Permanent tenants and tenants of Mehwassi lands to be occupants and conditions therefor.

§6

Summary

(1) Notwithstanding anything contained in any agreement, custom, usage decree or order of a court, or in any law for the time being in force, in the case of any Mehwassi and which is in the possession of a permanent tenant or a tenant or a sub-tenant of a permanent tenant and is being cultivated personally by such permanent tenant or as the case may be, tenant or sub-tenant, on and after the notified day- (a) any right or interest of the Mehwassi in that land as superior holder thereof, shall be deemed to be extinguished; and (b) the permanent tenant or, as the case may be, tenant or such sub-tenant. (i) shall be deemed to have purchased so much of the land as he is entitled to retain in his possession under sub-section (2), and (ii) shall be primarily liable to the State Government for the payment of land revenue in respect of the land so retained, and (iii) shall subject to the provisions of sub-sections (3) to (10) (both inclusive), be entitled to all the rights and be liable for all the obligations of an occupant in respect of the land so retained, under the Code and the rules made thereunder, as if the land were unalienated land. (2) The permanent tenant or tenant or sub-tenant of a permanent tenant in possession of any Mehwassi land cultivating such land personally- (a) who does not hold any other land, shall be entitled to retain possession of the land to the extent of the ceiling area; (b) who holds any other land less than the ceiling area shall be entitled to retain possession of so much of the land as would bring his total holding to the extent of the ceiling area; and (c) who holds any other land equal to or more than the ceiling area, shall not be entitled to retain possession of any of the land. (3)(a) The permanent tenant shall be liable to pay to the Mehwassi as purchase price a sum equal to three times the amount of the full assessment of the land so retained; and (b) the tenant shall be liable to pay as purchase price a sum equal to six times the amount of the full assessment of the land so retained to the Mehwassi, or the inferior holder, from whom such land is held; (c) the sub-tenant of a permanent tenant shall be liable to pay as purchase price a sum equal to three time as the amount of such assessment of the land so retained to the permanent tenant and three times such assessment to the Mehwassi, within the period, and the manner specified in sub-section (4). (4) (a) A permanent tenant shall deposit with the Mamlatdar within one year from the notified day in a lump sum the amount of the purchase price payable under sub-section (3): Provided that, if the Mamlatdar is satisfied that the permanent tenant has for any reason beyond his control failed to make such payment within the period aforesaid the Mamlatdar may extend the period by a further period not exceeding one year. (b) A Tenant or such sub-tenant of a permanent tenant shall deposit with the Mamlatdar, the purchase price payable under sub-section (3)- (i) either in lump sum, within one year from the notified day, or (ii) in three equal annual instalments with simple interest at 41/2 per cent. per annum, on or before such dates as the Mamlatdar may fix. (c) If a tenant or such sub-tenant is unable to deposit the purchase price in lump sum within one year, he may deposit with the Mamlatdar within that period an amount equal to one-third of the purchase price and apply for facility to a pay the purchase price in instalments under sub-clause (ii) of clause (b) and the Mamlatdar shall give him such facility. (d) Where a tenant or such sub-tenant is in arrears of one instalment, he may within three months from the date of the default apply to the Mamlatdar to condone the default. If the Mamlatdar is satisfied that the tenant or as the case may be, the sub-tenant was unable to pay the instalment for sufficient reason, he may allow further time for the payment of the amount in arrears, and may for that purpose increase the number of instalments to four. (5) During any period for which payment of rent is suspended or remitted under section 13 of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948), the permanent tenant or as the case may be, the tenant or sub-tenant of a permanent tenant shall not be bound to pay the purchase price in lump sum or the amount of any instalment or interest thereon (if any). (6) Until the deposit of the entire amount of the purchase price if paid in lump sum, or until the year in which the first instalment thereof becomes payable the permanent tenant, or, as the case may be, the tenant or sub-tenant shall be liable to pay rent of the said land to the Mehwassi or the permanent tenant, as the case may be. (7) (a) If the permanent tenant or, as the case may be, the tenant or sub-tenant fails to deposit the amount of the purchase price within the period specified in sub-section (4) or commits default in depositing any instalment the amount of the purchase price remaining unpaid and any interest outstanding shall be recovered as an arrear of land revenue. (b) The amount recovered under clause (a) shall be deposited with the Mamlatdar. (8) Any amount deposited under sub-section (4) or (7) shall be paid to the Mehwassi or, as the case may be, the inferior holder or permanent tenant. (9) On the deposit of the entire amount of the purchase price in accordance with sub-section (1) or (7), the Mamlatdar shall issue a certificate of purchase in the prescribed form to the permanent tenant or as the case may be, the tenant or sub-tenant in respect of the land. Such certificate shall be conclusive evidence of purchase. (10) If the purchase price is not paid in accordance with sub-section (4), or is not recovered within a period of one year from the date on which it became recoverable as an arrear of land revenue then,- (a) the purchase shall be ineffective, (b) the land shall be at the disposal of the Collector under section 32 P of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948). (c) any amount deposited by the permanent tenant or tenant towards the purchase price of the said land shall be refunded to him, and (d) the Mehwassi shall be entitled to recover from the permanent tenant or, as the case may be, the tenant holding land from him, and the inferior holder shall be entitled to recover from the tenant holding land from him and the permanent tenant from his sub-tenant the rent of the said land, and the rent so recoverable shall be deducted from the amount, if any to be refunded to the tenant or sub-tenant. Explanation.- For the purpose of this section, "land" means land which is used for agricultural purposes, or which is so used but is left fallow and includes the sites of farm buildings and buildings, appurtenant to such land.

