Chapter III CHAPTER III

CHAPTER III 1[SPECIAL RIGHTS AND PRIVILEGES OF TENANTS AND PROVISION FOR DISTRIBUTION OF LAND FOR PERSONAL CULTIVATION.]

1. (1) Termination of tenancy for personal cultivation and non-agricultural use. 2[31. Landlord's right to terminate tenancy for personal cultivation and nonagricultural purpose.- (1) Notwithstanding anything contained in sections 14 and 30 but subject to sections 31A to 31D (both inclusive), a 3[landlord (not being a landlord within the meaning of Chapter III-AA) may], after giving notice and making an application for possession as provided in sub-section (2), terminate the tenancy of any land (except a permanent tenancy), if the landlord bona-fide requires the land for any of the following purposes :-
   • (a) for cultivating personally, or
   • (b) for any non-agricultural purpose.
2. (2) The notice required to be given under sub-section (1) shall be in writing, shall state the purpose for which the landlord requires the land and shall be served on the tenant on or before the 31st day of December 1956. A copy of such notice shall, at the same time, be sent to the Mamlatdar. An application for possession under section 29 shall be made to the Mamlatdar on or before the 31st day of March 1957.
3. (3) Where a landlord is a minor, or a widow, or a person subject to mental or physical disability 4**** then such notice may be given 5[and an application for possession under section 29 may be made,]-
   • (i) by the minor within one year from the date on which he attains majority;
   • (ii) by the succesor-in-title of a widow within one year from the date on whcih her interest in the land ceases to exist;
   • (iii) within one year from the date on which mental or physical disability ceases to exist; and 6 ******* 7[Provided that where a person of such category is a member of a joint family, the provisions of this sub-section shall not apply if at least one member of the joint family is outside the categories mentioned in the sub-section unless before he 31st day of March 1958 the share of such person in the joint family has been separated by metes and bounds and the Mamlatdar on inquiry, is satisfied that the share of such person in the land is separated having regard to the area, assessment, classification and value of the land, in the same proportion as the share of that person in the entire joint family property, and not in a large proportion].

The right of a landlord to terminate a tenancy for cultivating the land personally under section 31 shall be subject to the following conditions :-

1. (a) If the landlord at the date on which the notice is given and on the date on which it expires has no other land of his own or has not been cultivating personally any other land, he shall be entitled to take possession of the land leased to the extent of a ceiling area.
2. (b) If the land cultivated by him personally is less than a ceiling area, the landlord shall be entitled to take possession of so much area of the land leased as will be sufficient to make up the area in his possession to the extent of a ceiling area.
3. (c) The income by the cultivation of the land of which he is entitled to take possession is the principal source of income for his maintenance. 1[(d) The land leased stands in the record of rights or in any public record or similar revenue record on the 1st day of January 1952 and thereafter during the period between the said date and the appointed day in the name of the landlord himself, or of any of his ancestors 2[but not of any person from whom title is derived, whether by assignment or Court sale or otherwise], or if the landlord is a member of a joint family, in the name of a member of such family].
4. (e) If more tenancies than one are held under the same landlord, then the landlord shall be competent to terminate only the tenancy or tenancies which are the shortest in point of duration.

In no case a tenancy shall be terminated under section 31-

1. (1) in such manner as will result in leaving with a tenant, after termination, less than half the area of the land leased to him, or
2. (2) in such a manner as will result in a contravention of the provisions of the 1Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947), or in making any part of the land leased a fragment within the meaning of that Act, or
3. (3) if the tenant has become a member of a co-operative farming society and so long as he continues to be such member.

The tenancy of any land left with the tenant after the termination of the tenancy under section 31 shall not at any time afterwards be liable to termination again on the ground that the landlord bona fide requires that land for personal cultivation.

If, in consequence of the termination of the tenancy under section 31, any part of the land leased is left with the tenant, the rent shall be apportioned in the prescribed manner in proportion to the area of the land left with the tenant.

[Certain provisions of Act not to apply to landlords on ceasing to be serving members of armed forces.] Deleted by Mah. 39 of 1964, s. 3.

1[(1)] On the first day of April 1957 (hereinafter referred to as "the tillers day") every tenant shall, 2[subject to the other provisions of this section and the provisions of] the next succeeding section, be deemed to have purchased from his landlord, free of all encumbrances subsisting thereon on the said day, the land held by him as tenant, if-

