RAJASTHAN LAND REVENUE ACT, 1956
(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]1 appoint.
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1. Substituted by Sec. 4 of the Rajasthan Act No. 2 of 1958, pub. in Raj. Gaz. Part IV-A, Extraordinary, dt. 13-1-1958.
Nothing in this Act shall be construed so as in any way of 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 (Jagir 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)1 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 and other law or enactment not repeated by Section 263.
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In this Act, unless the subject or context otherwise requires-
(i) "Land Record Officer" shall mean the Collector and shall include Additional or Assistant Land Records Officer;
1[(ia) "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;
(ib) "Nazul Land" shall mean abadi land within the limits of a municipality or a panchayat circle or a village, town or city, vesting in the State Government;
(ic) "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)
(1) There shall be established for the State of Rajasthan, a Board of Revenue here in after referred as the Board. 1[(2) The Board shall consist of a Chairman, and not less than three and not more than 2[fifteen] other members].
(3) All appointments made under sub-session (2) shall be notified in the 3[Official Gazette].
4[(4) The State Government shall prescribe the qualifications of persons who shall be eligible for appointment as Chairman and member of the Board, the method of their selection for appointment and the condition 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 qualification shall continue to be the same a
The Rajasthan Land Revenue Act, 1956, serves as a comprehensive framework for land revenue administration in the state of Rajasthan. Section 4 specifically addresses the establishment and composition of the Board of Revenue, which plays a crucial role in the management and adjudication of land revenue matters.
Section 4 of the Rajasthan Land Revenue Act, 1956, establishes the Board of Revenue for the state of Rajasthan. It outlines the composition of the Board, including the appointment of a Chairman and other members, and delineates their powers and responsibilities in relation to land revenue administration.
The scope of Section 4 extends to the governance of land revenue administration in Rajasthan, ensuring that there is a structured body to handle disputes, appeals, and administrative functions related to land revenue.
Section 4 does not prescribe specific punishments; rather, it focuses on the establishment of the Board and its operational framework. However, violations of the rules established by the Board may lead to penalties as per other relevant sections of the Act.
All members of the Board shall hold office during the pleasure of the 1[Governor].
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1. Subs, vide Part 1 of the Fourth Schedule to the Rajasthan Adaptation of Law Order, 1955, pub. in Raj. Rajpatra, dt. 1.11.1956.
The headquarters of the Board of Revenue shall be at 1[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.
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1. Union of India v. Col. J.N. Sinha, AIR 1951 SC 40:1970 (2) SCC 458.
(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 the 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 general or special orders of the State Government, exercise such powers and discharge such functions as the Board may direct.
The Rajasthan Land Revenue Act, 1956, serves as a comprehensive legal framework governing land revenue administration in the state of Rajasthan. Section 7 of this Act pertains to the appointment of officers necessary for the execution of the Act's provisions, thereby establishing a structured approach to land revenue management.
Section 7 of the Rajasthan Land Revenue Act, 1956, provides for the appointment of a registrar and other ministerial officers as necessary for the effective exercise and performance of the powers conferred by the Act. This section is crucial for ensuring that the administrative machinery is in place to implement the provisions of the Act.
The scope of Section 7 extends to the administrative framework required for the enforcement of the Rajasthan Land Revenue Act. It ensures that there are designated officials responsible for managing land revenue matters, thereby facilitating efficient governance.
While Section 7 itself does not prescribe any punishment, it lays the groundwork for the operational structure of the Act. Violations of the provisions enforced by the officers appointed under this section may lead to penalties as specified in other sections of the Act.
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 1[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 entrusted to it by the 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.
Subject to other provisions of this Act, the general superintendence and control overall revenue courts and over all revenue officers shall be versed in, and all such courts and officers shall be subordinate to the Board.
(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 1[the State] and subject to any rule 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, 2[if the member who passed the judgment 3[and if the member who passed the judgment ceases to be attached the Board, any other member] declares that the case is a fit one for appea
The Rajasthan Land Revenue Act, 1956, serves as a comprehensive framework for land revenue administration in the state of Rajasthan. Section 10 specifically addresses the jurisdiction of the Board of Revenue and the procedural aspects of appeals against its decisions.
Section 10 outlines the jurisdiction of the Board of Revenue, detailing how it exercises its powers and the conditions under which appeals can be made against its decisions. It emphasizes the importance of following prescribed procedures and the necessity of providing opportunities for all parties involved to present their cases.
The scope of Section 10 extends to all matters related to land revenue disputes, including appeals against decisions made by the Board of Revenue. It ensures that the Board operates within its jurisdiction and that parties have a fair opportunity to contest decisions affecting their rights.
While Section 10 does not explicitly outline punishments, it implies that failure to comply with its provisions may result in the dismissal of appeals or other adverse outcomes for the parties involved.
This commentary provides a comprehensive overview of Section 10 of the Rajasthan Land Revenue Act, 1956, highlighting its significance in the context of land revenue administration and legal proceedings.
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.
(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 the Court.
(2) The High Court may, after such hearing as it thinks fit, record opinion on the question so referred and the decision of the case shall be in conformity with such opinion.
(1) Where a case is heard by a Bench of the Board, the decision of such case shall be in accordance with the opinions of the majority of the members who hear 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 member and decided in accordance with the opinion of the majority of the members including such other members who hear it.
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.
List of Registers Prescribed
JUDICIAL
1. Register for all defective cases.
2. Register of appeals from decrees.
3. Register of appeals from orders.
4. Register of revisions.
5. Register of applications for review of judgment.
6. Register of Revenue Reference.
7. Register of Miscellaneous Revenue Cases.
8. Register for d
(1) For the purpose of the revenue and general administration of the State, the whole of 1[the State] shall consist of as many 2[divisions and] 3[districts] as the State Government may deem fit.
2[(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 2[division] district, subdivision, tehsil or sub-tehsil constituted under this section.
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The State Government may by notification in the 1[Official Gazette]
(a) create new or abolish existing 2[divisions] districts, sub-divisions, tehsils and 3[sub-tehsils, villages], and
(b) alter the limits of any of them.
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1. Subs, by Sec. 4 of Raj. Act No. 2 of 1958, Pub. in Raj. Rajpatra - Part IV-A Ex. ord., dt. 13.1.1958.
2. Ins. by Act No. 10 of 1987 w.e.f. dt. 31.1.1987, Pub. in Raj. Gaz., Ex-ord., 4(ka), dt. 9.4.1987, Pages 43-50.
3. Subs, by Act No. 8 of 1995, pub. in Raj. Gaz., E.0.4(ka), dt. 26-4-1995, page 19.
1[The State Government shall appoint in each division a Commissioner and may appoint as may Additional Commissioners as may be necessary in a division or in two or more divisions or parts thereof combined.]
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1. Ins. by Act No. 10 of 1987 w.e.f. dt. 31.1.1987, Pub. in Raj. Gaz., Ex-ord., 4(ka), dt. 9.4.1987, Pages 43-50.
The Rajasthan Land Revenue Act, 1956, serves as a comprehensive framework for the administration of land revenue in the state of Rajasthan. Section 17 specifically addresses the appointment of revenue officers, which is crucial for the effective implementation of land revenue laws and the management of land resources.
Section 17 of the Rajasthan Land Revenue Act, 1956, empowers the State Government to appoint a Commissioner in each division and may also appoint Additional Commissioners and a Settlement Commissioner. This section is fundamental in establishing the hierarchy and structure of revenue administration in the state.
The scope of Section 17 extends to the administrative framework necessary for the effective management of land revenue. It ensures that there are designated officials responsible for overseeing land revenue matters, thus facilitating better governance and accountability.
While Section 17 itself does not prescribe specific punishments, it lays the groundwork for the responsibilities of appointed officers. Violations of duties by these officers may lead to disciplinary actions under other relevant provisions of the Act or associated regulations.
The State Government shall appoint for the whole of the State a Settlement Commissioner and may appoint as many Additional Settlement Commissioners as it may considers necessary.
The State Government shall appoint for the State, a Director of Land Records and may appoint as many Additional and Assistant Directors of Land Records as it may consider necessary.
The State Government-
(a) shall appoint-
(i) 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 Record 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) as Assistant Collector in charge of one or more sub-di
1[(1) The State Government may appoint such number of officers, not 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 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.]
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1. Ins. by Act No. 10 of 1987 w.e.f. dt. 31.1.1987, Pub. in Raj. Gaz., Ex-ord, 4(ka), dt. 9.4.1987, Pages 43-50.
Any appointment under Section 17 or Section 18 or Section 19 or Section 20 1[or Section 203-A] may be made by virtue of office.
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1. Ins. & omitted vide Sec. 4 read with item No. 16 of the Schedule of Rajasthan Act No. 8 of 1962, pub. in Raj. Rajpatra, Part IV-A, Ex. Ord"dt. 23.4.1962.
All appointments made under Section 17 to 21 shall be notified in the 1[Official Gazette], provided that it shall not be necessary so to notify the appointments of Naib-Tehsildars.
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1. Subs, by Sec. 4 of Rajasthan Act No. 2 of 1958, pub. in Raj. Gaz., Part IV-A, Ex., Ord., dt. 13-1-1958.
(1) The control of all non-judicial matters connected with revenue in the State, other than matter 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 a revenue court or officer has to determine the rights and liabilities of the parties thereto and the proceeding and orders as well as appeals, revisions and references in the case specified in the First Schedule shall be deemed to be judicial matters for the purpose of this Act.
Subject to the provisions of Section 9 & 23 -
1[(i) all addl. Commissioners, Collectors, Addl. Collectors, Sub-Divisional Officers, Asstt. Collectors, Tehsildars, Addl. Tehsildars and Naib-Tehsildars in a division shall be subordinate to the Commissioner of such division;]
(ii) all addl. Collectors, Sub-Divisional Officers, Asstt. Collectors, Tehsildars, Addl. Tehsildars and Naib-Tehsildars in a district shall be subordinate to the Collector of such district;
(iii) all Tehsildars, Addl. Tehsildars and Naib-Tehsildars in a sub-division shall be subordinate to the Sub-Divisional Officer of such sub-division;
(iv) all Addl. Tehsildars and Naib-Tehsildars in a Tehsil shall be subordinate to the Tehsildar of such Tehsil;
(1) 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 (Rajasthan 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 ther
(1) The State Government may, by notification in the 1[Official Gazette] confer-
(a) on a Naib-Tehsildar, all or any of the powers of a tehsildar,
(b) on a Tehsildar, all or any of the powers of an Assistant Collector,
(c) on an Assistant Collector, all or any of the powers of a Sub-Divisional Officer or a Land Records Officers or a Settlement Officer or a Collector,
(d) on a Sub-Divisional Officer, all or any of the powers of 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 a
In addition to the powers specified in Section 25 & 26 -
1[(a) a Commissioner shall, on being conferred powers under clause (g) of S. 26, have all the powers of, a Land Records Officer and the officers subordinate to the Land Records Officers];
(aa) a 2[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 all the powers of a Tehsildar and a Naib-Tehsildar;
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Whenever in consequence of the office of 1[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 1[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 1[a Commissioner], a Collector or a Sub-Divisional Officer or a Tehsildar by or under any law for the time being in force in 2[the State].
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1. Inserted by Act No. 10 of 1987 w.e.f. dt. 31-1-1987 Published in Raj. Gaz. EO, 4(ka) dated 9-4-1987 Pages 43-50.
2. Substituted by Section 4 of Rajasthan Act No. 2 of 1958, Published in Rajasthan Gazette, Part IV-A,
Where an officer is temporarily absent from his duties-
(i) any other officer of equal grade functioning at his headquarters 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 the ordinary duty, assume charge of the office of the absentee officer and shall continue in change 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
(ii) If any officer of an equal, superior or inferior grade is no 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 matte
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 after the number and limits of such cities.
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 1[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.
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1. Inserted vide Section 3 of the Rajasthan Act No. 18 of 1963, published in Rajasthan Gaz. Part IV-A, Extraordinary dt. 12-10-1963.
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.
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.
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.
The qualifications of service and duties of Patwaris, Girdawar Qanungos of Land Records Inspectors and Sadar Qanungos shall be regulated by rules made by the State Government in that behalf.
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 acquisition all information necessary for the correct compilation thereof.
1[2[3[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, ceases 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.]"
In every village or group of villages, there shall be appointed and maintained so many and such of the following village servants as the Collector, subject to the orders of the State Government, may direct namely:-
(i) a village watchman or chowkidar,
(ii) a village Balai, and
(iii) such other village servants as the State Government may from time to time notify in the1(Official Gazette).
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1. Subs, vide Sec. 4 of Raj. Act No. 2 of 1958, Pub. in Raj. Gaz. Part IV-A, Ex.-ord., dated 13-1-1958.
Every vacancy caused by the death, resignation, removal or otherwise, of a village servant shall be reported within fifteen days after the occurrence thereof, by the patwari, of the village to the Tehsildar within whose jurisdiction such village or group of villages is situate. The Tehsildar shall thereupon take such action, as may be prescribed by rule.
