9. Interest of tenants.—(1) The interest of a tenant in any land held by him as such shall be
heritable but, save as otherwise provided in this Act, shall not be transferable.
(2) No tenant shall be evicted from his land except as provided in this Act.
110. Right to create a mortgage or charge.—It shall be lawful for a tenant to create a simple
mortgage or create a charge on his interest in the land leased to him in favour of the Government or a
co-operative society in consideration of any loan advanced to him by the Government or such society; and
in the event of his making default in the repayment of such loan in accordance with its terms, it shall be
lawful for the Government or the society, as the case may be, to cause his interest in the land to be
attached and sold and the proceeds applied in payment of such loan.
111. Right to make improvements.—A tenant may, with the permission in writing of the landowner,
or if permission is refused without sufficient reason or not given within two months, after obtaining the
order of the competent authority in the prescribed manner, make at his own expense any improvement to
the land held by him, but shall not become liable to pay a higher rate of rent on account of any increase of
production or of any change in the nature of the crop raised, as a consequence of such improvement.
112. Maximum rent.—The rent payable by a tenant in respect of any land held by him shall not
exceed,—
(a) where the rent is payable in kind as a share of the produce, one-fourth of the produce of such
land or its value estimated in the prescribed manner if plough cattle for the cultivation of such land is
supplied by the landowner and one-fifth of such produce or its value as so estimated the plough cattle
is not supplied by the landowner;
(b) in any other case, four times the land revenue payable in respect of the land.
113. Payment of rent.—(1) The rent payable by a tenant shall, subject to the provisions of
section 112, be the rent agreed upon between him and the landowner or where there is no such agreement,
the reasonable rent.
(2) The rent shall be paid at such times and in such manner as may have been agreed upon or in the
absence of such agreement, as may be prescribed.
114. Reasonable rent.—(1) The competent authority may, on application made to it in this behalf by
the landowner or the tenant, determine the reasonable rent for any land.
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(2) The form of application under sub-section (1) and the procedure to be followed by the competent
authority shall be such as may be prescribed.
(3) In determining the reasonable rent, the competent authority shall have regard to—
(a) the rental value of lands used for similar purposes in the locality;
(b) the profits of agriculture of similar lands in the locality;
(c) the price of crops and commodities in the locality;
(d) the improvements, if any, made to the land by the landowner or the tenant;
(e) the land revenue payable in respect of the land; and
(f) any other factor which may be prescribed.
(4) Where the reasonable rent for any land has been determined under this section, it shall not be
altered for a period of five years except on any of the following grounds, namely:—
(a) that the quality of the land has deteriorated by flood or other natural causes;
(b) that there has been an increase in the produce of the land on account of improvements made to
it at the expense of the landowner;
(c) that the land has been partially or wholly rendered unfit for cultivation.
(5) Nothing in sub-sections (1) to (4) shall affect the right of the Government to make an order
directing the determination of the reasonable rent of lands in any specified area.
115. Commutation of rent payable in kind.—(1) In any case in which rent is payable in kind, the
landowner or the tenant may apply in writing to the competent authority in the prescribed form and
manner, for commuting the rent into money rent.
(2) On receipt of such application, the competent authority shall, after giving notice to the other party,
determine the money rent payable for the land in accordance with the following provisions but not
exceeding the maximum rent specified in section 112.
(3) In determining the money rent, regard shall be had to—
(a) the average money rent payable by tenants for land of similar description and with similar
advantages in the vicinity;
(b) the average value of the rent actually received by the landowner during the three years
preceding the date of application;
(c) the average prices of crops and commodities in the locality during the three years preceding
the date of application;
(d) the improvements, if any, made to the land by the landowner or the tenant; and
(e) any other factor which may be prescribed.
116. Receipt for payment of rent.—Every landowner shall give or cause to be given a receipt for the
rent received by him or on his behalf in such form as may be prescribed duly signed by him or his
authorised agent.
117. Refund of rent recovered in excess.—If any landowner recovers from a tenant rent in excess of
the amount due under this Act, he shall forthwith refund the excess amount so recovered and shall also be
liable to punishment as provided in this Act.
118. Suspension or remission of rent.—(1) Where a landowner has obtained from or been granted
by the Government any relief by way of suspension or remission, whether in whole or in part, of the land
revenue payable in respect of his land, he shall be bound to give and the tenant concerned shall be entitled
to receive from the landowner a corresponding or proportionate relief by way of suspension or remission
of rent payable in respect of such land.
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(2) The nature and extent of the relief which a landowner is bound to give and which the tenant is
entitled to receive under sub-section (1) shall be determined in accordance with the rules made under this
Act.
