| Contents: |
| Sections: |
Parteiculars: |
| Title |
The Ajmer Tenancy and Land Records Act, 1950 |
| Chapter I |
Preliminary |
| 1. |
Short title, extent and commencement |
| 2. |
Repeal |
| 3. |
Savings |
| 4. |
Definitions |
| 5. |
Power of landt through agent |
| Chapter II |
Primary Rights |
| 6. |
Primary rights of tenant |
| 7. |
Prohibition of certain acts |
| 8. |
Prohibition agrights |
| 9. |
Certain rights of landlord |
| Chapter III |
Niji Jot |
| 10. |
Definition |
| 11. |
Application for demarcation |
| 12. |
Order of demarcation of niji jot |
| 13. |
Demarcation |
| 14. |
Status of tenant of niji jot |
| 15. |
Succession to niji jot |
| 16. |
Collector's powers to let to tenants |
| Chapter IV |
Classes of Tenants |
| 17. |
Classes of tenants |
| 18. |
Occupancy tenants |
| 19. |
Exproprietary tenants |
| 20. |
Acquisition of exproprietary rights |
| 21. |
Relinquishment of exproprietary rights |
| 22. |
Hereditary tenants |
| 23. |
Land in which hereditary rights shall not accrue |
| 24. |
Non-occupancy tenants |
| Chapter V |
Devolution, Transfer, Extinotion, Division, Exchange and Acquisition |
|
Devolution and transfer of tenancies |
| 25. |
Interest of a tenant, if heritable and transferable |
| 26. |
Prohibition against certain kind of transfer or sub-lease |
| 27. |
Right to sub-let |
|
Extinction of tenancies |
| 28. |
Tenancy, when extinguished |
| 29. |
Life tenancy of female, when extinguished |
| 30. |
Rights of sub-tenant on extinction of tenant's interest |
| 31. |
Vacating of holding on extinction of right |
| 32. |
Possession of land not vacated |
|
Division, exchange and acquisition of holdings |
| 33. |
Division of holdings |
| 34. |
Co-tenant's right to claim division of produce |
| 35. |
Right of tenant in land received in exchange |
| 36. |
Exchange of land for consolidation of cultivated area |
| 37. |
Acquisition of land by the landlord for certain purposes |
| 38. |
Decision of certain disputes arising out of acquisition proceedings |
| 39. |
Reinstatement of tenant ejected under section 37 |
| 40. |
Acquisition of proprietary right by tenant |
| Chapter VI |
General Provisions Relating to Tenancies |
|
Leases |
| 41. |
Right to written lease and procedure to obtain it |
| 42. |
Registration of leases |
|
Declaration of rights |
| 43. |
Declaration of rights in certain cases |
|
Improvements |
| 44. |
Right of certain tenants to make improvements |
| 45. |
Right of non-occupancy tenants to make improvements |
| 46. |
Right of landlord to make Improvement |
| 47. |
Provision when both landlord and tenant want to make the same improvement |
| 48. |
Restrictions on making improvement |
| 49. |
Compensation for improvement, when permissible |
| 50. |
Determination of compensation |
| 51. |
Works benefiting other land |
| 52. |
Disputes as regards improvements |
|
Trees |
| 53. |
Right of tenant paying fixed money rent to plant tree |
| 54. |
Right of a tenant paying batai or bighori to plant tree |
| 55. |
Tenant's rights in tree existing at the commencement of the Act |
| 56. |
Decision of disputes regarding trees |
|
Surrender and abandonment |
| 57. |
Surrender by tenant |
| 58. |
Abandonment |
| 59. |
Taking possession of holding surrendered or abandoned |
| 60. |
Dispute arising out of surrender and abandonment of land |
| Chapter VII |
Premia and other levies |
| 61. |
Acceptance of premium; how far permissible |
| 62. |
Lag, neg and cess |
| Chapter VIII |
Rent and its Recovery |
| Part I |
Basic rent of tenants |
| 63. |
Liability for payment of rent |
| 64. |
Scale of rent for different classes of tenants |
| 65. |
Status and liability of person permitted to retain possession |
| Part II |
Payment and Recovery of Rent |
|
General provisions |
| 66. |
Hypothecation of produce towards payment of rent |
| 67. |
Procedure when produce is attached by civil or revenue court |
| 68. |
Right of landlord to collect rent from cultivator |
| 69. |
No cartage allowed |
| 70. |
Presumption as to payment by tenant and application of such payment |
| 71. |
Modes of making payment of money rent |
| 72. |
Right to get receipt |
| 73. |
Penalty for not issuing proper receipt |
| 74. |
Obligation of Chief Commissioner to print and supply books of receipt |
