BOMBAY TENANCY AND AGRICULTRAL

LAND ACT - IMPORTANT DEFINITIONS

Synopsis

INTRODUCTION i. Person who holds land on lease

SALIENT FEATURES OF THE ACT ii. Deemed Tenant [S. 4]

Extent of the Act Exception to S. 4 [Explanation I]

History behind enactment of the Legislation Deemed tenancy when land personally
cultivated by widow, minor etc.
Object of the Act
[Explanation II]
Amendment of the Act in 1957
Special provision relating to land in the
IMPORTANT TERMS AND
Ratnagiri and Sindhudurg districts
DEFINITIONS
[S.4(2)]
1. AGRICULTURE [S. 2(1)]
iii. Protected Tenant
2. AGRICULTURIST [S. 2(2)] [SHORT NOTE]
iv. Permanent Tenant [S. 2(10A)]
The person must cultivate
5. CEILING AREA AND ECONOMIC HOLDING
Such cultivation must be on a land as [SHORT NOTE]
defined under the Act
Ceiling Area
Such cultivation must be done personally
Economic holding
3. TENANCY [S. 2(17)]
Power of Government to vary ceiling area
4. TENANT [S. 2(18)] [VERY IMPORTANT] and economic holding [S. 7]

Introduction (General Material, Common to All Answers under this Act)

Since India is an agrarian economy, right from Independence, the Central and State Governments
have made efforts to reform the ownership and regulation of land in India. For this reason Article 31-
A of the Constitution of India also granted protection to laws providing for agrarian land reforms to
the effect that such laws cannot be challenged as being violative of Fundamental Rights.

The land reforms policy in India had two specific objectives:

1. To remove such impediments as arise from the agrarian structure inherited from the past in
order to increase in agricultural production
 2. To eliminate all elements of exploitation and social injustice within the agrarian system, to
provide security for the tiller of soil and assure equality of status and opportunity to all
sections of the rural population.

To further the second objective of the land reforms policy, the State of Maharashtra enacted the
Bombay Tenancy and Agricultural Land Act, 1948.

Salient Features of the Bombay Tenancy and Agricultural Land Act, 1948
(General Material, Common to All Answers under this Act)
The BTALA regulates the relationship of landlord and tenant of an agricultural law, with a view to
giving protection to the tenant against exploitation by the landlord. The Act consists of 90 sections
which are divided into 8 chapters, and contains 4 Schedules. The Act came into force w.e.f. 28 th
December 1948.

The Act inter alia makes provision for management of estates held by landholders and regulation of,
and imposition of restrictions on, the transfer of agricultural lands, dwelling houses etc. belonging to
or occupied by agriculturists, agricultural labourers and artisans in the Province of Bombay. It also
provides for security of tenure subject to landlords' limited right of resumption, fixation of maximum
rents and conferment of ownership upon tenants in respect of areas which are not liable to resumption.

Extent of the Act

With respect to certain agrarian land reforms, Maharashtra has different laws for its three areas,
namely, the former Bombay area, Vidarbha area of former Madhya Pradesh and Marathwada area of
former Hyderabad.

The Vidharba area is governed by the Bombay Tenancy and Agricultural Lands (Vidharba
Region and Kutch Area) Act, 1958. The Marathwada area is governed by the Hyderabad Tenancy
and Agricultural Lands Act, 1950. The Bombay Tenancy and Agricultural Land Act extends only
to the Bombay area of the State of Maharashtra.

History behind enactment of the Legislation

In late 1930s, due to lack of security in the matter of tenure and rent, the incentive to cultivate was
fast losing. This gave rise to a large scale of unrest and discontent in the agrarian community. This
paved way for the enactment of the Bombay Tenancy Act, 1939. After Independence, considering that
India is an agrarian economy, the law relating to agricultural tenancy was further amended and the
Bombay Agricultural and Tenancy Land Act, 1948 was passed.

