BOMBAY TENANCY ACT, 1939

S.1 Short title, extent and commencement

(1) This Act may be called the Bombay tenancy Act, 1939.

[(2) This section extends to the whole of the Province of Bombay except the city of Bombay. The Provincial Government may by Notification in the official Gazette, extend all or any of the provisions of this Act to such area other than the City of Bombay as may be specified in the Notification.

(3) This section shall come into force at once. The Provincial Government may by notification in the official Gazette, direct that all or any of the remaining provisions of this Act shall come into operation in any area to which the said provisions have been extended under Sub sec. (2) on such date as may be prescribed in the Notification.] *

* . Substituted by Amending Act 1941.

S.2 Definitions

In this Act unless there is any thing repugnant in the subject or context,

• (1) "Agriculture" includes horticulture, the raising of the crops or garden produce, dairy farming, poultry farming, stock breeding and grazing but does not include cutting * of wood only.
• (2) "Co-operative Society" means a Society registered under the provisions of the Bombay Co-operative Societies Act 1925 or a Society deemed to have been registered under the said Act.
• (3) "Improvement" means with reference to any land, any work which adds to the value of the land and which is suitable thereto as also consistent with the purpose for which it is held and includes:
  • (a) The construction of tanks, wells, water channels, embankments and other works for storage supply or distribution of water for agricultural purposes.
  • (b) The construction of works for drainage of land or for the protection of land from floods or from erosion or other damage from water.
  • (c) The reclaiming, clearing, enclosing, levelling or terracing of, land.
  • (d) The creation of building on the land, required for the convenient or profitable use of such land for agricultural purposes and
  • (e) The renewal or reconstruction of any of the foregoing works or alterations therein or additions thereto as are not of the nature of ordinary repairs but does not include such clearness, embankments, levellings enclosures, temporary wells, water channels and other works as are commonly made by the tenants in the ordinary course of agriculture,
• (4) "Land" means land which is used for agricultural purposes and includes sites of farm buildings appurtenant thereto,
• (5) "Mamlatdars" includes a Mahalkari and any other officer whom the Provincial Government may appoint to perform the duties of a Mamlatdar under the Act.
• (6) "Person" includes an undivided Hindu family.
• (7) "Prescribed" means prescribed by rules made under, this Act.
• (8) "Profits of Agriculture" means surplus remaining with the cultivator after the expenses of cultivation including wages of the cultivator working on the land are deducted from the gross produces.
• (9) "Reasonable rent" means the rent determined under section (12).
• (10) "Rent" means any consideration, in money or in, kind of both paid or payable by a tenant oh account of the use or occupation of the land held by him but shall not include the rendering of any personal service.
• [(10A) "To cultivate" means to carry on any agricultural operation.] *
• (11) "To cultivate personally" means to cultivate on one's own account:
  • (1) By one's own labour or
  • (2) By the labour of any member of one's family or
  • (3) [By servants on Wages payable in cash of kind but not in crop share of by] *1 hired labour under one's personal supervision or the personal supervision of any member of one's family.

  Explanation I: A tenant who is a widow or a minor or is subject to any physical or mental disability shall be deemed to cultivate personally if it is cultivated by her or his servants or by hired labour.

  Explanation II: In the case of an undivided Hindu family the land shall be deemed to have been cultivated personally if it is cultivated by any member of such family.

• (12) "Year" means the year ending on 31st. March or on such date as the Provincial Government may by a Notification appoint for any locality.
• (13) words and expressions used in this Act but not defined shall have the meaning assigned to them in Bombay Land Revenue Code 1879.

* . The word "grass" was omitted by Amending Act 1946.

* . This definition, has been added by Amending Act 1946.

* 1. These words were substituted by Amending Act 1946.

S.2A Tenants

[(1) A person lawfully cultivating any land belonging to another person shall deemed to be a tenant if such land is not cultivated personally by the owner and if such person is not--

• (a) a member of the owner's family, or
• (b) a servant on wages payable in cash or kind but not in crop share or a hired labourer cultivating the land under the personal supervision of the owner or any member of the owner's family.

unless the owner has with in one year of the coming into force of the Bombay Tenancy (Amendment) Act, 1946 made an application to the Mamlatdar with in whose jurisdiction the land is situated for a declaration that the person is not a tenant.

(2) Where an application under sub-section (I) has been made and the Mamlatdar refuses to make such declaration and the Mamlatdar's decision is not set aside by the Collector in appeal under sub section (3) of section 13 or by the Provincial Government under section 28, the person shall be deemed to be a tenant for the purposes of this Act.] *

* . This chapter is added by Amending Act 1946.

