rajasthan zamindari and biswedari abolition act, 1959

S.1 Short title, extent and commencement

(1) This Act may be called the Rajasthan Zamindari and Biswedari Abolition Act, 1959. (2) It extends to the whole of the State of Rajasthan. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

S.4 Abolition of Zamindari & Biswedari estates and their vesting in the State

(1) As soon as may be after the commencement of this Act, the State Government may, by notification in the Official Gazette, appoint a date for the abolition and acquisition of Zamindari and Biswedari estates, or any class of such estates, in the State, or in any area thereof specified in the notification, and for their vesting in the State Government. (2) Different dates may be fixed for such abolition and vesting of different classes of Zamindari and Biswedari estates in the State. (3) The classification referred to in sub-Sections (1) & (2) may be made according to the size or income of such estates or according to the land revenue payable in respect thereof or according to the different areas of the State in which they are situated or according as they are settled or unsettled or according to the tenures thereof or the names by which the holders thereof are known or designated or otherwise. (4) The State Government may, be notification in the Official Gazette, vary any date appo

S.5 Consequences of abolition

(1) After the issue of a notification under sub-Section (1) of Section 3, no right shall be acquired in or over any land in an estate affected thereby except by succession or under a grant or contract in writing made or entered into by or on behalf of the State Government and no fresh clearings for cultivation of for any other purpose shall be made in such land by or on behalf of the holder of such estate otherwise than in accordance with rules made by the State Government in this behalf. (2) As from the date of vesting of any Zamindari or Biswedari estate in the State Government, notwithstanding anything contained in any contract, grant or other document or in any law for the time being in force but save as otherwise provided in this Act- (a) such estate shall stand transferred to, and vest in, the State Government free from all encumbrances; (b) the right, title and interest of the Zamindar or Biswedar and of every person claiming through him, in such estate, including land (culti

S.6 Private properties of a Zamindar or Biswedar

(1) Notwithstanding anything contained in Section 5:- (a) all house-sites purchased by the Zamindar or Biswedar or by his predecessor-in-interest or by any other person for valuable consideration, (b) all places of worships or wells situated in such house-sites as are mentioned in clause (a) and in Khudkasht land belonging to and held by the Zamindar or Biswedar or any other person at the date of vesting, (c) all private houses and all nohras or enclosures attached thereto, provided that such nohras or enclosures are in continuous possession of the Zamindar or Biswedar since, the first day of January, 1953, (d) all land covered by such places of worship, wells, houses and nohras or enclosures, and (e) all trees belonging to the Zamindar or Biswedar or any other person and standing on house sites mentioned in clause (a) and on Khudkasht land, shall continue to belong to and be held by such Zamindar or Biswedar or other person: Provided that nothing contained in this sub-section sha

S.7 Provisions as to certain transfers and agreements

(1) Notwithstanding anything contained in any law, no transfer of an estate or part thereof made by the Zamindar or Biswedar on or after the first day of January, 1953, by way of sale or gift or by making a grant or by way of lease for a non- agricultural purpose shall be recognized for any purpose of this Act and the estate or part so transferred shall be deemed to continue to vest in the transferor, if such transfer is established to have been made not in good faith and in the normal course of management but in anticipation of the abolition and acquisition of Zamindari and Biswedari estates: Provided that nothing in this sub-section shall apply to any sale made under order of a court in execution of a decree or order for payment of money. (2) Any agreement or contract made by a Zamindar or Biswedar with any person on or after the first day of January, 1953- (a) relating to or granting a lease of any forest in his estate for a period exceeding three years, or (b) relieving, whether

S.8 Taking over of estate

On the date of vesting, any officer appointed in this behalf by the Collector shall, subject to the provisions contained in sub-Section (4) of Section 5 and Sections 6 & 7, take charge in the prescribed manner of the estate and of all interest therein vesting in the State Government under sub-Section (2) of Section 5.