| 75. |
Penalty for non-production of receipt book with counterfoils |
| 76. |
Rights and liabilities in respect of produce |
| 77. |
Application for officer to make division |
| 78. |
Application for kuta |
| 79. |
Procedure on application |
| 80. |
Collector to publish return of current prices |
| 81. |
Assessment of bighori by court |
| 82. |
Commutation of batai rent into bighori in certain cases |
| 83. |
Payment of commuted rent |
|
Arrears |
| 84. |
Rent when and how payable |
| 85. |
Claim for arrears of rent |
| 86. |
Interest in cases of arrears of rent |
| 87. |
Landlord's power to charge irrigation dues |
| 88. |
Method of recovering sayar |
| 89. |
Realisation of sayar as arrears of revenue |
| Part III |
Emergency provision |
| 90. |
Recovery of arrears in the event of general refusal to pay |
| Part IV |
Payment of revenue by biswadars to jagirdars and muafidars |
| 91. |
Application of certain sections to biswadars |
| Chapter IX |
Ejectment of Tenants |
|
General |
| 92. |
Arrears deemed satisfied when tenant is ejected |
| 93. |
Decree for arrears, how executed |
| 94. |
Adjustment of arrears and compensation on ejectment |
| 95. |
Entry of landholder on land from which tenant is ordered to be ejected |
|
Grounds of ejectment |
| 96. |
Grounds of ejectment |
| 97. |
Special grounds of ejectment of non-occupancy tenants |
| 98. |
Procedure in ejectment for decreed arrears |
| 99. |
Procedure for ejectment on other grounds |
| 100. |
Application for ejectment of non-occupancy tenant |
| 101. |
Procedure on application |
|
Remedies for wrongful ejectment |
| 102. |
Remedies for wrongful ejectment |
| 103. |
Procedure on application |
|
Ejectment of person occupying land without title |
| 104. |
Ejectment of person occupying land without title |
| 105. |
Procedure on application |
| 106. |
Consequences of failure to file application under section 102 or 104 |
| 107. |
No separate relief claimable, if not claimed in revenue court |
| Chapter X |
Compensation and Penalties |
| 108. |
Tenant's right to claim inquiry for illegal exaction and other matters |
| 109. |
Power to award compensation in proceedings for arrears of rent |
| 110. |
Prosecution of landholder for illegal exaction |
| 111. |
Compensation for exaction by landholder and for false complaint by tenant |
| 112. |
Penalty for habitual infringement of rights of tenant |
| 113. |
Penalty for illegal entry on a holding |
| 114. |
Compensation, how realisable |
| Chapter XI |
Grants |
| 115. |
Exemption of muafidar |
| 116. |
Interpretation |
| 117. |
Grant which cannot be resumed |
| 118. |
Grounds on which certain grants may be resumed |
| 119. |
How to deal with resumable grant |
| 120. |
Application of certain Chapters and sections to grantees |
| 121. |
Grants, how far transferable |
| 122. |
Void transactions |
| 123. |
Power to hear cases of grantees |
| Chapter XII |
Preparation of Record-of-Rights and Determination and Modification of Rent and Rent-Rates |
| 124. |
Applicability of Part III |
| Part I |
Preparation and maintenance of maps and records |
| 125. |
Power to form and alter Patwaris circles |
| 126. |
Appointment of patwaris |
| 127. |
Appointment of girdawars |
| 128. |
Cadre and pay of girdawars and patwaris |
| 129. |
Girdawars and patwaris to be public servants |
| 130. |
Maintenance of maps and fieldbooks |
| 131. |
Obligation of owners as to boundary marks |
| 132. |
Record-of-rights |
| 133. |
Contents of certain registers |
| 134. |
Registers of revenue-paying, revenue-assigned and revenue-free villages |
| 135. |
The annual registers |
| 136. |
Obligation to furnish information necessary for compilation of certain record-of-rights |
| 137. |
Decision of disputes |
| 138. |
Inquiry into cases |
| 139. |
Certain decisions, no bar to civil suit |
| 140. |
Value of entries and decisions in contested cases |
| 141. |
Appointment and punishment of lambardars and patels |
| Part II |
Record and rent-rate operations and the appointment of officers |
| 142. |
Record and rent-rate operations |
| 143. |
Powers of the record officer, assistant record officer and rent-rate officer |
| 144. |
Sanctioned rates |
| 145. |
Duration of rent-rates |
|