1. (a) such tenant is a permanent tenant thereof and cultivates land personally;
2. (b) such tenant is not a permanent tenant but cultivates the land leased personally; and
   • (i) the landlord has not given notice of termination of his tenancy under section 31; or
   • (ii) notice has been given under section 31, but the landlord has not applied to the Mamlatdar on or before the 31st day of March 1957 under section 29 for obtaining possession of the land ; 3[or] 4 [(iii) the landlord has not terminated his tenancy on any of the grounds specified in section 14, or has so terminated the tenancy but has not applied to the Mamlatdar on or before the 31st day of March 1957 under section 29 for obtaining possession of the lands] : Provided that if an application made by the landlord under section 29 for obtaining possession of the land has been rejected by the Mamlatdar or by the Collector in appeal or in revision by the 5[Maharashtra Revenue Tribunal] under the provisions of this Act, the tenant shall be deemed to have purchased the land on the date on which the final order of rejection is passed. The date on which the final order of rejection is passed is hereinafter referred to as "the postponed date": 6[Provided further that the tenant of a landlord who is entitled to the benefit of the proviso to sub-section (3) of section 31 shall be deemed to have purchased the land on the 1st day of April 1958, if no separation of his share has been effected before the date mentioned in that proviso]. 7[(1A) (a) Where a tenant, on account of his eviction from the land by the landlord, before the 1st day of April 1957, is not in possession of the land on the said date but has made or makes an application for possession of the land under sub-section (1) of section 29 within the period specified in that sub-section, then if the application is allowed by the Mamlatdar, or as the case may be, in appeal by the Collector or in revision by the 8[Maharashtra Revenue Tribunal], he shall be deemed to have purchased the land on the date on which the final order allowing the application is passed.
3. (b) Where such tenant has not made an application for possession within the period specified in sub-section (1) of section 29 or the application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the expiry of the said period or on the date of the final rejection of the application, such other person shall be deemed to have purchased the land on the date of the expiry of the said period or as the case may be, on the date of the final rejection of the application]. 9[(1B) Where a tenant who was in possession on the appointed day and who on account of his being dispossessed before the 1st day of April 1957 otherwise than in the manner and by an order of the Tahsildar as provided in section 29, is not in possession of the land on the said date and the land is in the possession of the landlord or his successor-in-interest on the 31st day of July 1969 and the land is not put to a non-agricultural use on or before the last mentioned date, then, the Tahsildar shall, notwithstanding anything contained in the said section 29, either suo motu or on the application of the tenant, hold an inquiry and direct that such land shall be taken from the possession of the landlord or, as the case may be, his successor-in-interest, and shall be restored to the tenant; and thereafter, the provisions of this section and sections 32A to 32R (both inclusive) shall, in so far as they may be applicable, apply thereto, subject to the modification that the tenant shall be deemed to have purchased the land on the date on which the land is restored to him : Provided that, the tenant shall be entitled to restoration of the land under this sub-section only if he undertakes to cultivate the land personally and of so much thereof as together with the other land held by him as owner or tenant shall not exceed the ceiling area. Explanation.- In this sub-section, "successor-in-interest" means a person who acquires the interest by testamentary disposition or devolution on death]. 10(2) Where by custom, usage or agreement or order of a Court, any warkas land belonging to the landlord is used by the tenant for the purpose of rab manure in connection with rice cultivation in the land held by him as tenant,-
4. (a) the whole of such warkas land, or
5. (b) as the case may be, such part thereof as the Tribunal may determine in cases where such warkas land is jointly used by more persons than one for the purpose of rab manure, shall be included in the land to be deemed to have been purchased by the tenant under sub-section (1) : Provided that in cases referred to in clause (b) the Tribunal may determine that such warkas land shall be jointly held by persons entitled to use the same, if in the opinion of the Tribunal, the partition of such warkas land by metes and bounds is neither practicable nor expedient in the interest of such persons]. 11[(3) In respect of the land deemed to have been purchased by a tenant under sub-section (1),- 12[(a) the tenant-purchaser shall be liable to pay to the former landlord compensation for the use and occupation of the land, a sum equal to the rent of such land every year, and]
6. (b) the 13[former landlord] shall continue to be liable to pay to the State Government the dues, if any, referred to in clauses (a), (b), (c) and (d) of subsection (1) of section 10A, where 14[the tenant-purchaser] is not liable to pay such dues under sub-section (3) of that section, until the amount of the purchase price payable by 15[tenant purchaser] to the 16[former landlord] is determined under section 32H]. 17[(4) Where any land held by a tenant is wholly or partially, exempt from the payment of land revenue and is deemed to have been purchased by him under sub-section (1) or under section 32F, section 32O or section 33C then-
7. (a) the tenant-purchaser shall in respect of such land, be liable to pay the full land revenue leviable thereon, and
8. (b) the State Government shall, with effect from the date on which the tenant is deemed to have purchased the land, but so long only as the tenure on which the land was held by the landlord continues and is not abolished, pay annually to the former landlord,-
   • (i) where such land is wholly exempt from the payment of land revenue, a cash allowance of an amount equal to the full land revenue leviable on such land; and
   • (ii) in other cases, an amount equal to the difference between the full land revenue leviable on such land and the land revenue payable thereon immediately before the said date].

A tenant shall be deemed to have purchased land under section 32-

1. (1) in the case of a tenant who does not hold any land as owner but holds land as tenant in excess of the ceiling area, upto the ceiling area;
2. (2) in the case of a tenant who holds land as owner below the ceiling area, such part of the land only as will raise his holding to the extent of the ceiling area.

If a tenant holds land partly as owner and partly as tenant but the area of the land held as owner is equal to or exceeds the ceiling area, he shall not be deemed to have purchased the land held by him as a tenant under section 32.

If a tenant holds land separately from more than one landlord, the tenant shall, subject to the rules made by the State Government in this behalf, be entitled to choose the area and the location of the land to be purchased from each of such landlords : Provided that, the area so chosen shall not, as far as may be practicable, be other than a survey number or a sub-division of a survey number.

1[(1)] If the land held on tenancy is only a fragment, the tenant shall be deemed to have purchased such fragment under section 32 notwithstanding anything contained in the 2Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947). 3[(2) If the tenancy of the land is attached to a holding or part thereof under section 29A of the 4Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947), the tenant shall notwithstanding anything to the contrary contained in that Act, be deemed, in the circumstances set out in section 32, to have purchased the land held on such tenancy].

The balance of any land after the purchase by the tenant under section 32 shall be disposed of in the manner laid down in section 15 as if it were land surrendered by the tenant.