S.9 Determination of disputes

(1) If any dispute or question arises with respect to any matter specified in Section 5 or Section 6 Section 7, such dispute or question shall be referred to the Collector of the district in which the estate vesting in the State Government by virtue of a notification under Section 4 is situate. (2) The Collector shall, after holding, in the prescribed manner, such inquiry as he considers necessary, make such order in the matter as he deems fit.

S.10 Application for allotment of Khudkhasht

(1) Notwithstanding anything contained in the foregoing provisions of this Chapter, a Zamindar or Biswedar who, on the date of vesting of his estate in the State Government, does not hold any Khudkasht or who, on such date, holds Khudkasht less in area then the area specified in Section 12, may, within six months of the date of such vesting, apply to the Collector for allotment of Khudkasht. (2) Every such application shall be in the prescribed form and shall be signed and verified in the manner specified in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) for the signing and verification of plaints.

S.12 Maximum area of Khudkasht

(1) Subject, to the provisions of sub-Section (2) the maximum area of land allotted as Khudkasht to a Zamindar or Biswedar under Section 11, together with any land held by him or by any member of his family as Khudkasht since before the date of vesting shall not exacted the prescribed limit. (2) Notwithstanding anything contained in sub-Section (1), where a Zamindar or Biswedar holds Khudkasht at the date of vesting of his estate in excess of the area specified in sub-Section (1), he shall continue to hold such land as Khudkasht subject to the provisions of Section 29.

S.13 Categories of land that may be allotted as Khudkasht

(1) The following categories of land may, in the order hereinafter mentioned, be allotted to a Zamindar or Biswedar, in preference to other applicants for the same, as Khudkasht under Section 11, namely:- (i) land surrender by tenants; (ii) land abandoned by tenants; (iii) culturable unoccupied land within the estate; (iv) land of the nature specified in clauses (i), (ii) and (iii) in the vicinity of the village or villages in which the estate of the Zamindar or Biswedar is situated; and (v) lands commanded by the Chambal and Rajasthan canal projects on such terms and conditions as may be prescribed. (2) Where no land of any categories specified in sub-Section (1) is available the application for allotment of Khudkasht shall be rejected. C

S.14 Liability to pay compensation.

(1) Subject to the other provisions of this Act, the State Government shall pay to every Zamindar or Biswedar who is divested of his estate under this Act, out of the Consolidated Fund of the State, compensation which shall be determined in accordance with the principles laid down in the Schedule annexed hereto. (2) Such compensation shall be payable as from the date of vesting and shall carry simple interest at the rate of two and a half per cent per annum from that date till the date of payment, but no interest shall be payable on such amount of compensation as may remain unpaid for any default of the Zamindar or Biswedar or his agent or representative in interest.

S.15 Form of compensation

The compensation payable under this Act shall be given in cash or in bonds or partly in cash and partly in bonds, as may be prescribed.

S.16 Interim compensation

(1) Where, within a period of one year from the date of vesting of an estate, the compensation payable to the Zamindar or Biswedar is not determined, the State Government shall subject to such conditions and restrictions as to security, indemnity, repayment or otherwise as may be prescribed, direct the payment to such Zamindar or Biswedar of interim compensation which shall be equal to one-tenth of the estimated amount of compensation: Provided that, if such compensation is not determined within two years from the date of vesting, the State Government may likewise direct the periodical payment to the Zamindar or Biswedar of such fraction of the estimated amount of compensation as the State Government may in each case specify. (2) The interim compensation paid under sub-section (1) shall be deemed to be a part of and shall be adjusted against the total amount of compensation determined and payable under this Act.

