RAJASTHAN LAND REVENUE ACT 1956
ACT OF 15 OF 1956
An Act to consolidate and amend the law relating to land; the appointment, powers and duties of Revenue Courts, Revenue officers, and village servants; the preparation and maintenance of maps and land records; the settlement of revenue and rent; the partition of estates; the collection of revenue and matters incidental thereto.
Be it enacted by the Rajasthan State Legislature in the seventh year of republic of India, as follows:-
CHAPTER 1
Preliminary
1. Short title, extent and commencement.— (1) This Act may be called "The Rajasthan Land Revenue Act, 1956".
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint.
2. Enactments not affected by Act.— Nothing in this Act shall be construed so as in any way to affect or restrict the operation of the provisions of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Rajasthan Act VI of 1952) or the Ajmer Abolition of Intermediaries and Land Reforms Act, 1955 (Ajmer Act 3 of 1955) or the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bombay Act XXXIX of 1954) in so far as it applies to the Abu area or the Madhya Bharat Zamindari Abolition Act, Samvat 2008 (Madhya Bharat Act 28 of 1954) in so far as they apply to the sunel area or the Rajasthan Land Summary Settlement Act, 1953 (Rajasthan Act XIX of 1953) or the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) or the Rajasthan Panchayat Act, 1953 (Rajasthan Act XXI of 1953) or any other law or enactment not repealed by section 263.
3. Interpretation.— (1) In this Act, unless the subject or context otherwise requires,—
(i) "Land Record Officer" shall mean the Collector and shall includes Additional or Assistant Land Records Officer;
(i-a) "Municipality" shall have the meaning assigned to it by the Rajasthan Town Municipalities Act, 1951 (Rajasthan Act 23 of 1951) or any other Municipal law for the time being in force;
(i-b) "Nazul Land" shall mean abadi land within the limits of Municipality or a Panchayat circle or a village, town or city, vesting in the State Government;
(i-c) "Panchayat circle" shall have the meaning assigned to it by the Rajasthan Panchayat Act, 1953 (Rajasthan Act 21 of 1953) or any other Panchayat law for the time being in force;
(ii) "Prescribed" shall mean prescribed by this Act or by rules made under this Act;
(iii) "Recognised Agent" of a party shall, subject to rules made under this Act, mean a person authorised in writing by such party to make appearances and applications and to do other acts on his behalf :
(iii-a) "Revenue Appellate Authority" shall mean the officer appointed as such authority under section 20-A;
(iv) "Settlement Officer" shall include an Assistant Settlement Officer,
(v) "Village" shall mean the tract of land which has been recognised and recorded, or may hereafter be recognised and recorded to be a village;
(vi) "References" to an officer appointed under this Act shall be construed to include references to an additional officer of the same grade likewise appointed;
(vii) "Words and expressions" defined in the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) shall, wherever used herein, be construed to have the meanings assigned to them by the said Act; and
(viii) "Words and expressions used to denote" the possessor of any right, title or interest shall be deemed to include the predecessors and successors in right, title or interest of such person.
CHAPTER 2
The Board of Revenue
4. Establishment and composition of the Board.— (1) There shall be established for the Sate of Rajasthan a Board of Revenue hereinafter referred to as the Board.
(2) The Board shall consist of a Chairman, and not less than three and not more than [Twenty] other members.
(3) All appointments made under sub-section (2) shall be notified in the Official Gazette.
(4) The State Government shall prescribe the qualification of persons who shall be eligible for appointment as Chairman and Member of the Board, the method of their selection for appointment and the conditions of their service :
Provided that till the qualifications of persons to be eligible for appointment as Chairman and Members of the Board are prescribed by the Government and appointments are made in accordance therewith, their qualifications shall continue to be the same as prescribed by sub-section (4) as it stood immediately before the Commencement of the Rajasthan Land Revenue (Amendment) Ordinance, 1969.
(5) The Constitution of the Board shall not be deemed to be invalid if any vacancy occurs on account of the death, resignation, expiry or termination of the appointment or temporary absence of the Chairman or of any member.
5. Tenure of Members.— All members of the Board shall hold office during the pleasure of the Governor.
6. Place of Sitting.— The headquarters of the Board of Revenue shall be at Ajmer but, subject to the general or special orders of the State Government, it shall be lawful for the Board to sit at any place within its jurisdiction
7. Ministerial Officers.— (1) There may be appointed for the Board a registrar and such other ministerial officers as may be necessary for the exercise and performance of the powers conferred and duties imposed on it by is Act or by or under any other enactment, rule or order for the time being in force.
(2) The Registrar and other officers appointed under sub-section (1) shall, subject to the general or special orders of the State Government, exercise such powers and discharge such functions as the Board may direct.
8. Powers of the Board.— (1) Subject to the other provisions of this Act or to the provisions of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) or of any other law in force, the Board shall be the highest Revenue Court of appeal, revision and reference in Rajasthan :
Provided that in all matters where there is a doubt or dispute involving the determination of the jurisdiction of a Civil or a Revenue Court in respect thereof the decision of the High Court shall be final and binding on all Civil and Revenue Courts in the State including the Board.
(2) In addition to the powers mentioned in sub-section (1), the Board shall exercise such other powers and perform such other duties as may from time to time be entrusted to it by the State Government or as are conferred or imposed on the Board by or under this Act or any other law for the time being in force.
9. General superintendence of subordinate Revenue Courts.— Subject to the other Provisions of this Act, the general Superintendence and control over all Revenue Courts and over all Revenue Officers shall be vested in, and all such Courts and officers shall be subordinate to the Board.
10. Jurisdiction of Board how exercised.— (1) Except as otherwise provided by or under this Act or by any other law or enactment for the time being in force in the whole or any part of the State and subject to any rules made in that behalf, the jurisdiction of the Board may be exercised —
(a) by the Chairman or any other member of the Board, sitting singly, or
(b) by a Bench of the Board, consisting of two or more members :
Provided that a party aggrieved by a decision of a single member shall have the right to make a special appeal to a Bench consisting of two or more members of the Board within one month from the date of the decision of the single member, if the member who passed the judgment and if the member who passed the judgment ceases to be attached to the Board, any other member declares that the case is a fit one for appeal.
(2) Subject to any rules made in that behalf, the Chairman may distribute the business of the Board and make such territorial or other divisions of its jurisdiction as he may deem fit.
(3) Every order made or act done under subsection (1) or in accordance, with the distribution or division made under sub-section (2), shall be deemed to be the order or act, as the case may be, of the Board.
11. Power to refer to a Bench.— The Chairman or any other member of the Board sitting singly for the disposal of any case or proceeding may, if he thinks fit, for reasons to be recorded in writing, refer any question of law or custom having the force of law or of the construction of any document arising before him in such case or proceeding, for the opinion of a Bench, and the case or proceeding shall be disposed of in accordance with such opinion.
12. Power to refer question to High Court..— (1) If in any case it appears to a Bench that any such question as is referred to in section 11 is of public importance and that it is expedient to obtain the opinion of the High Court thereon, the Bench may refer the question to that Court,
(2) The High Court may, after such hearing as it thinks fit, record its opinion on the question so referred and the decision of the case shall be in conformity with such opinion.
13. Decision in case of difference of opinion .— (1) Where a case is heard by a Bench of the Board, the decision of such case shall be in accordance with the opinion of the majority of the members who here it.
(2) Where such members are equally divided in opinion as to the order to be made in such case, the case shall be referred to another members and decided in accordance with the opinion of the majority of the members including such other members who heard it.
14. Registers etc. to be kept.— The Board shall cause to be kept and maintained such registers, books and accounts as may be prescribed or as may be necessary for the transaction of its business.
CHAPTER 3
Revenue Courts and Officers
A. Territorial Divisions
(Section 15 & 16)
15. Territorial Divisions.— (1) For the purposes of the revenue and general administration of the State, the whole of the State shall consist of as many division and districts as the State Government may deem fit.
(2) Every division shall, for like purpose, be a district or consist of more than one district as the State Government may determine.
(3) The State Government may divide any district into as many sub-divisions as it may deem fit, each such division to consist of a tehsil or of more than one tehsil.
(4) The State Government may sub-divide any tehsil into as many sub-tehsils as it may deem fit.
(5) The State Government shall define the limits of each division, district, sub-division, tehsil or sub-tehsil constituted under this section.
(6) All divisions, districts, sub-division tehsils and sub-tehsils constituted under this section shall be notified in the Official Gazette.
(7) The divisions, districts, sub-division tehsils and sub-tehsils by whatever name locally designated existing at the commencement of this Act shall continue respectively to be the divisions, districts, sub-division tehsils and sub-tehsils as if constituted under this Act unless, other provision is made in respect thereof under or in pursuance of this Act.
16. Power to create, abolish or alter divisions area, etc.— The State Government may be notification in the Official Gazette,
(a) create new or abolish existing divisions, districts, sub-division tehsils, sub-tehsils and villages, and
(b) alter the limits of any of them.
B. Courts and Officers
(Section 17 and 21)
17. Commissioners and Additional Commissioner.— The State Government shall appoint in each division a Commissioner and may appoint as many Additional Commissioners as may be necessary in a division or in two or more divisions or parts thereof combined.
18. Settlement Commissioner and Additional Settlement Commissioners.— The State Government shall appoint for the whole of the State Settlement Commissioner and may appoint as many Additional Settlement Commissioners as it may considers necessary.
19. Director and Additional Directors of land Records.— The State Government shall appoint for the whole of the State a Director of Land Records and may appoint as many Additional and Assistant Directors of Land Records as it may considers necessary.
20. Appointment of other officers.— (i) The State Government (a) shall appoint a Collector in each district, who shall also be the Land Records Officer for the district, and
(ii) a Tehsildar in each tehsil;
(b) may appoint - (i) an Additional Land Records Officer to a district,
(ii) a Settlement Officer to a district,
(iii) as many Assistant Collectors to a district as it thinks fit, and
(iv) as many Naib-Tehsildars to a Tehsil as it thinks fit;
(c) shall place - (i) an Assistant Collector incharge of one or more sub-divisions of a district,
(ii) a Tehsildar or a Naib-Tehsildar incharge of one or more sub-tehsils of a Tehsil; and
(d) may appoint - (i) an Additional Collector in a district or in two or more districts combined, and
(ii) an Additional Tehsildar in a Tehsil or in two or more tehsils combined.
20A. Revenue Appellate Authority.— The State Government may appoint such number of officers, note being less than three, as may be found necessary, to receive, hear and dispose of appeals, revisions and references in revenue judicial cases and other matters specifically provided for by law.
(2) Every officer so appointed shall be designated as Revenue Appellate Authority and shall, for the exercise of his jurisdiction and the performance of his duties sit, at such place or places, as the State Government may from time to time direct.
21. Appointment ex-officio.- Any appointment section 17 or section 18 or section 19 or section 20 or section 203-A may be made by virtue of office.
22. Notification of appointments.— All appointments made under sections 17 to 21 shall be notified in the Official Gazette, provided that it shall not be necessary so to notify the appointment of Naib-Tehsilars.
C. Powers (Section 23 to 29)
23. Controlling power.— (1) The control of all non-judicial matters connected with revenue in the State, other than matters connected with settlement, is vested in the State Government and the control of all judicial matters and of all matters connected with settlement is vested in the Board.
(2) The expression "judicial matter" means a proceeding in which Revenue Court or officer has to determine the rights and liabilities of the parties thereto and the proceedings and orders as well as appeals, revisions and references in the cases specified in the First Schedule shall be deemed to be judicial matters for the purposes of this Act.
24. Subordination of Revenue Courts and Officers.— Subject to the provisions of sections 9 and 23--
(1) All Additional Commissioners, Collectors, Additional Collectors, Sub-Divisional Officers, Assistant Collectors, Tehsildars, Additional Tehsildars and Naib-Tehsildars in divisional shall be subordinate to the Commissioner of such division;
(2) All Additional Collectors, Sub-Divisional Officers, Assistant Collectors, Tehsildars, Additional Tehsildars and Naib-Tehsildars in a district shall be sub-ordinate to the Collector of such district;
(3) all Tehsildars, Additional Tehsildars and Naib-Tehsildars in a sub-division shall be subordinate to the Sub-Divisional Officer of such sub-division;
(4) All Additional Tehsildars and Naib-Tehsildars in a Tehsil shall be subordinate to the Tehsildar of such Tehsil;
(5) All Additional Settlement Commissioners, Collectors, Additional Collectors, Settlement Officers, Tehsildars, Additional Tehsildars and Naib-Tehsildars shall be subordinate to the Settlement Commissioner;
(6) all Tehsildars, Additional Tehsildars and Naib-Tehsildars in a Tehsil shall be sub-ordinate to the Settlement Officer exercising jurisdiction in such Tehsil;
(7) All Additional and Assistant Director of Land Records, Collectors, Additional Collectors, Land Records Officer, Tehsildars, Additional Tehsildars and Naib-Tehsildars shall be subordinate to the Director of Land Records;
(8) All Tehsildars, Additional Tehsildars and Naib-Tehsildars in a Tehsil shall be sub-ordinate to the Land Records Officer exercising jurisdiction in such Tehsil, and
(9) all Officers specially appointed for any local area under Chapter VII shall be sub-ordinate to the Land Records Officer, or under Chapter VIII to the Settlement Officer, for such area.
25. Powers and duties of Courts and Officer.—(1) A Commissioner or a Collector or a Sub—Divisional Officer or a Tehsildar shall respectively within his division or district or sub-division or tehsil, exercise all the powers and discharge all the duties conferred and imposed on him by or under this Act or the Rajasthan Tenancy Act, 1955 (Raj. Act 3 of 1955) or any other law for the time being in force.
(2) The Settlement Commissioner shall be incharge of all matters relating to settlement throughout the State and shall in respect thereof exercise such powers and discharge such duties as are conferred and imposed on him by or under this Act or any other law for the time being in force.
(3) The Director of Land Records shall be incharge of all matters relating to survey and the preparation, revision and maintenance of land records throughout the State and shall in respect thereof exercise such powers and discharge such duties as are conferred and imposed on him by or under this Act or any other law for the time being in force.
(4) A Land Records Officer or an officer appointed under Chapter VII shall, within the area for which he is appointed, exercise such powers and perform such duties as are conferred and imposed on him by or under this Act or any other law for the time being in force.
(5) A Settlement Officer or an officer appointed under Chapter VIII shall, within the area for which he is appointed, exercise such powers and perform such duties as are conferred and imposed or him by or under this Act or any other law for the time being in force
(6) An Additional Commissioner or an Additional Settlement Commissioner or an Additional or Assistant Director of Land Records or an Additional Collectors, or an Additional Tehsildars shall within the area for which he is appointed, exercise such powers and perform such duties respectively of Commissioner or the Settlement Commissioner or the Director of Land Records or Collectors, or Collector or a Tehsildars in such cases of matters or classes of cases or matters under this Act or under any other law for the time being in force as the State Government may direct, and every Additional Commissioner or Additional Settlement Commissioner or Additional or Assistant Director of Land Records or Additional Collectors or Additional Tehsildar while exercising any such power or performing any such duty, shall for all purposes be deemed to be the Commissioner or Settlement Commissioner or Director of Land Records or Collectors, or Tehsildars as the case may be, of the area for which he is appointed.
(7) An Assistant Collector or a Naib-Tehsildar shall, within the district or the Tehsil, as the case may be, to which he is appointed, exercise such powers and perform such duties as are conferred and imposed on him by or under this Act or any other law for the time being in force or as may be delegated to him by a general or special order of the State Government
26. Additional Powers of Courts and officers.— (1) The State Government may, by notification in the Official Gazette confer
(a) on a Naib-Tehsildar, all or any of the powers of Tehsildar,
(b) on a Tehsildar, all or any of the powers of an Assistant Collector,
(c) on a Assistant Collector, all or any of the powers of a sub-Divisional Officer or a Land Records Officer or a Settlement Officer or a Collector,
(d) on a Sub-Divisional Officer, all or any of the powers of a Land Records Officer or a Settlement Officer or a Collector,
(e) on a Land Records Officer or a Settlement Officer, all or any of the powers of a sub-Divisional Officer or an Assistant Collector or a Collector,
(f) on a Collector, all or any of the powers of a Settlement Officer]
(g) on a Commissioner, all or any of the powers of a Settlement Commissioner or the Director of Land Records, and
(h) on a Settlement Commissioner, all or any of the powers of the Director of Land Records.
(2) The powers conferred under sub-section (1) Shall be exercised in such areas and in respect of such cases and matters or classes of cases and matters as the State Government may direct.
(3) In conferring powers under this section, the State Government may empower persons by name or classes of officers generally by their official designations.
(4) If an officer in any Tehsil, Sub-division, district division or other area who has been invested by name with any powers under this section is transferred to an equivalent office of the same nature in another Tehsil, sub-division, district division or area, he shall, unless the State Government otherwise directs, he held to be invested with the same powers under this section in such other Tehsil, sub-division, district division or area.
27. Inherent powers of Courts and officers .— In addition to the powers specified in sections 25 and 26 -
(a) a Commissioner shall, on being conferred powers under clause (g) of section 26, have all the powers of a Land Records Officer and the officers subordinate to the Land Records Officer
(aa) a Revenue Appellate Authority shall have all the powers of a Collector, a Sub-Divisional Officer, an Assistant Collector, and a Tehsildar,
(b) a Collector shall have all the powers of a Sub-Divisional Officer, an Assistant Collector, and a Tehsildar,
(c) a Sub-Divisional Officer, shall have all the powers of an Assistant Collector, and a Tehsildar,
(d) an Assistant Collector shall have at the powers of a Tehsildar and a Naib-Tehsildar
(e) a Tehsildar shall have all the powers of a Naib-Tehsildar; and
(f) a Land Records Officer or a Settlement Officer shall have all the powers of a Tehsildar or a Naib-Tehsildar or an Officer appointed under Chapter VII or Chapter VIII.
28. Officers temporarily succeeding to permanent vacancies.— Whenever in cons-equence of the office of a Commissioner or a Collector or a Sub-Divisional Officer or a Tehsildar becoming permanently vacant, any officer succeeds temporarily to the Chief executive administration of the division district, sub-division or Tehsil, as the case may be, such officer shall pending the order of the State Government, exercise all the powers and perform all the duties conferred and imposed on a Commissioner or a Collector or a Sub-Divisional Officer or a Tehsildar by or under any law for time being in force in the State.
29. Temporary absence of Officers.— Where an officer is temporarily absent from his duties -
(a) any other officer of equal grade functioning at his head-quarters or, if there be no officer of an equal grade there, any other officer of a superior grade so functioning or, if there be no such superior officer, any other officer of an inferior grade so functioning shall, without relinquishing his ordinary duty, assume charge of the office of the absentee officer and shall continue in charge thereof until the office is assumed by another officer duly appointed thereto and while in such charge, perform the routine duties of the absentee officer, and
(b) in any officer of an equal, superior or inferior grade is not functioning at such headquarters or is himself also absent, the chief ministerial official of the office shall possess the power of adjourning from time to time any matter, case or proceeding.
D. Patwaris, Qanungos and Inspectors
30. Formation and alteration of Patwaris' Circles.— The Director of Land Records with the previous sanction of the State Government may from time to time, arrange the village of each district in patwaris' circles and may alter the number and limits of such circles.
31. Appointment of Patwaris.— Subject to rules made under this Act, the Collector shall appoint a Patwari to each circle for the maintenance and correction of the annual registers and records under Chapter VII for the collection of all rents, revenue and other demands due from the land holders and tenants of the circle for which he is appointed, and for such other duties, as the State Government may prescribe.
32. Formation and alteration of land Records Inspection circles.— With the previous sanction of the State Government, the Director of Land Records may arrange the Patwaris, circles of each district into land records inspection circles.
33. Appointment of Girdawar, Qanungos or Land Record Inspectors.— Subject to rules made under this Act, the Collector shall appoint to each land records inspection circle a Girdawar Qanungo or Land Record Inspector for the proper supervision, maintenance and correction of the annual registers and records under Chapter VII.
34. Sadar Qanungos.— Subject to rules made under this Act, the Director of Land Records shall appoint one or more Sadar Qanungos in each district to supervise the work of the Girdawar Qanungos or Land Records Inspectors and Patwaris and to perform such other duties as the State Government may prescribe.
