32(g) Maharashtra (Kul-kayda) Tenancy Rules. What to do?

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To gain maximum revenue from the land in India the British rulers introduced three major forms of land settlements namely Zamindari, Raiyatwari and Mahalwari. Under the influence of these systems actual cultivators turned into tenants. These land system created intermediary between the State and the actual tillers of the soil. These intermediaries had no interest in improvement of the land. Against this background intermediary interests were abolished by the Government by framing policy "Land to the tillers" In the Maharashtra under section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948 provides compulsory transfer of ownership rights of tenanted lands to the tenants from 1st April 1957 which is known as the "Tillers' Day". There is complete sale and purchase on the tiller’s day. The title of landlord passes immediately to the tenant on the tiller’s day. The tiller who purchased the land under this act is classified as an Occupant Class II. The land of Occupant Class II is heritable but transfer of land is valid subject to fulfilling conditions imposed by the Government.
No land purchased by tenant under section 32, 32F, [32I, 32 O, 33 C, or 43 ID or sold to any person under section 32 P or 64 shall be transferred by sale, gift, exchange, mortgaged, leased or assignment, without the previous sanctioned of the collector. Sanctioned is not required when land is to be mortgaged in favour of Government.
The collector may grant permission for transfer of land in any of the following circumstances, namely:-
That the land is require for agricultural purpose by industrial or commercial undertaking in connection with any industrial or commercial operations carried on by such undertaking;
That the transfer is for the benefit of any educational or charitable institution;
That the land is required by a co- operative farming society;
That the land is being sold in execution of a decree of a Civil Court or for the recovery of arrears of land revenue under the provision of the code;
That the land is being sold bona fide for any non agricultural purpose;
That the land is being sold by a land owner on the ground that –
i. He is permanently giving up the by profession of an agriculturist, or
ii. He is permanently rendered incapable of cultivating the land personally;
That the land is being gifted in favour of-
i. The bodies or institution mentioned d in section 88A and clauses a & b of section 88B or
ii. A member of land-owners family;
That the land is being exchanged-
i. With the land of equal or nearly equal value owned and cultivated personally by the member of the same family; or
ii. With the land of equal or nearly equal value situate in the same village owned and cultivated personally by another land owner with a view to forming compact block of his holding or with view to having better management of the land:
Provided that ,the total land held and cultivated personally by any of the parties to the exchange whether as a owner or tenant or partly as does not exceed the area as a result of exchange;
That the land is being leased by a land owner who is a minor; or a widow or person subject to any physical or mental disability or the member of the armed forces or among the land owners holding the land jointly;
That the land is being portioned among the heirs or survivors of the deceased land owner;
That the land is being mortgaged in favour of society registered or deem to be registered under the Maharashtra Co-op Societies Act 1960 for raising a loan for paying the purchase price of such land.
That the land is being transferred to the person who by reason of acquisition of his land for any development project has been displaced and requires to be resettled.
Where sanctioned for sale of land given in the circumstances specified in the clauses a, b, c, e, or f it shall be subject to the condition of the land owner paying to the State Government a nazrana equal to 40 times assessment of the land.
In the case of portioned sanctioned under clause “j” it shall be subjected to the condition that the are allotted to each sharer shall not be less than the unit specified by the State Government under clause c of sub section I of sub-section 27

Transfer to non agriculturist barred under Section 63
No sale, gifts, exchange or lease of any land shall be valid in favour of person who is not an agriculturist. However collector may grant permission for transfer under the below mentioned conditions:
a) Such a person bona fide requires the land for a non agricultural purposes; or
b) The land is required for the benefit of an industrial or commercial undertaking or an educational or charitable institution; or
c) Such land being mortgaged, mortgage has obtained from collector a certificate that he intends to take the profession of an agriculturist and agrees to cultivate the land personally; or
d) The land is required by co-op society; or
e) The land is required for cultivating it by a personally by a person, who, not being an agriculturist, intends to take to the profession of agriculture and to whom collector has given certificate that such person is intend to take to the profession of agriculture and is capable of cultivating land personally; or
f) Such land is being sold in execution of decree of a civil court, or recovering arrear of land revenue.
Transfer to non agriculturist for bona-fide industrial use:
No permission is required to sell the land to the person who may or may not be an agriculturist for the purpose of bona-fide industrial use if the land situates within the industrial zone of a draft plan or final regional plan or draft of final town planning scheme prepared under the MRTP Act 1966 and the area where no such plans or scheme exists.

Advocate Siddhant Sharma LawRato