The Rajasthan Tenancy Act 1955 Presented by Alo Dutt b.a.llb.

Introduction OBJECT: To consolidate and amend the law relating to tenancies of agriculture lands. To provide measures of land reform and matters connected their with. It extends to whole of the State of Rajasthan.

Important Definitions Agricultural Year [s.5(1)]: means the year commencing on the first day of July and ending on the thirtieth day of June next following. Agriculture [s.5(2)]: shall include horticulture, [cattle breeding, diary farming],[ poultry farming and forestry development]. Agriculturist [s.5(3)]: shall mean a person who by himself or by servants or tenants earns his livelihood wholly or partially by agriculture. Crops [S.5(9)]: shall include shrubs, bushes, plants and climbers such as roses bushes, betel plants, mehendi bushes plantains and papittas, but shall not include fodder and natural produce.

Cont.. Improvement[s.5(19)]: means, a dwelling house erected on the holding by the tenant for his own occupation or a cattle-shed or a store-house or any other construction for agriculture purposes, Any work which adds materially to the value of the holding, shall include: The construction of bunds, tanks wells, water channels, Construction of works for the drainage of land for its protection from floods or from erosion, The reclaiming, clearing, enclosing, levelling or terracing of land, Erection in the immediate vicinity of the holding, The renewal or reconstruction of any of the foregoing works, But shall not include such temporary wells, water channels, bunds, enclosures or other works as are made by tenant in the ordinary course of cultivation.

Cont… Rent [s.5(32)]: shall mean whatever is in cash or in kind or partly in cash and partly in kind payable on account of the use of occupation of land or on account of any right in land, unless the contrary intention appears, shall include sayer. Revenue [s.5(34)]: mean the annual demand payable directly to the state Government in respect of land or of any interest in or use of land and shall include assigned land revenue. Sayer [s.5(37)]: shall include whatever is to be paid by a lessee or licensee on account of the right to gather from unoccupied land such produce as grass, thatching grass, wood, fuel, fruit, lac, gum or the like or such refuses as bones or dung lying scattered on the surface or on account of fisheries or forest rights or the use of water for irrigation purposes from artificial sources.

Khudkasht (Section 9- 13) Khudkasht Right: ‘Khudkasht right’ means the rights conferred on holders of khudkasht by this Act and by any other law for the time being in force in the whole or any part of the State. Khudkasht right is not transferable except by exchange or by partition of the khudkasht or by gift for the purpose of maintenance.

Classes of Tenants As per Section 14, the following classes of tenants, namely: Khatedar tenants (section 15): Every person who acquires khatedari rights. Maliks: Every Zamindar or Biswedar whose estate is vested in the State Government under The Rajasthan Zamindari and Biswedari Abolition Act 1959. Tenants of Khudkasht: Every person to whom Khudkasht has been or is let out lawfully by an estateholder. Gair Khatedar tenants: Every tenant other than a khatedar tenant, a tenant of Khudkasht or sub-tenant.

Primary Rights of Tenants (section 31-37) Right to Residential House (S.31) Right to written Lease and counterparts. (S.32) Attestation of Lease in lieu of Registration.(S.33) Prohibition of premium or forced labour.(S.34) Prohibition of payment other than rent.(S.35) Use of materials.(S.36) Acquisition of Right to nalbat.(S.36A) Bar to seizure, attachment and sale by process of court.(S.37)

Devolution of Tenancies (Section 39-40) Bequest: A khatedar tenant may by will bequeath his interest in the holding of part thereof in accordance with the personal laws to which he is subject. (s. 39) Succession to tenants: When a tenant dies intestate, his interest shall devolve in accordance with the personal laws to which he was subject at the time of his death. (s.40)

Transfer of Tenancies (Section 41-47A) The interest of a khatedar tenant shall be transferable by way of sub-lease. The sale, gift or bequest by a khatedar tenants of his interest in the whole or part of his holding shall be void. But u/s 42-B it may be declared valid by the collector or any officer or authority on an application made to him. A khatedar tenant may transfer his interest in the whole or part of his holding in the form of usufructuary mortgage to any person and the mortgage amount shall be deemed to be paid of within a specified time not exceeding 5 years.

Exchange of Tenancies (Section 48-52) Tenant of the same class may exchange land which they hold from the same landholders with the written consent of such land holder. Exchange for Consolidation: A khatedar tenant who wishes to consolidate the area which he cultivates may supply to the Assistant Collector to exchange any portion of land which he cultivates for land cultivated by another khatedar tenant. Right of Tenant on Exchange: A tenant have same right in the land received in exchange as he had in the land given in exchange.

Surrender of Tenancies (Section 55-59) A tenant on or before 1st May surrender his holding by giving up possession thereof accompanied with a writing attested by the Tehsildar having jurisdiction or by the Chairman of a Municipal Board. Notice to landholder: at least 30 days before the 1st May of any Year. Surrender on Enhancement: when a decree or order for the enhancement of the rent of any holding is passed, the tenant thereof after sending the landlord a registered notice of his desire to surrender such holding at the date on which such enhancement takes effect surrender such holding accordingly and the tenant shall not be liable for the rent payable for such holding.

Abandonment of Tenancies (Section 60-64) A tenant who ceases to cultivate and leaves the neighbourhood shall not lose his interest in his holding if he leaves in charge thereof a person responsible for payment of rent as it falls due and gives written notice to the landlord of such arrangement. Rights of tenants presumed to have abandoned their holding on account of some widespread calamity such as drought, famine epidemic or for some other reasonable cause.

Cont… Tenancy when Extinguished (S.63): When he dies leaving no heir entitled to merit. When he surrenders or abandons. When his land has been acquired under the Land Acquisition Act, 1894. When he has been deprived of possession and his right to recover possession is barred by limitation. When he has been ejected there from. When he acquires or succeeds to all the rights therein of a landholder or the landholder inherits or otherwise acquires the same. When he sells or makes a gift. If he migrates from India to a foreign country without obtaining a valid passport or without lawful authority. if the allotment of land is cancelled.

Improvements (Section 65-78) The State Government is empowered to make any improvement on or affecting, any land through out the State. Right of Khatedar Tenant to make improvements. (s.66) Right of Landholders to make improvements.(s.67) Tehsildar shall not grant permission for work which Is not an improvement as defined in this Act. Is too costly for the purpose for which it is intended. Is not an improvement which the applicant is entitle to make, or Requires written consent under s.17 unless such consent has been previously obtained.

Cont… Right of other tenants to make improvements (s.70): A Gair Khatedar tenant or a tenant of Khudkasht or a sub-tenant can also make improvement, but shall not be entitled to any compensation on ejectment, unless they obtain a previous order of tehsildar or written permission of the holder of Khudkasht or Khatedar tenant for the purpose. A tenant making an improvement shall in the absence of a written agreement to the contrary shall be liable to pay the full rent of the holding.

Cont.. Compensation for Improvement [s.74]: A tenant who has made an improvement shall be entitle to compensation in the following cases namely- When a decree or order for his ejectment is passed, or When he has been wrongful dispossessed and has not recovered possession of his holding, or When he vacate the holding on the expiry of the term of his lease if the improvement was made under section 70.

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