1. (1) Notwithstanding anything contained in the preceding sections,-
   • (a) where the landlord is a minor, or a widow, or a person subject to any mental or physical disability, 1*** the tenant shall have the right to purchase such land under section 32 within one year from the expiry of the period during which such landlord is entitled to terminate the tenancy under section 31 2[and for enabling the tenant to exercise the right of purchase, the landlord shall send an intimation to the tenant of the fact that he has attained majority, before the expiry of the period during which such landlord is entitled to terminate the tenancy under section 31] : 3[Provided that where a person of such category is a member of a joint family, the provisions of this sub-section shall not apply if at least one member of the joint family is outside the categories mentioned in this sub-section unless before the 31st day of March 1958 the share of such person in the joint family has been separated by metes and bounds and the Mamlatdar on inquiry is satisfied that the share of such person in the land is separated, having regard to the area, assessment, classification and value of the land, in the same proportion as the share of that person in the entire joint family property and not in a larger proportion].
   • (b) where the tenant is a minor, or a widow, or a person subject to any mental or physical disability or a serving member of the armed forces, then subject to the provisions of clause (a), the right to purchase land under section 32 may be exercised-
     • (i) by the minor within one year from the date on which he attains majority;
     • (ii) by the successor-in-title of the widow within one year from the date on which her interest in the land ceases to exist;
     • (iii) within one year from the date on which the mental or physical disability of the tenant ceases to exist;
     • (iv) within one year from the date on which the tenant ceases to be a serving member of the armed forces : 4[Provided that where a person of such category is a member of a joint family, the provisions of this sub-section shall not apply if at least one member of the joint family is outside the categories mentioned in this sub-section unless before the 31st day of March 1958 the share of such person in the joint family has been separated by metes and bounds and the Mamlatdar on inquiry is satisfied that the share of such person in the land is separated, having regard to the area, assessment, classification and value of the land, in the same proportion as the share of that person in the entire joint family property, and not in a larger proportion]. 5[(1A) A tenant desirous of exercising the right conferred on him under sub-section (1) shall give an intimation in that behalf to the landlord and the Tribunal in the prescribed manner within the period specified in that sub-section] : 6[Provided that, if a tenant holding land from a landlord (who was a minor and has attained majority before the commencement of the Tenancy and Agricultural Lands Laws (Amendment) Act, 1969 (Mah. XLIX of 1969)) has not given intimation as required by this sub-section but being in possession of the land on such commencement is desirous of exercising the right conferred upon him under sub-section (1), he may give such intimation within a period of two years from the commencement of that Act].
2. (2) The provisions of sections 32 to 32E (both inclusive) and sections 32G to 32R (both inclusive) shall, so far as may be applicable, apply to such purchase.

1. (1) As soon as may be after the tillers day the Tribunal shall publish or cause to be published a public notice in the prescribed form in each village within its jurisdiction calling upon-
   • (a) all tenants who under section 32 are deemed to have purchased the lands,
   • (b) all landlords of such lands, and
   • (c) all other persons interested therein, to appear before it on the date specified in the notice. The Tribunal shall issue a notice individually to each such tenant, landlord and also, as far as practicable, other persons calling upon each of them to appear before it on the date specified in the public notice.
2. (2) The Tribunal shall record in the prescribed manner the statement of the tenant whether he is or is not willing to purchase the land held by him as tenant.
3. (3) Where any tenant fails to appear or makes a statement that he is not willing to purchase the land, the Tribunal shall by an order in writing declare that such tenant is not willing to purchase the land and that the purchase is ineffective : Provided that if such order is passed in default of the appearance of any party, the Tribunal shall communicate such order to the parties and any party on whose default the order was passed may within 60 days from the date on which the order was communicated to him apply for the review of the same.
4. (4) If a tenant is willing to purchase, the Tribunal shall, after giving an opportunity to the tenant and landlord and all other persons interested in such land to be heard and after holding an inquiry, determine the purchase price of such land in accordance with the provisions of section 32H and of sub-section (3) of section 63A : 1[Provided that where the purchase price in accordance with the provisions of section 32H is mutually agreed upon by the landlord and the tenant, the Tribunal after satisfying itself in such manner as may be prescribed that the tenants consent to the agreement is voluntary may make an order determining the purchase price and providing for its payment in accordance with such agreement].
5. (5) In the case of a tenant who is deemed to have purchased the land on the postponed date the Tribunal shall, as soon as may be, after such date determine the price of the land.
6. (6) If any land which, by or under the provisions of any of the Land Tenures Abolition Acts referred to in Schedule III to this Act, is regranted to the holder thereof on condition that it was not transferable, such condition shall not be deemed to affect the right of any person holding such land on lease created before the regrant and such person shall as a tenant be deemed to have purchased the land under this section, as if the condition that it was not transferable was not the contition of regrant.

1[(1) Subject to the additions and deductions as provided in subsections (1A) and (1B), the purchase price shall be reckoned as follows, namely :-

1. (i) in the case of a permanent tenant who is cultivating the land personally the purchase price shall be the aggregate of the following amounts, that is to say,-

1. (a) an amount equal to six times the rent of the land;
2. (b) the amount of the arrears of rent, if any, lawfully due on the tillers day or the postponed date;
3. (c) the amounts, if any, paid by or recovered from the landlord as land revenue and cesses referred to in clauses (a), (b), (c) and (d) of sub-section (1) of section 10A, in the event of the failure on the part of the tenant to pay the same;
   • (ii) in the case of other tenants, the purchase price shall be the aggregate of the following amounts, that is to say,-
4. (a) such amount as the Tribunal may determine not being less than 20 times the assessment and not more than 200 times the assessment;
5. (b) the value of any structures, wells, and embankments constructed and other permanent fixtures made and trees planted by the landlord on the land;
6. (c) the amount of the arrears of rent, if any, lawfully due on the tillers day or the postponed date;
7. (d) the amounts, if any, paid by or recovered from the landlord as land revenue and other cesses referred to in clauses (a), (b), (c) and (d) of subsection (1) of section 10A, in the event of the failure on the part of the tenant to pay the same. Explanation 2[1].- For the purposes of calculating the price under this subsection, the amount of water rate, if any, levied under section 55 of the Bombay Land Revenue Code, 1879 (Bom. V of 1879), and included in such assessment, shall be excluded. 3[Explanation 2.- For the purposes of this sub-section, the expression 'assessment' shall have the meaning assigned to it in section 8]. 4[(1A) Where a tenant to whom sub-sections (1) and (2) of section 10A do not apply, has, after the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955 (Bom. XIII of 1956), paid in respect of the land held by him as tenant land revenue and other cesses referred to in sub-section (1) of that section on account of the failure of the landlord to pay the same, a sum equal to the total amount so paid by the tenant until the date of the determination of the purchase price shall be deducted from the aggregate of the amounts determined under sub-section (1). (1B)(a) On the amount arrived at in accordance with the provisions of subsections (1) and (1A), there shall be calculated interest at 4 1/2 per cent per annum for the period between the date on which the tenant is deemed to have purchased the land under section 32 and the date of the determination of the purchase price.
8. (b) (i) The amount of interest so calculated shall be added to, and
   • (ii) the amount of 5[compensation for use and occupation of the land], if any paid by 6[the tenant-purchaser to the former landlord] and the value of any products of trees planted by 7[such landlord] if such products are removed by 8[that land-lord] during the said period shall be deducted from the amount so arrived at].