35. Qualification etc. of Patwaris and Qanungos.— The qualification, conditions of service and duties of Patwaris, Girdawar Qanungos or Land Records Inspectors and adar Qanungos shall be regulated by rules made by the State Government in that behalf.
36. Obligation to furnish information necessary for the preparation of records.— Any person whose rights, interests or liabilities are required by any enactment for the time being in force or by any rule made under any such enactment to be entered in any official register by a Patwari or by a Girdawar Qanungo or Land Records Inspector or by a Sadar Qanungo shall be bound to furnish, on his requisition all information necessary for the correct compilation thereof.
E. Village Repealed
37. to 40. Repealed.
40A. Termination of services of Lambardars.— Notwithstanding anything contained in the Rajasthan General Clauses Act, 1955 Rajasthan Act 8 of 1955, or in any other law for the time being in force, all Lambardars appointed or deemed to have been appointed under this Act, shall, as from the date of commencement of the Rajasthan Land Revenue (Amendment) Act, 1963, cease to be Lambardars of the village or group of villages for which they were appointed and shall cease to exercise the powers conferred, and to discharge the functions and duties imposed on them, by this Act; and the duty of collecting the revenue or rent or any other State demand shall, until the State Government directs otherwise, be performed by the Patwari of the circle.
41. Village servants.— Omitted.
42. Vacancies.— Omitted.
43. Register of village servants.— Omitted.
44. Remuneration of village servants.— Omitted.
45. Non—liability of remuneration to alienation or attachment.-Omitted.
46. Duties of village servants.— Omitted.
47. Appointments how to be made.— Omitted.
48. Disqualifications for appointment.— Omitted.
49. Punishment, suspension and removal of village servants and Lambardars.— Omitted.
50. Power to place village watchman under police authorities.— Omitted.
CHAPTER 4
Procedure of Revenue Courts and Officers
51. Place for holding Court or making inquiries.— (1) Every officer appointed under Chapter III may subject to the provisions contained in section 20-A hold court and make an inquiry at any place within the local limits of his jurisdiction.
(2) Except for reasons to be recorded in writing, no such officer shall hear or inquire into any case at any place outside such limits.
52. Power to enter upon and Survey Land .— All revenue and village officers and their servants and workmen when authorised, either verbally or in writing may enter upon and survey land and demarcate boundaries and do other acts connected with their duties under this Act or any enactment for the time being in force:
Provided that no person shall enter into any building or upon any enclosed courtyard or garden attached to a dwelling house unless with the consent of the occupier thereof without giving such occupier at least twenty four hours notice and in making such entry due regard shall be paid to the social and religious sentiments of the occupier.
53. Power of Government, Board etc. to transfer cases.— The State Governments or the Director of Land Records or a Commissioner may transfer any non-judicial case or any class of non-judicial cases not connected with settlement and the Board or the Settlement Commissioner or the Director of Land Records may transfer any judicial or settlement case or any class of such cases from any subordinate revenue Court or revenue officer to any other such Court or officer competent to deal therewith.
54. Power to transfer cases to and from subordinates.— A Commissioner, a Collector, a Divisional Officer, a Tehsildar, a Land Records Officer or a Settlement Officer may make over any case or class or cases, arising under the provisions of this Act or otherwise for inquiry or decision from his own file to any revenue officer subordinate to him who may be competent to deal with such case or class of cases, or may withdraw any case or class of cases from any such revenue officer and may deal with such case or class of cases himself, or refer the same for disposal to any other such revenue officer competent to deal therewith :
Provided that when, after inquiry in a case, a report is submitted by a revenue officer to a superior revenue authority for final order, the latter may, before passing the final order, give the parties an opportunity to be heard.
55. Consolidation of cases.— Where more cases than one involving substantially the same question for determination and based on the same cause of action are pending in one or more revenue Courts they shall, on application being made by any party to the Court to which the Court or Courts concerned are all subordinate be consolidated in one Court and decided by a single judgment. Such cases may be filed in the Superior Court.
56. Appearances, applications, etc. by whom made.— All appearances before, applications to, and acts to be done before, any Revenue Court or officer under this Act or under any other law for the time being in force, may be made or done -
(i) by the parties in person, or
(ii) by their recognised agents, or
(iii) by legal practitioners duly authorised by the parties and competent to practise before such Court or officer :
Provided that the revenue Court or officer may require the attendance of any party to a proceeding notwithstanding the employment by him of an agent or a legal practitioner.
56A. Presentation of Applications, Appeals etc.— (l) All applications, appeals and proceeding shall, in the absence of a provision to the contrary effect, be presented to the Court, officer or authority to which or to whom such application, appeals or proceedings lie under any provision of this Act or the rules thereunder or of any other law for the time being in force or of the rules made under such law :
Provided that, if under any such provision any application, appeal or proceeding lies to a Revenue Appellate Authority, such application, appeal or proceeding may be presented to, and received by, the Collector of the District in which the cause of action for such application, appeal or proceeding arises wholly or in part.
(2) Upon receipt of an application, appeal or proceeding under the proviso to sub-section (1), the Collector shall examine the same to see if it bears the proper Court fee, has been presented to him within the time limit, if any, prescribed for such presentation is accompanied with all the necessary certified copies of judgments, decrees and orders and has been presented in proper from by the person competent to do so under section 56; and thereafter, if the application, appeal or proceeding is found to be in order or after the defects, if any, notified by the Collector have been removed wherever possible, the Collector shall forward the application, appeal or proceeding, together with the record of the case, to the revenue appellate authority for the time being competent to hear and dispose of the same.
57. Power of Revenue Courts or Officers to require attendance of persons and production of documents and to receive evidence.— (1) Subject to the provisions of sections 132 and 133 of the Code of Civil Procedure, 1908 (Central Act V of 1908) and rules made under this Act every Revenue Court or officer shall have power to summon any persons whose attendance is considered necessary either to be examined as a party or to give evidence as a witness or to produce any document for the purposed of any inquiry or case arising under this Act or any other enactment for the time being in force.
(2) A summon to produce documents may be for the production of certain specified documents or for the production of all documents of a certain description in the possession or power of the person summoned.
(3) All persons so summoned shall be bound to attend, either in person or by an authorised agent as such Court or officer may direct, and to state the truth upon any subject respecting which they are examined or make statement, and to produce such documents and other things as may be required.
(4) If any person, on whom a summons has been served, fails to comply with the summons, the Court or officer by whom the summons has been issued may issue a bailable warrant for the arrest of such person.
(5) Any person present may be required by any Revenue Court or officer to give evidence or to produce any document then and there in his possession or power.
58. Summons to be in Writing Signed and Sealed.- Every summons shall be in writing in duplicate and shall he signed and sealed by the office issuing it or by such person as he empowers in this behalf, and it shall specify the time and place at which the person summoned is required to attend and also whether he is required to give evidence or to produce a document.
59. Serving of Summons.— Every summon shall be served
(1) by tendering or delivering a copy of it
(a) to the person summoned, or
(b) to his recognised agent or legal practitioner, or
(c) to any adult male member of his family usually residing with him; or
(2) if any of the aforeasaid persons cannot be found or refuses to accept the service of summons, by affixing a copy thereof to some conspicuous part of his usual or last known place of residence; or
(3) if such person resides in another district, by sending the summons by post to the Collector of such district for service in accordance with clause (i) or clause (ii); or
(4) if the Revenue Court or officer so directs, for reasons to be recorded in writing, by sending the summons to the person named therein, either in addition to or in substitution of, any other mode of service, by post under a registered cover.
60. Mode of Serving Notice.— Every notice under this Act may be served either by tendering or delivering a copy thereof, or sending such copy by post in a cover registered under the Indian Post Office Act.
1898 (Central Act VI of 1898), to the person on whom it is to be served or his authorised agent or, if service in the manner aforised cannot be made, by affixing a copy thereof at his last known place of residence or at some place of public resort in the village in which the land to which the notice relates is situated.
61. Mode of Issuing Proclamations.— Whenever a proclamation is issued under this Act, copies thereof shall be posted in the Court-house of the officer issuing it, at the headquarters of the tehsil within which the land to which it refers is situated, and at some place of public resort on or adjacent to the land to which it refers, and, if the officer issuing it so directs, the proclamation shall be further published by beat of drum on or near he land to which it refers.
62. Notice or proclamation not Void for error.— No notice or proclamation shall be deemed void on account of any error in the name, description or designation of any person or in the description of any land referred to therein unless such error has caused substantial injustice.
63. Hearing in Absence of Party.— (1) If any party to a case or proceeding before a revenue Court or officer does not appear on the date fixed for hearing, or on any subsequent date or dates to which the hearing may have been postponed, the case or proceeding may be heard and determined in his absence or may be dismissed in default.
(2) If, on the date fixed for hearing a case or proceeding, a Revenue Court or Officer finds that a summons or notice was not served on any party due to the failure of the opposite party to pay the requisite process-fees for such service, the case or proceeding may be dismissed in default of payment of such process fees.
64. Adjournment of Hearing.— (I) A Revenue Court or Officer may, from time to time, adjourn the hearing of a case or proceeding.
(2) The time and place of an adjourned hearing of a case or proceeding shall be intimated at the time of the adjournment to such of the parties and witnesses as are present.
65. No appeal from Orders Passed under section 63.— (1) Except where a case or proceeding before any Revenue Court or Officer has been decided on the merits, no appeal shall lie from an order passed under section 63.
(2) The party against whom any order is passed under section 63 may apply within 30 days from the date of such order, to have it set aside on the ground that he was prevented by any sufficient cause from appearing a the hearing or from paying the requisite process-fee for the service of a summons or notice on the opposite party, and the Revenue Court or Officer may, after notice to the opposite party and after making such inquiry, as may be considered necessary, set aside the order passed.
66. Power to give and Apportion costs.— (1) A Revenue Court or officer may give and apportion costs incurred in any case or proceeding arising under this Act in such manner and to such extent, as may be deemed fit.
(2) An order under sub-section (1) awarding costs to a party other than the State Government shall be executable as if it were a decree for money passed by a Revenue Court.
67. Correction of error or omission.— Any Revenue Court or officer by whom an order has been passed in any proceeding under this Act may, either of his own motion or on the application of a party, correct any error or omission not affecting a material part of the case, after such notice to the parties, as may be necessary.
68. Power to refer disputes to arbitration..— The Board, & Commissioner, an Additional Commissioner, a revenue appellate authority the Settlement Commissioner, an Additional Settlement Commissioner, the Director of Land Records, an Additional or Assistant Director of Land Records, a Collector, an Additional Collector, a Sub-Divisional Officer, an Assistant Collector, a Land Records Officer, a Settlement Officer, a Tehsildar or an Additional Tehsildar may, with the consent of parties, by order refer any dispute before it or him to arbitration.
69. Procedure in cases Referred to Arbitration.—In all cases of reference to arbitration under section 68 the provisions of the Arbitration Act, 1940 (Central Act X of 1940), shall apply so far as they are not inconsistent with anything in this Act.
70. Application to set Aside Award.— Any application to set aside an award shall be made within the twenty days after the service of the notice of filing the award.
71. Decision according to award.— If the Revenue Court or officer making the reference does not see cause to remit the award or any of the matters referred to arbitration for reconsideration, and if no application has been made to set aside the award, or if such application has been refused, such Court or officer shall decide the dispute in accordance with the award or, if the award has been submitted in the form of a special case, according to its or his own opinion in such case.
72. Bar to appeal and suit in Civil Court.— Such decision shall be at once carried out and shall not be open to appeal unless the decision is in excess of, or not in accordance with the award or unless, the decision is impugned on the ground the there is no valid award in law or in fact:
and no person shall institute any suit in the Civil Court for the purpose of setting it aside or against the arbitrators on account of their award.
73. Delivery of Possession of Immovable property.— If possession of immovable property is adjudged, the Court or officer making the order may deliver possession in the same manner, and with the same powers in regard to all contents, resistance and the like, as may be lawfully exercised by the Civil Court in execution of their own decrees.
CHAPTER 5
Appeal, Reference, Revision and Review
74. Appeal to be as allowed by this Act.— Notwithstanding any law for the time being in force, no appeal shall lie from any order passed by any Revenue Court of officer except as provided in this Act.
75. First Appeals.— Save when otherwise provided in this Act, a first appeal shall lie -
(a) to the Collector from an original order passed by a Tehsildar in matters not connected with settlement or land records.
(b) to the revenue appellate authority from an original order passed by an Assistant Collector or a Sub-Divisional Officer or a Collector in matters not connected with settlement.
(c) to the Settlement Officer from an original order passed by a Revenue Court or Officer subordinate to him.
(d) to the Land Record Officer from an original order passed by Revenue Court or officer subordinate to him.
(e) to the Settlement Commissioner from an original order passed by a Settlement Officer or by a Collector in matters connected with Settlement,
(f) to the Director of Land Records from an original order passed by a Land Records Officer in matters connected with land records, and
(g) to the Board from an original order passed by the Commissioner or the Additional Commissioner or the Revenue Appellate Authority the Settlement Commissioner.
76. Second appeals.— An appeal shall lie from an order passed in appeal--
(a) by a Collector in matters not connected with settlement or land records, to the Revenue Appellate Authority, or
(b) by a Settlement Officer or a Collector acting under section 181, to the Settlement Commissioner, or
(d) by the Commissioner or the Revenue Appellate Authority or the the Settlement Commissioner to the Board.
77. No appeal in certain cases.— (1) No appeal shall lie - (a) from an order admitting an appeal or application for review on the ground specified in section 5 of the Indian Limitation Act, 1908 (Central Act IX of 1908), or
(b) from an order rejecting an application for revision or review, or
(c) from an order which is expressly declared by this Act to be final, or
(d) by the from an interim order.
(2) The Provisions of sub-section (1) shall apply to all applications or proceedings lending on the date of the commencement of the Rajasthan Revenue Laws (Amendment) ordinance, 1975 (Ordinance No. 13 of 1975).
(3) All pending appeals against interim order, whether under section 75 or under section 76, ;hall abate on the date of the commencement of the Rajasthan Revenue Laws (Amendment) Ordinance, 1975 (Ordinance No. 13 of 1975).
78. Limitation for Appeals.— No appeal shall lie -
(a) to the Collector or Land Records Officer or Settlement Officer after the expiration of thirty days from the date of the order to which objection is made; or
(b) to the Revenue Appellate Authority or Settlement Commissioner or the Director of Land Records after the expiration of sixty days from such date; or
(c) to the Board after the expiration of ninety days from such date.
79. Copy of order objected to, to Accompany Petition.— Every petition for appeal shall be accompanied by a certified copy of the order to which objection in made, unless the production of such copy is dispensed with.
80. Powers of Appellate Authority.— (1) The Appellate Authority may either admit the appeal, or, after calling for the record and give the appellant an opportunity to be heard may summarily reject it:
Provided that the appellate authority shall not be bound to call for the record where the appeal is time-barred or does not lie.
(2) If the appeal is admitted a date shall be fixed for hearing, and notice thereof shall be served on the respondent.
(3) After hearing the parties, if they appear, the appellate authority may confirm, vary or reverse the order appealed against; or may direct such further investigation to be made or such additional evidence to be taken, as it may think necessary; or may itself take such additional evidence;
or may remand the case for disposal with such directions, as it think fit.
81. Power to stay execution of orders of Lower Court.— -(I) If an appeal is admitted, the appellate authority may, pending the result of the appeal, direct the execution of the order appealed from to be stayed.
(2) A revenue Court or officer passing any order may direct the execution of such order to be stayed at any time before the expiry of the period prescribed for appeal, if no appeal has been filed.
(3) If execution of any order is stayed under sub-section (1) or sub-section (2), such security may be taken or conditions imposed as the appellate authority or the Revenue Court or officer thinks fit.
82. Power to call for records and proceeding and reference to State Government or Board.-The Settlement Commissioner or the Director of Land Records or a Collector may call for and examine the record of any case decided or proceedings held by any Revenue Court or officer subordinate to him for the purpose of satisfying himself as to the legality or propriety of the order passed and as to the regularity of proceedings;
and if he is of opinion that the proceedings taken or order passed by such subordinate Court or officer should be varied, cancelled or reversed, he shall refer the case with his opinion thereon for the orders of the Board, if the case is of a judicial nature or connected with settlement, or for the orders of the State Government if the case is of a non-judicial nature not connected with settlement;
and the Board or the State Government, as the case may be, shall thereupon pass such order as it thinks fit.
83. Power of Government to call for records and revise orders.— The State Government may call for the record of any non-judicial proceeding not connected with settlement held by any officer subordinate to it, and may pass thereon such orders as it thinks fit.
84. Power of Board to call for Records and revise orders.— The Board may call for the record of any case of a judicial nature or connected with settlement in which no appeal lies to the Board if the Court or officer by whom the case was decided appears to have exercised a jurisdiction not vested in it or him by law, or to have failed to exercise a jurisdiction so vested, or to have acted in the exercise of its or his jurisdiction illegally or with material irregularity, and may pass such orders in the case as it thinks fit.
84A. No revision in Certain cases.— No revision shall lie against an interim order passed in any proceeding under this Act and all pending revisions against such order shall abate on the date of commencement of the Rajasthan Revenue Laws (Amendment Ordinance, 1975 (Ordinance No. 13 of 1975).
85. Hearing.— No order under section 82 or section 83 or section 84 shall be passed to the prejudice of any person unless such person had an opportunity of being heard.
85A. Review by the State Government..— The State Government may of its own motion or on the application of a party to a proceeding review and may rescind, alter or confirm any order made by it under this Act.
86. Review by the Board and other Courts.— (1) The Board, of its own motion or on the application of a party to a suit or other proceeding, may review and may rescind, after or confirm any order made by itself or by any of its members.
(2) Every other Revenue Court or officer may either on its or his own motion or on the application of any party interested, review any order passed by itself or himself or by any of its or his predecessors in office and pass such orders in reference thereto as it or he thinks fit :
Provided that -
(i) no order shall be varied or reversed unicss notice has been given to the parties interested to appear and be heard in support of such order;
(ii) no order from which an appeal has been made or which is the subject of any revision proceedings shall, so long as such appeal or proceedings are pending be reviewed;
(iii) no order affecting any question or right between private person shall be reviewed except on the application of a party to the proceedings and no application for the review of such order shall be entertained unless it is made within ninety days from the passing of the order.
(3) An application for review under this section shall lie on any of the grounds mentioned in Rule I of Order XLVII of the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908) and the provisions of the said order shall, subject to the provisions contained in sub-section (1) or sub-section (2), be applicable.
87. Application of Act IX of 1908.— The provisions of the Indian Limitation Act, 1908 (Central Act IX of 1908), shall apply to all appeals and applications for review under this Act.
CHAPTER 6
Land
88. All roads etc, and all lands which are not the property of others belong to the State.— (1) All public roads, lanes, paths, bridges and ditches; all fences on or beside the same, all rivers, streams, nallas, lakes and tanks, all canals and watercourses, all standing and flowing water, and all lands wherever situated, which are not the property of individuals or of bodies of persons legally capable of holding property, are except in so far as any rights of such persons or bodies may be established in or over the same and except as may be otherwise provided in any law for the time being in force, and are hereby declared to be, with all rights in or over the same or appertaining thereof, the property of the State; and it shall be lawful for the Collector subject of the [order of the Commissioner] to dispose of them in such manner as may be prescribed subject always to the rights of way and all other rights of the public or individuals legally subsisting.
(2) Where any property or any right in or over any property is claimed by or on behalf of the State or by any person as against the State, it shall be lawful for the Collector, after formal inquiry of which due notice has been given to pass an order deciding the claim.
(3) Any suit instituted in any Civil Court after the expiration of one year from the date of any order passed under sub-section (1) of sub-section (2) or, if one or more appeals have been made against such orders within the period of limitation, then from the date of any order passed by the final appellate authority, shall be dismissed (although limitation has not been set up as a defence) if the suit is brought to set aside such order or if the relief claimed is inconsistent with such order, provided that in the case of an order under sub-section (2), the plaintiff has had due notice of such order.
(4) Every person shall be deemed to have had due notice of an inquiry or order under this section, if notice thereof has been given in accordance with the provisions of this Act or the Rules made thereunder.
(5) Any order passed under sub-section (1) or sub-section (2) shall be enforceable by the Collector in the prescribed manner.
