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THE AJMER TENANCY AND LAND RECORDS ACT, 1950

ACT NO. 42 OF 1950 · Enacted [10th May, 1950.] · 205 sections

PRELIMINARY

Section 1.Short title, extent and commencement.
Section 2.Repeal.
Section 3.Savings.
Section 4.Definitions.
Section 5.Power of landlord and tenant to act through agent.

PRIMARY RIGHTS

Section 6.Primary rights of tenant.
Section 7.Prohibition of certain acts.
Section 8.Prohibition against deprivation of certain rights.
Section 9.Certain rights of landlord.

Niji jot

Section 10.Definition.
Section 11.Application for demarcation.
Section 12.Order of demarcation of niji jot.
Section 13.Demarcation.
Section 14.Status of tenant of niji jot.
Section 15.Succession to niji jot.
Section 16.Collector‟s powers to let to tenants.

CLASSES OF TENANTS

Section 17.Classes of tenants.
Section 18.Occupancy tenants.
Section 19.Exproprietary tenants.
Section 20.Acquisition of exproprietary rights.
Section 21.Relinquishment of exproprietary rights.
Section 22.Hereditary tenants.
Section 23.Land in which hereditary rights shall not accrue.
Section 24.Non-occupancy tenants.

DEVOLUTION, TRANSFER, EXTINOTION, DIVISION, EXCHANGE AND ACQUISITION — Devolution and transfer of tenancies

Section 25.Interest of a tenant, if heritable and transferable.
Section 26.Prohibition against certain kind of transfer or sub-lease.
Section 27.Right to sub-let.

DEVOLUTION, TRANSFER, EXTINOTION, DIVISION, EXCHANGE AND ACQUISITION — Extinction of tenancies

Section 28.Tenancy, when extinguished.
Section 29.Life tenancy of female, when extinguished.
Section 30.Rights of sub-tenant on extinction of tenant‟s interest.
Section 31.Vacating of holding on extinction of right.
Section 32.Possession of land not vacated.

DEVOLUTION, TRANSFER, EXTINOTION, DIVISION, EXCHANGE AND ACQUISITION — Division, exchange and acquisition of holdings

Section 33.Division of holdings.
Section 34.Co-tenant‟s right to claim division of produce.
Section 35.Right of tenant in land received in exchange.
Section 36.Exchange of land for consolidation of cultivated area.
Section 37.Acquisition of land by the landlord for certain purposes.
Section 38.Decision of certain disputes arising out of acquisition proceedings.
Section 39.Reinstatement of tenant ejected under section 37.
Section 40.Acquisition of proprietary right by tenant.

GENERAL PROVISIONS RELATING TO TENANCIES — Leases

Section 41.Right to written lease and procedure to obtain it.
Section 42.Registration of leases.

GENERAL PROVISIONS RELATING TO TENANCIES — Declaration of rights

Section 43.Declaration of rights in certain cases.

GENERAL PROVISIONS RELATING TO TENANCIES — Improvements

Section 44.Right of certain tenants to make improvements.
Section 45.Right of non-occupancy tenants to make improvements.
Section 46.Right of landlord to make Improvement.
Section 47.Provision when both landlord and tenant want to make the same improvement.
Section 48.Restrictions on making improvement.
Section 49.Compensation for improvement, when permissible.
Section 50.Determination of compensation.
Section 51.Works benefiting other land.
Section 52.Disputes as regards improvements.

GENERAL PROVISIONS RELATING TO TENANCIES — Trees

Section 53.Right of tenant paying fixed money rent to plant tree.
Section 54.Right of a tenant paying batai or bighori to plant tree.
Section 55.Tenant‟s rights in tree existing at the commencement of the Act.
Section 56.Decision of disputes regarding trees.

GENERAL PROVISIONS RELATING TO TENANCIES — Surrender and abandonment

Section 57.Surrender by tenant.
Section 58.Abandonment.
Section 59.Taking possession of holding surrendered or abandoned.
Section 60.Dispute arising out of surrender and abandonment of land.

PREMIA AND OTHER LEVIES

Section 61.Acceptance of premium; how far permissible.
Section 62.Lag, neg and cess.

RENT AND ITS RECOVERY — PART I.—Basic rent of tenants

Section 63.Liability for payment of rent.
Section 64.Scale of rent for different classes of tenants.
Section 65.Status and liability of person permitted to retain possession.

