Agricultural Small Holdings Act

7/28/2019 Agricultural Small Holdings Act

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AGRICULTURAL SMALL HOLDINGS I

THE AGRICULTURAL SMALL HOLDINGS ACTARRANGEMENT OF SECTIONS

1. Short title.2. Interpretation.

Conrracf of Tenancy3. Form of contract.4. Contracts of tenancy to be Hed.5 . Stamp duty on contract of tenancy.6. Copy of contract to be furnished tenant.7. Restriction on crop-sharing tenancies, etc.8. Special provisions relating to economic trees and prescribed9. Controlled areas.

five years.

treeS.

10. Prohibition of contracts of tenancy for less than tw o years or11. Certain terms to be invalid.12. Reaping and marketing of crops of tenant by landlord.13. Contracts in respect of mortgaged lands.14. Liability for contracts on sale or devolution of estate.15. Restriction on subletting.16. Assignment of contract17. Extension or renewal of contract.18. Continuation of tenancy in absence of notice to quit.19. Determination of tenancy.20. Notioe to quit.

Valuation Boards21. Establishment of Valuation Boards.22. Procedure and meetings of Valuation Boards.23. Appointment of officers, servants and valuers.

[The inclusion of t h i s wge 18 authorized by LN. 80119731


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2 AG RICU L T U RAL S M AL L H O L D IN G S24. Functions of Board25. Rental in excess of maximum economic rental

Compensation for Improvements und Disturbance26.27 .28.

29 .30.31.32.33 .

Compensation for improvements.Consent of landlord as to improvements in Part I of ThirdCompensation for improvements in Part 11- of Third Schedule

payable upon certificate of Agricultural Officer and notice tolandlord.

Compensation for improvements in Part III of Third Schedulepayable upon certificate of Agricultural Officer.

Compensation fo r disturbance.Forfeiture of right to compensation for disturbance.Compensation in respect of excepted holdings.Time allowed for payment of compensation.

Schedule.

Fixtures and Buildings34 . Tenant's property in fixtures and buildings

Miscellaneous35. Boundary marks.36. Fences.37. Access to small holding.38. Tenant's right to keep stock on holding.39. Restriction on cutting of trees after notice to quit.40. Inspection.41. Uncertain terms.42.43. Regulations.44. Jurisdiction of Resident Magistrates.45. Contracting out prohibited.46. Provisions of this Act to prevail.47 . Application to subsisting tenancies and special provisions.48. Power to make order exempting certain lands.49. Exclusion of ice tenancies.50. Rent restriction.

Recovery of possession of small holding.

SCHEDULESinclusion of this page i s a u h r k d by L.N. 480/19731


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AGRICULTURAL SMALL HOLDINGS 3

c a p 8.L P WA&52of 1964,15of191918th March, 1946.1 ZndSrh,

31d 1995s. 4.1. This Act may be cited as the Agricultural Small Shor t t i t le .

3 f 1%.THE AGRICULTURAL SMALL HOLDINGS ACT

Holdings Act.2. In this Act- Interprcta-tion.Agricultural Officer means any Agricultural Officerappointed for the purposes of this Act by the Ministerby notice published in the Gazette;

attested means attested before and explained to theparties by a Justice, Minister of Religion, HeadTeacher of a primary school, Sub-Officer of Police,orany person duly authorized in writing in that behalfby the Commissioner of Lands;

contract of tenancy means any contract, express orimplied, creating a tenancy or a licence to cultivate inrespect of any small holding other than an exceptedholding;

ControIled area means any locality declared by theMinister under section 9 to be a controlled area;economic tree means any tree of a class specified by theMinister to be economic trees for the purpose of t h i sAct;

establishment tenancy means a tenancy at a nominalrentd under which the tenant undertakes to establishthe land the subject of the tenancy or some specifiedportion thereof in some prescribed trees, plant, shrubsor grass of economic value and at the termination ofthe tenancy to leave it so established;excepted holding does not include any land held underan establishment tenancy, but save as aforesaid, means

p l ~ ~ncldon olthispage iss u b r i d by LN. 5 / 1997

52/1964s. 3.

R I G 2


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4 AG RI CU L T U RAL S MA L L HOLDINGSany parcel of land intended for cultivation or pastur.age, with or without buildings thereon, consisting ofnot less than one acre nor more than ten acres held byany tenant rent-free or at an annual rental of less thantw o per centum of the uniniproved m arket value thereofor cultivated by any tenant under a licence the annualconsideration in respect of which is less than two percenrum of such unimproved market value so, however,that any parcel of land which immediately before the1st da y of June, 1949, was an excepted holding for thepurposes of this Act shall be deemed to continue to bean excepted holding for such purposes during thecontinued subsistence of any contract of tenancy jnrelation thereto which subsisted on such 1st day ofJune, 1949, and during any extension or renewal ofsuch contract;practice of good husbandry in relation to any smallholding, means the practice of methods which do no taffect adversely neighbouring holdings or the capitalvalue of the small holding, and which are generallyrecognized as applying to holdings of the samecharacter and in the same neighbourhood as the smallholding; and in assessing whether or not good hus-bandry has been practised consideration shall be givent- (a) he extent to which accepted measures andmethods fo r the conservation of soil are adopted;and

(b ) the standard of maintenanoe of-(i) drains, embankm ents an d ditches;(ii) measures introduced for the conservationof soil;(ii) gates, fences, walls an d hedges;(iv) farm buildings, water tanks, ponds andcatchments;(v) the fertility of the sod;

W ndudon of 6is psgs h amhonml by LS. 9 5 / 1 m


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A G R IC U L T U R A L S MA L L HO LD IN GS 5prescribed tree means any tree belonging to a class oftrees prescribed by the Minister;Regional Committee means any Regional Committeeconstituted in accordance with regulations made underthis Act;rice tenancy means any tenancy in relation to a smallholding upon which it is contemplated at the time thatthe contrac t is entered into th at th e tenant w ill cultivateswam p rice;small holding means any parcel of land intended forcultivation or pasturage, with or without buildingsthereon, consisting of not less than one acre nor morethan ten acres held under a contract of tenancy so,however, that any parcel of land which immediately

before the 1st day of June, 1949, was a small holdingfor the purposes of this Act shall be deemed to con-tinue to be a small holding for such purposes duringthe continued subsistence of any contract of tenancyin relation thereto which subsisted on such 1st day ofJune, 1949, and during the continuance of any extensionor renewal of such contract of tenancy;unimproved market value means in relation to anycontract of tenancy the price which a w illing purchaserwould pay to a willing vendor for the land the subjectof the contract of tenancy, less any sum by which thevalue of the land may have been increased by reasonof any improvement made thereon by the tenant;Valuation Board means a Valuation Board constitutedin accordance with the provisions of section 21.