(1) For every village or group of villages within his Tehsil, the Tehsildar shall prepare, within the time prescribed by the Collector, a register of village servants, containing the prescribed particulars, on the basis of the best evidence available.
(2) Each register prepared under sub-section (1) shall be kept and maintained up-to-date as a permanent record and all alterations made from time to time in the number, personnel and other particulars of village servants, shall be properly noted therein and duly authenticated.
The village servants appointed and maintained under Section 41 shall be entitled to get such remuneration, at such scale and in such manner, as may be prescribed by rules made under this Act.
The remuneration of a village servant, whether consisting of land or interest in land or otherwise, shall not be liable to be alienated or encumbered except to the extent provided by the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) and it shall not be lawful for any court to attach or sell the same or any portion thereof.
(1) Every village servants, other than a village watchman appointed under this Act, shall perform such duties as may be imposed on him by rules made under this Act.
(2) Every village watchman appointed under this Act shall exercise such power and perform such duties as may be conferred and imposed on him by rules made under this Act or as may be required of him by the Superintendent of Police.
Whenever the Collector directs that a village servant shall be appointed for village or a group of villages or whenever a vacancy occurs in the officer of a village servant, the Tehsildar shall, within six weeks of such direction or vacancy make an appointment to the office.
No person shall be eligible for appointment as a village servant, who
(a) has not attained the age of majority, or
(b) is not physically or mentally capable of discharging the duties of his office, or
(c) does not reside in the area for which he is appointed, or
(d) has been convicted by a criminal court of an offence involving moral turpitude.
(1) A village servant 1(XXX) found guilty of not discharging his duties properly, shall be liable under the orders of the Tehsildar to a fine not exceeding twenty rupees.
(2) Subject to any rules made under this Act, a village servant or a Lambardar found:-
(i) to be unwilling to work as such or not physically fit to perform his duties; or (ii) to be guilty or gross misconduct or of continued and glaring neglect of his duties; or
(iii) to be otherwise unfit to remain in that office, may be suspended dismissed or removed from his office, after being given an opportunity to explain his conduct.
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1. Omitted and Section 7 of the Rajasthan Act No. 18 of 1963, Published in Raj. Gaz., Part IV-A
The State Government may declare that the powers of appointing and punishing a village servant under Section 47 and 49 shall be exercised in any specified local area by the Superintendent or Inspector of Police in respect of all or any of the village watchman in that local area, subject to an appeal to the District Magistrate of that area within one month.
(1) Every officer appointed under Chapter III may 1[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.
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1. Inserted by item No. 16 of the Schedule of Raj. Act No. 8 of 1962.
All revenue and village officers and their servants and workman 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 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.
The State Government or the Director of Land Records 1[or Commissioner] may transfer any non-judicial case or any class of non-judicial cases not concerned with settlement, and the Board or the Settlement Commissioner or the Director of Land Records *[XX] may transfer any judicial or settlement case or any class of such case from any subordinate revenue court or revenue officer to any other such court or officer competent to deal therewith.
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1. Inserted by Act No. 10 of 1987 w.e.f. 31-1-1987 Pub. in Raj. Gaz., EO, 4(ka) dt. 9-4-1987 Pages 43-50.
*Omitted by Raj. Act No. 8 of 1962.
1[A Commissioner], a Collector, a 2[Sub] Divisional Officer, a Tehsildar, a Land Records Officer or a Settlement Officer may make over any case or class of 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, 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.
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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 court, 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.
Section 55 of the Rajasthan Land Revenue Act, 1956, provides a statutory mechanism for the consolidation of cases involving substantially the same questions of law or fact. It aims to prevent judicial and administrative inefficiencies by allowing multiple suits or proceedings on related issues to be combined into a single proceeding, thereby promoting judicial economy and consistency.
Section 55 empowers revenue courts to consolidate multiple cases pending before them or in different courts, where such cases involve substantially the same questions for determination and are based on the same cause of action or related facts. The section stipulates that on application by any party, the court may order such consolidation, which leads to a joint trial and a single judgment covering all the connected cases.
The scope of Section 55 extends to cases involving similar issues of law or fact, which are pending in different revenue courts or in different stages before the same court. It applies to civil revenue suits, proceedings, or cases where consolidation can streamline the adjudicatory process, reduce procedural delays, and prevent conflicting judgments. The section is particularly relevant when multiple suits relate to the same land or rights and are at the stage of issue framing or trial.
Section 55 does not prescribe any specific punishment. Its primary function is procedural—to facilitate the consolidation of cases. However, failure to comply with an order of consolidation or deliberate delay in proceeding may attract contempt proceedings or other procedural consequences under the relevant rules and laws governing revenue courts.
Note: The references are based on the provided sources, primarily from case law and legal commentary related to Section 55 of the Rajasthan Land Revenue Act, 1956.
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.
1[(1) All applications, appeals and proceeding shall, in the absence of a provisions to the contrary effect, be presented to the Court, officer or authority to which or to whom such applications, appeals or proceedings lie under any provision of the 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 of 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 pr
(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 person 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 purposes of any inquiry or case arising under this Act or any other enactment for the time being in force.
(2) A summons 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 res
Every summons shall be in writing in duplicate and shall be signed and sealed by the officer issuing it or by such person as he empowers in this behalf, and it shall specify the time and place at with the person summoned is required to attend and also whether he is required to give evidence or to produce a document.
Every summons shall be served-
(i) 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
(ii) If any of the aforesaid 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
(iii) 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
(iv) if the re
SupremeToday AI Service seems to be Down for a While!
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 aforesaid 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.
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 the land to which it refers.
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.
(1) If any party to a case of 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.
(1) 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.
(1) Except where a case or proceedings before any revenue court or officer has been decided on the merits, no appeal shall lie from an order passed under Sec. 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 at 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.
(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.
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.
The Board 1[a Commissioner, an Additional Commissioner], 2[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 Addl. Collector, a Sub-Divisional Officer, an Asstt. Collector, a Land Records Officer, a Settlement Officer, a Tehsildar or an Addl. Tehsildar may, with the consent of the parties, by order refer any dispute before it or him to arbitration.
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1. Ins. by Act No. 10 of 1987 w.e.f. 31-1-1987, pub. in Raj. Gaz. E.0.4(Ka), dt. 9.4.1987, P. 43-50.
2. Sub. vide item 16 of the Schedule of Rajasthan Act No. 8 of 1962, pub. in Raj. Gaz. Part IV-A, Ex-order dt. 23.4.1962.
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.
Any application to set aside an award shall be made within the twenty days after the service of the notice of filing the 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.
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 that there is no valid award in law or in fact.
Section 72 of the Rajasthan Land Revenue Act, 1956, primarily deals with the bar to appeal and suit in civil courts concerning certain decisions made by revenue authorities. It aims to ensure the finality and immediate execution of revenue decisions, thereby streamlining land revenue administration and preventing prolonged litigation.
Section 72 states that decisions of revenue authorities shall be executed immediately and shall not be open to appeal or suit in civil courts unless expressly provided otherwise. The section emphasizes the swift enforcement of revenue orders and restricts civil judicial review, barring appeals unless explicitly permitted.
Section 72 applies to all decisions made by revenue authorities under the Rajasthan Land Revenue Act, 1956, that are intended to be final and executable. It limits the jurisdiction of civil courts in disputes concerning land revenue and related administrative decisions, promoting administrative efficiency.
While Section 72 itself does not prescribe specific punishments, failure to comply with revenue decisions can attract penalties under other provisions of the Act, such as fines or coercive recovery measures. Non-compliance may also result in contempt proceedings for obstructing revenue enforcement.
Note: The references are primarily based on the provisions of the Rajasthan Land Revenue Act, 1956, and relevant legal interpretations from cited sources.
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 courts in execution of there own decrees.
Notwithstanding any law for the time being in force, no appeal shall lie from any 1[XXX] order passed by any revenue court or officer except as provided in this Act.
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1. Omitted by Sec. 3 of Raj. Act No. 33 of 1959, pub. in Raj. Gaz. Part IV-A, E.O., dt. 30-6-1959.
(1) Save when otherwise provided in this Act, a first appeal shall lie-
1[(a) to the Collector from an original order passed by a Tehsildar in matters not connected with settlement or land records.
(b) to the 2[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 3[XXX] order passed by a revenue court or officer subordinate to him.
(d) to the Land Records Officer an original 3[XXX] order passed by a revenue court or officer subordinate to him.
(e) to the Settlement Commissioner from an original 3[XXX] order passed by a Settlement Officer or by
Section 75 of the Rajasthan Land Revenue Act, 1956, delineates the appellate process available against orders passed by revenue authorities. It provides the statutory framework for filing appeals, revising decisions, and the hierarchy of authorities empowered to hear such matters, thereby ensuring a structured mechanism for redressal of grievances related to land revenue and settlement issues.
Section 75 establishes the right of appeal from various revenue orders:- Sub-section (a): Appeal to the Collector from orders by Tehsildars in non-settlement matters.- Sub-section (b): Appeal to the Revenue Appellate Authority from orders by Assistant Collectors, Sub-Divisional Officers, or Collectors in non-settlement cases.- Further appeals lie to Settlement Officers, Land Records Officers, the Settlement Commissioner, and ultimately to the Board of Revenue from orders passed by subordinate authorities or the Revenue Appellate Authority.
It also stipulates the procedural aspects, including the hierarchy and the scope of appellate jurisdiction, and emphasizes that pending appeals against interim orders shall abate on the commencement of the Rajasthan Land Revenue (Amendment) Act, 1956.
This section primarily caters to appeals against revenue orders concerning land records, allotments, mutations, and other land-related decisions. It ensures that disputes at the revenue level are subject to appellate scrutiny, preventing arbitrary decisions and providing a judicial review mechanism within the revenue administration. The scope extends to all orders not related to settlement, emphasizing the importance of the hierarchical appellate process in land revenue administration.
Section 75 itself does not prescribe any criminal or civil punishment; rather, it provides the procedural avenue for redress. However, non-compliance with the appellate process or filing appeals beyond the prescribed period can lead to the rejection of appeals, and in certain cases, proceedings may be initiated for contempt or other violations if orders are flouted unlawfully.
This compilation underscores that Section 75 of the Rajasthan Land Revenue Act, 1956, provides a comprehensive, hierarchical appellate mechanism to ensure justice in land revenue matters, emphasizing procedural correctness, jurisdictional clarity, and timely filing. Judicial interpretations reinforce the importance of adhering to statutory provisions and procedural rules to uphold the rule of law in revenue administration.
1[***] An appeal shall lie from [an order] passed in appeal-
(a) by a Collector in 2[XXX] matters not connected with settlement or land records, -to the3[revenue appellate authority], or
(b) by a Settlement Officer acting under Section 181, to the Settlement Commissioner, or
(c) by a Land Records Officer- to the Director of Land Records, or
(d) by the 4[Commissioner or the] 5[revenue appellate authority] or the Settlement Commissioner1[XXX] to the Board.
(2) 1[***]
_____________________
1. Omitted and Substituted by Sec. 5 of Raj. Act No. 33 of 1956, published in Raj. Gaz. Part IV-A, Ex-ord., dt. 30-6-1956.
1(1) No appeal shall lie-
(a) from an order admitting an appeal or application for review on the ground specified in Sec. 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, 2[or]
1[(d) from an interim order, and
(2) The provisions of sub-section (1) shall apply to all applications or proceedings pending 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 7
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 1{XXX] order to which objection is made; or
(b) to the 2[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.
___________________
1. Omitted by S. 7 of Act No. 33 of 1959.
2. Subs, vide item No. 16 of the schedule of Raj. Act No. 8 of 1962 pub in Raj. Gaz. Part IV-A, Ex.-ord. dated 23.4.1962.
Every petition for appeal shall be accompanied by a certified copy of the 1[XXX] order to which objection is made, unless the production of such copy is dispensed with.
___________________
1. Omitted and substituted by Sec. 5 of Raj. Act No. 33 of 1959, pub. in Raj. Gaz. Part IV-A, Ex.-ord. dt. 30-6-1959.
(1) The appellate authority may either admit the appeal, or, after calling for the record and giving 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 there of shall be served on the respondent.
(3) After hearing the parties, if they appear, the appellate authority may confirm, vary or reverse the [XXX] 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
(1) If an appeal is admitted the appellate authority may, pending the result of the appeal, direct the execution of the 1[XXX] order appealed from to be stayed.
(2) A revenue court or officer passing any 1[XXX] order may direct the execution of such 1[XXX] 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 1[XXX] order is stayed under sub-section (1) or subsection (2), such security may be taken or conditions imposed as the appellate authority or the revenue court or officer thinks fit.
___________________
1. Omitted by Sec. 7 of Rajasthan Act No. 33 of 1959, Published in Raj. Gaz., Part IV-A, Extra-Ord., dt. 30-6-1959.
1[XXX] The Settlement Commissioner or the Director of Land Records 2[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
The State Government may call for the record of any non-judicial proceedings not connected with settlement held by any officer subordinate to it and may pass thereon such orders as it thinks fit.
