Ajmer Tenancy and Land Records Act, 1950

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

Act Id	ajmer-tenancy-and-land-records-act
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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