mamlatdar, Tribunal or Collector, as the case may be. The provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908 (IX of 1908), shall apply to the filling of such appeal or application for revision : 1[Provided that, an appeal against an order passed by the Mamlatdar under section 31 or 32F or an order passed by the Tribunal under section 32G before the date of the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), may be filed within a period of six months from the date of such commencement].

All inquiries and proceedings before the Mamlatdar, the Tribunal, the Collector and the 1[Maharashtra Revenue Tribunal] shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1960).

[Pleaders etc., excluded from appearance] Deleted by Mah. 8 of 1963, s. 7.