Agricultural land leasing under this Act.

§3

Summary

(1) Notwithstanding anything contained in any other law, on and from the commencement of this Act, every person who is competent to transfer agricultural land under section 7 of the Transfer of Property Act, 1882 (4 of 1882) and who intends to lease in or lease out agricultural land for agriculture and allied activities shall be entitled to enter into a lease agreement, consistent with the provisions of this Act: Provided that, for Leasing out any land held by a person belonging to the Scheduled Tribes, prior permission of the Collector under section 36A of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) shall be necessary and no such permission shall be given unless the person Leasing in such land also belongs to the Scheduled Tribes. (2) The lease shall be between the Land Owner - Lessor who leases out his land and the Lessee Cultivator who leases in such land for agriculture and allied activities. (3) The leasing in of agricultural land in the Scheduled Areas shall be only by the person belonging to Scheduled Tribes or any other person permitted by the laws in force in Scheduled Areas. (4) The Land Owner - Lessor and the Lessee Cultivator shall be required to enter into a written lease agreement with mutually agreed terms and conditions which shall be required to be duly registered as per the provisions of the Registration Act, 1908 (XVI of 1908). (5) The lease agreement shall inter alia contain the following details, terms and conditions, namely :- (a) the names of the Land Owner - Lessor and Lessee Cultivator; (b) survey number, boundaries, location and area of the land being leased out; (c) the duration of lease, expressed in months or years, clearly indicating the starting and ending dates of the lease, which should, as far as practicable, be compatible with the crop cycle or Agricultural Year; (d) the lease rent or consideration payable by the Lessee - Cultivator and the due date on which such amount shall be payable by the Lessee Cultivator; (e) the terms and conditions for renewal or extension of lease, if any; (f) any major default which shall make the lease liable for termination; (g) the circumstances in which land may be resumed by the Land Owner - Lessor and methodology therefor; (h) the minimum period during which such resumption of land by the Land Owner - Lessor shall not be permissible; (i) any other mutually agreed provision, consistent with the provisions of this Act. (6) The duration of lease shall be decided and mutually agreed upon by the Land Owner - Lessor and the Lessee Cultivator and any period of lease as per the lease agreement executed under this Act shall not create any protected tenancy right in favour of the Lessee Cultivator. (7) The consideration payable by the Lessee - Cultivator for use of land leased under this Act in the form of lease rent, or share of produce or in any other form shall be decided and mutually agreed upon by the Land Owner - Lessor and the Lessee Cultivator. (8) The lease agreement under this Act shall not be entered into the record of rights, but the information regarding lease agreement under this Act shall be entered in a Register, maintained by the Competent Authority in such form as may be prescribed. (9) A lease agreement under this Act, even though registered under the Registration Act, 1908 (XVI of 1908) shall not create or confer any right over land including protected tenancy or occupancy right or any other right against lawful eviction or lease termination or interest in favour of the Lessee Cultivator other than those contained in this Act or the lease agreement and shall not be used to establish any permanent right over the land in any court of law. (10) The possession of the land leased out under this Act shall be deemed to have reverted to the Land Owner - Lessor upon the expiry of agreed lease period, unless the lease is renewed by a fresh written lease agreement which is registered by following the provisions of this section for a period mutually agreed upon by the Land Owner - Lessor and the Lessee Cultivator. (11) Any dispute between the Lessee Cultivator and the Land Owner - Lessor shall be resolved through the dispute resolution mechanism provided under section 9 of this Act.

(1) Notwithstanding anything contained in any other law, on and from the commencement of this Act, every person who is competent to transfer agricultural land under section 7 of the Transfer of Property Act, 1882 (4 of 1882) and who intends to lease in or lease out agricultural land for agriculture and allied activities shall be entitled to enter into a lease agreement, consistent with the provisions of this Act: Provided that, for Leasing out any land held by a person belonging to the Scheduled Tribes, prior permission of the Collector under section 36A of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) shall be necessary and no such permission shall be given unless the person Leasing in such land also belongs to the Scheduled Tribes. (2) The lease shall be between the Land Owner - Lessor who leases out his land and the Lessee Cultivator who leases in such land for agriculture and allied activities. (3) The leasing in of agricultural land in the Scheduled Areas shall be only by the person belonging to Scheduled Tribes or any other person permitted by the laws in force in Scheduled Areas. (4) The Land Owner - Lessor and the Lessee Cultivator shall be required to enter into a written lease agreement with mutually agreed terms and conditions which shall be required to be duly registered as per the provisions of the Registration Act, 1908 (XVI of 1908). (5) The lease agreement shall inter alia contain the following details, terms and conditions, namely :- (a) the names of the Land Owner - Lessor and Lessee Cultivator; (b) survey number, boundaries, location and area of the land being leased out; (c) the duration of lease, expressed in months or years, clearly indicating the starting and ending dates of the lease, which should, as far as practicable, be compatible with the crop cycle or Agricultural Year; (d) the lease rent or consideration payable by the Lessee - Cultivator and the due date on which such amount shall be payable by the Lessee Cultivator; (e) the terms and conditions for renewal or extension of lease, if any; (f) any major default which shall make the lease liable for termination; (g) the circumstances in which land may be resumed by the Land Owner - Lessor and methodology therefor; (h) the minimum period during which such resumption of land by the Land Owner - Lessor shall not be permissible; (i) any other mutually agreed provision, consistent with the provisions of this Act. (6) The duration of lease shall be decided and mutually agreed upon by the Land Owner - Lessor and the Lessee Cultivator and any period of lease as per the lease agreement executed under this Act shall not create any protected tenancy right in favour of the Lessee Cultivator. (7) The consideration payable by the Lessee - Cultivator for use of land leased under this Act in the form of lease rent, or share of produce or in any other form shall be decided and mutually agreed upon by the Land Owner - Lessor and the Lessee Cultivator. (8) The lease agreement under this Act shall not be entered into the record of rights, but the information regarding lease agreement under this Act shall be entered in a Register, maintained by the Competent Authority in such form as may be prescribed. (9) A lease agreement under this Act, even though registered under the Registration Act, 1908 (XVI of 1908) shall not create or confer any right over land including protected tenancy or occupancy right or any other right against lawful eviction or lease termination or interest in favour of the Lessee Cultivator other than those contained in this Act or the lease agreement and shall not be used to establish any permanent right over the land in any court of law. (10) The possession of the land leased out under this Act shall be deemed to have reverted to the Land Owner - Lessor upon the expiry of agreed lease period, unless the lease is renewed by a fresh written lease agreement which is registered by following the provisions of this section for a period mutually agreed upon by the Land Owner - Lessor and the Lessee Cultivator. (11) Any dispute between the Lessee Cultivator and the Land Owner - Lessor shall be resolved through the dispute resolution mechanism provided under section 9 of this Act.

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