LexThe Telangana Tenancy and Agricultural Lands Act, 1950.
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Open in Lexace · Ask the AI about this actTHE TELANGANA TENANCY AND AGRICULTURAL LANDS
ACT, 1950.
(ACT NO. XXI OF 1950.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I.
Preliminary
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II.
Family Holdings
3. Specification of local areas.
4. Determination of area of Family Holdings.
CHAPTER III.
Tenants.
General Provisions
5. Persons deemed to be tenants.
6. General prohibition of leases after three years from
commencement of Act.
7. Special cases in which leases are permitted.
8. Period of leases made within 3 years of
commencement of Act.
9. Copy of lease to be filed before a Tahsildar.
10. Summary ejectment of a person in possession of
land under void lease.
11. Maximum rent.
12. Rent.
2 [Act No. XXI of 1950]
13. Liability to payment.
14. Prohibition for receiving rent in terms of labour.
15. Refund of rent recovered in contravention of the
provisions of the Act and other penalties.
16. Abolition of all cesses etc.
17. Enquiries as regards reasonable rent.
18. Suspensions or remissions of rent.
19. Termination of tenancy.
20. Bar to eviction from dwelling house.
21. Tenant to be given first option of purchasing site on
which he has built a dwelling house.
22. Dwelling houses of agricultural labourers and
artisans.
23. Tenant’s rights to trees planted by him.
24. Rights to produce of naturally growing trees.
25. Tenants responsible for maintenance of boundary
marks.
26. Repairs of protective bunds.
26-A. Betterment contribution.
27. Relief against termination of tenancy in certain
cases.
28. Relief against termination of tenancy for non
payment or rent.
29. Receipts for rent.
30. Sub-division, subletting and assignment prohibited.
31. Bar to attachment or sale by process of court.
32. Procedure of taking possession.
[Act No. XXI of 1950] 3
33. Act not to affect rights or privileges of tenant under
any other law.
CHAPTER IV.
Protected Tenants.
34. Protected tenants.
35. Decision on claims.
36. Recovery of possession by protected tenant.
37. Persons not entitled under section 34 deemed in
certain circumstances to be protected tenants.
37-A. Persons holding lands as tenants at the
commencement of the Hyderabad Tenancy and
Agricultural Lands (Amendment) Act, 1955 to be
deemed to be protected tenants.
38. Right of protected tenant to purchase land.
38-A. Procedure when reasonable price is agreed to
between the landholder and protected tenant.
38-B. Procedure when landholder agrees to relinquish his
rights in favour of the protected tenant.
38-C. Minimum holding in case of sale.
38-D. Procedure when landholder intends to sell land to a
protected tenant.
38-E. Ownership of lands held by protected tenants to
stand transferred to them from a notified date.
39. Right of protected tenants to exchange lands.
40. Rights of protected tenant heritable.
41. Compensation for improvements made by
protected tenant.
42. Protected tenant’s right to erect farm house.
4 [Act No. XXI of 1950]
43. Right of protected tenant to mortgage, or create
charge on, his interest in land as security for loan.
44. Land holder’s right to terminate protected tenancy.
45. Land holder to restore possession if he fails to
cultivate within one year.
46. Application for recovery of possession by tenant.
CHAPTER V.
Restrictions on Transfers of Agricultural Land.
47. Omitted.
48. Omitted.
48-A. Restriction on permanent alienation or transfer of
land acquired by protected tenant.
49. Omitted.
50. Omitted.
50-A. Omitted.
50-B. Validation of certain alienations and other transfers
of agricultural lands.
CHAPTER VI.
Management or Acquisition of Uncultivated,
Improperly Cultivated or Surplus Lands.
51. Power to assume management of land.
52. Consequences of assumption of management.
53. Termination of management.
53-A. Census of land holdings and details of cultivation.
53-B. Prescription of standards of cultivation and
management.
[Act No. XXI of 1950] 5
53-C. Further power to assume for public purpose
management of land not efficiently cultivated and
managed.
53-D. Appointment of Village Panchayat or Co-operative
Farming Society as Managers.