Contract of Tenancy3,-(1) A contra ct of tenancy shall be in writing in Formof

duplicate and shall be signed by the parties thereto and cont rac t .attested.me inclusion of this page is author ized by LN. 80/1973]

W


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6 AGRICULTURAL SMALL HOLDINGS(2 ) Th e form of contract of tenancy prescribed in theFirst Schedule may be used with such variations as circum-stances may require.

FirstSchedule.

Contractst obe f i l e d .

4 4 1 ) Forthwith upon the execution of any contractof tenancy under this Act every landlord shall deliver asigned copy of such contract to the tenant.(2 ) Every landlord shall keep a file containing allcon tracts of tenancy entered into by him.

(3) Every landlord shall permit any file kept by himunder subsection (2) to be inspected at all reasonable timesby any person authorized in writing for that purpose by theMinister.(4) Every landlord who contravenes or fails to

comply with any of the provisions of this section shall beguilty of a n o ffenc e an d shall be liable upon summaryconviction before a Resident Magistrate to a fine not exceed-ing in the case of a first offence four dollars and in thecase of a second or subsequent off ence ten dollars an d inany case to a further fine not exceeding two dollars foreach month during which such contravention continuesafter conviction thereof.

of tenancy

Stampdutyon contractof tenancy.L.N.3821 1970.5.--(1) No twithstanding anything to the contra ry con-tained in the Stam p Duty Act, the st am p 'd u ty payableupon a contract of tenancy shall be the sum of two centswhen the rent reserved does not exceed two dollars perannum and five cents when the rent reserved exceeds twodollars per annum .

(2) The duties referred to in subsection (1) may bedenoted by one or more adhesive stamps which are to becancelled by the landlord by whom the contra ct of tenancyis executed.(3) The sta m p duty shall be borne by the landlord.

me inclusion of thia page is authorized by LN. 80/1973]


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AG RI CU L T U RAL S MA L L HOLDlNGS 76. Every landlord shall on being required so to do by copyorwntract toany tenant and being paid the sum of ten cents furnish b e f u r .to such tenant a copy of the contract of tenancy to which he E,$;:,is a party.7.41) Subject to the provisions of subsection (2) and Rpstrictionon crop-of section 8 the consideration for a contract of tenancy sharingshall not be or include a part of the crop derived from the z Fsmall holding or a part of the proceeds of sale of such croprendered to the landlord, or any equivalent of rent givenin kind or in labour to the landlord in return for the useand occupation of the holding :Provided that nothing in this section contained shall bedeemed to apply to any establishment tenancy .

(2) The provisions of subsection ( I ) shall not applyto any contract of tenancy which a t its inception is intendedto subsist for any period not less than the prescribed periodwhereby provision is made for the landlord to receive inaccordance with such conditions as may be prescribed notmore tha n the prescribed percentage of any prescribed c ro pgrown upo n the land to which such contract relates.8.-(1) Every landlord may at the time when he enters 2;$$n8into a contract of tenancy by the inclusion in such contract re1ating.meconomicof an express term to that effect reserve to himself the tre58 an dprescribedexclusive right- trees.(i) to fell or cut timber from any economic tree;

(ii) to re ap the produce of any prescribed tre e growingupon such holding;(iii) in the case of rice tenancies, in any are a prescribedby the Minister or forming any part of any pro-perty so prescribed to graze cattle upon the hold-ing for the period between the reaping of one cropof rice and the prepara tion of the land fo r plantingthe next crop.me inclusion of this page is authorized by L.N. 480119731


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8 AGRICULTURAL SMALL HOLDINGS(2) Where the landlord reserves for himself any ofthe exclusive rights referred to in subsection (1) it shall belawful for him to enter by himself or his servants or age ntsupon the small holding in respect of which the right isreserved at all reasonable times between the hours of sunriseand sunset for the purpose of exercising the right so reserved.(3) Where any damage is occasioned in the courseof the exercise of any of the rights referred t o in subsection( 1 ) or in subsection (2) to any crop growing up on the smallholding or to any stock owned by the tenant upon the smallholding or to any buildings or fixtures belonging to thetenant situated upo n th e small holding the landlord shall beliable to pay to the tenant by way of compensation forsuch damage the full value of the loss occasioned to the

tenant by such damage.(4) Every tenant shall be liable to pay to the land lordcompensation to the full amount of any damage occasionedby him or his servants or agents wilfully or negligently toany economic tree or to any prescribed tree growing upon asmall holding of which he is a tenant.(5 ) The provisions of this section shall apply to anycontract of tenancy entered into before the commencementof this Act under which there was reserved to the landlordany of the rights referred to in subsection (1) as they applyto any contract of tenancy entered into after the commence-ment of this Act.

Controlled 9. W here the M inister is satisfied that the ren tals of smallholdings in any locality are unreasonably high and thatsuch a course is expedient in the pub lic interest, h e may byord er declare such locality t o be a controlled area.

areas.

LIh~bc inclusion of this page is authorized by L.N. 480(19731


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AGRICULTURAL SMALL HOLDINGS 910.-(1) It shall not be lawful for any person to enter into Prohibitionof contracea contract of tenancy, other than a crop-sharing tenancy, oftenancyfor less thanfor a term of less than- twn yearsorfin(a) two years where the landlord is a com pany holdinga mining lease for bauxite in respect of the land;

(b) five years where the landlord is not a companyreferred to in paragraph (a).(2 ) It shall not be lawful for any person to enterinto a crop-sharing tenancy in relation to any crop otherthan a prescribed crop or for any term less than theprescribed term.( 3 ) Any person who enters into a contract of tenancyin contravention of the provisions of subsection (1) or ofsubsection (2) shall be guilty of an offence against this Act

and shall be liable on summ ary conviction before a ResidentMagistrate to a fine not exceeding twenty dollars.11.-(1) Any term or con dition of any cont rac t of tenancy certainwhether entered into b efore or after th e commenoement of beinvalld.this Act whereby either-

(a) the exercise by the tenant of any right to distrainupon or to claim or recover damages or compensa-tion in respect of any damage occasioned by anyanimal trespassing upon his small holding is inany w ay restricted; o r( b ) any right is conferred upon the landlord of anysmall holding to determine the tenancy of suchholding either with or without notice if the tenantof such holding exercises or attempts to exerciseany of the rights referred to in pa ragrap h (a),

:'i96

terms to

shall be deemed t o be void an d of no effect.(2) Any term or condition of any contract of tenancy

whereby rent is expressed to be payable more than half-yearly in advance shall take effect as if such rent wereexpressed to be payable half-yearly in advance.inclusion of this pagc is authorized by LN. 8Ol19731


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10 A G R I C U L T U R A L S M A L L HOLDINGSReapingand mar-ket i ng ofcrops oftenant bylandlord.

