Rajasthan · 1956 · Act 15

THE RAJASTHAN LAND REVENUE ACT, 1956

In force294 sections

1.Short title, extent and commencement

(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 be notification in the official Gazette1 appoint.

2.Enactments not affected by Act

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)2or the Rajasthan Land Summary Settlement Act, 1953 (Rajasthan Act XIX of 1953) of 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Act 3 of 1955) or the Rajasthan Panchayat Act, 1953 Rajasthan Act XXI of 1953) or and other law or enactment not repealed by Section 263.

Footnotes (1)

3.Interpretation

In this Act, unless the subject or context otherwise requires - (i) “Land Records Officer” shall mean the collector and shall include Additional or Assistant Land Records Officer; 3(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) “Prescribed” shall mean prescribed by this Act or by rules made under this Act; (iii)“Recognised Agent” of a party shall, subject to rules made under this Act, mean a person authorised in writing by such party to make appearances and applications and to do other acts on his behalf; 4(iiia) “Revenue Appellate Authority” shall mean the officer appointed as such authority under Section 20-A; (iv) “Settlement Officer” shall include an Assistant Settlement Officer; 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. 2Ins. By Part-B of the First Schedule of Rajasthan Act No. 2 of 1958, pub. in Raj. Gaz., Part IV-A, Extraordinary, dt.13-1-1968. 3 Inserted by Section 2 of Rajasthan Act No. 33 of 1959, Pub. in Raj. Gaz. Part IV-A, Extraordinary, dt. 30-6-1959. 4Ins. vide item 16 of the Schedule of the Rajasthan Act No. 8 of 1962, pub. in Raj. Gaz. Part IV-A, Extraordinary, dt. 23-4-1962. (v) “Village” shall mean the tract of land which ha sbeen recognised and recorded, or may here after be recognised & recorded to be a village; (vi) “Reference” to an officer appointed under this Act shall be construed to include references to an additional officer of the same grade likewise apointed; (vii) “Words and expressions” defined in the Rajasthan Tenanacy Act, 1955 (Rajasthan Act 3 of 1955) shall, wherever used herein, be construed to have the meaning assigned to them by the said Act; and (viii) “Words & expressions used to denote” the possessor of any right, title and interest shall be deemed to include the predecessors and successors in right, title or interest of such person.

Footnotes (1)

4.Establishment and Composition of Board

(1) There shall be established for the State of Rajasthan, a Board of Revenue here in after referred as the Board. 5(2) The Board shall consist of a Chairman, and not less than three and not more than 6fifteen other members. (3) All appointments made under sub-section (2) shall be notified in the 7Official Gazette. 8 (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 as prescribed by sub- section (4), as it stood immediately before the commencement of the Rajasthan Land Revenue (Amendment) Ordinance,1969. 9(5) The Constitution of the Board shall not be deemed to be invalid if any vacancy occurs on account of the death, resignation, expiry or termination of the appointment or temporary absence of the Chairman or any member.

Footnotes (1)

5.Tenure of Members

All members of the Board shall hold office during the pleasure of the 10Governor.

Footnotes (1)

6.Place of Sitting

The headquarters of the Board of Revenue shall be at 11Ajmer 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. 5 Subs. And shall be deemed always to have been subs. Vide Sec. 2(ii) of Raj. Act No. 21 of 1966, pub. in Raj. Rajpatra, Part IV-A, Extraordinary dt. 13-10-1966. 6 Subs. For ten vide Sec. 2 of the Raj. Revenue (Admt.) Act 1986, pub. in Raj. Rajpatra, Part IV-(ka), Extraordinary dt. 15-9- 1986, Page 1, w.e.f. 23-7-1986. 7 Subs. By Sec. 4 of Raj. Act No. 2 of 1958, pub. in Raj. Rajpatra, dt. 13-1-1958. 8 Subs. Vide Raj. Act No. 6 of 1970, pub. in Raj. Rajpatra, dt. 24-4-1970. 9 Ins. vide Raj. Act No. 6 of 1970, pub. in Raj. Rajpatra, dt. 24-4-1970. 10 Subs. Vide Part 1 of the Fourth Schedule to the Rajasthan Adaptation of Laws Order, 1955, pub. in Raj. Rajpatra, dt. 1- 11-1956. 11 Union of India v. Col. J.N. Sinha, AIR 1951 SC 40 : 1970 (2) SCC 458.

Footnotes (1)

7.Ministerial Officers

(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.

