Section 19 in The Rajasthan Colonisation (Temporary Cultivation Leases) Conditions, 1955
19. Determination of tenancy.
- In the following events:-(i)If the tenant commits any breach of or fails to perform any terms and conditions of the tenancy or suffers or permits such breach or non-performance, or(ii)if the tenant is declared insolvent, or(iii)if the tenant is from the commencement, or becomes during the continuance, of the tenancy a Benamidar, holding the lease wholly or partly on behalf of, or paying the profits wholly or partly to, an undisclosed beneficiary, or(iv)if the tenant makes a default in the timely payment of any sum of money due to Government in connection with the land included in the tenancy or any other land belonging to the defaulter,(v)if the tenant wilfully causes a breach of the canal or distributory or commits a gross and repeated encroachment or trespass on any of the areas reserved for village forest, Charagah or un-allotted village site and on any public roads or thorough-fare.The Collector may at any time terminate the lease and thereafter re-enter upon the land, in which case the tenant shall nonetheless make all the payments which would be otherwise [due from him for the period of his tenancy] but shall be entitled to a deduction or refund thereof out of any sum which the Government may receive from any other tenant in respect of the land for any portion of that period, but shall not be entitled to any excess:Provided that such termination of the tenancy shall not prejudice any right of action or remedy of the Government in respect of any antecedent breach of these conditions by the tenant:Provided further that where any breach of condition is of a nature of an omission to do or perform any act and any such act can be done or performed through departmental agency, the Collector may, at his discretion, and without prejudice to any other rights conferred on the Government or any other action taken against the defaulter under the Act or this statement, order that the said act be got done or performed departmentally and recover the cost incurred thereon from the tenant as arrear of land revenue.