1 2 - 4 1 ) N o con tract of tenancy shall contain any term orcondition whereby the landlord is entitled to reap or marketany crop on behalf of the tenant.(2) Nothing in subsection (1) shall be deemed toprevent the landlord an d tenant of any small holding from

entering into a separate agreement for the reaping ormarketing of any crop by the landlord on account of thetenant.(3) Where a separate agreement is made for thereaping or marketing of any crop of a small holding by thelandlord on account of the tenant, the following provisionsshall apply-

(a ) no charge shall be made for supervision,administration or other services by or on behalf ofthe landlord in excess of two and one-half percenrum of the proceeds of the sale from whichsuch charge m ay be deducted;

(b ) actual expenses reasonably incurred by the land-lord in respect of the reaping or marketing of thecro p sold may b e deducted from the amount founddu e after deducting the charge aforesaid;(c) subject to the provisions of paragraphs (a)and ( b ) ,the amount to be paid by the landlord under any

such arrangement shall not be less than can besecured in the open market for produce of thesame kind an d quality at the da te of delivery;(d) he landlord shall deliver a copy of such agree-ment to the tenant and shall on being required soto do at any time by the tenant and on being paidthe sum of ten cents deliver to the tenant afurther copy of such agreement;(e) the landlord shall annex a copy of such agreement

to the con tract of tenancy in relation t o the holdingin respect of which such agreement is entered intome inclusion of i!nis page is aulhorized by L.N. 4801197131


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AGRICULTURAL SMALL.HOLDINGS 11and shall keep such copy in the file required to bekept under section 4.

(4) Any landlord who fails to comply with theprovisions of paragraph (4 r paragraph (e) of subsection(3) shall be liable on summary conviction before a ResidentMagistrate to a fine not exceeding, in the case of a firstoffence one hundred dcllars, in the case of a second or sub- zi4,1935sequent offence two hundred dollars, and in any case of afurther fine not exceeding two hundred dollars for each 31/1wsmonth during which such failure continues after conviction s.4.thereof.

13. Where any small holding is subject to any contractFzsof tenancy under this Act then, notwithstanding anything ofmort-to the contrary, any mortgage over such small holding or E:,over any land of which such small holding forms part,whether created by the landlord or the tenant or any personclaiming through either of them or before or after the com-mencement of this Act or before or after the creation of thetenancy, shall be subject to the contract of tenancy.14. On the alienation or devolution of ownership of a Linb i l i tysmall holding, the incoming owner of the holding shall have tractsonand be subject to the same rights and liabilities under any $,9dom

contract of tenancy subsisting at the time of alienation or of am^devolution, as his predecessor in title had and was subjectto.

for con-

15 .41 ) A tenant of a small holding shall not sublet the Re~trictio~on sub-holding without the consent of the landlord previously wing.obtained in writing.by the landlord.

holding shall if required so to do by the landord-

(2) Such consent shall not be unreasonably withheld(3)Every tenant who desires to sublet any smallp ael nasDn d MB paga is a by UN. 511997l


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12 AGRICULTURAL SMALL HOLDINGS(a) disclose to the landlord the terms upon which heproposes to sublet the holding; an d(b) render it a term of any sub-tenancy of the holdingcreated by hm that the sub-tenant shall pay tothe landlord the full amount of the rent payableby the tenan t in respect of such holding.

Assignment 1 6 4 1 )A tenant, with the consent in writing of thelandlord previously obtained, may assign his interest in acontract of tenancy at any time to any person.(2) Such consent shall no t be unreasonably w ithheldby the landlord.(3) Upon such assignment the assignee shall have

the same rights and be subject to the same liabilities underthe contract as his assignor ha d a nd was subject to.(4 ) A note of every such assignment shall beendorsed on the contract of tenancy kept by the landlordunder section 4.

of contract.

Extension 17.-(1) A contract of tenancy may be extended orofmntract renewed from time t o time.

(2) Except in the case of an establishment tenancy,any tenant of a small holding who fo r five consecutive yearsha s cultivated th e holding according t o the p ractice of goodhusbandry and h as committed no breach of the contract oftenancy shall, unless he has been served with the requisitenotice to quit, be entitled to a renewal of the contract for afurthe r period of five years, and similarly at the expirationof tha t o r any subsequent renewal of the contract.

(3) Where any tenancy is extended or renewedunder subsection (l), the rent payable in respect of theperiod for which the tenancy is SO extended or renewedshall be determined by agreement htween the parties or,in the case of a controlled tenancy, in the even t of the parties

orrenewal

~inclusiandlthispgcis~,uahoriacdbyL.N.95/19911


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AGRICULTURAL SMALL HOLDINGS 13failing to agree, by the Valuation Board, so, however, thatin determining the rental paid in respect of the period ofany extension or renewal of the tenancy regard shall notbe had to any improvement made by the tenant.

lS.-(l) Subject to the provisions of this section, the Continua-tenancy of a small holding shall not terminate on the lenancyinexpiration of the period fixed by the contract of tenancy izz&O(a) the tenant has given six months notice in writing S. S.to terminate such tenancy at the expiration of suchperiod; or

tion of

unless- % i h 4

(b ) the landlord has given-(i) two years notice in writing to terminatesuch tenancy at the expiration of suchperiod, where the landlord is a companywhich holds a mining lease for bauxite inrespect of the land and requires the landfor mining purposes; or

(ii) five years notice in writing to terminatesuch tenancy at the expiration of suchperiod, where the landlord is not a com-pany referred to in sub-paragraph (i).(2) In the case of a tenancy not terminated in themanner provided by subsection (1 ) on the expiration of theperiod fixed by the contract of tenancy, the tenancy shallcontinue on its existing terms, in so far as the same areapplicable, until it is terminated-

(a ) by six months notice given by the tenant in writingto expire at the end of any half year of thetenancy; or(b ) by the landlord-

(i) by two years notice in writing to expire atthe end of any half year of the tenancy,where the landlord is a company whichme inclusion of this pg e is authonisd by L.N. 480/1973]


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14 AGRICULTURAL SMALL HOLDINGSholds a mining lease for bauxite in respectof the land and requires the land for miningpurposes; or

(ii) by five years' notice in writing to expire atthe end of any half year of the tenancy,where the landlord i s not a companyreferred to in sub-paragraph (9.

