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Behavior and Law

Key Definitions Under the Act

Rajasthan Tenancy Act 1955 — Definitions & Key Sections

Paper III · Unit 3 Section 3 of 16 0 PYQs 23 min

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Key Definitions Under the Act

2.1 Core Tenancy Categories (Section 5)

Section 5 contains the Act's dictionary clause with 33 defined terms. The most examination-relevant are:

Khatedar Tenant [Section 5(18)]: A person who holds land in a khata (landed account in the village records) and has a permanent, hereditary, and transferable right of occupancy. This is the highest form of tenant right — equivalent to ownership for practical purposes. Khatedar rights are:

  • Heritable (pass to legal heirs on death)
  • Transferable (can be sold, mortgaged, or gifted subject to restrictions)
  • Permanent (cannot be terminated except on grounds in Section 183)

Ghair Khatedar Tenant [Section 5(10)]: A tenant who does not have a permanent or hereditary right of occupancy. Their holding is time-limited and non-transferable. A Ghair Khatedar can acquire Khatedar status after continuous cultivation for a specified period under Section 19.

Sub-tenant [Section 5(26)]: A person who holds land from a tenant (rather than directly from the State); sub-tenancies are heavily restricted to prevent exploitation.

Mundkars/Attached labourers: Agricultural labourers who live on the landlord's land and provide labour services in exchange for land use — the Act restricts and protects their rights.

Occupancy tenant: A person entitled to hold land at fixed rates in perpetuity, regardless of changes in land ownership — a transitional category from pre-1955 law.

2.2 Land Revenue Terminology

Khata: The land account maintained by the Patwari showing the details of landholders, their survey numbers, area, revenue assessment, and crop details.

Khasra: The field register maintained by Patwari giving survey-wise details of each agricultural plot — crop grown, area, type of irrigation, revenue, and the name of the cultivator.

Jamabandi: The periodically revised register of rights (ROR) combining khata and khasra information; the primary legal document establishing tenancy rights; prepared every five years by consolidation survey.

Sayar: Income from trees, forest produce, fisheries, water bodies, and other non-crop revenue sources appurtenant to agricultural land. Sayar differs from "mal" (crop revenue). Appeared in 2023 RPSC PYQ (5 marks).

Shamilat: Common village land (not privately owned) used collectively for grazing, irrigation channels, and common purposes; managed by the village panchayat.

Nazul Land: Government land within town/city areas vested in the State Government; differs from agricultural khatedari land in both purpose and legal regime (see also T136).

Khalsa: Land under direct State ownership and management (as opposed to land under private tenure).