Chapter V Chapter V

Other rights and liabilities

General.— Save as provided in this Act, the rights and privileges of any tenant under any custom, usage or law for the time being in force or arising out of any contract, grant, decree or order of a court or otherwise howsoever, shall not be limited or abridged.

Presumption as to rent and duty to give receipt.—

1. (1) In the absence of an express intimation in writing to the contrary by a tenant, every payment made by a tenant to the landlord shall be presumed to be a payment on account of rent due by such tenant for year in which the payment is made.
2. (2) When any amount of rent is received in respect of any land by a landlord or by a person or behalf of such landlord, the landlord or, as the case may be, the person shall at the time when such amount is received by him give a written receipt therefor in such form and in such manner, if any as may be prescribed.

Tenant's right to trees on the land.— If in any portion of agricultural land leased to a tenant not covered by cultivation, the tenant has planted or plants any trees, he shall be entitled to the produce and the wood of such trees during the continuance of his tenancy and shall on the termination of his tenancy be entitled to such compensation for the said trees as may be determined by the Mamlatdar: Provided that the tenant shall not be entitled to compensation under this section if the tenancy is terminated by surrender under section 10.

1. (2) If in any such portion of the lands as is referred to in sub-section
2. (1) there are any trees naturally growing thereon, the tenant shall, during the continuance of his tenancy, be entitled to two-thirds of the produce of the trees and the landlord to the remaining one third.

Compensation for improvements made by tenant.—

1. (1) A tenant who has made any improvement on the land held by him, other than what he is bound to do under this Act, shall, if his tenancy is terminated under the provisions of this Act, be entitled to compensation for such improvement the amount of which shall, on application made by by the tenant in the prescribed form, be determined by the Tribunal in accordance with the provisions of sub-section (2).
2. (2) The amount of compensation shall be the value of the improvement at the time of the termination of the tenancy estimated with due regard to:
   • (a) the amount by which the value of the land is increased by the improvement;
   • (b) the condition of the improvement as at the time of application and the probable duration of its effect;
   • (c) the labour and capital provided or spent by the tenant for the making of the improvement; and
   • (d) any reduction or remission of rent or other advantage allowed to the tenant by the landlord in consideration of the improvement.

Right to erect farmhouse.— A tenant shall be entitled to erect a farmhouse on the land held by him as a tenant with the consent of the landlord and without deteriment to the area of cultivation: Provided that where the landlord refuses to give consent within a period of sixty days from the date of request or where the landlord unreasonably refuses to give such consent, the tenant shall be entitled to erect the farmhouse with the consent of the Mamlatdar to be given after hearing the parties.

Maintenance of boundary marks.— The responsibility for the maintenance and good repair of the boundary marks of the land held by the tenant and for the payment of any charges reasonably incurred on account of services by revenue officers in case of alteration, removal or disrepair of such boundary marks shall be that of the tenant.

Repairs to protective bunds.—

1. (1) The duty and the respon sibility of the contraction, maintenance or repairs of any bunds referred to in sub-section
2. (3) of section 26 shall be that of the tenant notwith standing any law, agreement, usage or custom or decree or order of a court, to the contrary.
3. (2) If it appears to the Government that the said construction, maintenance or repair has been neglected owing to a dispute between the tenant and the landlord, or between the tenants themselves, or for any reason, the Government may, by order in writing, direct that the construction, maintenance or repair shall be carried out by such person as may be specified in the order and the costs thereof shall be recoverable from the person in actual possession of the bund as arrears of land revenue.
4. (3) The person from whom the costs are recovered under sub-section
5. (2) shall be entitled to recover the same or an appropriate portion thereof from any person who in law is wholly or partially liable to construct, maintain or repair the bunds.