S.3 Protected Tenants

A tenant shall be deemed to be a protected Tenant in respect of any and if

• (a) [he has held such land continuously for a period of not less than six years immediately proceeding either.
  • (i) the first day of January 1938 or
  • (ii) the first day of January 1945 and] *1
• (b) 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 1st day of January 1945 as the case may be] *1 came to hold the same by inheritance or succession from another person or if he has held such land as tenant and is heir to such other person, the period during which other peron 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 1st day of January 1933 or the 1st day of January 1945 as the case may be] *1 held as a tenant at any time with in 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 fulfilled be deemed to be protected tenants in respect of such land.

*1 ; These words ware added by the Amending Act 1946.

S.3A Tenants on expiry of one year from coming into force of the Bombay Amending Act 1946 to be deemed protected Tenants

(1) Every tenant shall, on the expire of one year Iron (the date of the coming into force of the Bombay Tenancy Amendment Act of 1946) be deemed to be a protected tenant for the purposes of this Act and his right. as such protected tenant shall be recorded in the Record of Rights, unless his landlord has with in the said period. made an application to the Mamlatdar with in whose jurisdiction the land is situated for a declaration that the tenant is not a protected tenant.

(2) Where an application under sub-section (1) has been made and the Mamlatdar refuses to make such declaration and the Mamlatdar's decision is not set aside by the Collector in appeal under sub-section (3) of Section (13) or by the Provincial Government under Sec. 28, the tenant shall 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] *

* . This section was added by the Amending Act, 1946.

S.4 Tenants evicted after 1st of April 1937 To be deomed protected tenants

[(1) Every Tenant shall be deemed to be a protected tenant for the purposes of this Act, if be-

• (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 Court on any grounds specified in Sub-Sec. 2 of Sec. 5. 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 the order of a competent court on any of the grounds specified in sub-section 2 of Sec. 5] *1

Provided that any tenant who has been evicted from the land in consequence of failure to tender the rent referred to in Sec. 9 of the Bombay Small Holders Relief Act, (1938), as provided therein, shall not be deemed to be a protected tenant unless he pays to the landlord such rent [in cases falling under clause (a) ] *2 with in: four month from the date on which this section comes into force in the area in which the land is situated [and in cases falling under clause (b) with in six months from the date on which the Bombay Tenancy [Amendment] Act, 1946, comes into force] *2

(2) A person who is deemed to be a protected tenant under sub-section (I) shall if he intimates to the landlord [in cases, falling under Clause (a) of Sub-section (1) ] *2 with in one year after the coming into force of this section in the area in which the land is situated *2 and [in cases falling under clause (b) of sub-section (1) with in one year after the coming into force of the Bombay Tenancy [Amendment] Act, 1946] *2 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 the 31st day of May immediately following the date of the coming into force of the Bombay Tenancy (Amendment) Act 1946, from the date on which the lease expires; and
  • (ii) in other cases from the first day of June immediately following the date of the coming into force of the Bombay Tenancy (Amendment) Act, 1946.] *

  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 lands for any of the purposes mentioned in sub section (1) of Section 7.

  *1 . This paragraph was substituted for the old one by the Amending Act 1946.

  *2 These words have been added by the Amending Act of 1946.

  * . Substituted by the Bombay Amending Act 1946.

S.5 Rights and liabilities of a protected Tenant

(1) The rent payable by a protected tenant shall be the rent agreed upon between such tenant and his landlord or in absence of any such an agreement the rent payable according to the usage of locality or if there is no such agreement or usage or where there is a dispute as regards the reasonableness of the rent payable according to such agreement or usage, the reasonable rent.

(2) Notwithstanding any agreement, usage, decree or order of a court of law the tenancy of any land held by a protected tenant as such tenant shall not be terminated unless such tenant,

• (a) [has failed] * to pay the arrears of rent due, if any, [in cases falling under sub-clause. (1) of Clause (a) of Section 3 ] *1 for the year ending 31st day of March of the year immediately preceding the year in which this section comes into force in the area in which the land is situated, with in four months from the date of the coming into force of this section in such area and [in cases falling under sub-clause (ii) of the said clause for the year immediately preceding the year in which the Bombay Tenancy Amendment Act 1946, cones into force, with in six months from the date of the coming into force of the said Act; ] *1 .
• (b) [has failed] * to pay in any year [subsequent to the year referred to in clause (a) applicable to his case] *1 with in fifteen days from the day fixed for the payment of the last instalment of land revenue in accordance with the rules made under the Bombay Land Revenue Code 1879, for that year the rent of such land for that year or if an application for the determination of reasonable rent is pending before the Mamlatdar or the First Class Sub-Judge under Sec. 12 has; failed to deposit with in fifteen days the afore-said date with the Mamlatdar or the first Class Sub-Judge as the case may be, a sum equal to the amount of rent which he would have been liable to pay for that year if no such application had been made and in case the reasonable rent determined under Section 12 is higher than the sum deposited by him, [has failed] + to pay the balance due from him with in two months, from the date of the decision of the Mamlatdar or the First Class Sub-Judge as the case may be;
• (c) has done any, act which is destructive or permanently injurious to the land.
• [(cc) has subdivided the land] *
• (d) has sublet; the land or fails to cultivate it personally or
• (e) has used such land for a purpose other than agriculture.

