TELANGANA (TELANGANA AREA) TENANCY AND AGRICULTURAL LANDS ACT, 1950

Act No. 21 of 1950

10th June, 1950

Whereas it is expedient to amend the law regulating the relations of landholders and tenants of agricultural land and the alienation of such land; And whereas it is also expedient to enable landholders to prevent the excessive sub-division of agricultural holdings to empower Government to assume in certain circumstances the management of agricultural lands, to provide for the registration of Co-operative Farms and to make further provision for matters incidental to the aforesaid purposes: It is hereby enacted as follows:1 1. Published in the Gazette (Ext.) No. 54, dated 10th June, 1950.

Read full Act

S.1 Short title, extent and commencement

(1) This Act may be called the 1[the Telangana (Telangana Area) Tenancy and Agricultural Lands Act, 1950.]

(2) It extends to the whole of 2[the Telangana Area of the State of Telangana).

(3) It shall come into force at once.

1. Substituted for the original short title by T.L. Act IX of 1961.

2. The words "the Hyderabad Area of the State of Telangana" were Substituted for the words "the Hyderabad State" by theT.L.A.O. 1957 and the se words were substituted, for words "the Hyderabad Area of the State of Telangana" by T.L. Act IX of 1961.

S.2 Definitions

(1) In this Act, unless there is anything repugnant in the subject or context:

• (a) "Agriculture" with its grammatical variations and cognate expressions includes:
  • (i) horticulture.
  • (ii) the raising of crops, grass or garden produce.
  • (iii) 1[dairy farming].
  • (iv) poultry farming and stock breedings, 1[and]
  • (v) 1[grazing]:
  but does not include the cutting of wood only.
• (b) "Agriculturist" means a person who cultivates lands personally:
• (c) "Agricultural land" means land which is used or is capable of being used for agriculture 1[or reserved for growing forests] and includes:
  • (i) fallow land,
  • (ii) the sites of farm buildings appurtenant to agricultural land, and
  • (iii) the sites of dwelling houses occupied by agriculturists, agricultural labourers or artisans and land appurtenant to su
    

S.Chapter II FAMILY HOLDINGS

S.3 Specification of local areas

Government may by Notification in the 2[Official Gazette] specify and delimit areas each of which shall constitute a local area for the purposes of this Chapter.

2. Substituted for the word 'Jarida' by the APAO 1957.

S.4 Determination of Area of Family Holdings

1[Determination of Area of Family Holdings

(1) Subject to in accordance with the provisions of this section the Government shall determine in the manner prescribed for all or any class of land in any local area, the area of a family holding which a family of five persons including the agriculturist himself, cultivates personally according to local conditions and practices and with such assistance as is customary in agricultural operations and which area, will yield annually a produce the value of which after deducting fifty per cent, therefrom as cost of cultivation is Rs. 800 according to the price levels prevailing at the time of determination.

(2) The Government shall determine the extent of land which shall be regarded as a family holding for each class in each kind of soil in all the local areas which may be determined for 1[the area to which this Act extends] subject to the limits specified below, shall notify in the 2[Official G

S.5 Persons deemed to be tenants

A person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land is not cultivated personally by the landholder and if such person is not

• (a) a member of the landholder's family, or
• 1[(b) a servant on wages payable in cash or kind, but not in crop share or a hired labourer cultivating the land under the personal supervision of the landholder or any member of the landholder's family, or]
• (c) a mortgagee in possession;

Provided that if upon an application made by the landholder within one year from the commencement of this Act to the Tahsildar within whose jurisdiction the land is situate

• (a) the Tahsildar declares that such person is not a tenant and his decision is not reversed on appeal or revision, or
• (b) the Tahsildar refuses to make such declaration but his decision is reversed on appeal or revision.

such person, shall not be a tenant:

S.6 General prohibition of leases after three years from commencement of Act

After the expiry of three years from the commencement of this Act, no land shall, save as provided in Section 7, be leased for any period whatsoever and save as aforesaid, no tenancy shall be created in respect of any land.

S.7 Special cases in which leases are permitted

1[Special cases in which leases are permitted

(1) (a) Notwithstanding anything contained in Section 6, a landholder holding land the area of which is equal to or less than three times the area of the family holding for the local area concerned may lease the land held by him:

Provided that every such lease notwithstanding any agreement to the contrary shall be for a period of five years and at the end of the said period and thereafter at the end of each period of five years in succession, the tenancy shall, subject to the provisions of clauses (b) and (c) be deemed to be in force for a further period of five years on the same terms and conditions except to the extent that a modification therefor consistently with this Act is agreed to by both parties.

(b) The landholder may by giving the tenant at least one year's notice in writing before the end of each of the periods referred to in clause (a) terminate, subject to the provisions of Section 45, the t

S.8 Period of leases made within 3 years of commencement of Act

Every lease made within three years from the commencement of this Act shall be for a period of a ten years, and notwithstanding that it may be expressed to be a lease for a longer or a shorter period shall be deemed to be, and shall have effect as, a lease for ten years:

1[Provided that a landholder who is temporarily prevented by any sufficient cause from cultivating the land may, with the permission of the Collector, lease the land for such period less than 10 years as the Collector may fix].

