(lxxiii)
Haryana Government Gazette
EXTRAORDINARY
Published by Authority
© Govt. of Haryana
No. 205-2024/Ext.]
CHANDIGARH, THURSDAY, DECEMBER 19, 2024
(AGRAHAYANA 28, 1946 SAKA )
LEGISLATIVE SUPPLEMENT
CONTENTS
PART-I
ACTS
PAGES
THE HARYANA LEASE OF AGRICULTURAL LAND ACT, 2024
179—184
(HARYANA ACT NO. 23 OF 2024).
PART-II
ORDINANCES
NIL
PART-III
DELEGATED LEGISLATION
NIL
PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS
NIL
a
HARYANA GOVT. GAZ. (EXTRA.), DEC. 19, 2024 (AGHN. 28, 1946 SAKA)
179
PART - I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 19th December, 2024
No. Leg. 30/2024.— The following Act of the Legislature of the State of Haryana
received the assent of the Governor of Haryana on the 3rd December, 2024 and is hereby
published for general information:-
HARYANA ACT NO.23 OF 2024
THE HARYANA LEASE OF AGRICULTURAL LAND ACT, 2024
AN
ACT
to provide a mechanism for recognition of leasing of agricultural land and to permit and
facilitate lease of agricultural land, protecting the ownership rights of land-owners and for
matters connected therewith and incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Seventy-fifth Year of the
Republic of India as follows:-
1.
(1)
This Act may be called the Haryana Lease of Agricultural Land Act, 2024.
(2)
It shall come in force from the date of its publication in the Official Gazette.
(3)
It shall apply to all agricultural land under cultivation in the State of Haryana:
Provided that the provisions of the Act shall not apply to the following land,
namely:-
(i)
land owned by the Central Government, State Government, a Municipal
Corporation under the Haryana Municipal Corporation Act, 1994 (16 of
1994) or a Municipality body under the Haryana Municipal Act, 1973 (24 of
1973) and a Gram Panchayat or Panchayat Samiti or Zila Parishad under the
Haryana Panchayati Raj Act, 1994 (11 of 1994);
(ii)
land owned, managed or controlled by any statutory body, university,
company, society or trust under the management and control of the Central
Government or the State Government;
(iii)
land recorded in the land revenue records as shamilat deh, shamilat tikkas,
shamilat tarafs, pattis, pannas and tholas or any other land falling within the
ambit of shamilat deh under the relevant statute;
(iv)
land recorded in the land revenue records as ‘Jumla Malkan Wa Digar
Haqdaran Arazi Hassab Rasad Raqba’ or similar nomenclature which is
reserved for common purposes under the Haryana Holdings (Consolidation
and Prevention of Fragmentation) Act, 1948 (East Punjab Act 50 of 1948).
Short title,
commencement
and application.
2.
(1)
In this Act, unless the context otherwise requires,-
(a)
“agriculture” includes activities that are performed alongwith or related to
agriculture such as construction of structure for rearing of livestock, storage
of agricultural produce equipments, fertilizer, seed and agricultural produce
including food and non food crops, fodder or grass, fruits and vegetables,
flowers, any other horticultural crops and plantation, animal husbandry and
dairy, poultry farming, stock breeding, fishery, agro forestry, agro-
processing, which the lessor and lessee decide to do in the lease agreement
executed and such other ancillary activities, as may be notified by the
Government;
(b)
“Government” means the Government of the State of Haryana in the
administrative department;
(c)
“improvement” means improvement of land through creation of capital
assets and shall also include the works to be done by mutual consent of
lessor and lessee, as mentioned in the lease agreement;
Definitions.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 19, 2024 (AGHN. 28, 1946 SAKA)
180
(d)
“land” means land which is used for agriculture but does not include the sites
of buildings and other structures on such land except where these are used for
agricultural;
(e)
“lease agreement” means an agreement in writing between the lessor and the
lessee by which the lessor conveys use and occupation of his land to the
lessee for agriculture for a specified period for a consideration in the form
lease money under this Act;
(f)
“lease money” means money or share of crop given to lessor, as per the lease
agreement under this Act;
(g)
“lessee” means a person doing agriculture and allied activities by giving
money in accordance with the lease agreement executed under this Act;
(h)
“lessor” means owner of the land and includes his authorised representative;
(i)
“prescribed” means prescribed by the rules made under this Act.
