Chapter VIII MISCELLANEOUS

1. (1) The 1[State] Government may make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for the following matters :- 2[(a) the other pursuits to be prescribed under clause (2A) of section 2;
   • (b) the other factors to be prescribed under section 7 and section 9;
   • (bb) the manner in which the value of crop share or produce shall be determined under section 9C];
   • (c) the penalty to be recovered under section 10 3[or to be inflicted under sub-section (5) of section 13;] 4[(d) the manner of verifying the surrender of a tenancy under section 15];
   • (e) the fees to be paid for the grant of a certificate and the form of such certificate under sub-section (3) of section 17; 5[(ee) the manner of making record of rights relating to sites and houses thereon under sub-section (1), and the fee to be paid and the form of certificate, under sub-section (6) of section 17B ];
   • (f) the manner and the form in which a receipt is to be given by the landlord under section 26; 6[(g) the manner of apportionment of rent under section 31D;
   • (ga) the rules subject to which a tenant shall be entitled to choose the area and location under section 32C; 7[(gaa) the manner of giving intimation under sub-section (1A) of section 32F and sub-section (1A) of section 320];
   • (gb) the form of public notice under sub-section (1), and the manner of recording statement under sub-section (2), of section 32G;
   • (gc) the form of certificate to be issued under sub-section (1) of section 32M;
   • (gd) the manner of referring a question for decision under subsection (3) of section 32Q];
   • (h) the term and conditions for exchange of lands and the form of certificate to be issued under section 33; 8[(hh) the period within which and the manner in which particulars of land are to be furnished to Mamlatdars under section 34A]; 9[(ha) other factors to be taken into consideration for determining reasonable rent under section 43B ];
     • (i) the manner of determining debts and liabilities under section 52;
   • (j) the manner of notifying liquidation scheme sanctioned under section 56; 10[(k-1) the rules subject to which the Collector may impose penalty under sub-section (4) of section 63-IA];
   • (k) the conditions subject to which permission to acquire land or interests therein may be granted under section 63; 11[(ka) other factors to be taken into consideration for determining reasonable price under section 63A;
   • (kb) the manner in which an offer shall be made and the form in which notice shall be given under section 64];
   • (l) the manner of making inquiry to determine the value of the estate, land or interest acquired and any other matter to be taken into consideration in determining the value under section 66; 12******
   • (m) the other functions of the Tribunal under section 68;
   • (n) the other powers of the Tribunal under section 69;
   • (o) the other procedure to be followed by the Mamlatdars and Tribunal under section 72;
   • (p) the value of the court-fee stamp payable on an application to the Mamlatdar or Tribunal or on an application or appeal to the Collector or 13[Maharashtra Revenue Tribunal] under section 77; 14[(pp) the manner of disposal of land under sub-section (3) of section 84B]; 15[(pa) the manner of grant of land under section 84C]; 16[(pb) the period within which and the form in which an application under section 88C shall be made and the form of certificate to be issued under that section];
   • (q) any other matter which is or may be prescribed under this Act.
3. (3) Rules made under this section shall be subject to the condition of previous publication in the Official Gazette. 17[(4) All rules made under this section shall be laid for not less than thirty days before each House of the State Legislature as soon as possible after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following, and publish in the Official Gazette].

83. Delegation of powers 1[and duties].- The 2[State] Government may, subject to such restrictions and conditions as it may impose, by notification in the Official Gazette, delegate to any of its officers not below the rank of an Assistant or Deputy Collector, all or any of the 3[powers conferred or duties imposed] on it by the Act.

1[83A. Restrictions on acquiring land by transfer which is invalid.- (1) No person shall acquire land by transfer, where such transfer or acquisition is invalid under any of the provisions of this Act.

1. (2) Any person who acquires land in contravention of sub-section (1) shall, in the event of the transfer or acquisition being decided to be or declared invalid, be liable to the consequences in section 84 or 84C, as the case may be.]

Any person unauthorisedly occupying or wrongfully in possession of any land-

1. (a) the transfer 1[or acquisition] of which either by the act of parties or by the operation of law is invalid under the provisions of this Act,
2. (b) the management of which has been assumed under the said provisions, or
3. (c) to the use and occupation of which he is not entitled under said provisions and the said provisions do not provide for the eviction of such persons, may be summarily evicted by the Collector.

