exceptions under under Section 64A of the Bombay Tenancy and Agricultural Lands Act, 1948
I wanted to clarify Whether the exemption from barring of sale of land to non-agriculturalists, as provided under Section 64A of the Bombay Tenancy and Agricultural Lands Act, 1948, to a Cooperative Society, is consistent with the current Maharashtra Cooperative Societies Act, 1960? Please note that the exemption under Section 64A only mentions the Bombay Cooperative Societies Act, 1925 and not Maharashtra Cooperative Societies Act, 1960.
Reason: For the province of Maharashtra, the Maharashtra Cooperative Societies Act was introduced to consolidate the law relating to co-operative societies in the state. As per Section 166 (3) of this Act, the Bombay Cooperative Societies Act, 1925 has been repealed and any law mentioning the Bombay Act is to be deemed to be referring to this Act. In other words, for all practical purposes, the Maharashtra Societies Act replaces the Bombay Societies Act in the province of Maharashtra. This Section ensured that the legislature did not have to individually amend all the other legislations referring to the Bombay Act. Therefore, although Section 64A of the Bombay Tenancy and Agricultural Lands Act refers to the societies registered under the Bombay Act, it will also apply to the societies registered under the Maharashtra Act.
Further even the Bombay High Court in Shobhechi Daru v. The State Of Maharashtra, has recognised this exemption. While discussing the applicability of the Bombay Tenancy Act it said: “It is clear, on-going through the provisions of Bombay Co-operative Societies Act, 1925 and corresponding enactment -Maharashtra Co-operative Societies Act, 1960, that various landed properties are mortgaged in favour of co-operative Society and on failure to pay the dues or for recovery thereof, those properties are sold. It appears to be intention of the legislature that such sales, which are held in the routine course in respect of the co-operative societies, should not require permission under the provisions of section 63 of the Tenancy Act and, therefore, exemption has been provided under section 64-A.”
Therefore there is no inconsistency between the Acts.
 1998 (1) BomCR 258,
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