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 exercise 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.
1[No revision shall lie against an interim order passed in any proceeding under this Act and all pending revisions against such orders shall abate on the 2[date of commencement of the Rajasthan Revenue Laws (Amendment) Ordinance, 1975 (Ordinance No. 13 of 1975).
_______________
1. Inserted vide section 5 of Rajasthan Act No. 4 of 1976, Published in Rajasthan Gazette Ex-ord. Part 4(Ka), dated 24-1-1976 Page 85.
2. 15th August, 1975 (Date of Commencement of Ordinance)
Section 84(a) of the Rajasthan Land Revenue Act, 1956, confers the power upon the Board of Revenue to call for records and revise orders of a judicial nature or connected with settlement proceedings. It is a vital provision enabling supervisory review to ensure correctness and legality of revenue orders, thereby maintaining the integrity of revenue administration.
Section 84(a) authorizes the Board of Revenue to call for the record of any case of a judicial nature or connected with settlement and revise the orders passed therein. It empowers the Board to examine the correctness, legality, and propriety of such orders, facilitating correction of errors and preventing miscarriage of justice.
Section 84(a) primarily covers:- Judicial orders passed by revenue officers or courts.- Orders related to settlement proceedings.- Cases where errors or irregularities are suspected.- It does not extend to interlocutory or purely administrative orders unless connected with judicial or settlement matters.
Section 84(a) itself does not prescribe any punishment. Its function is supervisory, aimed at correction and review. However, failure to comply with directions or concealment of records may attract disciplinary or penal consequences under other provisions of the Act or Rules.
Note: The references are based on the provided sources, primarily from the case law and commentary on Section 84 of the Rajasthan Land Revenue Act, 1956.
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.
1[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.]
_______________
1. Ins. by S. 2 of Rajasthan Act No. 26 of 1960, pub. in Rajpatra, Part IV-A, E.O., dt. 14-9-1960.
(1) The Board of its own motion, or on application of a party to a suit or other proceeding may review and may rescind, alter or confirm any 1[XXX] 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 application of any party interested, review any 1[XXX] 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 1[XXX] order shall be varied or reversed unless notice has been given to the parties interested to appear and be heard in support of such 1[XXX] order:
(ii) no 1[XXX] order from which an appeal has been made or which is the subject of any revision proceed
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.
(1) All public roads, paths, bridges and ditches; all fences on or beside the all rivers, streams, 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 person legally capable of holding property are except in so far as any right of such persons or bodies may be established in over the same and except, 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 thereto, the property of the State; and it shall be lawful for the Collector subject to the 1[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 of individuals legally subsisting.
(2) Where any property or any right in or
Legal Comments
"Section 88" - Section 88 vests unowned lands and public resources in the State; provides the State with disposal power subject to existing rights - [Sayar Devi VS State of Raj. ]
"Section 88" - Collector/authorities empowered to decide disputes under Section 88; show cause notices permissible; water/land rights are within state's domain - [Sayar Devi VS State of Raj. ]
"Section 88" - Water charges: State can levy water charges for use of water under Section 88; disputes proceed via Collector; not a charging provision per se, but authority to decide claims - [Assoc. Cement Co. Ltd. VS State of Raj. ]
"Section 136" - Correction of errors by Land Records Officer requires notice to show cause; ex-parte corrections and shifts in khatedari shares without notice are void ab initio; legitimate recourse is under Section 88 for declaratory relief - [01702091196]
"Section 136" - Scope limited: cannot shortcut to revise shares; corrections under 136 cannot replace a declaratory suit under 88; misapplication leads to ab initio void orders - [01702091196]
"Section 88(2)" - Decree or declaration can be sought under 88(2) when land vested in the State or JDA/UIT; improper reliance on defective entries can be corrected through 88(2) proceedings - [Hisar Khan VS State of Rajasthan]
"Consent Decree / Delay" - A consent decree under Section 88 cannot be set aside after a long delay without condoning delay; refusal to condone can sustain restoration of decree, as seen where 9-year delay invalidated remand actions - [Roop Kanwar VS Sohan Singh]
"Mutation/Entries" - Mutation entries, especially in tank-bed or sivai chak contexts, require hearing opportunities; lack of hearing to UIT or analogous bodies can warrant remand for merits; emphasize opportunity to affected party - [Mohan Ram VS State of Rajasthan]
"Estoppel / Waiver" - Doctrine of estoppel may bar challenge where UIT/State accepted benefits or prior decisions; however, estoppel depends on conduct and prior acknowledgments; cannot defeat core rightful claims under 88/136 where records show lack of proper process - [Urban Improvement Trust, through its Commissioner vs Girdhari, S/o. Shri Kumbha Ram, through his LRs.]
"Scope of Section 136 vs 88" - SDOs/Settlement Officers have constrained jurisdiction under Sec. 136 and cannot grant relief that properly belongs to Sec. 88 declaratory suit; misuse can render orders void ab initio - [Sultan Singh VS Adram]
"Judicial Approach to infructuous litigation" - Courts may dismiss or dispose of infructuous proceedings under Section 151 CPC in light of subsequent events; ensures no wastage of resources and avoids futile litigation under 136/88 - [Vipin Jangid Brahmin VS Mahendra Jangid]
"Residential/Industrial Land allotment under 102 & 63/63A Rules" - Government may allot unoccupied government agricultural lands for public utility under Section 102 and Rules 1963; court may uphold allotments if procedures and statutory requirements are satisfied; tank-bed or tank-bed conversions require careful matching to applicable rules (1961 vs 1963) - [National Engineering Industries Ltd. VS State of Rajasthan]
"Gair Khatedari rights" - Reference under 232 of the Rajasthan Tenancy Act is belated if raised long after judgment; correction of entries cannot substitute for original possessory rights; need proper application under 88 for declaration of khatedari rights - [Hemraj VS State of Rajasthan]
"Water rights under 88 vs 89" - While 88 vests land in State, 89 clarifies fisheries and water rights; courts recognize water in tanks as state property; charges for water use can be sustained under fiscal/legislative framework but require proper authority - [Assoc. Cement Co. Ltd. VS State of Raj. ]
"Promissory Estoppel (land allotment context)" - Promissory estoppel can apply when land was allotted or promised for public utility and the other party relied on it; however, the court requires clear evidence of promise and reliance and may quash attempts to defeat such rights if inconsistent with statute - [National Engineering Industries Ltd. VS State of Rajasthan]
"Sakkath/Development Acts interplay" - In urban/regional development cases (RSIR, JDA, UIT contexts), vesting of lands in public authorities does not extinguish private rights; courts examine statutory scheme and sustainability of development plans, with emphasis on public interest and environmental safeguards - [Papapuri S/o Chimanpuri VS State of Rajasthan]
"Remand for fresh merits" - When mutation or entry procedures were flawed (lack of hearing for UIT/Urban Trust), courts remand for fresh merits, stressing that mutation entries are not self-executing; due process is essential - [Mohan Ram VS State of Rajasthan]
"Limitation & Condonation" - Delay in filing appeals or revisions under 88/223 Tenancy Act is governed by CPC/Limitations; substantial delays require condonation analysis and may be fatal if not properly addressed - [Roop Kanwar VS Sohan Singh]
"Judicial caution on exercise of revisional powers" - Excessive/untimely revisional powers under 88 and 232 can be deemed arbitrary; courts require timely exercise and reasoned consideration of delay and evidence - [National Engineering Industries Ltd. VS State of Rajasthan]
"Declaration vs. possession relief" - Where a party seeks khatedari or other rights, courts distinguish between declaratory relief under 88 and possession-based relief under Section 64/65 of Limitation Act; misalignment can render relief void or infructuous - [Hemraj VS State of Rajasthan]
Note: References are provided in square brackets after each point, corresponding to the sources listed. If a point lacks a direct reference in the provided sources, it is omitted.
The right to all minerals, mines and quarries and to all fisheries, navigation and irrigation in and from, a river shall vest in the State Government and the State Government shall, 1[XXX] 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 dwellings 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
Legal Comments
"Section 89(7) penal clause" - Section 89(7) imposes a penalty for illegal extraction/removal of minerals from lands whose mineral rights vest in the State; the Court upheld the penal provision as a valid exercise of state power, subject to a prior compensation framework - [Jeeva VS State of Rajasthan - 2006 0 Supreme(Raj) 1209]
"Right to minerals vests in State" - Section 89 declares that the right to minerals, mines, quarries and fisheries vest in the State Government, with power to regulate and to compensate for infringements; the Court affirmed that compensation and prior sanction rules apply before entry or mining - [Hasmat Tara VS Board of Revenue - 1998 0 Supreme(Raj) 698]
"Mandatory compensation process" - For surface disturbance or occupation infringing rights, the State or its assignee must pay compensation determined by the Collector; if not accepted, by Civil Court, aligning with L.A. Act principles - [Hasmat Tara VS Board of Revenue - 1998 0 Supreme(Raj) 698], [State of Rajasthan VS National Limestone Co. (P) Ltd. - 2008 0 Supreme(Raj) 1458]
"Prior sanction before entry" - Section 89(5) requires previous sanction of the Collector before entry/occupation of land by the State or its assignee, unless compensation is determined/tendered; this protects khatedars and landowners - [Hasmat Tara VS Board of Revenue - 1998 0 Supreme(Raj) 698], [State of Rajasthan VS National Limestone Co. (P) Ltd. - 2008 0 Supreme(Raj) 1458]
"Hearing/objection procedures" - Section 89 contemplates hearing/objection mechanisms before divesting rights; constitutional validity upheld for procedure, with hearing built into the framework - [MAGH SINGH VS STATE OF RAJASTHAN - 1995 0 Supreme(Raj) 12]
"Scope harmonization with Minor Mineral Rules" - Courts have recognized that Section 89(7) penalties can operate alongside Minor Mineral Rules; alignment is required to avoid double jeopardy and to permit parallel actions under either regime - [State of Raj. VS Ashok - 2005 0 Supreme(Raj) 2507], [State of Rajasthan VS Yogesh Kumar - 2005 0 Supreme(Raj) 2506], [Prahlad VS State of Raj. - 2003 0 Supreme(Raj) 594]
"Mining rights v. public land protection" - The State owns rights to minerals; mining leases on government land must observe consent and compensation norms; temporary injunctions against mining on Gochar/government land are generally not favored when rights exist in the State - [Hasmat Tara VS Board of Revenue - 1998 0 Supreme(Raj) 698], [J. K. White Cement Works Gotan VS Board of Revenue for Rajasthan, Ajmer - 1997 0 Supreme(Raj) 1290]
"Viability of mining lease renewals" - Renewal/extension of mining leases must comply with consent from khatedar and relevant statutes; illegal renewals may be struck down and compensation proceedings triggered - [Kalyan Bheel VS State Of Rajasthan - 2017 0 Supreme(Raj) 2824]
"Compensation determination—Sub-section (4)" - The Collector determines compensation for infringement; if challenged, Civil Court may determine; this forms a core remedy for those whose surface rights are infringed - [State of Rajasthan VS National Limestone Co. (P) Ltd. - 2008 0 Supreme(Raj) 1458], [0170008890? not in list]
"Balance of convenience in injunctions" - In mining disputes, courts have balanced irreparable harm; sometimes allowing mining to proceed with compensation obligations rather than blocking extraction entirely, to protect public interest and economic activity - [J. K. White Cement Works Gotan VS Board of Revenue for Rajasthan, Ajmer - 1997 0 Supreme(Raj) 1290]
"Vires of Sub-section (7)" - Sub-section (7) was upheld as a valid expression of state power to penalize illegal extraction; constitutional validity affirmed against challenges invoking Union lis List I/II entries - [Jeeva VS State of Rajasthan - 2006 0 Supreme(Raj) 1209]
"Harmony between Sec. 89 and MMC Rules" - If illegal mining, proceedings may be under Sec. 89(7) or Minor Mineral Rules; boards have cautioned against double jeopardy and encouraged using either track as appropriate - [State of Rajasthan VS Yogesh Kumar - 2005 0 Supreme(Raj) 2506], [State of Raj. VS Ashok - 2005 0 Supreme(Raj) 2507]
"Temporary injunction against mining on revenue land" - The Supreme Court of Rajasthan has held that temporary injunctions restraining excavation from revenue land under a government mining license are generally improper when mining rights vest in the State and compensation/remedies exist under Section 89 - [Hasmat Tara VS Board of Revenue - 1998 0 Supreme(Raj) 698]
"Consent as precondition for mining lease" - For khatedar lands, consent of the khatedar is treated as a pre-requisite before grant of mining lease; failure to secure consent can render lease/renewal invalid; policy instruments reinforcing consent obligations have been upheld (Marble Policy context) - [Shambhu Singh VS State of Rajasthan - 2012 0 Supreme(Raj) 417], [Shambhu Singh VS State of Rajasthan - 2012 0 Supreme(Raj) 418]
