RAJASTHAN LAND ACQUISITION RULES, 1956
(1) These rules may be called the Rajasthan Land Acquisition Rules, 1956.
(2) They shall come into force at once.
In these rules, unless the context otherwise requires, -
(a) "Act" means the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act XXIV of 1953);
(b) "form" means a form appended to these rules; and
(c) "section" means a section of the Act.
Section R.2 of the Rajasthan Land Acquisition Rules, 1956, deals with the interpretation of the rules, establishing the scope and guiding principles for their application. It provides the foundational framework for understanding how the Rules should be read and implemented in conjunction with relevant laws, especially the Rajasthan Land Revenue Act, 1956, and other related statutes.
Section R.2 states that unless explicitly provided otherwise, the Rules shall be interpreted in accordance with the provisions of the Rajasthan Land Revenue Act, 1956, and applicable laws. It emphasizes that the Rules are supplementary and clarificatory, meant to guide the administration of land revenue and acquisition procedures, and that their interpretation should align with the broader legislative intent.
Section R.2 itself does not prescribe any punishment. Its purpose is interpretative, guiding authorities and courts on the correct understanding of the Rules. Violations or misinterpretations may lead to administrative or judicial consequences, such as quashing of illegal orders, but no specific penal provisions are contained within this section.
Note: The references are based on the provided sources, primarily "MAGH SINGH VS STATE OF RAJASTHAN," which discusses judicial interpretations and application principles relevant to Rule R.2.
An Order under sub-section (1) of section 4 shall be in Form I.
A notice under clause (i) sub-sec. 4 shall be in Form I-A.
(1) The statement of objection under Sec. 5-A is to be in writing.
(2) In the enquiry into he objections, the Collector shall particularly investigate-
(a) whether the objector is in actual possession of the interest;
(b) whether the objector can show some specific ground, such as these-
(i) the notified purpose is not genuinely or properly a public purpose;
(ii) the land notified is not suitable for the purpose for which it is notified;
(iii) the land is not so well suited as other land;
(iv) the area proposed is excessive;
(v) the objector's land has been selected malici
(1) If a statement of objections is filed after the due date, or by a person who is not interested in the land, it shall be rejected.
(2) If any objections are received from a person interested in the land and within the time prescribed in sub-sec. (1) of Sec. 5A, the Collector shall fix a date not earlier than seven or later than twenty one days from the date of receipt of the objections for hearing the objections, and give notice thereof to the objector as well as to the department or company requiring the land, where such department is not the Revenue Department. Copies of the objections shall also be forwarded to such department or company.
(3) The department or company may file, on or before the date fixed by the collector, a statement by way of answer to the objections and may also depute a representative to attend the enquiry.
The Collector, after hearing all objections and recording a memorandum of the evidence produced in support or against the objections, and after making further inquiry, if he thinks fit, and after inspecting the land proposed to be acquired if be considers this necessary, shall submit the case for the decision of the Government, together with the record of the proceedings held by him and a report containing his recommendation of the objections.
On a consideration of the objections and the Collector's report thereon, if Government decide that the land should be acquired, a draft of the declaration required under Sec. 6 shall be submitted by the Collector of the district, or Collector's of the district concerned, to Government for approval and publication in the Official Gazette. If, on the other hand the Government decide to give up the acquisition [it shall issue a public notice canceling the order issued under Sec. 4].
The declaration under section 6 may be in Form No. 3.
After a declaration under Sec. 6 has been published in the Rajasthan Gazette, the Collector shall be responsible for all further proceedings in accordance with the provisions of the Act.
2[X X X]
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2. Omitted. by Notification No. F 1 (18) Rev./B/66, dated 6.6.1968 Pub. in Raj. Govt. Gaz., Part 4(c) dated 1.8.1968.
1[The] Collector shall send to the Tehsildar a copy of the notification issued under Sec. 6 and have the land marked out and measured. At the time of marking out and measuring the land, and officer of the department or company for which the land is to be acquired should, if possible be present, and see that the boundaries are correctly aligned.
