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The Ajmer Tenancy and Land Records Act, 1950

[Act No. 42 of 1950]

[10th May, 1950.]

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
41. Right to written lease and procedure to obtain it
42. Registration of leases
Declaration of rights
43. Declaration of rights in certain cases
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
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
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
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
185. Review by the Chief Commissioner
186. Review by other courts
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

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