Section 79 of The Ajmer Tenancy and Land Records Act, 1950
- (1)On receipt of an application under section 78, and on payment of the prescribed fee, the tahsildar shall, within ten days of such payment, issue a written notice to the landholder and the tenant to attend on such date and at such time and place as may be specified in the notice, and shall depute an officer by whom the kuta shall be made.
- (2)On the day, and at the time and place, so fixed, such officer shall attend and call upon each party to appoint a resident of the neighbourhood as an assessor to assist him.
- (3)If any party fails to attend, or refuses to appoint an assessor, sum officer shall appoint an assessor on his behalf and shall, with the assistance of the assessors so appointed, make the kuta and deliver an award in the prescribed form and submit the same with a report of the proceedings to the tahsildar.
- (4)The tahsildar shall issue notice to the parties to file objections, if any, to the award within fifteen days of the date of service of such notice and shall, after hearing such objections and making such inquiry, as he considers necessary, accept or modify such award and submit the record of the case for confirmation of the order passed by him to the sub-divisional officer.
- (5)The sub-divisional officer may, after further inquiry, if necessary, confirm or modify the award.
- (6)After the award has become final, the tahsildar shall assess the money value of the rent payable to the landholder and pass a decree for arrears of rent against the tenant.
Summary
- The tahsildar must issue a notice within ten days of the application fee being paid.
- An officer is sent to the field, and both the landlord and tenant must appoint local residents as helpers, called assessors.
- If a party fails to attend or refuses to choose a helper, the officer will choose one for them.
- The officer delivers a formal award, and parties have fifteen days to file any objections with the tahsildar.
- The tahsildar can accept or change the award and then must send the record to the sub-divisional officer for final approval.
- Once the award is final, the tahsildar calculates the money owed and issues a legal order for the rent.
Practical examples
FAQ
1. How long do I have to object to a crop estimate under Section 79 of the Ajmer Tenancy and Land Records Act, 1950?
Under Section 79 of the Ajmer Tenancy and Land Records Act, 1950, you must file any objections within fifteen days of being served with the notice of the award.
2. Who serves as an assessor during a kuta under Section 79 of the Ajmer Tenancy and Land Records Act, 1950?
Under Section 79 of the Ajmer Tenancy and Land Records Act, 1950, each party is asked to appoint a resident of the neighborhood to act as an assessor and assist the officer.
3. Does the tahsildar have the final say on the crop award under Section 79 of the Ajmer Tenancy and Land Records Act, 1950?
No, under Section 79 of the Ajmer Tenancy and Land Records Act, 1950, the tahsildar must submit the record to the sub-divisional officer, who has the power to confirm or modify the award.
4. What happens if a party refuses to appoint an assessor under Section 79 of the Ajmer Tenancy and Land Records Act, 1950?
If a party refuses or fails to attend, the officer in charge will appoint an assessor on their behalf under Section 79 of the Ajmer Tenancy and Land Records Act, 1950.
Test yourself
Q1.Under Section 79 of the Ajmer Tenancy and Land Records Act, 1950, how soon must the tahsildar issue a notice after the fee is paid?
Q2.Who is responsible for confirming or modifying the award under Section 79 of the Ajmer Tenancy and Land Records Act, 1950?
Q3.If an application for kuta is made under Section 78, which section of the Ajmer Tenancy and Land Records Act, 1950, describes the role of assessors?
Q4.What is the final legal outcome of the process described in Section 79 of the Ajmer Tenancy and Land Records Act, 1950?