Chapter III SPECIAL PROVISION FOR TERMINATION OF TENANCY BY LANDLORDS WHO ARE OR HAVE BEEN SERVING MEMBERS OF THE ARMED FORCES; AND FOR PURCHASE OF THEIR LANDS BY TENANTS.

1[CHAPTER III-AA SPECIAL PROVISIONS FOR TERMINATION OF TENANCY BY LANDLORDS WHO ARE OR HAVE BEEN SERVING MEMBERS OF THE ARMED FORCES; AND FOR PURCHASE OF THEIR LANDS BY TENANTS 43-1A. Definition.- In this Chapter, unless the context requires otherwise, "landlord" means a landlord (including a certificated landlord within the meaning of section 33A) who is, or has ceased to be, a serving member of the armed forces; and in relation to the land of a landlord who is dead, includes his widow, son, son's son, unmarried daughter, father or mother.

1. (1) Notwithstanding anything contained in the foregoing provisions of this Act, but subject to the provisions of this section, it shall be lawful to a landlord at any time after the commencement of the Tenancy and Agricultural Lands Laws (Amendment) Act, 1964 (Mah. XXXIX of 1964), to terminate the tenancy of any land and obtain possession thereof, but-
   • (a) of so much of such land as will be sufficient to make up the total land in his actual possession equal to the ceiling area; and
   • (b) where the landlord is a member of joint family, only to the extent of his share in the land (not exceeding the ceiling area) held by the joint family, provided that, the Mamlatdar on inquiry is satisfied that such share has (regard being had to the area, assessment, classification and value of land) been separated by metes and bounds in the same proportion as his share in the entire joint family property and not in a larger proportion.
2. (2) No tenancy of any land shall be terminated under sub-section (1), unless a notice in writing is given to the tenant, and an application for possession under subsection (3-A) of section 29 is made to the Collector : Provided that in the case of a landlord who has ceased to be serving member of the armed forces, such notice shall be given and application made within two years from the date of such cesser; and if he dies before the expiry of these two years without giving such notice or making such application, then within two years from the date of his death.
3. (3) Nothing in this Chapter shall-
   • (a) apply to a tenancy of land created (after obtaining possession thereof under the provisions of this Chapter) by a landlord who has ceased to be a serving member of the armed forces; but the provisions of section 32O shall apply to such tenancy as they apply in relation to a tenancy created after the tiller's day;
   • (b) entitle a landlord who has ceased to be a serving member of the armed forces (as a result of his being duly dismissed or discharged after a court martial or on account of bad character or as a result of desertion) or who has not been attested, to terminate the tenancy of his land under this section.
4. (4) Nothing in the 1Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947), shall affect the termination of any tenancy under this Chapter.

All proceedings for recovery or restoration of possession of land filed under section 31 or 33B by a landlord pending immediately before the commencement of the Tenancy and Agricultural Lands Laws (Amendment) Act, 1964 (Mah. XXXIX of 1964), before a Mamlatdar shall (subject to any rules made as respects such transfer or any matter incidental thereto) on such commencement, stand transferred to the Collector and all such proceedings pending in appeal before the Collector or in revision before the Maharashtra Revenue Tribunal shall be deemed to have been instituted for restoration of the land before the Collector under section 43-1B, or as the case may be, pending in revision before the State Government under section 73A and be disposed of accordingly.

1. (1) Notwithstanding anything contained in the foregoing provisions of this Act, or any law, agreement, custom or usage to the contrary, but subject to the provisions of this section, a tenant holding land from a landlord shall, subject to the provisions of section 32A, be entitled to purchase from the landlord-
   • (a) where the landlord fails to make an application as required by section 43-1B, the entire land so held by him, and
   • (b) in any other case, such part of the land held by the tenant as is left with him after the termination of tenancy under section 43-1B.
2. (2) The right to purchase land under sub-section (1) shall be exercised within one year from the date on which possession of the land is obtained by the landlord in pursuance of the provisions of section 43-1B; or as the case may be, after the expiry of the period referred to in the proviso to the sub-section (2) of section 43- 1B; and intimation of exercise of the right shall be sent to the landlord and the Tribunal in the prescribed manner within the period aforesaid.
3. (3) The provisions of sections 32 to 32E (both inclusive) and sections 32G to 32N (both inclusive) and section 32P, 32Q and 32R shall apply to the purchase of the land by a tenant under sub-section (1) as those provisions apply in relation to the purchase of land under section 32.