53-E. Order of preference in leasing out the surplus
lands.
53-F. Right of lessee to purchase lands.
53-G. Power to acquire lands.
CHAPTER VII.
54 to 65-A. Omitted.
CHAPTER VIII.
Co-operative Farms.
66. Formation of a Co-operative Farm.
67. Application for Registration.
68. Registration of a Co-operative Farm.
69. Land held by a member to be transferred to the
Farm.
70. Formation of a Co-operative Farm of holdings
below the family holding.
71. Disposal of objections.
72. Service of order under section 71.
73. Registration of the Co-operative Farm of holdings
below the family holding.
74. Lands in the holdings below the family holding to
be transferred to the farm.
75. Acquisition of lands of a land holder not joining the
Farm.
76. Consequences of registration.
6 [Act No. XXI of 1950]
77. Bye-laws of the Farm.
78. Amendment of the bye-laws by the Registrar.
79. Land contributed to the Farm to continue to vest in
the landholder thereof.
80. Rights, privileges, obligations and liabilities of
members.
81. Contribution by a member.
82. Liability of the Farm to land revenue and other
dues.
83. Admission of new members.
84. Heirs entitled to become members of the Farm.
85. Loan to a Co-operative Farm.
86. Concessions and facilities for the Co-operative
Farm.
CHAPTER IX.
Constitution of Tribunal; Procedure and Powers of
Authorities; Appeals etc.
87. Constitution of Tribunals.
87-A. Constitution of Land Commission and their
functions.
88. Additional functions of Tahsildar, Tribunal and
Collector and vesting of powers in a Village
Panchayat or a Co-operative Farming Society.
89. Procedure and powers at inquiries.
90. Appeals and revisions.
90-A. Transfer of appeal or proceeding.
91. Revisions.
92. Powers exercisable on appeal or revision.
[Act No. XXI of 1950] 7
93. Limitations.
94. Execution of orders.
95. Court fees.
CHAPTER X.
Offences and Penalties.
96. Offences and penalties.
96-A. General provision as to penalties.
CHAPTER XI
Miscellaneous.
97. Rules.
98. Summary eviction.
99. Bar of Jurisdiction.
100. Control.
100-A. Delegation of powers to the Board of Revenue.
101. Indemnity.
102. Act not to apply to certain lands and areas.
103. Repeal and savings.
104. Act to prevail over other enactments.
THE TELANGANA TENANCY AND AGRICULTURAL LANDS
ACT, 1950.1
ACT No. XXI OF 1950.
CHAPTER I.
Preliminary.
1. (1) This Act may be called 2[the Telangana Tenancy
and Agricultural Lands Act, 1950].
(2) It extends to the whole of the State of 2[Telangana].
(3) It shall come into force at once.
2. (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) dairy farming 3[*],
(iv) poultry farming and stock breedings, 3[and]
1. The Andhra Pradesh (Telangana Area) Tenancy and Agricultural
Lands Act, 1950 in force in the combined State, as on 02.06.2014, has
been adapted to the State of Telangana, under section 101 of the
Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide.
the Telangana Adaptation of Laws (No.2) Order, 2016, issued in
G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
3. Amended by Act No.III of 1954.
Short title, extent
and
commencement.
Definitions.
2 [Act No.XXI of 1950]
(v) 4[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 4[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 such dwelling houses;
4[(cc) ―Basic Holding ‖ means a holding , the area of
which is equal to one -third of the area of the family holding
determined under section 4 for the local area concerned];
5[XXX]
4[(dd) ―Co-operative Society ‖ means a society
registered under the provisions of 6[the Andhra Pradesh
(Telangana Area) Co -operative Societies Act, 1952], or a
society deemed to have been registered under the said
Act];
4. Amended by Act No.III of 1954.
5. Clause (d) omitted by Act No.XL of 1956.
6. Repealed by Act No.7 of 1964.
Act XVI of 1952.