1. Amended by Act XXIII of 1951, published in Gazette Ext. 32. dated 30-6-1951.

S.9 Copy of lease to be filed before a Tahsildar

1[Copy of lease to be filed before a Tahsildar

Every lease made under Section 7 or 8 shall be in writing and the landholder shall and the tenant may file a copy thereof in the office of the Tahsildar within thirty days of the date on which the lease is executed.]

1. Substituted by Hyd. Act III of 1954, published in Gazette Ext. 29, dated 4th February, 1954.

S.10 Summary ejectment of a person in possession of land under void lease

If in respect of any land a lease is made otherwise than in conformity with the provisions of Section 6 or Section 9, the Collector may summarily eject any person in possession of the land under such lease if, in his opinion it is necessary to do so to protect the interest of any tenant who previously held the land.

S.11 Maximum rent

(1) Notwithstanding any agreement or usage or any decree or order of the Court, or any law to the contrary, the maximum rent payable by a tenant for a lease in respect of the following classes of land shall be the multiples of the land revenue for the time being in force or if no land revenue is in force the land revenue which may be assessed thereon, as shown hereunder against them

Class of Land	Multiple of Land Revenue
(a) Dry land of Chalka Soil	4 times the land revenue.
(b) Dry land of Black Cotton Soil	5 times the land revenue.
(c) Baghat	5 times the land revenue.
(d) Wet land (i) Irrigated by wells	3 times the land revenue.
(d) Wet land (ii) Irrigated by other sources	4 times the land revenue.
(e) Classes of land which do not fall within the clauses (a), (b), (c) or (d)	Reaso

S.12 Rent

The rent payable by a tenant shall, subject to the provisions of Sections 11 and 13 be the rent agreed upon between such tenant and his landholder or in the absence of such agreement the rent payable according to the usage of the locality or if there is no such agreement or usage, or where there is dispute as regards the reasonableness of the rent payable according to such agreement or usage, the reasonable rent:

Provided that such reasonable rent shall not in any case exceed one-fourth in the case of irrigated land except land under wells and one-fifth in the case of all other classes of land of the value of the average annual produce of the land, excluding fodder, during the three years immediately preceding the year in which the dispute arises.

S.13 Liability to payment

(1) With effect from the date of the commencement of the Telangana (Telangana Area) Tenancy and Agricultural Lands (Amendment) Act, 1954, a tenant shall not be liable to pay the rent at any rate exceeding that specified in Section 11 subject to any application to the Tribunal as to the assessment of rent payable under Section 12.

(2) The rent due shall be payable by the tenant at the rate fixed in accordance with the provisions of Sections 11 and 12 and the tenant will have the option to pay the rent in cash so fixed or in equivalent produce grown on the land estimated according to the market value thereof.

S.14 Prohibition for receiving rent in terms of labour

(1) Any landholder receiving rent from any tenant in terms of service or labour shall within twelve months from the commencement of this Act apply to the Tahsildar in the prescribed form for commutation of such rent into a cash rent.

(2) On receipt of an application under sub-section (1), the Tahsildar shall, after holding an enquiry, by an order in writing commute such rent into a cash rent.

(3) Notwithstanding any agreement or usage, or any decree or order of a Court or any law to the contrary, no landholder shall recover or receive rent in terms of service or labour after a period of twelve months from the commencement of this Act.

S.15 Refund of rent recovered in contravention of the provisions of the Act and other penalties

If any landholder recovers rent from any tenant in contravention of the provisions of Sections 11, 12. 13 or 14, he shall forthwith refund to the tenant the excess amount recovered and shall be liable to pay such compensation to the tenant as may be determined by the Tahsildar in this behalf and shall also be liable to such penalty as may be prescribed.

S.16 Abolition of all cesses, etc

Notwithstanding any agreement, usage or law, it shall not by lawful for a landholder to levy any cess, rate, tax or service of any description or denomination whatsoever, from any tenant in respect of any land held by him as a tenant other than the rent lawfully due in respect of such land.

S.17 Enquiries as regards reasonable rent

(1) For the determination of the reasonable rent of any land the tenant or his landholder may apply in writing to the Tribunal in the prescribed form.

(2) On receipt of an application under sub-section (1) the Tribunal shall give notice to the landholder or to the tenant, as the case may be, and after holding an enquiry, shall determine the reasonable rent of the land.

(3) In determining the reasonable rent regard shall, subject to the provisions of Section 11, be had to the following factors:

• (a) the rental values of lands used for similar purposes in the locality;
• (b) the profits of agriculture of similar lands in the locality;
• (c) the prices of crops and commodities in the locality;
• (d) the improvements made in the land by the landholder or tenant;
• (e) the assessment payable in respect of the land; and
• (f) such other factors as may be prescribed.

