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 |