Nothing in this Chapter shall apply in relation to land, which before the commencement of the Tenancy and Agricultural Lands Laws (Amendment) Act, 1964 (Mah. XXXIX of 1964), is purchased by any tenant under the provisions of Chapter III].

1[CHAPTER III-A SPECIAL PROVISIONS FOR LANDS HELD ON LEASE BY INDUSTRIAL OR COMMERCIAL UNDERTAKINGS AND BY CERTAIN PERSONS FOR THE CULTIVATION OF SUGARCANE AND OTHER NOTIFIED AGRICULTURAL PRODUCE 43-A. Some of the provisions not to apply to leases of land obtained by industrial or commercial undertakings, certain co-operative societies or for cultivations of sugarcane or fruits or flowers.- (1) The provisions of sections 4B, 8, 9, 9A, 9B, 9C, 10, 10A, 14, 16, 17, 17A, 17B, 18, 27, 31 to 31D (both inclusive), 32 to 32R, (both inclusive) 2[33A, 33B, 33C] 3*** 43, 63, 63A, 64 and 65, shall not apply to-

1. (a) 4[land leased to or held by] any industrial or commercial undertaking (other than a Co-operative Society) which in the opinion of the State Government bona fide carried on any industrial or commercial operations and which is approved by the State Government;
2. (b) leases of land granted to any bodies or persons other than those mentioned in clause (a) for the cultivation of sugarcane or the growing of fruits or flowers or for the breeding of livestock;
3. (c) to lands held or leased by such co-operative societies as are approved in the prescribed manner by the State Government which have for their objects the improvement of the economic and social conditions of peasants or ensuring the full and efficient use of land for agriculture and allied pursuits.

1. (2) The State Government may by notification in the Official Gazette in this behalf direct that the provisions of the said sections shall not apply to a lease of land obtained by any person for growing any other class of agricultural produce to which it is satisfied that it will not be expedient in the public interest to apply the said provisions. Before the issue of such notification, the State Government shall direct an inquiry to be made by an officer authorised in this behalf by the State Government and shall give all persons who are likely to be affected by such notification, an opportunity to submit their objections.
2. (3) Notwithstanding anything contained in sub-sections (1) and (2), it shall be lawful for the State Government to direct, by notification in the Official Gazette that the leases 5[or lands, as the case may be,] to which the provisions of sub-sections (1) and (2) apply, shall be subject to such conditions as may be specified in the notification, in respect of-
   • (a) the duration of the lease;
   • (b) the improvements to be made on the land and the formation of co-operative farming societies for that purpose and financial assistance to such societies;
   • (c) the payment of land revenue, irrigation cess, local-fund cess and any other charges payable to the State Government or any local authority; or
   • (d) any other matter referred to in sections mentioned in sub-section (1).

Notwithstanding any agreement, usage, decree or order of a court or any other authority, in the case of any land to which section 43A applies, the rent payable shall be reasonable rent as determined under the following clauses :-

1. (1) A landlord or a tenant of such land may make an application in writting to the Mamlatdar for the determination of the reasonable rent in respect of such land.
2. (2) On receipt of such application, the Mamlatdar shall give notice thereof to the other party to the lease and after holding an inquiry shall determine the reasonable rent.
3. (3) In determining the reasonable rent regard shall be had to the following factors :-
   • (a) profits of agriculture of similar lands in the locality,
   • (b) prices in the locality of the particular crop for the growing of which the land is leased,
   • (c) the improvements made in the land by the lessee or the landlord,
   • (d) the assessment payable in respect of land,
   • (e) the profits realised by the lessee on account of the lease of the land,
   • (f) profits earned by an industrial or commercial undertaking by the manufacture or sale of articles made out of the produce of the land leased,
   • (g) such other factors as may be prescribed.
4. (4) The reasonable rent determined by the Mamlatdar under clause (2) shall, with effect from 1[the date specified by the Mamlatdar] in that behalf, be deemed to be the rent fixed under the lease in lieu of the rent, if any, agreed between the parties.