(3) No suit shall lie and no decree of a civil court shall be executed for the recovery by a landowner of
any rent the payment of which has been remitted, or during the period for which the payment of such rent
has been suspended, under this section.
(4) The period during which the payment of rent is suspended under this section shall be excluded in
computing the period of limitation prescribed for any suit or proceeding for the recovery of such rent.
(5) If any landowner fails to suspended or remit the payment of rent as provided in sub-section (1), he
shall be liable to refund to the tenant the amount recovered by him in contravention of the provisions of
this section and shall also be liable to punishment as provided in this Act.
119. Eviction of tenant.—(1) No person shall evicted from any land held by him as tenant except
under the order of the competent authority made on any of the following grounds, namely:—
(a) that the land has been reserved for personal cultivation of the landowner under section 102, or
is deemed to have been reserved for personal cultivation of the landowner under section 104;
(b) that a notice has been given to the tenant under sub-section (3) of section 106;
(c) that the tenant has intentionally and wilfully committed such acts of waste as are calculated to
impair materially or permanently the value or utility of the land for agricultural purposes;
(d) that the tenant has failed to pay rent within a period of three months after it falls due:
Provided that the competent authority may, if it thinks fit, grant further time not exceeding six
months for payment of the rent;
(e) that the tenant, not being a person under disability, has after the commencement of this Act,
sub-let the land without the consent in writing of the landowner.
(2) No order for eviction of a tenant shall be executed till the standing crops, if any, on the land are
harvested.
(3) Where any order for eviction has been made against a tenant on the ground specified in clause (a)
of sub-section (1), then, notwithstanding such order, the tenant shall, until he is provided with alternative
land in accordance with the rules made in this behalf, be entitled to retain possession of—
(i) the entire land held by him as a tenant, in any case where the area of tenancy together with any
other land held by him does not exceed 1.25 acres in area; and
(ii) so much of the land held by him as a tenant as together with any other land held by him does
not exceed the limit of 1.25 acres in area, in any case where the area of the tenancy together with the
other land held by him exceeds the said limit:
Provided that nothing in this sub-section shall apply to a tenanat who holds land under any person
who is a member of the Armed Forces of the Union.
(4) Where any land has been reserved for the personal cultivation of a landowner by an order made
under sub-section (3) of section 102, no suit or application for the eviction of the tenant in respect of such
land under clause (a) of sub-section (1) shall lie after the expiry of five years from the commencement of
this Act or one year from the date of the said order, whichever is later:
Provided that where any such landowner is a person under disability, such suit or application may be
instituted or made within a period of five years from the date when the disability ceases.
Explanation.—For the purposes of this sub-section, the disability of a person shall cease—
(a) in the case of a widow, if she remarries, on the date of her remarriage or if any person
succeeds to the widow on her death, on the date of her death;
(b) in the case of a minor, on the date of his attaining majority;
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(c) in the case of a woman who is unmarried or who is divorced or judicially separated from her
husband, on the date of her marriage or remarriage, as the case may be, or in the case of a woman
whose husband is a person falling under clause (d) or (e), on the date on which the disability of the
husband ceases;
(d) in the case of a person who is a member of the Armed Forces of the Union, on the date of his
discharge from service or of his posting to the reserve;
(e) in the case of a person suffering from a physical or mental disability, on the date on which the
disability ceases to exist.
120. Restoration of possession of land to tenant.—Where a person who has taken possession of any
land by evicting tenant therefrom on the ground that the land had been reserved for personal cultivation
by him fails to cultivate such land personally within one year from the date on which he took possession
thereof or ceases to cultivate such land personally in any year during a period of four years next
following, the tenant shall be entitled to be restored to possession of the land from which he was evicted.
Explanation.—For the purpose of this section, land shall not be deemed to be under the personal
cultivation of a person (not being a person under disability) unless such person or a member of his family
engages himself in the principal agricultural operations.
121. Certain lands to be non-resumable land of tenant.—If a landowner fails to—
(a) apply for reservation of any land within the period prescribed in section 101, and the land is
not deemed to have been reserved under section 104, or
(b) file a suit or application for the eviction of the tenant from any land reserved under
section 102 within the period prescribed in sub-section (4) of section 119, or
(c) cultivate or ceases to cultivate the land and the tenant is restored to possession of the land
under section 120,
the competent authority may suo motu and shall, on application, after making such inquiry as may be
prescribed, declare the land to be the non-resumable land of the tenant.
122. Compensation for improvements.—(1) A tenant who has made any improvement at his own
expense on the land leased to him shall, if he is to be evicted under the provisions of this Chapter, be
entitled to receive compensation before he is so evicted for such improvement as in the opinion of the
competent authority, is reasonable.