89. Right to minerals, mines, quarries and Fisheries.— (1) The right to all minerals, mines and quarries and to all fisheries, navigation and irrigation in and form, a river shall vest in the State Government and the State Government shall, have all powers necessary for the enjoyment of such a right.
(2) The right to all mines and quarries includes the right of access to land for the purpose of mining and quarrying and the right to occupy such other land as may be necessary for purposes subsidiary thereto, including the erection of offices, workmen's dwelling and machinery, the staking of minerals and deposit of refuse, the construction of roads, railways or tram lines, and any other purposes which the State Government may declare to be subsidiary to mining and quarrying.
(3) If the State Government has assigned to any person its right over any minerals, mines or quarries and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-section (1) and (2) should be exercised by such person, the Collector may by an order in writing, subject to such condition and reservations as he may prescribe; delegate such powers to the person to whom the right has been assigned :
Provided that no such delegation shall be made until notice has been duly served on all persons having rights in the land effected and their objections have been heard and considered.
(4) If, in the exercise of the right herein referred to over any land, the rights of any persons are infringed by the occupation or disturbance of the surface of such land, the State Government or its assignee shall pay to such persons compensation for such infringement and the amount of such compensation shall be calculated by the Collector, or, if his award is not accepted, by the Civil Court, as nearly as may be, in accordance with the provisions of the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act XXIV of 1953).
(5) No assignee of the State Government shall enter on or occupy the surface of any land without the previous sanction of the Collector, unless the compensation has been determined and tendered to the person whose rights are infringed.
(6) If any assignee of the State Government fails to pay compensation as provided in subsection (4), the Collector may recover such compensation from him on behalf of the person entitled to it, as if it were an arrear of land revenue.
(7) Any person who without lawful authority extracts or removes minerals from any mine or quarry, the right to which vests in and has not been assigned by the State Government, shall without prejudice to any other action that may be taken against him, be liable, on the order in writing of the Collector to pay a penalty not exceeding a sum calculated at the rate of fifty rupees per ton, or a fraction thereof, of the minerals so extracted or removed:
Provided that if the sum so calculated is less than one thousand rupees, the penalty may be such larger sum not exceeding one thousand rupees as the Collector may impose.
Explanation.—In this section, minerals include any sand or clay which the State Government may declare to have a commercial value or to be required for any public purpose.
90. Liability of all Land to Payment of Revenue or Rent.— (1) Subject to other provisions of this Act all land, to whatever purpose applied and wherever situate, is liable to the payment of revenue or rent to the State Government, except such land as has been wholly exempted from such liability by special grant of, or contract with, the State Government, or by the provisions of any land for the time being in force.
(2) No length of occupation of any land nor any grant of land made by an estate-holder shall release such land from the liability to pay revenue or rent.
(3) The State Government may exempt any land from the liability to such payment by means of a special grant or contract or in accordance with the provisions of any law for the time being in force.
(3-A) The State Government may, by notification in the Official Gazette, exempt, whether prospectively or retrospectively, any land or class of land from the payment of rent or land revenue.
(4) Revenue or rent may be assessed on land notwithstanding that such revenue or rent, by reason of its having been assigned, released, compounded for or redeemed, is not payable to the State Government.
90A. Use of Agricultural land for Non-Agricultural Purposes.-(l) No person holding any land for the purpose of agriculture, and no transferee of such land or any part thereof, shall use the same or any part thereof, by the construction of buildings thereon or otherwise, for any other purpose except with the written permission of the State Government obtained in the manner hereinafter laid down and otherwise than in accordance with the terms and conditions of such permission.
(2) Any such person desiring to use such land or any part thereof for any purpose other than that of agriculture shall apply for the requisite permission in prescribed manner and to the prescribed Officer or authority and every such application shall contain the prescribed particulars.
(3) The State Government shall, after making or causing to be made due inquiry in the prescribed manner, either refuse the permission applied for or grant the same subject to the prescribed terms and conditions.
(4) When any such land or part thereof is permitted to be used for any purpose other than that of agriculture, the person to whom such permission is granted shall be liable to pay to the State Government in respect thereof —
(a) an urban assessment levied at such rate and in accordance with such manner as may be laid down in rules to be made in this behalf by the State Government; or
(b) such amount by way of premium as may be prescribed by the State Government; or
(c) both.
(5) If any such land is so used —
(a) without the written permission of the State Government being first obtained, or
(b) otherwise than in accordance with the terms and conditions of such permission, or
(c) after such permission having been refused under sub-section (3), or
(d) without making any of the payments referred to in sub-section (4), the person originally holding the land as aforesaid for the purpose of agriculture as well as all subsequent transferees, if any, shall be deemed to be trespasser or trespassers, as the case may be, and shall be liable to ejectment from such land in accordance with section 91 as if he or they had occupied or continued to occupy such land without lawful authority and to every such proceeding the provisions of section 212 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) shall apply as if such land and were in danger or being wasted, damaged or alienated :
Provided that the State Government may, in lieu of having such person and the subsequent transferees so ejected from the land in question, allow him or them, as the case may be, to retain such land, use the same for any purpose other than that of agriculture on payment to the State Government, in addition to the urban assessment and premium' payable under sub-section (4), of such fine by way of penalty as may be prescribed.
(6) Where permission under this section is sought with respect to a land situated in an urban area, the permission shall be granted only if the desired non-agricultural purpose is permissible in accordance with the law applicable in that area and is in consonance with the master plan or any other development plan or scheme, by whatever name called, in force, if any, in that area.
(7) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, when an order granting permission under this section is passed with respect to a land situated in an urban area, on and from the date of such order,-
(a) tenancy rights over such land of the person to whom permission under this section is granted shall stand extinguished, and
(b) the land shall be deemed to have been placed at the disposal of the local authority under section 102-A and shall be available for allotment to the person to whom permission is granted under this section, or to the successors, assignees or transferees of such person, by the local authority for any permissible non-agricultural purposes in accordance with the rules, regulations or bye-laws made under the law applicable to the local authority, subject to the payment to the local authority of urban assessment or premium or both leviable and recoverable under sub-section (4).
(8) Notwithstanding anything to the contrary contained in this Act and the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955) where before 17th June, 1999 any person, holding any land for agricultural purposes in an urban area or within the urbanisable limits or peripheral belt of an urban area, has used or has allowed to be used such land or part thereof for non-agricultural purposes or, has parted with possession of such land or part thereof for consideration by way of sale or agreement to sell and/or by executing power of attorney and/or Will or in any other manner for purported non-agricultural use, the rights and interest of such person in the said land or holding or part thereof, as the case may be, shall be liable to be terminated and the officer authorized by the State Government in this behalf, shall, after affording an opportunity of being heard to such person and recording reasons in writing for doing so, order for termination of his rights and interest in such land and thereupon the land shall vest in the State Government free from all encumbrances and be deemed to have been placed at the disposal of the local authority under section 102-A and shall be available for allotment or regularization by the local authority for any permissible non-agricultural purposes in accordance with the rules, regulations or bye-laws made under the law applicable to the local authority to the persons having the local authority to the persons having possession over such land or part thereof, as the case may be, on the basis of allotment made, or Patta given, by a Housing Co-operative Society or on the basis of any document of sale or agreement to sell or power of attorney or a Will or any other document purporting transfer of land to them either by the person whose rights and interests have been ordered to be terminated under this sub-section or by any other person claiming through such person, subject to the payment to the local authority of urban assessment or premium or both leviable and recoverable under sub-section (4) :
Provided that —
(i) nothing in this sub-section shall apply to any land belonging to deity, Devasthan Department, any public trust or any religious or charitable institution or a wakf;
(ii) no proceedings or orders under this sub section shall be initiated or made in respect of lands for which proceedings under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (Central Act No. 33 o 1976), the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Act No. 11 of 1973) and the Rajasthan Land Reforms and Acquisition of Land Owners Estate Act, 1963 (Act No. 11 of 1964) are pending.
(9) Any person aggrieved by an order of an officer or authority made under this section may appeal within thirty days from the date of such order to such officer not below the rank of Collector as may be authorized by the State Government in this behalf, who shall, as far as practicable, disposed of such appeal within a period of sixty days from the date of its presentation and if he is unable to dispose of the appeal within the aforesaid period, he shall record reasons therefor. An order passed under this sub-section shall be final.
Explanation.—For the purposes of this section, —
(a) "local authority", in relation to a local area, means an authority constituted or designated for, or entrusted with the function of, planned development of that area and includes an Urban Improvement Trust constituted under the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959), the Jaipur Development Authority constituted under the Jaipur Development Authority Act, 1982 (Act No. 25 of 1982), the Jodhpur Development Authority constituted under the Jodhpur Development Authority Act, 2009 (Act No. 2 of 2009) or a Municipality constituted under the Rajasthan Municipalities Act, 2009 (Act No. 18 of 2009);
(b) "urban area" means an area falling within Jaipur region as defined in clause (8) of section 2 of the Jaipur Development Authority Act, 1982 (Act No. 25 of 1982), Jodhpur region as defined in clause (8) of section 2 of the Jodhpur Development Authority Act, 2009 (Act No. 2 of 2009) or a municipal area as defined in clause (xxxix) of section 2 of the Rajasthan Municipalities Act, 2009 (Act No. 18 of 2009) or an area specified as such in a notification issued under section 3 of the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959) or an area for which a local authority is constituted or designated under any law for the time being in force;
(c) "urbanisable limits" means the urbanisable limits indicated in the master plan or master development plan of a city or town prepared under any law for the time being in force and where there is no master plan or master development plan, the outer limits of the municipal area;
(d) "peripheral belt" means the peripheral belt indicated in the master plan or master development plan of a city or town prepared under any law for the time being in force and where there is no master plan or master development plan or where peripheral belt is not indicated in such plan, the area as may be notified by the State Government from time to time.
90B. [Omitted.]
91. Unauthorised Occupation of Land.— (1) Any person who occupies or continues to occupy any land without lawful authority shall be regarded as a trespasser and may be summarily evicted therefrom by the Tehsildar any time of his motion or upon the application of a local authority at whose disposal such land has been placed; and any crop standing, or any building or other construction erected, or anything deposited, on such land shall, if not removed within such reasonable time as the Tehsildar may from time to time fix for the purpose, be liable to be forfeited to the State and to be disposed of in the case of any such crop, in the manner he thinks fit and in other cases, as the Collector may direct :
Provided that the Tehsildar may in lieu of ordering the forfeiture of any such building or other construction, order the demolition of the whole or any part thereof.
(2) Such trespasser shall further be liable to pay for each agricultural year during the whole or any part whereof he has been in such unauthorised occupation of the land, a penalty which may extend to fifty times the annual rent, or assessment, as the case may be, for the first act of trespass. In the case of each subsequent act of trespass, he shall, by the order of the Tehsildar, be liable to commitment to civil prison for a term which may extend to three months and to pay penalty to the extent as aforesaid. The amount of such penalty shall be recovered as an arrear of land revenue.
(3) Where the trespasser ordered to be committed to civil prison under sub-section (2) satisfies the Tehsildar by whom he is ordered to be committed to civil prison that he intends to present an appeal, the Tehsildar shall order that such trespasser be released on his own bond, for such period as will afford him sufficient time to present the appeal and obtain stay order from the Appellate Court and such order shall, so long as he is so released on bond, be deemed to be suspended.
(3-A) Before taking proceedings for eviction under sub-section (2) the Tehsildar shall cause to be served in the prescribed manner on the person reported to be occupying or continuing to occupy land without lawful authority, a notice specifying such land and selling on him by a certain date either to vacate such land or to appear and show-cause why he should not be so evicted therefrom.
(4) In any of the following cases, namely —
(1) Where the trespasser does neither vacate the land nor make appearance in response to the notice issued under sub-section (3), or
(2) Where in response to such notice, the trespasser does not vacate the land and makes appearance but —
(a) does not show any such cause, or
(b) makes any representation which is rejected after such inquiry and hearing as may be necessary in the circumstances of the case, the Tehsildar shall, unless, in the case covered by clause (ii), the trespasser undertakes to vacate the land within a week's time and vacates it within such time, order the removal of the trespasser from such land and shall remove, or depute any person, to remove him thereform and take a possession thereof; and if the Tehsildar or the person so deputed is opposed or impleded in taking possession of such land, the Tehsildar shall apply to Magistrate having jurisdiction and such Magistrate shall enforce the surrender or the land to the Tehsildar.
(5) Notwithstanding anything contained in the foregoing sub-section, the Tehsildar may, in case any such land belong to the category specified in clause (ii) of the proviso to section 97, sell it, with the approval of the Sub-Divisional Officer, to the trespasser upon payment by him of the premium therefor at the rate fixed under section 96 and applicable to such land in addition to the assessment and penalty recoverable from him under sub-section (2) in respect of the whole period of unlawful occupation.
(6) Notwithstanding anything contained in sub-section.(2), —
(a) whoever occupies any land without lawful authority or, having occupied such land before coming into force of the Rajasthan Land Revenue (Amendment) Act, 1992, fails to remove such occupation within fifteen days from the date of a notice in writing calling upon him to do so by the Tehsildar shall, on conviction, be punished with simple imprisonment which shall not be less than one month but which may extend to three years and with fine which may extend to twenty thousand rupees; and
(b) whoever, being an employer of the State Government specifically entrusted by an order of the Collector in writing with the duty to stop or prevent an offence punishable under this sub-section wilfully or knowingly neglects or deliberately omits to stop or prevent such offence, shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees or with both:
Provided that, in the case of an offence under clause (a), the Court may for any adequate or special reason to be mentioned in the judgment impose a sentence of imprisonment for a term of less than one month :
Provided also that no investigation of an offence under clause (a) of this sub-sectiOn shall be made by an officer below the rank of a Deputy Superintendent o Police :
Provided further that no court shall take cognizance of an offence under Clause (b) except with the previous sanction of the Collector.
Explanation.—For the purpose of this subsection "Land" means. -
(i) a pasture land as defined in the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955); and
(ii) fond as defined in sub-clauses (iii) and (iv) of clause (a) of section 103 including land appurtenant to a public well, Nadi, Johad and Talab
92. Lands may be set apart for Special Purposes.— (1) Subject to the general orders of the state Government, the Collector may set apart land for any special purpose, such as, for free pasturage of cattle, for forest reserve, for development of abadi, or for any other public or Municipal purpose; and such land shall not be used otherwise than for such purpose without the previous sanction of the Collector.
(2) Omitted.
93. Regulation of use of Pasturage.— The right of grazing on pasturage land shall extend only to the cattle of the village or villages for which such land has been set apart and shall be regulated by rules made by the State Government.
94. Powers to regulate control and Management of forest growth.-(1) The State Government may, with a view to preventing deforestation, make rules regulating the control and management of the forest-growth on the lands of any estate or village and the exercise of any right of user over such forest-growth and may attach to the breach of such rules a penalty not exceeding one thousand rupees or, if the breach be a continuing one, a penalty not exceeding fifty rupees for each day during which such breach continues :
Provided that the penalty prescribed in the rules shall be imposed only by a criminal court of competent jurisdiction.
(2) Such Court may direct that the whole or and part of any sum recovered under the rules made under sub-section (1) shall be paid as compensation to any person or persons to whom loss or injury has been caused or that it shall be expended in such manners, the Collector, may deem fit for the benefit of the forest-growth.
(3) The Court referred to in proviso to sub-section (1) may confiscate and sell any timber or other forest produce cut or removed in contravention of any rule made under sub section (1), and may apply the proceeds of the sale to either or both of the purposes mentioned in sub-section (2).
(4) If an estate holder or any other person is guilty of any material violation of the rules made under sub-section (1), the Collector ma.), unless he is satisfied that such estate-holder or other person has taken reasonable precautions to prevent such violation and after full inquiry and after giving to the estate-holder or other person, a reasonable opportunity of being heard
(a) Proclaim that the forest-growth of the estate or village will be protected by the State Government, or
(b) issue notice to such estate-holder or other person to show cause, within a reasonable time to be specified in the notice, why he should not be excluded from the possession of the forest land.
(5) Until the proclamation made under sub-section (4), clause (a), is withdrawn, it shall be unlawful for any person to cut, or cause to be cut, for sale or for conveyance or use outside the village area, any timber or brushwood, save with the previous sanction of the Collector and in the manner and to the extent permitted by him.
(6) If not sufficient cause is shown against an order under sub-section (4) clause (b), the Collector may exclude such estate-holder or other person from the possession of the forest land and assume the direct management thereof for a term to be fixed by him:
Provided that the gross income of the forest land, of which the direct management is so assumed, shall be paid by the Collector to the estate-holder or other person enniled thereto after deducting there form such amount by way of expenditure incurred in such management as may be determined by the Collector after giving to the estate-holder or other person, a reasonable opportunity of being heard.
(7) No lease, lien, encumbrance or contract with respect to the forest land held under direct management, shall be binding upon the State Government.
94A. Roadside trees.— (1) All roadside trees which have been planted and reared by or under the orders of, or at the expense of, the State Government and all trees which have been planted and reared at the expense of local funds by the side of any road which vests in the State Government, shall vest in the State Government.
(2) In the event of such trees dying or being blown down or being cut down by order of the Collector, the timber shall be the property of the State Government.
94B. Recovery of value of trees etc. unauthorisedly appropriated.— (1) Any person who shall unauthorisedly sell and appropriate any roadside tree or any portion thereof or remove any other natural product thereof shall be liable to the State Government for the value thereof which shall be recoverable from him as an arrear of land revenue in addition to any penalty to which he may be liable under any law.
(2) The decision of the Collector as to the value of such trees or portion or product thereof shall be conclusive.]
95. Development of Abadi.— (1) The State Government may make rules for the reservation of lands to be set apart for the development of abadi, for the allotment of Nazul lands and lands so set apart for any payments to be made in respect of such lands and for the declaration of the rights of such allottees.
(2) No person shall occupy any land in the "abadi" area without first paying therefore such sums by way of premium as may be fixed under this Act.
(3) Complete rights in the abadi land may be acquired only by paying such premium.
(4) Nothing in this section shall apply to land in the abadi area which is in the lawful occupation of any person at the commencement of this Act.
(5) Where at the commencement of this Act, any person is in occupation of some land in the abadi area with limited rights he may acquire full proprietary rights over such land upon payment of such premium, as may be fixed under this Act.
(6) Any person who after the commencement of this Act occupies any land in the abadi area otherwise than in accordance with the provisions of sub-section (2) or any rules made under sub-section (1) or without proper authority makes any construction or such land separately or by way of extension of a previously existing building or construction of his adjoining land or who after such commencement makes otherwise than under proper authority any construction on any land referred to in sub-section (5) or on such land and other land in his occupation lawfully or otherwise, shall be regarded as trespasser and dealt with, as if he were a person occupying or continuing to occupy land without lawful authority.
(7) The provisions of section 91 shall apply to the person, land and construction referred to in sub-section (6) :
Provided that-
(i) The powers exercisable by a Tehsildar under sub-section (1), (2), (3) and (4) of section 91 shall be exercised by him, in the case of any land in the abadi or any land set apart for free pasturage of cattle or for development of abadi or for any other public or Municipal purpose, which has been placed at the disposal of a local authority under section 102-A or otherwise upon application made to him by such local authority or siio mow, and where the Tehsildar proposes to act suo moto, he shall give notice of such intention to the local authority concerned;
(ii) the assessment and penalty imposed under these sub-section upon the trespasser shall be credited to the fund of such local authority, and
(iii) the powers exercisable by a Tehsildar under sub-section (5) of section 91 shall be exercised, in case of any such land placed at the disposal of a local authority as aforesaid, by such local authority itself without the approval of any officer.
96. Collector to fix rates of permium.— (1) The State Government may, by notification in the Official Gazette, fix, and may from time to time similarly revise, the rates of premium to be charged of Nazul and other lands within the "abadi" area.
(2) Such rates shall be fixed consistently with rules made under this Act having regard to the site value of the land and different rates may be fixed for different areas in the same village town or city or group of villages towns or cities.
97. Auction of abadi land.— In all cases where there are more than one applicant for the same piece of land in the abadi area, it shall be sold to the highest bider at a public auction :
Provided that -
(i) it shall be open to the Collector to refuse the highest bid for reason to be recorded.