(2)
The words and expressions used but not defined in this Act shall have the same
meaning as assigned to them in the Haryana Land Revenue Act, 1887 (Punjab Act 17 of 1887).
Lease of
agricultural land.
3.
(1)
On and from the commencement of this Act, any person intending to lease
agricultural land under the provisions of the Act shall enter into lease agreement consistent with
the terms of this Act.
(2)
The land owner or his authorised representative intending to lease out agricultural
land shall enter into a written lease agreement for such period and on such terms and conditions, as
may be agreed upon by mutual consent.
(3)
The lease agreement shall contain the following details, terms and conditions,
namely:-
(a)
the name of the lessor and the lessee with their complete address/
correspondence details;
(b)
the reference details of the agricultural land including field number proposed
to be leased as per the revenue record and its exact location;
(c)
the period of the lease agreement including the dates of commencement and
expiry of the lease in consonance with the agricultural crop cycle;
(d)
the lease amount on per annum basis for the duration of the lease agreement
and the dates on which the lease amount shall be payable by the lessee to the
lessor;
(e)
in case of multiple land-owners, the land-owner or land-owners to whom the
lease amount shall be paid;
(f)
the terms and conditions for renewal or extension of lease agreement, if any;
(g)
the conditions that shall lead to material breach of the lease agreement and
consequences thereof including conditions that have to be fulfilled for
premature termination of the lease agreement before the normal expiry of the
lease period;
(h)
the obligations of the lessor towards investment for land improvement for
agricultural productivity and sustainability including irrigation and soil
quality enhancement;
(i)
any defect in the nature of land or its usage for agricultural purposes, any
pending litigation or default on the part of the lessor, of which he is aware
and which affects or is likely to affect the enjoyment of rights under this Act
by the lessee over the leased land;
(j)
any other mutually agreed clause consistent with the provisions of this Act
and prudent agricultural practices;
(k)
the lessee shall have the right to surrender the leased land as mutually agreed
with such notice to the lessor, as specified in the terms and conditions of the
lease agreement.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 19, 2024 (AGHN. 28, 1946 SAKA)
181
(4)
The lease agreement shall be registered in accordance with the provisions of the
Registration Act, 1908 (Central Act No.16 of 1908) and shall come into force on such date, as
may be agreed upon on or after the date, on which the lease agreement is registered.
(5)
The lessor and lessee shall, on coming into force of the lease agreement, be entitled
to the protections, rights and obligations under this Act.
4.
(1)
The lessor shall be obliged to deliver possession of the leased land free from
encumbrances except in terms of the provisions of this sub-section for purposes of cultivation,
immediately on commencement of the lease agreement entered into under sub-section (4) of
section 3:
Provided that where there is encumbrance in respect of the leased land prior to the
commencement of the lease agreement, and the lessor accepts to discharge the liability or interest
created thereon or repay any loan taken or interest thereon, then the delivery of possession to the
lessee shall be made with such encumbrance standing against the lessor.
(2)
The lease agreement and the period of lease thereof shall be entered in remarks
column of the Record of Rights but such entry shall not create any permanent tenancy or
occupancy tenancy rights or otherwise under any State law for the time being in force.
(3)
The possession of the leased land shall, immediately and without any further action
required on part of the lessor, revert to the land-owner on the expiry or termination of the lease.
(4)
The lessor shall be entitled to receive possession of the leased land free from
encumbrances immediately on expiry of the lease agreement or its premature termination and
without requiring any further action on the part of the lessor:
Provided that in case of premature termination of lease agreement, the lessee shall
be entitled to harvest the standing crop sown on the leased land in accordance with the
agricultural crop cycle and shall be liable to pay the lease amount for such period of occupation
beyond the date of termination of the lease agreement till the harvesting of the crop.