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1. Substituted by Notification No. F 1 (18) Rev7./B/66, dated 6.6.1968 Pub. in Raj. Govt. Gaz., Part 4(c) dated 1.8.1968.
When action is taken under Sec. 8 and it is found that there is a discrepancy between the land to be acquired and the description or measurement of the land given in the notification, the proceedings need not be stayed. Provided the notification describes the land with approximate correctness and the persons interested in the land, have had due notice of Government's intention to acquire the land the acquisition should be completed, and no revised notification need be issued.
The notice to persons interested in the land, required to be served under Sec. 9, may be in Form No. 4.
The Collector shall give at least 15 days previous notice of the date fixed under Sec. 9 to the departmental officer acting on behalf of the department for acquisition of land, or to the company in order that he or they may have an opportunity making, in person, by agent or by letter, any representation regarding its value which he or they may think necessary.
Representation if any, made in response to the notice by the departmental officer or Company, whether in person, by agent or by written statements, shall be given consideration by the Collector.
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1. Substituted by Notification No. GSR 60, dated 21.7.1981 Pub. in Raj. Govt. Gaz., Part 4(c) dated 30.7.1981.
(1) On the date fixed in the notice issued under Sec. 9, the Collector shall cause those persons who are interested in the land to be acquired to appear before him. He shall then prepare two lists, one showing the names of persons present and the other the names of absentees. Unless it appears to the Collector that there is sufficient reason for adjourning proceedings to a later date, the case may be, disposed of except so far as the absentees are concerned.
(2) Matters to be inquired into by the Collector before awarding compensation.-The statement of the persons interested shall then be recorded as to whether they accept the measurements and agree to the rates of compensation proposed for the various classes of land, for trees, houses, standing crops, if any, and to the apportionment thereof. 6[If a holding or field is jointly held or is mortgaged, or held by] Khatedar tenants, t
When any agricultural land assessed to rent is acquired, the tenant shall be entitled to be relieved of the liability to pay the rent assessed on the land to be acquired and such relief shall have effect from the beginning of the agricultural year in which possession of the land is taken.
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1. Substituted by Notification No. F 1 (18) Rev./B/66, dated 6.6.1968 Pub. in Raj. Govt. Gaz., Part 4(c) dated 1.8.1968.
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2. Omitted by Notification No. F 1 (18) Rev./B/66, dated 6.6.1968 Pub. in Raj. Govt. Gaz., Part 4(c) dated 1.8.1968.
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2. Omitted by Notification No. F 1 (18) Rev./B/66, dated 6.6.1968 Pub. in Raj. Govt. Gaz., Part 4(c) dated 1.8.1968.
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2. Omitted by Notification No. F 1 (18) Rev./B/66, dated 6.6.1968 Pub. in Raj. Govt. Gaz., Part 4(c) dated 1.8.1968.
In determining the amount of compensation to be awarded the Collector shall take into consideration the fact that the land acquired is subject to the burden of the payment of 1[rent].
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1. Substituted by Notification No. F 1 (18) Rev./B/66, dated 6.6.1968 Pub. in Raj. Govt. Gaz., Part 4(c) dated 1.8.1968.
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2. Omitted by Notification No. F 1 (18) Rev./B/66, dated 6.6.1968 Pub. in Raj. Govt. Gaz., Part 4(c) dated 1.8.1968.
(1) When all statements have been recorded, the Collector shall draw up, with his own hand, his award, which should state the total area of the various classes of land taken up, the rate and total amount of each class, the total amount of compendation to be paid an account of crops, etc., the promotion of the compensation to be enjoyed by mortgagees and by Khatedar tenants, and decision on any objections that may have been raised by persons interested.
(2) To enable him to calculate accurately the additional compensation to be given
6. under sub-sec. (2) of Sec. 23 and to keep up fully and clearly his registers of all lands acquired and compensation paid for them, the Collector shall invariably record separately his finding under the first head of sub-sec. (1) of Sec. 23 which concerns the market value of the land.
