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These original sections where Mamlatdar is replaced by Court of
Senior Civil Judge;
Section 7: Question of
tenancy: If any question arises whether any person is or was tenant or
should be deemed to be tenant under this Act the Mamltdar shall, after
holding an inquiry, decide such questions. In any such inquiry, the Mamlatdar
shall presume that any statement as to the existence of a right of tenancy in
a record of rights prepare in the prescribed manner under and in accordance
with the provisions of this Act, is true.
Section 7A: Question as to
nature of land. – If any question arises as to whether any land is or is
not used for agricultural purposes the Mamlatdar shall, after holding an
inquiry, decide such question.
Section 8: Bar to eviction and
restoration of possession –
(1) No tenancy of any land shall be
terminated and no person holding land as a tenant shall be liable to be
evicted there from save as provided under this act.
(2) Where any such person as is referred to in section 4 has been
evicted from the land on or after the 1st July, 1962 such person
shall be entitled to recover immediate possession of the land in the manner
prescribed by or under this Act unless the landlord proves that the
termination of tenancy was in manner authorized under section 9.
(3) Where any such person as is referred to in section 5 was evicted
from such land on or after the 9th of December, 1961 but before
the 1st of July, 1962, such person shall, in the manner prescribed
by or under this Act, be entitled to recover possession of the land if –
(i) he applies to the Mamlatdar within six months from the day of
coming into force of this Act stating that he agrees to become a tenant on
the same terms and conditions a existed before and as modified by the
provisions of this Act;
(ii) he proves that the eviction was malafied and was intended to
defeat the purpose of this Act; and (iii) he pays to the landlord the arrears
of rent, if any, due from him under the terms of his tenancy or gives
sufficient secure therefore:
Provided that where the land from which such person was evicted had
been leased by the landlord to another person for any perk after the said
date, the evicted person shall not be entitled to recover possession before
the first day of the year immediately following the year in which this Act
comes into force.
(4) Notwithstanding anything in the foregoing provision where the
Government is satisfied that a tenant has for reasons beyond this control
omitted to take step for restoration within the time prescribed therefore, it
may on its own motion, direct the Mamlatdar to entertain and dispose of an
application.
(5) Notwithstanding anything contained in the other provisions this
Act, where a person who was holding land on lease from landlord has, in cases
coming under section 4, on or after the 1st July, 1962, and in
cases coming under section 5, on or after the 19th December, 1961,
surrendered his right of tenancy to the landlord on or before the 28th
July 1964, he shall not be entitled to restoration of possession under this
Act, if such surrender was voluntary and was made before the Administrator of
the Concelho, in accordance with the rules and orders, if any, in that behalf
or is found to be genuine by the Mamlatdar after holding an enquiry.
Section 8A: Relief in certain
cases of threatened wrongful dispossession.- (1) Any tenant in possession of any land or
dwelling house who apprehends that he may be dispossessed contrary to the
provisions of this Act, may apply in the prescribed manner to the Mamlatdar
for an order safe guarding his right to possession.
(2) On such applications, the Mamlatdar if he is satisfied on holding
such enquiry as may be prescribed, that the applicant is entitled to continue
in possession, shall, by order direct the landlord or any person claiming
through him to refrain from disturbing it otherwise than in accordance with
law.
(3) In proceedings under this section, if it is proved to the
satisfaction of the Mamlatdar by affidavit or otherwise that the opponent
threatens to dispossess the applicant, he may by order grant a temporary
injunction restraining such dispossession or otherwise causing injury until
the final disposal of the proceeding or until further orders. In all such
cases the Mamlatdar shall, except where it appears that the object of
granting the injunction would be defeated by delay, issue notice of the
application to the opponent before granting an injunction.
(4) Any person dispossessing a tenant in contravention of an order
made under sub-section (2) or (3), in addition to any other penalty to which
he is subject , on application made by the tenant within thirty days of such
dispossession, and notwithstanding anything to the contrary in any other
provision of this Act, be summarily evicted by the Mamlatdar who shall thereupon
restore possession to the tenant.
Section 10: Surrender by
Tenant.- (1) Any tenant may surrender his right of tenancy in respect of
any land to the landlord and thereupon the tenancy in respect of that land
shall stand terminated if the following conditions are satisfied:
(i)the surrender is made at least one month before the commencement
of the year.
(ii)it is made by the tenant in writing and is admitted by him before
Mamlatdar;
(iii)it is made voluntarily and in good faith to the satisfaction of
the Mamlatdar,
(iv)it is approved by the Mamlatdar; and
(v)the conditions in clauses (a) to (d) of sub-section (4) of section
20 are satisfied. (this section 19 – 22 are omitted via 1976 Amendment)
(2) Where the land is cultivated jointly by joint tenants or members
of joint family, the surrender, unless it is made by all of them shall be
ineffective in respect of such joint tenants or members, as the case may be,
as have not joined in the application for surrender.