[Act No.XXI of 1950] 3
(e) ―Co-operative Farming Society ‖ means a Society
registered as such under 7[the Andhra Pradesh (Telangana
Area) Co-operative Societies Act, 1952];
(f) ―To cultivate ‖ means to carry on any agricultural
operation;
(g) ―To cultivate personally ‖ means to cultivate on
one‘s own account,-
(i) by one‘s own labour, or
(ii) by the labour of any member of one‘s family, or
8[(iii) by servants on wages payable in cash or kind,
but not in crop share or by hired labour under one ‘s
personal supervision, or the personal supervision of any
member of one‘s family];
Explanation.- In the case of an undivided Hindu Family,
land shall be deemed to be cultivated personally, if it is
cultivated by any member of such family;
8[(h) ―Family Holding ‖ means a holding , the area of
which is equal to the area determined for any class of land
under section 4 as the area of a family holding for the class
of land of which the holding consists in the local area in
which it is situate;]
9[XXX]
(i) ―Improvement‖ means with reference to any land,
any work which adds to the value of the land and which is
7. Repealed by Act No.7 of 1964.
8. Amended by Act No.III of 1954.
9. Clause (hh) omitted by Act No.XL of 1956.
4 [Act No.XXI of 1950]
suitable thereto as also consistent with the purpose for
which it is held; and includes,-
(i) the construction of tanks, wells, water channels,
embankments and other wor ks for storage, supply or
distribution of water for agricultural purposes;
(ii) the construction of works for the drainage of
land or for the protection of land from floods or from erosion
or other damage from water;
(iii) the reclaiming, clearing, enclosing, levelling or
terracing of land;
(iv) the erection of buildings on the land required for
the convenient or profitable use of such land for agricultural
purposes; and
(v) the renewal or reconstruction of any of the
foregoing works and such alterations therein or additions
thereto as are not of the nature of ordinary repairs;
but does not include such clearances, embankments,
levelling enclosures, temporary wells, water channals and
other works as are commonly made by tenants in the
ordinary course of agriculture;
(j) ―Land‖ means agricultural land whether alienated
or unalienated; and includes land used for purposes
subservient to agriculture and all benefits arising out of such
land and things thereon attached to the earth, or
permanently fastened to anything attached to the earth;
(k) ―Land Revenue Act‖ means 10[the Telangana Land
Revenue Act, 1317 F.];
10. Adapted in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
[Act No.XXI of 1950] 5
(l) ―Lease‖ includes the counterpart of a lease and a
sub-lease;
(m) ―Local area‖ means an area specified as such in
a notification issued under section 3;
(n) ―Person‖ includes an undivided Hindu Family;
11[(o) ―permanent alienation ‖ includes any sale,
exchange or gift and any transfer of a right of occupancy or
of the patta of a holding but does not include any
disposition by will];
(p) ―prescribed‖ means prescribed by rules made
under this Act;
12[(q) omitted];
13[(r) ―Protected tenant ‖ means a person who is
deemed to be a protected t enant under the provisions of
this Act];
(s) ―Reasonable rent ‖ means the rent determined
under section 17;
(t) ―Rent‖ means any consideration, in money or kind
or both, paid or payable by a tenant on account of the use
or occupation of the land held by him but does not include
the rendering of any personal service or labour;
(u) ―Tenancy‖ means the relationship of land holder
and tenant;
11. Amended by Act No.XXIII of 1951.
12. Clause (q) omitted by Act No.III of 1954.
13. Clause (r) substituted by Act No.15 of 1971.
6 [Act No.XXI of 1950]
(v) ―Tenant‖ means an asami shikmi who holds land
on lease and includes a person who is deemed to be a
tenant under the provisions of this Act;
(w) ―Tribunal‖ means,-
(i) the Agricultural Lands Tribunal constituted under
sub-section (1) of section 87 for the area concerned;
(ii) where no such Tribunal has been constituted,
the Deputy Collector or other officer authorised under sub -
section (4) of the said section;
14[(x) ―Village Panchayat ‖ means a panchayat
constituted under 15[the Andhra Pradesh (Telangana Area)
Gram Panchayats Act, 1956.]