&
The Collector shall then explain his award to the persons present and those interested in each holding shall be informed of the amount of compensation to which they are entitled. Immediate notice of the award shall also be sent to all persons interested in the land who are not present in Court. The notice may be in Form No. 5.
When action is taken under Sec. 19, the Collector should be guided by the following considerations in deciding whether to make a separate reference on account of each holding included in the award, as to which an application has been filed under Sec. 18, or to make a single reference covering several holdings. In any case there must be separate reference on account of each village. If the persons interested in a number of holdings in the same village object to the award on the same grounds one reference may be made as to all the holdings, however, the persons interested in any holding objects to the award on grounds which apply only to that holding, then a separate reference may be made as to that holding. Reference to the Court should, of course, be made only in the case of persons interested who have objected to the award, the assenting [persons interested] being settled with without reference to the Court. The provisions of the Code of Civil Procedure 1908 (V of 1
The Collector shall at once inform the departmental officer or company concerned of any reference to the Court made under 8[Sec. 18] and shall forward to him a copy of the grounds on which the objection to the award is taken 1[Sec. 18(2)]. When a notice is served under clause (c) of Sec. 20, the Collector shall immediately forward a copy to the departmental officer or company.
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1. Substituted by Notification No. F 1 (18) Rev./B/66, dated 6.6.1968 Pub. in Raj. Govt. Gaz., Part 4(c) dated 1.8.1968.
As soon as the award has been announced the Collector shall proceed to pay the compensation awarded to those persons who are present and who accept the award. Sufficient notice shall be given to enable all payees to assemble at the place where they will receive their dues, but no time should be wasted in useless endeavors to secure the attendance of absentees. A note shall be made of the names of those persons who refuse to accept the amount awarded or accept it under protest. As far as possible, payment of compensation should be made at the time of award, as most of the persons interested will then be present.
(1) In giving notice of the award under sub-sec. (2) of Sec. 12 and tendering payment under sub-sec. (1) of Sec. 31 to such of the persons interested as were not present personally or by their representatives when the award was made, the Collector shall require them to appear, personally or by representatives, by a certain date, to receive payment of the compensation awarded to them, intimating also that no interest will be allowed to them, if they fail to appear.
(2) The Collector should, as far as possible, arrange to make the payments due in or near the village to which the land pertains, in order that the number of undisbursed sums to be placed in deposit on account of nonattendance may be reduced to the minimum.
(3) Whenever payment is claimed through a representative such, representative must show legal authority for receiving the
When the persons concerned ultimately claim payment of sums placed in deposits, the amount will be paid to them in the same manner as ordinary revenue deposits.
The procedure laid down as to the payment of the compensation money in cases of reference under Sec. 18 shall apply also to reference under Sec. 30 or sub-sec. 35. The compensation money or if any of the parties are willing to accept payment of their shares and payment to them is admissible, the portion of it which is in dispute and cannot be paid away, shall be deposited in Court when the reference is made.
The Collector shall bear in mind the provisions of sub-sec. (4) of Sec. 31 which empower him to come to any agreement with the parties as to the method of payment; but except in the cases provided for by sub-sec. (3) of that Section, the Collector cannot force a party to take land in lieu of cash. Where, however, the interest of a party is so limited, as in the case of a trustee of a wakf property or a Hindu widow, as to make it extremely difficult, if not impossible, to arrive at an adequate cash, estimate of its value or where, from the circumstances of the case, it is impossible to place the parties concerned by a cash, compensation in the same or nearly the same position as before acquisition, sub-sec. (3) enables the Collector to arrange to award land (subject to the same limitation of interest) in lieu of cash.
A khatedar tenant, who has heritable and transferable rights under the Rajasthan Tenancy Act, 1955 (Raj. Act No. 3 of 1955), shall be entitled to compensation for the lands acquired from him.