Power to assume management.—

1. (1) If it appears to the Government that for any two consecutive years including any period before the commencement of this Act, any land has remained uncultivated through default either of the landlord or of the tenant, or that cultivation of any land has seriously suffered for any other cause what--soever, or that any land capable of being used, if reclaimed or other--wise improved, howsoever, has not been so reclaimed or otherwise improved and cultivated, or that any land is remaining as a pasture land in excess of the ordinary grazing requirements of the cattle of the person entitled to graze cattle thereon, the Government may, after such enquiry as may be prescribed, declare by notification that the management of such land shall be assumed, and such declaration shall be conclusive. Explanation: A land which is cultivable both during the "Sard" (Kharif) and "Vaingan" (Rabbi) season in a year, is not cultivated during any one of the said season during any year, shall for the purpose of this section be deemed to have remained uncultivated for that year.
2. (2) On the publication of a notification under sub-section (1), the Government or an officer authorised by the Government in this behalf shall appoint a manager to be in charge of the land and the manager so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code, 1860.
3. (3) During the period commencing from the date of publication of the notification under sub-section
4. (1) and ending with the termination of management under sub-section
5. (4) the following provisions shall have effect, namely:
   • (a) all legal proceedings pending and all processes, executions or attachments in force in respect of debts and liabilities enforceable against the land shall be suspended and no fresh proceedings, processes, executions or attachments shall be instituted, issued, enforced or executed in respect thereof;
   • (b) the landlord shall be incompetent and the manager shall be competent:
     • (i) to enter into any contract with respect of the land,
     • (ii) to mortgage, charge, lease or alienate the land or any part thereof; and
     • (iii) to grant valid receipts for rents or profits accruing from the land: Provided that the manager shall not be competent to alienate any and save with the prior approval of the Government and with the consent of the landlord, or where the landlord cannot be found; after the publication of a notice in the prescribed manner: Provided further that where the manager is satisfied that for the purpose of bringing the land under cultivation it is necessary for the lessee to make improvement on the land at a considerable cost or labour or both, it shall be competent for the manager subject to the previous approval of the Government to remit to the lessee the whole or part of the rent payable to him in respect of the land, for a maximum period of five years.
   • (c) all powers, which if the management of the and has not been assumed, would have been exercisable by the landlord shall be exercis- able by the manager who shall receive and recover all rents and profits due in respect of the land under management and for the purpose of recovering the same may exercise, in addition to the powers exercisable by the landlord the powers exercisable by a Collector for the recovery of land revenue;
   • (d) from the sums received on account of the land, the manager shall pay—
     • (i) the cost of management including the cost of necessary repair;
     • (ii) the Government revenue and all sums due to the Government in respect of the land under management;
     • (iii) the rent, if any, due to any superior holder in respect of the land;
     • (iv) such periodical allowance as the Collector may from time to time fix for the maintenance and other expenses of the landlord and of such members of his family as the Collector directs; and
     • (v) the cost of such improvement of the land as he thinks necessary and is approved by the Collector;
   • (e) the manager shall pay to the landlord the balance, if any, remaining after the expenses referred to in cause(d) have been defrayed: Provided that if any proceedings in respect of debts and liabilities enforceable against the land have been suspended under clause (a), the manager shall, out of such balance deposit an amount, not exceeding the amount estimated to be required for the meeting of such debts and liabilities, with the Court in which the proceedings were pending. (3A) Where the management of any land has been assumed under sub-section
6. (1) on account of the default of the tenant, such tenant shall cease to have any right or privilege under the provisions of this Act, in respect of such land with effect from the date on and from which such management has been assumed. (4)
   • (a) When in the opinion of the Government it has become unnecessary to continue the management of the land the Government shall by notification terminate the management thereof.
   • (b) On the termination of management, the land (together with any balance of monies creditable to the landlord) shall be delivered to the landlord from whom the management was assumed if he is dead, to the person appearing to the Government to be entitled to the land.
   • (c) All acts done by the manager during the period of management shall be binding on the landlord or other person to whom the land is delivered under clause (b).
   • (d) The period during which the institution of any proceedings has been prohibited by clause
   • (a) of sub-section
7. (3) shall be excluded from the computation of the period of limitation for the institution of that proceeding.
8. (5) The Government may appoint a Comunidade, a Village Panchayat or a Co-operative Society as manager for the purposes of this section.