1[84A. Validation of transfers made before appointed day.- (1) A transfer of any land in contravention of section 63 or 64 as it stood before the commencement of the Amending Act, 1955, made after the 28th day of December 1948 (when the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948), came into force) and before the 15th day of June 1955 shall not be declared to be invalid merely on the ground that such transfer was made in contravention of the said sections if the transferee pays to the State Government a penalty equal to 2[one per cent.] of the consideration or Rs. 100, whichever is less : Provided that, if such transfer is made by the landlord, in favour of the tenant in actual possession, the penalty leviable in respect thereof shall be one rupee : Provided further that if any such transfer is made by the landlord in favour of any person other than the tenant in actual possession, and such transfer is made either after the unlawful eviction of such tenant, or results in the eviction, of the tenant in actual possession, then such transfer, shall not be deemed to be validated 3[unless such tenant has failed to apply for the possession of the land under sub-section (1) of section 29 within two years from the date of his eviction from the land].

1. (2) On payment of such penalty, the Mamlatdar shall issue a certificate to the transferee that such transfer is not invalid. 4[(3) Where the transferee fails to pay the penalty referred to in sub-section (1), within such period as may be prescribed, the transfer shall be declared by the Mamlatdar to be invalid and thereupon the provisions of sub-sections (3) to (5) of section 84C shall apply].

1. (1) Where in respect of a transfer or acquisition of any land made on or after the 15th day of June 1955 and before the commencement of the Amending Act, 1955, the Mamlatdar, suo motu or on the application of any person interested in such land, has reason to believe that such transfer or acquisition-
   • (a) was in contravention of section 63 or 64 as it stood before the commencement of the Amending Act, 1955, or
   • (b) is inconsistent with any of the provisions of this Act as amended by the Amending Act, 1955, the Mamlatdar shall issue a notice in the prescribed form to the transferor, the transferee or the person acquiring such land, as the case may be, to show cause as to why the transfer or acquisition should not be declared to be invalid and shall hold an inquiry and decide whether the transfer or acquisition is or is not invalid : 1[Provided that, where the transfer or acquisition was in favour of the tenant in possession of the land and the area of the land so transfered together with the area of other land, if any, cultivated personally by the tenant did not exceed the ceiling area, such trasfer or acquisition shall not be declared to be invalid if the tenant pays to the State Government a penalty of one rupee within such period not exceeding three months as the Mamlatdar may fix.]
2. (2) If after holding such inquiry the Mamlatdar declares the transfer or acquisition to be invalid, he shall direct that the land shall be restored to the person from whom it was acquired, and that the amount of consideration paid, if any, shall be recovered as an arrear of land revenue from the transferor and paid to the transferee and until the amount is so fully paid, the said amount shall be a charge on the land. 2[(3) If the person to whom the land is directed to be restored refuses to take possession of the land, the Mamlatdar shall, subject to the provisions of section 63A, dispose of the land by sale in the perscribed manner in the following order of priority :-
   • (i) the tenant in actual possession of the land if he is not the transferee,
   • (ii) the persons or bodies in the order given in the priority list.
3. (4) The amount of price realised under sub-section (3), shall, subject to the payment of any encumbrances subsisting on the land, be paid to the 3[transferor].
4. (5) If the transferee refuses to accept the amount paid to him under sub-section (2) 4[or the transferor refuses to accept the amount paid to him under sub-section (4) the amount shall be forfeited to the State Government].]