1. (2) The State Government may, by general or special order, fix different minima and maxima for the purpose of sub-clause (a) of clause (ii) of sub-section (1) in respect of any kind of land held by tenants in any backward area. In fixing such minima and maxima, the State Government shall have regard to the rent payable for the land and the factors specified in sub-section (3) of section 63A.

1. (1) Where a permanent tenant has sub-let the land held by him the sub-tenant shall, to the extent and subject to the conditions specified in sections 32 to 32E (both inclusive), be deemed to have purchased the land on the tiller's day.
2. (2) The purchase price thereof shall be determined in the manner provided in clause (ii) of sub-section (1) of section 32H.
3. (3) Out of the purchase price payable by such sub-tenant the amount equal to six times the rent shall, in lump sum, be payable to the owner and the balance shall be paid to the permanent tenant.
4. (4) The provisions of sections 32 to 32H (both inclusive) and sections 32J to 32R (both inclusive), in so far as they may be applicable, shall apply to the purchase of the land by such sub-tenant and the payment to be made, to and on behalf of the permanent tenant.

[Appeal to State Government against decision of Tribunal.] Deleted by Mah. 8 of 1963, s. 31

32K. Mode of payment of price by 1[tenant-purchaser ] 2[and the power of Tribunal to recover purchase price.].- (1) On the determination of the purchase price 3[payable under section 32H] 4[the tenant-purchaser ],-

1. (i) if he is a permanent tenant, shall deposit with the Tribunal the entire amount of the purchase price within one year from such date as may be fixed by the Tribunal : Provided that if the Tribunal is satisfied that such 5 [tenant-purchaser] has failed to make the payment within the time specified for any reason beyond his control, the Tribunal may extend the period by a period not exceeding one year;
2. (ii) if he is not a permanent tenant, shall deposit with the Tribunal the entire amount of the price-

1. (a) either in lump sum within one year from such date, or
2. (b) in such annual instalments not exceeding twelve with simple interest at the rate of 4 1/2 per cent per annum 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 instalments deposited shall be paid to the 6[former landlord ]. 7[(1A) If a tenant-purchaser is unable to deposit with the Tribunal the entire amount of the purchase price in lump sum before the expiry of the period fixed under clause (ii) of sub-section (1), he may deposit with the Tribunal within three months after the expiry of such period or six months from the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1964 (Mah. XXXI of 1965), whichever is later an amount equal to one-twelth of the purchase price, and also an amount equal to one yearsqptss interest at the rate of 4 1/2 per cent. per annum on the balance; and apply to the Tribunal to pay the balance in instalments. On such deposit being made, the Tribunal shall grant the tenant-purchaser such reasonable facility (not exceeding eleven annual instalments) for payment of the balance as it deems fit. (1B) Where a tenant-purchaser,-
3. (a) fails to pay the price in lump sum within the period referred to in clause (ii) of sub-section (1), or
4. (b) is in arrears of four instalments, where the number of instalments fixed is four or more, and all the instalments in any other case, he may during the period of six months from the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1964 (Mah. XXXI of 1965) or from the date of default of the payment of price in lump sum, or of the last instalment, whichever is later, apply to the Tribunal to condone the default on the ground that he, for sufficient reasons, was incapable of paying the price in lump sum or the instalments within time; and if the Tribunal after holding such inquiry as it thinks fit, is satisfied with the reasons given, it may allow further time,-
   • (i) of one year to the tenant-purchaser to pay the price in lump sum, or
   • (ii) for payment of the arrears, and may, for that purpose increase the total number of instalments to sixteen].

1. (2) During any period for which payment of rent is suspended or remitted under section 13, the 8[tenant-purchaser] shall not be bound to pay the purchase price in lump sum or the amount of any instalments fixed under this section or any interest thereon, if any 9[(3) If a tenant-purchaser fails to pay the entire amount of the purchase price within the period fixed under the provisions of this section or is in arrears of four instalments where the number of instalments fixed is four or more, and all the instalments in any other case, the amount of the purchase price remaining unpaid and the amount of interest thereon at the rate of 4 1/2 per cent. per annum, if any, shall be recoverable by the Tribunal as an arrear of land revenue].

[Purchase price recoverable as arrears of land revenue.]- Repealed by Mah. XXXI of 1965, s. 3.

