THE AJMER TENANCY AND LAND RECORDS ACT, 1950

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The Ajmer Tenancy and Land Records Act, 1950 was enacted on May 10, 1950 to declare and later some laws dealing with agricultural tenancies and record-of-rights. It is a Central legislation that is applicable to the State of Ajmer. The Act provides that when the Act or its part are enforced in the State of Ajmer, any Act, regulation, rules, notifications etc, any stipulation under the jagir or istimrari sanad is violative of the provisions of the Present Act, such act, regulation, rules or notifications shall be deemed to be repealed or replaced by the present act. Moreover, the notification issued, rules framed, orders given, authority conferred, lease awarded, liability sustained, rent determined or any activities carried out according to any act, notifications etc shall remain unchanged unless it is contradictory with the provisions of the present legislation.

The Act prescribes the primary rights granted to a tenant under the Act. The tenant will have the right to possess site which can be used for the purpose of constructing a residential house for him and family. He can also make necessary alterations to the building including repairs and to sell the articles of the house and shall transfer to the tenant the right of residence except with the express consent obtained from the landlord. But the residential building should be in the village where the holdings of the tenant are situated. The term residential house consists of cattle shed added with a store house which is used to stock hay or food, fertilizers and agriculture equipments. The tenant shall also have the primary right to conduct litigation with regard to waste-land of the village for pasturing as well as cropping cattle belonging to him and other domestic animals and to thresh corn. The tenant shall permit only specified weights and measures to be employed to prescribe the rent when such rent is paid by means of bighori or batai. If in some parts bighori is imposed at customary rate, the tenant can plant cotton at the rate up to one fourth of the irrigable part under the holding of the tenant.

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In addition, the tenant cannot be evicted except as provided under the Act. He shall not be evicted from his residence except from the house which is expanded merely due to the reason that he has given up or is evicted from the holding in the village. No compulsion shall be inflicted to provide service or permit the exercise of cattle or agricultural equipments to his landholder even if remuneration paid or not. The lease or contract entered between the tenant and landlord which relate or would function or prohibit a tenant from obtaining, using or enforcing the conferred right or given to him shall to the extent of exclusion be invalid. Besides, some rights are also granted to the landlord like the right to collect rent from the excess land apart from the one fourth where cotton is cultivated at the rate prescribed under the Act. He can enter or assign his surveyor, agent, or servant to enter at all rational times in any land embraced of his estate to survey and measure out the land or any other legal motive. He can release or work a mine or award a lease to assume or grant license to any person to carry out expected work to find out new resources to provide minerals. The Act declares unstable land, watered land which is employed to grow singhara, grove land, land utilized to casual or occupational cultivation in the river bed, acquired land for public purpose etc to be exempted from hereditary rights.

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Furthermore, the Act specifically provides special provision for devolution, allotment, acquisition, assignment, exchange or extinction of tenancies. The mode of registration of leases, payment and recovery of rent are also prescribed under the Act. The Act repealed The Ajmer-Merwara Agrarian Relief (Second) Ordinance, 1949.