(ii) small strips of lands adjoining existing buildings shall, with the previous sanction of the Sub-Divisional Officer, be given at the rates fixed under sub-section (1) and (2) of section 96; and
(iii) auctions under this section shall be regulated by rules made by the State Government in this behalf.
98. Land granted for receptacles of household refuse, etc. and for storing fodder.— (1) Subject to rules made by the State Government in this behalf has Sub-Divisional Officer may grant in villages towns or cities free of premium or rent land of such dimensions as may be prescribed to serve as receptacles for the household refuse, stable little and cattle dropping and other rubbish and manure, and for storing fodder for cattle :
Provided that-
(i) Such land shall not be claimed as a mater of right, and shall be provided only if it is available;
(ii) the Collector shall have the right to resume any such land without paying any compensation;
(iii) the person to whom land may be granted shall not have any right of transfer by exchange, mortgage, sale, gift or bequest therein; and
(iv) the person to whom such land is granted shall abide by the orders passed under the provisions of this Act or any rules made thereunder.
(2) The land granted under sub-section (1) may be resumed under the orders of a revenue officer not below the rank of a Tehsildar, if, and when, the person to whom it has been granted contravenes any of the provisions of this section or the rules made thereunder.
99. Right to regulate the Construction of a building in a village.— The State Government may, by rules made under the Act, regulate the construction, maintenance, demolition, repairs and extension of houses and other building in such villages or towns for which no local authority has been established.
100. Sale of land in industrial and Commercial Areas.— The State Government may make rules regulating sales of lands in industrial and commercial areas and may also impose an annual assessment on such lands, wherever necessary.
101. Allotment of land for Agricultural Purposes.- (1) Save as otherwise provided elsewhere by this Act, land for agricultural purposes shall be allotted by such authority and in such manner as may be prescribed by rules made by the State Government in this behalf.
(2) All allotments of land under this section shall be subject to the payment of rent fixed at such rates as may be fixed according to custom or by usage or any law on the subject.
(3) Omitted.
(4) If there be more than one person requiring the same land, the allotment shall be made in the following order -
(i) to co-sharers of the holding if it forms part of a compact block or is irrigated from the same source, preference amongst such co-sharers being given to one having land less than the area prescribed by the rules made under the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955);
(ii) to persons residing in the village in which land be situated preference amongst such persons being given to persons having no land or less than the area prescribed by the said rules;
(iii) by drawing lots :
Provided that the area so taken together with the area held by him does not exceed the area prescribed by the said rules.
102. Power of Government to allot land for purpose other than Agricultural as well as on Special Terms.— Notwithstanding any-thing here inforce contained, the State Government shall have power to allot land for the purpose of an industry or for any purpose of public utility on such conditions as it deems fit.
102A. Land which may be Entrusted with local authorities.— Any Nazul land or land set apart under section 92 may be placed by the State Government at the disposal of a local authority having jurisdiction and such local authority may take over with the land so placed at its disposal for and on behalf of the State Government may use the same for the special purpose for which it has been set apart, to such extent and subject to such conditions and restrictions as the State Government may, from time to time, lay down and in such manner as it may, from time to time prescribe.
103. Land and abadi defined for Purposes of Chapter VI.- For the purposes of this Chapter, unless the subject or context otherwise requires,-
(a) "Land" means land belonging to all or any of the following categories :
(1) Land as defined in clause (24) of section 5 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955)
(2) land acquired under the provisions of the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act 24 of 1953) for the purpose of Government or a local authority or an educational institution while such land remains the property of Government or such local authority or educational institution as the case may be;
(3) land surveyed and recorded, whether before or after the commencement of this Act, during any proceeding relating to survey and preparation of records or otherwise, as belonging to the Government or a local authority, which is used for any public purpose such as a road or pathway,
(4) Land surveyed and recorded as aforesaid for the use of the community such as gocher, cremation-ground or graveyard,
(5) Lad in possession of the State Government or a local authority obtained by transfer or otherwise,
(6) Nazul land as defined in clause (iv) of section 3, and
(7) Land within the Abadi area vesting in a local authority or land reserved and set apart for special purposes under section 92, and includes benefits to arise cut of such land and things attached to the earth or permanently fastened to anything attached to the earth; and
(b) "abadi" or "abadi area" or "abadi land" means the populated area of a village, town or city, and includes the site of such village, town or city, land reserved and set apart under section 92 for the development of abadi therein and land held there in for building purposes whether a building has been constructed thereon or not.
104. Cases in which powers of Revenue Officers may be exercised by Local Authorities.— Where any Nazul land or land in the abadi of a village or town or any land set apart for free pasturage of cattle or for development of abadi or for any other public or Municipal purpose has been placed at the disposal of a local authority under section 102-A or otherwise the powers exercisable under section 97 or section 98 by a Collector or other revenue officer shall be exercised exclusively be the local authority concerned in accordance with rules made by the State Government in this behalf.
105. Rights of tenants under section 31, Rajasthan Act 3 of 1955, not affected.— Nothing in section 95, 96, 97, 98 and 102, shall in any way affect, take away or abridge the right conferred on tenants by section 31 of the right conferred on tenants by section 31 of in the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955), to possess in the abadi of a village a site for a residential house free of charge.
CHAPTER 7
Survey and Record Operations
A. General
106. Survey or re—survey.-The State Government may direct, by notification in the Official Gazette that the survey or resurvey of any local area shall be made and every such local area shall, from the date of the said notification, be held to be under survey and record operations until the issue of another notification declaring such operations to be closed therein.
107. Record Operations.— The State Government may likewise direct, in respect of any local area which has already been surveyed, that a general or partial revision of the records of such local area shall be made and thereupon such local area shall be held to be under record operations until such operations are similarly closed.
108. Record Officers.— The State Government upon the issue of a notification under section 106 or section 107, -
(i) shall appoint an Additional Land Records Officer to be incharge of the operations referred to therein, unless a permanent Additional Land Records Officer shall have been appointed to the area brought under such operations, and
(ii) may appoint as many Assistant Land Records Officers as to it may seem fit.
109. Mode of conducting operations.— The operations referred to in section 106 and 107 sh ill be incharge of the Director of Land Records and shall be conducted in the manner prescribed by the State Government.
B. Boundary Marks
110. Assistance in survey of Boundaries.- (1) When any area is under survey and record operations, the Land Records Officer mall issue a proclamation informing all estate-holders and tenants of such area that they are bound to render such assistance as may be required of them in the survey of the boundaries of the village as well as the boundaries of the fields therein.
(2) The Land Records Officer may issue a proclamation directing all estate holders and tenants of the area under survey and record operations to correct within fifteen days such boundary marks as he may think necessary to define the limits of their villages, estates or fields, and in default of their compliance within the time specified in the proclamation, he may himself cause such boundary marks to be erected at their cost.
111. Decision of disputes as to boundaries.—(1) In case of any dispute concerning any boundaries the Land Records Officer shall decide such dispute, so far as possible, on the basis of the existing survey maps and, where this is not possible or such maps are not available, on the basis of actual possession.
(2) If, in the course of an inquiry into a dispute under this section the Land Records Officer is unable to satisfy himself as to which party is in the possession or it if is shown that possession has been obtained by wrongful dispossession of the lawful occupants within a period of three months previous to the commencement of the inquiry, the Land Records Officer shall ascertain by summary inquiry who is the party best entitled to possession and shall then fix the boundary accordingly.
C. Maps and Field Book
112. Preparation of map and field book..— In respect of every local area or part thereof under survey and record operations, the Land Records Officer shall, in accordance with rules made by the State Government in that behalf, prepare for each village or portion of a village comprised in such area or part a map and a field book,
D. Record of Rights
113. Preparation of record of rights.— In respect of every local area under survey and record operations or only under record operations the Land Records Officer shall framer for each village or portion of a village comprised therein a record of rights.
114. Contents of record of rights.— The record of rights shall be prepared in such, manner as may be prescribed by the State Government and shall consist of the following, namely —
(a) a khewat, that is to say, a register of all estate-holders in the area under survey and record operations or under record operations, specifying the nature and extent of the interest of each and his co-sharers, mortgages in possession and persons holding land from him otherwise than as tenants, if any;
(b) a khatauni, that is to say, a register of all persons cultivating or otherwise holding or occupying land in such area, specifying the particulars required by section 121;
(c) a register of all persons holding land in such area free of rent or revenue; and
(d) such other registers as may be prescribed.
115. Inviting claims to land appearing to have no owner.—(1) When any local area is under survey and record operations or only under record operations, the Land Records Officer shall make lists of all lands in such area which appear to him to have no lawful owner and shall thereupon issue a proclamation declaring his intention to demarcate such lands as the property of the State and inviting any person having any claims to or over them to present, within three months from the date of such proclamation, a petition in writing setting forth such claims and the ground therefor.
(2) If any such petition is presented the Land Records Officer shall decide it summarily after making such inquiry as he deems necessary.
116. Procedure when unclaimed land is used for common purposes.— If no claim is made to such land as is mentioned in section 115 or if such land is decided to be the property of the State but the inhabitants of the adjoining village or village prove that they have thereto fore enjoyed the use of such land tor pastural or other agricultural purposes, the Land Records Officer may assign to such village or villages so much of such land as he may consider requisite for such purposes and shall mark off the remainder as, and declare it to be, the property of the State.
117. Procedure when limited right over such land is established.— If a claim to the exercise or enjoyment of any right, not amounting to the right of exclusive possession, in to or over any land comprised in the proclamation issue under section 115 is established, the Land Records Officer may assign to the claimant as his property a definite portion of such land or with the sanction of the State Government, otherwise compensate the claimant in accordance with the provisions of the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act XXIV of 1953) and such assignment or compensation shall be held to extinguish all claims on account of such exercise or enjoyment.
118. Determination and record of khudkasht land.-The Land Records Officer shall ascertain and determine the extent of all land held a Khudkasht and shall record the same as such.
119. Determination of the abadi of a village.— The Land Records Officer shall, in the case of every inhabited village, ascertain and determine the area to be reserved for the residence of the inhabitants thereof or for purposes, ancillary thereto and such area shall be deemed to be the abadi of such village.
120. Register of villages.— The Land Records Officer shall prepare in the prescribed form a list of all villages in the area under survey and record operations or under record operations showing therein in the prescribed manner
(a) the area liable to fluvial action,
(b) the area having precarious cultivation,
(c) the revenue or rent assessed thereon and the person through whom it is payable, and
(d) the area of which the revenue or rent has, either wholly or in part been released, remitted, redeemed, assigned or compounded specifying the authority therefore, and the conditions thereof.
121. Particulars to be stated in khatauni.— (1) The register of persons cultivating or otherwise holding or occupying land, prescribed by clause (b) of section 114, shall specify as to each tenant the following particulars, namely : -
(a) the nature and class of his tenure as determined in accordance with the provisions of the Rajasthan Tenancy Act, 1955 Rajasthan Act 3 of 1955) or any other law or enactment for the time being in force in the whole or any part of me State,
(b) the amount of premium, if any, paid by him for the acquisition of khatedari rights,
(c) the date of the khatedari parcha, and the transfers, if any, made by him, together with all the particulars of such transfers,
(d) the khasra number of each filed comprised in his holding and the area thereof,
(e) the annual rent payable by him,
(f) any other condition of the tenure whether contained in a written lease or not,
(g) the case of a person other than a khatedar tenant, the number of years during which he has held the land then in his possession, and
(h) such other particulars as may from time to time be prescribed.
(2) The register shall also specify the estate-holders (if any) holding land as khudkasht in accordance with the provisions of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) (or any other law or enactment for the time being in force in the whole or any part of the State, and shall state with respect to such land the number of years during which they have so held it.
122. Attestation of entries.— All undisputed entries in the record of rights shall be attested by the parties interested,—
123. Omitted.
124. Procedure when rent or revenue payable is disputed.— in case of any dispute regarding the rent or revenue payable, the Land Records Officer shall not decide the dispute, but shall record, as payable for the year in which the record of right is framed, the rent or revenue payable for the previous year, unless it has been enhanced or abated by a decree, order or agreement under this Act or under the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955).
125. Omitted.
126. Existing records to be acted upon.— Until a new map and a filed book are prepared under section 112 or until a new record of rights is framed under section 114, the existing map, field book and record of rights, if any, shall be the map, field book and record of rights of the area concerned.
127. Proceedings pending upon close of survey and record operations.— When the survey and record operations, or the record operations, as the case may be, are closed by a notification under section 106 or section 107, all applications and proceeding then pending before the Additional Land Record Officer shall, if such officer has not been appointed permanently, be transferred to the Collector.
E. Maintenance of Maps and Records
128. Boundary disputes.— All disputes concerning boundaries shall be decided by the Land Record Officer in the manner laid down in section 111 :
Provided that applications in relation to boundaries of fields may be made to and disposed of by the Tehsildar in cases where there exists no dispute as to such boundaries but on account of the absence of proper boundary marks there is the likelihood of such a dispute arising.
129. Obligation of holders as to boundary marks.— (1) All holders of villages, estates or fields shall be bound to maintain and keep in repair at their own cost the permanent boundary marks lawfully erected thereon, and the Land Record Officer may at any time order such holders -
(a) to erect proper boundary marks on such villages, estates or fields, or
(b) to repair or renew in such form and material as he may prescribe all boundary marks lawfully erected thereon.
(2) If such order is not complied with within thirty days from the communication thereof, such officer shall cause such boundary marks to be erected, repaired or renewed and shall recover the charges incurred from the holders concerned in such proportion as he think fit.
(3) In cases of boundaries of fields where there is not dispute as to such boundaries, action under sub-section (1) and (2) may be taken by the Tehsildar upon an application made to him or otherwise.
130. Penalty for injury to, or removal of marks.— The Land Record Officer may order any person found to have wilfully erased, removed or damaged a boundary or survey mark to pay such sum, not exceeding fifty rupees for each mark so erased, removed or damaged, as may be necessary to restore it and to reward the informer. When such sum cannot be recovered, or if the offender cannot be discovered, the Land Record Officer shall restore the mark and recover the cost thereof from such land-holders of the conterminous villages, estates or fields, as the case may be, as he thinks fit.
131. Maintenance of map and field book.— After the survey and record operations are over, the map and the field book shall be maintained by the Land Record Officer in accordance with the rules made by the State Government in that behalf, and he shall cause, annually or at such longer intervals as the State Government may prescribe, to be recorded therein all changes in the boundaries of each village or portion of a village, estate or filed and shall correct any errors which are shown to have been made in such map or field book.
F. Annual Registers
132. Annual Registers.— (1) The Land Record Officer shall maintain the record of rights and for that purpose shall, annually or at such longer intervals as the State Government may prescribe, cause to be prepared a set or an amended set, as the case may be, of the registers enumerated in sections 114 and 120 and the registers so prepared shall be called the annual registers.
(2) The hand Record Officer shall cause to be recorded in the annual registers in the prescribed manner, all changes that may take place and any transaction that may affect any of the rights or interests recorded.
133. Report of succession and transfer of possession.— (1) Every person obtaining possession by succession, transfer, or otherwise of any property or other right or interest in any land or the profit thereof, which is required by this Act, or any rules made thereunder to be recorded in the annual registers, shall bring the fact to the notice of the village Patwari and report it to the Tehsildar of the Tehsil in which such land is situated either Director through the village Patwari or Land Record Inspector, within three months from the date on which he obtains such possession.
(2) If such person is a minor or otherwise disqualified, the guardian or other person who has charge of such person's property shall make such report.
134. Fine for neglect to report.— Any person neglecting to make the report required by section 133 shall be liable to a fine not exceeding rupees ten.
135. Procedure on report.— (1) The Tehsildar, on receiving such reporter upon the facts coming otherwise to his knowledge, shall make such inquiry as appears necessary and in undisputed cases, if the succession or transfer or other acquisition appears to have taken place, shall record the same in the annual registers.
(2) If the succession or transfer or other acquisition is disputed, the Tehsildar shall, if competent under this Act or any other law for the time being in force, decide such dispute according to law and if not so competent, refer the dispute to any other officer so competent for decision.
136. Correction of errors.— The Land Record Officer may, at any time, correct or cause to be corrected in the prescribed manner any clerical errors and any errors which the parties interested admit to have been made in the record of rights or register, or which a Revenue Officer may notice during the course of his inspection in any Register :
Provided that when any error is noticed by a Revenue Officer in any record of rights during the course of his inspection, no error shall be corrected unless a notice to show cause has been given to the parties.
137. Succession to estates.— Notwithstanding anything contained in this Act succession to, and transfer of, an estate shall be governed and regulated by and be determined in accordance with the law, usage or practice of the local area in which such estate lies, and such law, usage or practice shall, notwithstanding the provisions of section 263,
continue in force for the purpose aforesaid.
G. Miscellaneous
138. Inspection of records.— All maps, field books and registers prepared under this Act, shall be open to public inspection free of cost at such hours, at such places and on such conditions as the State Government may prescribe.
139. Copies of entries.— The Patwari shall, when so required, prepare and issue copies of entries from the registers and records maintained under this Chapter on payment of such copying fees as may from time to time be prescribed by the State Government and such copies shall be attested in the prescribed manner.
140. Presumption as to entries.— All entries made in the record of rights shall be presumed to be true until the contrary is proved.
140A. Procedure in dispute relating to Khudkasht entries.— (1) Notwithstanding anything contained in section 125 and 136, where a dispute arises as to the correctness or otherwise of any entry in the record of rights relating to Khud-kasth in respect of any Bir or Jore which was used by a Jagirdar as a grass preserve and let out for grazing either after the grass was cut or removed or before, with or without any grazing fee, the decision of such dispute shall be based on possession of the particular piece of land as Khudkasht in accordance with the provisions of the law for the time being in force regulating and governing the allotment and demarcation of land as Khudkasht :
Provided that no such entry shall be liable to be called in question if the total area of Khudkasht in the possession of the Jagirdar does not exceed twice the minimum area prescribed for the purposes of clause (a) of sub-section (1) of section 180 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955).
(2) An application or proceeding under sub-section (1) for the correction of an entry relating to Khudkasht made in the record of rights on or before the commencement of the Rajasthan Land Revenue (Amendment) Act, 1959 may be presented or started within five years from the date of such commencement and not later.
141. Decisions to be binding on revenue courts.— Subject to the provisions of sub-section (3) of section 125, all decisions under this Chapter in cases of dispute shall be binding on all revenue Courts in respect of the subject-matter of the dispute unless such dispute be with regard to the rent or revenue payable by a tenant.
CHAPTER 7
A-Survey of Abadi Areas
141A. Definitions.— For the purpose of this Chapter, unless the subject or context otherwise requires
(a) "abadi area" has the meaning assigned to it by clause (b) of section 103;
(b) "land" has the meaning assigned to it by clause (a) of section 103;
(c) "owner" includes -
(i) the person having permanent interest in any land or premises, or
(ii) an agent of, or a Manager on behalf of, such person, or
(iii) a trustee of such person, or
(iv) a body corporate in which any land or premises is vested for the time being, or
(v) the occupier for the time being of any land or premises;
(d) "premises" means any land or building described as such in any record prepared under this Chapter or in any other previously existing record; and
(e) "survey" includes identification of boundaries and all other operations antecedent to, or connected with, survey.
141B. Power to order survey.—(1) The State Government may, whenever it think fit, order, by notification in the Official Gazette, that a survey shall be made of any abadi area with in the State or any part of such abadi area and every such abadi area or part thereof shall thereupon be deemed to be under survey.
(2) The State Government may, by the same or a subsequent notification, direct that a local authority having jurisdiction over such abadi area or part thereof shall be in charge of the survey so ordered.
(3) A local authority incharge of such survey, shall, in relation thereto, exercise such powers and perform such duties under this Chapter or otherwise as may be specified in the notification referred to in sub-section (2).
(4) Where no local authority is directed to be incharge of any survey ordered under Sub section (1), the Collector of the district shall be in charge of such survey.
(5) A survey ordered under sub-section (1) shall be conducted in the prescribed manner by an officer not below the rank of an Additional Land Records Officer to be appointed by the State Government, and such officer is hereinafter referred to as the officer conducting the survey.
(6) The State Government may appoint as many Assistant Records Officers and other officers and servants as it may think necessary to assist the officer appointed under sub-section (5) to conduct the survey.
