The AJMER TENANCY AND LAND RECORDS ACT, 1950

PRELIMINARY

Section 1 — Short title, extent and commencement.

(1) This Act may be called the Ajmer Tenancy and Land Records Act, 1950.

(2) It extends to the whole of the State of Ajmer.

(3) It shall come into force at once, except Part III of Chapter XII which shall come into force on such date as the Chief Commissioner may, by notification in the Official Gazette, appoint in this behalf.

Browse all 207 sections
  1. 1.Short title, extent and commencement.
  2. 2.Repeal.
  3. 3.Savings.
  4. 4.Definitions.
  5. 5.Power of landlord and tenant to act through agent.
  6. 6.Primary rights of tenant.
  7. 7.Prohibition of certain acts.
  8. 8.Prohibition against deprivation of certain rights.
  9. 9.Certain rights of landlord.
  10. 10.Definition.
  11. 11.Application for demarcation.
  12. 12.Order of demarcation of niji jot.
  13. 13.Demarcation.
  14. 14.Status of tenant of niji jot.
  15. 15.Succession to niji jot.
  16. 16.Collector‟s powers to let to tenants.
  17. 17.Classes of tenants.
  18. 18.Occupancy tenants.
  19. 19.Exproprietary tenants.
  20. 20.Acquisition of exproprietary rights.
  21. 21.Relinquishment of exproprietary rights.
  22. 22.Hereditary tenants.
  23. 23.Land in which hereditary rights shall not accrue.
  24. 24.Non-occupancy tenants.
  25. 25.Interest of a tenant, if heritable and transferable.
  26. 26.Prohibition against certain kind of transfer or sub-lease.
  27. 27.Right to sub-let.
  28. 28.Tenancy, when extinguished.
  29. 29.Life tenancy of female, when extinguished.
  30. 30.Rights of sub-tenant on extinction of tenant‟s interest.
  31. 31.Vacating of holding on extinction of right.
  32. 32.Possession of land not vacated.
  33. 33.Division of holdings.
  34. 34.Co-tenant‟s right to claim division of produce.
  35. 35.Right of tenant in land received in exchange.
  36. 36.Exchange of land for consolidation of cultivated area.
  37. 37.Acquisition of land by the landlord for certain purposes.
  38. 38.Decision of certain disputes arising out of acquisition proceedings.
  39. 39.Reinstatement of tenant ejected under section 37.
  40. 40.Acquisition of proprietary right by tenant.
  41. 41.Right to written lease and procedure to obtain it.
  42. 42.Registration of leases.
  43. 43.Declaration of rights in certain cases.
  44. 44.Right of certain tenants to make improvements.
  45. 45.Right of non-occupancy tenants to make improvements.
  46. 46.Right of landlord to make Improvement.
  47. 47.Provision when both landlord and tenant want to make the same improvement.
  48. 48.Restrictions on making improvement.
  49. 49.Compensation for improvement, when permissible.
  50. 50.Determination of compensation.
  51. 51.Works benefiting other land.
  52. 52.Disputes as regards improvements.
  53. 53.Right of tenant paying fixed money rent to plant tree.
  54. 54.Right of a tenant paying batai or bighori to plant tree.
  55. 55.Tenant‟s rights in tree existing at the commencement of the Act.
  56. 56.Decision of disputes regarding trees.
  57. 57.Surrender by tenant.
  58. 58.Abandonment.
  59. 59.Taking possession of holding surrendered or abandoned.
  60. 60.Dispute arising out of surrender and abandonment of land.
  61. 61.Acceptance of premium; how far permissible.
  62. 62.Lag, neg and cess.
  63. 63.Liability for payment of rent.
  64. 64.Scale of rent for different classes of tenants.
  65. 65.Status and liability of person permitted to retain possession.
  66. 66.Hypothecation of produce towards payment of rent.
  67. 67.Procedure when produce is attached by civil or revenue court.
  68. 68.Right of landlord to collect rent from cultivator.
  69. 69.No cartage allowed.
  70. 70.Presumption as to payment by tenant and application of such payment.