RENT AND ITS RECOVERY — PART II—Payment and recovery of rent General provisions

Section 66.Hypothecation of produce towards payment of rent.
Section 67.Procedure when produce is attached by civil or revenue court.
Section 68.Right of landlord to collect rent from cultivator.
Section 69.No cartage allowed.
Section 70.Presumption as to payment by tenant and application of such payment.
Section 71.Modes of making payment of money rent.
Section 72.Right to get receipt.
Section 73.Penalty for not issuing proper receipt.
Section 74.Obligation of Chief Commissioner to print and supply books of receipt.
Section 75.Penalty for non-production of receipt book with counterfoils.
Section 76.Rights and liabilities in respect of produce.
Section 77.Application for officer to make division.
Section 78.Application for kuta.
Section 79.Procedure on application.
Section 80.Collector to publish return of current prices.
Section 81.Assessment of bighori by court.
Section 82.Commutation of batai rent into bighori in certain cases.
Section 83.Payment of commuted rent.

RENT AND ITS RECOVERY — Arrears

Section 84.Rent when and how payable.
Section 85.Claim for arrears of rent.
Section 86.Interest in cases of arrears of rent.
Section 87.Landlord‟s power to charge irrigation dues.
Section 88.Method of recovering sayar.
Section 89.Realisation of sayar as arrears of revenue.

RENT AND ITS RECOVERY — PART III.—Emergency provision

Section 90.Recovery of arrears in the event of general refusal to pay.

RENT AND ITS RECOVERY — PART IV.—Payment of revenue by biswadars to jagirdars and muafidars

Section 91.Application of certain sections to biswadars.

EJECTMENT OF TENANTS — General

Section 92.Arrears deemed satisfied when tenant is ejected.
Section 93.Decree for arrears, how executed.
Section 94.Adjustment of arrears and compensation on ejectment.
Section 95.Entry of landholder on land from which tenant is ordered to be ejected.

EJECTMENT OF TENANTS — Grounds of ejectment

Section 96.Grounds of ejectment.
Section 97.Special grounds of ejectment of non-occupancy tenants.
Section 98.Procedure in ejectment for decreed arrears.
Section 99.Procedure for ejectment on other grounds.
Section 100.Application for ejectment of non-occupancy tenant.
Section 101.Procedure on application.

EJECTMENT OF TENANTS — Remedies for wrongful ejectment

Section 102.Remedies for wrongful ejectment.
Section 103.Procedure on application.

EJECTMENT OF TENANTS — Ejectment of person occupying land without title

Section 104.Ejectment of person occupying land without title.
Section 105.Procedure on application.
Section 106.Consequences of failure to file application under section 102 or 104.
Section 107.No separate relief claimable, if not claimed in revenue court.

COMPENSATION AND PENALTIES

Section 108.Tenant‟s right to claim inquiry for illegal exaction and other matters.
Section 109.Power to award compensation in proceedings for arrears of rent.
Section 110.Prosecution of landholder for illegal exaction.
Section 111.Compensation for exaction by landholder and for false complaint by tenant.
Section 112.Penalty for habitual infringement of rights of tenant.
Section 113.Penalty for illegal entry on a holding.
Section 114.Compensation, how realisable.

GRANTS

Section 115.Exemption of muafidar.
Section 116.Interpretation.
Section 117.Grant which cannot be resumed.
Section 118.Grounds on which certain grants may be resumed.
Section 119.How to deal with resumable grant.
Section 120.Application of certain Chapters and sections to grantees.
Section 121.Grants, how far transferable.
Section 122.Void transactions.
Section 123.Power to hear cases of grantees.

PREPARATION OF RECORD-OF-RIGHTS AND DETERMINATION AND MODIFICATION OF RENT AND RENT-RATES

Section 124.Applicability of Part III.

PREPARATION OF RECORD-OF-RIGHTS AND DETERMINATION AND MODIFICATION OF RENT AND RENT-RATES — PART I.—Preparation and maintenance of maps and records

Section 125.Power to form and alter Patwaris circles.
Section 126.Appointment of patwaris.
Section 127.Appointment of girdawars.
Section 128.Cadre and pay of girdawars and patwaris.
Section 129.Girdawars and patwaris to be public servants.
Section 130.Maintenance of maps and fieldbooks.
Section 131.Obligation of owners as to boundary marks.
Section 132.Record-of-rights.
Section 133.Contents of certain registers.
Section 134.Registers of revenue-paying, revenue-assigned and revenue-free villages.
Section 135.The annual registers.
Section 136.Obligation to furnish information necessary for compilation of certain record-of-rights.
Section 137.Decision of disputes.
Section 138.Inquiry into cases.
Section 139.Certain decisions, no bar to civil suit.
Section 140.Value of entries and decisions in contested cases.
Section 141.Appointment and punishment of lambardars and patels.

PREPARATION OF RECORD-OF-RIGHTS AND DETERMINATION AND MODIFICATION OF RENT AND RENT-RATES — PART II. —Record and rent-rate operations and the appointment of officers

Section 142.Record and rent-rate operations.
Section 143.Powers of the record officer, assistant record officer and rent-rate officer.
Section 144.Sanctioned rates.
Section 145.Duration of rent-rates.

