3

1948 : LXVII ] Maharashtra Tenancy and Agricultural Lands Act

An Act to amend the law relating to tenancies of agricultural lands and

to make certain other provisions in regard to those lands.

WHEREAS it is necessary to amend the law which governs the relations of

landlords and tenants of agricultural lands;

AND WHEREAS on account of the neglect of a landholder or disputes

between a landholder and his tenants, the cultivation of his estate has seriously
suffered, or for the purpose of improving the economic and social conditions of
peasants or ensuring the full and efficient use of land for agriculture, it is expedient
to assume management of estates held by landholders and to regulate and impose
restrictions on the transfer of agricultural lands, dwelling houses, sites and lands
appurtenant thereto belonging to or occupied by agriculturists, agricultural labourers
and artisans in the Province of Bombay and to make provisions for certain other
purposes hereinafter appearing; It is hereby enacted as follows :––

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the 1 [Maharashtra Tenancy and Agricultural Short title
Lands Act]. and extent.

(2) It extends to the 2 [Bombay area of the State of Maharashtra].

2. In this Act, unless there is anything repugnant in the subject or context,– Definitions.

3 [(1) “Agriculture” includes horticulture, the raising of crops, grass or garden

produce, 4 [the use by an agriculturist of the land held by him or a part thereof for
the grazing of his cattle, the use of any land, whether or not an appanage to rice or
paddy land, for the purpose of rab manure] but does not include allied pursuits or
the cutting of wood only;

(1A) “Agricultural labourer” means a person whose principal means of

livelihood is manual labour on land;]

(2) “Agriculturist” means a person who cultivates land personally;

1
The Short title “Bombay Tenancy and Agricultural Lands Act, 1948” was amended by
Mah. 24 of 2012, S. 2 and 3, Schedule, entry 33, with effect from the 1st May 1960.
2
These words were substituted for the words “Pre-Reorganisation State of Bombay exclud-
ing the transferred territories” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
3
Clauses (1) and (1A) were substituted for the original clause (1) by Bom. 13 of 1956, s. 2(1).
4
These words were inserted by Bom. 15 of 1957, s. 2(a).
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Maharashtra Tenancy and Agricultural Lands Act [ 1948 : LXVII

1 [(2A) “allied pursuits” means dairy farming, poultry farming, breeding of

livestock, grazing 2 [(other than the pasturage of one’s own agricultural cattle)] and
such other pursuits as may be prescribed;

(2B) “appointed day” means the 15th day of June 1955;

(2C) “backward area” means any area declared by the State Government to
be a backward area being an area in which, in the opinion of the State Government,
socially, economically and educationally backward classes of citizens predominate;
and includes an area declared to be a Scheduled area under paragraph 6 of the Fifth
Schedule to the Constitution of India;

(2D) “ceiling area” means in relation to land held by a person whether as an

owner or tenant or partly as owner and partly as tenant the area of land fixed as
ceiling area under section 5 or 7;

(2E) “Collector” includes an Assistant or Deputy Collector performing the

duties and exercising the powers of the Collector under the  Bombay Land Revenue
Code, 1879, or any other officer specially empowered by the State Government to Bom. V
perform the functions of the Collector under this Act]; of 1879.

(3) “Co-operative Society” means a society registered under the provisions of

  the Bombay Co-operative Societies Act, 1925, or a society deemed to have Bom. VII
been registered under the said Act; of 1925.

(4) “Co-operative Farming Society” means a society registered as such under Bom. VII
  the Bombay Co-operative Societies Act, 1925; of 1925.

3 [(5) “to cultivate” with its grammatical variations and cognate expressions
means to till or husband the land for the purpose of raising or improving agricultural
produce, whether by manual labour or by means of cattle or machinery, or to carry
on any agricultural operation thereon; and the expression “uncultivated” shall be
construed correspondingly.

Explanation.–– A person who takes up a contract to cut grass, or to gather

the fruits or other produce of trees on any land, shall not on that account only be
deemed to cultivate such land;]

1
Clauses (2A), (2B), (2C), (2D) and (2E) were substituted for the original clause (2A) by
Bom. 13 of 1956, s. 2(2).
2
These words and brackets were inserted by Bom. 15 of 1957, s. 2(b).
3
This clause was substituted for the original by Bom. 13 of 1956, s. 2(3).

See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).