(1) A Ghair-khatedar tenant; who is recorded as such in the revenue record for a period exceeding ten years in non-colony areas and fifteen years in colony areas shall be entitled to compensation for the lands acquired from him:
Provided that no enquiry is pending against such tenant with any competent authority under any Act or rules for the time being in forte, and on the conclusion of which there may be possibility of the land being resumed to the State:
Provided further that such Ghair-khatedar tenant in colony areas has paid full price of land to the State Government as per rules under which the allotment was made.
(2) That in case the judicial or quasi-judicial enquiry is pending before the competent authority, the amount of compensation shall be kept in deposit by the Land Acquisition O
(1) Whenever a Company makes an application to the State Government for acquisition of any land, the Government shall direct the Collector or submit a report to it on the following matters, namely: -
(i) that the company has made its best endeavor to find out lands in the locality suitable for the purpose of acquisition:
(ii) that the Company has made all reasonable efforts to get such lands, by negotiation with the persons interested therein on payment of reasonable price and such efforts have failed;
(iii) that the land proposed to be acquired is suitable for the purpose;
(iv) that the area of land proposed to be acquired is not excessive;
(v) that the Company is in a position to utilize the land expedi
(1) The terms of the agreement referred to in Sec. 41 of the Act shall also include the following matters, namely: -
(i) that the Company shall not, except with the previous sanction of the State Government, use the land for any purpose other than for which it is acquired;
(ii) that the time within which the dwelling houses or amenities directly connected therewith shall be erected or provided, or the building or work shall be constructed or executed, shall not exceed three years from the date of transfer of the land to the company;
(iii) that where the State Government is satisfied, after such enquiry as it may deem necessary, that the Company was prevented by reasons beyond its control from erecting, providing, construction or executing dwelling house or amenities or any building or work wit
(1) Without prejudice to the provisions of rule 33, the terms of the agreement referred to in Sec. 41 of the Act may also include the following matters, namely: -
That, in any case of urgency where possession of any land is proposed to be taken under Sec. 17 before an award has been made under Sec. 11 of the Act, the Company shall deposit with the Collector, free of interest, such amount (being not more that two third of the approximate amount compensation of payable in respect of the land as determined under clause (ii) of sub-rule (2) of Rule 33, and within such time as the Collector thinks fit, to specify in this behalf.
(2) Where any amount has been deposited with the Collector under sub-rule (1), the Collector shall tender payment of amount so deposited to the person interested who, in the opinion of the Collector, are entitled to
For the purpose of ensuring that the conditions provided for in the agreement executed by the Company are complied with, the State Government may direct the Collector, or such other officer as the Government may appoint for the purpose, to submit to it and to the Committee, a periodical report at such interval of time as it may specify, indicating the conditions which have been or have not been complied with as well as the steps taken by the Company towards their compliance.
Where a Company for which land has been acquired under the Act applies, for previous sanction of the State Government for the transfer of that land or any part thereof by sale, gift, lease or otherwise, no such sanction shall be given unless: -
(i) the proposed transfer of land alongwith dwelling houses, amenities, building or work, if any, is to some other Company, or where the company is a co-operative society, such transfer is to any or all of its members, or
(ii) where the land has been acquired solely for the erection of dwelling houses for workmen employed by the Company, the proposed transfer of the land alongwith dwelling house, if any, is to such workmen on their dependent heirs.
(1) When an application is made to the State Government for acquisition of any land by a Company, other than a Company owned or controlled by the Central Government or any State Government, such acquisition shall ordinarily be made in accordance with provisions of Part VII of the Act.
(2) Where any land is proposed to be acquired for a Company, other than a Company owned or controlled by the Central Government or any State Government, the special powers conferred on the State Government under Sec. 17 of Act shall not be exercisable unless it is satisfied that it is necessary to do so in order to avoid danger to life or property or that it is otherwise necessary to do so in public interest.]
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