32M. Purchase to be ineffective on 1[tenant-purchaser's] failure to pay purchase price 2***.- (1) On the deposit of the price in lump sum or of the last instalment of such price the Tribunal shall issue a certificate of purchase in the prescribed form, to the 3 [tenant-purchaser] in respect of the land. Such certificate shall be conclusive evidence of purchase. 4[In the event of failure of recovery of purchase price as arrears of land revenue under sub-section (3) of section 32K, the purchase shall be ineffective and the land shall be at the disposal of the 5[Tribunal] under section 32P and any amount deposited by such 6[tenant purchaser] towards the price of the land shall be refunded to him. 7[(2) Where the purchaser of any land has become ineffective for default of payment in time of the price in lump sum or in instalments, but the tenant-purchaser has nevertheless continued in possession at the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1964 (Mah. XXXI of 1966), then the purchase of the land shall not be deemed to be ineffective, until the Tribunal fails to recover the amount of the purchase price under sub-section (3) of section 32K].

1[(1) Where any purchase of land becomes ineffective, the former landlord shall be entitled to recover from his former tenant compensation for use and occupation of the land equal to the rent thereof and any such compensation due may be recovered from the former tenant as an arrear of land revenue, and paid to the former landlord. The amount so recoverable shall be deducted from the amount, if any, to be refunded to the former tenant.]

1. (2) If within three months from the date on which the purchase of any land has become ineffective the 2[former landlord] fails to refund 3[former tenant] the amount paid after deducting any 4[compensation referred to in sub-section (1)] due to him, it shall be recovered from him as an arrear of Land revenue and paid to the 5[former tenant].

1. (1) In respect of any tenancy created after the tillers' day 1[by a landlord (not being a serving member of the armed forces)] notwithstanding any agreement or usage to the contrary, a tenant cultivating personally shall be entitled within one year from the commencement of such tenancy to purchase from the landlord the land held by him or such part thereof as will raise the holding of the tenant to the ceiling area. 2***** 3[(1A) A tenant desirous of exercising the right conferred on him under sub-section (1) 4*** shall give an intimation in that behalf to the landlord and the Tribunal in the prescribed manner within the period specified in that sub-section].
2. (2) The provision of section 32 to 32N (both inclusive) and of sections 32P, 32Q, and 32R in so far as they may be applicable shall apply to the purchase of the land by a tenant under sub-section (1) 5******.

32P. Power of 1[Tribunal] to resume and dispose of land not purchased by tenants.- (1) Where the purchase of any land by tenant under section 32 becomes ineffective under section 32G or 32M or where a tenant fails to exercise the right to purchase the land held by him within the specified period under section 32F, 2[32 O, 33C or 43-ID], the 3[Tribunal] may suo motu or on an application made on this behalf 4*** 5[and in cases other than those in which the purchase has becomes ineffective by reasons of section 32G or 32M, after holding a formal inquiry] direct that the land shall be disposed of in the manner provided in sub-section (2).

1. (2) Such direction shall provide-
   • (a) that 6***** the 7[former tenant] be summarily evicted;
   • (b) that the land shall, subject to the provisions of section 15, be surrendered to the 8[former landlord];
   • (c) that if the entire land or any portion thereof cannot be surrendered in accordance with the provisions of section 15, the entire land or such portion thereof, as the case may be, notwithstanding that it is a fragment, shall be disposed of by sale to any person in the following order of priority (hereinafter called "the priority list"):-
     • (i) a co-operative farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons;
     • (ii) agricultural labourers;
     • (iii) landless persons;
     • (iv) small holders;
     • (v) a co-operative farming society of agriculturists (other than small holders) who hold either as owner or tenant or partly as owner and partly as tenant, land less in area than an economic holding and who are artisans;
     • (vi) an agriculturist (other than a small holder) who holds either as owner or tenant or partly as owner and partly as tenant, land less in area than an economic holding and who is an artisans;
     • (vii) any other co-operative farming society;
     • (viii) any agriculturist who holds either as owner or tenant or partly as owner and partly as tenant land larger in area than an economic holding but less in area than the ceiling area;
     • (ix) any person, not being an agriculturist, who intends to take to the profession of agriculture : 9[Provided that the State Government may, by notification in the Official Gazette, give, in relation to such local areas as it may specify, such priority in the above order as it thinks fit to any class or persons who, by reason of the acquisition of their land for any development project approved for the purpose by the State Government, have been displaced, and require to be re-settled].
2. (3) Where any land is to be surrendered in favour of the 10[former landlord,] under sub-section (2), the 11[former landlord] shall not be entitled to the possession thereof until any amount refundable to the 12[former tenant] is refunded to him or recovered from the 13[former landlord]; and until such refund or recovery is made, the 14[former tenant] shall continue to hold the land on the same terms on which it was held by him previously.
3. (4) Where any land or portion thereof cannot be surrendered in favour of the landlord and where such land or portion is offered for the sale under sub-section (2), but no person comes forward to purchase such land or portion, as the case may be, shall vest in the State Government and the 15[Tribunal] shall determine the price of such land or portion in accordance with the provisions of section 63A and the amount of the price so determined shall, subject to the provisions of section 32Q, be paid to the owner thereof.
4. (5) Where any land is sold under sub-section (2), the 16[Tribunal] shall determine the price of the land in accordance with the provisions of section 63A and the price so determined shall be payable by annual instalments not exceeding six with simple interest at the rate of 4 1/2 per cent. per annum as the 17[Tribunal] may determine and the price of the land recovered from the purchaser shall, subject to the provisions of section 32Q, be paid to the owner thereof. 18[(6) On the deposit of the last instalment of the purchase price, the Tribunal shall issue a certificate of purchase in the prescribed form to the purchaser in respect of the land. Such certificate shall be conclusive evidence of purchase. If the purchaser is at any time in arrears of two instalments, then unless the 19[Tribunal] after holding such inquiry as it thinks fit is satisfied with the reasons given and allows a further period not exceeding one year to pay the arrears, the purchase shall be ineffective and the amount deposited by such purchaser shall be refunded to him].