(3) Notwithstanding anything contained in sub-section (2) the Tenancy of any land held a minor who is a protected tenant, shall not be liable to be terminated under the said subsection only on the ground that such land has been sub-let on behalf of the said minor.

* . These word "fails" the words "has failed" have been substituted for the words by the Amending Act of 1946.

*1 . These words have been added by the Amending Act, 1946.

* . This clause (cc) has been added by the Amending Act, 1946.

+ . Substituted for the words "fails" by Amending Act of 1946.

S.6 Protected tenants responsible for maintenance of boundary marks

Notwithstanding anything contained in Sec. 123 of the Bombay Land Revenue Code, 1879, the responsibility for the maintenance and good repair of the boundary marks of the land held by a protected tenant and any charges reasonably incurred on account of service by revenue officers in case of alteration, removal or disrepair of such boundary marks, shall be upon the protected tenant.

S.7 Landlord's right to determine protected tenancy

* (1) Notwithstanding anything contained in Sec. 5, a land-lord may terminate the tenancy of the protected tenant by giving him one year's notice in writing stating therein the reasons for such termination if the landlord bonafide requires the land for any of the following purposes, namely:--

• (a) for cultivating personally; or
• (b) for any non-agricultural purpose.

(2) If after the landlord take possession of land after the termination of the tenancy under sub-section (1), he fails to use it for any of the purposes mentioned in subsection (1) with in one year from the date on which he took possession or ceases to use it at any time for any of the aforesaid purposes with in 12 years from the date on which he took such possession the landlord shall (froth with) 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 ten-ant has failed to accept the offer with in three months of the receipt thereof.

(2A) Where a landlord intends to lease out any land, he shall first offer in writing the tenancy of such land to the protected tenants whose tenancies have been terminated by him under sub-section (1) and forthwith give possession of the land to any one of them who with in three months of communication of the offer to him expresses his willingness to accept the tenancy whether at an agreed rent or subject to the determination of the rent under section 12.

(3) If a landlord after taking possession, of the land after termination of the tenancy under sub-sec. (1) on the ground that he requires it for the purpose of personal cultivation, dies leaving as his heir a widow or a minor or a person who is subject to mental or physical disability, such heir shall be deemed to cultivate the land personally, if such land is cultivated by her or his servants or by hired labour.

(4) After the tenant has recovered possession under subsection (2) shall subject to the provisions of this Act hold such land on the same conditions and terms on which he held it at the time his tenancy was terminated.

(5) If at any time the tenant makes an application under Sec. 13 to the Mamlatdar and satisfies him that the landlord has failed to comply with in a reasonable time with the provisions of sub-sec. (2) or (2A) as the case may be, 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 sub-sec. (2) or (2A), as the case may be:

Provided that no compensation shall be awarded under this sub-section to a tenant whose tenancy was terminated under a decree or order of a competent Court if such Court has recorded a finding at the time of the passing of such decree or order that the land was required bona-fide by the landlord for any of the purposes mentioned in sub-sec. (1)

Explanation I:-In cases falling under clause (a) of sub-section. (1) of Sec. 4 any notice given before the commencement of this Act and in cases falling under clause (b) thereof any notice given before the commencement of the Bombay Tenancy (Amendment). Act, 1946, for the termination of the tenancy of a protected tenant, shall not be deemed to be a valid notice for the purposes of sub-section (1).

Explanation II.-- For the purposes, of this section a tenant shall include his heir as specified in sub-section (3) of section 9.]

* . The whole sec. 7 was substituted for the old sub-sec. 7 by the Amending Act, 1946.

S.8 Compensation for improvement made by protected tenant

(1) A protected tenant who has made an improvement of the land held by him as such tenant before the notice to terminate the tenancy is given to him shall [before eviction] * be entitled to compensation for such improvement.

(2) The compensation to which the protected tenant shall be entitled under Sub-section (1) shall be the estimated value at the time of eviction of such improvement. In estimating such value regard shall be paid to--

• (a) the amount by which the value is increased by such improvement;
• (b) the present condition of the improvement and the probable duration of its effects;
• (c) the labour and the capital provided or spent by the tenant for making the improvement; and
• (d) any reduction of remission of rent or other advantage allowed to the tenant by the landlord in consideration of the improvement.

* . These words were substituted for the words "on eviction" by the Amending Act of 1946.

S.9 Continuation of tenancy on the death of a protected tenant

(1) If a protected tenant dies the landlord shall continue the tenancy on the same terms and conditions on which such protected tenant was holding it at the time of his death to such one of his heirs who with in four months of the death of such tenant, gives notice in writing to the landlord that he is willing to hold the land on such terms and conditions.