(5)
In the event of death of the lessee, the legal heir or successor of the lessee shall be
deemed to be the lessee and such legal heir or successor shall have the option to prematurely
terminate the lease agreement or have the lease agreement in force assigned to such legal heir or
successor for the remaining period of the lease.
(6)
The lessee shall continue to be in possession of the leased land till the expiry of the
period of lease agreement in case of sale, mortgage, redemption of mortgage, succession, gift, or
alienation or transfer in any manner including partition amongst the co-owners of the leased land
and further,-
(i)
the lessee shall be deemed to be the lessee of the right-holder in whose
favour the ownership or interest in the land is transferred; and
(ii)
the lease agreement shall stand assigned in favour of such right holder,
mutatis mutandis.
(7)
Lease of entire khasra number in cultivating possession in the revenue records
either by all the co-sharers together or single owner, as the case may be, shall be permissible.
Possession of
leased land.
5.
(1)
The lessee shall be entitled to cultivate the leased land during the period of the lease
agreement without interruption or interference from the lessor except in accordance with the
terms and conditions of the lease agreement and the provisions of this Act.
(2)
The lessee shall be entitled to obtain a crop loan as per the provisions of banking
laws, of tenure repayable within the agricultural crop cycle during the period of lease.
(3)
No encumbrance, other than a crop loan under sub-section (2), shall be created by
the lessee except with the prior written consent of the lessor.
(4)
The lessee shall be responsible for the repayment of any crop loan taken or interest
or any other liability created over the leased land, during the period of the lease agreement except
any liability or loan taken for land improvement under section 7 of this Act.
(5)
The lessee shall not, during the period of lease, sublet, in any manner or in whole or
in part, transfer possession of the leased land to any person except the lessor:
Provided that the engagement of labour for cultivation of land, shall not be
construed as subletting or transferring of possession of the leased land.
(6)
The lessee shall not use the land for a purpose other than agriculture or cultivation
of crops and for matters connected with or related thereto, as per terms of lease agreement.
Rights and
obligations of
lessee.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 19, 2024 (AGHN. 28, 1946 SAKA)
182
Rights and
obligations of
lessor.
6.
(1)
The lessor shall not interfere with the use and occupation of the leased land for
purposes of agriculture except as may be provided for in this Act or in the lease agreement, during
the period of lease in terms of the lease agreement.
(2)
Nothing in the lease agreement shall be construed as affecting the ownership rights
of the lessor or creating any right in favour of the lessee for permanent tenancy or occupancy
tenancy during or after the expiry of the lease, except in so far as the enjoyment of such cultivation
rights as may be contained in the lease agreement for the period of the lease.
(3)
The lessor shall provide a written and duly signed receipt for payment of lease
money made by the lessee, on its receipt by the lessor.
Rights and
obligations in
relation to
improvements
over leased land.
7.
(1)
The lessee may, with the prior consent of the lessor during the period of lease, make
improvements to the land to improve agricultural productivity and sustainability including for
purposes of irrigation and soil quality enhancement.
(2)
For the purposes of consent of the lessor under sub-section (1), the lessee shall serve
upon the lessor, a notice of not less than thirty days detailing and declaring his intent to make
improvements to the land and providing a reasonable estimate of the cost of land improvement.
(3)
The lessor shall have the option to make the improvements to the land at his cost or
provide the funds for such improvements to the lessee or permit the lessee to make the
improvements from the funds raised by the lessee and such option shall be indicated in the
response provided by the lessor under sub-section (2):
Provided that where the lessee makes the land improvement from funds raised by
him, the lessee shall be entitled to deduct the cost incurred for such improvement work carried out
by the lessee from the lease money payable to the lessor.
(4)
Subject to the options exercisable under sub-section (3), the lessor shall, within the
period of thirty days, provide or deny, in writing, his consent to make land improvement, as
detailed in the notice under sub-section (2).
Right of lessee
to raise crop
loan for
cultivation over
leased land.
8.
