CHAPTER IX—RIGHTS OF RAIYATS IN LAND
99. Rights of raiyats.—(1) For the removal of doubts, it is hereby declared that subject to the other
provisions of this Act,—
(a) the rights of a raiyat in his land shall be permanent, heritable and transferable;
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(b) the raiyat shall be entitled by himself, his servants, under-raiyats, agents or other
representatives to erect farm buildings, construct wells or tanks or make other improvements thereon
for the better cultivation of the land or its convenient or profitable use;
(c) the raiyat is entitled to plant trees on his land, to enjoy the products thereof and to fell, utilise
or dispose of the timber of any trees on his land.
(2) Nothing in sub-section (1) shall entitle a raiyat 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 lands.
100. Reservation of land for personal cultivation.—(1) Every raiyat 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 under-raiyats.
(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 the commencement of this Act.
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.
101. Procedure for reservation of lands.—(1) The competent authority shall, on an application
made under section 100, issue notice together with a copy of the application to each of the under-raiyats
holding land from the applicant requiring the under-raiyat 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) An under-raiyat on whom a notice has been served under sub-section (1), shall furnish to the
competent authority within the period aforesaid details of lands owned by him or held as under-raiyat of
any other raiyat and of lands which he selects for retention by him.
(3) The competent authority shall, after considering the objections and the details, if any, furnished by
the under-raiyats 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 raiyat and the lands which each of his under-raiyats may
be allowed to retain.
102. “Permissible limit” defined.—(1) In section 101, “permissible limit” means an area of land
which a raiyat may resume from under-raiyats for personal cultivation, that is to say,—
(a) in the case of a person under disability, 25 standard 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 under-raiyats 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 under-raiyats but not exceeding the area by which
land under his personal cultivation falls short of a family holding, provided that the underraiyat is left with not less than a basic holding and provided further that a raiyat 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 a family holding or more under his personal cultivation, the area leased to
under-raiyats but not exceeding the area by which land in his personal cultivation falls short
of 25 standard acres, provided that the under-raiyat is left with not less than a family holding.
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Explanation.—For the purpose of determining the permissible limit of a raiyat under this
sub-section, any non-resumable land which he may hold as an under-raiyat shall also be taken into
account.
(2) Notwithstanding anything contained in sub-section (1), an under-raiyat who under any law,
custom or usage is not liable to eviction at the commencement of this Act on the ground that the land is
required for personal cultivation, shall in all cases be left with a basic holding or the land actually held by
him, whichever is less.
(3) Any transfer of land made on or after the 10th August, 1957 shall be disregarded in computing the
permissible limit.
103. Land deemed to be reserved for personal cultivation in certain cases.—In the case of a raiyat
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 under-raiyats at such commencement shall, subject to the provisions of sub-section (2) of
section 102, be deemed to have been reserved for his personal cultivation.
Explanation.—Any transfer of land made on or after the 10th August, 1957 shall be disregarded in
determining the extent of land owned by a raiyat at the commencement of this Act.
104. Non-resumable land.—The competent authority shall declare every land which, under
sub-section (3) of section 101, an under-raiyat is allowed to retain to be the non-resumable land of the
under-raiyat.
105. Right to lease.—(1) Subject to the provisions of this Act, a raiyat may lease out his land to
another person on such rent not exceeding the maximum rent referred to in section 111 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 every such 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 raiyat 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
under-raiyat three months‟ notice in writing before the expiry of any year, and any other raiyat may by
giving the under-raiyat one year‟s notice in writing before the expiry of any term of five years, terminate
the tenancy if the raiyat requires the land bona fide for personal cultivation by him.
106. Land left uncultivated.—(1) Where the Collector is satisfied that any land has remained
uncultivated for a period of 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 a lease made by the raiyat under
sub-section (1) of section 105.
107. Relinquishment.—(1) Subject to any rules that may be made under this Act, a raiyat 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 raiyat 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.
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CHAPTER X.—RIGHTS OF UNDER-RAIYATS
108. Interest of under-raiyats.—(1) The interest of an under-raiyat 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 under-raiyat shall be evicted from his land except as provided in this Act.
109. Right to create a mortgage or charge.—It shall be lawful for an under-raiyat to create a simple
mortgage or 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.
