Section 90 in The Maharashtra Tenancy and Agricultural Lands Act, 1948

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State of Maharashtra - Section

Section 90 in The Maharashtra Tenancy and Agricultural Lands Act, 1948

90. [ Enactments amended. - The enactments specified in Schedule II shall be amended to the extent mentioned in the fourth column thereof.] [This section was inserted by Bombay 13 of 1956, Section 50.]

[Schedule I] ['The Schedule' was numbered by Bombay 13 of 1956, Section 51.]Enactment repealed(See section 89)

Year1	No.2	Short title3	Extent of repeal4
1939	XXIX	The Bombay Tenancy Act, 1939 Protected tenants	The whole except sections 3, 3-Aand 4 as modified in the following manner, namely:-3. A tenant shall be deemed to be aprotected tenant in respect of any land if -(a) he has held such andcontinuously for a period of not less than six years immediatelypreceding either-(i) the firstday of January 1938, or(ii) the firstday of January 1945; and(b) he has cultivated such andpersonally during the aforesaid period.Explanation I.- If theperson who held such land on the first day of January 1938 or thefirst day of January 1945, as the case may be, came to hold thesame by inheritance or succession from another person or if hehas held such land as a tenant and is an heir to such otherperson, the period during which such other person held such landas a tenant shall be included in calculating the period of sixyears under this section.Explanation II.- If theperson who held such land on the first day of January 1938 or thefirst day of January 1945, as the case may be, held as a tenantat any time a within six years before the said date from the samelandlord in the same village any other land which he cultivatedpersonally, the period during which he held such other land shallbe included in calculating the period of six years under thissection.Explanation III.- Whereany land is held by two or more persons jointly as tenants, allsuch persons shall, if any one of them cultivated and continuesto cultivate such land personally and if the other conditionsspecified in this section are fulfilled, be deemed to beprotected tenants in respect of such land.3A. Tenants on expiry of oneyear from coming into force of Bombay XXVI of 1946 to be deemedprotected tenants.Every tenant shall, from the eighthday of November 1947 be deemed to be a protected tenant for thepurposes of this Act and his rights as such protected tenantshall be recorded in the Record of Rights, unless his landlordhas prior to the aforesaid date made an application to theMamlatdarfor a declaration that the tenant is not aprotected tenant.Explanation.- A personshall not be deemed to be a protected tenant if such person hasbeen on an application made by the owner of the land as providedin section 3-A of the Bombay Tenancy Act, 1939, declared by acompetent authority not to be a protected tenant.4. Tenants evicted after 1stApril, 1937 to be deemed protected tenant.(1) Every tenant shall be deemed tobe a protected tenant for the purposes of this Act, if he-(a) held anyland and cultivated it personally continuously for a period ofnot less than six years immediately preceding the first day ofApril 1937 and was evicted from such land on or after such dateotherwise than by order of a competent authority on any ofgrounds specified in section 14 of this Act, or(b) held anyland and cultivated it personally continuously for a period ofnot less than six years immediately preceding the first day ofApril 1944 and was evicted from such land on or after such dateotherwise than by order of a competent authority on any of thegrounds specified in section 14 of this Act.Provided thatany tenant who had been evicted from the land in consequence ofhis failure to tender the rent referred to in section 9 of theBombay Small Holders Relief Act, 1938, as provided therein shallnot be deemed to be a protected tenant for the purposes of thisAct unless he had paid to the landlord such rent in cases fallingunder clause (a) within four months from the date on which thissection came into force in the area in which the and is situatedand in cases falling under Clause (b) within six months from theeighth day of November 1946.(2) A person who is deemed to be aprotected tenant under sub-section (1) shall, if he had intimatedin writing to the landlord in cases falling under clause (a) ofsub-section (1) within one year after the coming into forceof this section in the area in which the land is situated and incases falling under clause (b) of sub-section (1) within oneyear after the eighth day of November, 1946, that the is willingto hold the land on the same terms and conditions on which heheld it at the time when he was evicted be entitled to recoverpossession of the land-(a) in cases falling under clause(a) of sub-section (1)-(i) if theland has been leased out by the landlord for a period expiringafter the 31st day of May immediately following the date of thecoming into force of this section in the area in which the landis situated, from the date on which such lease expires; and(ii) in othercases from the 1st day of June immediately, following the date ofthe coming into force of this section in the area in which theland is situated;(b) in cases failing under clause(b) of sub-section (1) -(i) if theland has been leased out by the landlord for a period expiringafter 31st day of May from the date on which such least expires;(ii) in othercases from the 1st day of June 1947 and on so recoveringpossession he shall, subject to the provisions of this Act, holdthe land on the said terms and conditions.(3) The provisions of this section shall not apply in caseswhere the landlord is using the land for any of the purposesmentioned in sub-section (1) of section 34 of this Act.