(4) A tenant may at any time during the pendency

S.18 Suspensions or remissions of rent

(1) Notwithstanding anything contained in Section 73 of 1[theT.L. (Telangana Area) Land Revenue Act, 1317 F.] whenever for any cause the payment of the whole land revenue payable by a landholder in respect of any land is suspended or remitted, the landholder shall suspend or remit, as the case may be, the payment to him of the whole of the rent of such land by the tenant. If in the case of any land payment of the land revenue is partially suspended or remitted, the landholder shall suspend or remit a proportionate amount of the rent payable in respect of such land by the tenant.

(2) If no land revenue is payable in respect of any land and if for any cause, the payment of the whole or any part of the land revenue payable in respect of any other land in the neighbourhood of such land has been suspended or remitted, the Collector shall, subject to the general or special orders of Government, suspend or remit, as the case may be, the payment to the landholder of the w

S.19 Termination of tenancy

(1) Notwithstanding any agreement or usage or any decree or order of a Court of law, but subject to the provisions of sub-section (3) no tenancy of land shall be terminated before the expiration of the period for which the land is leased or deemed to be leased otherwise than

• 1[(a) by the tenant by surrender of his rights to the landholder atleast a month before the commencement of the year:

  Provided that such surrender is made by the tenant in writing and is admitted by him before and is made in good faith to the satisfaction of the Tahsildar; or

  Provided further that where the land is cultivated jointly by joint tenants or members of an undivided Hindu family, unless the surrender is made by all of them, it shall be ineffective in respect of such joint tenants as have not joined in the application for surrender, irrespective of the fact that the names of all the joint tenants are not mentioned in the certificate];

• (b) by
  

S.20 Bar to eviction from dwelling house

(1) If in any village, a tenant is in occupation of a dwelling house on a site belonging to his landholder, such tenant shall not be evicted from such dwelling house (with the materials and the site thereof and the land immediately appurtenant thereto and necessary for its enjoyment), unless

• (a) the landholder proves that the dwelling house was not built at the expense of such tenant or his predecessor-in-title, and
• (b) such tenant makes a default in the payment of the rent, if any which he has been paying for the use and occupation of such site.

(2) The provisions of sub-section (1) shall not apply to a dwelling house which is situate on any land used for the purposes of agriculture the tenancy of which has been terminated under sub-section (1) of Section 44.

S.21 Tenant to be given first option of purchasing site on which he has built dwelling house

(1) If the landholder of a site referred to in Sec. 20 intends to sell such site, such tenant at the expense of whom or whose predecessor-in-title, a dwelling house is built thereon, shall be given in the manner provided in sub-sec. (2) the first option of purchasing the site at a value determined by the Tribunal.

(2) The landholder intending to sell such site shall give notice in writing to the tenant requiring him to state within three months from date of service of such notice whether he is willing to purchase the site.

(3) If within the said period the tenant intimates in writing to the landholder that he is willing to purchase the site, the landholder shall make an application to the Tribunal for the determination of value of the site. On receipt of such application the Tribunal, after giving notice to the tenant and after holding enquiry, shall determine the value of the site, and shall by an order in writing, require the tenant to deposit the amount of value so

S.22 Dwelling houses of agricultural labourers and artisans

Government may, by Notification in the 1, 2[Official Gazette] direct that the provisions of Sections 20 and 21 shall in any area specified in the notification apply also in respect of houses and the sites thereof occupied by agricultural labourers or artisans.

1. Substituted for the word 'Jarida' by the APAI 1957.

2. Substituted for the original short title by T.L. Act IX of 1961.

S.23 Tenant's rights to trees planted by him

If a tenant has planted or plants any trees on any land leased to him he shall be entitled to the produce and wood of such trees during the continuance of his tenancy and shall on the termination of his tenancy be entitled to such compensation for such trees as may be determined by the Tahsildar:

Provided that a tenant shall not be entitled to compensation under this section if the tenancy is terminated by surrender on the part of the tenant:

Provided further that the landholder shall during the continuance of the tenancy be entitled to the rent of the land as if the trees had not been planted.

S.24 Rights to produce of naturally growing trees

(1) A tenant shall during the continuance of his tenancy be entitled two thirds of the total produce of trees naturally growing on the land, the landholder being entitled to one-third of the produce of such trees.

(2) If there is any dispute regarding the right to the procedure of such trees or the apportionment of such produce under sub-section the tenant or the landholder may apply in the prescribed form to the Tahsildar.

(3) On receipt of such application, the Tahsildar shall after holding an inquiry, pass such orders thereon as he deems fit.

S.25 Tenants responsible for maintenance of boundary marks

Notwithstanding anything contained in the 1[Telangana (Telangana Area) Land Revenue Act, 1317 F]. the responsibility for the maintenance and good repair of the boundary marks of lands held by a tenant and any charges reasonably incurred on account of service by revenue officers in case of alteration, removal or repair of such boundary marks shall be upon the tenant.

1. Substituted for the original short title by T.L. Act IX of 1961.

S.26 Repairs of protective bunds

(1) Notwithstanding any agreement, usage or custom to the contrary, if it appears to Government that the construction, maintenance or repair of any bunds protecting any land held by a tenant is neglected owing to a dispute between the landholder and the tenant or for any other reason, Government may by an order in writing direct that the construction, maintenance or repair shall be carried out by such persons as may be specified in the order and the costs thereof shall be recoverable from the person in actual possession of the land as arrears of land revenue.

