Professional Documents
Culture Documents
1955
PRESENTED BY
ALO DUTT
B.A.LLB.
Introduction
OBJECT:
To consolidate and amend the law relating to
tenancies of agriculture lands.
To provide measures of land reform and matters
connected their with.
It extends to whole of the State of Rajasthan.
Important Definitions
Agricultural Year [s.5(1)]: means the year commencing on
the first day of July and ending on the thirtieth day of June next
following.
Agriculture [s.5(2)]: shall include horticulture, [cattle
breeding, diary farming],[ poultry farming and forestry
development].
Agriculturist [s.5(3)]: shall mean a person who by himself or
by servants or tenants earns his livelihood wholly or partially by
agriculture.
Crops [S.5(9)]: shall include shrubs, bushes, plants and
climbers such as roses bushes, betel plants, mehendi bushes
plantains and papittas, but shall not include fodder and natural
produce.
Cont..
Improvement[s.5(19)]: means,
a dwelling house erected on the holding by the tenant for his own occupation
or a cattle-shed or a store-house or any other construction for agriculture
purposes,
Any work which adds materially to the value of the holding, shall include:
a. The construction of bunds, tanks wells, water channels,
b. Construction of works for the drainage of land for its protection from
floods or from erosion,
c. The reclaiming, clearing, enclosing, levelling or terracing of land,
d. Erection in the immediate vicinity of the holding,
e. The renewal or reconstruction of any of the foregoing works,
But shall not include such temporary wells, water channels, bunds, enclosures
or other works as are made by tenant in the ordinary course of cultivation.
Cont
Rent [s.5(32)]: shall mean whatever is in cash or in kind or
Classes of Tenants
As per Section 14, the following classes of tenants, namely:
a) Khatedar tenants (section 15): Every person who
court.(S.37)
way of sub-lease.
The sale, gift or bequest by a khatedar tenants of his
interest in the whole or part of his holding shall be void.
But u/s 42-B it may be declared valid by the collector or
any officer or authority on an application made to him.
A khatedar tenant may transfer his interest in the whole
or part of his holding in the form of usufructuary
mortgage to any person and the mortgage amount shall
be deemed to be paid of within a specified time not
exceeding 5 years.
Abandonment of Tenancies
(Section 60-64)
A tenant who ceases to cultivate and leaves the
Cont
Tenancy when Extinguished (S.63):
When he dies leaving no heir entitled to merit.
When he surrenders or abandons.
When his land has been acquired under the Land Acquisition Act, 1894.
When he has been deprived of possession and his right to recover
possession is barred by limitation.
When he has been ejected there from.
When he acquires or succeeds to all the rights therein of a landholder or
the landholder inherits or otherwise acquires the same.
When he sells or makes a gift.
If he migrates from India to a foreign country without obtaining a valid
passport or without lawful authority.
if the allotment of land is cancelled.
Cont
Right of other tenants to make improvements
Cont..
Compensation for Improvement [s.74]: A tenant
who has made an improvement shall be entitle to
compensation in the following cases namelyi. When a decree or order for his ejectment is passed,
or
ii. When he has been wrongful dispossessed and has
not recovered possession of his holding, or
iii. When he vacate the holding on the expiry of the
term of his lease if the improvement was made
under section 70.
Thank you