(3) Where Mamlatdar is of opinion that the conditions mentioned in
sub-section (1) are not satisfied, he may, after giving a reasonable
opportunity to the landlord to show cause against taking action under this
sub-section, and holding such enquiry as he may;
(i) refuse to approve the surrender, or
(ii) submit the case to the Government for orders under the next
sub-section.
(4) Where a case is submitted under the preceding sub-section, the
Government may, by order, transfer the tenancy right to any person, including
a Communidade, a Co-operative Society or a Panchayat, who, in its opinion, is
a fit and proper to be a tenant, and thereupon such person shall be deemed to
be tenant for the purposes of the Act.
Section 11: Termination of
tenancy by landlord – (1) The landlord may terminate a tenancy on the
ground that the tenant:
(a)has failed to pay the rent for any period on or before the dates
fixed by or under this Act, or
(b)has done any act which is destructive or permanently injurious to
the land, or
(c)has sub-divided, sub-let, or assigned any interest in the land,
otherwise than as permitted under sections 14 and 15, or
(d)has failed to cultivate the land personally, or
(e)has used such land for a purpose other than agriculture.
(2) No tenancy of any land held by a tenant shall be terminated on
any of the grounds mentioned in this section unless the landlord gives at
least ninety days notice in writing to the tenant intimating his decision to
terminate the tenancy and the ground for such termination and unless within
that period the tenant has failed to remedy the breach for which the tenancy
is liable to be terminated:
Provided that where the said breach occurs for the second time the
tenant shall be liable to pay to the landlord by way of penalty a sum equal
to 50 per cent of the rent payable for that season for the land in relation
to which the breach has occurred:
Provided further, that where a breach of the same kind occurs on more
than two consecutive occasions no such notice as is referred to above shall
be necessary and the landlord shall be entitled to straight away make an
application to the Mamlatdar under sub-section (4).
(3) The tenancy of a tenant who is a minor, or is subject to physical
or mental disability, or is serving Member of the Defence Forces shall not be
terminated on the ground only that the land comprised in the tenancy has been
sub-let by or on behalf of such tenant.
(4) Where the landlord after the expiry of the period of notice, if
any, mentioned in sub-section (2) decides to terminate the tenancy under this
section, he shall within such time as may be prescribed apply to the
Mamlatdar for permission to do so and the Mamlatdar may accord the permission
or, if he considers it necessary for reasons to be recorded in writing and
after considering the objections, if any, of the landlord, submit the case to
the Government for orders sub-section (4) of section 10.
Section 12: Special provisions
regarding termination for non-payment of rent.- (1) Where the tenancy of
any land held by a tenant is terminated for non-payment of rent and the
landlord files any proceedings to eject the tenant, the Mamlatdar shall call
upon the tenant to tender to the landlord the rent in arrears together with
the cost of the proceedings within thirty days from the date of the order and
of ejectment, pass an order directing that the tenancy has not been
terminated, and thereupon the tenant shall hold the land as if the tenancy
has not been terminated:
Provided that 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 within the period fixed by or under this Act and the landlord has complied
with the requirements, if any, of any notice to the tenant by or under this
Act.
(2) The landlord may apply to the Mamlatdar in the prescribed form
for necessary form for recovery of arrears of rent for any period not
exceeding three years. The Mamlatdar may, after such enquiry as he considers
necessary, pass such order as he deems fit. The Mamlatdar in passing order
shall now allow the tenant to set off the sum, if any, paid by him to the
landlord within the period of three years immediately preceding the date of
application made under sub-section (1) in excess of the rent due from him:
Provided that if the Mamlatdar is satisfied that in consequence of a
total or partial failure of crops or similar calamity the tenant has been
unable to pay the rent due, the Mamlatdar may, for reasons to be recorded in
writings,
(i)direct, after hearing the landlord, that no rent shall be payable
for the period of such failure of crops by the tenant, or
(ii)direct, after hearing the tenant and the landlord, that the
arrears of rent, or such part thereof as may be considered reasonable by the
Mamlatdar, together with the cost of proceedings, if awarded, shall e paid
within one year from the date of the order and that if before expiry of the
said period the tenant fails to pay the said arrears of rent and cost the
tenancy shall be deemed to be terminated and the tenant shall be liable to be
evicted.