(1) Notwithstanding anything contained in any agreement, custom, usage decree or order of a court, or in any law for the time being in force, in the case of any Mehwassi and which is in the possession of a permanent tenant or a tenant or a sub-tenant of a permanent tenant and is being cultivated personally by such permanent tenant or as the case may be, tenant or sub-tenant, on and after the notified day- (a) any right or interest of the Mehwassi in that land as superior holder thereof, shall be deemed to be extinguished; and (b) the permanent tenant or, as the case may be, tenant or such sub-tenant. (i) shall be deemed to have purchased so much of the land as he is entitled to retain in his possession under sub-section (2), and (ii) shall be primarily liable to the State Government for the payment of land revenue in respect of the land so retained, and (iii) shall subject to the provisions of sub-sections (3) to (10) (both inclusive), be entitled to all the rights and be liable for all the obligations of an occupant in respect of the land so retained, under the Code and the rules made thereunder, as if the land were unalienated land. (2) The permanent tenant or tenant or sub-tenant of a permanent tenant in possession of any Mehwassi land cultivating such land personally- (a) who does not hold any other land, shall be entitled to retain possession of the land to the extent of the ceiling area; (b) who holds any other land less than the ceiling area shall be entitled to retain possession of so much of the land as would bring his total holding to the extent of the ceiling area; and (c) who holds any other land equal to or more than the ceiling area, shall not be entitled to retain possession of any of the land. (3)(a) The permanent tenant shall be liable to pay to the Mehwassi as purchase price a sum equal to three times the amount of the full assessment of the land so retained; and (b) the tenant shall be liable to pay as purchase price a sum equal to six times the amount of the full assessment of the land so retained to the Mehwassi, or the inferior holder, from whom such land is held; (c) the sub-tenant of a permanent tenant shall be liable to pay as purchase price a sum equal to three time as the amount of such assessment of the land so retained to the permanent tenant and three times such assessment to the Mehwassi, within the period, and the manner specified in sub-section (4). (4) (a) A permanent tenant shall deposit with the Mamlatdar within one year from the notified day in a lump sum the amount of the purchase price payable under sub-section (3): Provided that, if the Mamlatdar is satisfied that the permanent tenant has for any reason beyond his control failed to make such payment within the period aforesaid the Mamlatdar may extend the period by a further period not exceeding one year. (b) A Tenant or such sub-tenant of a permanent tenant shall deposit with the Mamlatdar, the purchase price payable under sub-section (3)- (i) either in lump sum, within one year from the notified day, or (ii) in three equal annual instalments with simple interest at 41/2 per cent. per annum, on or before such dates as the Mamlatdar may fix. (c) If a tenant or such sub-tenant is unable to deposit the purchase price in lump sum within one year, he may deposit with the Mamlatdar within that period an amount equal to one-third of the purchase price and apply for facility to a pay the purchase price in instalments under sub-clause (ii) of clause (b) and the Mamlatdar shall give him such facility. (d) Where a tenant or such sub-tenant is in arrears of one instalment, he may within three months from the date of the default apply to the Mamlatdar to condone the default. If the Mamlatdar is satisfied that the tenant or as the case may be, the sub-tenant was unable to pay the instalment for sufficient reason, he may allow further time for the payment of the amount in arrears, and may for that purpose increase the number of instalments to four. (5) During any period for which payment of rent is suspended or remitted under section 13 of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948), the permanent tenant or as the case may be, the tenant or sub-tenant of a permanent tenant shall not be bound to pay the purchase price in lump sum or the amount of any instalment or interest thereon (if any). (6) Until the deposit of the entire amount of the purchase price if paid in lump sum, or until the year in which the first instalment thereof becomes payable the permanent tenant, or, as the case may be, the tenant or sub-tenant shall be liable to pay rent of the said land to the Mehwassi or the permanent tenant, as the case may be. (7) (a) If the permanent tenant or, as the case may be, the tenant or sub-tenant fails to deposit the amount of the purchase price within the period specified in sub-section (4) or commits default in depositing any instalment the amount of the purchase price remaining unpaid and any interest outstanding shall be recovered as an arrear of land revenue. (b) The amount recovered under clause (a) shall be deposited with the Mamlatdar. (8) Any amount deposited under sub-section (4) or (7) shall be paid to the Mehwassi or, as the case may be, the inferior holder or permanent tenant. (9) On the deposit of the entire amount of the purchase price in accordance with sub-section (1) or (7), the Mamlatdar shall issue a certificate of purchase in the prescribed form to the permanent tenant or as the case may be, the tenant or sub-tenant in respect of the land. Such certificate shall be conclusive evidence of purchase. (10) If the purchase price is not paid in accordance with sub-section (4), or is not recovered within a period of one year from the date on which it became recoverable as an arrear of land revenue then,- (a) the purchase shall be ineffective, (b) the land shall be at the disposal of the Collector under section 32 P of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948). (c) any amount deposited by the permanent tenant or tenant towards the purchase price of the said land shall be refunded to him, and (d) the Mehwassi shall be entitled to recover from the permanent tenant or, as the case may be, the tenant holding land from him, and the inferior holder shall be entitled to recover from the tenant holding land from him and the permanent tenant from his sub-tenant the rent of the said land, and the rent so recoverable shall be deducted from the amount, if any to be refunded to the tenant or sub-tenant. Explanation.- For the purpose of this section, "land" means land which is used for agricultural purposes, or which is so used but is left fallow and includes the sites of farm buildings and buildings, appurtenant to such land.

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