(1)
The lessee shall, without creating any permanent encumbrance on the land, have the
right to raise crop loan from a Bank, Co-operative Society or any other financial institution as per
their relevant laws.
(2) No charge may be created over the land for the loans sanctioned under this Act.
Right to lessee
for relief in case
of natural
calamity.
9.
In case of damage to the standing crop due to natural calamity or otherwise and where
compensation or relief for such damage is provided weather under a crop insurance or any other
scheme of the Central or State Government, the lessee shall have the right to receive compensation
or relief for such damage during the period of lease.
Dispute
resolution.
10.
(1)
Any aggrieved person, related to the lease agreement, may file, before the Assistant
Collector 1st Grade, an application detailing the disputed issues.
(2)
On receipt of the application under sub-section (1), the Assistant Collector
1st Grade, shall cause a notice to be issued, either in writing or by such designated electronic
means, as may be prescribed, to the other party at the address or mobile number, as the case may
be specified in the lease agreement.
(3)
The application shall be decided by the Assistant Collector 1st Grade within a period
of forty-five days from the date of filing the application under sub-section (1).
(4)
Notwithstanding anything contained in any other provision of this Act or in any
other State law for the time being in force, no interim order (whether by way of injunction or stay
or in any other manner) shall be made on, or in any proceedings relating to, an application under
sub-section (1) unless-
(a)
copies of such application and of all documents in support of the plea for
such interim order are furnished to the party against whom such application is
made or proposed to be made; and
(b)
opportunity is given to such party to be heard in the matter:
Provided that the Assistant Collector 1st Grade may dispense with the
requirements of clauses (a) and (b) and make an interim order as an
exceptional measure if he is satisfied, for reasons to be recorded in writing,
that it is necessary so to do for preventing any loss being caused to the
applicant which cannot be adequately compensated in money but any such
interim order shall, if it is not sooner vacated, cease to have effect on the
expiry of a period of fourteen days from the date on which it is made.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 19, 2024 (AGHN. 28, 1946 SAKA)
183
(5)
For the purposes of deciding the application, the Assistant Collector 1st Grade, shall
exercise the powers of a Revenue-officer under the provisions of Haryana Land Revenue
Act, 1887 (Punjab Act 17 of 1887).
11.
(1)
An appeal shall lie from an order passed by the Assistant Collector 1st Grade under
sub-section (3) of section 10 to the Collector having jurisdiction.
(2)
The appeal under sub-section (1) shall be filed within thirty days from the date of
the order under sub-section (3) of section 10.
(3)
Where in any matter, the Collector is of the opinion that the Assistant Collector
1st Grade has not disposed of the case within forty-five days without any reasonable cause, he
may, on an application made to him by either party or otherwise, summon the records of the case
and decide the matter.
(4)
The Collector shall decide the appeal under sub-section (1) or the matter under
sub-section (3) within a period of thirty days from the date of filing of appeal or application or
receipt of records of the matter, where the records have been summoned suo motu by him.
(5)
The order of the Collector in appeal shall be final.
(6)
In the event of any damage caused by the lessee to the land during the period of
lease, the lessor shall be entitled to such compensation, as may be determined by the Assistant
Collector 2nd Grade in accordance with the procedures, as may be prescribed:
Provided that in case there arises a dispute about the person entitled to receive
compensation, the lessee shall deposit it with the Assistant Collector 2nd Grade, having
jurisdiction in such manner, as may be prescribed.
Appeal.
12.
