<–2/”>a >Rajasthan Tenancy Act, 1955
Important Definitions of the Act (Imp for Two markers)
Agricultural Year : 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-2/”>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.
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,
, e. 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.
? 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-2/”>Fisheries or forest rights or the use of water for Irrigation purposes from artificial sources.
? 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:
- a) Khatedar tenants (section 15 : Every person who acquires khatedari rights.
- b) Maliks Every Zamindar or Biswedar whose estate is vested in the State Government under The Rajasthan Zamindari and Biswedari Abolition Act 1959.
- c) Tenants of Khudkasht Every person to whom Khudkasht has been or is let out lawfully by an estateholder.
- d) 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 1 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 1 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.
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,
The Rajasthan Tenancy Act, 1955 is a law that governs the relationship between tenants and landlords in the state of Rajasthan. The Act was enacted to provide security of tenure to tenants and to regulate the rents that they pay. The Act also sets out the rights and duties of both tenants and landlords.
Chapter I of the Act deals with preliminary matters, such as the short title, extent, and commencement of the Act. Chapter II defines the terms used in the Act. Chapter III deals with tenants and landlords. Chapter IV sets out the rights and duties of tenants and landlords. Chapter V deals with the transfer of tenancies. Chapter VI deals with the eviction of tenants. Chapter VII deals with rent control. Chapter VIII deals with miscellaneous matters. Chapter IX deals with offences and penalties. Chapter X is supplemental. Schedule I contains forms that may be used under the Act. Schedule II contains tables that are referred to in the Act.
The Act applies to all agricultural land in the state of Rajasthan, except for land that is owned by the government or by a local authority. The Act also does not apply to land that is used for non-agricultural purposes, such as residential or commercial purposes.
The Act provides that a tenant is entitled to a tenancy of not less than three years. The tenant is also entitled to a renewal of his tenancy at the end of the three-year period, unless the landlord has a good reason for not renewing the tenancy. The landlord may only evict a tenant if he has a good reason for doing so, such as if the tenant has not paid his rent or if he has caused damage to the property.
The Act sets out the maximum rent that a landlord may charge a tenant. The rent is payable in advance, on a monthly basis. The tenant is also liable to pay a security deposit, which is refunded to him at the end of the tenancy, less any rent that is owed.
The Act provides for a number of remedies for tenants who have been wronged by their landlords. A tenant may apply to the court for an order restraining the landlord from evicting him, or for an order directing the landlord to pay him compensation. The tenant may also apply to the court for an order directing the landlord to carry out repairs to the property.
The Rajasthan Tenancy Act, 1955 is an important piece of legislation that protects the rights of tenants in the state of Rajasthan. The Act provides tenants with security of tenure and regulates the rents that they pay. The Act also sets out the rights and duties of both tenants and landlords.
The Rajasthan Tenancy Act, 1955 is a law that governs the relationship between landlords and tenants in the state of Rajasthan. The Act sets out the rights and obligations of both parties, and provides a framework for resolving disputes.
Some of the key provisions of the Act include:
- The right of tenants to cultivate the land they are leasing, and to receive a fair share of the produce.
- The obligation of landlords to maintain the land in good condition, and to provide basic amenities such as water and electricity.
- The right of tenants to be compensated for improvements they make to the land.
- The obligation of landlords to give tenants notice before terminating their tenancy.
The Act also provides for the establishment of tenancy courts, which are responsible for resolving disputes between landlords and tenants.
Here are some frequently asked questions about the Rajasthan Tenancy Act, 1955:
What is the Rajasthan Tenancy Act, 1955?
The Rajasthan Tenancy Act, 1955 is a law that governs the relationship between landlords and tenants in the state of Rajasthan. The Act sets out the rights and obligations of both parties, and provides a framework for resolving disputes.Who is covered by the Rajasthan Tenancy Act, 1955?
The Rajasthan Tenancy Act, 1955 applies to all agricultural land in the state of Rajasthan. The Act also applies to certain non-agricultural land, such as land used for residential purposes.What are the rights of tenants under the Rajasthan Tenancy Act, 1955?
Tenants under the Rajasthan Tenancy Act, 1955 have the right to cultivate the land they are leasing, and to receive a fair share of the produce. They also have the right to be compensated for improvements they make to the land.What are the obligations of landlords under the Rajasthan Tenancy Act, 1955?
Landlords under the Rajasthan Tenancy Act, 1955 are obligated to maintain the land in good condition, and to provide basic amenities such as water and electricity. They are also obligated to give tenants notice before terminating their tenancy.How can I find out more about the Rajasthan Tenancy Act, 1955?
You can find more information about the Rajasthan Tenancy Act, 1955 on the website of the Government of Rajasthan. You can also contact the Tenancy Department of the Government of Rajasthan for more information.
Which of the following is not a type of land tenure in Rajasthan?
(A) Patta
(B) Bhoodan
(C) Inam
(D) JagirThe Rajasthan Tenancy Act, 1955 was enacted to regulate the relationship between landlords and tenants.
(A) True
(B) FalseThe Rajasthan Tenancy Act, 1955 provides for the following:
(A) Security of tenure for tenants
(B) Fair rent
(C) Eviction of tenants only on certain grounds
(D) All of the aboveThe Rajasthan Tenancy Act, 1955 does not apply to the following:
(A) Land held by the government
(B) Land held by religious or charitable institutions
(C) Land held by universities or other educational institutions
(D) All of the aboveThe Rajasthan Tenancy Act, 1955 is administered by the following:
(A) The Rajasthan Revenue Department
(B) The Rajasthan Law Department
(C) The Rajasthan Judiciary
(D) All of the aboveThe Rajasthan Tenancy Act, 1955 has been amended several times since it was enacted.
(A) True
(B) FalseThe most recent amendment to the Rajasthan Tenancy Act, 1955 was in the year 2015.
(A) True
(B) FalseThe Rajasthan Tenancy Act, 1955 is a complex piece of legislation and it is advisable to consult with a lawyer if you have any questions about it.
(A) True
(B) FalseThe Rajasthan Tenancy Act, 1955 is an important piece of legislation that protects the rights of tenants in Rajasthan.
(A) True
(B) FalseThe Rajasthan Tenancy Act, 1955 is a valuable resource for landlords and tenants in Rajasthan.
(A) True
(B) False