Rajasthan Tenancy Act, 1955

1. Introduction:

• Act passed on 14th March 1955.
• Objective: Consolidates and amends laws related to tenancy of agricultural lands and provides for certain measures of land reform. Aimed to address issues of unequal land distribution and unfair payment to tenant farmers prevalent during that time.

2. Chapter 1: Preliminary Definitions:

• Agricultural Year: 1st July to 30th June.
• Agriculturalist: Person whose livelihood is derived from agriculture, including horticulture, cattle breeding, dairy farming, poultry farming, and forestry development. The definition is broad and encompasses various agricultural activities.
• Bhumidar: In the Bhumidari system, the owner of a village or a portion of a village, recorded as such in revenue records.
• Estate: Includes land or interest in land owned by Jagirdars, Bhumidars, Zamindars, or Land Owners. Interest can refer to partial ownership.
• Ijara/Theka: A farm or lease granted for rent collection. The area is called the Ijara/Theka area; the recipient is the Ijaradar/Thekedar (tenant).
• Khudkasht: Land in any part of the state personally cultivated by a state holder. This includes two scenarios: (a) land owned but in another's possession, and (b) land owned and personally cultivated by the owner.
• Shayar: Payment (rent) for the use of resources like grazing land, wood fuel, fruits, water, fishing rights, and even uncultivated land.
• Subtenant: Person who holds land from a tenant. The subtenant pays rent to the tenant, not the landowner.
• Nal: Payment in cash or kind to the owner of a well for its use for irrigation.

3. Chapter 2: Khudkasht

• Khudkasht Rights: Not transferable except by gift, exchange, or inheritance.
• Transfer: Khudkasht rights are not transferable through sale. Exchange of land is permitted, possibly with additional cash payment to equalize value. Partition is also allowed.
• Abolition of Estate Holders: Upon abolition of the estate system, Khudkasht holders become Khayatdar tenants. Bhumidars and Zamindars become Malikians (owners), subject to the Act's provisions.

4. Chapter 3: Classes of Tenants

• Four Types of Tenants:

  • Malikians (Owners): Former Jagirdars/Zamindars who became owners after the abolition of the Zamindari system.
  • Khudkasht Asami (Tenant): A tenant who cultivates Khudkasht land.
  • Khayatdar Asami (Tenant): Tenant whose name is registered as an account holder in government accounts.
  • Gair Khayatdar Asami (Tenant): Landholder whose name is not yet registered.
  • Subtenant: Tenant who leases land from another tenant.

• Restrictions on Tenant Rights: Khayatdar rights do not accrue to tenants holding land temporarily. No rights are granted in areas under government control, such as:

  • Pastoral Land (grazing land)
  • Cantonment areas (military bases)
  • Railway boundaries
  • Municipal trenching grounds (waste disposal sites)

4. Chapter 3: Classes of Tenants (Continued)

4.1 Transferability of Tenant Rights:

• Tenant rights are inheritable (pass to heirs upon death) but generally not transferable to other parties. This is because tenants only possess the right to occupy and cultivate the land, not full ownership.
• Exceptions: Exchange of property is allowed, but not outright sale. The exchange might involve another property plus additional money if the values are unequal.

4.2 Abolition of Zamindari System:

• Abolition of the Zamindari/Jagirdari system resulted in former Jagirdars/Zamindars becoming Malikians (owners).
• Khudkasht tenants (cultivating their own land) became Khayatdar tenants (registered in government records). Khayatdar tenants gain certain rights.

4.3 Classes of Tenants:

• Malikians (Owners): Former Jagirdars/Zamindars who gained ownership after Zamindari abolition.
• Khudkasht Asami (Tenant): Cultivates their own Khudkasht land.
• Khayatdar Asami (Tenant): Tenant registered as an account holder in government records. Possesses specific rights under the Act.
• Gair Khayatdar Asami (Tenant): Landholder whose name is not yet registered in government records. Lacks the rights of a Khayatdar tenant.
• Subtenant: Leases land from another tenant.

4.4 Restrictions on Tenant Rights:

• Temporary Land Holdings: Khayatdar rights do not apply to tenants holding land temporarily.
• Government-Controlled Land: No rights granted on land under government control, including:
  • Pastoral land (grazing land)
  • Cantonment areas (military bases)
  • Railway boundaries
  • Municipal trenching grounds (waste disposal sites)
  • Land under shifting or unstable cultivation
  • Land in riverbeds (due to alluvial/diluvial changes)
  • Land within government forests

4.5 Chapter 3A: Confirmation of Rights

• This chapter details the confirmation of rights for certain subtenants and Khudkasht tenants upon payment of compensation.
• Compensation: The amount payable for confirmation of Khayatdari rights depends on land type and improvements:
  • Unirrigated land: 15 times the land's value.
  • Irrigated land: 20 times the land's value.
  • Improvements made by the tenant: Compensation for these improvements is also payable.
  • Use of another's well (Nalaba): 10 times the land's value.

