Section 4 in The Maharashtra Tenancy and Agricultural Lands Act, 1948
4. Persons to be deemed tenants.
- [(1) A person lawfully cultivating any land belonging to another persons shall be deemed to be a tenant if such land is not cultivated personally by the owner and if such person is not,-(a)a member of the owner's family, or(b)a servant on wages payable in cash or kind but not in crop share or a hired labourer cultivating the land under the personal supervision of the owner or any member of the owner's family, or(c)a mortgagee in possession.Explanation [(I)] [Section 4 renumbered as sub-section (1) by Maharashtra 10 of 2001, Section 2.]. - A person shall not be deemed to be a tenant under this section if such person has been on an application made by the owner of the land as provided under section 2A of the Bombay Tenancy Act, 1939, declared by a competent authority not to be a tenant.[Explanation II. - Where any land is cultivated by a widow or a minor or a person who is subject to physical or mental disability or a serving member of the armed forces through a tenant then notwithstanding anything contained in Explanation I to clause (6) of section 2, such tenant shall be deemed to be tenant within the meaning of this section.] [The existing Explanation was renumbered as Explanation I and Explanation II was inserted by Bombay 38 of 1957, Section 3.]](2)[ Notwithstanding anything contained in sub-section (1), where any land in the Ratnagiri and Sindhudurg districts is being cultivated by a person (other than the person who, according to the Records of Rights, has right to cultivate, for not less than 12 years, such person shall be deemed to be a tenant for the purposes of this section if there is circumstantial evidence that he has been uninterruptedly cultivating the land personally, and [the Sarpanch, Police Patil or the Chairman of Vividh Karyakari Sahakari Society, and the cultivator of the adjoining land state on affidavit that, the said land is in the possession of, and is being cultivated by, such person, uninterruptedly for not less than 12 years]. [Sub-sections (2) and (3) were inserted by Maharashtra 10 of 2001, Section 2.]Explanation I. - For the purpose of this sub-section, the expression "land" includes the "warkas land".Explanation II. - For the purpose of this sub-section, the expression "circumstantial evidence" includes extract of voters list, ration card, electricity bill or house assessment receipt from the same village or any receipt in respect of sale of agricultural produce or any document regarding permission of felling of trees or excavation of minor mineral or any such permission granted with respect of such land.(3)Notwithstanding anything contained in sub-clause (a) of clause (ii) of sub-section (1) of Section 32H, the purchase price in such cases shall be 200 times the assessment.][4A . Protected tenants. - For the purposes of this Act, a person shall be recognised to be a protected tenant, if such person has been deemed to be a protected tenant under Sections 3, 3A and 4 of the Bombay Tenancy Act, 1939, referred to in Schedule I to this Act.