(3) Every notice given by any landlord under sub-section (1) or (2) of this section shall specify the reasonsfor the termination of the tenancy to which such noticarelates.

(4) Subject to the provisions of subsections ( 5 ) and(6 ) , this section shall apply to any tenancy of a smallholding, other than an establishment tenancy, which hasnot been terminated prior to the date of the commencementof the Agricultural Small Holdings (Amendment) Act, L964,*(hereinafter referred to as the amending Act) or whichcommences on or after that date, and such applicationshall not be affected by any notice given by a landlordor counter notice given by a tenant in accordance withsection 18 of this Act prior to its repeal and replacementby the amending Act.

15) Nothing contained in this section shall prejudicethe effect of any notice, other than a counter notice, givenby a tenant in accordance with section 18 of this Act priorto its repeal and replacement by the amending Act.

(6) Where the landlord of a small holding is a com-pany which-(a) was the landlord in respect of the tenancy of theholding, and was the holder of a mining lease for

bauxite in respect of the land, prior to the com-mencement of the amending Act; and*21st November. 1964.

mc inclusion of this pegs is authorized by LN. 480/19131


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AGRICULTURAL SMALL HOLDINGS 15(b ) requires the land for mining purposes pursuant tothe lease mentioned in paragraph (a ) of this sub-section,

the company may terminate the tenancy of the small hold-ing as if section 18 of this Act had not been repealed orreplaced by the amending Act.

(7) In this section-(a ) any reference to the period fixed by a contract oftenancy includes a reference to any extension orrenewal thereof under section 17; and(b ) existing terms means-

(i) in relation to a tenancy which would haveexpired but for section 18 of this Act priorto its repeal and replacement by the amend-ing Act, the terms upon which the tenancysubsisted immediately before the date ofcommencement of the amending Act;*

(ii) in relation to any other tenancy, the termsupon which the tenancy subsisted at thetime when it would have expired but forthii section.19. A tenancy may, notwithstanding anything provided Dctcnnina-in section 18 or any period of tenancy stipulated in thecontract of tenancy, be determined- 5211964S. 6 (a).

(U ) by the landlord ,without notice-(i) where the tenant sublets or assigns the smallholding without the consent of the landlordpreviously obtained in writing;(ii) where the tenant deserts the small holdingand leaves it uncultivated and unoccupiedfor a period of not less than twelve monthsand owes rent in respect of twelve months ormore;

*Zlst November. 1964.W e nclusion of this pge Q authorized by L . N . 480119731


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16 AGRICULTURAL SMAL L HOLDINGS

52/1%4S.6 (b).

(3 here the tenant commits a breach of anyterm or condition of the tenancy which is notcapable of being remedied or which can onlybe remedied at a cost in excess of a sumequivalent to two years rental of the holdingor of ten dollars per acre or part thereof ofthe holding whichever shall be the greater;

(b ) by the landlord by three months notice to quit--(i) where the tenant commits a breach, which isnot capable of being remedied, of any termor condition of the tenancy and the interestsof the landlord are materiaily prejudicedthereby;(ii) upon certificate by any officer designated for

the purpose by the Minister for the areawithin which the small holding is situated thatthe tenant is not cultivating or operating theholding according to the practices of goodhusbandry and that the interests of the land-lord are materially prejudiced thereby:Provided that if within the period of noticethe tenant remedies his default and furnishesto the landlord a certificate from such officer

to that effect the notice to quit shall be deemedto be cancelled and of no force or effect;(iii) if any part of the rent in respect of the smallholding is in arrear for a period of threemonths or more or if any of the terms orconditions of the tenancy are not performedor observed by the tenant :Provided that if the tenant pays the rent inarrear or, in the case of any breach or non-

observance of any of the terms of the tenancy,the tenant makes good such breach or non-observance, within one calendar month of theme inclusion of this page is authorized by L.N. 80/19731


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AGRICULTURAL SMALL HOLDINGS 17service of the notice to quit the notice to quitshall be deemed to be cancelled and of noforce or effect;

(c ) by the tenant without notice where the landlordcommits a breach of any term or condition of the 'SfQ:?tenancy, or permits any taxes or rates (for thepayment of which the landlord is as between thelandlord and the tenant liable) to fall into arrearsor is guilty of any unreasonable conduct whichcauses the tenant to quit the holding.

20.-(1) Every notice to quit a small holding shall be in Noticeto qu1t.writing and shall be signed by the landlord or tenant, asthe case may be, or his agent or solicitor. It shall describeclearly the holding which is sought to be recovered orintended to be quitted, the grounds upon which the tenancyis to be determined, and the proper day on which possessionis to be delivered up, and shall not be ambiguous or optional.

( 2 ) The forms of notice to quit prescribed in theSecond Schedule, with such variations as circumstances Secondmay require, may be used. SFhodUlc.(3) Service of a notice to quit may be effected eitherpersonally on the person to be served or by leaving thenotice with some adult person at his last or most usualplace of abode, or if the person to be served cannot be foundand the place of his abode either is not knowil or admissionthereto cannot be obtained, then by posting the notice onsome conspicuous place on the small holding.

under paragraph (b )of section 19 should expire at the end s.7.of the current term or half year of the tenancy. Such noticemay be given at any time.(4) It shall not be necessary that a notice to quit 52/1964

m e nclusion of this page ia authorized by L.N. 80/19731


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18 AG RI CU L T U RAL S MA L L HOLDINGSValuation Boards

2 1 4 1 ) The Minister may establish, for the purposes ofthis Act, so many Valuation Boards as he shall think fitand shall specify in relation to each Board the area inregard to which it may exercise. the powers conferred andperform the duties imposed by this Act.(2) Each Board shall consist of a Chairman, whoshall be a Resident Magistrate or some other personqualified to be a Resident Magistrate, and not less thantwo nor more than four other members, to be appointedby the Minister.