[Schedule II] [These Schedules were inserted by Bombay 13 of 1956, Section 51.](See sections 10A and 90)

Year1	No.2	Short title3	Extent of Amendment4
1879	V	The Bombay Land Revenue Code, 1879.	(1A) [ In section 80, for the words"through non-payment by the occupant of the land revenue dueon account thereof, it shall be lawful for any person interestedto pay on behalf of such occupant" the words "throughnon-payment of the land revenue due on account thereof by theperson primarily liable for payment of it, it shall be lawful forany person interested to pay on behalf of such person" shallbe substituted.] [This entry was inserted by Bombay 63 of 1958, section 19.](1) After section 84, the following section shall be inserted,namely :-
Sections 83 and 84 not to apply to certain tenancies.	"84-IA. The provisions ofsections 83 and 84 shall cease to apply to tenancies to whichthe provisions of the Bombay Tenancy and Agricultural Lands Act,1948, apply."(2) In section 86, for the proviso,the following shall be substituted, namely:-"Providedthat such application shall be made before the expiry of the yearimmediately succeeding the revenue year or the year of thetenancy in which the said rent or land revenue became payable."(3) In section 136, to sub-section(1) the following proviso shall be added, namely: -"Provided that in the case ofany land in the possession of a tenant, if such tenant is liableto pay land revenue in respect of such land under the provisionsof the Bombay Tenancy and Agricultural Lands Act, 1948, suchtenant shall be primarily liable for the payment of land revenuein respect of such land."
1879	VII	The Bombay Irrigation Act, 1879.	In section 56D, for the proviso tosub-section (1) the following shall be substituted, namely :-"Provided that in the case of any land in the possessionof a tenant, if such tenant is liable to pay the irrigation cessin respect of such land under the provisions of the BombayTenancy and Agricultural Lands Act, 1948, such tenant shall beprimarily liable to the irrigation cess, in respect of suchland."
1923	VI	The Bombay Local Boards Act, 1923	To section 96, the followingproviso shall be added, namely :-"Provided that in the case ofany land in the possession of a tenant, if such tenant is liableto pay the cess in respect of each land under the provisions ofthe Bombay Tenancy and Agricultural Lands Act, 1948, such tenantshall be primarily liable for the payment of the cess in respectof such land.
1975	VII	The Bombay Co-operative Societies Act, 1925.	In section 24AA,-(1) in clause (i),-(a) after thewords "owns any land" the words "or has interestin any land as a tenant" shall be inserted;(b) for thewords "on the land owned by him and specified therein"the words "on such land or interest specified in thedeclaration" shall be substituted;(2) after clause (ii), thefollowing clause shall be inserted namely :-(iia) anyperson who has borrowed a loan from a society of which he is amember before the date of the coming into force of the BombayTenancy and Agricultural Lands (Amendment) Act, 1955 and has anyinterest in land as a tenant, shall, as soon as possible, make adeclaration in the form, and to the effect referred to in clause(i) and no such person shall unless and until he has made suchdeclaration be entitled to exercise any right as a member of thesociety";(3) in clauses (iii), (iv), (vi)and (vii) for the word, brackets and figures "or (ii)""wherever they occur the brackets, figures, letter and word"or (iia)" shall be substituted;(4) in clause (iv), after the words"of the land" the words "or interest therein"shall be inserted;(5) in clause (vi), after the words"on the land" the words "or interest" shallbe inserted;(6) in clause (vii), after the words "on land" thewords "or interest" shall be inserted.