No~TNC.

6767/135268-M
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Revenue lJe:(1irtment,
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&:Forest~
h "/ Sachivalaya, Bombay-38, '"
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ill Dated: lr1th October,. 1967.;
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Subj ect:- Bombay Tenancy and Agricu1tura I
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Lands Act 7 1948 : Kola l:B
Sales under section 63 matter

MEMORANDUM:
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relating to - z
The undersigned presents compliments to the Commissioner

Boml:By Division and with reference to the corrospondence resting with

his
~ letter No.TNC.6033 dated 17th June, 1967 on,', the subj~ct >
noted
",--
abbve
-is J.irected to state that the point r!lisedfor consideration ,relates

_"-Q...th~app11cability
.. " of provisions of section 32 P(2)(c) of the Bombay
~nancy and Agricultural Lands Act, 1948 to the tenanted lands or
:':'therwis e. Section 63(1) of the Bombay Tenancy and Agricultural Lands
Act, 1948 provides th-:;t no sale gift, exchange, lease etc. of any land
shall be valid in favour of a person who is not an agriculturist or an
agricultural la bourer or who being an agriculturist will after such
sale, exchange etc. hold land exceeding 2/3rd of the ceiling area
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fixed under the Lands Ceiling Act. The proviso to sub-section (1)

then provides that the Collector nay grant permission for such sale,
gift, exchange, etc. on such conditions as may be'pre~cribed. Rule 36 '

of the Bombay Tenancy and Agricultural Lands Rnft.es prescribes the

circumstances in which and the conditions subject to which parmission
;
for sale etc. under section 63 may be granted by the Collector. Sub-

rule (1) of this

, ..
rule ,. provides
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that -the Collector shall not grant
~rm1ssion for sale Gtc. in ~'our of a person who is not either an
agticulturist or an agricultural labourer unless any of 1;he conditions
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~ ltioned therein are satisfied. Condition (f) in the sub-rule ;is
a~ follows:-

"(f)- the land is required for cultivating it personally by

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\..1:1person, who, not be~rtr "a"h agr-f'cu1turist and to whom the Co,llector
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~ f'{:er having regard to the order of priority mentioned in clasue (c)

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2/-
c
 ffi " "",.,' \
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of sub-s.,-ection (a) of sect.ion 32-P bas given a certificate th1.t SUCh'!l \

poison intends to take to the profession of agriculture and is capa.bl"

of gultivating land personally." ~
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. '-The Collectorbefor.a granting permission, bas, therefore,
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materially to satisfy himself that the person desiring to purcl11se
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land really in~~~~~,:,~",t,tc;.ke to theprofe~sion of agricultur J and is

capable of cultivating land personally. The intention underlying t'he

condition appears to be that the Collector should verify 'before permitt-

ing the intending purchaser to purchase the land whether any person n
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belonging, to any of the' ca tegories mentioned in the priority list ,i' ~

section 32-P(2){c) wants'to purchase the land in question for perso~~

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cultivation. The obj Gct underlying the provision is obviouslY to~ ~.. (~_e

that a non-agrlculturistshould not be allowed to purcha se any lan~\

<:' ....
even ;Lf ..he bonafidG int ends to take to the prof es sion of agricultur J

and is capable of cultivating la,119.

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personally, ;','
if a local agriculturist
wants to purchase the same land. >'

In,i;as e anypers on being a non-agriculturist m~-ppens 'to 's'ecure

the certificat3 prescribed' under rule 36(1) (f) of the Rules with a -vaew
,',

to P\Jrc~~sJJ1g, },and :wJ:l~~h

.
may- be available
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fordis ."
p6sa 1 with the Agri-
cultural I.~nds, TribUm:isunder. section :32-P of thG A~t that person',
would not;be,eptitiled topurchase the land under disposal'straightaWay.

The certifJ.pa-j;e ~,ould only en13.ble him to stand in the order of priot-ity
referred to a,bove in the matter of purchasing land. It is obILy in the
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contingency ,
whenporsons and bodies having .
higher'
,
place then such non-

agriculturist do not come forward to .purchas e land such non-agric~~-

turist woul<:'i be. entitled to get the land. ,Tp,ough this procedure

amounts to side tracking the hon-agriculturist it can not be h~r" ~.

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The second' point raised for consideration is wh3ther the 4.-/

provisions of clause (c) of sub-section 2 of section :3~";'P are to be

apull.ed, in "fes,pect of J.a'hds sllI'rehderedoy tenants on"the grounds ~

their ina bility to cultivate the same or the lands being in exce.., "'?

the ceiling area. ,The said section lays down that if the entire land
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:,.,' d ~ (Jr .any- .portion tha.x >of cannot 00 surrendared in accordancewith the
provisions of section 15, the antire land or s~lChportion troreof, as
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the case may be, notwithstanding that it is a fragm3nt, shall be
disposed of by sale to any person in the order of priority. It will

thus be $een tha t the quGstion of surrender of }aR~t;:'_is

act'ually with,
ror~r.encettb the surrender of lands mentioned in section 32-P(2) (b)

and
.Y"
not with rc3fer:'.1nce to section 15(1) of th8 Tenancy Act which
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speaks of tenants surrenderingtheir interest in the land in favour
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landlord. The referenceto the Drovisions of section 1:'has only
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-- ~tn3.de in section 32-P(2) (0) presumably to decide the extent to which
)
the landlord is to entitled to retain tho land as TIer section (2) of

Act.
section of 15 of the 1'.Jnancy

The Commissioner is rGquGstod to bring th3 legal position stated

abov~ to the notice;of the Deputy Collector of Alioog Division and

instruct l1im to take further necessary action accordingly 0

. T.he
' case papers ar8 returned herewith.
,<..~.
r-. er and in tho name of the Governor of M3harashtra,
IFrIC! OF TilE CO
" "THAGUn. "
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8ate ""r2:l"O C'f"~':SI , '"\\ " '~'\A.'.

...~.. ""rt\ C'
.
(NoR. DESA 1.)
~ Under Secretary to the Go~ernment of Maharashtra,
l. Revenue (3nd Forest s DerertmGnt.

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~- Copy forwardedto ~,,~ ~ .
, The (}~ission'e;, Poona ,
Divisionf'>1 \b ~
All Collectors in Bombay/Poona Division.

Add~tional liand Reforms Implementation Officer, Sachivalaya ,Bommy.