(3) Th e members of each Board shall, subject to theprovisions of subsection (3, old office for such period, notexceeding two years, as the Minister may determine, butshall be eligible for reappointment.(4) The Minister may appoint any person to act inthe place of the Chairm an or an y other member of a Boardin case of the absence or inability to act of the Chairmanor other member.

(5) Any member of a Board other than a Govern-ment officer may at any time resign his office by instrumentin writing addressed to the Chairman thereof who shallforthwith cause. it to be forwarded to the Minister, andfrom the date of the receipt by the Chairman of suchinstrument such member shall cease to be a member ofthe Board.(6 ) The establishment of any Valuation Board andthe appointment, removal, death, departure from theIsland or resignation of any member of a Board shall benotified in the Gaze t te .

Establish-Valuatronm a t ofBoards.

ProctdurcBoards, expedient.

22.-(1) Each Valuation Board sh& meet so often, atsuch time and at such place as to the Board may seemnd meet-Valuation

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A GR lC ULTUR A L SMALL HOLDINGS 19(2) Three members of a Board, including theChairman or acting Chairman , shall form a quorum.(3) A Board shall be deemed t o b e fully constitutedfor the purposes of this Act notwithstanding any vacancy

or vacancies among the members.(4) All matters and questions shall be decided by amajority of votes. The Chairman shall have an originalvote and a casting vote if the votes be equally divided.(5) Each Board shall have all the powers of theSupreme Court to summon witnesses, to administer oaths,to compel witnesses to give evidence and to compel theproduction of documents, so as to elicit all such informa-

tion as the Board may consider necessary, without beingbound by the rules of evidence in civil or criminal proceed-ings :Provided that if any witness objects to answer anyquestion or to produce any document on the groundthat it will tend to incriminate him, or on any other lawfulground, he shall not be required to answer such question orto produce such document, nor shall he be liable to anypenalties for refusing to d o so.

( 6 ) Every summons issued under subsection (5 ) shallbe signed by the Chairman of the Board issuing it and shallstate the time when and the place where the personsummoned is required to attend and the particular docu-ments which he is required to produce, and the summonsshall be served on the person mentioned therein bydelivering to him a copy thereof or by leaving a copythereof at his usual or last known place of abode in Jamaicawith som e adult person.(7) Every person who without lawful excuse failsor neglects to attend any meeting of a Board in obedienceto any summons or fails to answer any question pu t to him

IThe inclusion of this page ia aulhorized by LN. 80/19731


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20 AGRICULTURAL SMALL HOLDINGSby the Board or any member thereof or to produceany document, production of which is required by theBoard, or to supply any information required by the Board,shall on summary conviction thereof before a ResidentMagistrate, be liable to a fine not exceeding ten dollars.

(8) Any person who intentionally gives a falseanswer to any question material to the subject of enquirywhich may be put to him during the course of any proceed-ings before a Boa rd shall be guilty of a n offence-( U ) if such answer was given on oath, against section5 of the Perjury Act; or( b ) if such answer was given otherwise than on oath,against section 8 of the Perjury Act,

and shall be liable on conviction to the penalties prescribedby the appropriate section for that offence.(9) A record shall be kept by the Chairman of eachBoard of all proceedings brought before the Board and ofthe evidence taken and of the decision arrived at by theBoard and of the names of the members taking part in theproceedings.(10) Subject to the provisions of this section, eachBoard shall have power to regulate its own proceedings.

Appoint-ment ofofficers, ser-vants an dvaluers.

23-(1) A Valuation Board may, with the approval ofthe Minister, appoint or employ, at such remuneration andon such terms and conditions as the Minister may eithergenerally or specially determine, such officers and servantsand such persons to act as valuers as may be deemednecessary for the proper carrying out of the provisions ofthis Act, and may pay to the members of the Board suchallowances and expenses as the Minister may generally orspecially approve.(2) Th e Bo ard may require any person so appointedor employed to give such security as the Board may deemproper for the due performance of his duties.me inclusion of this pagc is authorized by LN. 80/19731


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A GR IC ULTUR A L S M A L L HOLDINGS 2124.-(1) Every Board shall have in relation to the area Functionsof Board.in respect of which it is appointed the following powersand duties-

(U) on the application of any tenant or prospectivetenant of a small holding situated in any controlledarea, to fix the maximum economic rent for suchsmall holding;( b ) if the landlord and the tenant of any holding areunable to agree as to either-

(i) whether the holding is an excepted holdingwithin the meaning of section 2; or(ii) as to the am ou nt of compensation to be paidunder section 26,on the application of either of them, to determine the

mark et value of the holding or the amo unt of compensationto be paid, as the case may be .(2) In fixing the maximum economic rent of anyholding in any controlled area the Board shall haveregard-

(U ) to the unimproved market value of the holding atthe time when t he rental is fixed; an d(b ) to the gross annual value which a tenant mightreasonably be expected to derive from theoccupancy of the small holding,but shall not have regard to the rental previously receivedby the landlord for the holding or to the stand ard of rentalsprevailing in the controlled area.

25.-(1) Any landlord who knowingly receives any rent ~ c n t a i incacEcMofin excess of the maximum rent fixed by the Valuation Boardunder paragraph (U)of subsection (1 ) of section 24 shall,on summary conviction before a Resident Magistrate, beliable to a fine not exceeding one hundred dollars or toimprisonment for a period not exceeding six months, orto both such imprisonment and such fine.- me inclusion of this page is authorized by L.N. 80119731

Y


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22 AGRICULTURAL SMAL L HOLDINGS(2) The Court before which any landlord is con-victed of an offence against subsection (1) may, withoutprejudice to any other right which the tenant may haveto recover the rent overpaid, order the landlord to repaythe same.