(2) The person from whom the costs are recovered under sub-section (1) shall be entitled to recover the same or the appropriate part thereof from any person who under any agreement, usage or custom is wholly or partially liable to construct, maintain or repair the bunds.

(3) Notwithstanding anything contained in sub-section (1) it shall be lawful for the tenant of any land, the protective bunds of which are negle

S.26A Betterment contribution

1[If at any time on a land held by a tenant any amount is levied or imposed by the Government as betterment contribution under the provisions of the Hyderabad Irrigation (Betterment Contribution and Inclusion Fees) Act, 1952 2[the tenant and the landholder thereof shall be liable to pay such amount to the Government in such proportion as the Government may, by general or special order determine under that Act as though both were owners for the purpose thereof:

Provided that the general or special orders so made shall be laid before the Assembly].

1. Amended by Act III of 1954.

2. Amended by Act III of 1954, published in Gazette Ext. No. 29, dated 4th February, 1954.

S.27 Relief against termination of tenancy in certain cases

Where tenancy of any land held by a tenant is terminated on the ground that the tenant has done any act which is destructive or permanently injurious to the land, no proceeding for ejectment shall lie against such tenant unless and until the landholder has served on the tenant a notice in writing specifying the Act of destruction or injury complained of and the tenant has failed within a period of one year from the service of such notice to restore the land to the condition in which it was before such destruction or injury.

S.28 Relief against termination of tenancy for non-payment of rent

1[Relief against termination of tenancy for non-payment of rent

(1) Where a tenancy of any land held by a tenant is terminated for non-payment of rent and the landholder files any proceeding to eject the tenant, the Tahsildar shall call upon the tenant to tender to the landholder the rent in arrears together with the cost of proceeding within ninety days from the date of the order, and if the tenant complies with such order, the Tahsildar shall, in lieu of making an order of ejectment, pass an order directing that the tenancy has not been terminated, and thereupon the tenant shall hold the land as if the tenancy had not been terminated:

Provided that nothing in this section shall apply to any tenant whose tenancy is terminated for non-payment of rent if he has failed for any three years to pay rent within the period specified in sub-clause (i) of clause (a) of sub-section (2) of Section 19.

2[(2) The landholder may apply to the Tahsildar i

S.29 Receipts for rent

(1) In the absence of an express intimation in writing to the contrary by a tenant, every payment made by a tenant to his landholder shall be presumed to be a payment on account of the rent due by such tenant for the year in which the payment is made.

(2) Every landholder shall, immediately upon the receipt of any amount paid to him on account of rent of any land, furnish a written receipt for the same in such form and in such manner as may be prescribed.

S.30 Sub-division, subletting and assignment prohibited

(1) No sub-division or subletting of any land by a tenant and no assignment of any interest held by a tenant shall be valid.

(2) Notwithstanding anything contained in sub-section (1) it shall be lawful for a tenant to be a member of a Co-operative Farming Society, and as such member to sublet, assign, mortgage or create a charge on his interest in the land in favour of such society.

S.31 Bar to attachment or sale by process of Court

No interest of a tenant in any land held by him as a tenant shall be laible to be attached or sold in execution of a decree or order of a Civil Court.

S.32 Procedure of taking possession

(1) A tenant or an agricultural labourer or artisan entitled to possession of any land or dwelling house under any of the provisions of this Act may apply to the Tahsildar in writing in the prescribed form for such possession.

(2) No landholder shall obtain possession of any land or dwelling house held by a tenant except under an order of the Tahsildar, for which he shall apply in the prescribed form.

(3) On receipt of an application under sub-section (1) or sub-section (2) the Tahsildar shall, after holding an enquiry pass such order thereon as he deems fit.

(4) Any person taking possession of any land or dwelling house otherwise than in accordance with the provisions of sub-section (1) or sub-section (2), as the case may be, shall, without prejudice to his liability to the penalty provided in Section 96, be liable to forfeiture of the crops, if any, grown on the land to the payment of such costs as may be awarded by the Tahsildar or by the Collector on appeal

S.33 Act not to affect rights or privileges of tenant under any other law

Save as provided in sub-section (1) of Section 30, nothing contained in this Act shall be construed to limit or abridge the right or privileges of any tenant under any usage or law for the time being in force or arising out of any contract, grant, decree or order of a Court or otherwise howsoever.