Footnotes (1)

8.Powers of the Board

9.General Superintendence of Subordinate Revenue Courts

10.Jurisdiction of Board how exercised

11.Power to refer to a Bench

12.Power to refer question to High Court

13.Decision in case of difference of opinion

14.Registers etc. to be kept

15.Territorial Divisions

16.Power to create, abolish or alter divisions etc

17.Commissioners and Additional Commissioners

18.Settlement Commissioner and Additional Settlement Commissioner

19.Director and Additional Directors of Land Records

20.Appoint of other Officers

20A.Revenue Appellate Authority

21.Appointment ex-officio

22.Notification of appointment

23.Controlling Power

24.Subordination of Revenue Courts and Officers

25.Powers and duties of Courts and Officers

26.Additional powers of Courts and Officers

27.Inherent powers of Courts and officers

28.Officers temporarily succeeding to a permanent vacancies

29.Temporary-absence of officers

30.Formation and alteration of Patwaris Circles

31.Appointment of Patwaris

32.Formation and alteration of Land Records Inspection circles

33.Appointment of Girdawar Qanungos or Land Records Inspectors

34.Sadar Qanungos

35.Qualifications etc. of Patwaris and Qanungos

36.Obligation to furnish information necessary for the preparation of records

40A.Termination of the services of Lambardars

41.Village Servants

42.Vacancies

43.Register of village servants

44.Remuneration of village servants

45.Non-liability of remuneration attachment

46.Duties of village servants

47.Appointment how to be made

48.Disqualifications for appointment

49.Punishment, suspension and removal of village servant and Lambardars

50.Power to place village watchman under police authorities

51.Place for holding court or making inquiries

52.Power to enter upon and survey land

53.Power of Government, Board etc. to transfer cases

54.Power of transfer cases to and from subordinates

55.Consolidation of cases

56.Appearances, applications etc. by whom made

56A.Presentation of applications, appeals, etc

57.Power of Revenue Courts on officers to require attendance of persons and production of document and to receive evidence

58.Summons to be in writing signed and sealed

59.Serving of summons

60.Mode of Serving Notice

61.Mode of issuing proclamations

62.Notice or proclamation not void for error

63.Hearing in absence of party

64.Adjournment of hearing

65.No appeal form order passed under Section 63

66.Power to give and apportion costs

67.Correction or error or omission

68.Power to refer disputes to arbitration

69.Procedure in cases referred to arbitration

70.Application to set aside award

71.Decision according to award

72.Bar to appeal & suit in Civil Court

73.Delivery of possession of immovable property

74.Appeal to be as followed by this Act

75.First Appeals

76.Second Appeals

77.No appeal in certain cases

78.Limitation for appeals

79.Copy of 58xxx order objected to, to accompany petition

80.Power of Appellate Authority

81.Power to stay execution of 59xxx orders of lower court

82.Power 60xxx to call for records and proceedings and reference to State Government of Board

83.Power of Government to call for records and revise orders

84.Power of Board to call for records and revise orders

85.Hearing

85A.Review by the State Government

86.Review by the Board and other Courts

87.Application of Act IX of 1908

88.All roads etc. and all land which are not the property of others belong to the State

89.Right of minerals, mines, quarries and fisheries

90A.Use of agricultural land for non-agricultural purpose

90.Liability of all land to payment of revenue or rent

91.Unauthorlsed occupation of Land

92.Land may be set apart for special purposes

93.Regulation of use of Pasturage

94.Powers to regulate control and management of forest growth

94B.Roadside trees

94A.Roadside trees

95.Development of abadi

96.Collector to fix rates of premium

97.Auction of abadi land

98.Land granted for receptacles of household refuse, etc. and for storing fodder

99.Right to regulate the construction of a building in a village

100.Sale of land in Industrial and Commercial Areas

101.Allotment of land for agricultural purposes

102.Power of Government to allot land for purposes other than agricultural as well as on special terms

102A.Land which may be entrusted with Local Authorities

103.Land and Abadi defined for the purposes of Chapter VI

104.Cases in which power of Revenue Officers may beexercised by local Authorities

