] Enactment repealed. (See section 89).

Year 1 No. 2 Short title 3 Extent of repeal 4 1939 XXIX The Bombay Tenancy Act, 1939. The whole except sections 3,3A and 4 as modified in the following manner, namely:– 3. A tenant shall be deemed to be a protected tenant in respect of any land if– (a) he has held such land continuously for a period of not less than six years immediately preceding either– (i) the first day of January 1938, or (ii) the first day of January 1945, and 1. This section was inserted by Bom. 13 of 1956, s. 50. 2. This Schedules was numbered as "Schedule 1", ibid., s. 51. Bom. XXIX of 1938. (b) he has cultivated such land personally, during the aforesaid period. Explanation I.–If the person who held such land on the first day of January 1938 or the first day of January, 1945, as the case may be, came to hold the same by inheritance or successsion from another person or if he has held such land as a tenant and is an heir to such other person, the period during which such other person held such land as a tenant shall be included in calculating the period of six years under this section. Explanation II.–If the person who held such land on the first day of January 1938 or the first day of January 1945, as the case may be, held as a tenant at any time within six years before the said date from the same landlord in the same village any other land which he cultivated personally, the period during which he held such other land shall be included in calculating the period of six years under this section. Explanation III.–Where any land is held by two or more persons jointly as tenants, all such persons shall, if any one of them cultivated and continues to cultivate such land personally and if the other conditions specified in this section are fulflled, be deemed to be protected tenants in respect of such land. 3A. Every tenant shall from the eighth day of November, 1947 be deemed to be a protected tenant for the purposes of this Act and his rights as such protected tenant shall be recorded in the Record of Rights unless his landlord has prior to the aforesaid date made an application to the Mamlatdar for declaration that the tenant is not a protected tenant. Tenants on expiry of one year from coming into force of Bom. XXVI of 1946 to be deemed protected tenants. Explanation.–A person shall not be deemed to be a protected tenant if such person has been on an application made by the owner of the land as provided in section 3A of the Bombay Tenancy Act, 1939, declared by a competent authority not to be a protected tenant. Year 1 No. 2 Short title 3 Extent of repeal 4 4. (1) Every tenant shall be deemed to be protected tenant for the purposes of this Act, if he – Tenants evicted after 1st April 1937 to be deemed protected tenants. (a) held any land and cultivated it personally continuously for a period of not less than six years immediately preceding the 1st day of April, 1937 and was evicted from such land on or after such date otherwise than by order of a competent authority on any of the grounds specified in section 14 of this Act, or (b) held any land and cultivated it personally continuously for a period of not less than six years immediately preceding the first day of April, 1944 and was evicted from such land on or after such date otherwise than by order of a competent authority on any of the grounds specified in section 14 of this Act : Provided that any tenant who had been evicted from the land in consequence of his failure to tender the rent referred to in section 9 of the Bombay Small Holders Relief Act, 1938, as provided therein, snall not be deemed to be a protected tenant for the purpose of this Act, unless he had paid to the landlord such rent in cases falling under clause (a) within four months from the date on which this section came into force in the area in which the land is situated and in cases falling under clause (b) within six months from the eighth day of November, 1946. Bom. VIII of 1938. (2) A person who is deemed to be a protected tenant under sub-section (1) shall, if he had intimated in writing to the landlord in cases falling under clause (a) of sub-section (1) within one year after the coming into force of this section in the area in which the land is situated and in cases falling under clause (b) of sub-section (1) within one year after the eighth day of November 1946, that he is willing to hold the land on the same terms and conditions on which he held it at the time when he was evicted be entitled to recover possession of the land– (a) in cases falling under clause (a) of sub-section (1)– (i) if the land has been leased out by the landlord for a period expiring after the 31st day of May immediately following the date of the coming into force of this section in the area in which the land is situated, from the date on which such lease expires; and (ii) in other cases, from the 1st day of June immediately following the date of the coming into force of this section in the area in which the land is situated; (b) in cases falling under clause (b) of sub-section (1)– (i) if the land has been leased out by the landlord for a period expiring after 31st day of May from the date on which such lease expires ; (ii) in other cases from the 1st day of June 1947 and on so recovering possession, he shall subject to the provisions of this Act, hold the land on the said terms and conditions. (3) The provisions of this section shall not apply in cases where the landlord is using the land for any of the purpose mentioned in sub-section (1) of section 34 of this Act. 1[SCHEDULE II (See sections 10A and 90) Year 1 No. 2 Short title 3 Extent of amendment 4 1879 V The Bombay Land Revenue Code, 1879. 2[(1A) In section 80, for the words 'through nonpayment by the occupant of the land revenue due on account thereof, it shall be lawful for any person intrested to pay on behalf of such occupant', the words 'through non-payment of the land revenue due on account thereof by the person primarily liable for payment of it, it shall be lawful for any person interested to pay on behalf of such person' shall be substituted]. 1. These Schedules were inserted by Bom. 13 of 1956, s. 51. 2. This entry was inserted by Bom. 63 of 1958, s. 19. Section 83 and 84 act to apply to certain tenancies.