See now the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961).
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1948 : LXVII ] Maharashtra Tenancy and Agricultural Lands Act
1 [(6) “to cultivate personally” means to cultivate land on one’s own account––
(i) by one’s own labour, or
(ii) by the labour of any member of one’s family, or
(iii) under the personal supervision of oneself or any member of one’s
family, by hired labour or by servants on wages payable in cash or kind but not in
crop share,
being land, the entire area of which––
(a) is situate within the limits of single village, or
(b) is so situated that no piece of land is separated from another by a
distance of more than five miles, or
(c) forms one compact block :
Provided that the restrictions contained in clauses (a), (b) and (c) shall not apply
to any land,––
(i) which does not exceed twice the ceiling area,
(ii) upto twice the ceiling area, if such land exceeds twice the ceiling area.
Explanation I.–– A widow or a minor, or a person who is subject to physical
or mental disability, or a serving member of the armed forces shall be deemed, to
cultivate the land personally if such land is cultivated by servants, or by hired labour,
or through tenants.
Explanation II.–– In the case of a joint family, the land shall be deemed to
have been cultivated personally if it is cultivated by any member of such family];
2      
3 [(6A) “economic holding” means in relation to land held by a person,
whether as an owner or tenant, or partly as owner and partly as tenant, the area
of land fixed as an economic holding under section 6 or 7;
(6B) “fragment” means a fragment as defined in sub-section (4) of
Bom. LXII section 2 of the  Bombay Prevention of Fragmentation and Consolidation of
of 1947. Holdings Act, 1947;]
4 [(6C) “to hold land” as an owner or tenant shall, for the purposes of
clause (2D) of this section and 5 [sections 32(1B), 32A], 32B, 6 [and 63], means
to be lawfully in actual possession of land as an owner or tenant, as the case
may be];
1
This clause was substituted for the original by Bom. 13 of 1956, s. 2(4).
2
Clause (6AA) which was inserted by Bom. 38 of 1957, s. 2(1) was deleted by Bom. 63 of
1958, s. 2.
3
Clauses (6A) and (6B) were inserted by Bom. 13 of 1956, s. 2(5).
4
Clause (6C) was inserted by Bom. 15 of 1957, s. 2(c).
5
These words, figures, letters and brackets were substituted for the word, figures and letter
“section 32A” by Mah. 49 of 1969, s. 2, Sch.
6
The word and figures “and 63” were substituted for the figures and word “34 and 35” by
Mah. 27 of 1961, s. 48, Second Schedule.

The short title of the Act has been amended as “the Maharashtra Prevention of Fragmen-
tation and Consolidation of Holdings Act” (LXII of 1947) by Mah. 24 of 2012, Section 2
and 3, Schedule, entry 29, w.e.f. 1st May 1960.
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Maharashtra Tenancy and Agricultural Lands Act [ 1948 : LXVII

(7) “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 the 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 erection of buildings 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
repair; but does not include such clearances, embankments, levelling, enclosures,
temporary wells, water channels and other works as are commonly made by the
tenants in the ordinary course of agriculture;

1 [(7A) “joint family” means an undivided Hindu family, and in the case of
other persons a group or unit the members of which are by custom joint in estate
or residence;]

2 [(8) “land” means ––

(a) land which is used for agricultural purposes 3 [or which is so used but
is left fallow, and includes the sites of farm buildings] appurtenant to such land; and

(b) for the purposes of sections 11, 16, 17, 17A, 17B, 18, 19, 20, 26, 28,
29, 29A, 30, 41, 63, 64, 64A, 84A, 84B and 84C ––

(i) the sites of dwelling houses occupied by agriculturists, agricultural

labourers or artisans and land appurtenant to such dwelling houses;

(ii) the sites of structures used by agriculturists for allied pursuits;]

(9) “Landholder” means a zamindar, jahagirdar, saranjamdar, inamdar, talukdar,

malik or a khot or any person not hereinbefore specified who is a holder of land or
who is interested in land, and whom the 4 [State] Government has declared on
account of the extent and value of the land or his interests therein to be a landholder
for the purposes of this Act;
1
Clause (7A) was added by Bom. 13 of 1956, s. 2(6).
2
This clause was substituted for the original, by Bom. 13 of 1956 s. 2(7).
3
These word were substituted for the words “and the sites of farm buildings” by Bom. 15
of 1957, s. 2(d).
4
The word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
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1948 : LXVII ] Maharashtra Tenancy and Agricultural Lands Act

