Andhra Pradesh (AA) Tenancy Act 1956

STATEMENT OF OBJECTS AND REASONS1. In July, 1956, the Andhra Cultivating Tenants Protection Ordinance, 1956 was promulgated with a view to protecting the tenants who were then in possession from unjust eviction. The Ordinance will cease to operate at the expiration of six weeks from the commencement of the present session of the Legislative Assembly. The Government have therefore decided to undertake legislation for replacing the Ordinance by an Act of the Legislature providing for more permanent measures of tenancy reform. 2. The Bill provides for the regulation of the rent payable by the tenant to the landlord, the prescription of a minimum period for agricultural leases and other incidental matters. 3. Following the recommendations of the Land Reforms Committee, maximum rates of rent ranging from 28-1/3 percent to 50 percent of the gross produce have been specified for different classes of land and different crops. While the tenant will bear all the cultivation expenses, the landlor

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S.1 Short title, extent and commencement

(1) This Act may be called the Andhra Pradesh (Andhra Area) Tenancy Act, 1956.

(2) It extends to the whole of the Andhra Area of the State of Andhra Pradesh.

(3) It shall come into force at once.

S.2 Definitions

In this Act, unless the context otherwise requires:-

(a) "agricultural year" means the year commencing on the 1st day of June or such other date as may be notified by the Government in the Andhra Pradesh Gazette in respect of any locality having regard to the usage or custom of the locality in respect of the commencement of agricultural operations therein.

(b) (Omitted)

(c) "cultivating tenant" means a person who cultivates by his own labour or by that of any other member of his family or by hired labour under his supervision and control, any land belonging to another under a tenancy agreement, express or implied, but does not include a mere intermediary;

(d) "Government" means the State Government;

(e) "holding" means a parcel of land held by a cultivating tenant;

(f) "landlord" means the owner of a holding or par

S.3 Maximum rent payable by cultivating tenants

(1) The maximum rates of rent payable by a cultivating tenant to a landlord, expressed in terms of proportion of gross produce, shall be--

(i) in the case of every crop grown on any irrigable land, other than the land irrigated by bailing of water-30 per cent of the gross produce.

(ii) in the case of every crop grown on and other land including unirrigable land-25 per cent of the gross produce.

Explanation:- The rates mentioned above shall apply to all crops grown on the land, but the cultivating tenant shall be entitled to take the straw in its entirety.

(2) The Cultivating tenant shall bear all the cultivation expenses inclusive of the cost of seed, plouging, manuring, harvesting and thrashing and the landlord shall be liable to pay all dues payable to the Government and local authorities, in respect of the land including the water-rate, if a

S.4 Agreement regarding form of tenancy etc

Every landlord and his cultivating tenant shall come to an agreement in regard to the form of tenancy, and in particular as to whether the rent shall be paid in the form of a share in the produce or in the form of a fixed rent in kind, or in the form of a fixed rent in cash such agreement shall not be liable to be altered except by mutual agreement of the parties.

S.5 Agreement as to rent

The cultivating tenant and the landlord may agree among themselves in regard to the quantum of rent payable for a holding subject to the maximum rent specified in Section 3. The rent so agreed (hereinafter referred to as "agreed rent"), whether it is in pursuance of an agreement made between the parties, before or after the commencement of this Act, shall, subject to the provisions of Section 6 be the rent payable for the holding.

S.6 Determination of fair rent

(1) Notwithstanding any agreement between the landlord and the cultivating tenant for the payment of an agreed rent, either party may, at any time, apply to the Special Officer for the fixation of fair rent for the holding:

Provided that where any order determining the fair rent has been made after the commencement of the Andhra Pradesh (Andhra Area) Tenancy (Amendment) Act, 1974, in respect of any holding, no application shall be made for the determination of fair rent for that holding while such order is in force.