1. (1) During an inquiry held under section 32G the Tribunal shall determine any encumbrances lawfully subsisting on the land on the tiller's day.
2. (2) (a) If total amount of the encumbrances is less than the purchase price so determined,-
   • (i) where the purchase price is paid in lump sum it shall be deducted from the purchase price and the balance paid to the 1[former ladlord];
   • (ii) where the purchase price is made payable in instalments, the Tribunal shall deduct such amount from such instalments towards the payment of the encumbrances : Provided that, where under any agreement, award, the decree or order of a court or any law, the amount of the encumbrances is recoverable in instalments, the Tribunal shall deduct such amount it deems reasonable from the instalments so payable.
   • (b) If the total amount of the encumbrances is more than the amount so determined, the purchase price in lump sum or the instalments, as the case may be, shall be distributed in the order of priority. If any person has a right to receive maintenance or alimony from the profits of the land, the Tribunal shall also make deductions for payment out of the purchase price.
3. (3) If such question involves any question of law regarding the validity of the 2[encumbrance or the claim] of the holder of the encumbrance or any question regarding the amount due in respect of the encumbrance, then notwithstanding anything contained in section 85A, the Tribunal shall in the manner prescribed refer the question for decision to the Judge of the Presidency Small Causes Court, or the Civil Judge within the territorial limits of whose jurisdiction the land is situate. On receipt of such reference the Judge concerned shall, after giving notice to the parties concerned, try the questions referred to and record findings thereon and send the same to the Tribunal. The Tribunal shall then give the decision in accordance with the said findings.
4. (4) Nothing in this section shall affect the rights of holder of any such encumbrances to proceed to enforce against the 3[former landlord] his right in any other manner or any other law for the time being in force.

If any time after the puchase of the land under any of the foregoing provisions, the purchaser fails to cultivate the land personally, he shall, unless the Collector condones such failure for sufficient reasons, be evicted and the land shall be disposed of in accordance with the provisions of section 84C].

1[32MM. Certain purchases not to become ineffective.- Where the purchase of any land has become ineffective under sub-section (1) of section 32M for default of payment in time of the price in lump sum, but the tenant-purchaser has nevertheless continued in possession at the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), then the purchase of the land shall, notwithstanding the provisions of section 32M, not be deemed to be ineffective, and the tenant-purchaser may, within a period of six months from such commencement apply to the Tribunal to condone the default on the ground referred to in sub-section (2) of section 32M; and if the Tribunal after holding such inquiry as it thinks fit, is satisfied of the sufficiency of the reasons given by the tenant-purchaser, it may allow a further period of one year to pay the price in lump sum, and thereupon the provisions of section 32M shall apply as they apply on deposit of the price in lump sum, or as the case may be, on failure to pay it; but the Tribunal shall not allow any further time for paying the price.]

33. Right of 1*** tenants to exchange land.- (1) Notwithstanding anything contained in this Act or any other law or any agreement or usage, the 2*** tenants holdings lands 3**** as such 4*** tenants may agree and may make an application to the Mamlatdar in the prescribed form for the exchange of their tenancies in respect of the lands held by them as 5*** tenants.

1. (2) On receipt of the application, the Mamlatdar after giving notice to the landlords concerned and after making an inquiry may sanction the exchange on such terms and conditions as may be prescribed and may issue certificates in the prescribed form to the applicants.
2. (3) The certificates so issued shall be conclusive of the fact of such exchange against the landlords and all persons interested in the lands exchanged.
3. (4) Each of the two 6*** tenants shall on exchange hold the land on the same terms and conditions on which it was held by the original tenant immediately before the exchange subject to such modifications as may have been sanctioned by the Mamlatdar.

1[(II-A) Termination of tenancy by landlords, and purchase by tenants, of lands to which section 88C applies. 33A. Definitions.- For the purposes of sections 33B and 33C,-

1. (i) "certificated landlord" means a person who holds a certificate issued to him under sub-section (4) of section 88C 2[but does not include a landlord within the meaning of Chapter III-AA holding a similar certificate]; and
2. (ii) "excluded tenant" means a tenant of land to which sections 32 to 32R (both inclusive) do not apply by virtue of sub-section (1) of section 88C.