1 [(9A) “landless person” means a person who, holding no land for agricultural
purposes, whether as an owner or tenant, earns his livelihood principally by manual
labour; and intends to take to the profession of agriculture and is capable of culti-
vating land personally];

(10) “Mamlatdar” includes a Mahalkari and any other officer, whom the
2 [State] Government may appoint to perform the duties of a Mamlatdar under
this Act;

3 [(10A) “permanent tenant” means a person ––

Bom. XIII (a) who immediately before the commencement of the Bombay Tenancy
of 1956. and Agricultural Lands (Amendment) Act, 1955 (hereinafter called “the Amending
Act, 1955”),––

(i) holds land as mulgenidar or mirasdar; or

(ii) by custom, agreement, or the decree or order of a Court holds the

land on lease permanently; or

(b) the commencement or duration of whose tenancy cannot satisfactorily

be proved by reason of antiquity;

and includes a tenant whose name or the name of whose predecessor-in-title

has been entered in the record of rights or in any public record or in any other
revenue record as a permanent tenant immediately before the commencement of the
Amending Act, 1955];

(11) “Person” includes 4 [a joint] 5   family;

(12) “Prescribed “ means prescribed by rules made under this Act;

(13) “Profits of Agriculture” in respect of any land means the surplus remain-
ing 6 [with the holder] after the expenses of cultivation, including the wages of the
cultivator working on the land are deducted form the gross produce;

7 [Explanation.–– If the members of the family of a holder work on the land

for the purpose of cultivation thereof, the labour of such members shall be taken into
account in estimating the expenses of cultivation referred to in this clause];
1
Clause (9A) was inserted by Bom. 13 of 1956, s. 2(8).
2
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3
Clause (10A) was added, by Bom. 13 of 1956, s. 2(9).
4
These words were substituted for the words “and undivided” by Bom. 13 of 1956, s. 2(10).
5
The word “Hindu” was deleted by Bom. 38 of 1957, s. 2(2).
6
These words were substituted for the words “with the cultivatior” by Bom. 13 of 1956,
s. 2(11)(a).
7
This Explanation was inserted, by Bom. 13 of 1956, s. 2(11)(b).
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Maharashtra Tenancy and Agricultural Lands Act [ 1948 : LXVII

(14) “Protected tenant” means person who is recognised to be a protected

tenant 1 [under section 4-A;]
2      

(16) “Rent” means any consideration, in money or kind or both, paid or

payable by a tenant on account of the use or occupation of the land held by him
but shall not include the rendering of any personal service or labour;
3 [(16A)“serving member of the armed forces” means a person in the service
of the armed forces of the Union :

Provided that if question arises whether any person is a serving member of the
armed forces of the Union, such question shall be decided by the State Government,
and its decision shall be final;

(16B) “small holder” means an agriculturists cultivating land less in area than
an economic holding who earns his livelihood principally by agriculture or by
agricultural labour;]

(17) “Tenancy” means the relationship of landlord and tenant;

4 [(18) “tenant” means a person who holds land on lease and include, ––

(a) a person who is deemed to be a tenant under section 4;

(b) a person who is a protected tenant; and

(c) a person who is a permanent tenant; and the word “landlord” shall be
construed accordingly;

(19) “Tribunal” means the Agricultural Lands Tribunal constituted under

section 67;
5 [(20) “village” means a village recognized as such in the revenue accounts;]
6 [(20A)
“warkas land” means land which is used for the purpose of rab
manure in connection with rice cultivation and is classified in the revenue record as
warkas;]

(21) Words and expressions used in this Act but not defined shall have the
Bom. V of meaning assigned to them in  the Bombay Land Revenue Code, 1879, and the
1879. Transfer of Property Act, 1882, as the case may be.
IV of 1882.

1
These words, figure and letter were substituted for the words and figures “under
section 31” by Bom. 13 of 1956, s. 2(12).
2
Clause (15) was deleted, by Bom. 13 of 1956, s. 2(13).
3
Clauses (16A) and (16B) were inserted, by Bom. 13 of 1956, s. 2(14).
4
Clause (18) was substituted for the original, by Bom. 13 of 1956, s. 2(15).
5
Clause (20) was substituted for the original, by Bom. 13 of 1956, s. 2(16).
6
Clause (20A) was inserted by Bom. 15 of 1957, s. 2(a).

See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).