ACT No.

5 of 1954

Enactment Date: 1954

Act year: 1954

Enforcement date: 1954

State Act

Rajasthan Agricultural Lands Utilisation Act, 1954

Act No. 5 of 1954

An Act to provide for the utilisation of uncultivated agricultural lands in the State of Rajasthan and for
regulating the cultivation of specified crops.

Be it enacted by the Rajasthan State Legislature in the fifth year of our Republic as follows —

1. Short title, extent and commencement.- (1) This Act may be called the Rajasthan Agricultural Lands
Utilisation Act, 1954.

[(2)] It extends to the whole of the State of Rajasthan.

[(3)] It shall come into force in such area -and on such date, as .the State Government may, by notification in
the [Official gazette], specify from time to time.

2. Definitions.- In this Act unless the context otherwise requires—

(a) "Agricul-tural Land" means land, whether occupied or not, which is used, or is capable of being used, for
agricultural purposes and includes fallow land.

(b) "Landholder" means the person to whom rent is, or, but for contract express or implied, would be, payable
and includes a Jagirdar, a Biswedar, a Zamindar, a rent-free grantee, a grantee at a favourable rate of rent, a
village servant, a tenant who has sublet or his mortgagee and an ijaredar or thekedar, but does not include the
State Government;

(c) "Lessee" means the person to whom land is let under this Act;

(d) "Prescribed" means prescribed by or under this Act; and

3. Power to require cultivators to grow specified crops.- (1) Notwithstanding anything to the contrary in any
law, custom or practice for the time being, the State Government, if satisfied that it is necessary in the public
interest to increase the production of fodder, food or any other commodity in any local area, may, by an order
published in the [Official Gazette], direct that in such area every cultivator shall grow over a specified
proportion of his holding such crop or crops as may be specified in such order, and different crops may be so
specified for different parts of that area:

Provided that no such direction shall be made unless the State Government has notified its intention of doing so
and has taken into consideration any objections thereto that may be received within a month of such
notification.

(2) So long as an order issued under Section (1) is in force, no cultivator shall grow in his holding any crop
other than the one which he is directed by such order to grow.

4. Utilisation of land for cultivation purposes in certain circumstances.- (1) Notwithstanding anything to
the contrary contained in any law for the time being in force, if the Collector is satisfied that any agricultural
land has remained uncultivated for two years or more or has not at all been cultivated, he may, by a written
notice in the prescribed form, call upon the landholder or tenant of such land. within thirty days from the date of
the service of such notice-

(a) to cultivate the said land personally, or

(b) to arrange for its cultivation forthwith, or

(c) to let out or sublet such land for cultivation.

Provided that no notice shall be issued under this sub-section in respect of any land which is grove land or
which is considered necessary to be retained as pasture land or which is required to be kept fallow for regaining
its fertility or which is by virtue of any custom or practice used as a threshing floor or a road or a path or an
irrigation tank or for any other like purpose.

(2) If such landholder or tenant shows to the satisfaction of the Collector within the time specified in sub-
section (1) that the land in question is not capable of being cultivated, or that it is already being cultivated or
has been let out for cultivation, the Collector shall cancel the notice.

(3) The Collector may suspend the notice if he is satisfied that such land holder or tenant is making
arrangements for the cultivation of the land himself and, if the whole or any part of such land is so cultivated
within the time for which the notice remains suspended, the Collector shall cancel the notice in respect of the
whole or part so cultivated.

(4) If the notice is neither complied with nor cancelled under sub section (2) or sub-section (3) the Collector
shall order the Tehsildar, to let out such land for a specified period not exceeding [five] years in the prescribed
order of preference and in the prescribed manner to a person on a rent to determined in accordance with law,
and the person to whom such land is let out shall be liable to pay the rent so determined direct to the land
holder.

(5) The Collector after considering objections, if any, may, while ordering the Tehsildar to let out land as
aforesaid, direct that the lessees shall grow there in specified crops; and, subject to any such direction of the
Collector, the Tehsildar may let out such land for the purpose of growing there in of a specified crop by the
lessees.

5. Appeals.- (1) Appeal from an order of the Tehsildar under this Act shall lie to the Collector.

(2) An appeal from an order of the Collector under this Act made otherwise than on appeal shall lie to
the [revenue appellant authority]:

(3) Any appeal under this section shall be preferred within thirty days of the order appealed from.

(4) The decision or the Collector of the [revenue appellate authority] as the case may be, on an appeal preferred
under this section shall, subject to the provision contained in sub-section (5) be final.

(5) the Board of Revenue may revise any order passed under this Act by a collector or a [revenue appellate
authority] on appeal.

6. Penalties- If any person contravenes any of the provisions of section 3 or section 4 or an order made under
either of the said section, he shall be punished with fine not exceeding five hundred rupees.

7. Order not to be called in question.- Except as otherwise provided in this Act, no order made or action taken
in exercise of any power conferred by or under this Act shall be called in question in any court or before any
authority.

8. Bar to legal proceedings.- (1) No suit, prosecution or other legal proceeding shall lie for anything which is
in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

(2) No suit or other legal proceeding shall lie against the State Government for any damage caused by anything
which is in good faith done or intended to be done under this Act.

9. Power to make rules.- The State Government may, by notification in the [Official Gazette], make rules for
carrying out the provisions of this Act.

10. [X X X].