Com pensation f o r Improvemenrs and Disturbance26.-(1) Where a tenant of a small holding has madethereon any improvement comprised in the Third Schedulehe shall, subject as in this Act mentioned, and, in a casewhere the con tract of tenancy was made afte r the cominginto operation of this Act, then whether the improvementwas or was not an improvement which he was required tomake by the terms of his tenancy, be entitled, at the termi-nation of the tenancy, to obtain fro m the landlord as com-pensation for the improvement such sum as fairly representsthe value of the improvement to an incoming tenant :Provided that this section shall not apply so as to makecornpensation payable to any tenant under a n establishmenttenancy in respect of any improvements which he wasrequired t o make by the terms of such tenancy.

(2) In ascertaining the amount of the compensationpayable to a tenant under this section any sum due to thelandlord i n respect of-

Compensa->niprove-

Schedule.

tion forments.Third

(a ) rent;(b ) any breach of the terms and conditions o f thetenancy;( c ) wilful or negligent damage committed or per-mitted by the tenant;(d) the value of any benefit which the landlord hasgiven or allowed the tenant in consideration of thetenant executing the improvement; and( e ) any unpaid advances made to the tenant by thelandlord,

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A G R IC U L T U R A L S MA LL HOLDINGSshall be taken into account in reduction of the amount ofcompensation, and any sum due to the tenant in respect ofan y breach of contract or otherwise in respect of the holdingshall be added to the am ount of compensation.

1 3

27. Compensation under this Act shall not be payable Consentoflandlord asin respect of any improvement comprised in Part I of the t o improve.Third Schedule unless the landlord of the small holding has, ?:At;$previously to the execution of the improvement, consented l::iule,in writing to the m aking of the improvement.

28. Compensation under this Act shall not be payable- Compensa-(a) in respect of items (101, (ll), (12), (13) and (14) ~",",of Par t I1 of the Third Schedule unless the tenant &;?;'ofof the small holding has, previously to the execu- Scheduletion of the improvement, obtained a certificate uponccr t i -from the Agricultural Officer of the district in 2;::;which the holding is situated recommending that ; an d

!ion fo r

payable

such improvement be effected; notice tolandlord.(b ) in respect of any improvement comprised in Par t11 of the Third Schedule unless the tenant of theholding has, not more than three nor less thantwo months before beginning to execute theimprovement, given to the landlord notice inwriting of his intention so t o d o an d of themanner in which he proposes to do the intendedwork.29.-(1) Compensation under this Act shall not be pay- commnsa-tion forable in respect of items (15) and (16) f Par t III of the Thiid improve.Schedule unless the tenant of the small holding has,previously to the execution of the improvement, obtained g!&a certiticate from the Agricultural Officer of the district in payable

which the holding is situated recommending that such t i ca t eo fupon erti-Agricul-Officer.improvement be effected. turalme nclusion of tbii page is authorized by L.N. 80119731


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24 AGRICULTURAL S M A L L HOLDLVGS(2) Where any agreement in writing entered intobefore the coming into operation of this Act secures to th etenant of a small holding for any improvement comprisedin Par t I11 of the Third Schedule fair and reasonable com-pensation, having regard to the circumstances existing atthe time of making the agreement, the compensation so

secured shall, as respects that improvement, be substitutedfor compensation under this Act.C o m p n s a - 30.-(1) In addition to compensation for improvements,disturbance the ten ant of a small holding shall be entitled to receivecompensation for disturbance, equivalent t o two years rentof the holding, where the landlord-

( U ) without good and sufficient cause and for reasonsinconsistent with good estate management ter-minates the tenancy by notice to quit; o r(6) commits some breach of his covenant for quietenjoyment whereby the tenant is forced to quit theland.

(2) In the case of a tenant who has for five or moreconsecutive years remained o n and cultivated a small hold-ing according to the p ractice of good husbandry and has notcommitted any breach of th e contract of tenancy, the com-pensation for disturbance payable under this section shallbe the equivalent of three years rent of the small holding.31. Th e right to compensation for disturbance shall beforfeited where the tenancy is duly determined for any ofthe causes mentioned in paragraph (U)or paragraph ( b ) of

tion for

ForfeiturecompcnJa.tionfor52/1%4 section 19.compensa- 32. Where notice to terminate the tenancy of an yexcepted holding is given by the landlord and there is a t theion inrespectofexmpkd date of the expiration of the notice any growing crop onholdmga.

the holding planted by the tenant or taken over by himbefore the notice to terminate such tenancy was given, the

of right todisturbance.s.8.

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AGRICULTURAL S M A L L HOLDINGStenant shall be allowed to have free access to the holdingfor the purpose of reaping and to reap such crops at anytime within six months of the termination of his tenancy,or, in lieu thereof, the landlord may elect to pay, and, uponsuch election, shall pay to the tenant the value of thegrowing crop a t the date of the expiration of the notice.

25

33. Except as otherwise provided in section 32, compen- T lmcallowed fo rsation payable under this Act shall be paid by the landlord paymentofto the tenant within thirty days of the determination of the F;;Pcnsa-tenancy.Fixtures and Buildings

34.41) Subject to the provisions of subsection (2) any ~ ~engine, machinery, fencing or other fixture affixed to a ~ ~small holding by a tenant, and any building erected by him buildingsthereon for which he is not under this Act or otherwiseentitled to compensation, and which is not so affixed orerected in pursuance of some obligation in that behalf orinstead of some fixture or building belonging to the land-lord, shall be the property of and be removable by thetenan t w ithin sixty days of the determination of the tenancy:Provided that-

(i) before the removal of any fixture or building thetenant shall pay all rent owing by him, and shallperform or satisfy all other his obligations to thelandlord in respect of the holding;(ii) in the removal of any fixture or building the tenantshall not do any avoidable damage to any otherbuilding or other part of the holding;(iii) immediately after the removal of any fixture orbuilding the tenant shall make good all damageoccasioned to any other building or other part ofthe holding by the removal;

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26 A GR I C ULTUR A L S MA LL H OLDI NGS(iv) the tenant shall not remove any fixture or buildingwithout giving ten days' previous notice in writingto the lan dlord of his intention to remove it;(v ) the tenant shall not remove any fixture or buildingexcept between the h ours of sunrise an d sunset.