S.17 Submission of statement of a claim for compensation

S.18 Determination of compensation

(1) On receipt of the statement of claim under Section 17 or, if no such statement is received within the prescribed period, on the expiry of such period, the Collector shall, after making such in inquiry as he thinks fit and giving an opportunity to the claimant to be heard, decide the amount of compensation due to the claimant and record in a statement in the prescribed form the details of the land in the estate which has vested in the State Government and such other details as may be prescribed. (2) The Collector shall- (i) assess the amount of compensation payable for the whole state; and (ii) after deducting therefrom the amounts, if any, referred to in sub-Section (3) of Section 5, determine, subject to the provisions of sub-Sections (3) & (4), the net amount of compensation payable for the estate which has vested in the State Government by virtue of a notification under Section 4. (3) Where there are co-sharers, such amount shall be distributed among them in proportion to th

S.19A Payment of annuity in perpetuity in certain cases

Notwithstanding anything in this Act, where any part of the estate in respect of which a notification under Section 4 has been issued, is held as a grant made before the first day of January, 1958 by the Biswedar or the Zamindar as the case may be, for the maintenance of an institution for education or charitable purpose, or of any place of religious worship, or for the performance of any religious service, such part of the estate shall be excluded in assessing the amount of compensation payable for the whole of such estate, to the Biswedar or the Zamindar as the case may be, and the State Government shall, in respect of such part, pay, by way of compensation, an annuity in perpetuity, equal in amount to the net income from such estate in or for the basic year; determined in accordance with the principles governing determination of compensation as contained in the Schedule, to the person who is, or may hereafter be, recognised, in accordance with the duty of maintenance of such institu

S.19 Payment of compensation

S.20 Payment of compensation on death

If any person to whom any amount is payable under this Act by way of compensation dies before the full payment thereof, the balance remaining unpaid shall be payable to the person or persons found upon inquiry in the prescribed manner to be the heir or heirs of the deceased person according to the personal law by which the latter was governed: Provided that, in cases in which the question of such heirship is in dispute, all claimants, thereto shall be directed to have their respective title adjudicated upon by a competent civil court and the payment of such unpaid balance shall be in accordance with such adjudication.

S.21 Compensation money to be placed at the disposal of the Court

If the Collector, receives any order from any court requiring him to place at its disposal the whole or part of the amount of compensation then payable but remaining unpaid to any person under this Act, the Collector shall comply with the order of the court.

S.22 Questions of the title

If, during the course of an inquiry under this Act by the Collector, any question relating to right, title or interest in any estate tested in the State Government by virtue of a notification under Section 4 arises and such question has not been already determined by a competent authority, the Collector shall, subject to the other provisions of this Act proceed as inquire into the merits of such question and pass such orders as he thinks fit.

S.23 Collector to make inquiries and passed orders under Sections 19(4) & 20

The inquiries referred to in sub-Section (4) of Section 19 and in Section 20 shall be made by the Collector within the local limits of whose jurisdiction the minor or the person suffering from legal disability resides for the time being or the deceased person resided immediately before his demise.

S.24 Appeals

S.25 Second Appeals

(1) An appeal shall lie to the Board of Revenue from an order of the Revenue Appellate Authority passed under Section 24 on appeal. (2) An appeal under sub-Section (1) may be brought within sixty days of the date of the order appealed from on any of the grounds mentioned in sub-Section (2) of Section 224 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955).

S.26 Review

The Board, the Revenue Appellate Authority, the Collector or any other officer exercising the powers of the Collector may, either on its or his own motion or on application made by any interested party within such time as may be prescribed, review an order passed by itself or himself and pass such order in relation thereto as it or he thinks fit: Provided that- (a) no order shall be varied or reversed unless notice has been given to the parties interested to appear and be heard in support of such order, and (b) no order from which an appeal has been made shall, so long as such appeal is pending, be reviewed.