105.Rights of tenants under Section 31, Rajasthan Act 3 of 1955, not affcted

106.Survey or re-survey

107.Record Operations

108.Record Officers

109.Mode of conducting operations

110.Assistance in survey of boundaries

111.Assistance in survey of boundaries

112.Assistance in survey of boundaries

113.Preparation of record of rights

114.Contents of record of rights

115.Inviting claims to lands appearing to have no owner

116.Procedure when unclaimed land is used for common purposes

117.Procedure when limited right over such land is established

118.Determination and record of khudkasht land

119.Determinatio of the abadi of a village

120.Register of villages

121.Particulars to be stated in khatauni

122.Attestation of entries

123.xxx

124.Procedure when rent or revenue payable is disputed

125.xxx

126.Existing records to be acted upon

127.Proceedings pending upon close of survey & record operations

128.Boundary disputes

129.Obligation of holders as to boundary marks

130.Penalty for injury to, or removal of marks

131.Maintenance of Map and Field Book

132.Annual Registers

133.Report of succession and transfer of possession

134.Fine for neglect to report

135.Procedure on report

136.Correction of errors

137.Succession to estates

138.Inspection of records

139.Copies of entries

140A.Procedure in disputes relating to khudkasht entries

140.Presumption as to entires

141G.Erection of boundary marks

141H.Maintenance of temporary boundary marks

141C.Entry upon land

141D.Notice of survey may be given before hand

141A.Definitions

141I.Disputes as to boundaries

141B.Power to order survey

141E.Survey may be proceeded with suer service of notice under Section 141-D

141F.Suney map and register

141.Decisions to be binding on revenue courts

141M.Maintenance of maps registers

141N.Survey fees

141R.Rules

141l.Documents connected with survey to be sent to officer or authority in charge of sunny

141S.Proceedings not to be affected by informality

141Q._________

141T.Proceedings not to be affected by informality

141K.Power to refer to arbitration

141O.Cost of Survey

141P.Penalty for failure to comply with requisition in notice

141J.Appeal to the Collector

142.Settlement or re-settlement

143.Probable results of resettlement

144.Consideration which shall determine whether re settlement shall be made

145.Settlement Officers

146.Transfer of duties of Land Records OHicer to settlement Officer

147.Rules

148.Economic Survey

149.Formation of assessment circles or groups

150.Soil Classification

151.Evolution of rent-rates

152.Basic of rent-rates

153.Modifications of rates

154.Matters to be determined and recorded

155.Publication and submission of proposals

156.Sanction of proposals

157.Assessment of rents

158.Land to be excluded from assessment

159.Allowance for improvements

160.Existing rent to be taken Into consldemrlon while assessing rents

161.Limits of enhancement

162.Progressive enhancement

163.Additional provision for assessment of Chahi holdings

164.Preparation and distribution of parchas

165.Interim stoppage of recovery of kind rents

166.Hearing of objections and determination of rent

167.Rent from what date payable

168.Option to tenant to refuse rent determined

169.Effect o refusal

170.Offer of holding to other persons

171.Procedure upon non-refusal

172.Rent not liable to variation during currency of settlement –

173.Preparation of Dastoor Ganwai

174.Presumption of settlement entries

175A.commencement of term of sottlement

175.Term of Setlement

176.Senior terminology of settlement

176A.Interim relief during settlement opemtlons

177A.Increase in assessment of irrigated land assessed at un-ir-rigated rates

177.Tenure of lend under expired settlement until resettlement

178.Short term settlement

179.Settlement of land added by alluvian and revision of assessment when culturable area reduced by fluvial action

180.Power of Government to levy additional urban rates

181.Applications and proceedings pending before Settlement Officer when operations are closed

182.Corrections of errors and ommissions

183.Review of sanctioned rent-rates

184.Partition

185.Partible estates

186.Persons entitled to swim partition

187.Application for partition

188.To whom application lies

189.Partition of an estate falling under several districts

190.Consolidation of claims

191.Power to stay partition of an estate

192.Proclamation of application for partition

193.Objection raising question of title

194.Stay of partition pending decision of appeal

195.Attachment of estate pending completion of partition

196.Method of trial

197.Oetermlnation of principiesand conditions of valuations

198.Preliminary darn for pa`nition

199.Penman by whom to be made

200.Partition by agreement

201.Partition by arbitration

202.Court when to make partition itself

203.Estimate and levy of partition costs

204.Appointment of amins etc., and issue of warrant

205.Appointment of amins etc., and issue of warrant

206.Issue of proclamation -

207.Consideration of proposals and determination of claims and objections -

208.Division of tenants's holding

209.Division of khudkasht

210.Allotment of lands held in common

211.Buildings, gardens etc. of one co sharer on land allotted to another

212.Tanks, wells, water courses and embankments

213.Places of worship and cremation or burial grounds

214.Incompactness a reason for disallowing partition

215.Distribution of revenue on partition

216.Final order for partition

217.Instrument of partition

218.Delivery of possession of property allotted on partition

219.Division of complex estates

220.Fraudulent or erroneous distribution of revenue

221.Under-assessed estates to refund to over-assessed estates

222.Consolidation of estates forming part of the same village

223.Chapter not to apply to division between Govemment and estate holder

224.Revenue, a first charge on land and its produce

225.Responsibility for revenue

226.Rules as to payment of arrears and defaulters

227.Certified account to be evidence as to arrears

228.Processes for recovery of arrears

229.Writ of demand and citation to appear

229A.Power to grant Instalments

230.Attachment and sale of movable property –

231.Attachment of the Land

232.Powers and obligations of manager

233.Proclamation of attachment

234.Proclamation of attachment

235.Sale of defaulter’s specific area, patti or estate

236.Land to be sold free of encumbrances

237.Powers to proceed against Interest of defaulter In property other than that In respect of which default is made