Section 16 of The Ajmer Tenancy and Land Records Act, 1950
Collector's powers to let to tenants.
If the collector is satisfied that the landlord of an estate or village, without good reason, keeps large areas of his niji jot and other culturable land uncultivated, or that an emergency has arisen for bringing under cultivation land which has not been previously cultivated or, if previously cultivated, has remained uncultivated for more than three years, he may,
- (i)with the previous sanction of the Chief Commissioner, take possession of such land, and
- (ii)notwithstanding anything to the contrary contained in this Act, allot it for cultivation on such terms and conditions as may be prescribed, and the person to whom the land is so allotted shall, unless he is the landlord at such land, be deemed to have been admitted as tenant within the meaning of clause (b) of section 22: Provided that, while giving his sanction under clause (i), the Chief Commissioner may exempt from its operation any land which is used as pasture land or threshing-floor, or for some other purpose for the benefit of the public.
Summary
- The Collector has the power to take control of land if a landlord is wasting it by leaving it uncultivated without a good reason.
- This power applies to niji jot and any other land that could be farmed but is currently idle.
- The Collector can also act if there is an emergency need to bring new or long-fallow land (uncultivated for over three years) into use.
- Before taking possession, the Collector must get permission from the Chief Commissioner.
- Land taken this way is rented out to tenants, who are then considered hereditary tenants under the rules of Section 22.
- Public lands like pastures or threshing floors can be protected and kept out of this process.
Practical examples
FAQ
1. Can the Collector take my land if I am not farming it under The Ajmer Tenancy and Land Records Act, 1950?
Yes, under Section 16, if the Collector is satisfied that a landlord is keeping culturable land uncultivated without a good reason, he may take possession with higher sanction.
2. What is the status of a person who is given land by the Collector under Section 16 of The Ajmer Tenancy and Land Records Act, 1950?
Such a person is deemed to be a hereditary tenant, as defined in Section 22 of the Act.
3. Does the Collector need anyone's permission to take uncultivated land under The Ajmer Tenancy and Land Records Act, 1950?
Yes, under Section 16, the Collector must obtain the previous sanction of the Chief Commissioner.
4. Are village grazing lands safe from being taken under Section 16 of The Ajmer Tenancy and Land Records Act, 1950?
Yes, the Chief Commissioner can exempt pasture land or other public-benefit lands from being taken over and allotted for cultivation.
Test yourself
Q1.Under Section 16 of The Ajmer Tenancy and Land Records Act, 1950, what is the minimum time land must have been uncultivated for it to be considered for emergency allotment?
Q2.Who must give final permission before the Collector takes possession of uncultivated land under Section 16 of The Ajmer Tenancy and Land Records Act, 1950?
Q3.According to Sections 16 and 22 of The Ajmer Tenancy and Land Records Act, 1950, what legal class of tenant is a person who is allotted land by the Collector?
Q4.Which of the following can the Chief Commissioner exempt from the Collector's power to let land under Section 16 of The Ajmer Tenancy and Land Records Act, 1950?