(2) The compensation payable to a tenant under sub-section (1) shall be determined in accordance
with the value of such improvements on the date of eviction, and in determining such compensation,
regard shall be had to the following matters, namely:—
(a) the amount by which the value of the land has increased by reason of the improvement;
(b) the condition of the improvement at the date of the determination of the value thereof and the
probable duration of its effect;
(c) the labour and capital involved in the making of the improvement; and
(d) the advantages secured by the tenant in consideration of the improvement made by him.
(3) In any case in which compensation is payable to a tenant under this section, the competent
authority may direct that—
(a) the whole or any part of any loan which the tenant has taken on the security of his interest in
the land under section 110 and which is outstanding shall be deducted from such compensation and
paid to the Government or the co-operative society, as the case may be;
(b) any arrear of rent due by the tenant to the landowner and the costs, if any, awarded to the
landowner shall be adjusted against the compensation.
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123. Tenant may remove buildings, works, etc., not deemed improvements.—A tenant against
whom an order of eviction has been passed, shall be entitled to remove within such time as is deemed
reasonable by the competent authority any work of improvement which can be severed from the land and
which the tenant desires to remove, or any building or construction or work (which is not an
improvement) in respect of which the landowner is not willing to pay the compensation.
124. Restoration of possession of land in certain other cases.—(1) Where a tenant of any land has,
on or after the 6th day of March, 1956, surrendered, or been evicted from, such land, and the surrender or
eviction could not have taken place if this Act had been in force on the date of such surrender or eviction,
the competent authority may, suo motu or on application made by the tenant, restore him to possession of
the land which he surrendered or from which he was evicted unless some other tenant not being a member
of the landowner’s family, had bona fide been admitted to possession of such land.
(2) The competent authority shall, before making an order under sub-section (1), make such inquiry
as may be prescribed.
125. Relief against termination of tenancy for act of waste.—Where a tenancy is sought to be
terminated on the ground that the tenant has materially impaired the value or utility of the land for
agricultural purposes, if the damage to the land admits of being repaired or if pecuniary compensation
would afford adequate relief, no proceeding for eviction shall lie against the tenant unless and until the
landowner has served on the tenant a notice in writing specifying the damage complained of and the
tenant has failed within a period of one year from the service of such notice to repair the damage or to pay
compensation therefor.
126. Surrender of land by tenant.—(1) After the commencement of this Act, no tenant shall
surrender any land held by him as such, and no landowner shall enter upon the land surrendered by the
tenant, without the previous permission in writing of the competent authority.
(2) Such permission shall be granted if, after making such inquiry as may be prescribed, the
competent authority is satisfied that the proposed surrender is bona fide and in case the surrender is by a
person who was holding the land as tenant immediately before the commencement of this Act, the
permissible limit of the landowner concerned is not exceeded by such surrender; in other cases, the
permission shall be refused.
(3) Where permission is refused in any case, and the tenant gives a declaration in writing
relinquishing his rights in the land, the competent authority shall, in accordance with the rules made in
this behalf, lease out the land to any other person who shall acquire all the rights of the tenant who
relinquished his rights.
127. Transfer of ownership of land to tenant.—(1) Subject to the other provisions of this Act, the
ownership of any land which is declared to be the non-resumable land of a tenant under section 105, or
section 121 shall stand transferred from the landowner thereof to the tenant with effect from the date of
such declaration, and the tenant shall become the owner of such land and be liable to pay land revenue
therefor:
Provided that where, on an application made in this behalf by any person at any time before the
declaration is made under section 105 or under section 121, the competent authority is satisfied that such
person holds land not exceeding a family holding, whether as a landowner or otherwise, and that his
income is derived mainly from such land, the competent authority may, by order, provide that the transfer
of ownership of the land shall take effect on the expiry of a period of five years from the date of such
declaration.
128. Compensation to landowner.—(1) In respect of every land the ownership of which stands
transferred to the tenant under section 127, the landowner shall be entitled to compensation which shall
consist of the aggregate of the following amounts, this is to say,—
(a) an amount equal to thirty times the full land revenue payable for the land or, if the land is held
revenue-free or at a concessional rate, thirty times the amount of land revenue payable for similar
lands in the locality;
(b) the value of trees, if any, planned by the landowner.
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Explanation.—Where any improvement has been made on the land at the expense of the landowner at
any time subsequent to the last settlement, the land revenue for the purpose of this section shall be the
land revenue payable for similar lands in the locality.
(2) The land revenue payable for similar lands in the locality and the value of trees referred to in
sub-section (1) shall be determined in the prescribed manner.