4.6 Chapter 3B: Restrictions on Land Holdings

• Ceiling Area: Similar to EWS (Economically Weaker Section) income limits, a ceiling area restricts the maximum amount of land an individual can hold. Exceeding this limit results in penalties. This section also discusses government facilities provided to different landholding categories.

4.7 Chapter 3C: Primary Rights of Tenants and Landholders

• This chapter outlines primary rights for both tenants and landholders:
  • Right to residential house
  • Right to a written lease and its attestations (if registration is not completed).
  • Prohibition of premium payments and forced labor.
  • Prohibition of payments other than rent.
  • Right to use materials in connection with residential houses.
  • Acquisition of right to Nalaba (well).
  • Right to file a declaratory suit (Dereatory Suit) to legally establish their rights on the property if those rights are contested. A declaratory suit does not seek compensation but a legal declaration of the individual's rights.

4.8 Chapter 4: Devolution, Transfer, Exchange, and Division of Tenant Interests

• Tenant Interests: A tenant's interest in their holding is inheritable but not transferable.
• Restrictions on Transfer: Tenants cannot sell, gift, or place their land holdings in trust. These actions are restricted because they do not own the land.
• Exceptions for Scheduled Castes, Scheduled Tribes, and Saharia Tribes: Members of these groups can transfer or sublet land only among themselves, offering protection from exploitation.

4.9 Letting and Subletting:

• Restrictions:
  • No Khudkasht holder, Khayatdar tenant, or mortgagee can sublet all or any part of their holding.
  • Maximum lease term:
    • Khudkasht holders and Khayatdar tenants: 5 years, with a 2-year waiting period before a subsequent lease.
    • Gair Khayatdar tenants: 1 year.
  • Members of Scheduled Castes, Scheduled Tribes, and Saharia Tribes can sublet only among themselves.
• Exceptions based on Land Use: If the land is used for agricultural operations (including agro-processing, agri-business, and plantation), a 15-year lease is permitted, which can be extended for another 15 years (total of 30 years maximum). For non-agricultural purposes, the regulations from the Rajasthan Land Revenue Act apply.

Rajasthan Tenancy Act

4.9 Letting and Subletting (Continued)

• Restrictions on Subletting:

  • Khudkasht holders, Khayatdar tenants, mortgagees: Cannot sublet any part of their holding.
  • Maximum Lease Term:
    • Khudkasht holders & Khayatdar tenants: 5 years, followed by a 2-year waiting period.
    • Gair Khayatdar tenants: 1 year.
  • Scheduled Castes, Scheduled Tribes, Saharia Tribes: Subletting permitted only amongst themselves.

• Exceptions:

  • Agricultural Land Use: 15-year lease (renewable for another 15 years, max 30 years). Permitted uses include agro-processing, agri-business, and plantation.
  • Non-Agricultural Land Use: Rajasthan Land Revenue Act regulations apply.

4.10 Transferability and Heritability of Tenant Interests

• Tenant Rights: Tenants have inheritable but not transferable rights.
• Restrictions on Transfer: Tenants cannot sell, gift, or place their land holdings in trust. This is because they do not own the land.
• Exception for Scheduled Castes, Scheduled Tribes, and Saharia Tribes: These groups can transfer or sublet land only amongst themselves to prevent exploitation.

4.11 Exceptions to Subletting Restrictions

• Individuals Exempt from Subletting Restrictions: Minors, lunatics, idiots, divorced women, disabled members of armed forces, detained persons (under trial, post-trial punishment), and students under 25 years of age. These exemptions exist because these individuals cannot independently cultivate land.

5.0 Chapter 5: Surrender, Abandonment, and Extension of Tenancies

6.0 Chapter 6: Improvements to Land

• Who can make improvements?: State government, land owner, and Khayatdar tenants (with Tahsildar permission).
• Compensation for Improvements: Compensation is payable upon land transfer. Disputes regarding compensation are resolved by the Assistant Collector.

