(1) Notwithstanding any agreement, usage or custom to the contrary, if it appears to Government that the construction, maintenance or repair of any bunds protecting any land held by a tenant is neglected owing to a dispute between the landholder and the tenant or for any other reason, Government may by an order in writing direct that the construction, maintenance or repair shall be carried out by such persons as may be specified in the order and the costs thereof shall be recoverable from the person in actual possession of the land as arrears of land revenue.
(2) The person from whom the costs are recovered under sub-section (1) shall be entitled to recover the same or the appropriate part thereof from any person who under any agreement, usage or custom is wholly or partially liable to construct, maintain or repair the bunds.
(3) Notwithstanding anything contained in sub-section
(1) it shall be lawful for the tenant of any land, the protective bunds of which are neglected, to construct, maintain or repair such bunds at his cost and the costs so incurred by him shall on application made by him to the Tahsildar be recoverable by him from the landholder according to his liability under any agreement, usage or custom. The costs of the proceedings on the tenant‘s application shall also be recoverable from the landholder in case the landholder is held wholly or partially liable to pay the costs incurred by
37. Adapted in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Tenants responsible for maintenance of boundary marks.
Repairs of protective bunds.
26 [Act No.XXI of 1950] the tenant for the construction, maintenance or repair of the bunds.
38[26-A. If at any time on a land held by a tenant any amount is levied or imposed by the Government as betterment contribution under the provisions of 39the Hyderabad Irrigation (Betterment Contribution and Inclusion Fees) Act, 1952, the tenant and the landholder thereof shall be liable to pay such amount to the Government in such proportion as the Government may, by general or special order determine under that Act as though both were owners for the purposes thereof:
Provided that the general or special orders so made shall be laid before the Assembly.]
27. Where tenancy of any land held by a tenant is terminated on the ground that the tenant has done any act which is destructive or permanently injurious to the land, no proceeding for ejectment shall lie against such tenant unless and until the landholder has served on the tenant a notice in writing specifying the act of destruction or injury complained of and the tenant has failed within a period of one year from the service of such notice to restore the land to the condition in which it was before such destruction or injury.
28. 38(1) Where a tenancy of any land held by a tenant is terminated for non-payment of rent and the landholder files any proceeding to eject the tenant, the Tahsildar shall call upon the tenant to tender to the landholder the rent in arrears together with the cost of proceeding within 38[ninety] days from the date of the order, and if the tenant complies with such order, the Tahsildar shall, in lieu of making an
38. Amended by Act No.III of 1954.
39. This Act was repealed by Act No.XXXVII of 1959.
Betterment contribution.
Relief against termination of tenancy in certain cases.
Relief against termination of tenancy for non payment or rent.
[Act No.XXI of 1950] 27 order of ejectment, pass an order directing that the tenancy has not been terminated, and thereupon the tenant shall hold the land as if the tenancy had not been terminated:
Provided that nothing in this section shall apply to any tenant whose tenancy is terminated for non-payment of rent if he has failed 40[for] any three years to pay rent within the period specified in sub-clause (i) of clause (a) of sub-section
(2) of section 19.
40[(2) The landholder may apply to the Tahsildar in the prescribed form for recovery of arrears of rent for any period not exceeding three years. The Tahsildar may, after such enquiry as he considers necessary pass such order as he deems fit. The Tahsildar in passing an order shall allow the tenant to set off the sum, if any, paid by him to the landholder within the period of three years immediately preceding the date of application made under sub-section
(1) in excess of the rent due from him:
Provided that if the Tahsildar is satisfied that in consequence of a total or partial failure of crops or similar calamity the tenant has been unable to pay the rent due, the Tahsildar may, for reasons to be recorded in writing, direct that the arrears of rent together with costs of the proceedings, if awarded, shall be paid within one year from the date of the order and that if before the expiry of the said period the tenant fails to pay the said arrears of rent and costs, the tenancy shall be deemed to be terminated and the tenant shall be liable to be evicted.
(3) When a tenant tenders an amount on account of rent to the landholder for any period and if the landholder refuses to receive it or refuses to grant a receipt for it, the tenant may present to the Tahsildar an application in writing
40. Amended by Act No.III of 1954.
28 [Act No.XXI of 1950] for permission to deposit in his office the full amount of rent.
The Tahsildar may receive the amount in deposit and give a receipt for it, which shall constitute a discharge of the tenant‘s liability in respect of rent for such period and no claim or application by a landholder for rent shall be maintainable in respect of the period for which the rent has been so deposited by the tenant. Notice of the amount so deposited shall be given to the landholder and the amount will, on his application, be paid to him.]