"Collector’s demarcation and compensation duty" - Collector has authority to demarcate and determine compensation under Section 89(4); denial of demarcation or improper demarcation may be corrected on appeal/remand - [J. K. Sinthetics Ltd. VS Rehmat Ali - 2006 0 Supreme(Raj) 2472], [Ramchandra VS State of Rajasthan - 2008 0 Supreme(Raj) 397]
"Penalties and revenue recovery" - Penalties under Sec. 89(7) are recoverable as arrears of revenue when compensation is not paid; the Court has treated recovery as remedial and independent of the criminal framework - [Kalyan Bheel VS State Of Rajasthan - 2017 0 Supreme(Raj) 2824], [Kalyan Bheel VS State Of Rajasthan - 2017 0 Supreme(Raj) 2824]
"Judicial review on vires challenges" - Courts have repeatedly upheld Section 89 and its sub-parts against vires challenges, distinguishing central Mines Reg. Act jurisdiction and state authority to regulate mining within constitutional lists - [Jeeva VS State of Rajasthan - 2006 0 Supreme(Raj) 1209], [MAGH SINGH VS STATE OF RAJASTHAN - 1995 0 Supreme(Raj) 12]
"No entitlement to private lease renewals without khatedar consent" - Renewal of mining leases involving private land or khatedari rights requires khatedar consent; lack of consent can lead to illegal renewal being set aside and compensation processes triggered - [Kalyan Bheel VS State Of Rajasthan - 2017 0 Supreme(Raj) 2824], [Prahlad VS State of Raj. - 2003 0 Supreme(Raj) 594]
"No relative bar to pursue civil remedies" - Even where Section 89 proceedings are ongoing, parties may pursue civil actions (e.g., for declaration or injunction) but courts emphasize following due process and compensation frameworks before or alongside mining actions - [State of Rajasthan VS Daleep - 2009 0 Supreme(Raj) 65], [Ramsharan Modi VS Board of Revenue - 2011 0 Supreme(Raj) 170]
"Policy instruments and legal coherence" - Marble Policy and Rule-65A have been treated as valid within the statutory framework, providing procedural flexibility (consent-before-entry) without overruling the Act; they harmonize with 1986 Rules and Mines Act provisions - [Shambhu Singh VS State of Rajasthan - 2012 0 Supreme(Raj) 417], [Shambhu Singh VS State of Rajasthan - 2012 0 Supreme(Raj) 418]
"Pasture land and null/void renewals" - The judiciary has voided mining leases renewing on pasture/gochar land lacking proper sanction and found fraud or non-compliance with statutory requirements; such orders emphasize protecting grazing land and community rights - [State of Rajasthan VS Daleep - 2009 0 Supreme(Raj) 65], [Mahesh Sankhla VS State of Rajasthan - 2015 0 Supreme(Raj) 1496]
"Interplay with other Acts" - The interplay between LR Act, Minor Mineral Rules, MMDR Act and Mines Rules is complex; courts demand conformity with the most specific applicable provision and proper compensation mechanisms when coercive state action occurs - [State of Raj VS Chunni Lal - 2005 0 Supreme(Raj) 1271], [State Of Rajasthan VS Kalu - 2022 0 Supreme(Raj) 2253]
"Board of Revenue supervisory role" - The Board of Revenue can set aside illegal decrees under its supervisory jurisdiction when warranted by justice, though such intervention is to be sparing and exceptional - [Fateh Khan VS State of Rajasthan - 1979 0 Supreme(Raj) 296], [State of Rajasthan VS D. H. Well - 1978 0 Supreme(Raj) 353]
"Section 136 correction of revenue entries" - Section 136 correction of revenue entries is a recognized remedy for correcting entry errors in favor of respondent and maintaining proper revenue records, with Board of Revenue involvement; cross-check against other provisions to avoid conflicting outcomes - [State Of Rajasthan VS Kalu - 2022 0 Supreme(Raj) 2253], [State Of Rajasthan VS Kalu - 2022 0 Supreme(Raj) 2253]
"Limitations on writ petitions" - Writ petitions challenging Section 89 actions may be barred where statutory remedies exist (e.g., under Section 257B) or where concurrency of remedies is possible; ensure proper forum and exhaustion of remedies - [State of Rajasthan VS Daleep - 2009 0 Supreme(Raj) 65], [Rajasthan State Industrial Development & Investment Corporation Limited, Jaipur through its Senior Regional Manager VS Board of Revenue, Rajasthan, Ajmer - 2008 0 Supreme(Raj) 1054]
Note: The above points synthesize the provided case summaries and sources, focusing on Section 89, its essential ingredients, scope, penalties, hearing mechanisms, compensation framework, and judicial interpretations/consistencies. Where a source did not clearly provide a specific item, it has been omitted. References are provided in square brackets after each bullet.
(1) 1[Subject to other provision 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 provision of any law 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 land for the time being in force.
2[3-A) The State Government may, by notification in the Official Gazette, exempt, whether pro
1[(1) 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, 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 that 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 the 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
1[(1) Notwithstanding anything to the contrary contained in this Act and the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955) where before the commencement of the Rajasthan Laws (Amendment) Act, 1999 (Rajasthan Act No. 21 of 1999) any person, holding any land for agricultural purposes in 2["Urbanisable limits or peripheral belt of an urban area"], has used or has allowed to be used such land or part thereof, as the case may be, for non-agricultural purposes or, has parted with possession of such land or part thereof, as the case may be, 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 such land shall be liable to be resumed.
(2) Wh
The Rajasthan Land Revenue Act, 1956, serves as a comprehensive framework governing land revenue and related matters in the state of Rajasthan. Section 90(b) specifically addresses the termination of rights and resumption of land under certain conditions, particularly concerning the conversion of agricultural land to non-agricultural purposes.
Section 90(b) of the Rajasthan Land Revenue Act, 1956, stipulates that if a person holding land for agricultural purposes uses it for non-agricultural purposes or transfers possession of it for such use, their rights in that land may be terminated, and the land may be resumed by the state.
The scope of Section 90(b) extends to:- Agricultural land within urbanizable limits.- The authority of the state to resume land that has been improperly converted or used.- The legal framework for addressing disputes arising from such conversions.
While Section 90(b) does not prescribe criminal penalties, it allows for administrative actions leading to the termination of land rights and resumption of land by the state.
Termination of Rights - "Termination of rights" - Section 90(b) allows the state to terminate the rights of individuals using agricultural land for non-agricultural purposes, reinforcing the state's control over land use. - [ Manbhari Devi VS The State of Rajasthan]
Judicial Review - "Judicial review" - Courts have limited scope to review decisions made under Section 90(b), focusing on procedural correctness rather than the merits of the decision. - [ National Highway Authority of India VS Arbitrator-District Collector Jaipur Rajasthan]
Admissibility of Evidence - "Admissibility of unregistered agreements" - Courts have upheld the admissibility of unregistered sale agreements under Section 90(b), emphasizing the importance of public notices. - [ Ramswaroop VS Jaipur Development Authority]
Locus Standi - "Locus standi" - A party must have a recognized interest in the land to challenge actions taken under Section 90(b), as seen in cases where names were not recorded in revenue records. - [ Nathu VS State of Rajasthan]
Power of Authorities - "Authority limitations" - The Jaipur Development Authority cannot modify or cancel registered lease deeds; such powers rest solely with civil courts. - [ Panchu Lal Paharia VS Rajneesh Gupta]
Appeal Provisions - "Limited appeal rights" - Appeals under Section 90(b) are limited to aggrieved parties whose rights have been adversely affected by orders made under sub-section (5). - [ Shree Parshwanath Digamber Jain Mandir (Terahpanthi) Trust VS Mukesh Kumar]
Constitutional Validity - "Constitutional challenges" - Amendments to Section 90(b) have been upheld as constitutional, affirming the Governor's authority to enact such changes without presidential assent. - [ Manbhari Devi VS The State of Rajasthan]
Nature of Land - "Determination of land nature" - Courts have ruled that the nature of land (agricultural vs. residential) is a factual determination that cannot be revisited in judicial review unless there is a clear error. - [ National Highway Authority of India VS Arbitrator-District Collector Jaipur Rajasthan]
Public Notices - "Sufficiency of public notices" - The requirement for public notices under Section 90(b) has been interpreted to mean that notices must have wide circulation to be deemed sufficient. - [ Ramswaroop VS Jaipur Development Authority]
Resumption Process - "Resumption process" - The process for resuming land under Section 90(b) must follow due process, including serving notice and allowing the landholder to respond. - [ Manbhari Devi VS The State of Rajasthan]
Judicial Precedents - "Judicial precedents" - Various judicial precedents have established the framework for interpreting Section 90(b), emphasizing the need for adherence to procedural norms. - [ Sun City Project Pvt. Ltd. Through its Director Shri Varun Aggarwal, son of Shri Subhash Aggarwal VS Jaipur Development Authority, J. L. N. Marg, Jaipur, through its Secretary]
Land Acquisition Context - "Land acquisition context" - The provisions of Section 90(b) interact with land acquisition laws, particularly in cases where land is acquired for public purposes. - [ National Highway Authority of India VS Arbitrator-District Collector Jaipur Rajasthan]
Non-joinder of Parties - "Non-joinder of parties" - Failure to join necessary parties in proceedings related to Section 90(b) can lead to dismissal of petitions due to procedural deficiencies. - [ Manbhari Devi VS The State of Rajasthan]
Finality of Orders - "Finality of orders" - Orders passed under Section 90(b) are generally considered final and binding, with limited scope for appeal or review. - [ Shree Parshwanath Digamber Jain Mandir (Terahpanthi) Trust VS Mukesh Kumar]
Impact on Khatedars - "Impact on khatedars" - The provisions of Section 90(b) significantly impact khatedar tenants, particularly regarding their rights to use land for agricultural purposes. - [ Shyama VS Prithvi Singh]
Conversion Charges - "Conversion charges" - The requirement to pay conversion charges for changing land use is a critical aspect of compliance with Section 90(b). - [ Sun City Project Pvt. Ltd. Through its Director Shri Varun Aggarwal, son of Shri Subhash Aggarwal VS Jaipur Development Authority, J. L. N. Marg, Jaipur, through its Secretary]
Environmental Considerations - "Environmental considerations" - The resumption of land under Section 90(b) must also consider environmental impacts, particularly in cases involving agricultural land. - [ Forest Department, Govt. Of Rajasthan, Uaipur VS Kanna]
Administrative Discretion - "Administrative discretion" - The state retains significant discretion in enforcing Section 90(b), which can lead to varied interpretations and applications. - [ Sun City Project Pvt. Ltd. Through its Director Shri Varun Aggarwal, son of Shri Subhash Aggarwal VS Jaipur Development Authority, J. L. N. Marg, Jaipur, through its Secretary]
Rights of Co-sharers - "Rights of co-sharers" - The rights of co-sharers in ancestral properties are also affected by the provisions of Section 90(b), necessitating careful legal consideration. - [ Ramswaroop VS Jaipur Development Authority]
Public Policy Considerations - "Public policy considerations" - The enforcement of Section 90(b) aligns with broader public policy goals of regulating land use and ensuring proper urban planning. - [ National Highway Authority of India VS Arbitrator-District Collector Jaipur Rajasthan]
(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 at any time of his motion or upon the application of a local authority at whose disposal such land has been placed, and 2[any crop standing, or any] building or other construction erected, or anything deposited on such land shall, if not removed with in 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 1[in the case of any such crop in the manner the 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.
1[(
(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.
1[(2) XXX]
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1. Omitted by Section 8 of Rajasthan Act No. 33 of 1959, Published in Raj. Gaz. Part IV-A, Ex.-ord., dated 30-6-1959.
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.
(1) The State Government may with a view to preventing deforestation, make rules regulating to control and management of the forest-growth on the land 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 any 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 manner, the Collector may deem f
1[(1) All roadside trees which have been planted and reared by or under the order 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.
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1. Sees. 94-A and 94-B insered by Part B of the first schedule to Rajasthan Act No. 2 of 1958, Pub. in Raj. Gaz. Part IV-A, Ex.-ord. dt. 13-1-1958.
(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.]
(1) The State Government may make rules for the reservation of lands 1[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 1[XXX] 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 the paying such premium.
(4) Nothing in this section shall apply to land in the abadi area 1[XXX] 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 l
(1) The 1[State Government] may, by notification in the 2[Official Gazette], fix and may from time to time similarly revise, the rates of premium to be charged [for Nazul and other lands] within the "abadi" area [XXX].
(2) Such rate 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 [town or cities].