7.0 Chapter 7: Trees on Land

• Tenant Rights Regarding Trees: Tenants can plant trees on their holding, provided they don't diminish the land's productive value. Rent remains payable regardless of tree planting.
• Planting on Government Land: Tenants can plant trees on adjacent government land.
• Removal of Trees:
  • Khayatdar tenants (below ceiling area): Can remove trees from their holding for any purpose.
  • Gair Khayatdar tenants: Require Tahsildar permission to remove trees.
  • Subtenants: Require permission from both the tenant and the landowner.
• Penalties for Unauthorized Tree Removal: ₹100 per tree, doubling for subsequent offenses. Disputes are resolved by the Tahsildar.

8.0 Chapter 8: Declaratory Suits

• Purpose: To obtain a legal declaration of tenant rights (e.g., tenancy status, share in joint tenancy, boundaries, rent payable, tenancy term). Declaratory suits do not seek compensation.

9.0 Chapter 9: Determination and Modification of Rent

• Rent Determination: The State Government determines rent rates. Rent can be paid in kind or cash.
• Restrictions on Rent in Kind (Agricultural Land): Cannot exceed 1/6 of the crop produce. If the landowner contributes up to 50% of the cropping expenses, the rent is reduced to 1/4.
• Rent Rate Determination Factors: Soil classification and market prices of produce.
• Authority: Rent Rate Officer determines rent rates and resolves disputes.
• Remission/Suspension of Rent: Possible during agricultural calamities or emergencies.

Rajasthan Tenancy Act

8.0 Chapter 8: Declaratory Suits

• Purpose: To legally declare tenant rights (tenancy status, share in joint tenancy, boundaries, rent payable, tenancy term). Does not seek compensation.
• Who can sue: Any person claiming to be a tenant or cotenant. Suit can be for declaration of class of tenancy, boundaries, rent payable, or tenancy term.

9.0 Chapter 9: Determination and Modification of Rent

• Rent Determination Authority: State Government sets rent rates.
• Payment Methods: Rent can be paid in cash or kind.
• Restrictions on Rent in Kind (Agricultural Land):
  • Maximum: 1/6 of crop produce.
  • Landowner contributes up to 50% of cropping expenses: Rent reduced to 1/4 of crop produce.
• Rent Rate Determination Factors: Soil classification and market prices of produce.
• Dispute Resolution & Rent Rate Determination: Rent Rate Officer.
• Rent Remission/Suspension: Possible during agricultural calamities or emergencies.

10.0 Chapter 10: Payment and Recovery of Rent

• Payment Obligation: Tenant pays landowner; subtenant pays both tenant and landowner.
• Rent Publication: Collector publishes current prices of food and non-food crops to help assess monetary value of produce.
• Payment Method: Rent can be paid in installments.
• Rent Recovery: Landowner issues notice; if unpaid, files suit. Suits can also be filed for recovery of irrigation dues and nalabat (water tax arrears).
• Court as Last Resort: Courts resolve disputes if other methods fail.
• Government Rent Payment: Paid in the form of land revenue (as per Land Revenue Act).

11.0 Chapter 11: Ejectment

• Grounds for Ejectment: Non-payment of rent, illegal subletting, detrimental acts to the property, breach of conditions (e.g., exceeding permitted occupants), trespass onto adjacent property.
• Compensation: May be payable if ejectment occurs.
• Dispute Resolution: Assistant Collector.
• Wrongful Ejectment Remedies: Appeals available.

12.0 Chapter 12: Grant of Land

• Grant: Land granted at favorable rent; grantee becomes khatedar tenant.
• Rent Payment: Grantee is liable for rent; non-payment leads to ejectment.
• Village Servants (Gram Sevaks): Considered gair-khatedar tenants (not recorded in land records); different rules apply; ejectment possible for non-payment or inappropriate land use. Notice issued by Collector.

13.0 Chapter 13: Grove Holders

• Grove Holders: Owners of groves (e.g., mango groves). Possess full ownership rights.
• Rights: Improvement rights, right to sell, gift, or mortgage the grove.
• Lease: Can lease for a maximum of 3 years. Rent payable in cash.
• Subletting: Permitted.
• Ejectment: Possible for non-payment of rent if leased to another party.

14.0 Chapter 14: Ijaradars (Tenants) and Thekedars (Contractors)

• Rights: Right to sue for rent enhancement, right to make improvements, right to cut.
• Limited Rights: Compared to other tenants. Can sue if rights are violated.
• Ejectment: Possible for non-payment of rent.
• Surrender of Rights: Ijaradar/Thekedar can surrender rights.

