RAJASTHAN REVENUE LAWS (EXTENSION) ACT, 1957
ACT NO. 2 OF 1958
Received the assent of the President on the 7th day of January, 1958
An Act to provide for the extension of certain revenue laws of the pre-reorganisation State of Rajasthan to the Abu, Ajmer and Sunel areas.
Whereas, with a view to accuring uniformity of revenue laws in the new State of Rajasthan as formed by section 10 of the State Reorganisation Act, 1956 (Central Act 37 of 1956), it is expedient to provide for the extension to the Abu, Ajmer and Sunel areas of the Sate of the Rajasthan Tenancy Act, 1955 (Rajasthan Act No. 3 of 1955) and the Rajasthan Revenue Act, 1956 (Rajasthan Act 15 of 1956) as in fore in the pre-reorganisation State of Rajasthan and to make suitable modifications therein for that purpose and for other purposes hereinafter appearing;
Be it enacted by the Rajasthan State Legislature in the Eighth Year of the Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called the Rajasthan Revenue Laws (Extension) Act, 1957.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the subject or context otherwise requires, —
(i) "appointed day" means the date appointed by notification issued under sub-section (2) of section 1 for the commencement of this Act and;
(ii) "Rajasthan Revenue Laws" means the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) and the Rajasthan Revenue Act, 1956 (Rajasthan Act 15 of 1956) as in fore in the pre-reorganisation State of Rajasthan.
3. Amendment of Rajasthan Revenue Laws.— On and from the appointed day, the Rajasthan revenue laws shall be amended in the manner and to the extent specified in section 4 and the First Schedule.
4. Modifications of general character in Rajasthan Revenue Laws.— Through out the Rajasthan Revenue Laws, unless the subject or context otherwise requires and save as is otherwise provided in this Act, -
(i) for the expression "Rajasthan Gazette" wherever occurring the expression "Official Gazette" shall be substituted;
(ii) for the word "Rajasthan", where occurring otherwise than in the expression "Rajasthan Gazette" or in the expression "State of Rajasthan" or in the short tiles of the Rajasthan revenue laws or in any other Rajasthan enactment, the words "the State" shall be substituted; and
(iii) references to the commencement or coming into force of any of the Rajasthan revenue laws shall, in relation to the commencement of such law in the Abu, Ajmer and Sunel areas, be construed as references to the commencement this Act.
5. Extension of Rajasthan revenue laws and rules etc., thereunder.— On and from the appointed day, the Rajasthan revenue laws, as amended by section 3 and 4 and the rules, regulations, orders and notification made or issued under such laws by a competent authority, shall extend and app!y to the whole of the new. State of Rajasthan including the Abu, Ajmer and Sunel areas
6. References to officers and authorities..— Any reference, by whatever form of words, in any law in force in the Abu, Ajmer and Sunel areas, or in any instrument or documents, to any authority or to any revenue, village or other officer or to any village servant competent to exercise any powers or to discharge any duties or to perform any functions or to render any service in such area shall, where the corresponding authority, has been constituted, or a corresponding new revenue, village or other officer or village servant has been appointed or provided for by or under the Rajasthan revenue laws or the rules, regulations, orders and notification thereunder, have effect as if it were a reference to such new authority, officer or servant, as the case may be.
7. Rule or construction.— For the purpose of facilitating the application of any of the provisions of the Rajasthan revenue laws and the rules, regulations, orders and notifications thereunder, any Court, authority or officer may construe the same with such alteration not affecting the substance, as may be necessary or proper to adopt such provision to the matter before such Court. authority or officer.
8. Powers to remove difficulties.— if any difficulty arises in giving effect in the Abu, Ajmer and Sunel area to the provisions of the Rajasthan revenue laws or the rules, regulations, orders and notifications thereunder, the State Government may, by order notified in the Official Gazette, make such provision or give such directions as appear of be necessary or expedient for the removal of the difficulty.
9. Repeal and Savings.— (I) On and from the appointed day -
(a) the enactment mentioned in the Second Schedule.
(b) any other laws corresponding to such enactments, and
(c) any laws amending the enactments and laws referred to in Clauses (a) and (b), shall stand repealed.
(2) All rules, regulations, order and notifications made or issued under the enactments and laws repealed by sub-section (1) shall, on and from the appointed day, and stand superseded.
(3) The provisions of sections 6 and 9 of the Rajasthan General Clauses Act 1955 (Rajasthan Act 8 of 1955) shall apply to such repeal and supersession.
(4) In particular and without prejudice to the generality of the provision contained in subsection (3), any status or property acquire, or any liability incurred, before the commencement of this Act in pursuance of a right conferred, or a duty imposed, by the
provisions of the enactments and laws hereby repealed or of the rules, regulations, orders and notification hereby superseded, shall not be affected by such repeal or supersession, notwithstanding that such status, property or liability is repugnant to, or inconsistent with, or could not be acquired or incurred under the provision of the Rajasthan revenue laws.
The First Schedule
(Note : The amendments made by the First Schedule have been carried over in the Principal Act and, therefore, that schedule has not been printed here separately).
The Second Schedule
(See Section 9)
List of enactments repealed
1. The Bombay Revenue Jurisdiction Act, 1876
2. The Bombay Revenue code, 1879.
3. The Bombay Revenue Tribunal Act, 1939.
4. The Bombay Tenancy and Agricultural Lands Act, 1948.
In so far as they apply to the Abu area.
5. The Ajmer Talukdars Relief Regulation, 1872.
6. The Ajmer Land & Revenue Regulation, 1877.
7. The Punjab Land Revenue Act, 1887.
8. The Ajmer Alienation of Land Regulation, 1914.
9. The Ajmer Merwara Redemption of Mortgages Regulation, 1928.
10. The Delhi and Ajmer Land Development Act, 1948.
11. The Ajmer Tenancy and Land Records Act, 1950.
In so far as they apply to the Ajmer area.
12. The Madya, Bharat Jagir Land Records management Act, 1949.
13. The Madhya Bharat Land Revenue and Tenancy Act, 1950.
In so far as they apply to the Sunel area. |
