99. Accrual of rights of landowners.—(1) Every person who, at the commencement of this Act,
holds any land from the Government for agricultural purposes, whether as a settlement-holder or as a
pattadar and his successors-in-interest shall, subject to the provisions of sub-section (2), become the
owner thereof as and from such commencement.
(2) No rights shall accrue under sub-section (1) in respect of lands which—
(i) are a part of the bed of a river, a nallah, a stream or a public tank, or
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(ii) have been acquired by the Government for any purpose according to the provisions of any law
in force for the time being relating to acquisition of land, or
(iii) have been used at any time during the five years immediately preceding the commencement
of this Act for any public, community or village purpose, or
(iv) are declared by the Administrator by notification in the Official Gazette as reserved or
required for any public, community or village purpose.
(3) Objections to the accrual of rights under sub-section (1) may be filed before the competent
authority within such time and in such form and manner as may be prescribed by any person who has
interest or claims to have an interest in the land either in his individual capacity or as a member of the
village or community.
(4) Should any objection be made under sub-section (3), the competent authority shall inquire into the
objection in such manner as may be prescribed and decide the same.
(5) Subject to the provisions of this Act, the decision of the competent authority shall be final.
(6) Every person who, at the commencement of this Act, holds land from the Government for a
purpose other than agriculture shall, subject to sub-section (2), be entitled to the settlement of that land on
such terms and conditions as may be prescribed.
(7) Nothing in this section shall entitle any person to the sub-soil rights in respect of the land, of
which he has become the landowner under sub-section (1), of which has been settled with him under
sub-section (6).
100. Rights of landowners.—(1) Every person who has become a landowner under sub-section (1)
of section 99 shall—
(a) have permanent, heritable and transferable rights in the land;
(b) be entitled by himself, his servants, tenants, agents or other representatives to erect farm
buildings, construct wells or tanks or make any other improvements thereon for the better cultivation
of the land or its convenient use;
(c) be entitled to plant trees on the land, to enjoy the products thereof and to fell, utilise or dispose
of the timber of any trees on the land.
(2) Nothing in sub-section (1) shall entitle a landowner to use his land to the detriment of any
adjoining land which is not his or in contravention of the provisions of any other law for the time being in
force applicable to such land.
101. Reservation of land for personal cultivation.—(1) Every landowner who, at the
commencement of this Act, owns land in excess of a basic holding shall be entitled to apply to the
competent authority for the reservation for his personal cultivation of any parcel or parcels of his land
leased to tenants.
(2) Every application under sub-section (1) shall be in the prescribed form and shall be made in the
prescribed manner within a period of one year from such commencement.
Explanation.—In the case of a person under disability, the application shall be made by his guardian
or his authorised agent, as the case may be.
102. Procedure for reservation of land.—(1) On receipt of an application made under section 101,
the competent authority shall issue notice together with a copy of the application to each of the tenants
holding land from the applicant requiring the tenant to submit his objections, if any, within a period of
ninety days from the date of service of such notice or within such further period as the competent
authority may allow.
(2) A tenant on whom a notice has been served under sub-section (1) shall furnish to the competent
authority within the period specified details of lands owned by him or held as tenant of any other
landowner and of lands which he selects for retention by him.
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(3) The competent authority shall, after considering the objections and the details, if any, furnished by
the tenants and after making such inquiry as it may consider necessary, determine the land or lands not
exceeding the permissible limit, which in its opinion having regard to all the circumstances of the case
may be reserved for personal cultivation of the landowner and the lands which each of his tenants may be
allowed to retain.
103. ―Permissible limit‖ defined.—(1) In section 102, “permissible limit” means an area of land
which a landowner may resume from tenants for personal cultivation, that is to say,—
(a) in the case of a person under disability, 25 acres;
(b) in the case of any other person who—
(i) owns a basic holding or less, the entire area owned by him;
(ii) owns more than a basic holding but not exceeding a family holding, one-half of the area
leased to tenants or the area by which the land under his personal cultivation falls short of a basic
holding, whichever is greater;
(iii) owns more than a family holding—
(1) if he has no land, or any land which is less than a family holding under his personal
cultivation, one-half of the area leased to the tenant but not exceeding the area by which land
under his personal cultivation falls short of a family holding, provided that the tenant is left
with not less than a basic holding and provided further that a landowner shall in any case be
entitled to resume an area by which land under his personal cultivation falls short of a basic
holding; and
(2) if he has family holding or more under his personal cultivation, the area leased to any
tenant in excess of a family holding but not exceeding the area by which land in his personal
cultivation falls short of 25 acres.
Explanation.—For the purpose of determining the permissible limit of a landowner under this
sub-section, any no-resumable land which he may hold as a tenant shall also be taken into account.
(2) Any transfer of land made on or after the 6th day of March, 1956, shall be disregarded in
computing the permissible limit.
104. Land deemed to be reserved for personal cultivation in certain cases.—In the case of a
person who, at the commencement of this Act, does not own land in excess of a basic holding, all lands
owned by him and held by tenants shall be deemed to have been reserved for his personal cultivation.
Explanation.—Any transfer of land made on or after the 6th day of March, 1956, shall be disregarded
in determining the extent of land owned by a person at the commencement of this Act.
105. Non-resumable land.—The competent authority shall declare every land which, under
sub-section (3) of section 102, a tenant is allowed to retain to be the non-resumable land of the tenant.
106. Right to lease.—(1) Subject to the provisions of this Act, a landowner may lease out his land to
another person on such rent not exceeding the maximum rent referred to in section 112 as may be agreed
upon between him and such person.
(2) Every lease of land made after the commencement of this Act shall be for a period of five years
and at the end of the said period, and thereafter at the end of each period of five years, the tenancy shall,
subject to the provisions of sub-section (3) be deemed to be renewed for a further period of five years on
the same terms and conditions, except to the extent that a modification thereof consistent with this Act is
agreed to by both parties.
(3) In respect of any lease made after the commencement of this Act, a landowner who is a member
of the Armed Forces of the Union, on his discharge from service or posting to the reserve, may by giving
the tenant three months’ notice in writing before the expiry of any year, and any other landowner may by
giving the tenant one year’s notice in writing before the expiry of any term of five years, terminate the
tenancy if the landowner requires the land bona fide for personal cultivation by him.
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107. Land left uncultivated.—(1) Where the deputy commissioner is satisfied that any land has
remained uncultivated for a period not less than two consecutive years otherwise than in accordance with
rules made in this behalf under this Act, and that it is necessary for the purpose of ensuring the full and
efficient use of the land for agriculture to do so, he may after making such inquiry as may be prescribed
lease out the land in accordance with the rules made under this Act.
(2) Any lease made under sub-section (1) shall be deemed to be lease made by the landowner under
sub-section (1) of section 106.
108. Relinquishment.—(1) Subject to any rules that may be made under this Act, a landowner may
relinquish his rights in respect of any land in his possession in favour of Government by giving a notice in
writing to the competent authority in such form and manner as may be prescribed, not less than three
months before the close of any year and thereupon, he shall cease to be a landowner in respect of that land
from the year next following the date of notice:
Provided that relinquishment of only a part of a holding or of a holding which, or part of which, is
subject to an encumbrance or a charge, shall not be valid.
(2) If any person relinquishes his rights to a land under sub-section (1), the way to which lies through
other land retained by him, any future holder of the land relinquished shall be entitled to a right of way
through the land retained.