(2) If the notice referred to in sub-section (1) is given by two or more heirs of the deceased tenant, the landlord shall continue the tenancy to such one of those heirs as is selected by all the heirs by an agreement amongst them-selves and communicated to the landlord in writing with in (six) *1 months from the death of such tenant, or if no such agreement is communicated to the landlord with in such time, to such heir as the Collector after consultation with the landlord may select.

(3) The lineal male descendants of a protected tenant or his adopted son or in absence of any lineal male descendant or an adopted son, his widow shall be deemed to be his heirs for the purposes of this section.

(4) Where any land is held by more than one protected tenant jointly the tenancy of such land shall, on the death of any one of such protected tenants, be continued, subject to the provisions of the Act, to the surviving protected tenant or tenants and the heirs of the deceased tenant determined in the manner provided in sub-section (2) as the case may be.

*1 . Word "six" was put in place "Four" by the Amending Act 1946.

S.10 Sub-division not to be recognised

[No sub-division of land held by a protected tenant shall be recognised and any such sub-division shall make the tenancy liable to termination] 1

1 . Substituted by the Amending Act, 1946.

S.11 Bar to seizure, attachment and sale by Process of court

The Rights conferred on: a protected tenant by this Act shall not be liable to seizure, attachment or sale by process of any court and it shall not be lawful to mortgage, charge, lease, or alienate any such rights.

S.12 Enquiries as regards reasonable rent

(1) For the determination of the reasonable rent of any land held by a protected tenant as such tenant the protected tenant or his landlord may apply in writing to the Mamlatdar whose jurisdiction such land is situated Such application shall be in such form as may be prescribed.

(2) On the receipt of an application under sub-section (1) the Mamlatdar shall give notices to the landlord or to the protected tenant as the case may be and after holding a formal inquiry in the manner provided by the Bombay Land Revenue Code; 1879, shall determine the reasonable rent of the land.

(3) Any party aggrieved by the decision of the Mamlatdar under sub--section (2) may, with in two months from such decision, file an appeal before the First Class Sub-Judge, with in whose jurisdiction the land is situated, (4) The Subordinate judge in appeal may for reasons to be recorded in writing annul, reverse, modify or confirm the decision of a Mamlatdar or he may direct further enquiry to be made on any point or take additional evidence as he may think necessary.

(5) In determining the reasonable rent regard shall, subject to the provision of Section 15, be had to the following factors-

• (a) the rental values of lands used for similar purposes in the locality;
• (b) the profit of agriculture of similar land in the locality;
• (c) the. prices of crops and. commodities in the locality;
• (d) the improvements made in the land by the landlord;
• (e) the assessment payable in respect of the land and.
• (f) such other factors as may be prescribed.

(6) The Mamlatdar and the Subordinate judge in proceeding under the section shall have the same powers as are vested in courts in respect of the following matters under the Code of Civil Procedure, 1908, in trying a suit, namely:--

• (a) proof of facts by affidavit,
• (b) summoning and enforcing the attendance of any person and examining him on oath and
• (c) compelling the production of documents. The Mamlatdar and the Subordinate judge may have also such other powers as may be prescribed.

(7) The Mamlatdar or the First Class Subordinate Judge may award costs in any proceedings under this section and such order shall be deemed to be a decree of a Civil Court and shall be executed as such.

(8) A protected tenant may at any time during the pendency of proceedings. under this section deposit with the Mamlatdar or First Class Subordinate Judge as the case may be, a sum equal to the amount of rent which, if no proceedings had been instituted under this section he would have been liable to pay in respect of the land of which the reasonable rent is to be determined. On the completion of proceedings, the Mamlatdar or the First Class Subordinate Judge shall direct that the amount so deposited or such part of it as is equal to the amount determined as reasonable rent under this section shall be paid to the landlord and shall make such other Order as may be necessary.

(9) Every order passed by the Mamlatdar. under this [Section] *1 , if not appealed against and every order passed by the First Class Sub-Judge in appeal competent to. pass such orders, shall hold good for a period of five years and shall not be called in question in any Court during that period: Provided that the Mamlatdar or the First Class Subordinate Judge, as the case may be, may during the said period of five years--

• (i) reduce the rent if on application made to him by a tenant he is satisfied that on account of deterioration of land by floods or other cause beyond the control of the tenant the land has been wholly or partially rendered unfit for the purpose of cultivation, or
• (ii) enhance the rent if on an application made to him by a landlord he is satisfied that on account of any improvement made in the land by or at the expense of the landlord the produce of the land is increased.

(10) Notwithstanding anything contained in the Court Fees Act, 1870, every application under this Act to the Mamlatdar and every appeal to the First Class Subordinate Judge shall bear a Court-fee stamp of such value as may be prescribed.

(11) Any party to proceedings tinder this section may appear by any person authorised in writing to act on his behalf.

*1 . This word was substituted for the word "Act" by the Amending Act 1946.

