Under Section 5(2) of the Rajasthan Tenancy Act, 1955, the term “Agriculture” includes the following activities:
- Horticulture
- Cattle breeding
- Dairy farming
- Poultry farming
- Forestry development
The definition of “Agriculture” is quite broad. It not only covers traditional farming but also allied economic activities such as horticulture, animal husbandry, dairy, poultry, and forestry. This definition is crucial for determining tenancy rights, fixing rent, and regulating land use under the Act.
Under Section 16 of the Rajasthan Tenancy Act, 1955, Khatedari rights shall not accrue in the following lands (notwithstanding anything in the Act):
- Pasture Land: Land reserved for grazing of cattle. Example: Village common grazing grounds (Charagah).
- Land used for casual or occasional cultivation in the bed of a river or tank: Land in riverbeds or tank beds used seasonally. Example: Cultivable land exposed when a river dries up temporarily.
- Land covered by water and used for growing Singhara or other like produce: Water-covered areas for specific aquatic crops. Example: Lakes or ponds used for Singhara (water chestnut) cultivation.
- Land under shifting or unstable cultivation: Lands where cultivation is not fixed but shifts frequently. Example: Jhum (shifting) cultivation in hilly areas.
- Land comprised in gardens owned and maintained by the State Government: State-owned and maintained gardens. Example: Government botanical gardens or orchards.
In the context of a tenant’s holding, an “improvement” refers to any work or construction that significantly enhances the value of the land while remaining consistent with its agricultural purpose.
Key Components:
- Structural Additions: Construction of dwelling houses, cattle-sheds, storehouses, or other agricultural buildings by the tenant.
- Land & Water Management: Works for irrigation (wells, tanks, channels), drainage, flood protection, and land reclamation (leveling or terracing).
- Maintenance & Upgrades: Substantial alterations, renewals, or reconstructions of existing works, rather than routine repairs.
- Exclusion: Temporary works performed during the ordinary course of cultivation are not classified as improvements (e.g., temporary wells, water channels, bunds, enclosures).
Examples:
- The construction of bunds, tanks, wells, water channels and other works for the storage, supply or distribution of water for agricultural purposes.
- Construction of works for the drainage of land for its protection from floods or from erosion or from other damage by water.
- Reclaiming, clearing, enclosing, levelling or terracing of land.
- Erection in the immediate vicinity of the holding, otherwise than on the village-site, of a building required for the convenient or profitable use or occupation of the holding.
- Renewal or reconstruction of any of the foregoing works or such alteration therein or additions thereto as are not of the nature of mere repairs.
Important Note: Improvement must serve agriculture, not luxury. For example, a tenant cannot construct a luxury villa as an ‘improvement’ under this section, as it serves a residential/extravagant purpose, not an agricultural one. Therefore, it would be a violation of the tenancy conditions and would not qualify as an improvement.