(y) ―Year‖ means any year ending on the 30th day of
June or on such other date as Government may, by
notification in the 16[Official Gazette] appoint for any area;
(z) Words and expressions used in this Act but not
defined therein shall have the meaning assigned to them in
17[the Telangana Land Revenue Act, 1317 F.]
(2) In any provision of this Act which is expressed by
whatever form of words to have effect notwithstanding
anything contained in any other law, the reference to any
other law shall be read as including only laws with respect
to matters enumerated in List II in the Seventh Schedule to
the Constitution of India.
14. Substituted by Act No.III of 1954.
15. See now the Telangana Panchayat Raj Act, 2018 (Act 5 of 2018).
16. Substituted for the word ―Jarida‖ by the A.P Adaptation of Laws
Order (A.P.A.O.), 1957.
17. Adapted in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Act XVII of 1956.
Act XVI of 1317F.
[Act No.XXI of 1950] 7
CHAPTER II.
18[Family Holdings].
3. Government may by Notification in the 19[Official
Gazette] specify and delimit areas each of which shall
constitute a local area for the purposes of this Chapter.
18[4. (1) Subject to and 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 a reas which may be
determined for 20[the area to which this Act extends] subject
to the limits specified below, shall notify in the 19[Official
Gazette] the ‗local areas‘ and the extents so determined not
later than six months from the date on which the Hyde rabad
Tenancy and Agricultural Lands (Amendment) Act, 1954,
comes into force and shall lay a copy of the Notification
before the Legislature if it is in session, and if it is not in
session when it next reassembles.
18. Substituted by Act No.III of 1954.
19. Substituted for the word ―Jarida‖ by the A.P.A.O. 1957.
20. Substituted for the words ―the State‖ by the A.P.A.O. 1957.
Determination of
area of Family
Holdings.
Specification of
local areas.
8 [Act No.XXI of 1950]
Limits:- (1) Wet land – Single Crop each year, all kinds of
soils:
(a) Classification of 8 annas or
above ..
6 Acres
(b) All other classes .. .. 9 Acres
(2) Dry Land:
(a) Black Cotton or laterite soils:
(i) Class I with soil classification
of 8 annas or above .. ..
24 Acres
(ii) All other classes .. .. 36 Acres
(b) Chalka soils: .. ..
(i) Class I with soil classification
of 8 annas or above .. ..
48 Acres
(ii) All other classes .. .. 72 Acres
Provided that the Government may, by general or
special order direct that the limits of the family holdings
specified in this sub -section, shall for any local area be
varied if the Government is satisfied that such variation is
necessary or expedient for ensuring that the value of
produce after deducting fifty per cent, therefrom as cost of
cultivation is Rs. 800.]
CHAPTER III.
TENANTS.
General Provisions.
5. 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,-
Persons deemed
to be tenants.
[Act No.XXI of 1950] 9
(a) a member of the landholder‘s family, or
21[(b) a servant on wages payable in cash or kind, but
not in crop share or a hired labourer cu ltivating the land
under the personal supervi sion 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 land
holder 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 deemed to be a tenant:
22Provided further that a sub -tenant cultivating any land
belonging to another person on the day on which the
Hyderabad Tenancy and Agricultural Lands (Second
Amendment) Act, 1951, came into force shall,
notwithstanding the fact that the creation of the sub -tenancy
might have been prohibited by any law for the time being in
force, be deemed to be lawfully cultivating the land as a
tenant for the purposes of this section.
21. Amended by Act No.III of 1954.
22. Amended by Act No.XXIII of 1951.
10 [Act No.XXI of 1950]
6. 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.
23[7. (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 success ion, 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 land holder 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 tenancy in the last year of each
of the said periods if he requires the land for cultivating
personally:
Provided that the area of the land, the tenancy of which
can be so terminated, shall not exceed one family holding
for each adult worker in a family;
(c) Notwithstanding anything contained in clause (a)
such tenancy shall, subject to the provisions of sections 27
and 28, be liable to be terminated by the landholder or the
23. Substituted by Act No.III of 1954.
General
prohibition of
leases after three
years from
commencement
of Act.