(3) Every landowner entitled to compensation under this section shall, within a period of six months
from the date of the declaration referred to in section 127, apply to the competent authority in the
prescribed manner for determining the compensation.
129. Payment of compensation to landowner.—(1) The compensation to which a landowner is
entitled under section 128 shall be paid to him by the Government in the first instance, and it may be paid
in cash, in lump sum or in annual instalments not exceeding ten or in the form of bonds which may be
negotiable or non-negotiable but transferable.
(2) From the date of the declaration referred to in section 127, the landowner shall be entitled to
interest at the rate of 2½ per cent. per annum on the compensation or such portion thereof as remains
unpaid.
(3) Any mortgage of, or encumbrance on, the land of which the ownership is transferred to the tenant
under section 127 shall be a valid charge on the amount of compensation payable to the landowner.
(4) Notwithstanding anything contained in sub-sections (1) to (3), where the person entitled to
compensation under section 128 is a charitable or religious institution, the compensation shall, instead of
being assessed under that section, be assessed as a perpetual annuity equal to the reasonable rent for the
land, less the land revenue payable on such land. The amount so assessed shall be paid to such institution
in the prescribed manner.
130. Tenant to pay compensation amount.—(1) Every tenant to whom ownership of any land has
been transferred under section 127 shall be liable to pay to the Government in respect of that land
compensation as determined under section 128.
(2) The compensation shall be payable in cash, in lump sum or in such number of annual instalments
not exceeding twenty as may be prescribed. Interest at the rate of 2½ per cent. annum shall be payable on
the compensation or such portion thereof as remains unpaid.
(3) The compensation payable under this section shall be a charge on the land.
(4) The compensation or any instalment thereof shall be recoverable in the same manner as an arrear
of land revenue.
131. Issue of certificate to tenants.—When the compensation or the first instalment of the
compensation, as the case may be, has been paid by the tenant, the competent authority may suo motu and
shall, on application made to it in this behalf, issue to the tenant a certificate in the prescribed form
declaring him to be the owner of the land specified therein.
132. First option to purchase.—(1) If a landowner at any time intends to sell his land held by a
tenant, he shall give notice in writing of his intention to such tenant and offer to sell the land to him. In
case the letter intends to purchase the land, he shall intimate in writing his readiness to do so within two
months from the date of receipt of such notice.
(2) If there is any dispute about the reasonable price payable for the land, either the landowner or the
tenant may apply in writing to the competent authority for determining the reasonable price; and the
competent authority, after giving notice to the other party and to all other persons interested in the land
and after making such inquiry as it thinks fit, shall fix the reasonable price of the land which shall be the
average of the prices obtaining for similar lands in the locality during the ten years immediately preceding
the date on which the application is made.
(3) The tenant shall deposit with the competent authority the amount of the price determined under
sub-section (2) within such period as may be prescribed.
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(4) On deposit of the entire amount of the reasonable price, the prescribed authority shall issue a
certificate in the prescribed form to the tenant declaring him to be the purchaser of the land; the
competent authority shall also direct that the reasonable price deposited shall be paid to the landowner.
(5) If the tenant does not exercise the right of purchase in response to the notice given to him by the
landowner under sub-section (1) or fails to deposit the amount of the price as required by sub-section (3),
such tenant shall forfeit his right of purchase, and the landowner shall be entitled to sell such land to any
other person.
(6) The forfeiture of the right to purchase any land under this section shall not affect the other rights
of tenant in such land.
133. Power to make rules.—(1) The Administrator may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the form of notices to be issued under this Part and the manner of their service;
(b) the manner of holding inquiries under this Part;
(c) the circumstances in which and the period for which land used for agricultural purposes may
be left uncultivated;
(d) the conditions subject to which lands may be leased by the deputy commissioner under
section 107;
(e) the form of applications to be made under this Part, the authorities to whom they may be made
and the procedure to be followed by such authorities in disposing of the applications;
(f) the determination of the value of the produce of land, the profits of agriculture, and the rental
values of land, for the purposes of this Part;
(g) the time and manner of payment of rent by the tenant;
(h) the form of receipt for rent to be given by the landowner;
(i) the factors to be taken into account in determining reasonable rent for land and in commuting
rent in kind into money rent;
(j) the nature and the extent of relief to the tenant in cases of suspension or remission of land
revenue by the Government;
(k) the determination of compensation for improvements to tenants who are evicted from land;
(l) the grant of permission to surrender land;
(m) the determination of the amount of compensation payable to the landowner in respect of the
non-resumable lands of tenants;
(n) the form of certificates to be granted to tenants;
(o) the determination of the price to be paid by tenant for land in respect of which the first option
to purchase is exercised;
(p) any other matter which is to be or may be prescribed.