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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:
a. The construction of bunds, tanks wells, water channels,
b. Construction of works for the drainage of land for its protection from
floods or from erosion,
c. The reclaiming, clearing, enclosing, levelling or terracing of land,
d. 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.

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:
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 4147A)


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 1 st 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
i. Is not an improvement as defined in this Act.
ii. Is too costly for the purpose for which it is intended.
iii. Is not an improvement which the applicant is entitle to
make, or
iv. 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 namelyi. When a decree or order for his ejectment is passed,
or
ii. When he has been wrongful dispossessed and has
not recovered possession of his holding, or
iii. 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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