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1. Subs. Ins. & omitted by Sec. 10 of the Rajasthan Act No. 33 of 1959, Pub. in Raj. Gaz. Part IV-A, Ex.- Ord. dt. 30-6-1959
2. Substituted by Sec. 4 of the Rajasthan Act No. 2 of 1958, Published in Raj. Gaz. Part IV-A, Ex.-ord., dt. 13.1.1958.
In all cases where there are more than one applicant for the same piece of land in the abadi area 1[XXX], 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 reasons to be recorded;
(ii) small strips of land adjoining existing buildings shall, with the previous sanction of the Sub-Divisional Officer, be given at the rates fixed under subsection (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.
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1. Omitted by Sec. 11 of the Rajasthan Act N. 33 of 1959, Published I
(1) Subject to rules made by the State Government in this behalf; the Sub-Divisonal Officer may grant in villages 1[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 matter of right, and shall be provided only if it is available 2[XXX];
(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
The State Government may, by rules made under Act, regulate the construction, maintenance, demolition, repairs and extension of houses and other buildings in such villages or towns for which no local authority has been established.
The State Government may make rules regulating sales of lands in industrial and commercial areas and may also impose an annual assessment of such lands, wherever necessary.
1[(1) Save as otherwise provided elsewhere by this Act, lands 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 allotment 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.
2[(3) XXX deleted XXX]
(4) If there be more than one person requiring the same land, the allotment shall be made in the following order-
(i) to co-sharer 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 rules made under t
Notwithstanding anything hereinforce contained the State Government shall have power to allot and for the purpose of an industry or for any purpose of public utility on such conditions as it deems fit.
1[Any Nazul land or land set apart under Section 92 may be placed by the State Government at the disposal or 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, or 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.]
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1. U.I.T. Bikaner v. Kadumal alias Koda Ram, ILR (1971) 21 Raj. 1170, Chauthmal v. State, ILR (1971) 21 Raj. 1332; 1971 WLN 213.
For the purpose of this Chapter, unless the subject or context otherwise requires-
(a) "Land" means land belonging to all or any of the following categories-
(i) Land as defined in clause (24) of Section 5 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955),
(ii) 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,
(iii) 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 belongi
Where 1[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 1[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 by the local authority concerned in accordance with rules made by the State Government in this behalf.
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1. Subs, by Sec. 15 of Raj. Act No. 33 of 1959, Pub. in Raj. Gaz. Part IV-A, Ex.-ord., dt. 30-6-1959.
Nothing in Sections 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 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.
The State Government may direct, by notification in the 1[official Gazette] that the survey or re-survey of any local area shall be made and every such area shall, from the date of the said notification be held to be under survey and record operations the issue of another notification declaring such operations to be closed therein.
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1. Subs vide Sec. 4 of Raj. Act No. 2 of 1958, Pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 13-1-1958.
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.
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 it may deem fit.
The operations referred to in Sections 106 and 107 shall be in charge of the Director of Land Records and shall be conducted in the manner prescribed by the State Government.
(1) When any area is under survey and record operations, the Land Record Officer shall 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 Record Officer may issue a proclamation directing all estate holders and tenants of the area under survey and record operations to erect within fifteen days such boundary marks as he may think necessary to define the limits of their village, 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.
(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 if it 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.
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 Govt. in that behalf, prepare for each village or portion of a village comprised in such area or part a map and a field book.
In respect of every local area under survey and record operations or only under record operations the Land Records Officer shall frame for each village or portion of a village comprised therein a 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, this 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.<
(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 fourth such claims and the grounds therefore.
(2) If any such petition is presented, the Land Records Officer shall decide it summarily after making such inquiry as he deems necessary.
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 there to fore enjoyed the use of such land for pastural or other agricultural purposes, the Land Records Officer may assign to such village or village so much of such land as he may consider requisite for such purpose and shall mark off the remainder as, and declare it to be, the property of the State.
If a claim to the exercise of enjoyment of any right, not amounting to the right of exclusive possession, in to or over any land comprised in the proclamation issued under Section 115 is established, the Land Records Officer may assign to the claimant as his property a define portion of such land or, with the sanction of the State Government, otherwise compensate the claimant in accordance with the provision 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.
The Land Records Officer shall ascertain and determine the extent of all land as khudkasht and shall record the same as such.
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.
The Land Records Officer shall prepare in the prescribed form 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, assigned or compounded specifying the authority therefore and the conditions thereof.
(1) The register of persons cultivating or otherwise 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 1[X X X] the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) 2[or any other law or enactment for the time being in force in the whole or any part of the 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 particulars of such transfers,
(d) the khasra number of each field comprised in his holding and the area thereof,
&n
All undisputed entries in the record of rights shall be attested by the parties interested 1[ x x x].
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1. Expression "and decision of disputes" deleted by S. 2 of the Second Amendment Act No. 29 of 1995, and the following expression also deleted: and all disputes regarding such entries, whether taken up by the Land Records Officer of his own motion or upon application by any party interested, shall be disposed of by him in accordance with the provisions of Sees. 123, 124 and 125. Pub. in Raj. Gaz. Ex-ord. 4(ka), dt. 22-11-1995, Page 125.
1[x x x]
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1. Section 123 deleted by ibid. The text of S. 123 was as follows:
Determination of class of tenant-
(1) In case of any dispute regarding the class or tenure of any tenant, the Land Records Officer shall decide the dispute according to the principles laid down in the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955),
(2) In the trial of disputes under this section, the Land Records Officer shall observe the procedure prescribed under this Act.
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)
1[ x x x]
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1. Section 125 deleted vide S. 4 of the Second Amendment Act No. 29 of 1995. Pub. in Raj. Gaz. Ex-ord. 4(ka) dt. 22-11-1995, Page 125. The text of Section 125 was as follows:
Settlement of disputes as to entries In record of rights-
(1) All other disputes regarding entries in the record of rights shall be decided on the basis of possession. (2) If In the course of enquiry into a dispute under this section, the Land Records Officer is unable to satisfy himself as to which party is in possession, he shall ascertain by summary inquiry who is the person best entitled to possession, and shall decide the dispute accordingly. (3) No order as to possession passed under this section shall debar any person from establishing his righ
Until a new map and a field 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.
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 proceedings then pending before the Additional Land Records Officer shall, if such officer has not been appointed permanently, be transferred to the Collector.
All disputes concerning boundaries shall be decided by the Land Records Officer in the manner laid down in Section 111:
1[Provided that applications in relation to boundaries of fields may be made to any disposed 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 likehood of such a dispute arising.]
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1. Added by Sec. 16 of Raj. Act No. 33 of 1959, Pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 30-6-1959.
(1) All holders of villages, estates or fields shall be bound to maintain and keep in repair and 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 thinks fit.
1[(3) In cases of boundaries of fields where there is no dispute a
The Land Records 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 & to reward the informer. When such sum cannot be recovered, or if the offender cannot be discovered, the Land Records 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.
After the survey and record operations are over, the map and the field book shall be maintained by the Land Records 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 field and shall correct any errors which are shown to have been made in such map or field book.
Section 131 of the Rajasthan Land Revenue Act, 1956, pertains to the maintenance of maps and field books after survey and record operations are completed. It plays a crucial role in land record management, ensuring accurate and updated records for land administration, revenue collection, and dispute resolution.
Section 131 mandates that, following the survey and record operations, the Land Records Officer shall maintain and update the map and the field book. This includes recording the boundaries, rights, and changes in land details based on actual survey data and corrections. The section emphasizes the importance of keeping these records accurate and current.
Section 131 applies to all land records after survey and record operations are completed. It covers:- Maintenance of the cadastral map.- Preparation and updating of the field book.- Recording of boundary changes, rights, and ownership.- Corrections based on actual survey and possession data.- Ensuring records reflect the current land situation.
The section itself does not specify penalties or punishments. However, failure to maintain accurate records can lead to legal disputes, administrative penalties, or departmental action under the general provisions of the Rajasthan Land Revenue Act, 1956, and applicable rules. Negligence or deliberate misrecording may attract departmental disciplinary measures or legal consequences.
Note: The above legal comments are based on the provisions of Section 131 of the Rajasthan Land Revenue Act, 1956, and related rules and judicial interpretations. The section underscores the importance of accurate, updated land records for effective land administration, dispute resolution, and revenue collection. Negligence or deliberate misrecording can have serious legal implications, and the law provides mechanisms for correction and enforcement to uphold record integrity.
(1) The Land Records 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 the registers so prepared shall be called the annual registers.
(2) The Land 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.
(1) Every person obtaining possession by succession, transfer or otherwise of any property of other right or interest in any land or the profits 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 Records 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.
Section 133 of the Rajasthan Land Revenue Act, 1956, deals with the obligation of persons in possession of land or property to report their succession, transfer, or other rights concerning the land to the authorities. It aims to maintain accurate land records and prevent illegal transactions.
Note: The references are based on the provided sources, emphasizing the legal interpretation and practical application of Section 133 within the land revenue framework.
Any person neglecting to make the report required by Section 133 shall be liable to a fine not exceeding rupees ten.
(1) The Tehsildar, on receiving such report or upon the fact 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 if not so competent, refer the dispute to any other officer so competent for decision.
1[The Land Records 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.)
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1. Subs, for the following by Sec. 5 of the RLR (Second Amendment) Act, 1995 (Act No. 29 of 1995), Pub. In Raj. Gaz. E.-0 4(Ka) dated 22-11-95, Page 125.
136. Decision of disputes-All disputes respecting
Section 136 of the Rajasthan Land Revenue Act, 1956, empowers the Land Records Officer to correct clerical errors and certain admitted errors in the revenue records. This section facilitates the maintenance of accurate land records and ensures that minor mistakes do not adversely affect land rights and ownership. Its scope is primarily limited to errors that are clerical in nature or mutually admitted by parties, providing a quick and summary remedy to rectify such mistakes without resorting to lengthy litigation.
Section 136 authorizes the Land Records Officer to correct or cause to be corrected any clerical errors or errors admitted by the parties in the record of rights or registers. Corrections can be made in respect of errors noticed during inspection or brought to the notice of the officer. Importantly, no correction can be made unless a show cause notice is issued to the interested parties, ensuring procedural fairness.
Section 136 is confined to correcting clerical errors, typographical mistakes, or errors that are admitted by the parties or noticed during inspection. It does not extend to substantive disputes over land rights, ownership, or title, which require civil suits or other legal proceedings. The section is designed for quick rectification to prevent procedural delays in land record maintenance.
There are no specific punishments prescribed under Section 136 itself. However, misuse or wrongful correction without following due process may lead to civil or criminal liability, including penalties under other provisions of the Land Revenue Act or the Indian Penal Code for misconduct, forgery, or fraud.
Section 136 of the Rajasthan Land Revenue Act, 1956, provides a vital mechanism for the quick correction of clerical errors and mutually admitted mistakes in revenue records. Its limited scope ensures that substantive disputes over land rights are resolved through proper judicial or administrative proceedings. Strict adherence to procedural safeguards, especially notice and opportunity to be heard, is essential to uphold the legality of corrections. Any deviation or misuse can be challenged in courts, which have the authority to review and set aside illegal corrections, thereby safeguarding the rights of landowners and preventing arbitrary record modifications.
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.
All maps, field books and registers prepared under this Act, shall be open to public inspection free of cost at such hours, at such place and on such conditions as the State Government may prescribe.
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.
All entries made in the record of rights shall be presumed to be true until the contrary is proved.
1[(1) Notwithstanding anything contained in Sections 125 and 136, where a dispute arises as to the correctness or otherwise of any entry in the record to rights relating to khudkasht in respect of any Bir or Jore which was used by a Jagirdar as a grass preserve and let cut for grassing either after the grass was cut or removed or before, with or without any grassing 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 purpose of clause (a) of sub-section (1) of Section 180 of the Rajasthan Te
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.
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;
&nb
(1) The State Government may whenever it thinks fit, order, by notification in the Official Gazette, that a survey shall be made of any abadi area within 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 over such abadi are or part thereof shall be in charge of the survey so ordered.
(3) A local authority in charge 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 Collecto
The officer conducting the survey shall, for the purpose 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 abadi area or part thereof under survey, without being liable to any legal proceedings what so ever on account of such entry or of anything done on such land or premises in pursuance of the provisions of this Chapter:
Provided that no such entry shall be made upon any 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.
Before entering on any land or premises for 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 time (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 he may be able to give it.
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 person upon whom such notice has been served are present or not, and
(ii) every such person who fails to appear or is not so present shall be bound by the result of the survey in the same manner and to the same extent as if the survey were made in his presence.
(1) 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 of part thereof shall be shown on the map separately in the prescribed manner.
(3) To every piece of land 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 an
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 materials 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 when the boundary is defined by a permanent building, wall or fence.
(1) When any temporary boundary mark has been erected under Section 141-G, 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 whereon, or adjoining which such boundary mark is situate, requiring him to maintain and keep in repair such boundary mark till the survey had been completed.
(2) Should such owner nor comply with such notice, the officer conducting the survey may repair the boundary mark and the expenses incurred in doing so shall be recoverable from such owner as an arrear of land revenue.
(1) If the course of a survey 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 gearing 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
Appeal shall lie from an order passed by an Assistant Records. Officer under Section 141 - I to the Collector and may be preferred within thirty days from the date of such order.