Prescription of standards of cultivation and management.—

1. (1) With a view to bring agricultural economy to a higher level of efficiency the Government may, by rules, regulate standards of efficient cultivation and management.
2. (2) Such rules may provide for the issue of directions are regards the methods of agriculture to be adopted, for the use of improved seeds, for the proper maintenance of embankments and bunds, for the sale of surplus food grains and for ensuring proper wages and terms of employment to agricultural workers, for the maintenance of regular and accurate accounts in respect of cultivation, and for the issue of such other direction as may be necessary or desirable for the efficient utilisation of lands.
3. (3) Subject to the rules made under sub-section (1), the Govern- ment may by order published in the Official Gazette prescribe and programme referred to above he shall—
4. (4) If any tenant makes any default in observing the standards or programme referred to above he shall-
   • (i) for the first season in which the default occurs, be issued a warning;
   • (ii) for the next season in which a default occurs, be liable to pay additional rent to the landlord of ten per cent over and above the rent payable by him, if the default is not due to any act or omission on the part of the landlord; and
   • (iii) for the succeeding season in which the default occurs again be liable to be evicted from the land under an order of the Mamlatdar.
5. (5) If any landlord makes any default in observing the standards or programmes referred to above, he shall be liable to forego in favour of the tenant ten per cent of the rent due to him if such default occurred more than once in a year.
6. (6) The penalties provided in sub-sections
7. (4) and
8. (5) shall be in addition to the penalties if any, provided by or under this Act or any other law for the time being in force.

Tenant's right to operate sluice gates. —

1. (1) Where, for the purpose of regulating supply of water [or] for irrigation of any land, there is any sluice gate or other such contrivance, the right to operate and the duty and responsibility of maintaining such sluice gate or other contrivance, as also the right to the fisheries, if any, in the vicinity thereof, shall be that of the tenant, notwithstanding any other law, custom, usage, agreement or contract, decree or order of any court to the contrary.
2. (2) Where immediately before the commencement of this Act, any such right as is referred to in sub-section
   • (i) vested in the landlord or any other person, other than the Government, the tenant shall be liable to pay to the landlord or other person, by way of rent for the exercise of the right conferred under that sub-section, a sum of money to be fixed by the Tribunal in accordance with such principles as may be prescribed.
3. (3) The rights conferred on a tenant under sub-section
4. (1) shall, where there are more tenants than one who derive benefit from the same sluice gate or other such contrivance, be exercised by all the tenants jointly in accordance with such principles as may be prescribed.
5. (4) nothing in sub-section
6. (1) shall be deemed to confer on the tenant any right to any fisheries or other property in the ownership or possession of Government or to authorise him to block or stagnate water for the purpose of catching or breeding fish, in any land used for agriculture.

