Resource information
The present Rules consist of 46 articles divided into the following Chapters: Preliminary (I); Tenancy Rights, Records of Tenancy Rights, and Ceilings on Tenancy Holdings (II); Ceilings on Land Holdings, Compensation and Sale and Reallotment (III); Compulsory Savings and Credit Arrangements (IV); Miscellaneous (V). As far as tenancy is concerned, chapter 2 establishes that the District Land Reform Officer designated by the Government may appoint several land reform teams "for the purpose of collecting records of owner-cultivators as well as of tenants cultivating lands owned by others". It establishes also the procedure for the implementation of said purpose (publication of a notice by the Land Reform Officer, collection of records, filing of complaints with the local Village or Town Panchayat, issue of certificates of Tenancy Rights to Tenants, custody of records). The Rules provide also for the establishment of a committee for the purpose of granting tenancy rights to genuine tenants. Said Committee shall be in charge of receiving any complaint and conduct the necessary investigations. With respect to lands in excess of the prescribed ceilings, the District Land Reform Officer shall acquire tenancy rights either on the basis of the records in case the time-limit for filing complaints has expired, or on the basis of the final decision in case any complaint has been filed with the Zonal Court. The Government may in these cases decide to pay a compensation determined at 25 percent of the value of the land calculated at the rate prescribed under the present Rules. Tenancy rights acquired either after eviction or in case of excess of the prescribed ceilings, may be sold or reallotted by the District Land Reform Officer according to the priorities established in section 16. In such case the compensation to the previous tenant shall be paid in cash in one lump sum or in a maximum of five installments. The Rules make further provisions for the prescription of ceilings on land holdings and state the criteria for the payment of compensation as well as the procedure for the sale and reallotment of the land. Chapter 4 establish the rates of compulsory savings to be deposited by the landowner. The Rules provide also for the formation and management of Village and Town committees, which may obtain loans from the Agriculture Development Bank. Peasants may obtain loans from money-lenders according to the provisions of the Rules, regarding, inter alia, (a) the recovery of loans from tenant-debtors, (b) the supply of credit to peasants from the amounts collected from compulsory savings and recovery of agricultural loans, (c) the purpose of loan (e.g. sowing of crops, payment of wages to agricultural laborers, purchase of agricultural equipment, personal consumption, etc.), (d) the categories of credit and priority, (e) the rate of interest, (f) the realization of loans.
Implements: Lands Act, 2021 (1964). (2010-01-21)