S.13 Application for declaration, direction and compensation

* [(1) An application

• (a) for a declaration under Section 2A that the person cultivating any land is not a tenant;
• (b) for a declaration under section 3a that a tenant is not a protected tenant;
• (c) for a direction for obtaining possession of land under Sub-section (5) of section 7;
• (d) for award of compensation under Sub-section (5) of section 7;
• (e) for determining under section 8 compensation for improvements made to a land, shall be made to the Mamlatdar in whose jurisdiction the land is situated. Such application shall be made in such form as may be prescribed.

(2) On receipt of such application the Mamlatdar shall hold an inquiry and shall either make or refuse to make the declaration as specified in clause (a) or (b), as the case may be, make the direction as specified in clause (c), award compensation if any, payable to the tenant as specified an. clause (d) or determine the compensation payable to the tenant as specified in clause (e) as the case may be, after following as far as is practicable, the procedure prescribed in section 12.

(2a) The Mamlatdar shall record his decision, under sub-section (2)] *

(3) Any person aggrieved by any order passed by the Mamlatdar under Sub-section (2) may appeal to the Collector with in two months from the date of such order.

(4) The order of the, Mamlatdar under sub-section (2) shall, subject to an appeal to the Collector under sub-section (3) and the provision of section 28 be, final. The order of the Collector shall, subject to the provisions of section 28, also be final.

(5) Any order passed by the Mamlatdar under sub-section (2) of by the Collector under sub-section (3)-shall be deemed to be a decree of a Civil Court and shall be executable as such.

* . These sub-sections (1) (2) q. 2 A were substituted by the Amending Act 1946.

* . for original sub-section 1 and 2 these new sub-sections (1) (2) and 2A have been substituted by the Amending Act of 1946.

S.13a Sections 5, 6, 10, and 11 to apply to all tenants

The provisions of Sections 5, 6, 10 and 11 shall apply to all tenants.] *1

*1 . Section 13A was added by the Amending Act of 1946.

S.14 A Determination of reasonable rent

[(1) The rent payable by a tenant other than a protected tenant shall be the rent agreed upon between such tenant and his landlord. Where there is a dispute as regards the reasonableness of the rent payable according to such agreement, the rent payable shall be reasonable rent determined under sub-section (2).

(2) For the determination of reasonable rent under sub-section (1) either the tenant or the landlord may apply in writing to the Mamlatdar with in whose jurisdiction the land is situated. Such application shall be in such form as may be prescribed. Thereupon the provisions contained in sub-sections (2) to (11) of section 12 shall, so for as may be, apply.] *

* . 1 This Section has been added by the Amending Act, 1946.

S.15 Power of Govt. to fix maximum rate of rent

(1) The Provincial Government may from time to time by notification in the Official Gazette fix the maximum rate of rent payable by tenants for lands. situated in such areas as may be specified in the notification. [Provided that the maximum rate of rent shall not exceed in the case of irrigated lands one-fourth and in the case of other lands one-third of the crop or its value determined in the prescribed manner.] *1

(2) Notwithstanding any agreement, usage, decree, or order of a court, a landlord shall not be entitled to recover rent from any tenant for any land in such area at a rate exceeding the rates fixed for such land in such area in such notification

(3) Every such notification shall be placed before each Chamber of the Provincial Legislature and shall be liable to be rescinded or modified by a resolution passed in which each of the said Chambers concurs during the next following session.

*1 . This proviso has been added by the Amending Act, 1946.

S.15a Commutation of crop share into cash

[(1) The Provincial Government may from time to time, by notification in the Official Gazette declare that the rent payable wholly or partly as a crop-share in any area to which the notification applies shall with effect from a date specified in the notification, which shall not be earlier than six months from the date of the notification, be commuted into cash in the manner prescribed.

(2) Notwithstanding anything contained in any agreement usage, decree or order of a Court or any orders of the Provincial Government under Section 15, no landlord in any area in respect of which notification has been issued under sub-section (1), shall recover any rent by way of crop-share or in excess of the commuted cash rent after the date specified in such notification under sub-section (1).

(3) If any landlord recovers any rent byway of crop-share or in excess of the commuted cash rent, he shall, on conviction be punishable with fine which may extend to Rs. 1000/-.

(4) Every notification under Sub-section (1). shall be placed before each Chamber of the Provincial Legislature and shall be liable to be rescinded or modified by a resolution passed during the next following session by both Chambers.] *

* . section 15A has been added by the Amending Act, 1946.

S.16 Suspensions or remissions of rent

(1) Notwithstanding anything contained in section 84(a) of the Bombay Land Revenue Code, 1879, whenever from any cause, payment of the whole land revenue payable to Government by a landlord in respect of any land is suspended or remitted, the landlord shall suspend or remit, as the case may be, the payment to him of the rent of such land by his tenant. If in the case of such land, the land revenue is partially suspended or remitted, the landlord shall suspend or remit the rent payable by the tenant of such land in the same proportion:

Provided that the landlord shall not be bound to suspend or remit the rent or portion thereof which is payable in the form of a share of the crop.