(1) In every cases 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 it is appears to the Assistant Records Officer that the State Government or local authority is interested in any such dispute, he shall refuse to make such reference.
(2) To every reference made under sub-section (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.
(1) After the survey of abadi land or part thereof under survey has been completed, the officer conducting the survey shall send ail 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 document 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 the survey is lodged with the officer or authority incharge of 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
(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 o
(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 & any survey fee not so paid shall be recoverable as an arrear of land revenue: Provided that -
(a) the aggregate amount of the survey fees leviable from owners of lands and premises in the abadi or part thereof under survey shall not exceed one third 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 the
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.
Whoever fails to comply with a registration contained in any notice issued under this Chapter and duly served shall be liable to a fine not exceeding one hundred rupees.
(1) All maps, registers and other documents, referred to in subsection (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 extracts from such maps, registers and documents shall be granted on payment of such copying fees and in such manner as the State, Government may prescribe.
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.
No proceeding under this Chapter shall be effected by reason of any informality, provide 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 serve and notice required by or under this Chapter to be issued and served.
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 or any person 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.]
(1) The State Government may, by notification in 1[Official Gazette], order any district or other 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) until the issue of another notification declaring such operations to be closed therein.
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1. Substituted by Sec. 4 of Raj. Act No. 2 of 1958 Pub. on dt. 13-1-1958.
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.
In deciding whether a district or any other local area shall be brought under re-settlement, the State Government shall consider-
(i) whether a reasonable increase or decrease of revenue is likely to result;
(ii) whether, in case there is a prospect of such an increase there are satisfactory reasons for postponding re-settlement.
(iii) 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 in ten years shall ordinarily be deemed to be reasonable.
The State Government, upon the issue of a notification under sub-section (1) of Sec. 142,-
(i) shall appoint a Settlement Officer to be incharge of the operations referred to in sub-section (2) of Section 142 unless a permanent settlement Officer shall have been appointed to the district or other local area under such operations, and
(ii) may appoint as many Assistant Settlement Officers as it may deem necessary.
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 VI.
The State Government may, by notification in the 1[Official Gazette] make rules for the procedure of Settlement Officers in settlement operations.
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1. Substituted by Sec. 4 of Raj. Act No. 2 of 1958, Pub. in Raj. Gaz. Part IV Ext.-ord. dt. 13-1-1958.
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 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;
&n
(1) Simultaneously with, ' or soon after the completion of, the economic survey referred to in Section 148, the Settlement Officer shall from assessment circles or assessments group in the district or area under settlement operations.
(2) In forming assessment circles or assessment groups, the Settlement Officer shall have regard to homogenity in respect of 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, alongwith the quantity of procedure thereof as well as the p
The Settlement Officer shall also divide villages in each assessment circle or assessment group formed under Section 149 into various soil classes in accordance with rules made in that behalf.
The Settlement Officer shall then involve suitable rent-rates for each class of soil in each assessment circles or assessment group, as the case may be.
(1) With a view to arriving at fair and equitable rent-rates under Sec. 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 1[Official Gazette] declare to be 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 1[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 cl. (b);
&
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 soil class therein.
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.
(1) When rent-rates have been evolved in accordance with sec. 152 and 153, the Settlement Officer shall publish his proposals in respect thereof, alongwith 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 he thinks fit.
(4) The Settlement Officer shall then submit the proposals alongwith the objections received and the orders passed by him thereon, to the Settlement Commissioner.
(1) The Settlement Commissioner shall scrutinise the proposals received under Section 155 and make such inquiry into any of the matters contained therein as he may think necessary.
(2) He shall then submit the proposals to the Board along with his remarks and recommendations in respect thereof.
(3) On receipt of the proposals submitted under 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.
(4) The State Government may-
(i) sanction the proposals as recommended by the Board,
On the basis of the sanctioned rent-rates, the Settlement Officer shall proceed to asses rent payable, whether by way of abatement, enhancement, communication or otherwise of the existing rent, for each holding in the district or area under settlement operations.
The Settlement Officer shall exclude from assessment all land of the following descriptions, namely-
(i) land Occupied by the buildings with their appurtenances;
(ii) permanent threshing floors;
(iii) grave-yards, cremation grounds and play-grounds;
(iv) permanent roads and pathways; and
(v) unculturable land.
Where an improvement has been lawfully made 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.
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.
Where the rent for a holding assessed under Section 157 existing rent thereof, such existing rent shall not been 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.
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.
(1) When assessing rent under Section 157 for the assessable area of a 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 in respect of the average of the areas of the holding cultivated as 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 cultiv
(1) When rents have been assessed as hereinafter provided, the Settlement Officer shall cause assessment parchas to be prepared for all holdings in the district or other area under settlement operations.
(2) An assessment parcha for a holding shall show separately-
(a) the tenure of such holdings,
(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 improvements, if any, for which
(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 landholders 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-sectio
If the tenant or the land-holder presents and 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 of the holding.
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 commencement of the term of the settlement unless the Settlement Officer thinks fit, for any reasons, to direct that it rent shall be payable from some earlier date.
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.
(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 the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955).
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 as the tenant thereof in accordance with law.
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.
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 this Act or of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955).
(1) The Settlement Officer shall prepare a Wajib-ul-arz or Dastoor Ganwai for each village in the district of other local area under settlement operaions.
(2) The Settlement Officer shall, subject to rules made under this Act, ascertain and record in each such Wajib-ul-arz or Dastoor Ganwai-
(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
The Rajasthan Land Revenue Act, 1956, serves as a comprehensive framework for the administration of land revenue in the state of Rajasthan. Section 173 specifically addresses the preparation of Wajibul-arz or Dastoor Ganwai, which is crucial for the assessment and collection of land revenue.
Section 173 mandates that the Settlement Officer is responsible for preparing a Wajibul-arz or Dastoor Ganwai for each village within the district or local area undergoing settlement operations. This document serves as a record of the customary practices and rates of land revenue applicable to the land in question.
The scope of Section 173 extends to all villages within the jurisdiction of the Settlement Officer, ensuring that land revenue practices are documented uniformly across the state. This section plays a vital role in the transparency and accountability of land revenue administration.
While Section 173 itself does not prescribe specific punishments, violations related to the preparation and maintenance of the Dastoor Ganwai may lead to administrative penalties or legal repercussions under other relevant sections of the Act.
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.
The term of every settlement made under this Act shall be twenty years:
Provided that 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 well as settlement for precarious tracts and alluvial areas the State Government may sanction shorter terms and make rules for immediate revisio
Section 175 of the Rajasthan Land Revenue Act, 1956, pertains to the term of settlement of land, establishing the duration for which land settlements are valid and the conditions under which they can be extended or terminated.
Note: The references are based on the provided sources, primarily from the legal summaries and case references related to Section 175 and its interpretations.
1[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.]
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1. Inserted by Part B of the First Schedule of Rajasthan Act No. 2 of 1958, Published in Raj. Gaz. Part IV-A, Ex-ord., dated 13-1-1958.
(1) Notwithstanding anything contained in Section 175 when the State Government is satisfied that it is necessary to terminate before its expiry 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 & of its neighbouring areas or where 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 1[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 notific
1[(1) When any district or other local area is ordered to be brought under resettlement 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 resettlement 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.]
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1. Ins. by Sec. 3-Ibid.
All persons continuing to hold land after the expiry or termination of the term of a settlement shall1[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.
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1. Ins. by Sec. 4-Ibid.
1[(1) if any land held by a tenant is irrigated by canal constructed at the expense of State Government and if such land is assessed at unirrigated rates, the tenant shall, as from the date of 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 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 nehri rates have been sanctioned for other lands in the command of that project, the lowest of the nehri rates applicable in the command of that project shall be charged instead of the unirrigated rate enhanced by Rs. 1.50 per bigha as aforesaid.
Explanation- For purposes of this sub-section 'bigha' shall mean an area equivalent to 5/8th
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 district to which a Settlement Officer shall have been appointed, such Settlement Officer, shall assess rents for such local area in accordance with rules made under this Act.
(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 the 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 non-agricultural 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 Collector or the Permanent Settlement Officer with reference to the altered value of such l
Notwithstanding anything contained in this Act, the State Government may at any time by the notification in the 1[Official Gazette], direct that any urban area that may have developed in any part of the State shall be subject to the levy, in accordance with rules made under this Act, of a special urban rate in addition to rent.
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1. Substituted by Sec. 4 of Raj. Act No. 2 of 1958 Pub. in Raj. Gaz. Part IV-A Ext.-ord., dt. 13-1-1958.
When the settlement operations in any area are closed by notification under Sec. 142, all applications 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.
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 and determined under Section 166.
(1) Notwithstanding anything contained in the foregoing provisions of Chapter or in any enactment, rule, order of 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 (5) of Section 156 by the State Government need modification of 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 reviewed by the Settlement Officer.
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'Partition' means the division of a partible estate in to two or more portions, each consisting of one or more shares.
All estates shall be presumed to be impartible unless proved by custom or otherwise to be partible.
(1) Every co-sharer of a partible estate may claim partition of his share in such estate.
(2) Any number of co-shares may join in such claim.
An application 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-shares of an estate:
Provided that, when any share is in possession of a mortgage 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.
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 Collector 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 applications.
When an estate is situated in two or more districts, the partition shall be made 1[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.]
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1. Substituted by Act No. 10 of 1987, Pub. in Raj. Gaz. Ex-ord. Part 4(A), dt. 9-4-1987 w.e.f. 31-1-1987.
Where several claimants have brought separate claims for partition of the same estate, all such claims shall be consolidated for purpose of being tried together as a single claim and shall be disposed of by one judgment.
(1) If on receipt of the application or any other state 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 be so partitioned as to result in one or more estates of less than such area, as may be prescribed.
The Collector on receiving an application for partition shall, if it is in order & 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-sharers 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 issue thereof, and to state their objections, if any, to the partition. A copy of the proclamation shall be served on each co-sharer.
(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 the question in dispute has been determined by a competent court, or
(b) require any party to the case to institute within three months a suit in the civil court for the determination of such question, or
(c) proceed to enquire 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 the institutes the suit, the
The appellate court may issue a precept to the Collector, acting 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).
(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 collections 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.
Section 195 of the Rajasthan Land Revenue Act, 1956, pertains to the attachment of estate and the powers of the Collector to take possession of land or property under certain circumstances. It plays a crucial role in the enforcement of revenue laws, especially in cases involving disputes, unpaid dues, or illegal possession. Its proper understanding is essential for revenue officers, legal practitioners, and courts dealing with land and property issues under the Act.
Section 195 authorizes the Collector, with the prior sanction of the Board, to attach the entire estate of a person at any stage of an application or proceeding under the Act, and to take possession or management of the estate pending the finalization of the case. This power is exercised to prevent misuse, protect revenue interests, or secure compliance with revenue orders.
This concise legal commentary aims to clarify the scope, purpose, and limitations of Section 195 of the Rajasthan Land Revenue Act, 1956, based on case law, statutory interpretation, and legal principles. Proper exercise of this power ensures effective revenue management while safeguarding the rights of landholders.
(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
(1) The Collector shall than 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 lands 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 vary not only with the area of each plot but also with the class of its soil, the facilities for irrigation, the nature of its tenure, the personal qualities of its tenants and other matters affecting the value.
(2) The general principals and conditions of valuation having been settled, the patwari shall work out the value each plot accordingly.
(1) Upon completion of the inquiry prescribed by Section 196 the Collector shall, if he does not dismiss application at this or any earlier stage, make a preliminary order in the prescribed form, 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 questions 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 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-sharers in the newly formed estate shall al
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.
If the parties agree to make the partition themselves, then-
(a) a date shall be fixed to 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 of 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 of each of the portions into which the estate is divided,
(e
(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 arbitration.
(2) The provision 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 ward made by them.
(3) The provisions of Sec. 201 shall be applicable as if for the word 'parties', the word 'arbitrators' were substituted.
(4) If 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 produced before t
The Rajasthan Land Revenue Act, 1956, is a comprehensive legislation governing land revenue administration in the state of Rajasthan, India. Section 201 specifically addresses the sale of property in execution of a decree, providing a legal framework for such transactions.
Section 201 of the Rajasthan Land Revenue Act, 1956, stipulates the procedure for the sale of property, particularly gardens or land, that is to be sold in execution of a court decree. This section outlines the authority and process involved in executing such sales.
The scope of Section 201 is limited to the execution of court decrees concerning land and gardens. It does not extend to other forms of property or transactions outside the purview of court orders.
While Section 201 itself does not prescribe specific punishments, violations related to the improper execution of sales or failure to comply with the decree may lead to legal consequences under other relevant sections of the Act or general civil law.
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.
The Rajasthan Land Revenue Act, 1956, is a comprehensive legislation that governs land revenue administration in the state of Rajasthan. Section 202 specifically addresses the appointment and responsibilities of the Office Qanungo, a key official in the land revenue system.
