Section 64 of The Ajmer Tenancy and Land Records Act, 1950
Subject to the provisions of section 63, a tenant shall be liable to pay rent in accordance with the following scale:--
- (a)a hereditary or a non-occupancy tenant, other than a sub-tenant one-fifth of the produce of his holding;
- (b)an occupancy tenant one-sixth of the produce of his holding;
- (c)an exproprietary tenant one-eighth of the produce of his holding: Provided that if in any area bighori at customary rate is payable for any crop, a tenant may elect to pay such rate for such crop: Provided further that if a tenant grows cotton, or a crop in which cotton predominates, on more than one fourth of the irrigable area of his holding, the rent of such excess area shall be payable at double the bighori at customary rates. Explanation.--In this section the expression "produce of his holding" shall not include the straw chaff (bhusa) of the rabi or the dry stalks of kharif crop.
Summary
- This section defines exactly how much of a harvest a tenant must pay as rent based on their class.
- Hereditary and non-occupancy tenants must pay one-fifth of their produce as the standard rent.
- Occupancy tenants pay one-sixth of their produce, while exproprietary tenants pay the lowest rate of one-eighth.
- Tenants can choose to pay a money rent per bigha, known as bighori, if that is the customary practice for that specific crop in their area.
- It punishes overplanting of cotton by doubling the money rent on the area that exceeds one-fourth of the watered land.
- It clarifies that rent shares are calculated only on the main crop, not on waste materials like straw or dry stalks.
Practical examples
FAQ
1. What is the rent for an occupancy tenant under Section 64 of The Ajmer Tenancy and Land Records Act, 1950?
An occupancy tenant is liable to pay one-sixth of the produce of their holding under Section 64 of The Ajmer Tenancy and Land Records Act, 1950.
2. Does a tenant have to give the landlord straw or chaff under Section 64 of the Ajmer Tenancy law?
No, the term produce under Section 64 of The Ajmer Tenancy and Land Records Act, 1950 does not include the straw, chaff, or dry stalks of the crops.
3. Can a tenant choose to pay money instead of crops under Section 64 of The Ajmer Tenancy and Land Records Act, 1950?
Yes, if bighori, which is money rent per bigha, is customarily payable for a crop in that area, the tenant may elect to pay that rate under Section 64 of The Ajmer Tenancy and Land Records Act, 1950.
4. What happens if a tenant grows too much cotton under Section 64 of the Ajmer Tenancy law?
If cotton is grown on more than one-fourth of the irrigable area, the rent for the excess area is double the customary money rent under Section 64 of The Ajmer Tenancy and Land Records Act, 1950.
Test yourself
Q1.Under Section 64 of The Ajmer Tenancy and Land Records Act, 1950, what is the rent share for an exproprietary tenant?
Q2.According to the explanation in Section 64 of The Ajmer Tenancy and Land Records Act, 1950, which of the following is excluded from the produce of the holding?
Q3.Under Section 64 of The Ajmer Tenancy and Land Records Act, 1950, what share of produce must a hereditary tenant pay if they do not pay money rent?
Q4.If a tenant grows cotton on 50 percent of their irrigable land, how is the rent for the extra area calculated under Section 64 of The Ajmer Tenancy and Land Records Act, 1950?