15.0 Chapter 15: Procedure and Jurisdiction of Revenue Courts

• Jurisdiction: Revenue Courts handle all Rajasthan Tenancy Act matters (suits, appeals, applications, references, proceedings). Procedure outlined in the Rajasthan Land Revenue Act.
• Appeals:

  Court Decision	Appeal To	Time Limit (Days)
  Tahsildar	Collector	30
  Collector/Sub-Collector	Revenue Appellate Authority	60
  Revenue Appellate Authority	Revenue Board	90

• Revenue Board: Final authority; possesses right of review.

16.0 Chapter 16: Miscellaneous

• Unification: Act consolidates previously disparate laws across different areas.
• State as Landholder: State holds significant power to protect tenants' rights.
• Tenant Protection: Act primarily protects tenants' rights, particularly addressing historical imbalances.
• Special Provisions: Special provisions for backward classes (Scheduled Castes, Scheduled Tribes, Saharia tribes) for land transfers and subletting.

17.0 Ijaradar/Thekedar Rights and Obligations

• Ijaradar/Thekedar: Individuals who lease property. Possess limited rights.
• Rights:
  • Right to sue for rent enhancement (after peaceful negotiation).
  • Right to make improvements.
  • Right to cut (implied right in case of conflict).
• Obligations: Payment of rent.
• Consequences of Non-Payment: Ejectment from landholding.
• Surrender of Rights: Ijaradar/Thekedar can voluntarily surrender lease rights.

18.0 Chapter 15: Procedure and Jurisdiction of Revenue Courts (Continued)

This section expands on Chapter 15, providing detail regarding appeals within the Rajasthan Tenancy Act.

• Jurisdiction: Revenue Courts handle all Rajasthan Tenancy Act matters (suits, appeals, applications, references, proceedings). Procedure is detailed in the Rajasthan Land Revenue Act.
• Appeals: (Table from previous section retained).

  Court Decision	Appeal To	Time Limit (Days)
  Tahsildar	Collector	30
  Collector/Sub-Collector	Revenue Appellate Authority	60
  Revenue Appellate Authority	Revenue Board	90

• Revenue Board: Final appellate authority; possesses the right of review (power to reconsider its own decisions).

19.0 Chapter 16: Miscellaneous (Continued)

This section builds on Chapter 16, providing further detail on the Act's provisions.

• Unification: The Act consolidates previously disparate land laws.
• State as Landholder: The State holds significant power to protect tenants' rights, correcting historical imbalances.
• Tenant Protection: The Act prioritizes tenant rights.
• Special Provisions for Backward Classes: Scheduled Castes, Scheduled Tribes, and Saharia tribes have special provisions for land transfers and subletting (only amongst themselves).
• Tenant Rights:
  • Protection from illegal ejectment.
  • Compensation for improvements.
  • Restrictions on illegal rent and forced labor.
  • Rent payment in cash or kind (with a limit of not exceeding 1/6th of total produce). Landholders who have contributed to expenses up to 50% are limited to paying a maximum of 1/4th of the produce as rent.
  • Protection from encroachment.
• Act's Favored Parties: The Act favors tenants and socio-economically backward groups.

20.0 Amendments to the Rajasthan Tenancy Act

• Rajasthan Tenancy Amendment Act, 2010:
  • Introduced Section 251A: Empowers the State government to allow tenants to lay underground pipelines through other tenants' holdings, potentially creating new or expanding existing pathways. The Sub-Divisional Officer determines compensation.
• Rajasthan Land Revenue Amendment Act, 2014:
  • Introduced a new provision in Section 45, allowing landowners to lease and tenants to sublet for up to 10 years for purposes prescribed by the State government under Section 5A or Section 90A of the Rajasthan Land Revenue Act (this generally excludes unauthorized uses of agricultural land for non-agricultural purposes without prior State government permission).

21.0 Exclusions from the Act

Lands excluded from the Act's provisions include:

• Railway land.
• Cantonment area land.
• River flow areas.
• Land covered by water (alluvial or diluvial).
• Army camp land.
• Land for parks.
• Educational land (government, semi-government, trust land).
• Playgrounds.

22.0 Land Transfer Rules

• Rule-Making Authority: The State government (Rajasthan State Government for the Rajasthan Tenancy Act) creates rules regarding land transfer rights.
• Restrictions on SC/ST Land Transfers: Scheduled Castes, Scheduled Tribes, and Saharia tribes can only transfer land amongst themselves.