S.34 Protected tenants

(1) A person shall, subject to the provisions of sub-sections (2) and (3), be deemed to be a protected tenant in respect of land if he

• (a) has held such land as a tenant continuously
  • (i) for a period of not less than six years, being a period wholly included in the Fasli years 1343 to 1352 (both years inclusive), or
  • (ii) for a period of not less than six years immediately preceding the 1st day of January, 1948, or
  • (iii) for a period of not less than six years commencing not earlier than the 1st day of the Fasli year 1353 (6th October, 1943), and completed before the commencement of this Act, and
• (b) has cultivated such land personally during such period:

1[Provided that where the landholder is a minor or is serving in the Naval, Military or Air Forces in India, the tenant shall not be deemed to be a protected tenant if before the expiration of one year from the date on which the minor

S.35 Decision on claims

(1) If any question arises whether any person, and if so what person, is deemed under Section 34 to be protected tenant in respect of any land, the landholder, or any person claiming to be so deemed, may within one year from the commencement of this Act, apply in the prescribed form to the Tahsildar for the decision of the question and the Tahsildar shall, after enquiring into the claim or claims in the manner prescribed declare what person is entitled to be deemed to be a protected tenant or, as the case may be, that no person is so entitled.

(2) A declaration by the Tahsildar that the person is deemed to be a protected tenant or, in the event of an appeal from the Tahsildar's decision such declaration by the Collector on first appeal or by the Board of Revenue on second appeal, shall be conclusive that such person is a protected tenant and his rights as such shall be recorded in the Record of Rights or, where there is no Record of Rights, in such village record as may be p

S.36 Recovery of possession by protected tenant

(1) A person deemed under Section 34 to be a protected tenant in respect of any land of which he is not in possession at the commencement of this Act shall, if he intimates to the landholder within six months of the said commencement that he is willing to hold the land on the terms and conditions on which he held it before he lost possession thereof, be entitled to recover possession thereof on the said terms and conditions from the 1st day of March, 1951.

(2) Sub-section (1) shall have effect notwithstanding that another person may be in possession of the land, whether under a lease which is not due to expiry until after the 1st day of March, 1951, or otherwise, and where such other person is so in possession, he shall be liable, on an application made to the Tahsildar in accordance with Section 32, to be evicted on the said date.

S.37 Persons not entitled under Section 34 deemed in certain circumstances to be protected tenants

(1) Every person who at the commencement of this Act holds as tenant any land in respect of which no person is deemed to be a protected tenant under Section 34, shall, on the expiration of one year from such commencement or, the final rejection of all claims by any other person to be deemed under Section 34 to be a protected tenant in respect of such land, whichever is later, be deemed to be a protected tenant in respect of such land unless the landholder has before such expiration or final rejection as aforesaid made an application in the prescribed form to the Tahsildar for a declaration that such person is not a protected tenant:

1[Provided that where the landholder is a minor or a person serving in the Naval, Military or Air Forces of India, he shall make the application for declaration before the expiry of one year from the date on which the minor attains majority, of the landholder ceases to serve in the Naval, Military or Air Forces of India:

Provide

S.37A Persons holding lands as tenants at the commencement of the Telangana (Telangana Area) Tenancy and Agricultural Lands (Amendment) Act, 1955 to be deemed to be protected tenants

1[Persons holding lands as tenants at the commencement of the Telangana (Telangana Area) Tenancy and Agricultural Lands (Amendment) Act, 1955 to be deemed to be protected tenants

(1) Notwithstanding anything contained in this Act, every person who at the commencement of theT.L. (T.A.) Tenancy and Agricultural Lands (Amendment) Act, 1955 holds as tenant any land in respect of which he is not deemed to be a protected tenant under this Act, shall be deemed to be a protected tenant if the total area of the land owned by the landholder including the land under the cultivation of his tenants is more than three times the area of a family holding for the local area concerned.

Provided that nothing in this section shall affect the rights of any other person who already holds a protected tenancy certificate in respect of such land or whose rights as protected tenant are under investigation before a competent authority, if such other person applies to the Tribunal for

S.38 Right of protected tenant to purchase land

1[Right of protected tenant to purchase land

(1) Notwithstanding anything to the contrary in any law, usage or contract, and subject to the provisions of sub-section (7), a protected tenant shall at any time after the commencement of the Telangana (Telangana Area) Tenancy and Agricultural Lands (Amendment) Act, 1954, be entitled to purchase the landholder's interest in the land held by the former as a protected tenant.

(2) A protected tenant who desires to exercise the right conferred by sub-section (1) shall make an offer to the landholder stating the price which he is prepared to pay for the land holder's interest in the land up to fifteen times for dry lands or eight times of wet lands irrigated by wells and six times of wet lands irrigated by other sources, of the rent payable by him, and where he is not entitled to purchase the whole of the land, the portion thereof which he is not entitled to purchase.]

(3) If the landholder refuses or fails to

S.38A Procedure when reasonable price is agreed to between the landholder and protected tenant

1[Procedure when reasonable price is agreed to between the landholder and protected tenant

If in respect of a land held by a protected tenant the land-holder consents to sell his interest in the land to the protected tenant and the reasonable price payable therefor by the protected tenant is agreed to between them, the provisions of sub-sec. (7) of Sec. 38 shall not apply to such sale, and either the landholder or the protected tenant or both jointly, may apply to the Tribunal and thereupon all the provisions of sub-secs. (5), (6) and (8) of that section shall apply mutatis mutandis to such application:

Provided that the reasonable price so agreed to by the parties themselves shall be deemed to be the reasonable price determined by the Tribunal for the purposes of the said sub-sections (5), (6) and (8):

Provided further that if the landholder does not sell the whole of the land held by him but retains some land with him, the extent of the land remain

S.38B Procedure when landholder agrees to relinquish his rights in favour of the protected tenant

If in respect of a land held by a protected tenant, the land-holder concerned intends to relinquish his interest in the land without receiving any consideration therefor, the provisions of sub-sec. (7) of Sec. 38 shall not apply to such a case and the landholder may apply to the Tribunal and thereupon the Tribunal shall issue to such protected tenant a certificate so far as may be as provided for in sub-sec. (6) of Section 38.