(2) On receipt of such application, the Special Officer shall, after making an inquiry in the manner prescribed, determine the fair rent, having regard to the following factors, namely--

(a) the rental values of the lands used for similar purposes in the locality;

(b) the profits of agriculture on similar lands in the locality;

S.7 Deposit of rent during pendency of proceeding for the fixation of fair rent

During the pendency of proceedings before the Special Officer for the determination of fair rent, the tenant shall deposit, and continue to deposit, the agreed rent on the due date, as if no application has been made for the determination of fair rent. After the fair rent is determined by the Special Officer, the amount due to the landlord shall be paid to him, and the balance if any, refunded to the cultivating tenant. If the fair rent determined exceeds the rent deposited, the cultivating tenant shall be required to deposit the balance within a period of fifteen days from the date of receipt of such requisition.

S.8 Remission of rent

Where there has been a total or partial failure of crops in any year due to widespread calamities such as cyclone, draught or flood, the cultivating tenant may make an application to the Special Officer, for the remission of rent due by him and the Special Officer, shall, after making an inquiry, in the manner prescribed, order such remission of rent as he may consider just in the circumstances of the case. Every such application shall be made atleast fifteen days before the crop is cut and removed, and a copy of such application shall also be served on the landlord by the cultivating tenant.

Explanation:-

Any neglect or failure on the part of the cultivating tenant to raise any crop, shall not disentitle the landlord to the collection of the rent due.

S.9 Interest on arrears of rent

Arrears of rent shall bear interest at the rate of 5 1/2 per cent or at such other rate as may be fixed by the Government, from time to time, under Sec.13 of the Andhra pradesh (Andhra Area) Agriculturists Relief Act, 1938.

S.10 Rights of cultivating tenants

(1) Every lease subsisting at the commencement of the Andhra Pradesh (Andhra Area) Tenancy (Amendment) Act, 1974, shall be deemed to be in perpetuity.

(2) Every lease entered into between a landlord and his cultivating tenant on or after the commencement of the Andhra Pradesh (Andhra Area) Tenancy (Amendment) Act, 1974, shall be for a minimum period of six years. Every such lease shall be in writing and shall specify the holding, its extent and the rent payable therefor with such other particulars as may be prescribed. The stamp and registration charges for every such lease shall be borne by landlord and the cultivating tenant in equal shares.

(3) On the expiration of the period of lease referred to in sub_ section (2) every such lease shall be renewable successively for a further minimum period of six years at a time. Every such renewal shall be governed by the same terms and conditions as under the original

S.11 Change in the ownership of the land

In the event of a change in the ownership of any land the cultivating tenant shall be entitled to continue the tenancy on the same terms and conditions as before:

Provided that in the case of a land held by cultivating tenant under a Receiver appointed by a Court, the tenancy shall terminate on the expiry of the agricultural year in which the land ceases to be under the management of such receiver.

S.12 Resumption of possession of land leased by landlord for his personal cultivation

(1) Notwithstanding anything in Section 10 a landlord who in good faith requires for his personal cultivation any land leased by him to a cultivating tenant shall be entitled to resume possession of the land, so however, that the total extent of the land, held by the landlord under his personal cultivation after such resumption does not exceed two thirds of the ceiling area as defined in Clause (c) of Section 3 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Act 1 of 1973):

Provided that such right of resumption shall be limited to an extent which shall, after such resumption leave, with the cultivating tenant all area which is not less than one-half of the land held by him under lease prior to such resumption.