(2 ) The landlord and the tenant may at any timebefore the termination of the tenancy or at any time withinsixty days thereafter enter into a written agreement for thepurchase by the landlord of all engines, machinery, fencesor other fixtures upon the small holding or of any suchengine, machinery, fencing or fixtures, at a price expressedin such agreement, and thereupon the rights of the tenantunder subsection (1) in relation to the engines, machinery,fencing or fixtures to which such agreement relates shallcease and determine.Misceliarieous

35.-(1) Before the commencement of the term of anycontract of tenancy, the boundaries of the small holdingshall be properly marke d by the landlord.(2) For the dura tion of the tenancy the tenant shallmaintain the boundary marks in proper order.(3) Any landlord or tenant who fails to comply

with the provisions of this section shall, without prejudiceto any civil liability, be liable on summ ary conviction b eforea Resident Magistrate to a fine not exceeding ten dollars.3 6 4 1 ) The landlord of any small holding shall be solelyliable for the erection of any fence required by any law forthe time being in force to be erected along any main orparochial road adjacent t o such small holding.

(2) Every landlord who keeps any stock upon anyland retained by him shall erect such fences as may benecessary to prevent such stock straying from his retainedland.

mundarymarks.

Fences.

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AGRICULTURAL SMALL HOLDINGS 25(3 ) Subject to the provisions of subsection (4) everytenant of a small holding who keeps any stock upon hissmall holding shall erect and maintain such fences as maybe necessary to prevent such stock straying from such smallholding.(4) Where each of the tenants of two adjacent smallholdings keeps stock upon his small holding the provisionsof section 6 of the Dividing Fences Act shall apply as theyapply to the owners of adjac ent holdings.(5) Every landlord may enter into contracts withany of his tenants in relation to the maintenance of anyfences required to be erected by the landlord under thisAct.( 6 ) Any contract made or purporting to be made byany landlord with any of his tenants whereby the landlordis relieved of indemnity against any liability under Part Ilof the Trespass Act, which relates to cattle trespass, shallbe void and of no effect.

37. The landlord of every small holding shall provide ~~~~~t~reasonable means of ingress and egress for the tenant and smalla led animal to an d from the holding.38.41) Notwithstanding anything to the contrary con- Tenant'stained in a contract of tenancy, the tenant of the small ~ e e e p s f o cholding shall be entitled to keep horses, mules, asses, cattle, Onsheep, pigs, goats a nd poultry o n the holding,

to any establishment tenancy.

right t o

(2) The provisions of subsection (1) shall not apply

3 9 . 4 1 ) A tenant of a small holding shall not, without Rest r i c t ionthe consent in writing of the landlord previously obtained,cut down or destroy or cause or allow to be cut down or ;&;pticedestroyed any economic tree growing o n th e holding.[The inclusion of this page is author ized by L.N. 57119801


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28 AGRICULTURAL S M A L L H O L D I N G S(2) Any tenant contravening the provisions of sub-section (1) shall, without prejudice to any civil liability, beliable on summary conviction before a Resident Magistrateto a fine not exceeding ten dollars.

~ ~ ~ ~ ~ ~ i ~ ~ .0. Th e landlord of any small holding or his agent shallhave the right of inspection of the holding a t all reasonabletimes.UncertainL c l U l S .

41. Where a contract of tenancy does not provide forany term or provides for a term less than the minimumterm permitted in relation to a contract of tenancy of thatnature under this Act the term of such tenancy shall bedeemed to be the minimum term permitted under this Actin relation to contracts of tenancy of that nature.

Recovery 01possessionof smallholding.15/1979znd Sch.

42. Iupon determination of a tenancy by notice to quitor otherwise the tenant of any small holding neglects orrefuses to quit and deliver up possession of the holding, thelandlord m ay take proceedings before a Resident Magistrateto recover possession of the same.Regula-tions.

43.-(1) T he M inister m ay m ake regulations generally forgiving effect to the purposes of this Act.(2) In particular and without prejudice to thegenerality of the foregoing provisions any such regulationsmay prescribe anything required to be prescribed underthis Act.(3) The Minister may specify any class of tree to

be economic trees for the purposes of this Act and mayprescribe any class of tree to be prescribed trees for thepurposes of this Act.mhe inclusion of thi s wage is authorized by L.N. 57/19801


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AGRICULTURAL SMALL HOLDINGS 2944. All claims to recover possession of small holdings Jurisdictionof Residentand all disputes and differences arising out of contracts of M gintrates.tenancy shall, save as otherwise provided in section 24, bewithin the jurisdiction of a Resident Magistrate and shallbe heard and determined on the civil side of the ResidentMagistrates Court, and the provisions of the Judicature(Resident Magistrates) Act shall apply, mu tatis mutandis.to all proceedings brought before a Resident Magistrate byvirtue of this Act so fa r as the same can be m ade applicablethereto and are not inconsistent with any of the provisionsof this Act.45. The provisions of this Act shall apply notwithstand- Cnntractinging anything to the contrary contained in any contract of $:&bited.tenancy, and in case any of the provisions of a contract of

tenancy are inconsistent with any of the provisions of thisAct the contract shall be read and construed so as to beconsistent with the provisions of this Act.4 6 . 4 1 ) Where there is any conflict or inconsistency Provisionsof this Actbetween the provisions of this Act and the provisions of la prevail.any other enactment the provisions of this Act shall prevail.

(2) Subject as aforesaid, the provisions of this Actshall be in addition to, and not in derogation of, any ofthe provisions of any other enactment relating to landlordsand tenants.

47.41) Subject to the provisions of this section, the Applicationto subsiat-provisions of this Act shall apply to any subsisting contract -ngtenan-of tenancy as they apply t o any contract of tenancy entered :s;dinto after the 1st da y of June, 1949.( 2 ) The provisions of section 3 and of subsection %64(I) of section 4 and of subsection (1) of section 5 shall notapply to any subsisting contract of tenancy.

pIovIsIom.33/1955

S. 9 (1) (a).

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30 A G R IC U L T U R A L S MA L L HOLDINGS5211964s.9(1)(b).

(3 ) In this section subsisting contract of tenancymeans any contract of tenancy entered into before the 1stday of June, 1949, and subsisting on such day.Power tomake orderexemptingcertainlands.

48.-(1) If it appears to the Minister that it is expedientin the public interest so to do he may by order publishedin the Gazette exempt from the provisions of this Act anyparcel of land in respect of which a scheme for the usethereof as agricultural land has been approved by theMinister.(2) The provisions of this Act shall not apply toany land so exempted.

~ ~ ~ ~ ~ s i ~ n9. The provisions of this Act, save in regard to themethods prescribed for the assessment of rental shall notapply to any rice tenancy until such date as the Ministermay by order appoint.of rice

Rent res-52/19Ms. II.

