The Gazetteers Department

Prior to the enforcement of the Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act, 1958, the relations between the tenant and the landlord in the district were governed and regulated by the Madhya Pradesh Land Revenue Code and the Berar Regulation of Agricultural Leases Act, 1951. This Act did not confer on the tenants the right of purchasing the land held by him as lessee. It also did not give him the pre-emption right of purchasing the land held by him when the landlord intended to sell it off. It, however, provided that (i) no lease deed would be for a period of less than five years, (ii) the protected lessee had no right to transfer his occupancy rights to any one except to the owner, and (iii) the landlord as also the tenant had a right to get the lease money fixed from Government. These regulations were further amended. The amended regulations provided that the lessee could be declared as a protected tenant if the owner of the leased land does not happen to be a woman or a disabled person, and that he had furnished the required information about his rights to the land by 1st February 1954. In the amendment it was also provided that the landlord had no right to evict the tenant. This protection, however, did not apply to the tenants cultivating over 50 acres of land, and the landlord had no right of evicting a tenant unless a specific permission to the effect was obtained from the concerned Revenue Officers. The tenant, if evicted, was entitled to reclaim the land within one year.

The Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, which is the prevailing tenancy Act was extended to the district from 30th December 1958. This Act confers on all tenants the rights of purchasing the land from the owner. All the privileges of a protected tenant are granted to the ordinary tenants as well. The present enactment has unified the provisions of the old enactments in force, and at the same time has finally laid down the rights of the tenants. It provides for tenancy rights by succession and regulates the sale of agricultural land exceeding two-third of the ceiling area as determined under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, to non-agriculturists or even to agriculturists holding land as tenants. Widows, minors, disabled persons, persons under preventive detention and public trusts have been granted protection under the new Act.

The new Act has made considerable changes in the provisions relating to rent, termination of tenancy, inheritance of tenancy rights etc., of the previous enactments. It also contains provisions in regard to family holdings, ceiling on holding and compulsory purchase of land by tenants subject to certain conditions and exceptions. It has provided that the landlord can take over the management of the lands which are not efficiently cultivated or which are left fallow for two or more consecutive seasons. A landlord has been given the right of resumption under the following conditions.

(1) He was to give necessary notice of termination of tenancy on or before 15th February 1961, and to apply for possession of land on or before 31st March 1961.

(2) Landlords whose total holdings did not exceed one family holding were given a special right to terminate tenancies created by them not earlier than April 1957. The last date for the application was 26th January 1962.

(3) Small holders, viz., landlords whose holdings did not exceed one-third of the family holding on 15th February 1961 and who earned their livelihood from agricultural pursuits, were given a right to take back their land from the tenant by giving a written notice within one year from the date of enforcement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Amendment Act of 1961. The application for possession was to be made before 1st April 1963.

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