1. (1) Where in respect of the transfer or acquisition of any land made on or after the commencement of the Amending Act, 1955, the Mamlatdar suo motu or on the application of any person interested in such land has reason to believe that such transfer or acquisition is or becomes invalid under any of the provisions of this Act, the Mamlatdar shall issue a notice and hold an inquiry as provided for in section 84B and decide whether the transfer or acquisition is or is not invalid.
2. (2) If after holding such inquiry, the Mamlatdar comes to a conclusion, that the transfer or acquisition of land is invalid, he shall make an order declaring the transfer or acquisition to be invalid : 1[Provided that, where the transfer of land was made by the landlord to the tenant of the land and area of the land so transferred together with the area of other land, if any, cultivated personally by the tenant did not exceed the ceiling area, the Mamlatdar shall not declare such transfer to be invalid-
   • (i) if the amount received by the landlord as the price of the land is equal to or less than the reasonable price determined under section 63A and the transferee pays to the State Government a penalty of one rupee within such period not exceeding three months as the Mamlatdar may fix;
   • (ii) if the amount received by the landlord as the price of the land is in excess of the reasonable price determined under section 63A and the transferor as well as the transferee pays to the State Government each a penalty equal to one-tenth of the reasonable price within such period as the Mamlatdar may fix].
3. (3) On the declaration made by the Mamlatdar under sub-section (2),-
   • (a) the land shall be deemed to vest in the State Government, free from all encumbrances lawfully subsisting thereon on the date of such vesting, and shall be disposed of in the manner provided in sub-section (4); the encumbrances shall be paid out of the occupancy price in the manner provided in section 32Q for the payment of encumbrances out of the purchase price of the sale of land but the right of the holder of such encumbrances to proceed against the person liable, for the enforcement of his right in any other manner, shall not be affected;
   • (b) the amount which was received by the transferor as the price of the land shall be deemed to have been forfeited to the State Government and it shall be recoverable as an arrear of land revenue; and
   • (c) the Mamlatdar shall, in accordance with the provisions of section 63A determine the reasonable price of the land.
4. (4) After determining the reasonable price, the Mamlatdar shall grant the land on new and impartible tenure and on payments of occupancy price equal to the reasonable price determined under sub-section (3) in the prescribed manner in the following order of priority :-
   • (i) the tenant in actual possession of the land;
   • (ii) the persons or bodies in the order given in the priority list : 2[3[Provided that, where the transfer of land was made by the landlord to the tenant of the land and the area of the land so transferred together with the area of the land, if any, cultivated personally by the tenant did not exceed the ceiling area then]-
   • (i) 4[if the amount] received by the transferor as the price of the land is, equal to or less than the reasonable price, the amount forfeited under sub-section (3) shall be returned to the transferor and the land restored to the transferee on payment of penalty of rupee one in each case; and
   • (ii) 5[if the amount] received by the transferor as the price of the land is in excess of the reasonable price, the Mamlatdar shall grant the land to the transferee on new and impartible tenure and on payment of occupancy price equal to one-tenth of the reasonable price and out of the amount forfeited under sub-section (3), the transferor shall be paid back an amount equal to nine-tenths of the reasonable price].
5. (5) The amount of the occupancy price realised under sub-section (4) shall, subject to the payment as aforesaid of any encumbrances subsisting on the land, be credited to the State Government : Provided that where the acquisition of any excess land was on account of a gift or bequest, the amount of the occupancy price realised under sub-section (4) in respect of such land shall subject to the payment of any encumbrances subsisting thereon, be paid to the donee or legatee in whose possession the land had passed on account of such acquisition. 6[(6) Notwithstanding anything contained in sub-sections (1) to (5), the transfer or acquisition of any land shall not be declared invalid by the Mamlatdar, if,-
   • (i) the proceedings under sub-section (1), in respect of transfer or acquisition of such land are initiated after the date of commencement of the Maharashtra Tenancy and Agricultural Lands, the Hyderabad Tenancy and Agricultural Lands and the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) (Second Amendment) Act, 2016 (Mah. XX of 2016) (hereinafter in this sub-section referred to as "the commencement date"), or had been initiated before the commencement date, but no order under sub-section (2) had been made on or before the commencement date; and
   • (ii) the area of such land, including other land, if any, held by the transferee, who is an agriculturist, is not in excess of the ceiling area permissible under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Mah. XXVII of 1961); and
   • (iii) the land so transferred or acquired,-
   • (a) is being used only for the agricultural purposes and the transferee (other than tenant) pays an amount equal to fifty per cent. of the market value of such land as per the Annual Statement of Rates; or
   • (b) is being put to use for any purpose other than agricultural purposes and the transferee pays an amount equal to seventy-five per cent. of the market value of such land as per the Annual Statement of Rates. Explanation.- For the purposes of this sub-section, the term "Annual Statement of Rates" means the Annual Statement of Rates published under the provisions of the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995 or any other Rules for the time being in force in this regard, prevalent in respect of the year in which the transferee pays the amount as per sub-clause (a) or (b), as the case may be, of this clause]. Explanation.- For the purposes of this section "new and impartible tenure" means the tenure of occupancy which is non-transferable and non-partible without the previous sanction of the Collector].