(7) Every officer or servant appointed under sub-section (6) shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the officer conducting the survey.
141C. Entry upon land.— The Officer conducting the survey shall, for the purposes of this Chapter, have power, either by himself or by other officers or servants employed in the survey, to enter, between the hours of sunrise and sunset, upon any land or premises within the adadi area or part thereof under survey, without being liable to any legal proceedings what so ever on account of such entry or of any thing done on such land or premises in pursuance of the provisions of this Chapter :
Provided that no such entry shall be made upon and land or premises which may be occupied at the time, unless with the consent of the occupier thereof, or without previously giving the said occupier twenty-four hours notice of the intention to do so.
141D. Notice of survey may be given before hand.— Before entering on any land or premises for the purposes of survey the officer conducting the survey may cause a notice in writing under his hand to be served on the owner of the land or premises about to be surveyed and on the owners of conterminous lands or premises, calling upon them to attend either personally or by agent on such land or premises before him or before such officer as may be authorised by him in that behalf within a specified item (which shall not be less than three days after the service of such notice) for the purposes of pointing out boundaries and of affording such information as may be needed for the purposes of this Chapter, and every person on whom such notice may be served shall be legally bound to attend as required by the notice and to give any information which may be required so far as he may be able to give it.
141E. Survey may be proceeded with after service of notice under section 14-D.—After due service of the notice issued under section 141-D -
(i) the officer conducting the survey or any other officer or servant authorised by him in this behalf may proceed with the survey whether the persons upon whom such notice has been served are present or not, and
(ii) every such person who fails so to appear or is not so present shall be bound by the results of the survey in the same manner and to the same extent as if the survey were made in his presence.
141F. Survey map and register.— (l) The officer conducting the survey shall prepare a map of the abadi area or part thereof under survey.
(2) Lands and premises in such abadi area or part thereof shall be shown on the map separately in the prescribed manner.
(3) To every piece of land and to every premises shown separately on the map an indicative survey number shall be assigned.
(4) The officer conducting the survey shall also prepare for the abadi area or part thereof under survey a register of all lands and premises therein which have been surveyed.
(5) The register prepared under sub-section (4) shall specify, in relation to each indicative survey number assigned under sub-section (3), the name of the person or persons appearing at the time of the survey to be the owner thereof and such other particulars as may be prescribed.
141G. Erection of boundary marks.— The Officer conducting the survey may at any time cause to be erected, on any land which is to be or has been, surveyed under this Chapter, temporary or permanent boundary marks of such material and in such number and manner as he may determine to be sufficient for the purpose of the survey:
Provided that no permanent boundary marks shall be erected which the boundary is defined by a permanent building, wall or fence.
141H. Maintenance of temporary boundary marks.-(1) When any temporary boundary mark has been erected under section 141-G the office conducting the survey may cause a notice in writing under his hand to be served on the owner of the land or premises whereon, or adjoining which, such boundary situate, requiring him to maintain and keep in repair such boundary mark till the survey had been completed.
(2) Should such owner not comply with such notice, the officer conducting the survey nay repair the boundary mark and the expense incurred in doing so shall be recoverable from such owner as an arrear of land Revenue.
141I. Disputes as to boundaries.— (1) If in the course of a survey under this Chapter a dispute is found to exist as to the boundaries of any land or premises to be surveyed, an inquiry shall be held by an Assistant Records Officer' authorised in this behalf for the purpose of determining such dispute.
(2) Such Assistant Records Officer shall cause a notice in writing under his hand to be served on the parties concerned requiring them to appear before him, in person or by an authorised agent, on a specified day and to produce evidence of possession of the land or premises in dispute.
(3) On the specified day or on such other day to which the hearing may be adjourned, the Assistant Records Officer shall hear the parties, receive the evidence produced by them respectively, consider the effect of such evidence, take such further evidence as he may think necessary, and, without reference to the merits of the claim of any of such parties to a right to possess the land or premises in dispute, decide which of the parties is in possession of the said land or premises at the time of the survey.
(4) For the purposes of the inquiry aforesaid the Assistant Records Officer shall have power to summon and enforce the attendance of witnesses and compel the production of documents by the same means and in the same manner as is provided in the case of a Court under the Code of Civil Procedure, 1908 (Central Act V of 1908).
(5) After the inquiry has been completed, the Assistant Records Officer shall pass an order in writing defining clearly the subject of dispute and recording his decision thereon and the reasons for such decision.
141J. Appeal to the Collector.— An appeal shall lie from an order passed by an Assistant Records Officer under section 141-1 to the Collector and may be preferred within thirty days from the date of such order.
141K. Power to refer to arbitration.— (1) In every case of disputed boundaries the Assistant Records Officer authorised to hold the inquiry may, on the written application of the parties, refer the dispute to one or more arbitrators nominated by the parties respectively, and shall fix such time, and allow such extension of time, as may seem reasonable for the delivery of award :
Provided that, if it appears to the Assistant Records Officer that the State Government or a local authority is interested in any such dispute, he shall refuse to make such reference.
(2) To every reference made under subsection (1) and to every arbitrator nominated thereunder, the provisions of the Arbitration Act, 1940 (Central Act 10 of 1940) shall, so far as may be, apply.
141L. Documents connected with survey to be sent to officer or authority in charge of survey.—(1) After the survey of the abadi area or part thereof under survey has been completed, the officer conduction the survey shall send all maps, registers, and other documents connected with such survey to the officer or authority in charge thereof.
(2) The fact of receipt of such maps, registers and other documents shall be notified by such officer or authority in the Official Gazette and any person interested in the survey may, at any time within two months from the date of such notification inspect such maps, registers and other documents free of charge.
(3) If during such period any objection to they survey is lodged with the officer or authority in charge of the survey, such objection shall be decided by such officer as the State Government or, where a local authority is incharge of the survey, such local authority with the approval of the State Government, may appoint in this behalf.
(4) After all objection lodged under sub-section (3) have been decided, the officer or authority in charge of the survey shall, if necessary, cause the maps, registers and other documents connected with the survey to be corrected in accordance with such decision and shall submit, with his or its recommendation, all papers to the State Government for approval of the survey.
(5) If the State Government approves the survey, such approval shall be notified in the Official Gazette.
141M. Maintenance of maps and registers.—(1) All maps, registers and other documents connected with the survey approved by the State Government under sub—section (5) of section 141-L shall be deposited in the office of the officer or authority in charge of the survey.
(2) All such maps, registers and other documents shall be maintained by such officer or authority in the prescribed manner.
(3) Such officer or authority shall cause such maps to be revised, and the entries in such registers to be corrected, in the prescribed manner and at prescribed intervals, by such officer as may be appointed in this behalf or with the approval of the State Government :
Provided that no person shall be required for the purposes of such revision or correction to give notice to such officer or authority of his acquisition of any interest in any land or premises.
(4) The officer appointed under sub-section (3) for the purpose of revising any map or correcting entries in any register shall exercise such powers as may be prescribed.
141N. Survey fees.—(1) The owner of any land or premises which has been surveyed under this Chapter shall be liable to pay to the officer or authority in charge of the survey a survey fee at such rate, in such manner, within such time after the completion of the survey and to such extent as the State Government may prescribe and any survey fee not so paid shall be recoverable as an arrear of land revenue :
Provided that —
(a) (a) the aggregate amount of the survey fees leviable from owners of lands and premises in the adabi area or part thereof under survey shall not exceed 1/3 of the total cost of the survey, and
(b) no survey fee shall be payable -
(i) by the State Government or by a local authority, or
(ii) in respect of any land or premises in the abadi area or part thereof under survey exceeding in area or value such limits as may be prescribed, or
(iii) in respect of lands or premises held exclusively for religious worship or charitable purposes.
(2) Every owner of land or premises who has paid the survey fee under this section shall be entitled to receive free of charge, and every owner of land or premises who is not liable to pay such survey fee shall be entitled to receive on payment of such charges as may be prescribed, a certified extract from the map and a certified extract from the map and a certified extract from the register prepared under this Chapter so far as they relate to such land or premises.
141O. Cost of Survey.— Subject to the provisions contained in section 141-N, the cost of every survey made under this Chapter shall be met -
(i) in case a local authority is in charge of such survey, by such local authority, and
(ii) in other cases, by the State Government :
Provided that in the case covered by clause (i) the State Government may agree-
(a) to pay a portion of such cost out of the Consolidated Fund of the State, or
(b) to advance a loan to a local authority for meeting such cost upon such terms and conditions as to rate of interest, period of repayment, security and the like, as may be mutually agreed upon.
141P. Penalty for failure to comply with requisition in notice.— Whoever fails to comply with a requisition contained in any notice issued under this Chapter and duly served shall be liable to a fine not exceeding one hundred rupees.
141Q. Inspection of and copies of extracts form maps, registers and other documents.- (1) All maps, registers and other documents referred to in sub-section (1) of section 141-M shall be open to public inspection in such manner, within such hours, at such places, subject to such conditions and on payment of such fees as the State Government may prescribe.
(2) Certified copies of, or of extracts from such maps, registers and documents shall be granted on payment of such copying fees and in such manner as the State Government prescribe.
141R. Rules.— The State Government may, by notification in the Official Gazette, make rules not inconsistent with the provisions of this Chapter -
(i) for the preparation of maps and registers, the form thereof, and the collection and record of information in respect of any land or premises within the abadi area under survey,
(ii) for the regulation of all proceedings to be taken under this Chapter,
(iii) for the manner of all inquiries to be made thereunder,
(iv) for the regulation of all matters which are required to be, or may be prescribed under this Chapter, and
(v) generally for the proper performance of all things to be done thereunder and the carrying out of the purposes and provisions thereof.
141S. Proceedings not to be affected by informality.— No proceedings under this Chapter shall be affected by reason of any informality provided the provisions thereof be in substance and effect complied with and no proceedings under this Chapter shall be affected by reason of the omission to survey any notice required by or under this Chapter to be issued and served.
141T. Presumption as to maps and entries in registers.— All maps and all entries made in the registers, prepared under this Chapter, shall be presumed to be correct unless the contrary is proved :
Provided that no such map or entry shall affect the right, title or interest of any persons to or in any land or premises or shall preclude him from enforcing such right, title or interest in a competent court in accordance with law.
CHAPTER 8
Settlement Operations
A. General
142. Settlement or re—settlement.—(1) The State Government may, be notification in Official Gazette, order any district or other local area to be brought under Settlement or re-settlement as the case may be.
(2) Every such district or other local area shall be held to be under Settlement operations from the date of the notification under sub-section (1) unit the issue of another notification declaring such operations to be closed therein.
143. Probable results of re—settlement.- When the period for which the land revenue of a district or other local area has been settled is about to expire, the State Government may cause a forecast of the probable results of re-settlement to be prepared before issuing a notification under sub-section (1) of section 142.
144. Consideration which shall determine whether re-settlement shall be made.— In deciding whether a district or any other local area shall be brought under resettlement the State Government shall consider,—
(1) whether a reasonable increase or decrease of revenue is likely to result;
(2) whether, in case there is a prospect of such an increase there are satisfactory reasons for postponing re-settlement;
(3) whether the existing assessment has become uneven or is unduly severe or whether other sufficient reasons exist for entering without the prospect of a reasonable increase of revenue upon the work of re-settlement :
Provided that an increase of revenue which will re-coup the expenditure on resettlement 'n ten years shall ordinarily be deemed to be reasonable.
145. Settlement Officers.— The State Government upon the issue of a notification under sub-section (1) of section 142,-
(1) shall appoint a Settlement Officer to be incharge of the operations referred to in sub-section (2) of section 142 unless a permanentSettlement Officer shall have been appointed to the district or other local area under such operation, and
(2) may appoint as many Assistant Settlement Officer as it may deem necessary.
146. Transfer of duties of Land Records Officer to Settlement OffiCers.— When any district or other local area is under Settlement operations, the duty of maintaining the maps and field books and preparing the annual registers may be transferred under the orders of the State Government from the Land Records Officer, to the Settlement Officer, who shall thereupon exercise all the powers conferred on the Land Records Officer by Chapter VII.
147. Rules.— The State Government may, by notification in the Official Gazette make rules for the procedure of Settlement Officer in Settlement operations.
B. Rent Rates
148. Economic survey.— When any district or other local area has been brought under Settlement operations, the Settlement Officer shall carry out an economic survey of the condition of the tenants in such district or area and in doing so shall have regard particularly to the following matters, namely
(a) extent to which the district or area is protected by irrigation, and increase, if any, in irrigation facilities since the last settlement, if any;
(b) standard of cultivation; and increase or decrease in cultivated area since the last settlement, if any;
(c) expenses of cultivation and the cost to the cultivator of maintaining himself and his family;
(d) existence of markets in, or in the vicinity of, the district or area under settlement;
(e) means of communication and improvements, since the last settlement, if any;
(f) size of the holding;
(g) extent of indebtedness among tenants and credit facilities.
149. Formation of assessment circles or groups.— (1) Simultaneously with, or soon after the completion of, the economic survey referred to in section 148, the Settlement Officer shall form assessment circles or assessment groups in the district or area under settlement operations.
(2) In forming assessment circles or assessment groups. the Settlement Officer shall have regard to homogeneity in respect to the matters specified in section 148 and of the following further matters namely : —
(a) physical configuration;
(b) climate and rainfall;
(c) population and availability of labour;
(d) agricultural resources;
(e) nature of the principal crops grown, along with the quantity of produce thereof as well as prices thereof prevailing in the market;
(f) the rates at which rents are being paid for holdings; and
(g) the assessment circles or assessment groups formed during the last settlement, if any.
150. Soil classification.— The Settlement Officer shall also divide villages in each assessment circle or assessment group formed under section 149 into various sol classes in accordance with rules made in that behalf.
151. Evolution of rent-rates.— The Settlement Officer shall then evolve suitable rent-rates for each class of soil in each assessment circle or assessment group, as the case may be.
152. Basis of rent-rates.— (1) With a view to arriving at fair and equitable rent-rates under section 151 the Settlement Officer shall have regard to —
(a) the collections from rent and cesses in the nature of rent during the twenty years preceding the settlement, excluding such years as the State Government may, by notification in the Official Gazette, declare to he abnormal;
(b) the average of the prices of agricultural produce prevailing during the twenty years preceding the settlement, excluding such years as the State Government may, by notification in the Official Gazette declare to be abnormal;
(c) the nature of crops grown and the average quantity of the produce;
(d) the value of such produce at the average price referred to in clause (b);
(e) the expenses of cultivation and the cost to the cultivator of maintaining himself and his family;
(f) the area of land kept fallow each year out of each holding, rotation followed and periods of rest;
(g) the frequency of remissions, suspensions and short collections;
(h) the rent-rates of the last settlement, if any; and the share of produce and commutation prices at which such rates were evolved; and
(i) the rent-rates, if any, sanctioned for similar classes of soil in the adjoining areas.
(2) The rent-rates to be evolved by the Settlement Officer shall represent such share not exceeding one-sixth of the value of produce referred to in clause (d) of sub-section (1), as may be in vogue in the areas to which such rent-rates shall relate.
153. Modifications of rates.— The Settlement Officer shall also record for each village whether the rent-rates evolved by him therefore are applicable without modification or the extent to which they require modification either for the village as a whole or for a specified area or a specified soil class therein.
154. Matters to be determined and recorded.— The Settlement Officer shall, subject to any rules made in this behalf by the State Government under this Act, determine and record -
(a) Whether rent shall be payable in one instalment or more,
(b) in case rent is payable in more than one instalment, -
(i) the number of such instalments, and
(ii) the proportion thereof payable in each instalment,
(c) the date for payment of rent or each instalment of rent, as the case may be, and
(d) any other matter which he may be directed by such rules to determine and record.
155. Publication and submission of proposals.— (1) When rent-rates have been evolved in accordance with sections 152 and 153, the Settlement Officer shall publish his proposals in respect thereof, along with the basis of the rent-rates evolved by him, in such manner as may be prescribed.
(2) The Settlement Officer shall then give a public notice in the prescribed manner inviting objections to the proposals published under sub-section (1) within the time specified in such notice.
(3) If within the time prescribed in sub-section (2), any objections are received, the Settlement Officer shall consider them and may amend his proposals in such manner as the thinks fit.
(4) The Settlement Officer shall then submit the proposals, along with the objections received and the orders passed by him thereon, to the Settlement Commissioner.
156. Sanction of proposals.— (1) The Settlement Commissioner shall scrutinise the proposals received under section 155 and make such inquiry in any of the matters contained therein as he may think necessary.
(2) He shall then submit the proposals to the Board alongwith his remarks and recommendations in respect thereof.
(3) On receipt of the proposals submitted under sub-section (2) the Board may direct further inquiry into any of the matters contained therein.
(4) After such further enquiry, if any, as is referred to in sub-section (3), has been made or held, the Board shall submit the proposals for the sanction of the State Government either without any modification or with such modifications in the proposed assessment circles or assessment groups, soil classes and rent-rates as it may, for reasons to be recorded in writing think necessary.
(5) The State Government may —
(i) sanction the proposals as recommended by the Board, or
(ii) direct such further enquiry to be made as it may deem necessary, or
(iii) return the proposals for the reconsideration for the Board, or
(iv) sanction the proposals with such modifications as it may deem fit; and the rent-rates so sanctioned shall be the sanctioned rent-rates.
C. Determination of Rents
157. Assessment of rents.— On the basis of the sanctioned rent-rates, the Settlement Officer shall proceed to assess rent payable, whether by way of abatement, enhancement, commutation or otherwise of the existing rent, for each holding in the district or area under settlement operations.
158. Land to be excluded from assessment.— The Settlement Officer shall exclude from assessment all land of the following descriptions, namely : —
(i) land occupied by buildings with their appurtenances;
(ii) permanent threshing floors;
(iii) .grave-yards, cremation ground and play grounds;
(iv) permanent roads and pathways; and
(v) unculturable land.
159. Allowance for improvements.— Where an improvement has been lawfully made in or in relation to, a holding by or at the cost of a tenant, the Settlement Officer shall assess the rent therefore under section 157 in a manner so as to ensure to such tenant the enjoyment of the full benefits arising from such improvement for the period of twenty years in the aggregate, commencing, from the date on which the improvement was completed, and the tenant shall not be liable during such period to any enhancement of rent for increased produce or otherwise arising from such improvement.
160. Existing rent to be taken into consideration while assessing rent.-In assessing the rent for the assessable area of a holding under section 157, the Settlement Officer shall also have regard to the rent actually being paid and also to the difference between such existing rent and the valuation of the holding at the appropriate sanctioned rent-rates.
161. Limits of enhancement.— Where the rent for a holding assessed under section 157 exceeds the existing rent thereof, such existing rent shall not be enhanced by more than one fourth thereof, subject to the condition that the rent so assessed shall in no case be less than three-quarters of the valuation of the holding at the appropriate sanctioned rent-rates.
162. Progressive enhancement.— Where the rent for a holding assessed under section 157 read with section 161 exceeds one-fourth of its existing rent and three-quarters of its valuation at the appropriate sanctioned rent-rates such excess shall be ordered to take effect by annual increments extending over a number of years not exceeding three, and the full rent so assessed shall become payable on the expiry of such number of years.
163. Additional provision for assessment of Chahi holdings.-(1) When assessing rent under section 157 for the assessable area of Chahi (well irrigated) holding in the manner specified in sections 159 to 162, regard shall also be had to the areas thereof cultivated as Chahi, cultivated as dry and kept fallow each year and such rent shall be the aggregate of the rents calculated in respect of the average of the areas of the holding cultivated Chahi, cultivated as dry and kept fallow during the last five years at the appropriate sanctioned rent-rates respectively for Chahi, dry and fallow lands.
(2) Nothing in sub-section (1) shall apply to cases in which the area of any holding is found to have been intentionally kept fallow or cultivated as dry with a view to avoid the proper assessment thereof and such area shall for the purpose of assessment be deemed to have been cultivated as Chahi.
164. Preparation and distribution of Parchas.— (1) When rents have been assessed as hereinbefore provided, the Settlement Officer shall cause assessment parchas to be prepared for all holding in the district or other area under settlement operation.