PREPARATION OF RECORD-OF-RIGHTS AND DETERMINATION AND MODIFICATION OF RENT AND RENT-RATES — Procedure in determining cash rent-rates

Section 146.Circle and soil classification.
Section 147.Basis of rates for hereditary tenants.
Section 148.Provision for rates in special cases.
Section 149.Procedure in publishing and sanctioning rates.
Section 150.Civil suit relating to record-of-rights and certain other matters barred.

PREPARATION OF RECORD-OF-RIGHTS AND DETERMINATION AND MODIFICATION OF RENT AND RENT-RATES — PART III.—Commutation, abatement, enhancement, and determination of rent

Section 151.Commutation of rent from kind to cash.
Section 152.Commutation of rent from cash to kind.
Section 153.Grounds of abatement of fixed money rent.
Section 154.Ground of enhancement of fixed money rent.
Section 155.Order for determination, commutation or variation of rent, when to take effect.
Section 156.Joinder of parties in cases relating to variation of rent.
Section 157.Determination of rent on partial ejectment.
Section 158.Rent, how calculated for commutation, variation or determination.
Section 159.Meaning of “substantial” in certain sections.
Section 160.Basis of variation of rent in certain cases.
Section 161.Period for which rent is not liable to modification.
Section 162.Applications for variation of rent, by whom to be entertained.

EXTRAORDINARY AND EMERGENCY PROVISIONS

Section 163.Provision of rent and revenue in an emergency.
Section 164.Remission or suspension of rent in agricultural calamities.
Section 165.Bar to collection of rent remitted or suspended.
Section 166.Period of suspension to be excluded in computing period of limitation.
Section 167.Remission for calamity by court decreeing claim for arrears.
Section 168.Jurisdiction of certain courts excluded in cases of remission and suspension of rent or revenue.

PROCEDURE AND JURISDICTION OF COURTS — General provisions

Section 169.Cases cognizable by revenue courts.
Section 170.Procedure of revenue courts.
Section 171.Application of Indian Limitation Act, 1908.
Section 172.Limitation in cases under this Act.
Section 173.Payment of court-fees under this Act.

PROCEDURE AND JURISDICTION OF COURTS — Subordination of courts

Section 174.Subordination of courts.

PROCEDURE AND JURISDICTION OF COURTS — Powers of courts and places for holding courts

Section 175.Place of sitting of revenue courts.
Section 176.Chief Commissioner‟s power to confer powers.
Section 177.Collector‟s power to place assistant commissioner in charge of subdivision.
Section 178.Collector‟s powers to authorise certain courts to entertain and dispose of applications.
Section 179.Powers of revenue courts to refer cases for investigation and report.
Section 180.Powers of Chief Commissioner to create shamlat committee and courts.

PROCEDURE AND JURISDICTION OF COURTS — Confirmation of orders

Section 181.Decree or order to be final in certain circumstances.
Section 182.Submission to confirming court.
Section 183.Form of decree or order to be submitted for confirmation.
Section 184.Procedure for confirmation.

PROCEDURE AND JURISDICTION OF COURTS — Review

Section 185.Review by the Chief Commissioner.
Section 186.Review by other courts.

PROCEDURE AND JURISDICTION OF COURTS — Revision

Section 187.Revision.

PROCEDURE AND JURISDICTION OF COURTS — Transfer of cases

Section 188.Power to transfer cases.
Section 189.Power of collector to transfer and withdraw cases.
Section 190.Sub-divisional officer‟s power to transfer cases.
Section 191.Power of record officer to transfer and withdraw cases.
Section 192.Transfer of cases by the district judge.

PROCEDURE AND JURISDICTION OF COURTS — Question of proprietary right in revenue court

Section 193.Dispute as regards ownership of land.
Section 194.Procedure when plea of proprietary right raised in revenue court.

PROCEDURE AND JURISDICTION OF COURTS — Question of tenancy right in civil courts

Section 195.Procedure when plea of tenancy raised in civil court.

PROCEDURE AND JURISDICTION OF COURTS — Conflict of jurisdiction

Section 196.Reference to Judicial Commissioner.

MISCELLANEOUS PROVISIONS

Section 197.Provision for injunction and appointment of receiver.
Section 198.Cases in which legal practitioners may appear.
Section 199.Persons who may appear before a revenue court.
Section 200.Costs in revenue courts.
Section 201.Power of revenue court to summon persons.
Section 202.Mode of service of summons or notice.

POWER TO MAKE RULES

Section 203.Power to make rules.

TRANSITIONAL PROVISIONS

Section 204.Reinstatement of tenant ejected before commencement of this Act.
Section 205.Provision for pending and other cases.