1[84D. Temporary leases of land liable to be disposed of under section 32P or 84C.- (1) Where any land has become liable to be disposed of under section 32P or 84C, and the 2[Tribunal] or, as the case may be, the Mamlatdar considers that such disposal is likely to take time and that with a view to preventing the land remaining uncultivated it is necessary to take such a step, 3[the Tribunal, or the Mamlatdar may lease the land,] for cultivation to any agriculturist who has under personal cultivation land less than the ceiling area, subject to the following conditions :-

1. (i) the lease shall be for a period of one year;
2. (ii) the lessee shall pay rent at the rate fixed by the Mamlatdar and applicable to the land under section 9;
3. (iii) the lessee shall be liable to pay the land revenue and the other cesses specified in sub-section (1) of section 10A and payable in respect of the land;
4. (iv) if the lessee fails to vacate the land on the expiry of the term of the lease, he shall be liable to be summarily evicted by the Mamlatdar.

1. (2) The person holding land on lease under sub-section (2) shall not be deemed to be a tenant within the meaning of this Act.
2. (3) The amount of rent realised under sub-section (1), shall be -
   • (a) paid to the owner of the land where the land is liable to be disposed of under section 32P, and
   • (b) forfeited to Government, where the land is liable to be disposed of under section 84C].

1[84CC. Disposal of land, transfer or acquisitions of which is invalid for breach of conditions.- (1) Where the Collector suo motu or on an application made to him in this behalf has reason to believe that there has been a breach of any of the conditions subject to which permission to transfer land was granted under section 63, he shall issue a notice and hold an inquiry and after giving an opportunity of being heard to the person in whose favour such transfer was made, decide whether there has been any breach of condition of transfer and on his holding in the affirmative, make an order declaring the transfer to be invalid unless he hold that the breach was occasioned for reason beyond the control of such person.

1. (2) On making an order under sub-section (1), the land shall stand forfeited and transferred to, and shall vest without further assurance in, the State Government.
2. (3) The land vesting in the State Government under sub-section (2) shall be disposed of by the Collector to person or bodies in the order given in sub-section (2) of section 32P or in such other manner as the State Government may by general of special order direct; and the encumbrances lawfully subsisting thereon on the date of the vesting shall be paid out of the occupancy price in the manner provided in section 32Q for the payment of encumbrances out of the purchase price of the sale of land but the right of the holder of such encumbrances to proceed against the person liable for enforcement of his right in any other manner shall not be affected]. 2[(4) Notwithstanding anything contained in sub-sections (1) to (3), the transfer of land shall not be declared invalid by the Collector, where the transferee fulfills the requirements under sub-section (1) of section 63, if,-
   • (i) the proceedings under sub-section (1) are initiated after the date of commencement of the Maharashtra Tenancy and Agricultural Lands, the Hyderabad Tenancy and Agricultural Lands and the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) (Second Amendment) Act, 2016 (Mah. XX of 2016) (hereinafter in this sub-section referred to as "the commencement date") or such proceedings had been initiated prior to the commencement date, but no order under the said sub-section (1) had been made on or before such commencement date, for breach of any conditions, subject to which permission to transfer such land was granted under section 63; and
   • (ii) (a) the land so transferred is being used for agricultural purposes only and the transferee (other than tenant) pays an amount equal to fifty per cent. of the market value of such land as per the Annual Statement of Rates; or
   • (b) the land so transferred is being put to use for any purpose other than agricultural purposes and the transferee pays an amount equal to seventy-five per cent. of the market value of such land as per the Annual Statement of Rates. Explanation.- For the purposes of this sub-section, the term "Annual Statement of Rates" means the Annual Statement of Rates published under the provisions of the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995 or any other Rules for the time being in force in this regard, prevalent in respect of the year in which the transferee pays the amount as per sub-clauses (a) or (b), as the case may be, of this clause].