Object of the Act

The main objective of this Act was to amend the law governing the relations of landlords and tenants
of agricultural lands.
Further, on account of the neglect of landholder or disputes between a landholder and his tenants, the
cultivation of his estate had seriously suffered. This was another reason for the enactment of the Act.

The Act also intends to improve the economic and social conditions of peasants and to ensure full and
efficient use of land for agriculture.

In the case of

Shashikant Desai v. State of Gujarat

Justice P.N. BHAGWATI observed that the Act as originally enacted in 1948 was intended to regulate
the relationship of landlord and tenant with a view to giving protection to the tenant against
exploitation by the landlord.

Amendment of the Act in 1957

With a view to achieve the objective of establishing a socialistic pattern of society in the State within
the meaning of Articles 38 and 39 of the Constitution, a further measure of agrarian reform was
enacted by the State Legislature by enacting the Bombay Tenancy and Agricultural Lands
(Amendment) Act, 1956.

This Amendment was introduced to bring about equitable distribution of land between the landholder
and the tenant, to eliminate concentration of wealth in the hands of the landholders. This was done by
making it compulsory for the tenant to purchase of all surplus lands in his possession with effect from
April 1, 1957, called the tillers day.

The Legislature therefore decided that the tiller of the soil should be brought into direct contact with
the State and the intermediary landlord should be eliminated.

IMPORTANT TERMS AND DEFINITIONS UNDER THE ACT

Following are certain important terms and terminologies used under the Act

1. Agriculture [S. 2(1)]

Since the Act deals with agricultural lands and tenancies, it is important to know the meaning of
agriculture as defined under the Act. S. 2(1) defines the term agriculture. It is an illustrative definition
and describes what agriculture includes and excludes. According to the definition,

Agriculture includes

horticulture, the raising of crops, grass or garden produce, the use by an agriculturist of the land held
by him or a part thereof for the grazing of his cattle, the use of any land, whether or not an appendage
to rice or paddy land, for the purpose of rab manure.

but does not include allied pursuits or the cutting of wood only.
Allied pursuits as defined u/s 2(2A) means dairy farming, poultry farming, breeding of livestock,
grazing other than the pasturage of ones own agricultural cattle and such other pursuits as may be
prescribed.

Thus the definition of agriculture does not include within its ambit any other occupations which are
ancillary to cultivation of crops.

It is important to note that agriculture would include grazing only if the agriculturist cuts grass grown
in the land and feeds his own cattle with that grass. If the grass grown in ones own land is given as
fodder for the cattle of another, then such grazing would not come under the definition of agriculture.
Similarly the grazing of his own cattle by the agriculturist on the land of another is not agriculture.

2. Agriculturist [S. 2(2)] [Short Note]

Agriculturist means a person who cultivates land personally. Thus in order to be termed as an
agriculturist, a person must fulfil three conditions

1. The person must cultivate

2. Such cultivation must be on a land as defined under the Act
3. Such cultivation must be done personally

The person must cultivate

As per S. 2(5), to cultivate means to till or husband the land for the purpose of raising or
improving agricultural produce, whether by manual labour or by means of cattle or machinery, or to
carry on any agricultural operation thereon. According to the Explanation to this definition, a
person who takes up a contract to cut grass, or to gather the fruits or other produce of trees on any
land, shall not on that account only be deemed to cultivate such land. That is, a person who is
contracted to cut grass on the land of another will not be an agriculturalist.

Such cultivation must be on a land as defined under the Act

According to S. 2(8) of the Act, land means land which is used for agricultural purposes or which is
so used but is left fallow. It also includes the sites of farm buildings appurtenant to such land.

Further, for certain purposes of the Act land also means the sites of dwelling houses occupied by
agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses; and
the sites of structures used by agriculturists for allied pursuits.

Such cultivation must be done personally

As per S. 2(6), to cultivate personally means to cultivate land on ones own account

(i) by ones own labour, or

(ii) by the labour of any member of ones family, or
 (iii) under the personal supervision of oneself or any member of ones family, by hired labour
or by servants on wages payable in cash or kind but not in crop share.