S.27 Injunction by a Civil Court barred

Except an authority before whom an appeal under this Chapter is pending, no court or authority shall notwithstanding anything contained in any law for the time being in force issue any injunction against any person in respect of any proceedings pending before any officer under this Act, which shall have the effect of staying the proceedings

S.28 Correction of errors

Clerical or arithmetical mistakes in any order passed by any officer or authority, under this Act or error arising therein from any accidental slip or omission may at any time be correct by such officer or authority, either of his its own motion or on any application received in this behalf from any interested party: Provided that no order prejudicial to any person shall be made under this section unless such person has been given a reasonable opportunity of being heard.

S.29 Khatedari rights in khudkasht land

(1) As from the date of vesting of an estate, the Zamindar or Biswedar thereof shall be a Malik of any khudkasht land in his occupation on such date and shall, as such Malik, be entitled to all the rights conferred and be subject to all the liabilities imposed on a khatedar tenant by or under the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) and (2) If there are more persons than one having interested in land held as Khudkasht immediately before the date of vesting, all such persons shall be deemed to be co-Maliks thereof.

S.30 Rights of tenants in estate

(1) Subject to the provisions of Sections 15, 15-A, 15-B and 16 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) every tenant in an estate, other than a tenant of Khudkasht or a sub-tenant, shall, as from the date of vesting, be the khatedar tenant of the land comprised in his holding, unless he has acquired Khatedari rights therein before such date, and shall, as from the date of vesting pay to the State Government, until rents are settled in accordance with the provisions of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act No. 15 of 1956), by way of rent therefor the same amount as he had been paying to the Zamindar or Biswedar immediately before such date but not exceeding twice the land revenue payable in respect thereof. (2) Upon a Zamindar or Biswedar becoming a Malik or his Khudkasht land under Section 29, every tenant of such Khudkasht shall be the sub-tenant of the land in his occupation holding under and from such Malik.

S.31 State Government to be a party to proceeding under Act

The State Government shall be and be deemed to be a party in every proceeding under this Act before any officer or authority, and every notice to be served or intended to be served on the State Government may be served on the Collector.

S.32 Powers and procedure of officers

(1) Any officer or authority holding an inquiry or hearing an appeal or application for review under this Act shall have the powers of a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) relating to- (a) proof of facts by affidavits. (b) enforcing attendance of any person and his examination on oath, (c) production of documents, and (d) issuing of commissions, and every such officer or authority shall be deemed to be a civil court within the meaning of Sections 480 & 482 of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898). (2) Save as otherwise provided in this Act or the rules made thereunder every officer or authority acting under this Act shall have and exercise the same powers and shall follow the same procedure as are had and exercisable by, and is laid down for, a revenue court under the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) while trying a suit under that Act.

S.33 False statements

(1) If in any proceeding under this Act any person makes a statement which is false or which he knows to be false or has reason to believe to be false or does not believe to be true, he shall be punishable with imprisonment which may extend to three years or with fine or with both. (2) If any person Is convicted of an offence punishable under subSection (1) then, without prejudice to such conviction and to any punishment imposed on that account, such person shall be further liable to refund or restore any benefit which he may have obtained under any provision of this Act in consequence of the statement in respect of which he is convicted and such refund or restoration may be enforced by the Collector upon the order of conviction becoming final.

S.34 Protection of action taken under this Act

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. (2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provision contained in this Act or any rules made thereunder or by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

S.35 Delegation of powers

(1) The State Government may, by notification in the Official Gazette, delegate to any officer or authority sub-ordinate to it all or any of the powers conferred on it by this Act other than those conferred by Sections 4 & 36. (2) Subject to any general or special orders of the State Government, the Collector may, with the approval of the State Government, delegate all or any of the powers conferred on him by this Act to any Sub-Divisional Officer or Assistant Collectors subordinate to him, and all things done, action taken and orders passed by such Sub-Divisional Officer or Assistant Collector in exercise of the authority so delegated to him, shall, for all the purposes of this Act, be deemed to have been done, taken or passed, as the case may be, by the Collector who made such delegation.

