Sections 44 to 62 of the Bombay Tenancy and Agricultural Lands Act speak of the management of agricultural land by the State Government.

Under Section 44, a notice shall be published in the Official Gazette of the intention of the State Government to take over the management of agricultural land and the Collector shall cause the substance of the notice to be displayed at prominent places in the locality where the State Government intends to take over the management of agricultural land under the Bombay Tenancy and Agricultural Lands Act:

1. because it is satisfied that cultivation has seriously suffered
   1. due to the landholders neglect or
   2. due to disputes between the landholder and his tenants
2. to ensure the full and efficient use of the land for agriculture.

Under Section 45, the estate vests in the State Government from the date the notice is published. A manager is appointed by the State Government to be in charge of the estate, and the tenants have the same rights and liabilities as they had before the State Government assumed management.

Section 46 deals with the effect of a declaration of management by saying that while the declaration is in force:

1. in respect of the debts and liabilities of the estate:
   1. proceedings in Civil Courts are stayed
   2. processes, attachments and executions are suspended
   3. no fresh proceeding is to be instituted
2. the holder of the estate is incompetent to:
   1. enter into any contract involving the estate in pecuniary liability
   2. mortgage, charge, lease, or alienate the land or part thereof
   3. grant valid receipts for rents or profits.

The Holder

The death of the holder does not affect the continuation of the management of agricultural land by the State Government. His successor is subject to the disabilities under the Act which the holder had been subject to. However, attachment or other processes will not be issued against the land for the successor’s debts or liabilities.

The Manager

1. He is a public servant.
2. He is competent to mortgage, charge, lease, or alienate the land or part thereof although he requires the Collector’s permission for a sale or lease exceeding ten years. Permission will only be given if such sale is necessary for the benefit of the estate or if the sale is to a tenant under Sections 32, 32F, 32I or 32O of the Bombay Tenancy and Agricultural Lands Act, and such a sale is final. In all cases, the dealings of the Manager with respect to the land are binding on the holder and his successor.
3. He has the power of the landholder and of the Collector to recover and grant valid receipts for rents or profits. His receipt discharges the payer.
4. He is to pay the costs of management with what he receives and with the residue, he is to pay the debts and liabilities of the estate, any loan he may have received from the government and the balance to the holder.

Claims

The manager shall publish a notice in the Official Gazette (and exhibit copies if he sees fit) calling on all persons who have claims against the estate to notify him in two months. If they do not do so because of being unable to do so, the period may be extended by two months. After the expiry of the period (or the extended period, as the case may be), the claim shall be deemed to be discharged.

The claim is to contain all the relevant particulars and be delivered to the Manager along with the necessary documents. Documents which are not so delivered may not be allowed to be produced as evidence later on. If the document is an entry in a book, the book along with a copy of the entry is to be produced; the book is marked for identification and returned after being compared with the copy.

The manager then investigates claims, and determines debts and liabilities.

The Liquidation Scheme

If the debts and liabilities cannot be paid at once, the manager ranks them and fixes interest. He formulates a scheme containing provisions for repayment, the improvement of the estate etc. and submits it to the Collector.

If the Liquidation Scheme is sanctioned, all debts and liabilities are extinguished and proceedings in respect of them are barred.

Also, in some circumstances, the manager may by order in writing require a conditional vendee or mortgagee in possession to deliver up possession to him at the end of the revenue year. The encumbrancer (and any person resisting on his behalf) may be summarily evicted by the manager without recourse to a Civil Court if he refuses or neglects to do so.

Termination

The management of agricultural land by the State Government may be terminated by a direction by the State Government in the Official Gazette when it is not necessary in its opinion. The possession of the land and the balances to the credit of the landholder or his successor are to be delivered to him once the management is terminated. Also, the manager’s lawful acts during the period of management bind the landholder or his successor.