(2) An assessment parcha for a holdings shall show separately :
(a) the tenure of such holding,
(b) the khasra number of each field therein and its area,
(c) the soil class of each field comprised in the holding,
(d) the sanctioned rent-rate for each such soil class,
(e) the rent assessed by the Settlement Officer under section 157, in respect of each soil class in such holding,
(f) the improvement, if any, for which allowance has been made under section 159, and
(g) the total amount of rent assessed for each holding, along with any adjustment or orders made under sections 161 and 162.
(3) Every parcha so prepared shall be made over to the tenant concerned and a copy thereof shall be supplied to the land-hold concerned, if any, in the prescribed manner.
(4) When all the assessment parchas have been distributed in the manner laid down in and under sub-section (3), the Settle-ment Officer shall issue a proclamation inviting objections thereto, if any.
165. Interim stoppage of recovery of kind rents.— (1) If, at any time after the commencement of the agricultural year during which assessment parchas are likely to be distributed under sub-section (3) of section 164 in any district or local area, the Settlement Officer is satisfied that on account of strained relations between lad-holders and tenants in such district or area or for any other sufficient reason, it is expedient to stop the recovery of rents in kind therein, he may make a recommendation in that behalf to the State Government.
(2) The Settlement Commissioner shall submit the recommendation of the Settlement officer to the State Government with such remarks as he may deem fit.
(3) The State Government may accept the recommendation or pass such order thereon as it may deem fit.
(4) The order of the State Government under sub-section (3) stopping the recovery of rents in kind in any district or local area shall be published in the prescribed manner and shall direct-
(a) that no land-holder in such district or area shall recover rent in kind from the commencement of the agricultural year during which the order is made, and
(b) that, pending the determination of cash rents under section 166, a land holder in such district or local area may, in lieu of the rents in kind recover such cash rent for each holding as may be stated in the assessment parcha to be the total amount of rent assessed therefor :
Provided that the cash rent so recovered shall he liable to adjustment in accordance with the rent finally determined under section 166.
(5) An order stopping the recovery of rents in kind under this section shall be passed only if such rents for the Kharif harvest of the year in which it is passed have not been realised.
166. Hearing of objections and determination of rent.- If the tenant or the land holder presents an objection within thirty days of the issue of proclamation under sub-section (4) of section 164, the Settlement Officer shall hear it. dispose of it in accordance with law, and, after recording his order, determine the rent of the holding.
167. Rent from what date payable.— Subject to the provisions of section 165, the rent determined by order of the Settlement Officer under section 166 shall be payable from the date of the commencement of the term of the settlement unless the Settlement Officer think fit, for any reasons, to direct that it shall be payable from some earlier date.
168. Option to tenant to refuse rent determined.- Any tenant for whose holding rent has been determined by order of the Settlement Officer under section 167 may, within thirty days from the date of such order, refuse in writing to accept the rent determined.
169. Effect of refusal.— (1) Upon such refusal the tenant shall forthwith vacate the holding.
(2) If he does not so vacate the holding, he shall be deemed to be a trespasser and shall be liable to ejectment therefrom in accordance with the provisions of section 183 of Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955).
170. Offer of holding to other persons.- Upon the vacation of or ejectment from a holding under section 169, the same shall be available for and may be offered to another person for being admitted be as the tenant thereof in accordance with law.
171. Procedure upon non-refusal.- If the tenant does not refuse to accept the rent in accordance with the provisions of section 168, he shall be deemed to have accepted the rent determined under section 166 and shall be liable to pay the same in accordance with section 167.
172. Rent not liable to variation during currency of settlement.— The rent of a holding fixed by order of the Settlement Officer under section 166 shall not be liable to variation, during the term of the settlement laid down in or fixed under section 175, otherwise than in accordance with the provisions of the Act or of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955).
173. Preparation of Dastoor Ganwai.— (1) The Settlement Officer shall prepare Wajibul-arz or Dastoor Ganwai for each village in the district or other local area under settlement operations.
(2) The Settlement Officer shall, subject to rules made under this Act, ascertain and record in each such Wajib-ul-arz or Dastoor Ganwani-
(a) all cesses which are still payable by tenants of the village concerned on account of the occupation of land in addition to rent under the appellations by which they are known;
(b) the customs in the village concerned in regard to -
(i) rights of persons resident therein or holding lands comprised therein in the common land thereof and its produce and in the village site, and
(ii) rights to irrigation, rights of way and other easements,
(c) any rights, customs or other matters connected with the administration of the village which may be required by rules made under this Act or otherwise by the State Government to be ascertained and recorded in the Wajib-ul-arz or Dastoor Ganwai.
(3) When the Wajib-ul-arz or Dastoor Ganwai is ready, the Settlement Officer shall fix a date and time for reading it out to the inhabitants of the village concerned and shall notify such date and time at least seven days before the date so fixed the prescribed manner.
(4) On the date and at the time fixed under sub-section (3), the Settlement Officer shall read out or cause to be read out to the Villagers assembled for the purpose the Wajib-ul-arz or Dastoor Ganwai prepared under sub-section (1).
(5) If any person raises an objection to anything contained in the Wajib-ul-arz or Dastoor Ganwai while it is being read out under sub-section (4), the Settlement Officer shall record and decide such objection and his decision shall be final.
174. Presumption of settlement entries.— All entries in the Wajib-ul-arz or Dastoor Ganwai prepared under section 173 shall be presumed to be true until the contrary is proved.
D. Term of Settlement
175. Term of settlement.— The term of every settlement made under this Act shall be twenty years :
Provided the State Government may extend the term beyond twenty years, having regard to the pressure of the population on the land, the extent to which culturable area is cultivated and the fullness of the rentals:
Provided also that for special reasons to be recorded, such as a serious deterioration, considerable concealment of assets or the deliberate and extensive throwing of land out of cultivation, or for any other sufficient reasons, the State Government may sanction shorter term of Settlement for any local area :
Provided further that in the case of a first settlement as settlement for precarious tracts and alluvial areas the State Government may sanction shorter terms and make rules for intermediate revision of settlement.
175A. Commencement of term of settlement.- The term of every settlement made under this Act shall commence from such date as the State Government may, by notification in the Official Gazette, direct.
176. Earlier termination of settlement.— (1) Notwithstanding anything contained in section 175, when the State Government is satisfied that is necessary to terminate before its expiry the term of any settlement laid down in or fixed under that section on account of a considerable and material fall in prices or on account of a considerable and material difference between the sanctioned rent-rates of any area and of its neighbouring areas or where the sanctioned rent-rates are found on further examination to be inequitably high, or for any other sufficient reason, the State Government may, by notification in Official Gazette declare its intention of terminating the term of such settlement forthwith and bringing the area concerned under re-settlement.
(2) Simultaneously with or soon after such declaration the State Government shall, by a like notification, declare such term to be terminated and order the district or area concerned to be brought under re-settlement; and thereupon the provisions of this Chapter shall apply as if such district or area were under settlement operations.
(3) Omitted.
(4) Omitted.
176A. Interim relief during settlement operation.— (1) When any district or other local area is ordered to be brought under re-settlement under sub-section (1) of section 142 or under sub-section (2) of section 176, the State Government may order interim relief to be given to the tenants thereof on such conditions as it may deem fit.
(2) When any district or other local area is ordered to be brought under re-settlement under sub-section (2) of section, 176 the State Government may, in its discretion, also order that it shall not be necessary for the Settlement Officer to carry out the economic survey required by section 148.
177. Tenure of land under expired settlement until new settlement.— All persons continuing to hold land after the expiry or termination of the term of a settlement shall subject to the provisions of sub-section (1) of section 176-A hold the same upon the conditions of such settlement until a new settlement is made.
177A. Increase in assessment of irrigated land assessed at un-irrigated rates.- (1) If any land held by a tenant is irrigated by canal constructed at the expense of the State Government and if such land is assessed at un-irrigated rates, the tenant shall, as from the date of the commencement of the Rajasthan Finance Act, 1979 or from the date from which the land first gets irrigated from the canal, whichever is later be liable to pay rent enhanced by Rs. 1.50 per bigha, until a new settlement takes place :
Provided that if such irrigated land falls in the command of an irrigation project and nahari rates have been sanctioned for other lands in the command of that project, the lowest of the nahari rates applicable in the command of that project shall be charged instead of the un-irrigated rate enhanced by Rs. 1.50 per bigha as a foresaid.
Explanation.- For purposes of this sub-section 'bigha' shall mean an area equivalent to 5/8th of an acre.
(2) The tenant liable to pay enhanced rent under sub-section (1) may, within 30 days from the date from which he becomes liable to pay enhanced rent, refuse in writing to accept the rent enhanced by this section and, upon such refusal, the provisions of section 169 shall apply as if the rent so enhanced were the rent determined by an order of the Settlement Officer under section 167.
(3) The provisions of this section shall be notwithstanding anything in section 167 or 172 or any order of the Settlement Officer under section 166 or anything in any assessment parcha or any law, rule, custom, usage or practice to the contrary.
E. Intermediate Revision
178. Short term settlement.- When the term of settlement fixed for any local area under the second proviso to section 175 is less than that fixed, for the entire district or other area under settlement operations, and such term expires, the Collector or, in a district to which a permanent Settlement Officer shall have been appointed, such Settlement Officer, shall assess rents for such local area in accordance with rules made under this Act.
179. Settlement of land added by alluvion and revision of assessment when culturable area reduced by fluvial action.— (1) Land added by alluvion to a holding may be assessed to rent by the Collector or by a permanent Settlement Officer in accordance with rules made under this Act.
(2) When the culturable area of any holding has been diminished by fluvial action or otherwise, the Collector or a permanent Settlement Officer may revise the assessment.
(3) If in opinion of the Collector or the permanent Settlement Officer, as the case may be, the value of any land in any holding is altered in consequence of its diversion from an agricultural purpose to a nonagricultural purpose or from non-agricultural purpose to an agricultural purpose since it was last assessed the assessment shall be liable to be revised and the rent thereof shall be liable to be fixed by the Collator or the permanent Settlement Officer with reference to the altered value of such land in accordance with rules made under this Act.
(4) No revision of assessment made under the foregoing sub-section shall he final until it has been sanctioned by the Settlement Commissioner.
180. Power of Government to levy additional urban rates.—Notwithstanding anything contained it this Act, the State Government may at any time, by notification in the Official Gazette, direct that any urban area that may have developed in any part of the Sate shall be subject to the levy, in accordance with Rules made under this Act, of a special urban rate in addition to rent.
F: Miscellaneous
181. Applications and proceedings pending before Settlement Officer when operations are closed.—When the settlement operation in any area are closed by notification under section 142, all application and proceedings then pending before the Settlement Officer shall, unless a permanent Settlement Officer shall have been appointed to such area, be transferred to the Collector who shall have the powers of a Settlement Officer for the disposal thereof.
182. Correction of errors and omissions.—The Settlement Officer may of his own motion or otherwise correct any error or omission that may be discovered
(a) in the formation of assessment circles or assessment groups, classification of soils and evolution of rent-rates at any stage before his proposals in respect thereof are sanctioned under sub-section (5) of section 156, and
(b) in the assessment of rents of holdings at any stage before such rents are determined under section 166.
183. Review of sanctioned rent-rates.—(1) Notwithstanding anything contained in the foregoing provisions of this Chapter or in any enactment, rule, order or instrument for the time being in force and notwithstanding any custom, usage or practice to the contrary, the State Government may, if satisfied before the closing of settlement operations by a notification under sub-section (2) of section 142 that the rent-rates sanctioned under sub-section the rent-rates sanctioned under sub-section (5) of section 156 by the State Government need modification on account of the discovery of any error or omission: -
(a) in the formation of assessment circles or assessment groups, or
(b) in the classification of soil. or
(c) in the evolution of rent-rates for any class of soil, order that such sanctioned rent-rates shall be reviewed by the Settlement Officer.
(2) The Settlement Officer shall thereupon proceed to frame his modified proposals in the prescribed manner and the provision of section 155 and 156 shall apply thereto.
CHAPTER 9
Partition of Estates
184. Partition.— "Partition" means the division of a partible estate into two or more portions, each consisting of one or more shares.
185. Partible estates.— All estates shall be presumed to be impartible unless proved by custom or otherwise to be partible.
186. Persons entitled to claim partition.- (1) Every co-sharer of a partible estate may claim partition of his share in such estate.
(2) Any number of co-sharers may join in such claim.
187. Application for partition.— An applic-ation for partition shall contain the prescribed particulars and shall be accompanied by a certified copy of the annual register of estate holders and by any other documents on which the claim for partition is based and may be presented by one or jointly by two or more of the recorded co-sharers of an estate :
Provided that when any share is in possession of a mortgagee no application of partition by either mortgagor or mortgagee shall be entertained unless both have joined in such application or unless either. of them has been made the opposite party thereto.
188. To whom application lies.— Subject to the provisions of section 189, an application for partition shall lie and be presented to the Collector of the district in which the estate sought to be partitioned is situated:
Provided that the Collator may make over any such application for hearing and disposal to a Sub-Divisional Officer or an Assistant Collector sub-ordinate to him, who is for the time being empowered to hear and dispose of such application.
189. Partition of an estate falling under several districts.— When an estate is situated in two or more districts, the partition shall be made if such districts are in the same division, as the Commissioner may direct or, if such districts are in different divisions as the Board may direct.
190. Consolidation of claims.— Where several claimants have brought separate claims for partition of the same estate, all such claims shall be consolidated for the purpose of being tried together as a single claim and shall be disposed of by one judgment.
191. Power to stay partition of an estate.- (1) If, on receipt of the application or any other stage of partition, there appears to be any sufficient reason, for staying or refusing the partition of an estate, the Collector, Sub Divisional Officer or Assistant Collector to whom the application is presented, or before whom the application is pending, may stay the partition and order the proceedings to be quashed.
(2) No estate shall he so partitioned as to result in one or more estates of less than such area, as may be prescribed.
192. Proclamation of application for partition.— The Collector on receiving an application for partition shall, if its is in order and not open to objection on the face of it, or is not refused or disallowed under section 191, issue a proclamation calling upon such of the recorded co-shares in the estate sought to be partitioned as have not joined in the application to appear before him in person or by a duly authorised agent on a day, not less than thirty or more than sixty days from the date of the issue thereof, and to state their objections, if any, to the partition. A copy of the proclamation shall be served on each co sharer.
193. Objection raising question of title.— (1) If, on or before the day so fixed, any objection is made by a recorded co-share, involving a question of proprietary title, which has not been already determined by a Court of competent jurisdiction, the Collector may either -
(a) Decline to grant the application until the question in dispute the has been determined by a competent Court, or
(b) require any party to the case to institute within there months a suit in the Civil Court for the determination of such question, or
(c) proceed to inquire summarily into the merits of such question.
(2) When proceedings have been postponed under Sub clause (b) of sub-section (1), if such party fails to comply with the requisition, the Collector shall decide the question against him. If he institutes the suit, the Collector shall deal with the case in accordance with the decision of the Civil Court.
(3) If the Collector decides to inquire into the merits of the objection, he shall follow the procedure laid down in the Code of Civil Procedure, 1908 (Central Act V of 1908), for the trial of original suits.
(4) All decrees passed under sub-section (3) shall be held to be decrees of a Civil Court and shall be open to appeal to the District Judge or the High Court, as the case may be, under the rules applicable to appeals to those courts.
194. Stay of partition pending decision of appeal.— The appellate Court may issue a precept to the Collector, directing him to stay the partition pending the decision of the appeal, whether the appeal is pending from a Civil Court under section 193(1)(b) or from the court of the Collector under section 193(3).
195. Attachment of estate pending completion of partition.— (1) At any stage of the application, the Collector may with the sanction of the Board, attach the entire estate and hold it under direct management pending the completion of the partition.
(2) The collection from the estate, while under such attachment, shall be applied first to the payment of the revenue and to the expenses of management and collection at the rate of ten percent of the amount collected and then to the satisfaction of other charges with which the estate or any part thereof shall have been encumbered for the time being and the surplus if any, will be divided amongst the co-shares in proportion to the respective shares at such times as the profits are ordinarily divisible.
196. Method of trial.— (1) The Collector shall direct the Patwari
(a) to mark on the map of the estate in some distinctive colour the actual area sought to be partitioned,
(b) to show thereon the actual soil-classification,
(c) to prepare necessary abstracts from his Khasra (field-book) and Khatauni (record of cultivators) and other statements required for completing the partition,
(d) to prepare a list of plots, if any, held as Khudkasht,
(e) to prepare a list of sub-holders, if any,
(f) to suggest a method of valuation of the plots of land sought to be partitioned,
(g) to prepare a list of trees, showing complete details as to ownership and value,
(h) to give full details of income from jungle land and other sources of income, and
(i) to prepare a list of pucca wells, showing where they are situated, whose fields they irrigate, and at whose expense they were constructed.
(2) If the Collator thinks it desirable, he may appoint a temporary assistant to the Patwari to enable the latter to complete the work expeditiously. The cost of the temporary assistant will be paid by the plaintiff in the first instance and will be included in the costs of the suit.
197. Determination of principles and conditions of valuations.— (1) The Collector shall then proceed to determine, in accordance with rules made by the State Government in that behalf, the general principles and conditions of valuation of all classes of land comprising the estate sought to be partitioned, with a view to making a just estimate to the value of the various plots therein, relatively to one another. Such value may very not only with the area of each plot but also with the class of its soil, the facilities for ir-rigation, the nature of its tenure, the personal qualities or its tenants and other matters affecting the value.
(2) The general principles and conditions of valuation having been settled, the Patwari shall work out the value of each plot accordingly.
198. Preliminary decree for partition.— (1) Upon completion of the inquiry prescribed by section 196 the Collector shall, if he does not dismiss the application at this or any earlier stage, make a preliminary order in the prescribed from, declaring the nature and extent of the share of each claimant for partition, specifying the number of portions into which the estate shall be divided and the extent of each portion, deciding all disputed question that may have arisen in connection with such division and detailing the mode in which the partition is to be made.
(2) In any such order the Collector may direct that the shares of any two or more claimants may, if they agree thereto, be combined for the purposes of partition and a portion proportionate in value to the extent of their joint shares may be separated from the entire estate, in which case the respective rights of each of such co-shares in the newly formed estate shall also be declared at the same time.
199. Partition by whom to be made.— When the preliminary order for partition has been made the Collector shall allow the parties to make the partition themselves or appoint arbitrators for the purpose.
200. Partition by agreement.— If the parties agree to make the partition themselves, then
(a) a date shall be fixed by which the partition is to be completed,
(b) such copies of the relevant records as they require shall be given to them free of charge,
(c) the Patwari shall be directed to give them all necessary assistance in carrying out the partition in accordance with the terms of the preliminary order and preparing records of lots for production before the Collector,
(d) they shall appear on the date fixed and produce the records of lots prepared as aforesaid, together with a map of the estate showing in different colours the various lots agreed to by them for allotment to each of the portions into which the estate is divided.
(e) the Collector shall get the lots signed in his presence by all the parties or their recognised agents duly authorised in that behalf, and
(f) when action has been taken under clause (e), the lots shall be accepted if they comply with the terms of the preliminary order and the provisions of law.
201. Partition by arbitration.— (1) If the parties agree to appoint and do appoint arbitrators for the purpose of making the partition, the Collector shall refer the partition to their appointment.
(2) The provisions of the Arbitration Act, 1940 (Central Act X of 1940), shall apply mutatis mutandis to such agreement and reference to such arbitrators and their appointment and proceedings and to the award made by them.
(3) The provisions of section 201 shall be applicable as if for the worked "parties" the word "arbitrators" were substituted.
(4) It shall not be necessary for the arbitrators to appear and produce personally before the Collector their award or to sign it or the lots in the presence of the Collector, but they shall sign the award and the lots personally and not by any recognized agent before the same are produced before the Collector.
202. Court when to make partition itself.— In case of disagreement among the parties to make the partition themselves or to appoint arbitrators for the purpose or when arbitration has been superseded or the award has been set aside, the Collector shall decide to make the partition himself.
203. Estimate and levy of partition costs.- (1) When the Collector has decided under section 202 to make the partition himself, he shall immediately cause the cost thereof to be estimated and shall direct that such cost be levied in the first instance from the applicant for partition or all co-shares in such install-ments and at such times during the progress of the partition as may be prescribed by the State Government.
(2) If the amount first estimated is found insufficient supplementary estimates may be made from time to time and the additional amount may be levied as above provided.