It is also stipulated that the entire area of the land so cultivated

(a) shall situate within the limits of single village, or

(b) if it is in pieces then it is so situated that no piece of land is separated from another by more
than five miles, or
(c) forms one compact block

The definition of personal cultivation expressly states that in case the land is being cultivated by hired
labour or servants on wages, there must be personal supervision. But Explanation I to the definition
exempts such personal supervision in certain cases. It states that a widow or a minor, or a person who
is subject to physical or mental disability, or a serving member of the armed forces shall be deemed,
to cultivate the land personally if such land is cultivated by servants, or by hired labour, or through
tenants.

Further, in the case of a joint family, the land shall be deemed to have been cultivated personally if it
is cultivated by any member of such family.

In

Keshavraj Dev Sansthan v. Bapurao

It was held that cultivation through an agency like a manager on behalf of a juristic person does not
come within the ambit of the definition to cultivate personally in s. 2(6). This case involved the
question of personal cultivation by the Manager of a private Sansthan. They Court therefore held that
an idol, or a juridical person, like the Sansthan, was not capable of cultivating personally.

3. Tenancy [S. 2(17)]

Tenancy is defined as the relationship between landlord and tenant. Therefore in order to understand
the meaning of tenancy, or the relationship between landlord and tenant, it is important to know the
meaning of the terms landlord and tenant.

The Act defines the term tenant but does not define the term landlord. But while defining the term
tenant it has been stated that the word tenant shall be construed accordingly.

4. Tenant [S. 2(18)] [Very Important]

According to S. 2(18), tenant means a person who holds land on lease and includes

(a) a person who is deemed to be a tenant under section 4 ;

(b) a person who is a protected tenant ; and
(c) a person who is a permanent tenant
Thus the definition of tenant involves four classes of persons

i. person who holds land on lease

ii. a deemed tenant
iii. a protected tenant, and
iv. a permanent tenant

i. Person who holds land on lease

Lease is defined in S. 105 of the Transfer of Property Act as a transfer of right of enjoyment of an
immovable property made for a certain period, in consideration of a price paid or promised to be
paid or, money, share of crops, service or any other thing of value to be given periodically or on
specified occasions to the transferor by transferee.

The transferor is called lessor and the transferee is called lessee.

Under the BTALA, the lessee is recognised as a tenant. Thus all contractual leases are recognised
under the Act. Consequently the lessor shall be construed as landlord within the meaning of the Act.

ii. Deemed Tenant [S. 4]

Under the BTALA, even in the absence of a contractual lease in terms of the Transfer of Property Act,
there are certain circumstances wherein the possession of the person lawfully cultivating on land
belonging to another is protected, and such person is conferred with the same benefits under the
BTALA as a contractual tenant. Such tenant is known as deemed tenant.

Section 4 of the Act persons who are deemed tenants. It states that a person lawfully cultivating any
land belonging to another person 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 owners 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
owners family, or
(c) a mortgagee in possession

The definition of a deemed tenant has to be read with the definition of to cultivate personally. If the
owner of the land does not cultivate the land personally as within the meaning of S. 2(6), then the
person lawfully cultivating on such land is deemed to be a tenant.

Consequently the owner of the land shall therefore be construed as the landlord.
Exception to S. 4 [Explanation I]

A person shall not be deemed to be a tenant under this section if such person has been declared by a
competent authority not to be a tenant on an application made by the owner of the land as provided
under section 2-A of the Bombay Tenancy Act, 1939.

Deemed tenancy when land personally cultivated by widow, minor etc. [Explanation II]

Explanation II to S. 4 provides that 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 such tenant shall be deemed to be a tenant within the meaning of this section.

This is in contrast to explanation I to S. 2(6) which mentions that such widow or a minor etc. shall be
deemed, to cultivate the land personally if such land is cultivated by servants, or by hired labour, or
through tenants.