(2) If no land revenue is payable to Government is respect of such land and if from any cause, the payment of the whole or any part of the land revenue payable to Govt. in respect of any other land in the neighbourhood of such land has been suspended or remitted, the Collector shall, subject to the general or special orders of Government, in the manner provided in sub section (1) suspend or remit, as the case may be, the payment to the landlord of the rent or part of it due in respect of such land.

(3) No application for assistance under sections 86 and 87 of the Bombay Revenue Code, 1879 shall be entertained, no suit shall lie and no decree of a Civil Court shall be executed for recovery by landlord of any rent, the payment of which has been remitted or during the period for which the payment of such rent has been suspended under this section. The period during which the payment of rent is suspended under this section shall be excluded in computing the period of limitation prescribed for any suit or proceeding for the recovery of such rent.

(4) Notwithstanding anything contained in Secs. 86 and 87 of the Bombay Land Revenue Code, 1879, the Collector shall, in passing an order under Sub-section (2) of section 87 of the said Code, for rendering assistance to the landlord allow to the tenant a set off for the sum, if any, paid by such tenant to the landlord in excess of the amount of rent due from him after deducting the amount required to be remitted under sub-section (1) or sub-section (2) of this Act or under section 84A of the said code. The set off under this sub-section shall be allowed only in respect of the sums paid by such tenant to such landlord during a period of three years immediately preceding the date of the application made under sub-section 86 of the said Code.

S.16A Sub-letting of lands by or on behalf of persons in Military, Naval and Air service not to teaminate tenancy

Notwithstanding, anything contained in this Act or any other law for the time being in force or any agreement or usage, the tenancy of any land leased to and held by a person in the military naval, or air service of the Crown/shall not be liable to be terminated on the ground only that the land has been sub-let by or on behalf of the said person.] *1

*1 . Section 16A is a new section added by the Amending Act XXVII of 1942.

S.17 Bar to to eviction Irom Dwelling house

(1) If [in any village] *1 a tenant is in occupation of a dwelling house built at the expense of such tenant or his predecessor in title on a site belonging to his landlord, such tenant shall not be evicted from such dwelling house (with the materials and the site thereof and the land immediately appurtenant there to and necessary for its enjoyment) unless.--

• (a) the landlord proves that the dwelling house was not built at the expense of such tenant or his predecessor-in-title, and
• (b) such tenant makes a default in payment of rent if any, which he has been paying for the use and occupation of such site.

(2) The provisions of subsection (1) shall not apply to a dwelling house which is situated on any land used for the purposes of agriculture from which he has been evicted under Sub-section 1 of section 7.

*1 . The words "in any village" have been substituted in place of "in any alienated Village or village held on Khoti or "Talukdari Tenure" by the Amending Act 1946.

S.18 Tenant to be given first option of purchasing site on which he has built a dwelling house

(1) If a landlord to whom the site referred to in section 17 belongs intends to sell such site, the tenant at the expense of whom or whose predecessor-in-title, a dwelling house is built thereon, shall be given in the manner provided in sub-section (2) the first option of purchasing the site at a value determined by the Mamlatdar in the manner provided herein.

(2) The landlord intending to sell such site shall give, notice in writing to the tenant requiring him to state with in 3 months from the date of such notice whether he is willing the purchase the site.

(3) If with in the period of 3 months so specified the tenant intimates in writing to the landlord that he is willing to purchase the site, the landlord shall make an application to the Mamlatdar for the determination of the value of the site. On the receipt of such application the Mamlatdar after giving notice to tenant and after holding a formal enquiry, shall determine the value of the site. The determination by the Mamlatdar of the amount of the value of such site shall' subject to the provisions of section 28, be final. The Mamlatdar may, by an order In writing, require the tenant to deposit such amount with in three months from date of such order. On the deposit of such amount the site shall be deemed to have been transferred to the tenant and the amount deposited shall be paid to the landlord. The Mamlatdar shall, on payment of the prescribed fees, grant a certificate in the prescribed form to such tenant specifying therein the site so transferred and the name of such tenant.

(4) If the tenant fails to intimate his willingness to purchase the site with in the time specified in sub-section (2) or fails to deposit the amount of the value with in the time specified in sub-section (3), the tenant shall be deemed to have relinquished his right of first option to purchase the site and the landlord shall then be entitled to evict the tenant on payment of such compensation for the value of the structure of such dwelling house as may be determined by the Mamlatdar after holding an inquiry in the manner provided in sub- section (3). The decision of the Mamlatdar as regards the amount of compensation under this section shall, subject to provision of section 28, be final.

(5) Any sale of a site held in contravention of this section shall be null and void.

S.19 Tenants' rights to trees planted by him

[1) If a protected tenant or any other tenant has [ before the date of the coming into force of this section in the area in which the land leased to him is situated, planted or there after plants any trees on such land] *1 he shall be entitled to the produce and the wood of such trees during the continuance of such tenancy and shall on the termination of such tenancy be entitled to such compensation for the said trees as may be determined by the Mamlatdar after holding an enquiry in the manner provided by subsection (3) of section 18.