50.-(1) Notwithstanding anything contained in this Act,where the tenancy of a small holding is subsisting on the21st November, 1964, no increase shall thereafter be madein the rent of the holding during the continuance of suchtenancy or upon or during any extension or renewal thereof.(2) Any landlord who increases the rent payable inrespect of the tenancy of a small holding as aforesaid incontravention of the provisions of subsection (1) shall, onsummary conviction before a Resident Magistrate, be liableto a fine not exceeding one hundred dollars or to imprison-ment for a period not exceeding six months, or to bothsuch fine and imprisonment.(3) The Court before which any landlord is con-victed of an offence under this section may, withoutprejudice to any other right which the tenant may have torecover any rent overpaid, order the landlord to repay thesame.

wiction.

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AGRICULTURAL SMALL HOLDlNGS 31(4) This section shall continue in force for a periodof five years after the 21st November, 1964, and may becontinued in force for further periods not exceeding fiveyears at any time by resolution of the Senate and the Houseof Representatives.

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32 AGRICULTURAL SMALL HOLLUNGSFIRST SCHEDULE

Contract of Tenancy under !he Agricultural Smull Holdings Act(Section 3 (2) )

An Agreement made the day of19 .between of(hereinafter called the landlord which expression wherever the contextso allows includes his heirs, personal representatives and assigns) ofthe one part and of(hereinafter called the tenant which expression wherever the contextso allows includes his heirs, personal representatives and assigns) ofthe other part whereby the landlord agrees to let and the tenant agreesto take all that parcel of land with buildings thereon (hereinafter calledthe holding) containing acresor thereabouts situated at in the Island ofJamaica and bounded as follows. that is to say. Northerly

SoutherlyEasterly and Westerlyor however otherwise the same may be butted or bounded knowndistinguished or described subject to the following terms andconditions-

years from thedate hereof and shall continue after such term, or any term or termsfor which this contract may be extended or renewed. unless and untilterminated in the appropriate manner provided by the AgriculturalSmall Holdings Act.

2. The rent shall be S a year payable in advanceand shall be recoverable at any time after the same becomes due andpayable by action or distress.

5211964s. 12 1. The tenancy shall be for a term of

01

2. The consideration for this contract shall bc-(a) the payment of rent in advance by the tenant to the landlordat the rate of(b ) the establishment of pass on the holding by the tenant asfol~ows-

(Here specify variety of grass to be planted and an y other

per annum; and

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AGRICULTURAL SMALL HOLDINGS 333. The tenant agrees-(1) to pay the rent hereby reserved atin the manner aforesaid:(1) to fulfil the obligations on his part contained in clause 2 ofthis agreement;(2) not to assign or sublet the holding without the consent inwriting of the landlord previously obtained:(3) to manage cultivate and mannre the holding in a good andhusbandlike manner in accordance wi th the methods of hus-

bandry usual in the district:(4) to keep the ditches and gutters cleaned out and the drains

and watercourses open and free from obstruction and in work-ing order.

4. The landlord shall have the right of inspection of the holding atall reasonable times; and in case of the disability of the tenant. arisingfrom illness, injury, or other reasonable cause, to maintain the holdingin propcr order, the landlord may, but shall not be obliged to. do anynecwsary work which should have been done by the tcnant under theterms of his contract, and may deduct from any moneys to wmc to thetenant the actual cost of such work exclusive of that of supervision.

5. The landlord agrees to permit the. enant on his paying the renthereby reserved fulfdling the obligations on his part contained in clause2 hereof and observing and performing the several conditions andstipulations on his part herein contained peaceably and qnietly to holdand enjoy the holding during the term hereby cwted without anyinterruption by the landlord or any pcrson rightfully claiming under orin trust for him.

6 . This contract is subject to the provisions of the Agricultural SmallHoldings Act, and al l disputes and d~erenotswhatsoever ar is ing outof this contract shall be determined in mrdancc wth the provisionsin that behalf of the aforesaid Act.

or

As wimess our hands the day and year first above written.I1Signed by the saidbefore and in the presenoe of-Signed by the saidbefore and in the presente of-

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34 AGRICULTURAL SMALL HOLDINGSSECOND SCHEDmE (section 20 (2) )

( I ) Notice to Quir by LandlordTo

1 hereby (as agent or solicitor for X.Y. our landlord and on hisbehalf) give you notice to quit and deliver up possession on heday of 19 , of the small holdingsituated atin the Island of Jamaica which you hold of mejhim as tenant thereof19 ,under the provisions of the Agricultural Small Holdings Act.

in the parish ofunder a contract of tenancy dated the d ay of

This tenancy is being terminated for the following reasons-Dated the day of 19 .

To (2 ) Notice to Quit by Tenant

I hereby (as agent or solicitor for X.Y. our tenant and on hisbehalf) give you notice that it is my/his intention to quit and dcliverof the small holding situated at in the parishof in the Island of Jamaica now heldby mejhim as your tenant under a contract of tenancy dated theday of 19 ,under the provisions ofthe Agricultural Small Holdings Act.

up pssession on the day of 19 .

This tenancy is being terminated for the following reason&Dated the day of 19

THIRD SCHEDULE (Section 26 (1) )PART

lmprovemenrs IOwhich Consent ef Landlord is required(1) Erection, alteration or enlargement of buildings.(2) Planting of trees of eoonomic value on cultivabIe a r c a s(3) Laying down of permanent pasture (except in the case of grass

tenancies).(4) Planting of permanent and semi-pement crops.

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AG RI CU L T U RAL SMALL HOLDINGS(5) Making of works of irrigation.(6) Making of permanent sub-division fences.(7) Making or improvement of roads.(8) Making of dipping tanks.

PART 11Improvements in respect of which Notice to Landlord i s required(9) Clearing of land.

(10) Establishment of windbreaks.(1 1) Gully and watermurse measures.(12) Drainage.(13) Liming of land.(14) Application to land of phosphates.

PART 1Improvements in respect of which C onsent of or Notice toLandlord is not required

(15) Establishment of soil erosion control barriers.(16) Establishment of contour trench system.(17) Planting of trees of economic value on areas which are requiredto be left under cover for the purpose of erosion control.

35

[The inclusion of this page is authorized by L.N. 480119731

Agricultural Small Holdings Act

Documents

Transcript of Agricultural Small Holdings Act