Thus it can be seen that in case of land being owned by a widow or a minor or person subject to
physical or mental disability, the land is personally cultivated by such owner while the actual tiller
of the land is deemed to be a tenant.

Special provision relating to land in the Ratnagiri and Sindhudurg districts [S.4(2)]

Special provision for deemed tenancy is made in respect of land in the Ratnagiri and Sindhudurg
districts and being cultivated by a person who does not have the lawful right to cultivate the land as
per the Record of Rights. If a 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
provided that there is circumstantial evidence that he has been uninterruptedly cultivating the
land personally. In addition to such circumstantial evidence, the Sarpanch or Police Patil or the
Chairman of Vividh Karyakari Sahakari Society, and the cultivator of the adjoining land shall 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.

iii. Protected Tenant

Protected tenant means a person who is recognised to be a protected tenant under section 4-A.

According to S. 4-A, for the purposes of this Act, a person shall be recognized 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.

S. 3 of the Bombay Tenancy Act 1939 provides that a tenant shall be deemed to be a protected tenant
in respect of any land if
 (a) he has held such land continuously for a period of not less than six years immediately
preceding either the first day of January 1938, or the first day of January 1945; and
(b) he has cultivated such land personally during the aforesaid period

According to S. 3A of the 1939 Act, every tenant shall, from the eighth day of November, 1947 be
deemed to be a protected tenant, unless his landlord has prior to the aforesaid date made an
application to the Mamlatdar for a declaration that the tenant is not a protected tenant.

Similarly, S. 4 of the 1939 Act protects a tenant who has held any land and cultivated it personally
continuously for a period of not less than six years immediately preceding the first day of April
1937 or first day of April 1944, and was evicted from such land on or after such date otherwise than
by order of competent authority.

iv. Permanent Tenant [S. 2(10A)]

The provision regarding a permanent tenant was added by the Bombay Tenancy and Agricultural
Lands (Amendment) Act, 1955 (the Amending Act, 1955). According to the definition of a
permanent tenant, permanent tenant means a person

(a) who immediately before the commencement of the Amending Act, 1955,
(i) holds land as mulgenidar (a system of land tenure wherein there exists a permanent
lease for cultivation) or mirasdar ; or
(ii) by custom, agreement, or the decree or order of a Court holds the land on lease
permanently; or
(b) the commencement or duration of whose tenancy cannot satisfactorily be proved by reason of
antiquity;

and includes a tenant whose name or the name of whose predecessor-in-title has been entered in
the record of rights or in any public record or in any other revenue record as a permanent tenant
immediately before the commencement of the Amending Act, 1955.

Thus a permanent tenant is one who occupies and cultivates the land under a permanent lease. Such
permanent lease may either be under some system of land revenue (e.g. mirasdar and mulgenidar), or
may be under any agreement, custom or decree of Court. it also includes tenancies acquired by way of
succession through persons who themselves were permanent tenants.

In the case of Shrimantibai Nargude v. Bhimrao Nargude the Court held that permanent tenancy is
property which is inheritable by the rules of succession.

5. Ceiling Area and Economic Holding [Short Note]

Ceiling area and economic holding are two important concepts under the Act and are two key
measures of agrarian reform for the purpose of redistributing land and land properties. S. 5 of the Act
prescribes the ceiling area of a land whereas S. 6 prescribes its economic holding.
Ceiling Area
Ceiling on land holding is the maximum size of land holding that an individual/family can own. Land
over and above the ceiling limit is called surplus land. Under the BTALA, the ceiling area is fixed
not only for the purpose of restricting the maximum size of agricultural holding, but also for other
purposes relating to the agricultural tenancy such as restoration of land to the landlord upon
termination of tenancy u/s 31, the extent to which the tenant is deemed to purchase the land on tillers
day etc.

