Section 13 in The Bombay Tenancy and Agricultural Lands Act, 1948
13. Suspensions or remissions of rent.
(1)Notwithstanding anything contained in section 84A of the Bombay Land Revenue Code, 1879 (Bombay V of 1879), whenever from any cause the payment of the whole land revenue payable to Government [***] [The words 'by a landlord' were deleted by Bombay 13 of 1956, section 9(1).] in respect of any land is suspended or remitted, the landlord shall suspend or remit, as the case may be, the payment to him of the rent of such land by his tenant. If in the case of such land the land revenue is partially suspended or remitted, the landlord shall suspend or remit the rent payable by the tenant of such land in the same proportion.(2)If no land revenue is payable to Government in respect of such land and if from any cause, the payment of the whole or any part of the land revenue payable to Government in respect of any other land in the neighbourhood of such land has been suspended or remitted, the Collector shall, subject to the general or special orders of Government, in the manner provided in sub-section (1) suspend or remit, as the case may be, the payment to the landlord of the rent or part of it due in respect of such land.(3)No application for assistance under sections 86 and 87 of the Bombay Land Revenue Code, 1879 (Bombay V of 1879), shall be entertained, no suit shall lie and no decree of a Civil Court shall be executed for recovery by a landlord of any rent, the payment of which has been remitted, or during the period for which the payment of such rent has been suspended under this section. The period during which the payment of rent is suspended under this section shall be excluded in computing the period or limitation prescribed for any suit or proceeding for the recovery of such rent.(4)Notwithstanding anything contained in sections 86 and 87 of the Bombay Land Revenue Code, 1879 (Bombay V of 1879), the Collector shall in passing an order under sub-section (2) of section 87 of the said Code, for rendering assistance to the landlord allow to the tenant, a set-off for the sum, if any, paid by such tenant to the landlord, in excess of the amount of rent due from him after deducting the amount required to be remitted under sub-section (1) or sub-section (2) of his section or under section 84A of the said Code. The set-off under this sub-section shall be allowed only in respect of the sums paid by such tenant to such landlord during a period of three years immediately preceding the date of the application made under section 86 of the said Code.(5)If the landlord fails to suspend or remit the payment of rent as provided in this section, he shall be liable to refund to the tenant the amount recovered by him in contravention of this section. The tenant may apply to the Mamlatdar for the recovery of the amount and the Mamlatdar may after making an inquiry make an order for the refund [and for inflicting such penalty on the landlord as may be prescribed.] [These words were added, by Bombay 13 of 1956, section 9(2).]