[xx xx xx xx xx xx ] *2

Provided *3 that a tenant shall not be entitled to compensation under this sub-section if the tenancy is terminated by surrender on the part of the tenant.

further that the landlord shall, during the continuance of the tenancy, be entitled to the rent of the land as if the trees had not been planted. ] *1

(2) Any person aggrieved by the decision of the Mamlatdar under sub-section (1) may appeal to the Collector with in two months from the date of such decision.

(3) The order of the Mamlatdar under sub-section (1) shall, subject to an appeal to the Collector under sub-section (2) and the provisions of section 28, be final.

(4) The order of the Collector under sub -section (2) shall subject to the provisions of section 28, be also final.

(5)' Any order passed by the Mamlatdar under sub-section (1) or by the Collector under sub-section (2) shall be deemed to be a decree of a civil court and shall be executable as such.

*1 . Added by Amending Act of 1941.

*2 . Old proviso omitted by Amending Act, 1946.

*3 . word further emmitted by Act, of 1946.

*1 . New proviso added by the Amending Act, 1946.

S.20 Relief against termination of tenancy for non-payment of rent

[Where any tenancy of any land held, by any tenant is terminated for non-payment of rent and the; landlord sues or files any proceeding to eject the tenant, the court shall call upon the tenant to tender to the landlord the rent in arrears together with the cost of the suit or proceeding or to give such security as it thinks fit for making such payment with in 15 days; and if the tenant complies with such direction with in 15 days, the court shall, in lieu of making a decree or passing an order for ejectment pass an order directing that the tenancy had not been terminated; and thereupon the tenant shall hold the land as if the tenancy had not been terminated:

Provided nothing in this section shall apply to any tenant whose tenancy is terminated for non-payment of rent if he has; failed for any three years to pay rent with in the period specified in clause (b) of sub-section (2) of section 5.] *

* . This section has been recast by the Amending Act of 1946.

S.21 Relief against termination of tenancy in certain cases

Where any tenancy of any land held by any tenant is terminated on the ground that tenant has done any act which is destructive or permanently injurious to the land, no suit or proceeding for ejectment against such tenant shall lies unless and untill the landlord has served on the tenant a notice in writing specifying the act of destruction or injury, complained of and the tenant fails with in a period of one year from the service of notice to restore the land to the condition in which it was before such destruction or injury.

S.22 Receipts for rent

(1) In the absence of an express intimation in writing to the contrary, every payment made by a tenant to the landlord shall be presumed to be a payment on account of rent due by such tenant for the year in which the payment is made.

(2) Every landlord shall give a written receipt for the amount of rent received by him in respect of any land in such form and in such manner as may be prescribed.

(3) Any person who fails to give a written receipt for the amount of rent received by him shall on conviction be punishable with a fine which may extend to Rs. 100/-.

S.23 No lease to be granted for less than 10 years and every lease to be for 10 years

[(1) (a) No lease of any land situated In any area in which this section comes into force, made after the date of the coming into force of this section in such area, shall be for a period of less than 10 years; and

(b) every lease subsisting on the said date or made after the--said date in respect of any land in such area shall be deemed to be for a period of not less than 10 years.

(2) Notwithstanding any agreement, usage, or law to the contrary, ho such lease as is specified in clause (b) of subsection (1) shall be terminated before the expiry of a period of 10 years only on the ground that the period of the lease has expired:

Provided that any such lease as is specified in clause (b) of sub-section (1) maybe terminated by a tenant before the expiry of a period of 10 years by surrendering the lease.

(3) Any landlord who contravenes the provisions of subsection (1) or (2) shall on conviction be punishable with a fine which may extend to Rs. 1000/-] *1

*1 . This section has been substituted for the old section by the Amending Act of 1946.

S.24 Procedure for taking possession

(1)A [tenant] *1 entitled to possession of any land or dwelling house under any of the provisions of this Act, may apply in writing for such possession to the Mamlatdar in whose jurisdiction such land or dwelling house is situated. The application shall be made in such form as may be prescribed.

(1A) No landlord shall obtain possession of any land held by a tenant except an Order under of the Mamlatdar. For obtaing such order he shall make an application in the prescribed form.] *2

(2) On receipt of application under sub-section (1) or (1A) the Mamlatdar shall, after holding an inquiry; in the prescribed manner, pass such order thereon as he deems fit.

(3) An appeal shall lie to the Collector against an order passed by the Mamlatdar under sub-section (2) with in two months from the date of such Order.

(4) Subject to the provisions of section 28, every order passed by the Mamlatdar under sub-section (2) unless modified or revised by the Collector on appeal under sub-section (3), and every order passed by the Collector under sub-section (3), shall be final.