Section 202 outlines the framework for the appointment of an Office Qanungo in each Tehsil, detailing their responsibilities in managing land records and related administrative tasks.
The scope of Section 202 is primarily administrative, focusing on the organization of land revenue officials and ensuring efficient management of land records at the Tehsil level.
While Section 202 itself does not prescribe specific punishments, violations related to the duties of the Office Qanungo may lead to disciplinary actions as per the broader provisions of the Act.
(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 instalments and at such time 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 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.
The Rajasthan Land Revenue Act, 1956, governs land revenue administration in the state of Rajasthan. Section 203 specifically addresses the rules and procedures related to the partition of land, which is a significant aspect of land management and ownership in the region.
Section 203 of the Rajasthan Land Revenue Act, 1956, outlines the authority of the State Government to create rules regarding the partition of land. It specifies the items to be included in the partition process and the costs associated with it.
The scope of Section 203 extends to all matters concerning the partition of land within the jurisdiction of Rajasthan. It provides a framework for the orderly division of land among co-owners or heirs, ensuring clarity and legal compliance.
While Section 203 itself does not prescribe specific punishments, violations of the rules made under this section may lead to penalties as determined by the relevant authorities or other sections of the Act.
When the estimates 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.
The Rajasthan Land Revenue Act, 1956, serves as a comprehensive legal framework governing land revenue administration in the state of Rajasthan. Section 204 specifically addresses the powers and responsibilities of revenue officers in relation to land revenue assessments.
Section 204 of the Rajasthan Land Revenue Act, 1956, empowers designated revenue officers to assess and determine the land revenue payable by landholders. This section outlines the procedure for such assessments and the authority vested in the officers to ensure compliance with the revenue laws.
The scope of Section 204 encompasses:- The assessment of land revenue for various categories of land.- The authority of revenue officers to make determinations regarding revenue based on land use and classification.- The procedural framework for conducting assessments and notifying landholders.
While Section 204 itself does not prescribe specific punishments, non-compliance with the assessments made under this section may lead to penalties as outlined in other sections of the Rajasthan Land Revenue Act.
(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 person making the same and the manner of, and reasons for, his decision thereon.
(ii) prepare a programme for personal inspection and give 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
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The Rajasthan Land Revenue Act, 1956, is a pivotal legislation governing land revenue administration in the state of Rajasthan. Section 205 specifically addresses the procedural aspects related to the preparation and maintenance of land records, which are essential for effective land management and revenue collection.
Section 205 outlines the responsibilities of revenue officers in preparing and maintaining land records. It mandates the creation of a tentative list of landholders and the recording of relevant details to ensure transparency and accuracy in land ownership and revenue assessment.
The scope of Section 205 extends to all revenue officers within the jurisdiction of Rajasthan, including Collectors, Sub-Divisional Officers, and Tehsildars. It emphasizes the importance of accurate land records in the administration of land revenue and the resolution of disputes related to land ownership.
While the specific punitive measures for non-compliance with Section 205 are not detailed in the provided sources, it is implied that failure to adhere to the provisions may lead to administrative penalties or legal repercussions as per the broader framework of the Rajasthan Land Revenue Act.
On receiving such report the Collector shall issue a proclamation calling upon all papers concerned to appear on a date to be fixed therein and state their claims or objections, if any, against the proposals made under sub-section (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.
The Rajasthan Land Revenue Act, 1956, is a pivotal legislation that governs land revenue administration in the state of Rajasthan, India. It establishes the framework for land revenue assessment, collection, and management, ensuring that land records are maintained accurately and efficiently.
Section 206 of the Rajasthan Land Revenue Act, 1956, pertains to the provision of contingent expenditure and the supply of stationery and postage stamps to the Office Qanungo, as prescribed by the Collector.
The scope of Section 206 is limited to administrative provisions concerning the operational needs of the Office Qanungo. It does not delve into substantive land revenue issues but rather focuses on the logistical support required for effective functioning.
The text does not specify any punitive measures directly associated with Section 206. However, violations of administrative protocols may lead to disciplinary actions as per the broader provisions of the Act.
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.
The Rajasthan Land Revenue Act, 1956, governs land revenue administration in the state of Rajasthan. Section 207 specifically addresses the jurisdiction of revenue courts concerning certain types of suits and applications related to land matters.
Section 207 of the Rajasthan Land Revenue Act stipulates that all suits and applications of a specified nature must be heard and determined by revenue courts. This section delineates the jurisdictional boundaries between civil courts and revenue courts, particularly concerning agricultural land and related disputes.
The scope of Section 207 is limited to agricultural land and related disputes, which means that civil courts are barred from adjudicating matters that fall within this section's jurisdiction. This includes issues like land transfers, succession, and encroachments on agricultural land.
While Section 207 itself does not prescribe specific punishments, it establishes the framework for jurisdictional authority. Failure to comply with this jurisdictional mandate may lead to dismissal of cases filed in civil courts, as they lack the authority to adjudicate such matters.
In making partition the division of tenant's holdings shall, as for as possible, be avoided and where such division is unavoidable, the rent of each holding shall be distributed over the parts divided off.
The Rajasthan Land Revenue Act, 1956, is a significant piece of legislation that governs land revenue administration in the state of Rajasthan, India. Section 208 specifically addresses the division of tenant holdings, aiming to maintain the integrity of land tenure and prevent fragmentation.
Section 208 of the Rajasthan Land Revenue Act, 1956, stipulates that in making a partition of land, the division of a tenant's holding should be avoided as far as possible. This provision is designed to protect the interests of tenants and ensure that their holdings remain viable for agricultural purposes.
The scope of Section 208 extends to all matters related to the partition of land holdings among tenants. It aims to ensure that such partitions do not lead to the fragmentation of land, which could adversely affect agricultural productivity and tenant livelihoods.
While Section 208 itself does not prescribe specific punishments for violations, it is part of a broader legal framework that may impose penalties for actions contrary to its provisions.
Lands in which khudkasht 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.
The Rajasthan Land Revenue Act, 1956, is a comprehensive legislation that governs land revenue administration in the state of Rajasthan. Section 209 specifically addresses the division of lands where Khudkasht rights have accrued, providing a framework for the management and distribution of such lands.
Section 209 of the Rajasthan Land Revenue Act, 1956, stipulates that lands in which Khudkasht rights have accrued and are currently subsisting shall be separately divided. This provision is crucial for ensuring that the rights of landholders are recognized and maintained.
The scope of Section 209 is primarily focused on the management of lands with Khudkasht rights, ensuring that these lands are treated distinctly from other types of land holdings. This provision is significant in the context of land reforms and the protection of tenant rights.
The specific punishment for violations related to Section 209 is not explicitly detailed in the available sources. However, the Act generally provides for penalties related to unauthorized occupation and other infractions under different sections.
(1) Lands held in common other than lands referred to in Sec. 209, shall be allotted in a manner so as to erasure that each portion gets such part thereof as is proportionate in value to the share or shares constituting it.
(2) Lands held in serverally, other than lands referred to in Section 209 shall as far as possible, be allotted to the portion of the co-sharer or co-sharers holding them.
The Rajasthan Land Revenue Act, 1956, serves as a comprehensive framework for the management and regulation of land revenue in the state of Rajasthan. Section 210 specifically addresses the allotment of lands held in common, ensuring equitable distribution and management of such lands.
Section 210 mandates that lands held in common, excluding those referred to in Section 209, must be allotted in a manner that ensures fairness and equity among the stakeholders involved. This section is crucial for maintaining order and preventing disputes over common lands.
The scope of Section 210 encompasses:- The management of common lands in Rajasthan.- The procedures and principles guiding the allotment of such lands.- The prevention of conflicts arising from the misuse or misallocation of common lands.
While Section 210 itself does not explicitly prescribe punishments, violations related to the improper allotment of common lands may lead to administrative actions or penalties as per the broader provisions of the Rajasthan Land Revenue Act.
If in making a partition it is necessary to include in the portion allotted to a co-sharers 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 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, orchards and improvements thereon, on condition of his paying therefore a reasonable ground-rent. The limits of such lands and the rent therefore shall be fixed by the Collector in all such cases, a defined pathway shall, as far as possible, be secured to the owner of the houses, gardens, orchands or improvements as the case may be leading therefrom to some public highway or some portion of the separate estate allotted to him.
Section 211 of the Rajasthan Land Revenue Act, 1956 addresses the rights and responsibilities of co-sharers in relation to land partitioning, particularly concerning the inclusion of buildings or gardens on land allotted to another co-sharer. This section is crucial for maintaining equitable rights among co-owners and ensuring that the interests of all parties are considered during land partitioning.
Section 211 stipulates that when a partition of land occurs, it may be necessary to include lands occupied by a dwelling house or other buildings, as well as gardens, in the portion allotted to a co-sharer. This provision aims to prevent disputes arising from the physical occupation of land and to ensure that the rights of co-sharers are respected.
The scope of Section 211 extends to all co-sharers involved in a partition of land, ensuring that any structures or gardens present on the land are accounted for in the division. This provision is essential for preventing future disputes and ensuring clarity in ownership and rights.
While Section 211 itself does not prescribe specific punishments, failure to adhere to its provisions may lead to legal disputes and potential penalties under other relevant sections of the Rajasthan Land Revenue Act or related laws.
(1) Tanks, wells, watercourses 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 charge for repairs thereof shall be borne by such proprietor and the manner in which the profits (if any), derived therefrom shall be divided.
The Rajasthan Land Revenue Act, 1956, is a comprehensive legislation that governs land revenue administration in the state of Rajasthan. Section 212 specifically addresses the provisions related to the appointment of receivers and the management of land-related disputes.
Section 212 of the Rajasthan Land Revenue Act, 1956, outlines the conditions under which a receiver may be appointed in disputes concerning land. It provides the framework for the management of land and water resources, emphasizing the importance of maintaining joint ownership in certain circumstances.
The scope of Section 212 extends to:- Management of water resources attached to land.- Situations where joint ownership is essential for the benefit of multiple landowners.- Legal proceedings concerning land disputes where the appointment of a receiver is deemed necessary.
While Section 212 itself does not prescribe specific punishments, it operates within the broader framework of the Rajasthan Land Revenue Act, which may impose penalties for non-compliance with its provisions.
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 decide by an agreement, which shall be filed with the record.
The Rajasthan Land Revenue Act, 1956, is a comprehensive legislation that governs land revenue administration in the state of Rajasthan. Section 213 specifically addresses the status of places of worship and cremation or burial grounds, ensuring their continued communal holding.
Section 213 states that places of worship and cremation or burial grounds that were held in common before the partition shall continue to be held in that manner unless the individuals holding them decide otherwise.
The scope of Section 213 is limited to specific types of land—namely, places of worship and burial grounds. It aims to preserve the communal nature of these lands, reflecting the cultural and social values associated with them.
The section does not explicitly outline any penalties or punishments for violations. However, it implies that any unauthorized transfer or alteration of the status of these lands could lead to legal disputes.
This commentary highlights the significance of Section 213 within the Rajasthan Land Revenue Act, 1956, emphasizing its role in preserving communal land rights and cultural heritage.
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 incompactness.
The Rajasthan Land Revenue Act, 1956, is a significant piece of legislation governing land revenue administration in the state of Rajasthan, India. Section 214 specifically addresses the issue of partitioning land and the conditions under which such partitions may be disallowed.
Section 214 of the Rajasthan Land Revenue Act, 1956, stipulates that in making a partition of land, the several portions into which the estate is divided must be made as compact as possible. This provision aims to ensure that land is divided in a manner that maintains its usability and integrity.
While Section 214 itself does not prescribe specific penalties for non-compliance, it implies that partitions not adhering to the compactness requirement may be disallowed or reversed by the relevant authorities.
In all cases, whether partition has been made by agreement or by arbitration or by 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 Sec. 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.
The Rajasthan Land Revenue Act, 1956, is a comprehensive legislation that governs land revenue administration in the state of Rajasthan. Section 215 specifically addresses the distribution of revenue upon partition, which is a significant aspect of land management and ownership in the region.
Section 215 of the Rajasthan Land Revenue Act pertains to the distribution of land revenue when a partition of land occurs. It outlines the procedures and responsibilities involved in ensuring that revenue is appropriately allocated among the parties involved in the partition.
The scope of Section 215 encompasses:- The procedural framework for revenue distribution.- The roles of revenue officials in executing the distribution.- The implications for landowners in terms of their financial obligations to the state post-partition.
While the specific punitive measures for non-compliance with Section 215 are not detailed in the provided sources, it is generally understood that failure to adhere to the provisions of the Act may lead to administrative penalties or legal repercussions as outlined in other sections of the Act.
(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 therefore;
(c) where any portion represents the shares of more than one co-sharer, the particular 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 final order has been drawn up by a subordina
The Rajasthan Land Revenue Act, 1956, serves as a comprehensive framework for the management and regulation of land revenue in the state of Rajasthan. Section 216 specifically addresses the procedural aspects following the distribution of revenue, outlining the responsibilities of the Collector in formalizing the distribution process.