Special cases in
which leases are
permitted.
[Act No.XXI of 1950] 11
tenant on any of the grounds and in the manner provided in
section 19.
(2) Notwithstanding anything contained in sub-section
(1) and in section 6, a landholder who,-
(a) is a minor or a female,
(b) is permanently incapable of cultivating land by
reason of any physical or mental infirmity,
(c) is serving in the Naval, Military or Air Forces of
India,
(d) is temporarily prevented by any sufficient cause
from cultivating land, may, after three years from the
commencement of this Act, with the permission of the
Collector, lease the land held by him for such period as the
Collector may fix:
Provided that where the land is held jointly by more
than one person, the provisions of this sub -section shall not
apply unless all such persons are subject to any disability
specified in clauses (a), (b), (c) or (d):
Provided further that where such disability cease s, by
reason of the death of the landholder or otherwise before
the expiry of the period of lease fixed by the Collector, the
lease shall be terminated within such period as the Collector
may appoint.]
8. Every lease made within three years from the
commencement of this Act shall be for a period of 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:
Period of leases
made within 3
years of
commencement
of Act.
12 [Act No.XXI of 1950]
24[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.]
25[9. 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.
10. 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.
11. (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—
(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.
24. Added by Act No.XXIII of 1951.
25. Substituted by Act No.III of 1954.
Copy of lease to
be filed before a
Tahsildar.
Summary
ejectment of a
person in
possession of
land under void
lease.
Maximum rent.
[Act No.XXI of 1950] 13
(d) Wet land-
(i) Irrigated by wells .. .. 3 times the
land revenue.
(ii) Irrigated by other sources .. .. 4 times the
land revenue.
(e) Classes of land which do not fall
within the clause (a), (b), (c) or (d) .. ..
Reasonable
rent
determined
having regard
to the classes
of land and the
rent fixed for
the said
categories.
Explanation I: - Lands irrigated by wells which are
assessed as dry shall be deemed to be wet lands for
purposes of this section.
Explanation II :- In the former Non -Diwani areas which
have not yet been settled or resettled, the multiples of land
revenue payable as rent shall be calculated on the land
revenue prevailing in the adjoining Diwani areas:
Provided that only the landholder shall be liable for the
payment of the land revenue to the Govern ment and in case
the tenant pays the same to the Government he shall be
entitled to deduct the same from the rent payable by him:
Provided further that where on any land special
improvements have been made by the landholder, such as
sinking a well, the t ribunal may in respect of such land fix
any higher multiple of land revenue as the rent payable
therefor.
14 [Act No.XXI of 1950]
(2) When the land revenue of any land is revised,
suitable adjustments in the multiples of land revenue
payable as rent under sub -section (1) may al so be effected
on the application of the landholder or the tenant or by the
Government on its own motion.
12. 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 usa ge, 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.
13. (1) With effect from the date of the commencement of
the Hyderabad 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 th e
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.]
Rent.
Liability to
payment.
[Act No.XXI of 1950] 15
14. (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.
15. If any landholder recovers rent from any tenant in
contravention of the provisions of section 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.
16. Notwithstanding any agreement, usage or law, it shall
not be 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.
17. (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
Prohibition for
receiving rent in
terms of labour.
Refund of rent
recovered in
contravention of
the provisions of
the Act and other
penalties.
Abolition of all
cesses etc.
Enquiries as
regards
reasonable rent.
16 [Act No.XXI of 1950]
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 va lues 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 land -
holder 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 of
proceedings under this section deposit with the Tribunal, or
if an appeal from the Tribunal ‘s order has been filed under
sub-section (1) of section 90, with the Collector, a sum
equal to the amount of the rent which if no proceedings had
been instituted under this section he would have been liable
to pay in respect of the land of which the reasonab le rent is
to be determined. On the completion of proceedings the
Tribunal or the Collector, as the case may be, shall direct
that the amount so deposited or such part of it, as is equal
to the amount determined as reasonable rent under this
section shall be paid to the landholder and shall make such
other orders as may be necessary.