(3) The State Government shall make rules specifying the items which shall be included in and for determining, the costs of such partitions and the Board shall make rules for determining the mode in which such costs are to be apportioned.
204. Appointment of Amins, etc. and issue of warrant.— When the estimated costs of partition are paid an Amin or other suitable person shall be appointed to carry out the partition and the Collector shall issue a warrant of commission in his name for the purpose and supply him with all the necessary papers and information.
205. Manner of executing warrant.— (1) The Amin or other person appointed as aforesaid to make the partition shall, upon the receipt of the warrant of commission -
(i) open and maintain a diary in which shall be recorded the date of the receipt of the warrant, the day-to-day proceedings taken by him in the execution thereof, the places inspected by him for the purpose, the gist of the claims and objections made before him, the persons making the same and the manner of, and reasons for, his decision thereon,
(ii) prepare a programme for personal inspection and give a fortnight's notice thereof to the parties,
(iii) prepare and place on record a tentative list, in accordance with the terms of the preliminary order of the lots for each of the portions into which the estate is to be divided, and
(iv) proceed to the spot in accordance with the aforesaid programme, inspect the lands, hear the parties if present and meet their objections, assemble all persons interested therein with a view to giving them an opportunity to make orally or in writing any claim or objection which they may have to any of such lands being included in the portion sought to be speared, and dispose of all such claims and objections on the spot in the presence of lambardars.
(2) Such Amin or person shall then return the warrant along with his report stating the manner in which he has executed it, recording the lots proposed by him and specifying the person or persons holding the same together with the nature of the tenure, engagement, lease or licence under which they are so held. Along with the report shall be submitted -
(a) the original diary maintained under clause (i) Of sub-section (1)
(b) a coloured map such as is referred to in clause (d) of section 200, and
(c) such other statements and returns containing such particulars as may be prescribed by the Board.
206. Issue of proclamation.— On receiving such report, the Collector shall issue a proclamation calling upon all person concerned to appear on a date to be fixed therein and state their claims or objections, if any, against the proposals made under subsection (2) of section 205 and cause a copy of such proclamation to be served on the parties requiring them to file their objections, if any, within fifteen days from the service thereof.
207. Consideration of proposals and determination of claims and objection.— On the date fixed, the Collector shall -
(a) hear and dispose of, one by one -
(i) the objections made by the parties, and
(ii) the claims and objections lodged by other persons, and
(b) then examine the proposals to see if they are in accordance with the terms of the preliminary order and comply with the provisions of law.
208. Division of tenant's holding.— In making partition the division of tenant's holding shall, as far as possible, be avoided and where such division is unavoidable, the rent of each holding shall be distributed over the part divided off.
209. Division of Khudkasht.— Lads in which Khudkast rights have accrued and subsist for the time being shall be separately divided so that each portion made is allotted such part thereof as is proportionate in value to the extent of the share or shares constituting such portion.
210. Allotment of lands held in common.— (1) Land held in common other than lands referred to in section 209, shall be allotted in a manner so as to ensure that each portion gets such part thereof as is proportionate in value to the share or shares constituting it.
(2) Lands held in severally, other than lands referred to in section 209 shall, as far as possible, be allotted to the portion of the co-share or co-sharers holding them.
211. Building, gardens, etc. of one co-sharer on land allotted to another.— If in making a partition it is necessary to include in the portion allotted to a co-shares the lands occupied by a dwelling house or other building or by gardens or orchards in the possession of any other co-sharer or which are of special value to such other co-sharer in consequence of improvements made by him thereon at his own expense, the latter shall be allowed to retain such lands with the buildings, gardens, orchards and improvements there on, on condition of his paying therefor a reasonable ground-rent. The limits of such lands and the rent therefor shall be fixed by the Collector and in such cases, a defined pathway shall, as far as possible, be secured to the owner of the houses, gardens, orchards or improvements, as the case may be, leading therefrom to some public highway or some portion of the separate estate allotted to him.
212. Tanks, wells, water-courses and embankments.— (1) Tanks, wells, water-courses and embankments shall be considered as attached to the land for the benefit of which they were originally made.
(2) When, from the extent, situation or construction of such works, it is necessary that they should continue the joint property of the proprietors of two or more of the portions into which the estate may be divided, the Collector shall determine the extent to which the proprietor of each portion may use the said works and the proportion in which the charges for repairs thereof shall be borne by such proprietor and the manner in which the profits (if any) derived therefrom shall be divided.
213. Places of worship and cremation or burial grounds.— Places of worship and cremation or burial grounds held in common before the partition shall continue to be so held, unless the persons holding them otherwise decided by an agreement, which shall be filed with the record.
214. In-compactness a reason for dis-allowing partition.— In making a partition the several portions into which the estate is divided shall be made as compact as possible, provided that, except with the sanction of the Board, no partition shall be disallowed solely on the ground of in-compactness.
215. Distribution of revenue on partition.— In all cases, whether partition has been made by agreement or by arbitration or by the Collector, the Collector shall, immediately after accepting the lots under section 200 or accepting the award under section 201, or disposing of the claims and objections and examining, under section 207, the proposals made by the Amin or other person entrusted with the execution of the warrant issued under section 204, distribute the revenue of the estate over the several portions into which the estate is divided, and, where any such portion consist of more than one share, the extent of the liability of each holder of such share therein shall also be determined.
216. Find order for partition.— (1) When the revenue has been distributed as aforesaid, the Collector shall draw up a final order specifying the following particulars, namely:
(a) the lands of various classes allotted to each portion;
(b) the revenue assessed on distribution under section 215 as payable therefor;
(c) where any portion represents the shares of more than one co-sharer, the particulars of such co-sharers together with the nature and extent of the share of each therein; and
(d) the rights and obligations of each co-sharer or of the several co-sharers, as the case may be, to get separate possession over the portion marked out as aforesaid for him or for them jointly.
(2) When the find order has been drawn up by a subordinate officer to whom the case was made over under the proviso to section 188 such order shall be submitted to the Collector who may confirm, vary or set aside the order or direct further inquiry to be made or additional evidence to be taken in the case or may himself make such inquiry or take such evidence or may frame fresh issues and refer them for trial:
Provided that no order of confirmation shall be made until the period allowed for preferring an appeal has expired or, if an appeal is presented within such period, until it has been disposed of :
Provided further that no order varying or setting aside the order shall be passed nor shall any further inquiry be made or additional evidence taken, unless the parties have had an opportunity of being heard in support of such order or of being represented while such inquiry is made or evidence taken.
217. Instrument of partition.— (1) The Collector shall cause in respect of each portion divided off from the estate an instrument of partition to be prepared in accordance with the terms of the final order in favour of the applicant or the applicants, as the case may be, whose share or shares each such portion represents and the date on which the partition is to take effect, shall be recorded therein and each such instrument shall bear stamp duty in accordance with the Indian Stamp Act, 1899 (Act II of 1899) of the Central Legislature as adopted to the state.
(2) Such date shall, unless otherwise directed, be the first day of July next following the date of confirmation of the final order, or from the date of confirmation thereof, by the Collector.
(3) From the date on which the partition takes effect, each portion so divided off shall be deemed and treated for all purposes to be a separate estate as if it had been originally made or created in favour of the person or persons whose share or shares it represents.
(4) When the instrument of partition has been prepared, the Collector shall get the annual registers corrected according and move the Board to get the necessary entries made in the land records.
218. Delivery of possession of property allotted on partition.— Any person or persons to whom any land is allotted in the instrument of partition shall be entitled to the separate possession thereof as against the other parties to the partition and their legal representatives, and the Collector shall, on application made to him for the purpose by such person or persons at any time within three years from the date recorded in the instrument of partition under sub-section (1) of section 217, give effect to that instrument as if it were a decree passed by a Civil Court for recovery of possession over immovable property.
219. Division of complex estates.— When an estate consists of two or more villages or portions of villages, the State Government may direct its division into as many estates as may be necessary for administrative convenience. On receipt of such direction the Collector shall, after considering any representation made by the estate-holder concerned, distribute the revenue of the whole estate over the several estates into which it is divided, in accordance with rules made under this Act, and shall correct the annual registers accordingly. The estates so formed shall be severally responsible for the revenue distributed thereon.
220. Fraudulent or erroneous distribution of revenue.-When in making partition under this Chapter, the revenue has, owing to fraud or error, been wrongly distributed, the Board may, at any time order such a distribution of the revenue of the original estate over the several estates into which it is divided as, but for the error or fraud, would have been made at the time of partition.
221. Under assessed estates to refund to over-assessed estates.- (1) The Board may in any case under section 220 direct that any proprietor whose estate has been found to have been under assessed shall for each year, not exceeding three years in all, in which he has held possession, of his separate estate, be required to pay to the recorded proprietor of any estate which has been over-assessed a sum equal to the annual amount by which the first mentioned estate shall be found to have been under-assessed, and in default of payment the amount shall be recovered as an arrear of revenue and paid to the proprietor to whom it is due.
(2) No order passed under this section shall be questioned in any Civil or Revenue Court.
222. Consolidation of estates forming part of the same village.— If two or more revenue paying estates form portions of the same village, the estate-holders may apply to the Collector for the consolidation of the same into a single estate, and the Collector may, at his discretion, grant such application, and in such case shall correct the annual registers accordingly.
223. Chapter not to apply to division between Government and estate-holder.- (1) The provisions of this chapter shall not apply to the division of an estate between its holder and the State Government and whenever such division becomes necessary, it shall be made by the Collector
Provided that the Collector's proposals shall be submitted to the State Government through the Board for approval.
(2) Every such division shall be made in accordance with rules made by the State Government in that behalf.
CHAPTER 10
Collection of Revenue
224. Revenue, a first charge on land and its produce.— (1) The revenue or rent assessed on every estate or holding shall be the first charge thereon and on the rents, profits or produce thereof.
(2) The rents, profits and produce of such estate or holding shall not be applied in satisfaction of a decree or order of any civil or Revenue Court, until all arrears of the revenue or rent due in respect thereof have been paid.
225. Responsibility for revenue.— (1) All the holders and co-shares of an estate are jointly and severally responsible to the State Government for the revenue for the time being payable thereof.
(2) All tenants and co-tenants of a holding situated beyond an estate are jointly and severally responsible to the State Government for the rent for the time being payable therefore.
(3) All persons coming into possession of an estate or a holding, shall be responsible for all arrears of revenue or rent due at the time of their coming into possession.
(4) The expression "holder" in this Chapter means person in possession for his own benefit and includes a mortgagee and a lessee of the holder's rights.
226. Rules as to payment of arrears and defaulters.— The revenue or rent shall be paid in such instalments, to such persons and at such times and places and in such manner, as may be prescribed, and any sum not so paid becomes an arrear of revenue or rent, and the persons responsible for it become defaulters :
Provided that until the State Government directs otherwise, the revenue or rent for the time being payable to the State Government shall be paid through the patwari of the Circle.
227. Certified account to be evidence as to arrear.— A Statement of Account, certified by the Tehsildar shall, for the purpose of the Chapter, be conclusive evidence of the existence of the arrear, of its amount and of the person who is the defaulter:
Provided that nothing in this section shall prejudice the right of such person to make payment under protest and to question the correctness of the account in separate independent proceedings before the Collector.
228. Processes for recovery of arrears.— An arrear of revenue or rent may be recovered by one or more of the following processes :
(a) by serving a writ of demand or a citation to appear on any of the defaulters;
(b) by attachment and sale of his movable property;
(c) by attachment of the specific area, share, patti or estate, in respect of which the arrear is due;
(d) by transfer of such share or patti to a solvent co-sharer;
(e) by sale of such specific area or patti or of the whole estate;
(f) by sale of other immovable property of the defaulter,
Provided that the provisions of clause (e) shall not be applicable to Jagir land or the estate of a land owner.
229. Writ of demand and citation to appear.— When an arrear of revenue or rent becomes due, a writ of demand calling on the defaulter to pay the amount within a time therein stated or a citation to appear on a date therein mentioned may issue.
229A. Power to grant instalment.— (1) The Collector may, in cases of genuine hardship, order that the payment of arrear of revenue or rent chargeable under this Act or under the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) for which a writ of demand or a citation has been issued under section 229, shall be paid in such number of instalments not extending beyond a period of three years and on such terms as to payment of interest as may be prescribed subject, however, to the condition that if default is made in the payment of any instalment, the entire amount of arrear and interest due thereon shall be payable in lump sum.
(2) When any immovable property has been attached by the Collector under this Chapter for the recovery of such arrear, the attachment shall, notwithstanding any order fixing instalments made under sub-section (1) continue until the full amount of the arrear, interest due, if any, and the cost of attachment are paid by the defaulter.
230. Attachment and sale of movable property.— The Collector may attach and sell the movable property of the defaulter. Every attachment and sale ordered under this section shall be made according to the law in force of the time being for the attachment and sale of movable property under the decree of a Civil Court. In addition to the particulars mentioned in the proviso to section 60 of the Code of Civil Procedure, 1908 (Central Act V of 1908), articles set aside exclusively for religious use shall be exempted from attachment and sale under this section. The cost of attachment and sale shall be added to the arrear of revenue or rent and shall be recoverable by the same procedure.
231. Attachment of land.— (1) The Collector may, in addition to or instead of any of the other processes hereinbefore specified, attach and take under his own management any specific area, share, patti or estate in respect of which an arrear is due, and such attachment shall last till the arrear is liquidate 1.
(2) On the liquidation of the arrear, the land shall be released and the surplus received, if any, shall be made over to the defaulter or his legal representative.
232. Powers and obligations of Manager.- Where any land is so held under direct management, the Collector shall be bound by any engagement which at the time of attachment existed between the defaulter and the tenants and shall be entitled to manage the property so attached and to receive all rents and profits accruing therefrom, The Collection of the property so attached shall be applied to the payment of any instalment of revenue or rent which may become due after attachment and of the cost of attachment and management, and any surplus shall be applied to discharging the arrear on account of which the attachment was made.
233. Proclamation of attachment.— (1) When the Collector attached any land under section 231, he shall issue a proclamation thereof.
(2) No payment on account of rent or any other asset of the land, made after the date of such proclamation or in anticipation of due date, to any person other than the Collector shall relieve the person liable to pay from liability for payment to the Collector.
234. Transfer of defaulter's share.— When the arrear is due in respect of a share or patti or an estate, the Collector may, in addition to or instead of, any of the processes hereinafter specified with the previous sanction of the Board, transfer such share or patti for a term not exceeding ten years from the first day of July next after the date of the sanction to all or any of the co-sharers of the estate other than the estate-holder on condition of their paying the arrear, and on such terms as the Board in each case may prescribe. Such transfer shall not affect the jointed and several liability of the co-sharers of the estate in which it is enforced.
(2) When the term of transfer has expired, the share or patti shall be restored to the estate-holder thereof free of any claim on the part of Government or the transferee for any arrear in respect of such share or patti.
235. Sale of defaulter's specific area, patti or estate.— When the Collector is of opinion that the other processes (hereinbefore) specified are not sufficient for the recovery of an arrear, he may, in addition to or instead of, all or any of such other processes, sell by auction the specific area, patti or estate in respect of which such arrear is due :
Provided that no specific area, patti or estate shall be sold for any arrear which may have accrued while it was -
(a) Under the management of the Court of wards, or
(b) under direct management by the Collector.
236. Land to be sold free of encumbrances.— (1) land sold under the last preceding section shall be sold free of all encumbrances, and all contracts previously made by any person other than the purchaser in respect of such land, shall become voidable at the option of the purchaser at the auction sale.
(2) Nothing in sub-section (1) applies to lands held under bonafide leases, temporary or perpetual, for the erection of dwelling-house or manufactures, or for gardens, tanks, canals, placed of worship or cremation or burial ground, such lands continuing to be used for the purpose specified in such leases.
(3) Notwithstanding anything contained in sub-section (1), the State Government may, at any time before the sale has been made, direct that it be made subject to such interests or rights in land created by the holder thereof, or any person through whom he claims, as it thinks fit.
237. Powers to proceed against interest of defaulter in property other than that in respect of which default is made.— (1) If an arrear can not be recovered by any of the above processes and the defaulter owns, or has any interest in any other estate, or any share in any other estate or any other immovable property, the Collector may proceed against such estate or share or other immovable property as if it were the land on account of which the revenue or rent due under the provisions of this Act:
Provided that no interest save those of the defaulter alone shall be affected by such process.
(2) Sums of money recoverable as arrears of revenue or rent but not due in respect of any specific land, may be recovered by process under this section against any immovable property of the defaulter.
238. Proclamation of sale.— (1) When the sale of any land or other immovable property has been sanctioned under section 235 or section 237, the Collector shall issue a proclamation of the intended sale, specifying the land to be sold, the revenue (if any) assessed thereon, the arrears for which it is to be sold, the time and place of sales, whether or not the land is to be sold free of encumbrances and any other particulars, the Collector may think necessary.
(2) A copy of the proclamation issued under sub-section (1) shall be served on the defaulter.
239. Sale when and by whom to be made.- (1) Every sale under this Chapter shall be made either by the Collector in person or by an Assistant Collector or Tehsildar specially appointed by him in this behalf.
(2) No such sale shall take place on a Sunday or other authorised holiday or until after the expiration of at least thirty days from the date on which the proclamation thereof was issued.
(3) The Collector, may from time to time, postpone the sale.
240. Prohibition to bid for, or acquire the property sold.— No officer having any duty to perform in connection with any such sale, and no person employed by or subordinated to such officer, shall, either directly or indirectly bid for, acquire or attempt to acquire, except on behalf of the State Government or the Court of Wards, the property sold or any indirect interest therein.
241. When sale may be stayed.— If the defaulter pays the arrear in respect of which the land or other immovable property is to be sold, at any time before the day fixed for the sale, to the person appointed to receive payment of the revenue or rent or to the Collector, or to the Assistant Collector in charge of the Sub-Division in which the land or other immovable property is situated, the sale shall be stayed.
242. Deposit by purchaser, re-sale in default of deposit.- The person, declared to be the purchaser, shall be required to deposit immediatelytwenty-five per cent of the amount of his bid, and in default of such deposit, the land or other immovable property shall forthwith be again put up and sold; and such person shall be liable for the expenses attending the first sale and any deficiency of price which may occur on the re-sale, which may be recovered from him by the Collector, as if the same were an arrear of revenue.
243. Purchase money when to be paid.— (1) The full amount of purchase-money shall be paid by the put chaser at the Collector's office on or before the fifteenth day from the date of the sale.
(2) If the purchase money is not so paid, the deposit, after the expenses of the sale have been defrayed therefrom, may be forfeited to Government and the property shall be re-sold, and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may be subsequently sold.
244. Liability of purchaser for loss by re-sale.— If the proceeds of the sale, which is eventually made, are less than the price bid by such defaulting purchaser, the difference shall be recoverable from him, as if it were an arrear of revenue.
245. Proclamation before re-sale.— No sale after postponement under section 239 and no re-sale under section 242 in default of payment of the purchase money shall be made until a fresh proclamation has been issued as prescribed for the original sale.
246. Application to set aside sale on deposit of arrear.— Any person whose land or other immovable property has been sold under this Act may, at any time within thirty days from the date of sale, apply to have the sale set aside on his depositing in the Collector's office —
(a) for payment to the purchaser a sum equal to five per cent of the purchase-money; and
(b) for payment, on account of the arrear, the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, less any amount which may, since the date of such proclamation of sale, have been paid on that account; and
(c) the cost of the sale.
If such deposit is made within the thirty days, the Collector shall pass an order setting aside the sale :
Provided that, if a person applies under section 247 to set aside such sale, he shall not be entitled to make an application under this section :
Provided also that if the land has been sold free of encumbrances under section 236, the encumbrances shall be revived as soon as the sale is set aside under this section.
247. Application to set aside the sale for irregularity etc.— At any time within thirty days from the date of the sale, an application may be made to the Collector to set aside the sale on the ground of some material irregularity or mistake in publishing or conducting it.
But no sale shall be set aside on such ground unless the applicant proves to the satisfaction of the Collector that he has sustained substantial injury be reason of such irregularity or mistake.
248. Order confirming or setting aside sale .— On the expiration of thirty days from the date of the sale, if no such application as is mentioned in section 246 or section 247 has been made, or if such application has been made and rejected, the Collector shall pass an order confirming the sale and, if such application under section 247 is made and allowed, the Collector shall pass an order setting aside the sale.
