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TENANCY LAWS B. VENKATESWARA RAO, District Revenue Officer (Retd.) CONSULTANT, AMR-APARD, Rajendranagar, Hyderabad-500 030.
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OBJECTIVES OF TENANCY LEGISLATION Inclusive definition of Tenancy Security of tenure Fair rent Right/first option to purchase at a reasonable price Forum/Tribunal for enforcement of provisions, Appellate Authority etc.,
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OBJECTIVES OF TENANCY LEGISLATION – STATUTORY PROVISIONS IN ANDHRA & TELANGANA AREAS 1.Inclusive definition tenancy Cultivation of land belonging to Lessee or deemed tenant Another under an agreement lawful cultivation of Express or implied – S2© another’s land –Ss2(V),5
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OBJECTIVES OF TENANCY LEGISLATION – STATUTORY PROVISIONS IN ANDHRA & TELANGANA AREAS 2. Security of tenure Leases subsisting on 1.7.80 deemedProtected tenants, to be in perpetuity – S10(i)perpetual, heritable tenancy -Post 1.7.80 –minimum period of-Ss34,37,37A lease shall be 6 years – S10(2)Minimum lease period -Renewable - S10(3)period 5 years -Heritable – S10(5)renewable – S7 -Security for loans – S10(4) -Change in ownership not to affect tenancy – S11 -Resumption by landlord only for-similar provisions personal cultivation or on other specific grounds, with ceilings on extent – S12
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OBJECTIVES OF TENANCY LEGISLATION – STATUTORY PROVISIONS IN ANDHRA & TELANGANA AREAS 3.Fair rent Maximum – 30% of gross produceMaximum rent in irrigated land, 20% in unprescribed in terms of irrigated land – cultivation multiples of land revenue expenses by tenant – Govt.dues including water rate by landlord-S3-Similar provisions Subject to agreement Ss(4,5) Option for determination of faire rent by Tribunal – S6 Remission in case of crop failure through Tribunal –S7
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OBJECTIVES OF TENANCY LEGISLATION – STATUTORY PROVISIONS IN ANDHRA & TELANGANA AREAS 4.Right/first option to purchase S.15-First option to purchase at a reasonable pricesite on while dwelling house is built by tenant - S21 -Right to protected tenant to purchase land –S38 -Transfer of ownership of lands to protected tenants from notified date 1.1.73 - S38 E
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OBJECTIVES OF TENANCY LEGISLATION – STATUTORY PROVISIONS IN ANDHRA & TELANGANA AREAS 5.Forum/Tribunal forSpecial Officer (Dist.Munsiff Court) Tahsildar enforcement of provisions,Adjudication – S16 Filing of lease deed with Appellate Authority etc., Resumption/Termination - Ss12,13 Tahsildar – S9 Termination – S19 Possession – S32
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