1. (1) No Civil Court shall have jurisdiction to settle, decide or deal with any question 1[(including a question, whether a person is or was at any time in the past a tenant and whether any such tenant is or should be deemed to have purchased from his landlord the land held by him)] which is by or under this Act required to be settled, decided or dealt with by the Mamlatdar or Tribunal, a Manager, the Collector or the 2[Maharashtra Revenue Tribunal] in appeal or revision or the 3[State] Government in exercise of their powers of control.
2. (2) No order of the Mamlatdar, the Tribunal, the Collector or the 4[Maharashtra Revenue Tribunal] or the 5[State] Government made under this Act shall be questioned in any Civil or Criminal Court. Explanation.- For the purposes of this section a Civil Court shall include a Mamalatdars Court constituted under the Mamlatdars Courts Act, 1906 (Bom. II of 1906).

1[85A. Suits involving issues required to be decided under this Act.- (1) If any suit instituted in any Civil Court involves any issues which are required to be settled, decided or dealt with by any authority competent to settle, decide or deal with such issues under this Act (hereinafter referred to as the "competent authority"), the Civil Court shall stay the suit and refer such issues to such competent authority for determination.

1. (2) On receipt of such reference from the Civil Court, the competent authority shall deal with and decide such issues in accordance with the provisions of this Act and shall communicate its decision to the Civil Court and such court shall thereupon dispose of the suit in accordance with the procedure applicable thereto. Explanation.- For the purpose of this section a Civil Court shall include a Mamlatdars Court constituted under the Mamlatdars’ Court Act, 1906 (Bom. II of 1906)].

In all matters connected with this Act, the 1[State] Government shall have the same authority and control over the Mamlatdars and the Collectors acting under this Act as they have and exercise over them in the general and revenue administration.

No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.

1[87A. Saving in respect of provisions of Land Tenures Abolition Act.- Nothing in this Act shall affect the provisions of any of the Land Tenures Abolition Acts, specified in Schedule III to this Act, in so far as such provisions relate to the conferment of right of an occupant in favour of any inferior holder or tenant in respect of any land held by him.]

1[88. Exemption to Government lands and certain other lands.- 2[(1)] 3[Save as otherwise provided in sub-section (2), nothing in the foregoing provisions of this Act] shall apply-

1. (a) to lands belonging to or held on lease from, the Government;
2. (b) to any area which the State Government may, from time to time, by notification in the Official Gazette, specify as being reserved for non-agricultural or industrial development;
3. (c) to an estate or land taken 4[* * * * *] under the management of the Court of Wards 5[or of a Government Officer appointed in his official capacity as a guardian under the Guardians and Wards Act, 1890 (VIII of 1890)] 6[* * * * *]. 7[(d) to an estate or land taken under management by the State Government under Chapter IV or section 65 except as provided in the said Chapter IV or section 65, as the case may be, and in sections 66, 80A, 82, 83, 84, 85, 86 and 87]: 8[Provided that from the date on which the land is released from management, all the foregoing provisions of this Act shall apply thereto; but subject to the modification that in the case of a tenancy, not being a permanent tenancy, which on that date subsists in the land-
4. (a) the landlord shall be entitled to terminate the tenancy under section 31 (or under section 33B in the case of a certified landlord) within one year from such date; and
5. (b) within one year from the expiry of the period during which the landlord or certificated landlord is entitled to terminate the tenancy as aforesaid, the tenant shall have the right to purchase the land under section 32 (or under section 33C in the case of an excluded tenant); and
6. (c) the provisions of sections 31 to 31D, both inclusive (or sections 33A and 33B in the case of a certificate landlord) and sections 32 to 32R (both inclusive) (or sections 33A and 33C in the case of an excluded tenant) shall, so far as may be applicable, apply to the termination of a tenancy or the right to purchase the land, as aforesaid: Provided further that,-
7. (a) in the case of a permanent tenancy the permanent tenant shall be entitled to purchase the land held by him on permanent tenancy,-
   • (i) within one year from the date on which the estate or land is released from management, or
   • (ii) where such estate or land was released from management after the tiller's day but before the commencement of the Bombay Tenancy and Agricultural lands (Amendment) Act, 1960 (Mah. IX of 1861), within one year from such commencement, and
8. (b) where such permanent tenant is desirous of exercising the right conferred on him under this proviso, he shall accordingly inform the landlord and Tribunal in the prescribed manner within the said period of one year and the provisions of sections 32 to 32-R shall, so far as may be applicable, apply to the right of the permanent tenant to purchase the land.] 9[Explanation.- For the purposes of 10[clause (a) of subsection (1)] of this section land held as inam or watan for service useful to Government and assigned as remuneration to the person actually performing such service for the time being under section 23 of the 11Bombay Hereditary Offices Act, 1874 (Bom. II of 1874), or any other law for the time being in force, shall be deemed to be land belonging to Government.] 12[(2) If any land held on lease from Government or any part thereof,-
   • (i) is held at the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), by a person under a sub-lease from the lessee and is cultivated personally by such person, or
   • (ii) is sub-let after the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), by the lessee to any person for cultivation, and such sub-letting of the land or part thereof is authorised in accordance with the terms of the lease then all the provisions of this Act except sections 32 to 32-R (both inclusive) and section 43 shall, notwithstanding anything contained in such lease, apply to the land, or as the case may be, the part thereof, held under such sub-lease, as if the person holding it under such sub-lease were a tenant within the meaning of section 4 of this Act and the lessee were the landlord: Provided that in the case of a sub-lease subsisting on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), the lessee shall be entitled to terminate the sub-lease under section 31 within one year from such date and the provisions of sections 31 to 31-D (both inclusive) shall so far as may be applicable, apply to the termination of the sub-lease. Explanation.- In sub-section (2) of this section, references to a lessee include a reference to a person to whom the entire interest in the land held on lease or in any part thereof has been transferred or assigned.]