Explanation :- In determining the total extent of land held by a land-lord under his personal cultivation, any transfer of land under his personal cultiva

S.13 Termination of tenancy

Notwithstanding anything contained in Sections 10, 11 and 12, no landlord shall be entitled to terminate the tenancy and evict his cultivating tenant except by an application made in that behalf to the Special Officer and unless such cultivating tenant--

(a) has failed to pay the rent due by him within a period of one month from the date stipulated in the lease deed, or in the absence of such stipulation, within a period of one month from the date on which the rent is due according to the usage of the locality; and in case the rent is payable in the form of a share in the produce, has failed to deliver the produce at the time of harvest; or

(b) has done any act or has been guilty of any neglect, which is destructive of, or permanently injurious to the land; or

(d) has violated any of the conditions of the tenancy regarding the uses

S.14 Surrender of holding by cultivating tenant

(1) A cultivating tenant may terminate his tenancy and surrender his holding at the end of any agricultural year after giving to the landlord and the Special Officer at least three months' notice expiring with the end of such agricultural year; and the surrender of such holding shall take effect only after it is accepted by the Special Officer on being satisfied, after making such inquiry as he thinks fit, that such surrender is voluntary and genuine:

Provided that where any holding is cultivated jointly by joint tenants or members or a Hindu undivided family, unless the surrender is made by all of them, it shall be ineffective in respect of such joint tenants or members as have not joined in the notice for surrender.

(2) No tenant shall surrender a part of his holding only.

S.15 Cultivating tenants, right to first purchase the land leased to him

(1) Any landlord intending to sell the land leased to a cultivating tenant shall first give notice to such cultivating tenant, of his intention to sell such land, and requiring him to exercise his option to purchase the land. The particulars to be specified in the notice and the time within which the option shall be exercised by cultivating tenant shall be such as may be prescribed.

(2) If the cultivating tenant exercises his option to purchase the land there is an agreement between the landlord and his cultivating tenant in regard to the price payable, the landlord shall sell the land to such cultivating tenant in accordance with such agreement.

(3) Where the cultivating tenant exercises his option to purchase the land; but there is no agreement in regard to the price payable, the landlord or the cultivating tenant may apply to the Special Officer for the determination of reasonable price of such land; and th

S.16 Adjudication of disputes and appeal

(1) Any dispute arising under this Act, between a landlord and a cultivating tenant in relation to a matter not otherwise decided by the Special Officer under the provisions of this Act, shall, on application by the landlord or the cultivating tenant, as the case may be, be decided by the Special Officer after making an enquiry in the manner prescribed;

* [x x x x]

(2) Against any order passed by the Special Officer under this Act an appeal shall lie to the District Judge having jurisdiction, within thirty days of the passing of the order; and the decision of the District Judge on such appeal shall be final.

S.17 Act to over-ride contracts and other laws

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any pre-existing law, custom, usage, agreement or decree or order of a Court.

S.18 Savings

(1) Nothing contained in this Act shall apply

(a) to lands in which plantation crops are raised;

(b) to orchards, where the tenancy is for the enjoyment only of the usufruct of the trees;

(d) to lands leased for grazing purposes.

(e) to lands held by any Corporation established by or under a Central or Provincial or State Act, or any Government Company as defined in Section 617 of the Companies Act, 1956 or any Port Trust.

* [(f) to any agricultural land belonging to or given or endowed for the purpose of any charitable or Hindu religious institutions or endowments as defined by the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act.]

* [x x x x].

S.19 Power to make rules

(1) The Government may, by notification in the Andhra Pradesh Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for--

(a) the procedure to be followed in making inquiries and hearing appeals under this Act;

(b) the manner of service of any notice issued under this Act;

(3) All rules made under this section shall, as soon as may be, after they are made, be placed on the table of the Legislative Assembly and shall be subject to such modifications, whether by way of repeal or amendment, as the Legislative Assembly may make within fourteen days thereafter during the session in which they are so laid.

S.20 Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act the Government may make such orders; not inconsistent with the said provisions, as may appear to them to be necessary or expedient for the purpose of removing the difficulty.

S.21 Repeal and savings

The Andhra Cultivating Tenants Protection Ordinance, 1956 (Andhra Ordinance 1 of 1956) is hereby repealed:

Provided that such repeal shall not affect the previous operation of the said Ordinance, and subject thereto, anything done or any action taken in the exercise of any power conferred by or under the Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by under this Act, as if this Act were in force on the day on which such thing was done or action was taken.