  71. 71.Modes of making payment of money rent.
  72. 72.Right to get receipt.
  73. 73.Penalty for not issuing proper receipt.
  74. 74.Obligation of Chief Commissioner to print and supply books of receipt.
  75. 75.Penalty for non-production of receipt book with counterfoils.
  76. 76.Rights and liabilities in respect of produce.
  77. 77.Application for officer to make division.
  78. 78.Application for kuta.
  79. 79.Procedure on application.
  80. 80.Collector to publish return of current prices.
  81. 81.Assessment of bighori by court.
  82. 82.Commutation of batai rent into bighori in certain cases.
  83. 83.Payment of commuted rent.
  84. 84.Rent when and how payable.
  85. 85.Claim for arrears of rent.
  86. 86.Interest in cases of arrears of rent.
  87. 87.Landlord‟s power to charge irrigation dues.
  88. 88.Method of recovering sayar.
  89. 89.Realisation of sayar as arrears of revenue.
  90. 90.Recovery of arrears in the event of general refusal to pay.
  91. 91.Application of certain sections to biswadars.
  92. 92.Arrears deemed satisfied when tenant is ejected.
  93. 93.Decree for arrears, how executed.
  94. 94.Adjustment of arrears and compensation on ejectment.
  95. 95.Entry of landholder on land from which tenant is ordered to be ejected.
  96. 96.Grounds of ejectment.
  97. 97.Special grounds of ejectment of non-occupancy tenants.
  98. 98.Procedure in ejectment for decreed arrears.
  99. 99.Procedure for ejectment on other grounds.
  100. 100.Application for ejectment of non-occupancy tenant.
  101. 101.Procedure on application.
  102. 102.Remedies for wrongful ejectment.
  103. 103.Procedure on application.
  104. 104.Ejectment of person occupying land without title.
  105. 105.Procedure on application.
  106. 106.Consequences of failure to file application under section 102 or 104.
  107. 107.No separate relief claimable, if not claimed in revenue court.
  108. 108.Tenant‟s right to claim inquiry for illegal exaction and other matters.
  109. 109.Power to award compensation in proceedings for arrears of rent.
  110. 110.Prosecution of landholder for illegal exaction.
  111. 111.Compensation for exaction by landholder and for false complaint by tenant.
  112. 112.Penalty for habitual infringement of rights of tenant.
  113. 113.Penalty for illegal entry on a holding.
  114. 114.Compensation, how realisable.
  115. 115.Exemption of muafidar.
  116. 116.Interpretation.
  117. 117.Grant which cannot be resumed.
  118. 118.Grounds on which certain grants may be resumed.
  119. 119.How to deal with resumable grant.
  120. 120.Application of certain Chapters and sections to grantees.
  121. 121.Grants, how far transferable.
  122. 122.Void transactions.
  123. 123.Power to hear cases of grantees.
  124. 125.Power to form and alter Patwaris circles.
  125. 126.Appointment of patwaris.
  126. 127.Appointment of girdawars.
  127. 128.Cadre and pay of girdawars and patwaris.
  128. 129.Girdawars and patwaris to be public servants.
  129. 130.Maintenance of maps and fieldbooks.
  130. 131.Obligation of owners as to boundary marks.
  131. 132.Record-of-rights.
  132. 133.Contents of certain registers.
  133. 134.Registers of revenue-paying, revenue-assigned and revenue-free villages.
  134. 135.The annual registers.
  135. 136.Obligation to furnish information necessary for compilation of certain record-of-rights.
  136. 137.Decision of disputes.
  137. 138.Inquiry into cases.
  138. 139.Certain decisions, no bar to civil suit.
  139. 140.Value of entries and decisions in contested cases.
  140. 141.Appointment and punishment of lambardars and patels.
  141. 142.Record and rent-rate operations.
  142. 143.Powers of the record officer, assistant record officer and rent-rate officer.
