Ajmer Tenancy and Land Records Act

An Act to declare and amend the law relating to agricultural tenancies, record-of-rights and certain other matters in Ajmer.

Act Id	195042
Act Number	42
Enactment Date	1950-05-10
Act Year	1950
Ministry	Ministry of Law and Justice
Enforcement Date	10-05-1950

PRELIMINARY
- 1 Short title, extent and commencement
- 2 Repeal
- 3 Savings
- 4 Definitions
- 5 Power of landlord and tenant to act through agent
PRIMARY RIGHTS
- 6 Primary rights of tenant
- 7 Prohibition of certain acts
- 8 Prohibition against deprivation of certain rights
- 9 Certain rights of landlord
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
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
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
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
PREMIA AND OTHER LEVIES
- 61 Acceptance of premium; how far permissible
- 62 Lag, neg and cess
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
- 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
General provisions
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
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
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
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
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
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
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
- 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 officer'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
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
POWER TO MAKE RULES
- 203 Power to make rules
TRANSITIONAL PROVISIONS
- 204 Reinstatement of tenant ejected before commencement of this Act
- 205 Provision for pending and other cases

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