AGRICULTURE AND IRRIGATION

TENANCY

Prior to the enactment of the Bombay Tenancy Act of 1939, the relations between landlords and tenants in the district were governed by the provisions contained in section 83 of the Bombay Land Revenue Code of 1879, Mamlatdar's Court Act, 1906 and the Khoti Settlement Act, 1880. The provisions of these Acts did not ensure the tenant equality of status with the superior holder in matters of contract or agreement. Many tenants, other than the permanent tenants in Khoti villages, who held the same lands for generations, had no right of permanency but continued to be tenants-at-will, liable to be deprived of their tenancy at the will of their landlords. In the absence of any legislation for the protection of tenants, rack renting was a familiar mode of exploitation of tenants by the landlords. Tenants were, therefore, left with little incentive to improve the land and obtain better yield from it.

The Bombay Tenancy Act, 1939, which was enforced in this district from 11th April, 1946, was enacted with a view to ameliorate the condition of the tenants without injuring the legitimate interests of landlords excluding, of course, the Khoti villages to which section 2 and sections 14 to 31 were applied; sections 3 to 13 embodying provisions relating to ' protected tenants ' however, were applied from 5th October, 1946. Those tenants who had held land for a period of not less than six years immediately preceding the first day of January, 1938, were declared 'protected tenants'. Such tenants could not be evicted unless they ceased to cultivate the land personally or the landlord himself wanted to cultivate the land personally. It provided for the fixing of reasonable rent. Fresh leases were required to be of ten years' duration.

The Bombay Tenancy Act, 1939, was amended in 1946, in the light of the experience gained by its working. The Act itself was, however, replaced by the Bombay Tenancy and Agricultural Lands Act, 1948. The Act of 1948, while retaining the general provisions of the earlier legislation contained new features. This Act has statutorily fixed the maximum rates of rent at one-third and one-fourth of the total produce in the case of non-irrigated lands and irrigated lands respectively. It gives powers to the Government to fix rent at a rate lower than the maximum. The right of a landlord to terminate the tenancy of a protected tenant for the purpose of taking over the land for his personal cultivation is limited by the Act; he cannot terminate the tenancy if he is already cultivating other land, measuring fifty acres or more; and, if he is cultivating less than fifty acres, the right is limited to such area as will be sufficient to make up the area for his personal cultivation to the extent of fifty acres. The protected tenant is also given a valuable right; he can purchase his holding from the landlord at a reasonable price, provided that thereby his own holding is not reduced to less than fifty acres. The onus of continuing a protected tenancy to the heirs of a deceased protected tenant is shifted on to the landlord. Other important provisions of the Act are the ones which enable Government to assume management of the estate of a landlord for the purpose of improving the economic and social conditions of peasants or for ensuring the full and efficient use of land for agriculture. A provision is made for the payment, to the lawful holders, of the net surplus in respect of estates taken over for management after deductions of the appropriate cost incurred by Government and the amount, if any, required for the liquidation of debts and liabilities. The Act prohibits transfer of agricultural lands to non-agriculturists, but the Collector may permit such transfers in exceptional cases. The landlord has to transfer his agricultural lands to persons in the following priority as laid down in the rules relating to Act:-(i) the tenant in actual possession of land, (ii) the person or persons personally cultivating any land adjacent to the land to be sold, (iii) a co-operative farming society, (iv) any other agriculturist and (v) any other person who has obtained from the Collector a certificate that he intends to take to the profession.

TABLE No. 36.

WORKING OF TENANCY ACT IN RATNAGIRI DISTRICT, 1951-52 TO 1955-56

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