The Indian zamindari system rested a lot of power in the hands of the landlords in the pre-independence era. The landlords or zamindars could ask the tenant to leave and demand a higher rent in the form of money or land produce, leaving the tenant farmer to struggle. To address such issues, the Bombay Tenancy and Agricultural Lands Act was introduced.
The act preserves the rights and responsibilities of landlords and tenants and is now called the Maharashtra Tenancy and Agricultural Lands Act. This guide details the act and its benefits.
What is the Bombay Tenancy and Agricultural Lands Act?
Under the Bombay Tenancy and Agricultural Lands Act (BTALA), 1948, a tenant is protected from the landlord, there is a cap on land ownership and land transfer is regulated.
Importance of BTALA
Tenant protection from the landlord: A person cultivating another person’s land is defined as a tenant. The BTALA protects the tenant’s rights. The landlord cannot terminate a tenant’s contract without a valid reason. Hence, tenants can stay on the land; even inherit it.
Regulated rent: The rent earned on the land is regulated so that the tenant is not exploited. This is because many a time a tenant is asked to give a majority of his crop as rent, leaving him dry.
Cap on land holding: A landlord can hold a set amount of land. Any land held beyond the permissible limit can be taken by the government and given to landless farmers.
Regulated transfer: This limits the sale of agricultural land to non-farmers.
Definitions as per the Maharashtra Tenancy and Agricultural Lands Act, 1948
- Agriculture includes horticulture, the raising of crops, grass or garden produce, [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] [These clauses were substituted for the original clause (1) by Bombay 13 of 1956, Section 2(1).] but does not include allied pursuits or the cutting of wood only.
- Agricultural labourer means a person whose principal means of livelihood is manual labour on land.
- Agriculturist means a person who cultivates land personally.
- 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 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.
- Protected tenant means a person who is recognised to be a protected tenant.
- 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.
- Tenancy means the relationship between landlord and tenant
- a person who is deemed to be a tenant under section 4
- a person who is a protected tenant
- a person who is a permanent tenant and the word “landlord” shall be construed accordingly.
Rights of Tenants under the Maharashtra Tenancy and Agricultural Act, 1948
- The tenants cannot be asked to leave. They can only be evicted under the rules mentioned under the Maharashtra Tenancy and Agricultural Act, 1948.
- They have to pay fair rent and cannot be forced to pay any rent that the landlord may demand. However, the tenant has to pay the rent on time.
- Protected tenants can pass on their rights to their heirs.
- In some clearly mentioned cases, the tenant should be given the first right to buy the land if the landlord plans to sell it.
- The tenant should maintain the land that he is growing crops on by way of sustainable agriculture. In no way, he should employ methods that will hamper the fertility of the soil that will affect future farming.
Bombay Tenancy and Agricultural Land Act 1948: Areas covered
- Nothing in sections 31 to 32R, 33A, 33B, 33C and 43 shall apply to lands in the areas within the limits of–
- Greater Bombay
- a municipal corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949
- a municipal borough constituted under the Bombay Municipal Boroughs Act, 1925
- a municipal district constituted under the Bombay District Municipal Act, 1901
- a cantonment
- any area included in a Town Planning Scheme under the Bombay Town Planning Act, 1954
(Source: The Maharashtra Tenancy and Agricultural Lands Act, 1948__Back2018)
Tenant Termination for Non-Agricultural Purposes
A landlord can terminate a tenant’s agreement for non-agricultural purposes by giving him a three-month notice. However, the notice will expire before May 31 of that year.
Duties of Tribunal as Mentioned in Bombay Tenancy and Agricultural Land Act 1948
- to determine the value of the site of a dwelling house under Section 17
- to determine the purchase price of land under Sections 32G, 63A or 64
- to decide any dispute under Sections 32 to 32R (both inclusive)
- to dispose of land under Section 32P
- to perform such other functions in carrying out the provisions of this Act, as may be prescribed or as may be directed by the state government
(Source: The Maharashtra Tenancy and Agricultural Lands Act, 1948__Back2018)
Duties of Mamlatdar as Mentioned in Bombay Tenancy and Agricultural Land Act 1948
- to decide whether a person is an agriculturist
- to decide whether a person is, or was at any time in the past, a tenant or a protected tenant or a permanent tenant
- to determine the rates of rent under Section 9
- to decide a dispute regarding the class of land under Section 9A
- to determine the amount of compensation under Section 10 for the contravention of Sections 8, 9, 9A and 9C
- to determine the amount to be refunded to a tenant under Section 13(5)
- to determine the amount of compensation for trees to which a tenant is entitled under Section 19
- to determine any dispute regarding the right to produce trees naturally growing under Section 20
- to determine the cost of repairing protective bunds under Section 23
- to hold an inquiry and restore possession of land under subsection (1B) of Section 32
- to sanction the exchange of tenancies under Section 33
- to determine the amount of compensation payable to the tenant for any improvement under Section 41
- to take measures for putting the tenant or landlord or the agricultural labourer or artisan into the possession of the land or dwelling house under this Act
(Source: The Maharashtra Tenancy and Agricultural Lands Act, 1948__Back2018)
Housing.com POV
The Maharashtra Tenancy and Agricultural Lands Act, 1948, is an important act that protects the rights of both landlords and tenants in Maharashtra. Under this, the tenant is given priority to buy the land in case the landlord sells it. The landlord can terminate the tenant’s contract if the tenant is using land for non-agricultural purposes.
FAQs
In Maharashtra, can a non-farmer buy an agricultural land?
No. In Maharashtra, only an existing farmer can buy agricultural land. However, the farmer can be from any state in India.
Can a landlord hold any amount of agricultural land?
No. Under the Maharashtra Tenancy and Agricultural Lands Act, 1948, there is a cap on the amount of land that a landlord can hold. Anything exceeding this limit can be taken over by the government and handed over to landless farmers.
Can a tenant be evicted by a landlord of an agricultural land in Maharashtra?
A tenant cannot be evicted unless they meet any one or all of the reasons mentioned under the Maharashtra Tenancy and Agricultural Lands Act, 1948.
Can a tenant pass on his rights to take care of the agricultural land to his heirs?
Under the Maharashtra Tenancy and Agricultural Lands Act, 1948, a protected tenant is allowed to pass on his rights to his heirs.
Where can you get the details regarding agricultural land in Maharashtra?
You can get the details regarding agricultural land in Maharashtra through the Mahabhulekh website.
| Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com |