Provided that the right of the protected tenant and the grant of the certificate shall be limited to the extent of the three family holdings in the local area concerned including the land, if any, owned by the protected tenant and that any excess over such extent shall vest in the Government free of all right of the said protected tenant:

Provided further that if the landholder does not relinquish the whole of the land held by him but retains some land with him, the extent of the land remaining with him after the relinquishment, whether to culti

S.38C Minimum holding in case of sale

1[Minimum holding in case of sale

(1) If a landholder does not hold land in excess of three family holdings, he may within two years from the date of receipt of a notice in writing from the protected tenant to sell the land to him under sub-sec. (1) of Sec. 38, terminate the tenancy of the said protected tenant in the manner and subject to limits specified in Section 44 or sell the land to him.

(2) If after the termination of the tenancy, the landholder does not within one year from the date on which he resumed possession of the land, cultivate the land personally or having commenced such cultivation discontinues the same within ten years from the said date, the protected tenant shall be entitled to restoration of possession of the land and its purchase in accordance with the provisions of Sec. 38].

1. Inserted by Act III of 1954, published in Gazette Ext. No. 29, dated 4-2-1954.

S.38D Procedure when landholder intends to sell land to a protected tenant

1[Procedure when landholder intends to sell land to a protected tenant

(1) If the landholder at any time intends to sell the land held, by the protected tenant, he shall give a notice in writing of his intention to such protected tenant and offer to sell the land to him. In case the protected tenant intends to purchase the land he shall intimate in writing his readiness to do so within 2[six months], from the date of the receipt of such notice. If there is any dispute about the reasonable price payable by the protected tenant for the land, the provisions of sub-sections (3) to 1[(8)] of Section 38 shall apply mutatis mutandis].

2[(2)] If the protected tenant does not exercise the right of purchase in response to the notice given to him by the landholder under sub-section (1) such protected tenant shall forfeit his right of purchase of the same and the landholder shall be entitled to sell such land to any other person. On suc

S.38E Ownership of lands held by protected tenants to stand transferred to them from a notified date

1[Ownership of lands held by protected tenants to stand transferred to them from a notified date

(1) Notwithstanding anything in this Chapter or any law for the time being in force or any custom, usage, judgment, decree, contract or grant to the contrary, the Government may, by notification in the 2[Telangana Gazette], declare in respect of any area and from such date as may be specified therein, that ownership of all lands held by protected tenants which they are entitled to purchase from their landholders in such area under any provision of this Chapter shall, subject to the condition laid down in sub-section (7) of Section 38, stand transferred to and vest in the protected tenants holding them and from such date the protected tenants shall be deemed to be the full owners of such lands:

Provided that where in respect of any such land, any proceeding under Sec. 19 or Section 32 or Section 44 is pending on the date so notified, the transfer of ow

S.39 Right of protected tenants to exchange lands

(1) Notwithstanding anything contained in this Act or in any other law and notwithstanding any agreement or usage, all or any of the persons holding lands as protected tenants in the same village may agree and may make an application to the Tahsildar in the prescribed form for exchange of their tenancies in respect of the lands held by them as protected tenants.

(2) on receipt of the application, the Tahsildar after giving notice to the landholders concerned and after making an inquiry, may sanction the exchange on such terms and conditions as may be prescribed and may issue certificate in the prescribed form to the applicants.

(3) The certificates so issued shall be conclusive of the fact of such exchange against the landholders and all persons interested in the lands exchanged.

(4) Each of the protected tenants shall hold the land received by him as the result of such exchange on the same terms and conditions on which it was held by the original tenant immedi

S.40 Rights of protected tenant heritable

(1) All rights of a protected tenant shall be heritable.

(2) If a protected tenant dies, his heir or heirs shall be entitled to hold the tenancy on the same terms and conditions on which such protected tenant was holding the land at the time of his death 1[and such heirs may, notwithstanding anything contained in this Act, sub-divide inter se according to their shares the land comprised in the tenancy to which they have succeeded.]

(3) If a protected tenant dies without leaving any heirs, all his rights shall be extinguished.

Explanation: The following persons only shall be deemed to be the heirs of a protected tenant for the purposes of this section:

• (a) his legitimate lineal descendants by blood or adoption;
• (b) in the absence of any such descendants, his widow for so long as she does not remarry;

1[(4) The interest of a protected tenant in the land held by him as a protected tenant shall form sixty pe

S.41 Compensation for improvements made by protected tenant

(1) A protected tenant who has made an improvement on the land held by him shall, if his tenancy is terminated under the provisions of this Act, be entitled for such improvement to compensation the amount of which shall, on an application made by the tenant in the prescribed form, be determined by the Tribunal in accordance with the provisions of sub-section (2).