Nothing in the foregoing provision shall apply to lands transferred to, or by, a Bhoodan Samiti recognized by the State Government in this behalf.

1[(1)] Nothing in the foregoing provisions except sections 3, 4B, 8, 9, 9A, 9B, 9C, 10, 10A, 11, 13 and 27 and the provisions of Chapters VI and VIII in so far as the provisions of the said Chapters are applicable to any of the matters referred to in the sections mentioned above, shall apply-

1. (a) to lands held or leased by a local authority, or University established by law in the 2[Bombay area of the State of Maharashtra]; and
2. (b) to lands which are the property of a trust for an educational purpose, 3[a hospital, Panjarapole, Gaushala] or an institution for public religious worship: Provided that-
   • (i) such trust is or is deemed to be registered under the 4Bombay Public Trusts Act, 1950 (Bom. XXIX of 1950), and
   • (ii) the entire income of such lands is appropriated for the purposes of such trust; 5[(c) to lands assigned or donated by any person before the 1st day of August 1956 for the purpose of rendering any of the following services useful to the community, namely :- maintenance of water works, lighting or filling of water troughs for cattle;] 6[(d) to lands taken under management temporarily by the Civil, Revenue or Criminal Courts by themselves, or through receivers appointed by them, till the decision of the title of the rightful holders: Provided that, from the date on which the land referred to in clause (d) is released from management, all the foregoing provisions of this Act shall apply thereto; but subject to the modifications that in the case of a tenancy, not being a permanent tenancy, which on that date subsists in the land-
   • (i) the landlord shall be entitled to terminate the tenancy under section 31 (or under section 33B in the case of a certificated landlord) within one year from such date; and
   • (ii) within one year from the expiry of the period during which the landlord or certificated landlord is entitled to terminate the tenancy as aforesaid, the tenant shall have the right to purchase the land under section 32 (or under section 33-C in the case of an excluded tenant), and
   • (iii) the provisions of sections 31 to 31-D, both inclusive, (or sections 33-A and 33-B in the case of a certificated landlord) and sections 32 to 32-R, both inclusive, (or sections 33-A and 33-C in the case of an excluded tenant) shall, so far as may be applicable, apply to the termination of a tenancy or the right to purchase the land, as aforesaid: Provided further that,-
3. (a) in the case of a permanent tenancy the permanent tenant shall be entitled to purchase the land held by him on permanent tenancy-
   • (i) within one year from the date on which the estate or land is released from management, or
   • (ii) where such estate or land was released from management after the tillers day but before the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), within one year from such commencement, and
4. (b) where such permanent tenant is desirous of exercising the right conferred on him under this proviso, he shall accordingly inform the landlord and Tribunal in the prescribed manner within the said period of one year and the provisions of sections 32 to 32-R shall, so far as may be applicable, apply to the right of the permanent tenant to purchase the land.] 7[(2) For the purposes of this section, a certificate granted by the Collector, after holding an inquiry, that the conditions in the proviso to sub-section (1) are satisfied by any trust shall be conclusive evidence in that behalf.]