S.36 Power to make rules

(1) The State Government may make rules to carry out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the State Government shall have power to make rules- (a) specifying the circumstances and the manner in which clearings for cultivation or for any other purpose shall be made under Section 5, (b) laying down the conditions and terms for payment of interim compensation, (c) prescribing the form of application under Section 10 and the form of statement of claim to be submitted under Section 18 and the further particulars to be given therein, (d) prescribing the form of, and the details to be incorporated in, the statement showing the amount of compensation due to the claimant under Section 19, (e) providing the manner for holding inquiries under this Act and for the service of orders and notices made and issued thereunder, (f) prescribing court fees to be charged on applications and appeals under this Act, and

S.2 Definitions

In this Act, unless the subject or context otherwise requires,- (1) "Biswedar" has the meaning assigned to it by clause (5) of Section 5 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955). (2) "estate" means land, or right, title or interest in land, held by a Biswedar or a Zamindar; (3) "land" means every class or category of land forming part of an estate and includes,- (a) benefits to arise out of such land, (b) things attached to the earth or permanently fastened to anything attached to the earth, (c) sites of villages or towns, (d) beds of tanks, ponds, embankments, rivers and water channels, and (e) surface of hills; (4) "settled" has the meaning assigned to it by clause (n) of Section 2 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Rajasthan Act 6 of 1952); (5) "Zamindar" has the meaning assigned to it by clause (46) of Section 5 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) and includes a malik (landowner) in the Gang Canal

S.3 Act to override other laws

Save as otherwise expressly provided in this Act, the provisions of this Act, and of the rules and order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law and rules for the time being in force or any instrument having effect by virtue of any law or usage, agreement, settlement, grant, sanad or any decree or order of any court or other authority

S.11 Allotment of Khudkasht

Legal Commentary on: The Rajasthan Zamindari and Biswedari Abolition Act, 1959 — Section 11

Introduction

Section 11 of the Rajasthan Zamindari and Biswedari Abolition Act, 1959, is a pivotal provision that governs the allotment of Khudkasht (ceased or surplus) land to Zamindars and Biswedars (intermediaries) following the abolition of the Zamindari and Biswedari systems. The Act is a landmark agrarian reform legislation aimed at redistributing land and eliminating intermediaries between the cultivator and the state. [Source ]

What Section 11 Says

Section 11 deals with the allotment of Khudkasht land. Upon receipt of an application under Section 10, the Collector may, after holding an inquiry in the prescribed manner, allot Khudkasht land to the Zamindar or Biswedar. The section provides a procedural framework for the distribution of surplus or ceased land to intermediaries who previously held estates under the abolished Zamindari/Biswedari system. [Source ]

The maximum area of land to be allotted as Khudkasht to an intermediary under Section 11, together with any land already held by him or any member of his family, is subject to specified limits. [Source ]

Essential Ingredients

Receipt of Application: The process begins upon receipt of an application under Section 10 by the Collector. [Source ]
Holding Inquiry: The Collector is required to hold an inquiry in the prescribed manner before making an allotment. [Source ]
Allotment of Khudkasht Land: After the inquiry, the Collector may allot the surplus/ceased land (Khudkasht) to the Zamindar or Biswedar. [Source ]
Maximum Area Limitation: The allotment is subject to a maximum area of land, which includes land already held by the intermediary or family members. [Source ]
Procedural Compliance: The Collector must follow the prescribed procedural safeguards before rejecting or approving the application. [Source ]

Scope of Section 11

Section 11 applies to the entire State of Rajasthan and is part of a comprehensive agrarian reform measure. It affects Zamindars and Biswedars who were previously intermediaries in the land revenue system. The section determines the quantum of land that can be retained by such intermediaries post-abolition and establishes the procedure for allotment of the remaining surplus land. [Source ]

The scope of Section 11 is limited to the procedural and quantitative aspects of land allotment; it does not deal with the broader questions of compensation, tenancy rights of cultivators, or the vesting of title in the state, which are governed by other sections of the Act. [Source ]