(2) The amount of compensation determined by the Tribunal shall be the value of the improvement at the time of the termination of the tenancy estimated with due regard to

• (a) the amount by which the value of the land is increased by the improvement.
• (b) the present condition of the improvement and the probable duration of its effect;
• (c) the labour and capital provided or spent by the tenant for the making of the improvement; and
• (d) any reduction or remission of rent or other advantage allowed to the tenant by the landholder in consideration of the improvement.

S.42 Protected tenant's right to erect farm house

A protected tenant shall be entitled to erect a farm house on the land held by him as a protected tenant.

S.43 Right of protected tenant to mortgage, or create charge on, his interest in land as security for loan

1[Right of protected tenant to mortgage, or create charge on, his interest in land as security for loan

Notwithstanding anything in any law for the time being in force, or any custom, decree or contract to the contrary, it shall be lawful for a protected tenant to mortgage, or create a charge on, his interest in the land in favour of the Government, a Co-operative Society, including a Land Mortgage Bank, or any other institution, in consideration of a loan advanced to him by the Government, Co-operative Society or Institution, as the case may be, under the relevant law relating to the grant of loans to agriculturists for the time being in force in the State; and without prejudice to any other remedy open to Government, Co-operative Society or institution, in the event of the protected tenant making a default in payment of such loan in accordance with the terms on which it was advanced, it shall be lawful for the Government. Co-operative Society or institution, as

S.44 Landholder's right to terminate protected tenancy

(1) Subject to the provisions of sub-section (8) a landholder who, on the date on which the Hyderabad Tenancy and Agricultural Lands (Amendment) Act, 1954 comes into force, is not already cultivating personally an area equal to three times the family holding for the local area concerned and who in good faith requires land leased out to a protected tenant for cultivating personally may, notwithstanding anything contained in Section 19 of the Act. terminate the tenancy and resume such land or portion of such land that would, together with the land which he is already cultivating personalty, either as owner or protected tenant, be equal to three times the family holding, by making an application in the manner prescribed to the Collector or any other officer whom the Government may from time to time authorise in this behalf:

1(Provided that after the commencement of the Hyderabad Tenancy and Agricultural Lands (Amendment) Act, 1955, no such landholder shall be entitle

S.45 Landholder to restore possession if he fails to cultivate within one year

(1) If upon the termination of a tenancy under Section 44 the landholder

• (a) does not within one year from the date on which he resumed possession of the land 2(cultivate the same personally], or
• (b) having commenced such 2[cultivation], discontinues the same within ten years of the said date, he shall forthwith restore possession of the land to the tenant whose tenancy was terminated by him unless he has obtained from the tenant his refusal in writing to accept the tenancy on the terms and conditions prevailing before the termination of the tenancy or has offered in writing to give possession of the land to the tenant on the said terms and conditions and the tenant has failed to accept the offer within three months of the receipt thereof:

1[Provided that such refusal by the protected tenant to accept the tenancy shall be recorded before and to the satisfaction of the Tahsildar.]

(2) After the tenant has re

S.46 Application for recovery of possession by tenant

If at any time the tenant makes an application to the Tahsildar and satisfies him that the landholder has failed to comply within a reasonable time with the provisions of Section 45, the protected tenant shall be entitled on a direction by the Tahsildar to obtain immediate possession of the land to such compensation as may be awarded by the Tahsildar for any loss caused to the tenant by his eviction and by the failure of the landholder to restore or give possession of the land to him as required by the said section.

S.47 [Omitted]

1[x x x]

1. Omitted by T.L. Act 12 of 1969.

S.48 [Omitted]

1[- - -]

1. Omitted by T.L. Act 12 of 1969.

S.48A Restriction on permanent alienation or transfer of land acquired by protected tenant

1[ 2[In the case of a permanent alienation or transfer by a protected tenant of any land in respect of which he has acquired] the right of ownership under Section 38 or Section 38-D or Section 38-E at the reasonable price determined by the Tribunal and more than eight years have not elapsed since the date of such acquisition, the Tahsildar may 3[ - - - - ] take over the land on payment to the protected tenant as compensation a sum equivalent to the reasonable price so determined.

Where any portion of the reasonable price still remains to be paid to the landholder whose interests were acquired by the protected tenant, such portion shall be paid to the landholder from the compensation payable under this section and the balance shall be paid to the protected tenant.

