Section 23 of The Ajmer Tenancy and Land Records Act, 1950
Land in which hereditary rights shall not accrue.
Notwithstanding anything in this Act, hereditary rights shall not accrue in--
- (i)unstable land, or
- (ii)grove-land, pasture-land, bir, or land, covered by water, used for the purpose of growing singhara or other produce, or
- (iii)land used for casual or occasional cultivation in the bed of a river or a stream, or
- (iv)land acquired or held for a public purpose or for a work of public utility, or
- (v)the khudkasht of a landlord who is serving in the military, naval or air forces of India, so long as he remains in such service and for two years after the cessation of such service: Provided that where there are several co-sharers in such khudkasht and not all of them are in such service, the provisions of this clause shall apply only when the co-sharers who are not in such service belong to one or more of the following classes, namely, females, minors, lunatics, idiots or persons incapable of cultivating by reason of blindness or physical infirmity, or confinement in prison.
Summary
- This provision lists specific types of land where tenants cannot gain permanent hereditary rights, which are rights that naturally pass to one's heirs.
- It protects land held for public use or work of public utility from being claimed as a permanent tenancy.
- It excludes unstable land and land used for specific crops like water chestnuts or for casual cultivation in riverbeds.
- It provides a special protection for landlords serving in the Indian military, ensuring they do not lose control over their personal cultivation land while away.
- This military protection lasts for the entire duration of their service and continues for two years after they leave the service.
- If a military landlord has partners who are not serving, the protection only applies if those partners are people like minors, widows, or others unable to farm for themselves.
Practical examples
FAQ
1. Can I get permanent rights on a grazing field under Section 23 of The Ajmer Tenancy and Land Records Act, 1950?
No, Section 23 of the Act specifically states that hereditary rights shall not accrue in pasture-land or bir land.
2. What happens to a soldier's land if he stays in the army for ten years under Section 23 of the Ajmer Tenancy Act?
Under Section 23 of the Act, his personal land is protected from tenants gaining hereditary rights for the entire ten years of his service and for two years after he leaves.
3. Does Section 23 of the Ajmer Land Records Act apply to land in a riverbed?
Yes, Section 23 of the Act prevents the accrual of hereditary rights in land used for casual or occasional cultivation in the bed of a river or a stream.
4. If a landlord is in prison, does Section 23 of the 1950 Act protect his land?
Section 23 of the Act mentions that if a military landlord has co-owners, the protection applies if the co-owners who are not serving are in prison or otherwise unable to cultivate.
Test yourself
Q1.Under Section 23 of The Ajmer Tenancy and Land Records Act, 1950, which of the following land types is exempt from the accrual of hereditary rights?
Q2.How long does the protection for a military member's land last after they leave service under Section 23 of the Ajmer Tenancy Act?
Q3.Under Section 23 of the 1950 Act, which group of co-sharers allows a military member's land to remain protected if they are the only ones not serving?
Q4.Which of these crops is specifically mentioned as not leading to hereditary rights under Section 23 of the Ajmer Land Records Act?