(iii)When a tenant tenders an amount of rent to the landlord for any
period to the Mamlatdar an application in writing for permission to deposit
in his office the full amount of rent. The Mamlatdar may receive the amount
in deposit and give a receipt for it. Notice of the amount so deposited shall
be given to the landlord and if the Mamlatdar is satisfied that the payment
by the tenant was bona fide it shall be paid to the landlord, and thereupon
it shall constitute a discharge of the tenant’s liability in respect of the
rent for such period and no claim or application by a landlord for rent shall
be maintainable in respect of the period for which the rent has been so
deposited by the tenant.
Section 14: Rights of tenants
are heritable.- (1) Where a tenant dies the landlord shall be deemed to
have continued the tenancy-
(a)If such tenant was a member of a joint family, to the surviving
member or members of said family, and
(b)if such tenant was not a member of a joint family, to his, heir or
heirs on the terms and conditions on which such tenant was holding it at the
time of his death.
(2) The surviving member, or as the case may be, the heirs to whom
the tenancy is continued under sub-section (1) shall be entitled to partition
an sub-division of the land leased subject to the following conditions:
(a) each sharer shall hold his share as a separate tenant;
(b) the rent payable in respect of the land leased shall be
apportioned among the shares according to share allotted to them;
And if any question arises regarding the shares or the apportionment
of the rent payable by the sharers, it shall be decided by the Mamlatdar
whose decision shall be final.
Provided, however, however that no partition or sub-division shall be
permissible if the share allotted to any heir or any co-partner together with
any other land already held by him is less than ⅓ hectare of morod land and ¼
hectare of Khazan or Kher land.
Explanation.- The
allotment of a separate number to any portion of the land for the purpose of
land records or land survey under any law for the time being in force shall
not, by itself amount to a sub-division or partition for the purpose of this
sub-stion.
(3) Where any question arises as to the person or persons in whose
favour tenancy is deemed to have been continued under the foregoing
provisions, such questions shall be determined by the mamlatdar after hearing
the landlord and other persons interested in the matter:
Provided that nothing in this sub-section shall preclude the rights
of parties being determined by a court of law.
Section 18B: Right of tenant
to purchase land where he is a minor, etc:- (1) Notwithstanding anything
contained in section 18A, where the tenant is a minor or a widow or a person
subject to mental or physical disability or a serving member of the Defence
Forces, the right to purchase land under that section may be exercised-
(a)by the minor within one year from the date on which he attains
majority.
(b)by the successor in title of the widow within one year from the
date on which her interest in the land ceases to exist;
(c)within one year from the date on which the mental of physical
disability of the tenant ceases to exist;
(d)within one year from the
date on which tenant ceases to be a serving member of the Defence Forces:
Provided that where a person of any 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
tillers’ day 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 the value of the land, in the same proportion
as the share of that person in the entire joint family property.
(2) 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 Mamlatdar within whose jurisdiction the land is situated in the
prescribed manner within the period specified in that sub-section.
(3) The provisions of section 18A and sections 18C to 18I shall, so
far as may be applicable, apply to such purchase.
Section 18C: Mamlatdar to
issue notices and determine price of land to be paid by tenants.- (1) As
soon as may be after the tillers’ day, the Mamlatdar shall publish or cause
to be published a public notice in the prescribe form in the Official Gazette
and also in such other manner as may be prescribed calling upon – (a)all
tenants who under section 18A are deemed to have purchased the lands;
(b)all landlords of such land; and
(c)all other persons interested therein,
To appear before him on the date specified in the notice.
(2) Notwithstanding anything containing in sub-section (1), the
Mamlatdar may, on his own motion or on an application from any person who has
been called upon to appear before him under sub-section (1), give an
opportunity to appear before him on any subsequent day, time and place other
than specified in the public notice under sub-section (1), to –
(a)such tenant or such persons claiming to be tenants;
(b)such landlords and other interested parties, who had appeared
before the Mamlatdar in response to notice published under sub-section (1).
(3) The Mamlatdar shall record in prescribed manner the statement of
the tenant whether he is or is not willing to purchase the land held by him
as tenant.
(4) Where any tenant makes a statement that he is not willing to
purchase the land, the Mamlatdar 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 Mamlatdar shall communicate such order to the parties and any
on whose default the order was passed may within sixty days from the date on
which the order was communicated to him apply for the review of the same.
(5) If a tenant is willing to purchase, the Mamlatdar shall, after
giving an opportunity to the tenant and the landlord and all other persons
interested in such land to be heard and after holding an inquiry determined
the purchase price for such land in accordance with the provisions of section
18D.
(6) In case of a tenant who is deemed to have purchased the land on a
date subsequent to the tiller’s day, the Mamlatdar shall, as soon as may be
after such day, determine the price of the land.