[Act No.XXI of 1950] 17
(5) Every determination of reasonable rent under this
section shall remain in force for a period of five years from
the date of 26[the Tribunal‘s order] under sub -section (2) o r,
if an appeal therefrom is filed, from the date of the
Collector‘s order on such appeal, and shall not be called in
question during that period:
Provided that the Tribunal or the Collector, as the case
may be, may during the said period,-
(a) reduce the rent if on an application made by the
tenant the Tribunal or the Collector is satisfied that on
account of deterioration of the land by floods or other
causes beyond the control of the tenant, the land has been
wholly or partially rendered unfit for t he purposes of
cultivation; or
(b) enhance the rent if on an application made by the
landholder the Tribunal or the Collector is satisfied that on
account of any improvement made in the land by or at the
expense of the landholder the produce of the land has been
increased.
18. (1) Notwithstanding anything contained in section 73 of
27[the Telangana 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 o r remitted, the
landholder shall suspend or remit a proportionate amount of
the rent payable in respect of such land by the tenant.
26. Substituted by Act No.XIII of 1951.
27. Adapted in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Suspensions or
remissions of rent.
18 [Act No.XXI of 1950]
(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 landh older of the whole or part
of the rent due in respect of such first mentioned land.
(3) No application 28[under sub -section (2) of section
28,] shall be entertained, no suit shall lie and no decree of a
Civil Court shall be executed for recovery by a land holder of
any rent the payment of which has been remitted or is for
the time being suspended under this section, and any
period during which the payment of rent is suspended
under this section shall be excluded in computing the period
of limitation prescri bed or any suit or proceeding for the
recovery of such rent.
(4) Notwithstanding anything contained in 28[sub-
section (2) of section 28], the 28[Tahsildar] shall, in passing
an order under the 28[said sub -section] for rendering
assistance to the landhold er, allow to the tenant a set -off of
the sum, if any, paid by such tenant to the landholder in
excess of the amount of rent due from him after deducting
the amount required to be remitted under sub -section (1) or
sub-section (2) of this section or under se ction 73 of 29[the
Telangana Land Revenue Act 1317 F.]:
Provided that such set -off shall be allowed in respect
only of the sum paid by the tenant to the landholder during
a period of three years immediately preceding the date of
the application made under 28[sub-section (2) of section 28].
28. Substituted by Act No.III of 1954.
29. Adapted in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
[Act No.XXI of 1950] 19
(5) If any landhold er fails to suspend or remit the
payment of rent as provided in this section, he shall be liable
to refund to the tenant the amount recovered by him in
contravention thereof, and on the application of the tenant,
the Tahsildar may, after due enquiry, make an order for the
refund of such amount.
19. (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,-
30[(a) by the tenant by surrender of his rights to the
landholder at least 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) b y the landholder on a ground specified in sub -
section (2).
(2) The landholder may terminate a tenanc y on the
ground that the tenant,-
30. Substituted by Act No.III of 1954.
Termination of
tenancy.
20 [Act No.XXI of 1950]
(a) (i) has failed to pay in any year, within fifteen days
from the day fixed under 31[the Telangana Land Revenue
Act, 1317 F] for the payment of the last instalment of 32[land
revenue due for the land concerned in that year], the rent of
such land for that year; or
(ii) if an application for the determination of
reasonable rent is pending before the Tribunal or the
Collector under section 17, has failed to deposit within 15
days from the aforesaid date with the Tribunal or the
Collector, as the case may be, a sum equal to the amount of
rent which he would have been liable to pay for that year if
no such application had been made; or
(iii) in case the reasonable rent determined under
section 17 is higher than the sum deposited by him, has
failed to pay the balance due from him within two months
from the date of the decision of the Tribunal or the Collector,
as the case may be; or
(b) has done any act which is destructive or
permanently injurious to the land; or
(c) has sub-divided the land; or
(d) has sub -let the land or failed to cultivate the land
personally, or has assigned any interest therein; or
(e) has used such land for a purpose other than
agriculture:
32[Provided that no tenancy of any land held by a
tenant shall be terminated on any of the grounds mentioned
in this sub -section unless the landholder gives six months ‘
31. Adapted in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
32. Substituted by Act No.III of 1954.
[Act No.XXI of 1950] 21
notice in writing intimating his decision to terminate the
tenancy and the grounds for such termination]; and
Provided 33[further] that the tenancy of a tenant who,-
(a) is a female or a minor, or
(b) is subject to physical or mental disability, or
(c) is serving in the Naval, Military or Air Forces of
India,
shall not be determined on the ground only that the land
comprised in the tenancy has been sub -let by or on behalf
of such tenant.
