RAJASTHAN COLONISATION ACT, 1954
(1) This Act may be called the Rajasthan Colonisation Act, 1954.
1[(2) It extends to the whole of the State of Rajasthan].
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1. Substituted by item No. 39 of the Schedule Pub. in Raj. Gaz. Pt. IV-A, Ex. Ordi., dated. 13.8.1957.
In this Act, unless the context otherwise requires-
(i) "Collector" means the Collector of the district and includes-
(a) any officer appointed by the State Government to perform all or any of the functions and exercise all or any of the powers of the Collector under this Act, and
(b) any officer appointed before or after the commencement of this Act for purposes of colonization;
1[(ii) "Colony" means any area to which this Act shall, by notification in the Official Gazette, be applied by an order of the State Government, or in respect of minor irrigation projects, by an order of the Collector authorised by the State Government in this behalf; and
2[(iii) XXX]
This Act shall apply to all lands in a colony.
The State Government may at any time, by notification in the 1[Official Gazette] withdraw a colony or any part of a colony from the operation of all or any of provisions of this Act 2[The State Government may also authorise a Collector to exercise the aforesaid powers in respect of a minor irrigation project for whole colony area or any part thereof within the local limits of the district."]
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1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, Pub. in Raj. Gaz., Pt. IV-A, Ex. Ordi., dt. 13.8.1957.
2. Inserted vide Noti. No. F. 2(20) Vidhi/83, dt. 13.9.1983, Pub. in Raj. Gaz., Ex. Ordi., Pt. 4A, dt. 14.9.1983.
(1) Except as otherwise provided in this Act, the laws relating to agricultural tenancies, land, the powers, duties, jurisdiction and procedure of revenue courts, the survey and record operations, the settlement and collection of revenue, rent and other demands and the partition of estates and tenancies, for the time being in force in a colony, shall, in so far as may be applicable, apply to tenancies held and to proceedings conducted under this Act.
(2) Nothing in such laws shall, however, be so construed as to vary or invalidate any rule made, or any condition entered in any statement of conditions issued, by the State Government under this Act.
The State Government may, by order published in the 1[Official Gazette], invest any officer appointed for colonisation of the colony with all or any of the powers of a Revenue Court or officer, other than the Board of Revenue, for the purpose of trying and hearing all or any specified classes of 1[applications,] suits or appeals arising in a colony.
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1. Substituted by Noti. No. F. 2(20) Vidhi/83, dt. 13.9.1983, Pub. in Raj. Gaz., Ex. Ordi., Pt. 4A, dt. 14.9.1983.
(1) The State Government may grant land in a colony to any person on such conditions as may be prescribed.
(2) The State Government may issue a statement or statements of the conditions on which it is willing to grant land in a colony to 1[any person].
(3) Where such statements of conditions have been issued, the Collector may, subject to the control of the State Government, allot land to any person, to be held subject to such conditions contained in the statement issued under sub-section (2) of this section as the Collector may, by written order, declare to be applicable to the case.
(4) No person shall be deemed to be a tenant or to have any right or title in the land allotted to him until such a written order has been passed and he has taken possession of the land with the permission of the
(1) Nothing contained in the Transfer of Property Act, 1882 (Act 4 of 1882), shall apply to the grant of any tenancy under section 7 or to any conditions imposed or any statement of conditions issued there under
(2) All conditions under or subject to which a grant of tenancy is made under section 7 shall be valid and take effect according to their tenor, notwithstanding anything to the contrary contained in any rule or law.
1[(1) The Collector may direct all or any section of allottees or tenants to effect rectangularisation of their fields.
(2) For the purpose of carrying out land development works for optimum utilization of irrigation waters and/or the saving of land from damage, the Collector may,
(i) direct the said allottees and tenants to carry out, at their own cost and as per plans and specifications approved by the Project Officer, land leveling work, reshaping of the fields, by division into rectangular bonded strips each connected to a water course and drains, excavation of water courses and drains, lining of water courses, soil treatment and land reclamation. Non- compliance of any of such directions shall be deemed to be a breach of the conditions imposed by this Act.
(ii) direct the taking over of t
The Rajasthan Colonisation Act, 1954, was enacted to regulate the colonisation and administration of lands in Rajasthan, with provisions for land allotment, tenancy, land development, and related matters. Section 9 specifically deals with the rectification and maintenance of land within colonies, emphasizing land development and proper utilization.
Section 9 empowers the Collector to direct allottees or tenants to effect rectangularisation of their fields and to carry out and maintain land development works. It aims to ensure proper land utilization, prevent wastage, and promote systematic land development within colonies.