1. (1) 1[Save as otherwise provided by sections 33-A, 33-B and 33-C, nothing in sections] 32 to 32-R (both inclusive) shall apply to lands leased by any person if such land does not exceed an economic holding and the total annual income of such person including the rent of such land does not exceed Rs. 1,500: Provided that the provisions of this sub-section shall not apply to any person who holds such land as a permanent tenant or who has leased such land on permanent tenancy to any other person. 2[(2) Every person eligible to the exemption provided in sub-section (1) shall make an application in the prescribed form to the Mamlatdar within whose jurisdiction all or most of the pieces of land leased by him are situate within the prescribed period for a certificate that he is entitled to such exemption.
2. (3) On receipt of such application, the Mamlatdar shall, after giving notice to the tenant or tenants of the land, hold inquiry and decide whether the land leased by such person is exempt under sub-section (1) from the provisions of sections 32 to 32-R.
3. (4) If the Mamlatdar decides that the land is so exempt, he shall issue a certificate in the prescribed form to such person.
4. (5) The decision of the Mamlatdar under sub-section (3) subject to appeal to the Collector, shall be final.]

1[88D. Power of Government to withdraw exemption.- (1) Notwithstanding anything contained in sections 88, 88A, 88B and 88C, if the State Government is satisfied-

1. (i) in the case of an area referred to in clause (b) of section 88, that the chances of non-agricultural or industrial development are remote, or that after the eviction of tenants from any land in such area, the land has not been used for a non-agricultural or industrial purpose,
2. (ii) that the lands transferred by a Bhoodan Samiti are not cultivated personally by the transferee or are alienated by them,
3. (iii) in the case of lands referred to in clause (b) of section 88B, that the trust is unable to look after the property or has mismanaged it or that there are disputes between the trust and the tenants, and
4. (iv) in the case of lands referred to in section 88C, that the annual income of the person has exceeded Rs. 1,500 or that the total holding of such person exceeds an economic holding, the State Government may, by order published in the prescribed manner, direct that with effect from such date as may be specified in the order such land or area, as the case may be, shall cease to be exempted from all or any of the provisions of this Act from which it was exempted under any of the sections aforesaid, and any certificate granted under section 88B or 88C, as the case may be, shall stand revoked.

1. (2) Where any such land or area ceases to be so exempted then in the case of a tenancy subsisting on the date specified in the order issued under sub-section (1), the landlord shall be entitled to terminate such tenancy under section 31 within one year from such date and the tenant, unless his tenancy is so terminated, shall have a right to purchase the land within one year from the expiry of the period during which such landlord is entitled to terminate the tenancy. The provisions of sections 31 to 31D (both inclusive) and sections 32 to 32R (both inclusive) shall, so far as may be applicable, apply to such termination of tenancy and to the right of the tenant to purchase the land.]

1[88AI. Special provisions in respect of tenants of certain lands in villages specified in Schedule IV.- Where any land being land situate in any of the villages specified in Schedule IV was not included within the limits of the former municipalities of Malad, Kandivali, Borivali and Mulund immediately before the first day of February 1957, and a tenant of the land would have been deemed to have purchased the land under section 32 but for the Government Notification in the Revenue Department, No. TNC. 5157/32/ 90-M, dated the 29th March 1957, issued under clause (b) of section 88 in respect of the said villages, such tenant shall, notwithstanding the said notification, be deemed to have purchased the land under section 32 on the relevant date specified in that section and the provisions of sections 32 to 32R and section 43 shall apply to such purchase accordingly.]

1[88CA. Sections 32 to 32R not to apply to certain service lands.- Nothing in sections 32 to 32R (both inclusive), 2[33A, 33B and 33C] shall apply to land held as inam or watan for service useful to Government but not assigned as remuneration to the person actually performing such service for the time being under section 23 of the 3[Bombay Hereditary Offices Act, 1874 (Bom. III of 1874)], or any other law for the time being in force.]