Procedure in determining cash rent-rates |
| 146. |
Circle and soil classification |
| 147. |
Basis of rates for hereditary tenants |
| 148. |
Provision for rates in special cases |
| 149. |
Procedure in publishing and sanctioning rates |
| 150. |
Civil suit relating to record-of-rights and certain other matters barred |
| Part III |
Commutation, abatement, enhancement, and determination of rent |
| 151. |
Commutation of rent from kind to cash |
| 152. |
Commutation of rent from cash to kind |
| 153. |
Grounds of abatement of fixed money rent |
| 154. |
Ground of enhancement of fixed money rent |
| 155. |
Order for determination, commutation or variation of rent, when to take effect |
| 156. |
Joinder of parties in cases relating to variation of rent |
| 157. |
Determination of rent on partial ejectment |
| 158. |
Rent, how calculated for commutation, variation or determination |
| 159. |
Meaning of "substantial" in certain sections |
| 160. |
Basis of variation of rent in certain cases |
| 161. |
Period for which rent is not liable to modification |
| 162. |
Applications for variation of rent, by whom to be entertained |
| Chapter XIII |
Extraordinary and Emergency Provisions |
| 163. |
Provision of rent and revenue in an emergency |
| 164. |
Remission or suspension of rent in agricultural calamities |
| 165. |
Bar to collection of rent remitted or suspended |
| 166. |
Period of suspension to be excluded in computing period of limitation |
| 167. |
Remission for calamity by court decreeing claim for arrears |
| 168. |
Jurisdiction of certain courts excluded in cases of remission and suspension of rent or revenue |
| Chapter XIV |
Procedure and Jurisdiction of Courts |
|
General Provisions |
| 169. |
Cases cognizable by revenue courts |
| 170. |
Procedure of revenue courts |
| 171. |
Application of Indian Limitation Act, 1908 |
| 172. |
Limitation in cases under this Act |
| 173. |
Payment of court-fees under this Act |
|
Subordination of courts |
| 174. |
Subordination of courts |
|
Powers of courts and places for holding courts |
| 175. |
Place of sitting of revenue courts |
| 176. |
Chief Commissioner's power to confer powers |
| 177. |
Collector's power to place assistant commissioner in charge of subdivision |
| 178. |
Collector's powers to authorise certain courts to entertain and dispose of applications |
| 179. |
Powers of revenue courts to refer cases for investigation and report |
| 180. |
Powers of Chief Commissioner to create shamlat committee and courts |
|
Confirmation of orders |
| 181. |
Decree or order to be final in certain circumstances |
| 182. |
Submission to confirming court |
| 183. |
Form of decree or order to be submitted for confirmation |
| 184. |
Procedure for confirmation |
|
Review |
| 185. |
Review by the Chief Commissioner |
| 186. |
Review by other courts |
|
Revision |
| 187. |
Revision |
|
Transfer of cases |
| 188. |
Power to transfer cases |
| 189. |
Power of collector to transfer and withdraw cases |
| 190. |
Sub-divisional office's power to transfer cases |
| 191. |
Power of record officer to transfer and withdraw cases |
| 192. |
Transfer of cases by the district judge |
|
Question of proprietary right in revenue court |
| 193. |
Dispute as regards ownership of land |
| 194. |
Procedure when plea of proprietary right raised in revenue court |
|
Question of tenancy right in civil courts |
| 195. |
Procedure when plea of tenancy raised in civil court |
|
Conflict of jurisdiction |
| 196. |
Reference to Judicial Commissioner |
| Chapter XV |
Miscellaneous Provisions |
| 197. |
Provision for injunction and appointment of receiver |
| 198. |
Cases in which legal practitioners may appear |
| 199. |
Persons who may appear before a revenue court |
| 200. |
Costs in revenue courts |
| 201. |
Power of revenue court to summon persons |
| 202. |
Mode of service of summons or notice |
| Chapter XVI |
Power to Make Rules |
| 203. |
Power to make rules |
| Chapter XVII |
Transitional Provisions |
| 204. |
Reinstatement of tenant ejected before commencement of this Act |
| 205. |
Provision for pending and other cases |
| The Schedules |
|
| Schedule I |
General |
|
Fee for occupation of house-site |
|
Grazing fee |
| Schedule II |
Names of Estates |