(2) The land so taken over shall vest in the Government free from all encumbrances and shall be under their management until it is disposed of in accordance with the rules mad

S.49 [Omitted]

1[- - - -]

1. Section 49 omitted by T.L. Act 12 of 1969.

S.50 [Omitted]

1[- - - -]

1. Sections 50 omitted by T.L. Act 12 of 1969.

S.50A Omitted

1[- - - -]

1. Sections 50-A omitted by T.L. Act 12 of 1969.

S.50B Validation of certain alienations and other transfers of agricultural lands

1[Validation of certain alienations and other transfers of agricultural lands

2[(1) Notwithstanding anything in this Chapter, where any alienation or other transfer of agricultural land took place

• (a) on or after the 10th June, 1950, but before the date of coming into force of the Telangana Ceiling on Agricultural Holdings Act, 1961 and where possession of such land was given to the alienee or transferee before such date of coming into force: and
• (b) on or after the coming into force of the Telangana Ceiling on Agricultural Holdings Act, 1961, but before the date of the commencement of the Telangana (Telangana Area) Tenancy and Agricultural Lands (Third Amendment) Act, 1969 and where possession of such land was given to the alienee of transferee before such commencement and such alienation or transfer is not inconsistent with the provisions of the Telangana Ceiling on Agricultural Holdings Act, 1961;

The alienee or tr

S.51 Power to assume management of land

1[(1) Notwithstanding any law for the time being in force or any usage or custom or the terms of any contract or grant, if it appears to Government that for any two consecutive years including any period before the commencement of this Act any land has remained uncultivated through default either of the landholder or of the tenant, or that cultivation of any land has seriously suffered for any other cause whatsoever, or that any land capable of being used, if reclaimed or otherwise improved howsoever, has not been so reclaimed or otherwise improved, and cultivated or that any land is remaining as a pasture land in excess of the ordinary grazing requirements of the cattle of the persons entitled to graze cattle thereon, the Government may after such enquiry as may be prescribed declare by notification in the 2[Official Gazette] that the management of such land shall be assumed, and such declaration shall be conclusive.]

(2) On the publication of a notifi

S.52 Consequences of assumption of management

During the period of management, that is to say, the period commencing with the publication of the notification under sub-section (1) of Section 51 and ending with the termination of management under Section 53, the following provisions shall have effect, namely:

• (a) 1[x x x x]
• (b) all legal proceedings pending and all processes, executions or attachments in force in respect of debts and liabilities enforceable against the land shall be suspended and no fresh proceedings, processes, executions or attachments shall be instituted, issued, enforced or executed in respect thereof;
• (c) the holder of the land shall be incompetent and the manager shall be competent
  • (i) to enter into any contract with respect to the land,
  • (ii) to mortgage, charge, lease or alienate the land or any part thereof,
  • (iii) to grant valid receipts for rents or profits accruing from the land;
• (d) all powers, which
  

S.53 Termination of management

(1) When in the opinion of Government it has become unnecessary to continue the management of the land, Government shall by notification in the 1[Official Gazette] terminate the management thereof.

(2) On the termination of management, the land (together with any balance of monies creditable to the landholder) shall be delivered to the landholder from whom the management was assumed or, if he is dead, to the person appearing to Government to be entitled to the land.

(3) All acts done by the manager during the period of management shall be binding on the landholder or other person to whom the land is delivered under sub-section (2).

(4) The period during which the institution of any proceedings has been prohibited by clause (b) of Section 52 shall be excluded from the computation of the period of limitation for the institution of that proceeding.

1. Substituted for the word "Jarida" by theT.L.A.O.

S.53A Census of land holdings and details of cultivation

1[Census of land holdings and details of cultivation

(1) For the purposes of this Act generally and in particular for the administration of this Chapter, the Government may take a census of land holdings and details of cultivation in the prescribed manner.

(2) Any person who has any interest in agricultural lands, either as a landholder, mortgagee or tenant or otherwise, shall furnish fully and correctly any information that may be required of him for the purpose of the said census.

1. Inserted by Act III of 1954, published in Gazette Ext. No. 29, dated 4-2-1954.

S.53B Prescription of standards of cultivation and management

(1) With a view to bring the agricultural economy to a higher level of efficiency, the Government may, by rules, regulate standards of efficient cultivation and management.

(2) Such rules may provide for the issue of directions as regards the methods of agriculture to be adopted, the use of improved seeds, sale of surplus foodgrains, and for ensuring proper wages and terms of employment of agricultural workers, maintenance of regular and accurate accounts in respect of cultivation, and such other directions as may be necessary of desirable for the efficient utilisation of lands.

(3) Such rules shall apply to agriculturists who cultivate personally land equal to three times the family holding or more.

(4) The Government may lower the extent of the holding to which such rules shall apply.

S.53C Further power to assume for public purpose management of land not efficiently cultivated and managed

(1) Notwithstanding any law for the time being in force or any usage or custom or the terms of any contract or grant to the contrary, the Government or any officer or authority authorised by the Government may, for a public purpose, from such date as may be notified in the 1[Official Gazette] and subject to the provisions of sub-section (7) as to the payment of compensation, assume the management of so much of the land held by a landholder and not in the occupation of tenants, as is in excess of four and a half times the family holding for the local area concerned unless in the opinion of the Government or such officer or authority, it is so efficiently cultivated and managed according to the standards prescribed under Section 53-B that a break-up will lead to a fall in production.

Explanation I: For the purposes of this