(5) Every order passed by the Mamlatdar under subsection (2) and every order passed by the Collector under sub-section (3) shall be deemed to be a decree of a civil court and shall be executable as such.

*1 . The word "tenant" was substituted for the word "person" by the Amending Act

*2 This sub-section. (1A) has been added by the Amending Act, 1946.

S.25 Act not to apply to certain lands

Nothing in this Act shall apply to lands--

• (1) held on lease from the Crown or a co-operative society or
• (2) held on lease for the benefit or an industrial or commercial undertaking.

S.26 Act not to affect rights, privileges under any other law

[No pro-vision contained in this Act] *1 [ x x x x ] *2 shall be construed to limit or abridge the rights or privileges of any tenant under any usage or law for the time being in force or arising-out of any contract, grant, decree, or order of a court or otherwise howsoever.

*1 . These words were put in by Amending Act of 1942.

*2 The words "except the proviso to Section 23" were, omitted by the Amending Act of 1946.

S.27 Rules

(1) The Provincial Government may make rules for carrying out the purposes of this Act.

[(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may pro-Vide for the following matters:--

• (a) the manner in which the crop-share payable to a landlord may be appraised;
• (b) the form of application for a declaration under sub-section (1) of section 2A;
• (e) the form of application for a declaration under sub-section (1) of section 3A that the tenant is not a protected tenant;
• (d) the value of the court fee stamp payable on an application to the Mamlatdar or an appeal to the Civil Judge (Senior Division) under section 12;
• (e) the other factors to be taken into consideration for determining reasonable rent under section 12;
• (f) the form of applications for declarations under clauses (a) and (b), for a direction under clause (c) and for award or determination of compensation under clauses (d) and (e) of sub-section (1) of section 13;
• (g) the form of application for determining reason-able rent under Sub-section (2) of section 14A.
• (h) the manner of determining the value of the crop for the purposes of the proviso to subsection (1) of section 15;
• (i) the manner of commutation of crop-share rent into cash under sub-section (i) of section 15A;
• (j) the fees to be paid for the grant of a certificate and the form of such certificate under sub-section (3) of section 18;
• (k) the manner and the form in which a receipt is to be given by the landlord under section 22;
• (L) The form of application for possession of land or dwelling house, and the manner in which the enquiry shall be held under section 24;
• (m) any other matter which is or may be prescribed under this Act.] *1

(3) Rules made under this section shall be subject to the condition, of previous publication in the Official Gazette.

*1 . Sub-section 2 substituted by the Amending Act of 1946.

S.28 Power of the provincial Government over Collectors, etc

Except in cases provided in Section 12, in all matters connnected with this Act, the Provincial Government shall have and exercise the same authority and Control over the Collectors and Mamlatdars as they have and exercise over then in the general and revenue administration.

S.28A Delegation of powers

The Provincial Government may, subject to such Delegation of powers 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 powers conferred on it by this Act ] *1

*1 . This section was inserted by the Amending Act of 1916.

S.29 Repeal of section 99 Bombay Act VIII of 1938

On the date on which [the provisions of sections 2 to 13 (both inclusive) of this Act come into force in any area] *1 section 9 of the Bombay Small Holders Relief Act; 1938, herein after referred to as the said Act, shall, notwithstanding anything contained in sub-section (3) of section (1) of the said Act, be deemed to have been repealed [ in such area: ] *2

Provided that any right, privilege, obligation or liability referred to in section 11 of the said Act, the enforcement of which was stayed by the provisions of section 9 of the said Act shall immediately on the repeal of the said section, revive and be enforceable in the same manner as is provided in the said section 11 for revival of such rights, privileges, obligations or liabilities on the expiration of the said Act, as if the said Act has expired;

Provided further that in case of persons whose such rights, privileges, obligations, or liabilities are in any manner affected by the provisions of this Act such rig is, privileges, obligations or this Act such rights, privileges, obligations or liabilities shall be enforceable in so far as the enforcement thereof is not inconsistant with the provisions of this Act.

*1 . These word are substituted by the Amending Act of 1941 and 1946.

*2 . These word are added by the Amending Act of 1946.

S.30 Amendment of Bombay Land Revenue Code

(1) In the Bombay Land Revenue Code, 1879 (1) In Section 59 after the word "granted" the words letters and figures "or Rs. 100" shall be inserted.

(2) Sections 88 to 94 shall be deleted.

S.31 Amendment of sections 6 and 9 of Khoti settlement Act 1880

In the Khoti Settlement Act 1880.

1. in section 6-

• (a) for the word "is" the word "was" shall be substituted; and:
• (b) after the word "inheritance" the words and figures, "before the passing of the Bombay Tenancy Act; 1939" shall be inserted.

2. In section 9.

• (a) for the words "dharekaries and quasi dharekaries", the words "and privileged occupants" shall be substituted; and
• (b) the words beginning with the words "Permanent tenancies" and ending with the words "exceeding one year" shall be deleted.