coliii 



tion, tliere being uo presumption in their case according to the 

 common law in regard to acquisition of permanent occupancy rights, 

 except by grant or prescription. What the proposed law has to do is 

 to define the relations of ryots proper to the melvaramdar immediately 

 above them- The provisions to be made in their case are these : — 



I. As regards fixity of tenure, (i) All lands to be presumed to be 

 ryoti unless the contrary is shown; (ii) continuous possession as tenant 

 of land, for 12 years, originally private, to convert it to ryoti land ; 

 (iii) all occupants of ryoti land to be considered to have permanent 

 occupancy right in it ; (iv) no occupant of ryoti land to be evicted 

 except by a decree of court; (v) waste lands to be granted by the 

 melvaramdar to the resident ryots in the first instance and failing them 

 to strangers, on ryoti tenure on terms applicable to lands of similar 

 description and quality in the village ; (vij ryots and melvaramdars to 

 be entitled to apply to the Collector for a measurement of the holdings 

 and determination of the classification of lands as ryoti or private ; 

 (vii) the melvaramdar to be entitled to apply to the court for permis- 

 sion to enclose waste land and add it to private land for the purpose 

 of forming plantations, or growing jungles, and the application to be 

 granted after giving notice to the ryots and hearing their objections 

 in the manner provided in the Forest Conservancy Act, and making 

 sufficient allowance for bond fide increase of cultivation and pasturage 

 requirements of the ryots ; (viii) Government to have power to order 

 the survey of any estate whenever this may be deemed necessary 

 in the interests of public peace, to determine once for all what lands 

 are 7'yoti and what jjrivate ; the cost to bo charged to the melvaramdar 

 and the ryots in defined proportions determined by the Collector with 

 reference to the relative values of the interests of the melvaramdar 

 and the ryots in the lands, and payable in instalments not exceeding 

 10 per cent, -of the rent payable to the Zemindar ; (ix) in private 

 lands, the melvaramdar^s rights to be governed by the ordinary laws 

 of property and contract. 



II. As regards enhancement of rents and right to make improve- 

 tnents. (i) Occflpants of ryoti land not to be compelled to pay more 

 than the customary rate of rent whether in money, grain or share of 

 the crop, and not more than a " fair and equitable " rent in any case, 

 i.e., a rent which leaves to the ryot enough to reimburse him for the 

 cost of labour and cultivation together with a fair farming profit ; (ii) 

 the rent paid during the last 3 years to be considered ^' fair and 

 equitable " unless the contrary be shown ; (iii) the occupant of ryoti 

 land to be at liberty to adopt any mode of cultivation he thinks fit, 

 provided he pays a rent determined with reference to the standard 

 rrop of the village ; (iv) he is to have the prior right to make perma- 

 nent improvement to the land, and failing him, the melvaramdar is to 

 have the right ; (v) where the value of a ryoti holding becomes enhanced 

 by the ryot's improvement he is to have the whole benefit of it ; (vi) 

 where the value becomes enhanced by the melvaramdar's improvement^ 

 the melvaramdar is to have the whole benefit, due allowance being made 

 for any increase of 'cost of cultivation and for fair profit on such cost ; 

 (vii) where the increased value of the holding is due to water supplied 

 by Glovernment and the charge for water is directly paid by the ryot, 

 the latter is to have the whole benefit ; and if the Zemindar under- 