Construction of water course through land belonging to other person.—

1. (1) If any person (hereinafter called the applicant) desires to construct, or repair or to maintain, as the case may be, a water course to take water for purpose of agriculture from a source of water to which he is entitled but such water course is to be constructed or runs through any land which belongs to, or is in possession of, an-other person (hereinafter called the neighboring holder) and if no private agreement is arrived at for such construction or repairs or maintenance, as the case may be, between the applicant and the neighboring holder, the person desiring to construct or repair or maintain the water course may make an application in the prescribed form to the Mamlatdar.
2. (2) On receipt of the application, if the Mamlatdar, after making an inquiry and after giving to the neighbouring holder and all other persons interested in such land an opportunity of stating any objection to the application, is satisfied that for ensuring the full and efficient use for agriculture of the land belonging to the applicant it is necessary to construct [or to repair or to maintain, as the case be] the water course, he may, by order in writing direct the neighbouring owner to permit the applicant to construct the water course on the following conditions:
   • (i) the water course shall be constructed through such land direction and manner as is agreed upon by the parties or failing agreement, as directed by the Mamlatdar. so as to cause as little damage to the land through which it is constructed, as may be possible;
   • (ii) where the water course consists of pipes, the pipes shall be laid at a depth not less than one foot and a half from the surface of the land;
   • (iii) where the water course consists of water channel, the channel shall not exceed five feet in breadth;
   • (iv) the applicant shall pay to the neighbouring holder such compensation for any damage caused to such land by reason of the construction of the water course or such annual rent, as the Mamlatdar may decide to be reasonable;
   • (v) the applicant shall maintain the water course in a fit state of repairs;
   • (vi) the applicant shall within the prescribed period execute an agreement in the prescribed form in favour of the neighbouring holder; and
   • (vii) such other conditions as the Mamlatdar may think fit to impose.
3. (3) An order made under sub-section
4. (2) shall direct how the amount of compensation shall be apportioned among the neighbouring holder and all persons interested in the land.
5. (4) An order made under sub-section
6. (2) shall after the applicant executes an agreement as required under clause
   • (vi) of sub-section
7. (2) be a complete authority to him or to any agent or other person employed by him for the purpose to enter upon the land specified in the order with assistants or workmen and to do all such works as may be necessary for the construction of the water course and for renewing or repairing the same.
8. (5) The provisions of the foregoing sub-sections and of sections 40 to 42 shall apply mutatis mutandis to the case of a person whose land does not have adequate drainage facilities and who desires to construct a drainage channel through any land which belongs to, or is in the possession of, another person.

Failure to pay rent to keep water course in good repair.— If the applicant in whose favour an order under sub-section

1. (2) of section 39 was made—
   • (a) fails to pay the amount of compensation or the amount of the rent, it shall be recovered as an arrear of land revenue on an application being made to the Mamlatdar by the person entitled thereto;
   • (b) fails to maintain the water course in a fit state of repairs, he shall be liable to pay such compensation as may be determined by the Mamlatdar for any damage caused on account of such failure.

Removal or discontinuance of water course—

1. (1) If a person intends to remove or discontinue the water course constructed under the authority conferred on him under section 39, he may do so after giving notice to the Mamlatdar and the neighbouring holder.
2. (2) In the event of removal or discontinuance of such water course, the person taking the water shall fill in and reinstate the land at his own cost with the least practicable delay.

Neighbouring holder entitled to use surplus water on pay ment of rate Neighbouring holder entitled to use surplus water on pay ment of rate— The neighbouring holder or any person on his behalf shall have the right to the use of any surplus water from the water course on payment of such rates as may be agreed upon between the parties, and on failure of agreement, as may be determined by the Mamlatdar.

Procedure for regulating the discharge of joint responsibility of tenants A. Procedure for regulating the discharge of joint responsibility of tenants.—

1. (1) When under any of the provisions of this Act, the duty and responsibility of any work of conservancy, maintenance or repair of any bund, embankment, ridge, sluicegate or any other work is that of more than one tenant, Government may, by rules regulate the manner in which such duty or responsibility shall be discharged and also the determination and recovery of the share of a tenant of the cost of a work to which he is under an obligation to contribute.
2. (2) Without prejudice to the generality of the foregoing, such rules may provide for-
   • (i) the constitution, functions and organisation of tenants associa tions for any local area;
   • (ii) the management and regulation of sources of income of the associations such as income from trees on bunds, operation of sluice-gates, fisheries and such other sources of income as may be prescribed;
   • (iii) the termination of the beneficiaries of any work, the apportionment an recovery of the cost of such work from among them;
   • (iv) the manner in which works shall be executed; and
   • (v) the conditions and mode of payment of Government's contribution.
3. (3) any sum which is payable by a tenant or any other person towards the cost of any such work as is referred to in sub-section
4. (1) shall be recoverable as arrears of land revenue. Explanation:— For the purpose of this section the term "tenant" shall include every person who cultivates the land personally]