Section 32P in The Maharashtra Tenancy and Agricultural Lands Act, 1948
32P. Power of [Tribunal] [This word was substituted for the word 'Collector' by Maharashtra 9 of 1961, Section 14(a).] to resume and dispose of land not purchased by tenant.
(1)Where the purchase of any land by tenant under section 32 becomes ineffective under section 32G or 32M or where a tenant fails to exercise the right to purchase the land held by him within the specified period under section 32F, [32-O, 33-C or 43-ID], [The figures, letters and words were substituted for the word, figures and letter 'or 320' by Maharashtra 39 of 1964, Section 2, Schedule.] the [Tribunal] [This word was substituted for the word 'Collector' by Maharashtra 9 of 1961, Section 14(a).] may suo motu or on an application made in this behalf [* * *] [The words 'and after holding a formal inquiry' were deleted by Maharashtra 8 of 1963, Section 4(a).] [and in cases other than those in which the purchase has become ineffective by reason of section 32G or 32M, after holding a formal inquiry] [This portion was inserted by Maharashtra 9 of 1961, Section 14(b).] direct that the land shall be disposed of in the manner provided in sub-section (2).(2)Such direction shall provide-(a)that [* * *] [The words 'the tenancy in respect of the land shall be terminated and' were deleted, by Maharashtra 9 of 1961, Section 14(c).] the [former tenant] [These words were substituted for the word 'tenant', by Maharashtra 9 of 1961, Section 12(b).] be summarily evicted;(b)that the land shall, subject to the provisions of section 15, be surrendered to the [former landlord] [These words were substituted for the word 'landlord', by Maharashtra 9 of 1961, Section 12(b).];(c)that if the entire land or any portion thereof cannot be surrendered in accordance with the provisions of section 15, the entire land or such portion thereof, as the case may be, notwithstanding that it is a fragment, shall be disposed of by sale to any person in the following order of priority (hereinafter called "the priority list") :-(i)a co-operative farming society the members of which are agricultural labourers, landless persons or small holders or a combination of such persons;(ii)agricultural labourers;(iii)landless persons;(iv)small holders;(v)a co-operative farming society of agriculturists (other than small holders) who hold either as owner or tenant or partly as owner and partly as tenant, landless in area than an economic holding and who are artisans;(vi)an agriculturist (other than a small holder) who holds either as owner or tenant or partly as owner and partly as tenant, landless in area than an economic holding and who is an artisan;(vii)any other co-operative farming society;(viii)any agriculturist who holds either as owner or tenant or partly as owner and partly as tenant land larger in area than an economic holding but less in area than the ceiling area;(ix)any person, not being an agriculturist, who intends to take to the profession of agriculture:[Provided that the State Government may, by notification in the Official Gazette give in relation to such local areas as it may specify, such priority in the above order as it thinks fit to any class or persons who, by reason of the acquisition of their land for any development project approved for the purpose by the State Government have been displaced, and require to be re-settled.] [This proviso was added by Bombay 15 of 1957, Section 10.](3)Where any land is to be surrendered in favour of the [former landlord] [These words were substituted for the word 'landlord' by Maharashtra 9 of 1961, Section 14(e).], under sub-section (2), the [former landlord] [These words were substituted for the word 'landlord' by Maharashtra 9 of 1961, Section 14(e).] shall not be entitled to the possession thereof until any amount refundable to the [former tenant] [These words were substituted for the word 'tenant', by Maharashtra 9 of 1961, Section 14(e).] is refunded to him or recovered from the [former landlord] [These words were substituted for the word 'landlord' by Maharashtra 9 of 1961, Section 14(e).]; and until such refund or recovery is made, the [former tenant] [These words were substituted for the word 'landlord' by Maharashtra 9 of 1961, Section 14(e).] shall continue to hold the land on the same terms on which it was held by him previously.(4)Where any land or portion thereof cannot be surrendered in favour of the landlord and where such land or portion is offered for sale under sub-section (2), but no person comes forward to purchase such land or portion, as the case may be, shall vest in the State Government and the [Tribunal] [This word was substituted for the word 'Collector', by Maharashtra 9 of 1961, Section 14(a).] shall determine the price of such land or portion in accordance with the provisions of section 63A and the amount of the price so determined shall, subject to the provisions of section 32Q, be paid to the owner thereof.(5)Where any land is sold under sub-section (2), the [Tribunal] [These words were substituted for the word 'landlord' by Maharashtra 9 of 1961, Section 14(e).] shall determine the price of the land in accordance with the provisions of section 63A and the price so determined shall be payable by annual instalments not exceeding six with simple interest at the rate of 4½ per cent, per annum as the [Tribunal] [These words were substituted for the word 'landlord' by Maharashtra 9 of 1961, Section 14(e).] may determine and the price of the land recovered from the purchaser shall, subject to the provisions of section 32Q, be paid to the owner thereof.(6)[ On the deposit of the last instalment of the purchase price, the Tribunal shall issue a certificate of purchase in the prescribed form from the purchaser in respect of the land. Such certificate shall be conclusive evidence of purchase. If the purchaser is at any time in arrears of two instalments, then unless the [Tribunal] [Sub-section (6) was inserted by Maharashtra 8 of 1963, Section 4(b).] after holding such inquiry as it thinks fit is satisfied with the reasons given and allows a further period not exceeding one year to pay the arrears, the purchase shall be ineffective and the amount deposited by such purchaser shall be refunded to him.] [Sub-sections (1A) and (1B) were inserted by Bombay 63 of 1958, Section 6(2).]
