ANDHRA PRADESH LAND TENANCY ACT – 1956
Evolution:
One of the most important objectives of the land reforms in
India is the protection of rights and interest of tenants by whatever name they
have been called. Till 1950, the main forms of land tenure in fore in Andhra
area were Zamindari, Enamdari and Ryotwari.
Zamindari system was prevalent over 50% of the total area of
the land. These Zamindars followed a variety of rental arrangements calculated
to leave the peasant only the barest and minimum recompense for his labour. The arrangements between zamindars and peasants were iniquitous.
The oppressive activities of the zamindars resulted in the
formation of the Andhra Provincial Zamindari Rights (peasants) Association led
by Prof. N.G. Ranga, which supported the cause of Ryots.
After prolonged agitation by the peasant organizations, zamindari
system was abolished in the year 1949 and 10 years later Inamdari system was
also abolished.
Thus the efforts of several individuals and organizations as
stated above lead to the enactment of the Andhra Pradesh (Andhra Region)
Tenancy Act, 1956, which has been amended by Act 39 of 1974 which came into
effect from 1-7-1980.
Objectives:
- To protect the tenants from unjust eviction
- To regulate the fair rent payable by the tenant to the land lord
- To prescribe the minimum period for agricultural leases
- To provide for a right of first preference to tenant, in purchasing the land.
According to this Act,
- 1/3rd of the produce has to be paid as rent.
- The rental agreements should be implemented for at least 6 years.
- After 6 years landlord gets his land back and either extends the same lease or changes the tenant.
Important Features of Andhra Pradesh (Andhra Region) Tenancy
Act, 1956:
1.
All the tenancy or lease agreements should be in
written form.
2.
Land custody Right: According to the amendments
of 1974, all the tenants who were cultivating prior to 1974 act, gained
permanent rights. Tenants who started their leases after 1974 got the custody
of land for 6 years, which can be extended depending upon the willingness of
the landlord and tenant.
3.
Maximum rent (revenue) payable: The Maximum rent
(or revenue) should not exceed 30 percent of the land produce in the case of
well irrigated lands, and this was 25 percent in the case of all other types of
lands. The tenant should bear the cost of cultivation. But the taxes on the land
would be paid by the landlord.
4. Justifiable Rent: If, either the landlord or the
tenant felt that the rent or revenue is not reasonable, they could appeal to
the special officer of the concerned department, which should reach the officer
before the gathering or collection of the produce.
5. In the instance of natural disasters like floods
and others, the tenant could appeal to the special officer for complete or
partial cancellation of rent or revenue.
6.
The tenants get hereditary rights also on the land
cultivated by them.
7.
The landlord can cancel the rental agreement
before its time limit in certain circumstances. They are:
a.
If the tenant did not pay revenue even after one
month of the time limit agreed to.
b.
If the tenant cultivates the land in improper ways,
so as to make it infertile.
c.
If the tenant sublets or subleases the land to
another tenant.
8.
The landlord gets the right to reclaim his land
to cultivate on his own.
9. Ownership rights: The tenant gets ownership
rights if he pays responsible price either decided by the special officer or
decided according to the agreement between the tenant and landlord. The price
of the land should not exceed to more than 5 times than the revenue (rent)
being paid on it. This can be paid in annual installments.