(3) The tenancy of a tenant holding a lease to which
section 33[7 or] 8 applies shall terminate,-
34[(a) Omitted;]
(b) where the landholder is a person who, having
served in the Naval, Military or Air Forces of India, in good
faith requires the land for personal cultivation on the
termination of such service, on the expiration of the year in
which such person gives notice in writing to the tenant that
the tenancy is terminated; or
(c) on the first day of March, 1951 in a case in which
a person deemed under section 34 to be a protected tenant
is entitled under section 36 to recover p ossession of the
land on that day.
33. Substituted by Act No.III of 1954.
34. Omitted by Act No.XXIII of 1951.
22 [Act No.XXI of 1950]
20. (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.
21. (1) If the landholder of a site referred to in section 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 -
section (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 land -holder 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
Bar to eviction
from dwelling
house.
Tenant to be
given first option
of purchasing site
on which he has
built a dwelling
house.
[Act No.XXI of 1950] 23
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 determined within three months from
the date of such orde r. On the deposit of such amount the
site shall be deemed to have been transferred to the tenant
and the amount deposited shall be paid to the landholder
and the Tribunal shall, on payment of the prescribed fees,
grant a certificate in the prescribed form to the tenant
specifying therein the site so transferred and the name of
the tenant.
35[(4) If in respect of a site which a landholder offers to
sell to the tenant under the provisions of sub -section (1) the
value payable therefor by the tenant is agreed to between
him and the land -holder either the land -holder or the tenant
or both jointly may apply to the Tribunal and thereupon the
Tribunal shall on the payment of the prescribed fees grant a
certificate in the prescribed form. The value that is so agreed
upon shall be deemed to be the value determined by the
Tribunal for the purposes of sub-section (3).]
35[(5)] If the tenant fails to intimate his willingness to
purchase the site within the period referred to in sub -section
(2) or fails to deposit the a mount of the value within the time
specified in sub -section (3), the tenant shall be deemed to
have relinquished his right of first option to purchase the site
and the landholder shall thereupon be entitled to evict the
tenant after either paying him such compensation for the
value of the structure of the dwelling house as may be
determined by the Tribunal or allowing the tenant at his
option to remove the materials of the structure.
35[(6)] Any sale of a site effected in contravention of this
section shall be void.
35. Amended by Act No.III of 1954.
24 [Act No.XXI of 1950]
22. Government may, by Notification in the 36[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.
23. 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 land -holder shall during the
continuance of the tenancy be entitled to the rent of the land
as if the trees had not been planted.
24. (1) A tenant shall during the continuance of his tenancy
be entitled to two -thirds of the total produce of trees
naturally growing on the land, the land -holder being entitled
to one-third of the produce of such trees.
(2) If there is any dispute regarding the right to the
produce of such trees or the apportionment of such
produce under sub-section (1) the tenant or the land -holder
may apply in the prescribed form to the Tahsildar.
(3) On receipt of such application, the Tahsildar sh all
after holding an inquiry, pass such orders thereon as he
deems fit.
36. Substituted for the word ―Jarida‖ by the A.P.A.O. 1957.
Dwelling houses
of agricultural
labourers and
artisans.
Tenant‘s rights to
trees planted by
him.
Rights to produce
of naturally
growing trees.
[Act No.XXI of 1950] 25
25. Notwithstanding anything contained in 37[the
Telangana 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 o f such boundary marks shall
be upon the tenant.
26. (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 landholde r 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 Excerpt shown. Open the full act in Lexace.