1. (1) Notwithstanding anything contained in section 31, 31A or 31B a certificated landlord may, after giving notice and making an application for possession as provided in sub-section (3), terminate the tenancy of an excluded tenant, if the landlord bona-fide requires such land for cultivating it personally.
2. (2) The notice may be given and an application made by a certificated landlord under sub-section (3), notwithstanding that in respect of the same tenancy an application of the landlord made in accordance with sub-section (2) of section 31-
   • (i) is pending before the Mamlatdar or in appeal before the Collector, or in revision before the Maharashtra Revenue Tribunal, on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961) (hereinafter referred to in this section as 'the commencement date'), or
   • (ii) has been rejected by any authority before the commencement date.
3. (3) The notice required to be given under sub-section (1) shall be in writing, and shall be served on the tenant-
   • (a) before the first day of January 1962, but
   • (b) if an application under section 88C is undisposed of and pending on that date then within three months of his receiving such certificate, and a copy of the notice shall, at the same time, be sent to the Mamlatdar. An application for possession of the land shall be made thereafter under section 29 to the Mamlatdar before the 1st day of April 1962, in the case falling under (a) and within three months of his receiving the certificate in the case falling under (b).
4. (4) Wher the certificated landlord belongs to any of the following categories, namely :-
   • (a) a minor,
   • (b) a widow, 1******
   • (d) a person subject to any physical or mental disability, then, if he has not given notice and not made an application as required by sub-sections (1) and (3), such notice may be given and such application made-
   • (A) by the landlord within one year from the date on which he,-
     • (i) in the case of category (a), attains majority; 2*******
     • (iii) in the case of category (d), ceases to be subject to such physical or mental disability; and
   • (B) in the case of a widow, by the successor-in-title within one year from the date on which widowsqptss interest in the land ceases : Provided that, where a person belonging to any category is a member of a joint family, the provisions of this sub-section shall not apply if any one member of the joint family does not belong to any of the categories mentioned in this sub-section, unless the share of such person in the joint family has been separated by metes and bounds before the 31st day of March 1958 and the Mamlatdar on inquiry is satisfied that the share of such person in the land is separated (having regard to the area, assessment, classification and value of the land) in the same proportion as the share of that person in the entire joint family property, and not in a larger proportion.
5. (5) The right of a certificated landlord to terminate a tenancy under this section shall be subject to the following conditions, that is to say,-
   • (a) If any land is left over from a tenancy in respect of which other land has already been resumed by the landlord or his predecessor-in-title, on the ground that other land was required for cultivating it personally under section 31 (or under any earlier law relating to tenancies then in force), the tenancy in respect of any land so left over shall not be liable to be terminated under sub-section (1).
   • (b) The landlord shall be entitled to terminate a tenancy and take possession of the land leased but to the extent only of so much thereof as would result in both the landlord and the tenant holding thereafter in the total an equal area for personal cultivation-the area resumed or the area left with the tenant being a fragment, notwithstanding, and notwithstanding anything contained in section 31 of the 3Bombay Preventation of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947).
   • (c) The land leased stands in the Record of Rights (or in any public record or similar revenue record) on the 1st day of January 1952 and thereafter until the commencement date in the name of the landlord himself, of any of his ancestors (but not of any person from whom title is derived by assignment or Court sale or otherwise), or if the landlord is a member of a joint family, in the name of a member of such family.
6. (6) The tenancy of any land left with the tenant after the termination of the tenancy under this section shall not at any time afterwards be liable to termination again on the ground that the landlord bona-fide requires that land for personal cultivation.
7. (7) If, in consequence of the termination of the tenancy under this section, any part of the land leased is left with the tenant, the rent shall be apportioned in the prescribed manner in proportion to the area of the land so left with the tenant.

1. (1) Notwithstanding anything contained in sub-section (1) of section 88C, every excluded tenant holding land from a certificated landlord shall, except as otherwise provided in sub-section (3), be deemed to have purchased from the landlord, on the first day of April 1962, free from all encumbrances subsisting thereon on the said day, the land held by him as tenant, if such land is cultivated by him personally, and
   • (i) the landlord has not given notice of termination of tenancy in accordance with sub-section (3) of section 33B, or
   • (ii) the landlord has given such notice, but has not made an application thereafter under section 29 for possession as required by the said sub-section (3), or
   • (iii) the landlord, not belonging to any of the categories specified in subsection (4) of section 33B, has not terminated the tenancy on any of the grounds specified in section 14, or has so terminated the tenancy but has not applied to the Mamlatdar on or before the 31st day of March 1962 under section 29 for possession of the land : Provided that, where the landlord has made such application for possession, the tenant shall, on the date on which the application is finally decided, be deemed to have purchased the land which he is entitled to retain in possession after such decision.
2. (2) (a) Where a tenant, on account of his eviction from the land by the landlord before the 1st day of April 1962, is not in possession of the land on the said date, but has made or makes an application for possession of the land under sub-section (1) of section 29 within the period specified in that sub-section, then if the application is allowed by the Mamlatdar, or as the case may be, in appeal by the Collector or in revision by the Maharashtra Revenue Tribunal, he shall be deemed to have purchased the land on the date on which the final order allowing the application is passed.
   • (b) Where such tenant has not made an application for possession within the period specified in sub-section (1) of section 29 or any application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the expiry of the said period or on the date of the final rejection of the application, such other person shall be deemed to have purchased the land on the date of the expiry of the said period or as the case may be, on the date of the final rejection of the application.
3. (3) Where the certificated landlord, belonging to any of the categories specified in sub-section (4) of section 33B, has not given notice of termination of the tenancy of an excluded tenant in accordance with sub-section (3) of that section, or has given such notice but has not made an application thereafter under section 29 for possession as required by the said sub-section (3), such excluded tenant shall have the right to purchase the land held by him as tenant within one year from the expriry of the period specified in sub-section (4) of section 33B : Provided that where the tenancy is terminated and application for possession is made in accordance with the provisions of sub-section (4) of section 33B, the tenant shall, within one year from the date on which such application is finally decided be entitled to purchase the land which he is entitled to retain in possession after such decision.
4. (4) An excluded tenant desirous of exercising the right conferred on him under sub-section (3) shall accordingly inform the landlord and the Tribunal in the prescribed manner within the period of one year during which he is entitled to exercise such right under sub-section (3).
5. (5) The provisions of sections 32 to 32R (both inclusive) shall, so far as may be applicable, apply to the purchase of land by an excluded tenant under this section].

1[(III) Restriction upon holding land in excess of ceiling area. 34. [Maximum land that can be held by a person]. Deleted by Mah. 27 of 1961, s. 48, Second Schedule.

1[34A. Holders of land to furnish particulars of land to Mamlatdar.- Every person holding land in the charge of more than one village Accountant whether as owner or tenant or partly as owner and partly as tenant on the 31st day of March 1957, shall within the prescribed period furnish in the prescribed manner true particulars of all the land so held by him to each of the Mamlatdars within whose jurisdiction any piece of such land is situate].

[Provision of section 34 to apply to land, coming into possession of person on gift, etc.] Deleted by Mah. 27 of 1961, s. 48, Second Schedule.