Section 9 applies to all allottees and tenants within colonies established under the Act. It mandates land development activities, including rectangularisation, which involves restructuring land plots for better cultivation and land use efficiency. The section also covers the maintenance of such development works.
The section itself does not specify explicit penalties or punishments for non-compliance. However, failure to adhere to the directions of the Collector may lead to administrative actions, including penalties, resumption of land, or other measures as prescribed under the Act or related rules.
Note: The analysis is based on the available sources and general principles of the Rajasthan Colonisation Act, 1954, particularly Section 9. Specific penalties or detailed procedural rules may be governed by related rules or subsequent amendments.
The Collector may reserve in any specified locality such area as he may deem necessary for village site, grazing of cattle, roads and other common needs of the village and such reservation shall, on notification in the 1[Official Gazette], be deemed to be for a "public purpose" as defined in the Rajasthan Land Acquisition Act, 1953.
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1. Substituted by item (12) of the Schedule to Raj. Act No. 8 of 1962, Pub. in Raj. Gaz., Pt IV-A, Ex. Ordi., dated 23.4.1962
If any person who, after the commencement of this Act, has been put in possession of land in a colony as a tenant, shall have given false information intending or having reason to believe that any officer of the State Government at may be thereby deceived regarding his qualifications to become a tenant, he shall be deemed to have committed a breach of the conditions of his tenancy.
Subject to any orders that he may received from the 1[State Government] the Collector may allow any tenant to exchange the whole or any past of his tenancy for other land in the colony and the land so taken in exchange shall, in the absence of any special condition to the contrary to be recorded in writing by the Collector be deemed to be held on the conditions and subject to the obligations of which the land so given in exchange was held.
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1. Substituted vide Noti. No. F. 2(24) Vidhi/84, dt. 7.11.1984, Pub in Raj. Gaz., Ex. Ordi., Pt. 4A, dt. 7.11.1984.
1[(1) No tenet shall, without the previous consent in writing of the State Government or an Officer of the State Government authorised by it in this behalf, to be given on the fulfillment of such conditions as may be prescribed, transfer his right or interest in land by way of sale, mortgage, exchange or gift or shall create thereon or shall sub-let the same for more than five years except by way of exchange under Sec. 12 or by way of mortgage or charge to the State Government or to a bank for the purpose of obtaining financial assistance from any of them.
(2) A transfer or sub-lease made or charge created in contravention of sub-sec. (1) shall be void and if the transferee, sub-lessee or, as the case may be, the charge-holder has obtained possession of the land transferred, sub-let or, as the case may be, charged or of any part thereof, he shall, after an opportunity of being hear
Section 13 of the Rajasthan Colonisation Act, 1954, regulates the transfer of land rights by tenants in colonies, aiming to prevent unauthorized or unlawful transfers that may undermine the objectives of colonization and land administration.
This concise commentary synthesizes legal principles, judicial interpretations, and statutory provisions concerning Section 13 of the Rajasthan Colonisation Act, 1954, emphasizing its role in land regulation, restrictions on transfer, and constitutional validity.
(1) Not with sanding anything contained in section 13, or in any other provisions of this Act or in the Rules made or statement of conditions issued there under, but subject to sec. 42 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955), where any transfer in whom khatedari rights have vested by or under this Act in contravention of sub-section (1) of section 13 at any time before the commencement of the Rajasthan Colonisation (Amendment) Act, 1983, such transfer, sub-lease or charge may, on an application being made to the Collector in this behlf in such Form as may be prescribed and within 1[1425 days of such commencement i.e. up to 30.6.1987] by the transferor, lessor or as the case may be, the person creating the charge or by the purported transferee sub-lessee or, as the case may be, charge-holler or by any subsequent purported transferee, sub-lessee or, as the case may be, charge-holder, be declared, after hold
When the Collector is satisfied that a tenant in possession of land in a colony has committed a breach of the conditions of his tenancy, he may, after giving the tenant an opportunity to appear and state his objection,
(i) impose on the tenant a penalty not exceeding five hundred rupees, or
(ii) order the resumption of the tenancy:
Provided that, if the breach is capable of rectification, the Collector shall not impose any penalty or order the resumption of the tenancy, unless he has issued a written notice requiring the tenant to rectify the breach within a reasonable time, not being less than one month to be stated in the notice and the tenant has failed to comply with such notice.
Where an order resuming the tenancy has been passed under section 14, the Collector may order immediate re- entry upon and taking possession of the land, subject to the payment of compensation, to be fixed by the Collector, for uncut and un gathered crops and for the improvements, if any, that may have been made by the tenant:
Provided that, if the tenancy be allotted to any other person, the amount of compensation, if any, paid to the out-going tenant shall be recoverable by the Collector from the incoming tenant.