The lease agreement registered under sub-section (4) of section 3 of this Act may be
terminated by either party to such lease agreement, on the following grounds, namely:-
(a)
if the lessee fails to pay the lease amount to the lessor as per the agreed terms and at
the agreed time beyond the grace period as contained in the lease agreement;
(b)
if the lessee uses the land for purposes other than agriculture or cultivation of crops
or for matters connected with or related thereto;
(c)
if the lessee creates any encumbrance over the leased land other than that permitted
under this Act or without the prior written consent of the lessor;
(d)
if the lessee fails to repay any crop loan obtained by him or discharge any liability
created over the leased land during the period of lease;
(e)
if the lessee has sublet, in any manner, in whole or in part, or transferred possession
of the leased land to any person except the lessor;
(f)
the failure on the part of the lessor to make disclosure, if any, under the provisions
of this Act, shall entitle the lessee to terminate the lease and claim compensation
from the lessor;
(g)
if the lessee, without the prior consent of the lessor, substantially impairs or
damages the leased land for purposes of agriculture;
(h)
if the lessee attempts to make land improvement in the leased land without the prior
written consent of the lessor;
(i)
if the lessor and lessee mutually agree to terminate the lease agreement;
(j)
if the lessee dies during the period of lease and the legal heir or successor of the
lessee exercises the option to terminate the lease agreement under the provisions of
sub-section (5) of section 4 of this Act;
(k)
if either the lessor or the lessee is in substantial or material breach of the terms and
conditions of the lease agreement.
Conditions for
termination of
lease.
13.
(1)
Either the lessor or lessee, as the case may be, for the reasons specified in section
12 of this Act, issue notice for termination, in such form and manner, as may be prescribed, to the
other party:
Provided that the notice so served shall provide at least fifteen days for the other
party to respond to the notice and no action shall be taken by the party serving notice during this
period.
Procedure for
termination of
lease agreement.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 19, 2024 (AGHN. 28, 1946 SAKA)
184
(2)
In case, the party on whom the notice is served under sub-section (1) disputes the
grounds contained in the notice, then such party may reply within the period of fifteen days with
reasons stated therein, to the party serving notice.
(3)
If the dispute remains after consideration of the reply, then the party serving notice
may invoke the provisions of section 10 of this Act for settlement of the dispute.
(4)
Notwithstanding the existence of the dispute between the lessor and the lessee, the
lessee shall deliver possession of the leased land to the lessor on the completion of the lease
period.
Reinstatement of
lessor.
14.
On expiry of period of the lease agreement or its termination, if the lessee does not vacate
and deliver the possession of the land under the leased agreement, then on an application by the
lessor, the Assistant Collector 1st Grade shall issue a show cause notice to the lessee, requiring him
to deliver the possession of such land to the lessor within fifteen days failing which the Assistant
Collector 1st Grade shall employ reasonable force as he deems fit to secure actual possession and
reinstate possession of the lessor over such land.
Exclusive
jurisdiction of
Revenue
Officers.
15.
(1)
The Assistant Collector 1st Grade and Collector shall have exclusive jurisdiction to
decide any dispute between the lessee and lessor with reference to the leased land and in
accordance with the terms and conditions of the lease agreement and the provisions of this Act.
(2)
No civil court shall exercise jurisdiction over any matter in relation to or concerning
the lease agreement made under the provisions of this Act.
Protection of
action taken in
good faith under
this Act.
16.
No suit, prosecution or legal proceeding shall lie before any Court or Authority against any
public servant for anything done or intended to be done in good faith in performance of duty in
pursuance to this Act or the rules made thereunder.
Power to make
rules.
17.
(1)
The Government may make rules for the purpose of carrying out the purposes of this
Act.
(2)
All rules made under this Act shall be placed before the State Legislature.
Overriding
effect to the Act.
18.
Notwithstanding anything inconsistent therewith contained in any other State law for the
time being in force or any instrument having effect by virtue of such law, the provision of this Act
shall have overriding effect:
Provided that any rights accrued prior, actions already taken or cases pending under any
other State law in force shall be governed by the provisions of such law.
Power to remove
difficulties.
19.
(1)
If any difficulty arises in giving effect to the provisions of this Act, within a period
of two years from the date of commencement of this Act, the Government may, by order, notified
in the Official Gazette, make such provisions or give such directions as may appear to it to be
necessary for the removal of such difficulty.
(2)
A copy of the order passed under sub-section (1) shall, as soon as may notified, be
laid before the State Legislature in its next ensuing session.
________
RITU GARG,
ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA,
LAW AND LEGISLATIVE DEPARTMENT.
11487—L.R.—H.G.P., Pkl.