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THE RAJASTHAN TENANCY (AMENDMENT) ACT, 2011
THE RAJASTHAN TENANCY (AMENDMENT) ACT, 2011
Bill No. 9 of 2011
A Bill further to amend the Rajasthan Tenancy Act, 1955.
Be it enacted by the Rajasthan State Legislature in the Sixty-second Year of the Republic of India, as follows:-
1. Short title and commencement.-
(1) This Act may be called the Rajasthan Tenancy (Amendment) Act, 2011.
(2) It shall come into force at once.
2. Amendment of section 45, Rajasthan Act No. 3 of 1955.-
In section 45 of the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955),-
(i) in sub-section (1), for the existing punctuation mark ".", appearing at the end, the punctuation mark ":", shall be substituted and after sub-section (1), so amended, the following proviso shall be added, namely:-
"Provided that for the purpose of agricultural operations in connection with such agro-processing and agri-business enterprises as may be approved in the prescribed manner by the State Government or any authority appointed by it, a holder of Khudkasht or a land owner may let or a Khatedar tenant may sub-let whole or any part of his holding for a term of fifteen years and may extend such lease or sub-lease for a further period of fifteen years.";
(ii) in sub-section (2), after the existing expression "has once been granted" and before the existing expression "for any term", the expression "or extended" shall be inserted.
STATEMENT OF OBJECTS AND REASONS
Rajasthan, with its diverse agro-climatic conditions, is richly endowed in the cultivation of a variety of crops. The State is a major producer of oilseeds and spices. With abundance of land, the State is well positioned to develop agro-processing industries and agri-business enterprises, which would have a major impact on the State's economy, particularly in the rural areas.
Availability of agricultural land is among the foremost requirement for setting up agro-processing and agri-business enterprises.
Section 45 of the Rajasthan Tenancy Act, 1955 provides that no holder of Khudkasht or a land owner shall let and no Khatedar tenant or his mortgagee shall sub-let the whole or any part of his holding at any one time for a term exceeding five years.
To make easy availability of agricultural land for setting up agro-processing and agri-business enterprises, aforesaid section 45 is proposed to be amended to enable a holder of Khudkasht or a land owner or a Khatedar tenant to let or as the case may be sub-let his holding for 15 years and to renew the lease for further 15 years for the purpose of agricultural operations in connection with such agro processing and agro-business enterprises as may be approved by the State Government.
The Bill seeks to achieve the aforesaid objectives.
Hence the Bill.
(Hema Ram Chaudhary)
Minister Incharge.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 2 of the Bill, which seeks to add a proviso to sub-section (1) of section 45 of the Rajasthan Tenancy Act, 1955, if enacted, shall empower the State Government to prescribe the manner in which agro-processing and agri-business enterprises shall be approved by the State Government for the purpose of aforesaid proviso.
The proposed delegation is of normal character and mainly relates to the matters of detail.
(Hema Ram Chaudhary)
Minister Incharge.
EXTRACTS TAKEN FROM THE RAJASTHAN TENANCY ACT, 1955
(Act No. 3 of 1955)
45. Restriction on letting and sub-letting.-
(1) No holder of Khudkasht or a land owner shall let and no Khatedar tenant or his mortgagees shall sub-let the whole or any part of his holding at any one time for a term exceeding five years.
(2) Where a lease or sub-lease has once been granted for any term under sub-section (1) no further lease or sub-lease, as the case may be, in respect of the same land shall be granted within two years of the expiry of the first mentioned lease or sub¬lease.
(3) No Ghair Khatedar tenant shall sub-let the whole or any part of his holding for a term exceeding one year.
(4) No sub-tenant or tenant of Khudkasht shall sub-let the whole or any part of his holding except in circumstances mentioned in section 46.
