Section 5 of The Ajmer Tenancy and Land Records Act, 1950
Anything which is by this Act required or permitted to be done by a landlord or a tenant may be done by his authorised agent, and, in the absence of evidence of a contrary intention, in dealings between a landlord and a tenant such agent shall be deemed to be acting under the authority of his principal: Provided that, except as provided in section 198, a legal practitioner or his clerk or employee, or a petition-writer shall not act as authorised agent of such landlord or tenant. Explanation.--In this section "authorised agent" includes a kamdar of a jagirdar or istimrardar.
Summary
- This provision allows both landlords and tenants to perform their duties through an authorised agent.
- It creates a legal assumption that an agent is acting with the principal's authority unless there is evidence otherwise.
- It strictly forbids legal practitioners (lawyers), their clerks, or petition writers from acting as these authorised agents.
- There is only one exception to the ban on lawyers, which is defined in Section 198 of the Act.
- Authorised agents specifically include a "kamdar" (manager) for certain landlords like jagirdars.
Practical examples
FAQ
1. Can a landlord have someone else do their official work under the Ajmer Tenancy and Land Records Act, 1950?
Yes, Section 5 of the Ajmer Tenancy and Land Records Act, 1950, allows landlords and tenants to act through an authorised agent.
2. Can my lawyer sign land records as my agent under Section 5 of the Ajmer Tenancy and Land Records Act, 1950?
No, Section 5 specifically says that a legal practitioner or their clerk cannot act as an authorised agent, except for specific cases allowed in Section 198.
3. Who is considered an "authorised agent" for a jagirdar under the Ajmer Tenancy and Land Records Act, 1950?
The explanation in Section 5 states that an "authorised agent" includes a kamdar of a jagirdar or istimrardar.
Test yourself
Q1.Under Section 5 of The Ajmer Tenancy and Land Records Act, 1950, what is assumed about an agent's actions?
Q2.According to Section 5 and Section 198 of The Ajmer Tenancy and Land Records Act, 1950, can a lawyer act as an authorised agent for routine farm tasks?
Q3.Which of the following people is specifically allowed to be an authorised agent for a jagirdar under Section 5 of The Ajmer Tenancy and Land Records Act, 1950?
Q4.Why does Section 5 of The Ajmer Tenancy and Land Records Act, 1950, restrict lawyers from being agents?