Section 76 of The Ajmer Tenancy and Land Records Act, 1950
- (1)When rent is payable by batai, the tenant shall have a right to the exclusive possession of the crop and to cut and harvest it in due course of husbandry without any interference on the part of the landholder, but shall not be entitled to cut any portion of the produce of his holding or to remove it from the threshing-floor at such time or in such manner as to prevent the due division thereof at the proper time.
- (2)If a landholder prevents a tenant from tending, cutting, gathering or storing the crop, or otherwise interferes with harvesting operations, he shall be liable, on the complaint of the tenant, to pay to him such sum, not exceeding one hundred rupees, as may be awarded as compensation and such sum shall be recovered as arrears of revenue and paid to the tenant.
- (3)Such complaint shall be made in writing to the sub-divisional officer who shall inquire into, and decide, the case and submit the record for confirmation of the order passed by him to the collector.
- (4)If the tenant cuts or removes any portion of the produce of his holding, contrary to the provisions of sub-section (1), such produce shall, for the purpose of determining the share of the landholder, be deemed to be equal to that of the best crop of the same kind grown at that harvest on similar land in the neighbourhood.
Summary
- When rent is paid as a share of the crop, the tenant has the right to harvest it without interference.
- The tenant is not allowed to take any part of the crop away from the threshing floor before it is officially divided.
- If a tenant sneaks the crop away early, the landlord's share is calculated as if the crop was as good as the best one in the neighborhood.
- Complaints about landlord interference are handled by the sub-divisional officer and must be confirmed by the collector.
Practical examples
FAQ
1. Can a landlord stop a tenant from cutting their crops under Section 76 of The Ajmer Tenancy and Land Records Act, 1950?
No, Section 76 of The Ajmer Tenancy and Land Records Act, 1950, gives the tenant exclusive rights to harvest, and a landlord who interferes can be fined.
2. Is a tenant allowed to remove crops before they are divided under Section 76 of The Ajmer Tenancy and Land Records Act, 1950?
No, Section 76 of The Ajmer Tenancy and Land Records Act, 1950, forbids removing produce from the threshing floor before the due division.
3. How is the landlord's share decided if a tenant hides the crop under Section 76 of The Ajmer Tenancy and Land Records Act, 1950?
It is deemed to be equal to the best crop of the same kind grown in the neighborhood for that harvest, per Section 76 of The Ajmer Tenancy and Land Records Act, 1950.
Test yourself
Q1.Under Section 76 of The Ajmer Tenancy and Land Records Act, 1950, what is the maximum compensation a landlord might pay for interfering with harvesting?
Q2.According to Section 76 of The Ajmer Tenancy and Land Records Act, 1950, who must confirm the order when a landlord is fined for interference?
Q3.Under Section 76 of The Ajmer Tenancy and Land Records Act, 1950, if a tenant removes the crop before division, the share is based on:
Q4.Does a tenant have exclusive possession of the crop during cutting under Section 76 of The Ajmer Tenancy and Land Records Act, 1950?