110. Right to make improvements.—An under-raiyat may, with the permission in writing of the
raiyat, or if permission is refused without sufficient reason or is not given within two months, after
obtaining the orders 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.
111. Maximum rent.—The rent payable by an under-raiyat 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 raiyat and one-fifth of such produce or its value as so estimated if plough cattle is not
supplied by the raiyat;
(b) in any other case, four times the land revenue payable in respect of the land.
112. Payment of rent.—(1) The rent payable by an under-raiyat shall, subject to the provisions of
section 111, be the rent agreed upon between him and the raiyat, 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.
113. Reasonable rent.—(1) The competent authority may, on application made to it in this behalf by
the raiyat or the under-raiyat, determine the reasonable rent for any land.
(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 raiyat or the under-raiyat;
(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 raiyat;
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(c) that the extent of land has been altered by more than one acre by alluvion or diluvion.
(d) 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.
114. Commutation of rent payable in kind.—(1) In any case in which rent is payable in kind, the
raiyat or the under-raiyat 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 111.
(3) In determining the money rent, regard shall be had to—
(a) the average money rent payable by under-raiyats for land of similar description and with
similar advantages in the vicinity;
(b) the average value of the rent for the land actually received by the raiyat 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 raiyat or the under-raiyat; and
(e) any other factor which may be prescribed.
115. Receipt for payment of rent.—Every raiyat 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.
116. Refund of rent recovered in excess.—If any raiyat recovers from an under-raiyat 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.
117. Suspension or remission of rent.—(1) Where a raiyat 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 under-raiyat concerned shall be
entitled to receive from the raiyat, a corresponding or proportionate relief by way of suspension or
remission of rent payable in respect of such land.
(2) The nature and extent of the relief which a raiyat is bound to give and which the under-raiyat 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 raiyat 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 for any suit or proceeding for the recovery of such rent.
(5) If any raiyat fails to suspend or remit the payment of rent as provided in sub-section (1), he shall
be liable to refund to the under-raiyat 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.
118. Eviction of under-raiyat.—(1) No person shall be evicted from any land held by him as
under-raiyat 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 raiyat under section 101, or is
deemed to have been reserved for personal cultivation of the raiyat under section 103;
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(b) that a notice has been given to the under-raiyat under sub-section (3) of section 105;
(c) that the under-raiyat 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 under-raiyat 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 under-raiyat, not being a person under disability, has, after the commencement of this
Act, sublet the land without the consent in writing of the raiyat.
(2) No order for eviction of an under-raiyat shall be executed till the standing crops, if any, on the
land are harvested.
(3) Where any land has been reserved for the personal cultivation of a raiyat by an order made under
sub-section (3) of section 101, no suit or application for the eviction of the under-raiyat 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 raiyat 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 re-marries, 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;
(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.
119. Restoration of possession of land to under-raiyat.—Where a person who has taken possession
of any land by evicting an under-raiyat 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 under-raiyat 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.
120. Certain lands to be non-resumable land of under-raiyat.—If a raiyat fails to—
(a) apply for reservation of any land within the period prescribed in section 100, and the land is
not deemed to have been reserved under section 103, or
(b) file a suit or application for the eviction of the under-raiyat from any land reserved under
section 101 within the period prescribed in sub-section (3) of section 118, or
(c) cultivate or ceases to cultivate the land and the under-raiyat is restored to possession of the
land under section 119,
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 under-raiyat.
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121. Compensation for improvements.—(1) An under-raiyat 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 an under-raiyat 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 under-raiyat in consideration of the improvement made by him.
(3) In any case in which compensation is payable to an under-raiyat under this section, the competent
authority may direct that—
(a) the whole or any part of any loan which the under-raiyat has taken on the security of his
interest in the land under section 109 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 under-raiyat to the raiyat and the costs, if any, awarded to the
raiyat shall be adjusted against the compensation.
122. Under-raiyat may remove building, works, etc., not deemed improvements.—An
under-raiyat 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 under-raiyat desires to remove, or any building or construction or work
(which is not an improvement) in respect of which the raiyat is not willing to pay the compensation.
123. Restoration of possession of land in certain other cases.—(1) Where an under-raiyat of any
land has, on or after the 10th August, 1957, 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 under-raiyat, restore
him to possession of the land which he surrendered or from which he was evicted unless some other
under-raiyat, not being a member of the raiyat‟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.