1[35A. Determination of excess land cases.- (1) Where the Mamlatdar, suo motu or on an application made to him in this behalf, has reason to believe that the total area of land held by any person, whether as owner or tenant or partly as owner and partly as tenant, has exceeded the ceiling area or the area permitted to be held under sub-section (2) of section 34, whether on account of-

1. (i) the restoration of any land to the possession of such person under sub-section (2) of section 84B, or
2. (ii) the retention of any land with such person by virtue of the transfer of the land to such person not being declared to be invalid by the Mamlatdar under the proviso to sub-section (1) of section 84B or the proviso to sub-section (2) of section 84C, or by virtue of an order under the proviso to sub-section (4) of section 84C, he shall, after holding an enquiry and after giving an opportunity to such person of being heard, determine whether the total area of land held by such person exceed the ceiling area or the area permitted under sub-section (2) of section 34 and, if so, the extent and particulars of such excess land.

1. (2) The excess land determined under sub-section (1) shall be at the disposal of the Tribunal under section 32P].

If, as a result of any redistribution or transfer of land under the provisions of this Act, any area in excess of the economic holding or ceiling area which a person is entitled to hold under this Act is left over as a fragment, the Collector may, 1****** permit such fragment to remain with either of the holders of the land, having regard to the efficient use thereof for agricultural purposes.]

1. (1) If after the landlord takes possession of the land after the termination of the tenancy 1[under section 31], 2[33B or section 34 of this Act as it stood immediately before the commencement of the Amending Act, 1956] he fails to use it for any of the purposes specified in the notice given under 3[section 31], 4[33 B or section 34 of this Act as it stood immediately before the commencement of the Amending Act, 1956] within one year from the date on which he took possession or ceases to use it at any time for any of the aforesaid purposes within twelve years from the date on which he took such possession, the landlord shall forthwith restore possession of the land to the tenant whose tenancy was terminated by him, unless he has obtained from the tenant his refusal in writing to accept the tenancy on the same terms and conditions or has offered in writing to give possession of the land to the tenant on the same terms and conditions and the tenant has failed to accept the offer within three months of the receipt thereof.
2. (2) After the tenant has recovered possession under sub-section (1) he shall, subject to the provisions of this Act, hold such land on the same terms and conditions on which he held it at the time his tenancy was terminated.
3. (3) If the landlord has failed to restore possession of the land to the tenant as provided in sub-section (1) he shall be liable to pay such compensation to the tenant as may be determined by the Mamlatdar for the loss suffered by the tenant on account of eviction. 5[(4) The provisions of this section shall not apply to a landlord who becomes a serving member of the armed forces; and on that account, fails to use the land, or ceases to use it, for any of the purposes specified in the notice referred to in sub-section (1) and within the period specified in that sub-section].

[Circumstance in which landlord shall be deemed to cultivate personally]. Deleted by Bom. 13 of 1956, s. 26.

If at any time the tenant makes an application to the Mamlatdar and satisfies him that the landlord has failed to comply within a reasonable time with the provisions of section 37, the tenant shall be entitled on a direction by the Mamlatdar to obtain immediate possession of the land and to such compensation as may be awarded by the Mamlatdar for any loss caused to the tenant by eviction and by failure on the part of the landlord to restore or give possession of the land to him as required by section 37.

1[40. Continuance of tenancy on death of tenant.- (1) Where a tenant (other than a permanent tenant) dies, the landlord shall be deemed to have continued the tenancy on the same terms and conditions on which such tenant was holding it at the time of his death, to such heir or heirs of the deceased tenant as may be willing to continue the tenancy.

1. (2) Where the tenancy is inherited by heirs other than the widow of the deceased tenant, such widow shall have a charge for maintenance on the profits of such land].

1. (1) A 1** tenant who has made an improvement on the land held by him shall, if his tenancy is terminated under the provisions of this Act, be entitled to compensation for such improvement. For determining the amount of the compensation the tenant shall apply to the Mamlatdar in the prescribed form.
2. (2) The compensation to which a tenant shall be entitled under sub-section (1) shall be the estimated value of such improvement at the time of the termination of his tenancy. In estimating such value regard shall be paid to-
   • (a) the amount by which the value of the land is increased by the improvement;
   • (b) the present condition of the improvement and the probable duration of its effects;
   • (c) the labour and capital provided or spent by the tenant for the making of the improvement; and
   • (d) any reduction or remission of rent or other advantage allowed to the tenant by the landlord in consideration of the improvement 2[including permanent fixtures].

42. 1** Tenants right to erect farm-house.- A 2** tenant shall be entitled to erect farm-house on the land held by him as a 3** tenant.

1[43. Restriction on transfer of land purchased or sold under this Act.- (1) No land purchased by a tenant under section 32, 32F, 2[32I, 32O, 3[33C or 43-ID] ] or sold to any person under section 32P or 64 shall be transferred by sale, gift, exchange, mortgage, lease or assignment 4*** without the previous sanction of the Collector, 5[Such sanction shall be given by the Collector in such circumstances, and subject to such conditions, as may be prescribed by the State Government : Provided that, no such sanction shall be necessary where the land is to be mortgaged in favour of Government or a society registered or deemed to be registered under the 6Bombay Co-operative Societies Act, 1925 (Bom. VII of 1925), for raising a loan for effecting any improvement of such land] : 7[Provided further that, no such previous sanction shall be necessary for the sale, gift, exchange, mortgage, lease or assignment of the land in respect of which ten years have elapsed from the date of purchase or sale of land under the sections mentioned in this sub-section, subject to the conditions that,-

1. (a) before selling the land, the seller shall pay a nazarana equal to forty times the assessment of the land revenue to the Government;
2. (b) the purchaser shall be an agriculturist;
3. (c) the purchaser shall not hold the land in excess of the ceiling area permissible under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961(Mah. XXVII of 1961); and
4. (d) the provisions of the 8Bombay Prevention of Fragmention and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947) shall not be violated.

1. (2) Any transfer 9**** of land in contravention of sub-section (1) shall be invalid].