  143. 144.Sanctioned rates.
  144. 145.Duration of rent-rates.
  145. 146.Circle and soil classification.
  146. 147.Basis of rates for hereditary tenants.
  147. 148.Provision for rates in special cases.
  148. 149.Procedure in publishing and sanctioning rates.
  149. 150.Civil suit relating to record-of-rights and certain other matters barred.
  150. 151.Commutation of rent from kind to cash.
  151. 152.Commutation of rent from cash to kind.
  152. 153.Grounds of abatement of fixed money rent.
  153. 154.Ground of enhancement of fixed money rent.
  154. 155.Order for determination, commutation or variation of rent, when to take effect.
  155. 156.Joinder of parties in cases relating to variation of rent.
  156. 157.Determination of rent on partial ejectment.
  157. 158.Rent, how calculated for commutation, variation or determination.
  158. 159.Meaning of “substantial” in certain sections.
  159. 160.Basis of variation of rent in certain cases.
  160. 161.Period for which rent is not liable to modification.
  161. 162.Applications for variation of rent, by whom to be entertained.
  162. 124.Applicability of Part III.
  163. 163.Provision of rent and revenue in an emergency.
  164. 164.Remission or suspension of rent in agricultural calamities.
  165. 165.Bar to collection of rent remitted or suspended.
  166. 166.Period of suspension to be excluded in computing period of limitation.
  167. 167.Remission for calamity by court decreeing claim for arrears.
  168. 168.Jurisdiction of certain courts excluded in cases of remission and suspension of rent or revenue.
  169. 169.Cases cognizable by revenue courts.
  170. 170.Procedure of revenue courts.
  171. 171.Application of Indian Limitation Act, 1908.
  172. 172.Limitation in cases under this Act.
  173. 173.Payment of court-fees under this Act.
  174. 174.Subordination of courts.
  175. 175.Place of sitting of revenue courts.
  176. 176.Chief Commissioner‟s power to confer powers.
  177. 177.Collector‟s power to place assistant commissioner in charge of subdivision.
  178. 178.Collector‟s powers to authorise certain courts to entertain and dispose of applications.
  179. 179.Powers of revenue courts to refer cases for investigation and report.
  180. 180.Powers of Chief Commissioner to create shamlat committee and courts.
  181. 181.Decree or order to be final in certain circumstances.
  182. 182.Submission to confirming court.
  183. 183.Form of decree or order to be submitted for confirmation.
  184. 184.Procedure for confirmation.
  185. 185.Review by the Chief Commissioner.
  186. 186.Review by other courts.
  187. 187.Revision.
  188. 188.Power to transfer cases.
  189. 189.Power of collector to transfer and withdraw cases.
  190. 190.Sub-divisional officer‟s power to transfer cases.
  191. 191.Power of record officer to transfer and withdraw cases.
  192. 192.Transfer of cases by the district judge.
  193. 193.Dispute as regards ownership of land.
  194. 194.Procedure when plea of proprietary right raised in revenue court.
  195. 195.Procedure when plea of tenancy raised in civil court.
  196. 196.Reference to Judicial Commissioner.
  197. 197.Provision for injunction and appointment of receiver.
  198. 198.Cases in which legal practitioners may appear.
  199. 199.Persons who may appear before a revenue court.
  200. 200.Costs in revenue courts.
  201. 201.Power of revenue court to summon persons.
  202. 202.Mode of service of summons or notice.
  203. 203.Power to make rules.
  204. 204.Reinstatement of tenant ejected before commencement of this Act.
  205. 205.Provision for pending and other cases.
  206. SCH-THE FIRST SCHEDULE.THE FIRST SCHEDULE
  207. SCH-THE SECOND SCHEDULE.THE SECOND SCHEDULE