Section 18E: Mode of payment
of purchase price by tenant.- (1) On the determination of the purchase
price by the Mamlatdar under section 18C, the tenant shall deposit the
purchase price with the Mamlatdar the manner provided in this section.
(2) The tenant shall have the option to deposit the purchase price
either in lumpsum or in ten equal annual installments.
(3) The first installment of the purchase price or where the purchase
price is payable in lumpsum under sub-section (2), the lumpsum, shall be paid
by the tenant within a period of six months from the date of passing of the
order of the Mamlatdar under section 18C.
(4) The second or subsequent installments of the purchase price shall
be paid within a period of one year from the date on which the previous
installment was due.
(5) Where the lumpsum payment or any installment of the purchase
price has not been deposited on the due date, the amount in default shall
carry interest at the rate of six per cent per annum.
Section 18F: Amount of
purchase price to be applied towards satisfaction of debts.- (1) The
Mamlatdar shall in an inquiry held under section 18C, determine any
encumbrances lawfully subsisting on land on the tillers’ day.
(2) If the total amount of the encumbrances is less than the purchase
price determined under that section,-
(i) where the purchase price is paid in lumpsum, it shall be deducted
from the purchase price and the balance paid to the former landlords;
(ii)where the purchase price made payable in installment, the
Mamlatdar shall deduct such amount from such installments towards the payment
of such encumbrances:
Provided that where under any agreement, award, decree or order of a
court or under any law, the amount of the encumbrances is recoverable in
installments, the Mamlatdar shall deduct such amount as he deems reasonable
from the installments so payable.
(3) If the total amount of the encumbrances is more than the amount
so determined, the purchase price in lumpsum or the installments, as the case
may be distributed in the order of priority and if any person has a right to
receive maintenance or alimony from the profits of the land the Mamlatdar
shall also make deductions for payment out of the purchase price.
(4) Nothing in this section shall affect the rights of the holder of
any such encumbrances to proceed against the former landlord in any manner or
under any other law for the time being in force.
Section 18G: Recovery of
purchase price as arrears of land revenue.- If the tenant-purchaser makes
a default in payment of the whole or part of the purchase price, the
Mamlatdar shall, on an application made in this behalf by the landlord
proceed to recover such sum which is in arrears on the date of application,
together with any interest due as arrears of land revenue.
Section 18H: Purchase to be
ineffective on tenant-purchaser’s failure to pay purchase price.- (1) On
deposit of the purchase price in lumpsum or of the first installment of such
price, the Mamlatdar shall issue a certificate of purchase in the prescribed
form to the tenant purchaser in respect of the land and such certificate
shall, subject to sub-section (2), be conclusive evidence of the purchase.
(2) in the event of failure of recovery of purchase price as arrears
of land revenue under section 18G, the purchase shall be ineffective and the
land shall be at the disposal of the Mamlatdar under section 18J and any
amount deposited by such tenant-purchaser towards the price of the land shall
be refunded to him.
Section 18J: Power of
Mamlatdar to resume and dispose of land not purchase by the tenant.- (1) Where the purchase of any land by
the tenant under section 18A becomes ineffective under section 18C or section
18H or where a tenant fails to exercise the right to purchase the land held
by him within the specified period under section 18B, the Mamlatdar may, suo motu or on an application made in
this behalf, and in cases other than those cases in which the purchase has
become ineffective by reason of section 18C or section 18H, after holding a
formal inquiry direct the land or part thereof shall be disposed of in the
manner provided in sub-section (2).
(2) The Mamlatdar shall make an order directing that the land or part
thereof referred to in sub-section (1) shall be disposed of by sale to any
person in the following order of priority:
(i) 75 per cent o such land shall be disposed of by sale to persons
belonging to the Scheduled Castes and Scheduled Tribes;
(ii) the land remaining after disposal in the manner
Section 18K: Restrictions on
transfer of land purchased under this Chapter.- No land purchased by a
tenant under this Chapter shall be transferred by sale, gift, exchange,
mortgage, lease or assignment without the previous sanction of the Mamlatdar:
Provided that no such sanction shall be necessary where the land is
to be mortgaged in favour of the Government or a co-operative society for the
purpose of a loan for effecting any improvement of such land.
Section 18L: Power to make
rules.- (1) The Government may make rules for the purpose of carrying
into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such
rules may provide for-
(a) the manner in which the tenant should intimate the landlord and
the Mamlatdar under sub-section (2) of section 18B;
(b) the form of public notice and the manner in which it is so be
published under sub-section (1) of section 18C;
(c) any other matter which is required to be prescribed.
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