249. Bar of claims founded on irregularity or mistake.— If no application under section 247 is made within the time allowed there-fore, all claims on the ground of irregularity or mistake in publishing or conducting the sale shall be barred :
Provided that nothing herein contained shall bar the institution of a suit in the Civil Court for the purpose of setting aside a sale on the ground of fraud.
250. Refund of purchase money when sale set aside.— Whenever the sale of any land or other immovable property is set aside under section 248 the purchaser shall be entitled to receive back the purchase money, with interest, at such rate not exceeding six per cent per annum or without interest, as the Collector think fit.
251. Purchaser to be put in possession Certificate of purchase.— (1) After a sale of land or other immovable property under this Act has been confirmed in the manner afore said, the Collector shall put the person declared to be the purchaser into possession of such property, shall grant him a certificate to the effect that he has purchased the property to which the certificate refers, and such certificate shall be deemed to be a valid transfer of such property, but need not be registered as a conveyance except as provided by section 89 of the Indian Registration Act, 1908 (Central Act XV of 1908.)
(2) If land has been sold under section 235 on account of an an-ear of revenue or rent due in respect thereof, the certificate shall also state that the purchaser has purchased the land to which the certificate refers free of every encumbrances.
252. Application of proceeds of sale.— When a sale of land or other immovable property under this Act has been confirmed, the proceed of sale shall be applied in the first place to the payment of any arrears, including costs incurred for the recovery thereof, due to the State Government from the defaulter at the date of the confirmation of the sale whether the arrears are of revenue or rent, or of sums recoverable as an arrear of revenue or rent and in the second place, if the sale took place for the recovery of an amount recoverable as an an-ear of revenue or rent but not due to the State Government to the payment of that amount including costs as aforesaid and the surplus (if any) shall be paid to the person whose land has been sold; or if the land sold was held in shares, then to the co-sharers collectively, or according to the amount of their recorded interests, at the discretion of the Collector.
253. Liability of purchaser for revenue or rent.— The person named in the certificate of sale as purchaser of any land shall be liable for all instalments of revenue or rent becoming due in respect of such land after
254. Preemption by co-sharers.- When any land sold under section 235 or section 237 is a portion of an estate, any recorded co-sharer in the estate, other than the person whose land has been sold, may, if the lot has been knocked down to a stranger, claim to take the said land at the sum last bid:
Provided that the said demand of preemption be made within seven days of sale, and provided that the claimant fulfils all other conditions of the sale.
255. Omitted.
256. Recovery of miscellaneous revenue and other money.— The following money may be recovered under this Act in the same manner as an arrear of revenue : -
(a) all sums of money declared by this Act or by any law for the time being in force, other than the Rajasthan Public Demands Recovery Act, 1952 (Rajasthan Act 5 of 1952) : -
(i) to be recoverable or realizable as an arrear of revenue or land revenue or rent; or
(ii) to be a demand or a public demand or to be recoverable or realizable as a demand or a public demand or as an arrear of a demand or a public demand;
(b) all sums of money payable to the State Government or to a department or an officer of the State Government or to a local authority on account of rates, duties, taxes, charges or other dues under any law or rule having the force of law, notwithstanding that such law or rule does not declare the same to be recoverable or realizable as an arrear of revenue or land revenue or rent or to be a demand or a public demand or to be recoverable or realizable as an arrear of a demand or a public demand;
(c) all sums of money payable to the State Government or to a department or an officer of the State Government or to a local authority,
(i) by way of fees, fines, penalties, compensation or costs imposed or awarded by any authority, not being a civil or criminal Court, under this Act or under any other law for the time being in force, or
(ii) on account of pasturage, forests rights, fisheries mills, natural products of land, water-rates, irrigation charges. maintenance and management of irrigation works and the like;
(d) all rents, premia, cesses, rates, fee and royalties due to the State Government on account of the use of occupation of land or water or other immovable property, whether belonging to the State Government or not, or on account of any products thereof or proceeds therefrom or on any other account;
(e) all sums of money due to the State Government under any grant, lease or contract which provides that they shall be recoverable as arrears of revenue or land revenue.
257. Recovery of moneys from sureties.— Every person who may have become a surety under any of the provisions of this Act or under any other enactment or any grant, lease or contract where under the sum secured, is recoverable from the principal as an arrear or revenue, shall, on failure to pay the amount or any portion thereof which he may have become liable to pay under the terms of his security bond, be liable to be proceeded against as if such amount or portion thereof where an arrear of revenue.
257A. Application for recovery of moneys referred to in section 256 and 257.— (1) Any officer or authority, to whom any sum of money referred to in section 256 or section 257 is due and payable, shall make to the Collector an application in writing in the prescribed form, containing the following particulars, namely :-
(a) the officer or authority to whom the sum is due and payable,
(b) the name and description of the person from whom the sum is due,
(c) the sum due and the nature thereof,
(d) the period, if any, for which it is due and the date on which it first became payable,
(e) the process by which the sum may be recovered,
(f) where possible, the property against which the process may be executed, and
(g) such other particulars as may prescribed by the State Government.
Provided that no such application shall be necessary in cases in which, according to the law under which such sum of money is due and payable, a certificate or certified statement of account or other document, specifying, as nearly as may be, the aforesaid particulars, is required to be sent and has been sent to the Collector.
(2) The application, certificate, statement of account or other document referred to in subsection (1) shall, for the purpose of recovery in accordance with the provisions of this Chapter, be conclusive evidence of the existence of the arrear payable to the officer or authority signing the same, of the amount of such arrear and of the person who is the defaulter.
257B. Payment under protest and further remedy.—(1) If proceedings are taken under this chapter against any person for the recovery of any sum of money referred to in section 256 or section 257, such person may at any time, before any property attached in such proceedings is knocked down at a sale thereof, pay the amount claimed and at the same time deliver a protest signed by himself, or by his authorised agent to the revenue officer taking such proceedings.
(2) When any amount is paid under sub-section (1), such amount along with the protest shall be forwarded to the officer or authority at whose instance proceedings were so started.
(3) Subject to the provisions contained in sub-section (4), the person making a payment under protest in accordance with sub-section (1), shall have the right to institute a suit for the recovery of the whole or a part of the sum so paid under protest.
(4) No suit under sub-section (3) shall lie or be instituted, if any law under which the sum of money paid under protest is due, provides a remedy, whether by way of suit, appeal, application or other proceedings, to the person from whom such sum was recovered.
(5) No appeal or reference shall lie from an order of a revenue officer passed in proceedings taken under this chapter for the recovery of sums of money referred to in sections 256 and 257.
257C. Person from whom sum is due defined.— For the purposes of sections 257-A and 257-B, the expression "persons from whom sum is due" or any other expression to the like effect shall mean the person so named in the application under sub-section (1) of section 257-A whether such sum is due from him, personally or as a legal representative of any other person from whom the sum was so due and shall include a person -
(i) who is liable under section 257 as a surety of the person from whom the sum is or was so due, or
(ii) whose name is subsequently substituted for or added as, the person from whom the sum is or was so due.
257D. Provisions of Chapter to apply to sums due at commencement of Act.— The provisions of this Chapter with regard to the recovery of revenue or rent shall apply to all arrears of revenue or rent as well as sums of money recoverable under sections 256 and 257 as arrears of revenue due at the commencement of this Act.
CHAPTER 11
Miscellaneous
258. Recovery of costs, etc.— All rates, costs, charges, fee, fines, penalties and other moneys payable to Government under this Act shall be recoverable as arrears of revenue.
259. Jurisdiction of Civil Courts excluded .— No suit or other proceedings shall, unless otherwise excepted by any express provision made in this Actor in any other enactment or law for the time being in force, lie or be instituted in any Civil Court with respect to any matter arising under, and provided for, by this act:
Provided that, if, in a boundary dispute or any other dispute between- estate-holder, a question of title is involved, a civil suit may be brought for the adjudication of such question.
260. Delegation.— The State Government may, by notification in the Official Gazette,-
(a) delegate all or any of its powers under this Act, except the power to make rules, to the Board or the Commissioner or the Settlement Commissioner or the Director of Land Records or a Collector, or
(b) direct that any duties imposed and powers conferred by this Act or the rules made thereunder or by any other law for the time being in force or the rules made under such other law on any officer or authority appointed or constituted under this Act or the rules made thereunder (shall, to the exclusion of such officer or authority, be performed) and exercised by any other lawfully appointed or constituted officer or authority specified in the notification, whether such other officer or authority shall have been appointed or constituted under this Act or the rules made thereunder or under any other law for the time being in force or the rules made under such other law, or
(c) require the Board or any other officer to perform the duties and exercise the powers imposed and conferred by this Act or the ruled made there under on the Commissioner or the Settlement Commissioner or the Director of Land Records or
(d) authorise any authority or officer lawfully constituted or appointed to delegate its or his powers under this Act or under any other law for the time being in force, except the power to make rules under this Act or under such other law, to any other authority or officer constituted or appointed under this Act or the rules made thereunder or under any other law for the time being in force or the rules made under such other law.
(2) Doubts having been expressed as to the scope of the power of delegations provided for in this sections as it stood before the 16th day of November, 1961, it is hereby enacted for the removal and clarification of such doubts that, notwithstanding anything contained in any judgment, order or decision of any Court (Civil or Revenue) Tribunal or other competent authority and notwithstanding any defect or omission of form, language or reference in any notifications issued by the State Government under this section previously to the said day or any rule of law or interpretation,
(a) all delegations of powers and duties made by the State Government under this section before the sixteenth day of November, 1961, shall be deemed to have been lawfully and validly made in terms of sub-section (1) as hereby amended as if such amendments had then been made, and
(b) all notification delegating such powers and duties shall, until superseded, continue to be operative and to have effect according to their tenor.
261. Power to make rules.— (1) The Board may, with the previous sanction of the State Government, make rules consistent with the provisions of this Act and of the rules made under sub-section (2)-
(a) regulating the procedure of the Board and its officers in the transaction of its business,
(b) prescribing the registers, books and accounts to be kept and maintained under section 14,
(c) prescribing the manner of the publication of rent-rate proposals under section 155(1),
(d) for the guidance of Collectors and Settlement Officers in assessing and fixing tents under this Act,
(e) prescribing the manner of the giving of a public notice under section 155(2),
(f) prescribing the manner in which assessment purchas shall be made over to tenants and land-holders under section 164(3),
(g) directing the rights, customs and other matters which the Settlement Officer is to ascertain and record in the Wajib-al-arz or Dastoor Ganwai and prescribing the manner in which they are to be ascertained,
(h) prescribing the manner of notifying the date, time and place fixed for reading out the Wajib-ul-arz or Dastoor Ganwai to the inhabit-ants of the village concerned,
(i) for the guidance of Collectors and Settlement Officers in assessing rents under section 178 for areas for which short-term settlements were sanctioned,
(j) regulating under section 179, the assessment of land added by alluvian and the revision of assessment in consequence of fluvial action or diversion of land from an agriculture to a non-agricultural purpose or vice versa,
(k) regulating the procedure of Settlement Officers in correcting errors and omissions under section 182,
(I) regulating the framing of modified proposals under section 183 (2),
(m) prescribing the particulars to be contained in an application for partition under section 187,
(n) prescribing the form of the preliminary order for partition under section 198,
(o) determining the mode in which the costs of partition are to be apportioned under section 203,
(p) prescribing under clause (c) of sub-section (2) of section 205, the statements and returns to be submitted and the particulars to be contained therein,
(q) regulating the division of complex estates, and the distribution of the revenue thereof under section 219,
(r) regulating the costs which may be recovered in or in respect of any judicial or settlement proceedings under this Act other than costs recoverable by the State Government in proceedings in partition cases,
(s) regulating the procedure to be followed by any court, officer or other person required or empowered under any provision of this Act to take any action in any judicial or settlement matter,
(t) for carrying out the provisions of this Act in respect of judicial and settlement proceedings, and
(u) for the guidance of all Courts, officers and other persons in all judicial and settlement proceedings under this Act.
(2) The State Government may make rules consistent with the provisions of this Act,-
(i) prescribing the qualifications of persons eligible for appointment as Chairman and members of the Board under section 4,
(ii) prescribing under section 10, the manner in which the jurisdiction of the Board may be exercised and its business may be distributed,
(iii) prescribing under sub-section (2) of section 23 read with the first Schedule matter which may be deemed to be judicial matters for the purposes of this Act,
(iv) prescribing the duties and powers of all Revenue Courts and officers under this Act,
(v) regulating the appointments of patwaris, Girdawar, Qanungos or Land Records Inspectors and Sadar Qanungos laying down their qualifications and conditions of service and prescribing their duties,
(vi) Omitted.
(vii). (viii), (ix), (x) Omitted.
(xi) prescribing the manner in which lands which are the property of the State under section 88 may be disposed of and the manner in which notice of an enquiry or order under that Section may be given,
(xi-a) prescribing the manner in which permission under section 90A for conversion of agricultural land into non-agricultural land shall be applied for the officer or authority to whom such shall be given the particulars to be given in such application; the manner in which enquiry is to be made the terms and conditions on which the permission may be given; the rate and manner of levy of urban assessment; the rate and manner of levy of the premium to be charged by the State Government on such conversion, and the due to be imposed under sub-section (5) of section 90-A).
(xii) regulating under section 39 the grazing of cattle on pasturage land,
(xiii) regulating under section 94 the control and management of forests and forest growths,
(xiv) regulating under section 95 the reservation of lands for the development of the abadi area of villages, the allotment of land in such area and any payment to be made or premium to he paid for such allotment, defining the rights which an allottee shall have in such area and laying down the extent of land which may be granted free of such payment or premium under section 98 for being used for the purpose therein specified,
(xv) regulating the holding of auctions under section 97,
(xvi) regulating under section 99 the construction, maintenance, demolition, repairs and extension of houses, or buildings,
(xvii) regulating under section 100 sales of land in industrial and commercial areas,
(xviii) regulating under section 101 the allotment of lands for agricultural purposes,
(xix) regulating under section 109 the procedure to be adopted by Land Records Officers in conduction survey and record operations or record operation only,
(xx) laying down under section 122 and 131 the mode of preparation, attestation an maintenance of map and field books,
(xxi) prescribing under the said sections the form and contents of field books and the manner in which and the intervals at which changes therein shall be recorded,
(xxii) regulating the mode of preparation, attestation and maintenance of the record of rights and annual registers referred to in sections 114 and 132 specifying the registers other than those referred to in section 114 to be prepared as constituents of the record of rights, and prescribing the particulars, other than those mentioned in section 121, to be specified in the khatauni,
(xxiii) regulating the procedure to be observed by land Records Officers in making inquiries under section 124;
(xxiv) regulating the mode of preparation of lists of Government lands under section 115 and prescribing the manner in which inquiries shall be made respecting such lands,
(xxv) regulating the mode of determining and recording Khudkasht lands under section 118,
(xxvi) regulating the ascertainment and determination of area to be reserved fro the residence of the inhabitants of villages.
(xxvii) prescribing the form, contents and mode of preparation of lists of villages under section 120,
(xxviii) prescribing the intervals at which the annual registers shall be prepared under section 132 the manner in which changes shall be recorded therein and the fees to be charged for recording such changes,
(xxix) prescribing the hours during which and the conditions on which maps, field books and registers prepared under Chapter VII shall be open to public inspection, the fees on payment of which copies of entries therein may be prepared and issued and the mode of attestation of such copies,
(xxx) regulating under section 147 the procedure of Settlement Officer in conducting settlement operations,
(xxxi) regulating the division under section 150 of assessment circles or assessment groups into various soil classes,
(xxxii) prescribing the manner in which the order stopping the recovery of rents in kind under section 165 shall be published,
(xxxiii) regulating the intermediate revisions of settlement in cases falling within third proviso to section 175,
(xxxiv) regulating the leavy of a special urban rate under section 180,
(xxxv) regulating under section 197 the determination of the general principles and conditions of valuation of lands for the purposes of partitions,
(xxxvi) regulating the determination of the costs of partition and instalments and times of payment thereof under section 203.
(xxxvii) regulating the division of an estate between the estate holder and the State Government under section 223,
(xxxviii) prescribing under section 226 the instalments, in which the persons to whom, the times and places at which and the manner in which the revenue or rent due to the State Government shall be paid,
(xxxix) regulating the issue of writs of demand and citations under section 229 directing by what officers or classes of officers such processes shall be issued and fixing the costs thereof to be recovered from defaulters,
(xl) regulating the procedure to be adopted when any estate or a specific share or patti thereof is transferred under section 234 or sold under section 235,
(xli) regulating the costs, that may be recovered in or in respect of any non-judicial proceeding under this Act not connected with settlement,
(xlii) regulating the procedure to be followed by any officer or person required or empowered under any provision of this Act to take any auction in any non-judicial matter not connected with settlement,
(xliii) regulating all matters which may be, or are required to be, prescribed or in respect which rules may be, or are required to be made, under any provision of this Act otherwise than by the Board under sub Section (1), and
(xliv) generally for carrying out the provisions of this Act.
262. Patwaris, etc. to be public servants..— Every patwari, Girdawar, Qanungo, or Land Records Inspector and Sadar Qanungo appointed under Chapter III and every person appointed temporarily to discharge the duties of any of them shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860), and all official records and documents kept by all or any of them shall be held to be public records and the property of the State.
263. Repeal and savings.— (1) On and from the coming into force of this Act, the following shall stand repealed in so far as the matters therein contained are covered by, or are consistent with, the provisions of this Act, namely : —
(a) the enactments mentioned in the Second Schedule;
(b) any laws of the covenanting State, other than the enactments mentioned in the Second Schedule, relating to matters covered by the provisions of this Act; and
(c) any laws amending the enactments or laws referred to in Clauses (a) and (b).
(2) The repeal of any enactment or law by this Act shall not legalize any practice which immediately before the passing of this Act was illegal.
(3) Any custom or usage prevailing at the commencement of this Act in any part of the State and having the force of law therein shall, if such custom or usage is repugnant to or inconsistent with the provision of this Act, cease to be operative to the extent of such repugnance or inconsistency.
The First Schedule
(See Section 23)
List of Judicial matters
1. Claims under subsection (2) of section 88.
2. Disputes with respect to the right of grazing cattle on pasturage land.
3. Disputes as to the right of user over forest growth and exclusion from forest land.
4. Settlement of boundary disputes.
5. Disputes as to entries in the record of rights and annual registers.
6. Disputes respecting the class or tenure of tenants.
7. Mutation upon succession, transfer or otherwise.
8. Disputes regarding the rent or revenue payable.
9. Disputes concerning Waj-ul-arz or Dastoor Ganwai.
10. Inquiry into and assessment of lands held free of revenue or rent.
11. Partition and consolidation of estates.
12. Imposition of fines, penalties, forfeitures and confiscations under this Act.
13. Determination of compensation.
14. Sales and auctions under this Act.
15. Such other matters as may be prescribed by the State Government
The Second Schedule
(See Section 263)
List of Enactments Repealed
1. The Rajasthan Territorial Divisions Ordinance. 1949.
2. The Rajasthan Board of Revenue Ordinance. 1949.
3. The Rajasthan Revenue Courts (Designation) Ordinance. 1949.
4. The Rajasthan Revenue Courts (Procedure & Jurisdiction) Act, 1951.
5. The Alwar State land Revenue Code.
6. The Bharatpur Revenue Code.
7. The Bharatpur Land Revenue Manual.
8. The Bikaner Land Revenue Act, 1945.
9. The Bundi State Land Revenue Act, 1942.
10. The Banswara Qywaid Mal.
11. The Dugnarpur Revenue Rules.
12. The Jaipur State Grants Land Tenures Act 1947.
13. The Jaipur Land Revenue Act, 1947.
14. The Jaipur Village Services Act, 1948.
15. The Karauli State Land Revenue Code.
16. The Kotah Revenue Circulars.
17. The Marwar Land Revenue Act, 1949.
18. The Marwar Jagir Settlement Regulations, 1949.
19. The Kanoon Mal Mewar Revenue Courts Act, 1949.
20. The Shahpura Quwaid Dakhil Kharij, 1923.
21. The Mewar Revenue Code Act, 1947.
22. The Sirohi Land Revenue Act, 1947. |
