Section 77 of The Ajmer Tenancy and Land Records Act, 1950
- (1)When the rent of any land is payable by batai, the tenant may, when the crop is ripe, apply to the tahsildar, requesting that an officer be deputed to make the division and, subject to the payment of the prescribed fee, the tahsildar shall, within ten days of such payment, depute an officer for the purpose.
- (2)The officer so deputed shall proceed to the spot on a day of which notice shall be given to the landholder and the tenant, cause the crop to be cut or gathered, and stored, and, after such inquiry as he deems fit, get the produce divided in accordance with the shares to which the parties may be respectively entitled.
- (3)The weighment charges or other expenses, if any, incurred in making the division shall be borne by the parties in proportion to their shares in the produce.
- (4)In making the division, such officer shall take the assistance of assessors to be appointed, as nearly as may be, in accordance with the provisions of sub-sections (2) and (3) of section 79, draw up a note specifying the share of produce delivered to each party and other necessary particulars, explain such note to the parties and assessors, get it signed by them and submit it with his report to the tahsildar.
- (5)Such officer shall not allow any levy prohibited by sub-section (1) of section 62 to be charged at the time of batai, and in his report to the tahsildar he shall state that no such levy was charged.
- (6)If either the landholder or the tenant is dissatisfied with the division he may, within fifteen days of such division, complain in writing to the tahsildar who shall inquire into the matter and, if necessary, pass a decree for money in favour of the party entitled, and submit the record of the case for confirmation of the decree or order passed by him to the sub-divisional officer If no such complaint is made, the tahsildar shall confirm the note of the officer deputed.
- (7)The sub-divisional officer may confirm, amend or set aside the decree of order or pass such other order as he deems fit.
- (8)A decree for money passed under sub-section (6) or (7) shall, if against the tenant, be deemed to be a decree for arrears of rent and, if against the landholder, be realised in accordance with the provisions of sections 88 and 89.
Summary
- If rent is a share of the harvest, a tenant can ask a local official called a tahsildar to send someone to oversee the division.
- The official must be sent within ten days of the tenant paying the required fee.
- This official supervises the cutting and weighing of the crop and uses local people called assessors to help.
- No illegal taxes or extra fees are allowed to be taken during this official division.
- Anyone unhappy with the result has fifteen days to complain to the tahsildar.
- If a money decree is issued against a tenant during this process, it is treated as unpaid rent.
Practical examples
FAQ
1. How quickly must an officer be sent to divide crops under Section 77 of The Ajmer Tenancy and Land Records Act, 1950?
The tahsildar must send an officer within ten days of the fee being paid, according to Section 77 of The Ajmer Tenancy and Land Records Act, 1950.
2. Who pays for the weighing of crops during an official division under Section 77 of The Ajmer Tenancy and Land Records Act, 1950?
The costs are shared by the landlord and the tenant in proportion to their shares of the produce under Section 77 of The Ajmer Tenancy and Land Records Act, 1950.
3. How long do I have to complain about a crop division under Section 77 of The Ajmer Tenancy and Land Records Act, 1950?
You must complain in writing to the tahsildar within fifteen days of the division, as per Section 77 of The Ajmer Tenancy and Land Records Act, 1950.
4. What happens if an officer sees a landlord taking illegal extra fees during the division under Section 77 of The Ajmer Tenancy and Land Records Act, 1950?
The officer is strictly forbidden from allowing prohibited levies and must report that no such fees were charged in their final report under Section 77 of The Ajmer Tenancy and Land Records Act, 1950.
Test yourself
Q1.Under Section 77 of The Ajmer Tenancy and Land Records Act, 1950, how much time does a tahsildar have to depute an officer after the fee is paid?
Q2.If a tenant removes crops before the official arrives, how does Section 76 influence the outcome under Section 77 of The Ajmer Tenancy and Land Records Act, 1950?
Q3.Who assists the official in making the division under Section 77 of The Ajmer Tenancy and Land Records Act, 1950?
Q4.A money decree passed against a tenant under Section 77 of The Ajmer Tenancy and Land Records Act, 1950, is legally treated as:
Q5.According to Section 77 of The Ajmer Tenancy and Land Records Act, 1950, who bears the weighment charges for the division?