124. Relief against termination of tenancy for act of waste.—Where a tenancy is sought to be
terminated on the ground that the under-raiyat 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 under-raiyat unless and until
the raiyat has served on the under-raiyat a notice in writing specifying the damage complained of and the
under-raiyat has failed within a period of one year from the service of such notice to repair the damage or
to pay compensation therefor.
125. Surrender of land by under-raiyat.—(1) After the commencement of this Act, no under-raiyat
shall surrender any land held by him as such, and no raiyat shall enter upon the land surrendered by the
under-raiyat, 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 under-raiyat immediately before the commencement of this Act, the
permissible limit of the raiyat concerned is not exceeded by such surrender; in other cases, the permission
shall be refused.
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(3) Where permission is refused in any case, and the under-raiyat 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 under-raiyat who
relinquished his rights.
126. Transfer of ownership of land to under-raiyats.—Subject to the other provisions of this Act,
the ownership of any land which is declared to be the non-resumable land of an under-raiyat under
section 104 or section 120 shall stand transferred from the raiyat thereof to the under-raiyat with effect
from the date of such declaration, and the under-raiyat shall become the owner of such land and be liable
to pay land revenue therefor.
127. Compensation to raiyat.—(1) In respect of every land the ownership of which stands
transferred to the under-raiyat under section 126, the raiyat shall be entitled to compensation which shall
consist of the aggregate of the following amounts, that 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, planted by the raiyat.
Explanation.—Where any improvement has been made on the land at the expense of the raiyat 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 raiyat entitled to compensation under this section shall, within a period of six months from
the date of the declaration referred to in section 126, apply to the competent authority in the prescribed
manner for determining the compensation.
128. Payment of compensation to raiyat.—(1) The compensation to which a raiyat is entitled under
section 127 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 twenty 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 126, the raiyat shall be entitled to interest at
the rate of 2½ per cent. per annum on the compensation or such portion thereof as remains un paid.
(3) Any mortgage of, or encumbrance on, the land of which the ownership is transferred to the
under-raiyat under section 126 shall be a valid charge on the amount of compensation payable to the
raiyat.
(4) Notwithstanding anything contained in sub-sections (1) to (3), where the person entitled to
compensation under section 127 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.
129. Under-raiyat to pay compensation amount.—(1) Every under-raiyat to whom ownership of
any land has been transferred under section 126 shall be liable to pay to the Government in respect of that
land compensation as determined under section 127.
(2) The compensation shall be payable in cash, in lump sum or in such number of annual instalments,
not exceeding twenty as may prescribed. Interest at the rate of 2½ per cent. per 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 re-coverable in the same manner as an arrear
of land revenue.
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130. Issue of certificate to under-raiyats.—When the compensation or the first instalment of the
compensation, as the case may be, has been paid by the under-raiyat, the competent authority may
suo motu and shall, on application made to it in this behalf, issue to the under-raiyat a certificate in the
prescribed form declaring him to be the owner of the land specified therein.
131. First option to purchase.—(1) If a raiyat at any time intends to sell his land held by an
under-raiyat, he shall give notice in writing of his intention to such under-raiyat and offer to sell the land
to him. In case the latter 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 raiyat or the
under-raiyat 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 under-raiyat shall deposit with the competent authority the amount of the price determined
under sub-section (2) within such period as may be prescribed.
(4) On deposit of the entire amount of the reasonable price, the competent authority shall issue a
certificate in the prescribed form to the under-raiyat 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 raiyat.
(5) If an under-raiyat does not exercise the right of purchase in response to the notice given to him by
the raiyat under sub-section (1) or fails to deposit the amount of the price as required by sub-section (3),
such under-raiyat shall forfeit his right of purchase, and the raiyat 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 the under-raiyat in such land.
132. 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 Collector under section 106;
(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 under-raiyat;
(h) the form of receipt for rent to be given by the raiyat;
(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 under-raiyat in cases of suspension or remission of
land revenue by the Government;
(k) the determination of compensation for improvements to under-raiyats who are evicted from
land;
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(l) the grant of permission to surrender land;
(m) the determination of the amount of compensation payable to the raiyat in respect of the
non-resumable lands of under-raiyats;
(n) the form of certificates to be granted to under-raiyats;
(o) the determination of the price to be paid by under-raiyat 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.