Punishment for Section 11

The Act provides for punishment for violations of its provisions. Section 11 itself, in certain sub-sections (as per the Act's structure), makes any contravention punishable with imprisonment which may extend to three years, or with fine, or with both. [Source ]

Legal Comments

"Allotment of Khudkasht" - Section 11 provides the procedural mechanism for the Collector to allot surplus land to Zamindars/Biswedars after an inquiry, ensuring a structured redistribution process. - [Source ]
"Maximum area of land" - The Act caps the land that can be retained by intermediaries under Section 11, combining land allotted under the section with land already held, thereby preventing excessive retention. - [Source ]
"Collector's inquiry" - The requirement of a prescribed inquiry before allotment ensures that the process is fair and that the rights of interested parties are considered. - [Source ]
"Punishment for contravention" - Violations of Section 11 attract imprisonment up to three years, fine, or both, reflecting the seriousness with which the Act treats breaches of its land allotment provisions. - [Source ]
"Application under Section 10" - The process under Section 11 is triggered by an application under Section 10, indicating a sequential procedural design in the Act's land redistribution framework. - [Source ]
"Rajasthan Zamindari and Biswedari Abolition Act" - The Act is a special legislation aimed at abolishing the Zamindari and Biswedari systems, and Section 11 is central to implementing its agrarian reform objectives. - [Source ]
"Khudkasht land" - Khudkasht refers to ceased or surplus land, and Section 11 governs its allotment, making it a key mechanism for post-abolition land management. - [Source ]
"Zamindar/Biswedar retention rights" - Section 11 balances the interests of intermediaries by allowing them to retain a certain quantum of land, while the surplus is redistributed. - [Source ]
"State Government's role" - The State Government, through the Collector, exercises the power of allotment under Section 11, emphasizing the governmental oversight in land redistribution. - [Source ]
"Procedure and safeguards" - The Act mandates prescribed procedures for inquiry and allotment, ensuring due process and minimizing arbitrary decisions by revenue authorities. - [Source ]
"Scope limited to intermediaries" - Section 11 primarily benefits Zamindars and Biswedars and does not extend to general cultivators, whose rights are governed by other provisions and the Rajasthan Tenancy Act, 1955. - [Source ]
"Interaction with Section 13" - Section 13 of the Act lists categories of land that may be treated as surplus (including land surrendered by tenants, abandoned land, and culturable unoccupied land), which may ultimately feed into the allotment process under Section 11. - [Source ]
"Judicial review" - Decisions of the Collector under Section 11 are subject to judicial review, as the Act confers civil court jurisdiction for disputes arising under its provisions. - [Source ]
"Public purpose" - The Act is a public purpose measure, and Section 11 serves the broader objective of eliminating intermediary exploitation and redistributing land to actual cultivators. - [Source ]
"Khatedari rights" - Post-abolition, Zamindars/Biswedars who retain land under Section 11 may acquire Khatedari (tenant-cultivator) rights over such land, subject to the Act's provisions. - [Source ]
"Repeal of prior rights" - Section 11 operates in the context of the abolition of the Zamindari and Biswedari systems, effectively extinguishing the prior intermediary rights and creating new tenurial relationships. - [Source ]
"Compensation framework" - While Section 11 deals with land allotment, the Act's compensation provisions (e.g., Section 14) run parallel, ensuring that Zamindars/Biswedars receive compensation for the land taken from them. - [Source ]
"Special legislation" - The Rajasthan Zamindari and Biswedari Abolition Act, 1959, is a special Act and is not subject to the general applicability of other land laws, underscoring the need for specific legal commentary on Section 11. - [Source ]

Note: This commentary is based on the provided sources and the text of the Rajasthan Zamindari and Biswedari Abolition Act, 1959. Specific judicial interpretations of Section 11 are limited in the provided sources; therefore, commentary is primarily based on the Act's text and structure.