Section 61 of The Ajmer Tenancy and Land Records Act, 1950
Acceptance of premium; how far permissible.
No landholder shall accept a premium for admitting a person to a holding: Provided that this prohibition shall not apply to a landlord who confers biswadari right in any waste or unimproved land or common land of a village.
Summary
- Landholders are generally prohibited from accepting any "premium" when admitting a new person to a holding.
- A premium is an extra upfront payment, similar to a bonus or a deposit, required just to get the tenancy.
- There is one specific exception to this rule for landlords who are granting ownership rights, known as biswadari rights.
- This exception only applies if the land being granted is waste land, land that has not been improved, or common land belonging to the village.
Practical examples
FAQ
1. Can a landlord charge a deposit for a new tenant under the Ajmer Tenancy and Land Records Act, 1950?
No, Section 61 of the Act prohibits a landholder from accepting a premium, which includes extra upfront fees, for admitting a person to a holding.
2. Is there any case where a premium is allowed under the 1950 Act?
Yes, under Section 61, a landlord can accept a premium if they are conferring biswadari, or ownership, rights in waste, unimproved, or common village land.
3. Does the ban on premiums apply to all landholders in Ajmer?
Yes, Section 61 of the Act states that no landholder shall accept a premium, except for the specific ownership grants mentioned in the provision.
Test yourself
Q1.Under Section 61 of The Ajmer Tenancy and Land Records Act, 1950, what is a "premium"?
Q2.According to Section 61 of the Ajmer land law, for which type of land is a premium allowed?
Q3.Under Section 61 of the 1950 Act, what right is being granted when a landlord is allowed to accept a premium?
Q4.Does Section 61 of the Ajmer Tenancy and Land Records Act, 1950 apply to land that is already well developed?