1[88CB. Sections 32 to 32R not to apply to Saranjams.- Nothing in sections 32 to 32R (both inclusive) shall apply, or shall be deemed ever to have applied, to any land held as saranjam on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1962 (Mah. XXXVI of 1962).

1[88CC. Provisions of Act not to apply in relation to certain leases.- Notwithstanding anything contained in this Act, a person who does not belong to a Scheduled Tribe shall, after the commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974 (Mah. XXXV of 1974), not have the right to purchase under this Act the land duly leased to him with the previous sanction of the Collector under the provisions of section 36 or section 36A of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).]

1. (1) The enactment specified in 1[Schedule I] is hereby repealed to the extent mentioned in the fourth column thereof.
2. (2) But nothing in this Act or any repeal effected thereby-
   • (a) shall affect the amendments made in section 59 of the Bombay Land Revenue Code, 1879 (Bom. V of 1879), or sections 6 and 9 of the Khoti Settlement Act, 1880 (Bom. I of 1880);
   • (b) shall, save as expressly provided in this Act, affect or be deemed to affect,-
     • (i) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Act, or
     • (ii) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this Act, and any such proceedings shall be continued and disposed of, as if this Act was not passed.
3. (3) Notwithstanding anything contained in sub-section (2), all proceedings for the recovery or restoration of the possession of the land under section 7 of the Act so repealed, pending at the date of the commencement of this Act before the Mamlatdar or in appeal before the Collector, shall, notwithstanding anything contained in this section, be deemed to have been instituted and pending before the Mamlatdar or in appeal before the Collector, as the case may be, under this Act and shall be disposed of in accordance with the provisions of this Act.
4. (4) Any appointment, notification, notice, order, rule or form made or issued under the Bombay Tenancy Act, 1939 (Bom. XXIX of 1939), shall continue to be in force and deemed to have been made or issued under the provisions of this Act, in so far as such appointment, notification, notice, order, rule or form is not inconsistent with the provisions of this Act, or rules made thereunder and shall continue to be in force, unless and until it is superseded by any appointment, notification, notice, order, rule or form made or issued under this Act.

1[89A. Removal of doubt.- It is hereby declared that sections 3, 3A and 4 of the Bombay Tenancy Act, 1939 (Bom. XXIX of 1939) as set out in Schedule I to this Act as modified from time to time by an order made under the Extra Provincial Jurisdiction Act, 1947 (Bom. XLVII of 1947), or by or under any other legislative power (including any modifications made in those sections by the 2Bombay Merged States (Laws) Act, 1950 (Bom. IV of 1950), and the Bombay Merged Areas, Enclaves and Specified Areas (Amendment of Laws) Act, 1950 (Bom. XXII of 1950)), in relation to the areas comprised in the merged States as defined in the second mentioned Bombay Act, or in the enclaves as defined in the last mentioned Bombay Act, shall always be deemed to be extended to and to be in force in, those areas on the dates on which this Act was extended to and brought into force respectively in those areas; and accordingly,-

1. (a) all tenants falling under the said section 3, 3A or 4 as so modified, shall at all relevant dates be deemed always to be protected tenants under the respective sections, notwithstanding that their rights as such protected tenants are not recorded in the Record of Rights as required by the said section 3A aforesaid;
2. (b) all proceedings for recovery or restoration of possession of land filed under section 34 of the Act as it stood immediately before the 1st day of August, 1956 (being the date on which the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955 (Bom. XIII of 1956) (hereinafter referred to as "the said Act of 1955") came into force) and pending on the commencement of the Bombay Tenancy and Agricultural Lands (Second Amendment) Act, 1962 (Mah. VIII of 1963) before the Mamlatdar or in appeal before the Collector, or any Tribunal or Court shall, notwithstanding any judgment, decree or order of a Court be deemed to have been instituted under section 31 as it stands substituted by the said Act of 1955 and shall be disposed of accordingly.]

1[90. Enactments amended.- The enactments specified in Schedule II shall be amended to the extent mentioned in the fourth column thereof.]