In any case where a tenant has been allotted a site for residential purposes in consideration of his tenancy, and such tenancy has been resumed under the provisions of sections 14 and 15 of this Act, the Collect may order re-entry upon and taking possession of such site:
Provided that the Collector shall fix and pay to the said tenant reasonable compensation for, or allow him to remove, any buildings or improvements made by him on such site.
Nothing in section 14 or section 15 or section 16 shall apply to:-
1(a) [X X X]
(b) any breach of a condition regarding arboriculture included in any statement of conditions other than a statement pertaining to tree planting tenants.
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1. Substituted by Sec. 4 of Raj. Act No. 27 of 1957, Pub. in Raj. Gaz., Pt. IV-A, Ex. Ordi., dt. 13.8.1957.
Sums due to 1[State Government] to be recoverable as arrears of land revenue
All sums due to the State Government in respect of a tenancy granted under the provisions of this Act or of the rules made and conditions issued there under and all sums due on account of fines, confiscations, costs and penalties shall be recoverable as if they were arrears of land revenue.
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1. Omitted by Sec. 5 of Raj. Act No. 23 of 1974 Pub. in R.G. Pt. IV-C Ex.Or. dt 22.9.1974.
The State Government may, at any time, by notification in the [Official Gazette] abrogate any of the limitations and obligations imposed upon tenants as part of the conditions of their tenure.
Notwithstanding anything contained in any law or in any statement of conditions issued under this Act, a tenant who has previously to the commencement of this Act acquired rights in any land to which this Act for the time being applies, shall in respect of such land be bound by the conditions set out in the schedule to this Act.
No animal maintained in accordance with any prescribed statement of conditions shall be liable to attachment or sale in execution of any decree.
1[(1) Any person who occupies or continues to occupy any land in a Colony to which he has no right or title or without lawful authority shall be regarded as a trespasser and may be summarily evicted there a from by the Collector at any time at his own motion or upon the application of an aggrieved person at whose disposal such land has been placed and any crops, trees and buildings or any other constructions, erected or anything deposited on such land shall, if not removed within such reasonable time as the Collector may from time to time fix for the purpose, be liable to be forfeited to the State and to be disposed of as the Collector may direct;
Provided that the Collector 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 transpose shall al
If any person, without permission of an officer of the grade to be specified by the State Government:-
(a) clears or breaks up for cultivation or cultivates any land which is not included in any tenancy or allotted residential enclosure or which has been set apart for the common purposes of a town or village community or section of the same or for a road, canal or water course; or
(b) erects 1[any building or any other structure for any purpose whatsoever] on any such land; or
(c) fells or otherwise destroys standing trees on such land; or
(d) otherwise encroaches on any such land; or
(e) makes an excavation or constructs a water channel on any such land,
he sh
When the Collector is satisfied that an act punishable under section 23 has been committed, he may in lieu of proceedings against the offence under that section or after conviction of the offender under that section-
(i) in the case of an offence under section 23 (a), confiscate, the crops growing on any land cultivated in contravention of this Act, or if the crops have been cut recover such sum as he may assess as the value thereof from the offender;
(ii) in the case of an offence under section 23(c) recover such sum as he may assess as the value of the tree or trees destroyed:
(iii) in the case of an offence under section 23 (b), (d) or (e), cause the building or other encroachment to be demolished or removed or the excavation or channel to be filled up, and levy the cost of so doing from th
A Civil Court shall not have jurisdiction in any master which the Collector is empowered by this Act to dispose of and shall not take cognizance of the manner in which the State Government or Collector any officer exercises any power vested in it or in him by or under this Act.
No suit shall lie against the State Government or any public servant for anything done in good faith under this Act.
Any act hitherto done or order passed by the State Government or by any officer appointee! for colonization of a colony or by any other officer within any area to which this Act may be applied, which is not contrary to the provisions of this Act, shall be deemed to have been done or passed under this Act.
The State Government may, by notification in the 1 [Official Gazette] make rules generally for carrying into effect the provisions and purposes of this Act and in particular for all matters which are required by this Act to be prescribed or which may be prescribed there under.
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1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, Pub. in Raj. Gaz., Pt. IV-A, Ex. Ordi. dated. 13.8.1957.
Every rule made, and every statement of conditions or notification issued, by the State Government under any provision of this Act shall be laid before the House of the State Legislature at the Session thereof next following and shall be liable to be rescinded or modified by a resolution of that House; and the rescission or modification so made shall, after publication by notification in the 1[Official Gazette], be deemed to have come into force.
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1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, Pub. in Raj. Gaz., Pt. IV-A, Ex. Ordi., dt. 13.8.1957.
1[Omitted
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1. Omitted by item No. 39 of the Schedule-ibid.
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