For the purposes of the Act, S. 5 prescribes certain ceiling limit in respect of different classes of
agricultural lands. Depending upon the class of agricultural land, the ceiling area is as follows

1. in case of jirayat land (dry crops) 48 acres

2. in case of bagayat land (garden land or irrigated land)
a. if the land is seasonally irrigated 24 acres
b. if the land is perennially irrigated 12 acres
3. in case of paddy or rice land (Avan) 24 acres

In calculating the ceiling area, warkas land shall be excluded.

Where the land held by a person consists of two or more kinds of land, then S. 5(2) gives a
proportionate comparison between the areas of such land so as to reach a fixed ceiling area.

1 acre of perennially irrigated land is equivalent to 2 acres of seasonally irrigated land; which is
equivalent to 2 acres of paddy or rice land, and which is equivalent to 4 acres of jirayat land.

That is, the ratio between perennially irrigated land, seasonally irrigated land, paddy land and jirayat
land is 1:2:2:4 respectively. Accordingly, the ceiling area is calculated.

The ratio may be represented as follows

1 acre of perennial land = 2 acres of seasonally irrigated = 2 acres of paddy = 4 acres of jirayat

OR

1 acre of jirayat = acres of paddy land = acres of seasonally irrigated land = acres of perennial.

This also implies that 1 acre of paddy land = 1 acre of seasonally irrigated = acre of perennial.

Illustration

A holds 15 acres of land consisting of 5 acres of perennially irrigated land and 10 acres of
seasonally irrigated land. Now the ceiling area for the two classes of lands is 12 acres and 24 acres
respectively. However since the land consists of more than one class of land, the ceiling area is to be
calculated based on the ratio given u/s 5(2).

Note: For types and classes of agricultural land, refer to the answer on Assessment and Settlement
of Land Revenue of Agricultural Land under the MLRC
Since 1 acre of perennially irrigated is equivalent to 2 acres of seasonally irrigated land, 5 acres of
perennially irrigated land would be equivalent to 10 acres of seasonally irrigated land whereas the 10
acres of the seasonally irrigated land would be equivalent to 5 acres of perennially equivalent land.

Thus the total area held by A is equal to

20 acres of seasonally irrigated land (original 10 + 10 being converted from the perennially irrigated)
and 10 acres of perennially irrigated land (original 5 + 5 being converted from seasonally irrigated)

Since the ceiling area on seasonally irrigated land is 24 acres, A can hold an additional 4 acres of
such land (24 acres 20 acres). On the other hand since the ceiling area on perennially irrigated land
is 12 acres, A can hold an additional 2 acres of such land (12 acres 10 acres).

Economic holding
Economic holding indicates that particular size of holding which will provide necessary support to the
peasant family. In this connection KEATING observed that economic holding is one which allows a
man the chance of producing sufficient to support himself and his family in reasonable comfort after
paying his necessary expenses. For the purposes of the Act, Section 6 of the BTALA prescribes the
extent of economic holding in respect of different classes of agricultural lands.

Depending upon the class of agricultural land, the ceiling area is as follows

1. in case of jirayat land (dry crops) 16 acres

2. in case of bagayat land (garden land or irrigated land)
a. if the land is seasonally irrigated 8 acres
b. if the land is perennially irrigated 4 acres
3. in case of paddy or rice land (Avan) 8 acres

In calculating the ceiling area, warkas land shall be excluded. Where land held by a person consists of
two or more kinds of land, then S. 6(2) states that the same procedure given u/s 5(2) is to be followed.

Power of Government to vary ceiling area and economic holding [S. 7]

Section 7 empowers the State Government to vary, by notification in the Official Gazette, the acreage
of the ceiling area or economic holding, or the basis of determination of such ceiling area or economic
holding under sub-section (2) of section 5, in the public interest. While doing so, the Govt. shall take
into account the following factors

(a) the situation of the land,

(b) its productive capacity,
(c) the fact that the land is located in a backward area, and
(d) any other factors which may be prescribed