Section 216 mandates that once the revenue has been distributed, the Collector is required to prepare a final order that specifies various particulars related to the distribution. This includes details about the lands involved, the rights and obligations of co-sharers, and any other relevant information.
The scope of Section 216 encompasses the procedural duties of the Collector in ensuring that the distribution of land revenue is documented and communicated effectively. It aims to provide clarity and transparency in the revenue distribution process.
While Section 216 itself does not prescribe specific punishments, it is part of a broader legal framework where violations related to revenue distribution may attract penalties as per other relevant sections of the Act.
(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 2 of 1899) of the Central Legislature as adopted to 1[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 p
The Rajasthan Land Revenue Act, 1956, is a comprehensive legislation governing land revenue administration in the state of Rajasthan. Section 217 specifically addresses the procedures and implications related to the partition of land, providing a framework for the execution of partition orders.
Section 217 outlines the process for partitioning land and the responsibilities of the Collector in executing such partitions. It emphasizes the legal effect of partition instruments as akin to decrees passed by civil courts for the recovery of possession over immovable property.
The scope of Section 217 extends to all matters related to the partition of land within the jurisdiction of Rajasthan, ensuring that the process is conducted in a legally sound manner and that all records are accurately maintained.
While Section 217 itself does not prescribe specific punishments, violations related to the execution of partition orders may lead to legal consequences as per the broader provisions of the Rajasthan Land Revenue Act.
Any person or persons to whom any land is allotted in the instrument of partition shall be entitled separate possession thereof as against the other parties to the partition and their legal representative, 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.
The Rajasthan Land Revenue Act, 1956, is a comprehensive legislative framework governing land revenue administration in the state of Rajasthan. Section 218 specifically addresses the delivery of possession of property that has been allotted through partition, ensuring that rightful owners can reclaim their land.
Section 218 states that any person or persons to whom land is allotted in the instrument of partition shall be entitled to the delivery of possession of that property. This provision is crucial for the enforcement of partition orders and the restoration of property rights.
The scope of Section 218 encompasses:- The legal framework for partitioning land among co-owners.- The procedural aspects of delivering possession to the rightful allottee.- The role of revenue authorities in facilitating this process.
While Section 218 itself does not prescribe specific punishments, failure to comply with the delivery of possession may lead to legal disputes and potential penalties under related provisions of the Rajasthan Land Revenue Act.
When an estate consists of two or more village or portions of villages, the State Government may direct its division into as may estate as may be necessary for administrative convenience. On receipt of such direction the Collector shall after considering any representations made by the estate-holders 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.
The Rajasthan Land Revenue Act, 1956, serves as a comprehensive framework for the management of land revenue in the state of Rajasthan. Among its various provisions, Section 219 specifically addresses the division of complex estates, which is crucial for effective land administration and revenue collection.
Section 219 empowers the State Government to direct the division of an estate that consists of two or more villages or portions of villages. This provision is aimed at simplifying land management and ensuring that revenue collection is efficient and equitable.
The scope of Section 219 is significant as it allows for the reorganization of land holdings, which can lead to better governance and administration of land revenue. This provision is particularly relevant in areas where land ownership is fragmented or where multiple villages share common resources.
While Section 219 itself does not prescribe specific punishments, violations related to the improper execution of its provisions may lead to administrative penalties or legal repercussions under other relevant sections of the Act.
When in making a partition under this Chapter, the revenue has owing to fraud or error been wrongly distributed, the Board may, at the 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.
The Rajasthan Land Revenue Act, 1956, serves as a comprehensive framework for the assessment and collection of land revenue in the state of Rajasthan. Section 220 specifically addresses issues related to fraudulent or erroneous distribution of revenue, ensuring accountability and transparency in land revenue management.
Section 220 of the Rajasthan Land Revenue Act, 1956, deals with the consequences of fraudulent or erroneous distribution of land revenue. It empowers the authorities to take corrective measures against any discrepancies found in the revenue distribution process.
While Section 220 does not explicitly prescribe criminal penalties, it allows for administrative actions to rectify the erroneous distribution of revenue. This may include reassessment of land revenue and potential penalties for fraudulent activities.
(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.
If two or more revenue paying estates from 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.
(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.
(1) The revenue or rent assessed on every estate or holding shall be first charge thereon and on the rents, profits or produce thereof.
(2) The rent 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.
(1) All the holders and co-sharers of an estate are jointly and severally responsible to the State Government for the rent for the time being payable therefor.
(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 therefor.
(3) All persons coming into possession of an estate or a holding, shall be responsible for the arrears of revenue or rent due at the time of their coming into possession.
(4) The expression "holder" in this Chapter means a person in possession for his own benefit and includes a mortgagee and a lessee of the holder's rights.
The revenue or rent shall be paid in such instalments, to such persons and 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 its become defaulters:
1[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.]
__________________________
1. ins.vide sec. 32(b) of Rajasthan Act No. 11 of 1964, pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 13.4.1964.
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 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 proceeding before the Collector.
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 arrears is due;
(d) By transfer of such share or patti to a solvent co-sharer;
(e) By sale of other immovable property of the defaulter:
Provided that the provisions of clause (e) shall not be applicable to Jagir land 1[or the estate of a landowner].
__________________
&nb
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.
1[(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 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 co
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 for the time being for the attachment and sale of movable property under the decree of 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 cast of attachment and sale shall be added to the arrear of revenue or rent and shall be recoverable by the same procedure.
(1) The Collector may, in addition to or instead of any of the other processes here in before 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 liquidated.
(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.
When 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 collections of the property so attached shall be applied to the payment of any instalment of revenue and 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.
When the Collector attaches any land under Section 231, he shall issue a proclamation thereof.
(2) 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.
(1) 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 joint 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.
When the Collector is of opinion that the other processes 1[hereinafter] specified are not sufficient for the recovery of an arrear, the may, in addition to or instead of all or any of such other processes 2[XXX] 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.
_____________________
1. Subs. vide Section 3 of the Raj. Act No. 16 of 1961, Pub. in Raj. Gaz. Part IV-A, Ex-ord, dt. 22-5-1961.
2. Deleted by Section 4
(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) applied to lands held under bonafide leases, temporary or perpetual, for the erection of dwelling-houses or manufacturies, or for gardens, tanks, canals, places of worship or cremation or burial grounds, such land 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.
(1) If an arrear cannot be recovered by any of the above process and the defaulter owns, or has any interest in any other estate or any share in 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 is 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 and 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.
(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 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.
(1) Every sale under this Chapter shall be made either by the Collector in person or by an Assistant Collector 1[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.
____________________
1. Ins. vide Sec. 7 of Raj. Revenue Laws (Amendment) Ordinance, 1977, Pub. in Raj. Gaz. Ex-ord. Part 4(Kh) dt. 24-1-1977, Page 52 and replaced by S. 2 of Raj. Act No. 6 of 1981, Pub. in Raj. Gaz. E.O. Part 4(Kh) dt. 22-4-1981 on Pages 1-2
No officer having any duty to perform in connection with any such sale, and no person employed by or subordinate 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 therein.
If the defaulter pays the arrear in respect of which the land or other immovable property is to be sold, 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.
The person, declared to be the purchaser, shall be required to deposit immediately twenty five percent 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.
The full amount of purchase money shall be paid by the purchaser 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 resold, 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.
If the proceeds of 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.
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.
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, loss 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 p
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 the satisfaction of the Collector that he has substantial injury by reason of such irregularity or mistake.
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 on order confirming the sale and, if such application under Section 247 is made and allowed, the Collector shall pass on order setting aside the sale.
If no application under Section 247 is made within the time allowed therefore, 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.
Whenever the sale of any land other immovable property is set aside under Section 248 the purchaser shall be entitled to receive back purchase money with interest, at such rate not exceeding six per cent per annum or without interest, as the Collector thinks fits.
(1) After a sale of land or other immovable property under this Act has been confirmed in the manner aforesaid, the Collector shall put the person declared to the purchaser into possession of such property, and 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 arrear 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 encumbrance.
When a sale of land or other immovable property under this Act has been confirmed, the proceeds 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 arrear 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.
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 the date of the confirmation of the sale.
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 pre-emption be made within seven days of sale & provided that the claimant fulfils all other conditions of the sale.
1[XXX]
____________________
1. Omitted by Section 2(i) of Rajasthan Act No. 42 of 1960, Pub. in Raj. Gaz. Ex-ord., Part IV-A, dt. 2-12-1960. This Act No. 42 of 1960 came into force with effect from 1-1-1961 vide Finance Department Notification No. F. 10(37)F(AA)54, dt. 22-12-1960, Pub. in Raj. Gaz., Ex-ord., Part IV-C, dt. 29-12-1969.
The following moneys may be recovered under this Act in the same manner as an arrear of revenue-
1[(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 as an arrear of revenue and revenue or rent, or
(ii) to be a demand or public demand or to be recoverable or realisable 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 la
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 whereunder the sum secured, is recoverable from the principal as an arrear of 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 of portion thereof where an arrear of revenue.
1[(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 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
&nbs
Section 257(a) of the Rajasthan Land Revenue Act, 1956, pertains to the procedure for recovering sums of money from sureties who have undertaken to guarantee the payment of dues under the Act. It establishes the legal framework for initiating recovery proceedings against sureties in cases where the principal debtor defaults.
Section 257(a) provides that any officer or authority to whom any sum of money referred to in Sections 256 and 257 is due and payable can apply for recovery of such amount. It authorizes the initiation of recovery proceedings against sureties who have guaranteed the payment of dues under the Act.
This section applies specifically to recovery of dues from sureties who have guaranteed payments under the Land Revenue Act. It covers cases where the principal debtor has defaulted, and recovery proceedings are initiated against the surety to recover the amount guaranteed. The scope includes the attachment and sale of property of the surety, ensuring enforcement of guarantees.
Section 257(a) itself does not prescribe any punishment. Instead, it provides a procedural mechanism for recovery. Penalties or punishments for default or breach of guarantee are governed by other provisions of the Act or applicable laws, such as penalties for false surety or fraudulent guarantees.
Note: The primary source ("Gulab VS State Of Rajasthan") provides detailed judicial pronouncements emphasizing the importance of proper procedure, notice, and limits on recovery proceedings under Section 257(a). Other references reinforce the procedural safeguards and legal principles applicable to recovery of dues from sureties under the Rajasthan Land Revenue Act, 1956.
(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 protest 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 provision 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 part of the sum so paid unde
For the purposes of Sections 257-A and 257-B, the expression "person 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 personnally or as a legal representative of any other person whom the sum was so due and shall include a person-
(i) Who is liable under Sec. 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.
The provisions of this Chapter with regard to the recover of revenue or rent shall apply to all arrears of revenue or rent as well as sums of money recoverable under Sees. 256 and 257 as arrears of revenue due at the commencement of this Act.]
All rates, costs, charges, fees, fines, penalties and other moneys payable to Government under this Act shall be recoverable as arrears of revenue.
No suit or other proceedings shall, unless otherwise excepted by any express provision made in this Act or 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 holders a question of title is involved, a civil suit may be brought for the adjudication of such question.
1[(1) 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 or2[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 or any officer or authority appointed or constituted under this Act or the rules made thereunder 2[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 specified in the notification, whether such other officer or authorit
(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),
1(d) for the guidance of Collectors and Settlement Officers in assessing and fixing rents under this Act,
(e) prescribing the manner of the giving of a public notice under Section 125(2),
(f) prescribing the manner in
Every Patwari, Girdawar, Qanungo or Land Records Inspector 1[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 S. 21 of the Indian Penal Code (Central Act XLV of 1960) 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.
___________________
1. Subs, for "Sadar Qanungo and village watchman" by Rajasthan Act No. 34 of 1992, Pub. in Raj. Gaz., E.0.4(ka), dt. 3-12-1992, Page 195.
(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 law amending the enactments or laws referred to in clauses (a) & (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
THE FIRST SCHEDULE
(See Section 23)
List of Judicial Matters
1. Claims under sub-section (2) of Section [88].
2. Disputes with respect of the right of grazing cattle on pasturage land.
3. Disputes as to the right of user over forest growth and exclusion from forest tend.
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.
&nb
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 Mannual
8. The Bikaner Land Revenue Act, 1945
The Rajasthan Revenue Laws (Extension) Act, 1957 was enacted to extend the Revenue Laws in the newly added areas of Abu, Ajmer and Sunel areas vide State Reorganisation Act, 1956. The provisions made and amendments passed by this Act have been incorporated in the text of the Principal Act. This Act is reproduced here for the reference.
The Rajasthan Land Revenue (Amendment &-Validation) Act, 1966 was enacted with the purpose to remove the difficulty created due to a court decision which declared the composition of the Board of Revenue & appointment of the Members invalid. This Act was enacted to overcome this situation and validates the actions taken prior to these amendments.
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