Chapter 3: Authorized Officers (Director of Land Records)
Clause 30 - After obtaining prior approval from the State Government, the Director of Land
Records will reorganize all villages of the district into revenue circles.
➢ Clause 31 - The appointment of the revenue circles will be done by the Deputy Collector.
➢ Key Responsibilities of Revenue Circles:
Maintain and improve the annual register and records.
Consolidate land tax, state revenue, and other dues by collecting from all landholders and
lessees.
➢ Clause 32 - After obtaining prior approval from the State Government, the Director of Land
Records will reorganize revenue circles into land record inspection circles.
➢ Clause 33 - The Collector will appoint an Inspector of Land Records for each inspection
circle as per the prescribed laws.
Responsibilities of the Inspector of Land Records:
Proper monitoring, preservation, and maintenance of annual registers and records.
➢ Clause 34 - The Director of Land Records will appoint an Inspector for each district under
the prescribed law. Their responsibility includes monitoring the work of Inspectors of Land
Records and Revenue Circles.
Chapter 6: Land
➢ Clause 88 - All roads and lands not owned by any individual shall belong to the State.
➢ Clause 89 - All minerals, stones, and fisheries within any river or waterbody belong to the
State Government.
➢ Any person extracting minerals or resources without legal authorization will face action. A
penalty of ₹50 per ton may be imposed on illegally extracted resources as per the written
orders of the Collector (up to ₹1,000).
➢ Clause 90 - Land revenue or tax shall be applied to all land. The State Government may
exempt or waive taxes for certain lands as notified.
Key Provisions and Clauses Related to Land Use and Penalties:
➢ Clause 90 (a):
Non- agricultural activities on agricultural land are permitted only after obtaining written
approval from the State Government. Upon granting approval, the government may regulate
urban improvement and impose a premium on such land.
If unauthorized non- agricultural use of land occurs without approval, the government may
evict the individual under Clause 91 or impose additional fines, regulate urban improvements,
and levy a premium.
This provision excludes religious, charitable, or public trusts from unauthorized use of any land.
Appeals against such orders can be made to the Collector within 30 days, and decisions must
be resolved within 60 days, else reasons must be recorded in writing.
➢ Clause 91:
Unauthorized occupation of land by trespassers will result in eviction. Trespassers will also be
liable for annual rent or taxes for the years of unauthorized occupation, along with a penalty of
50% of the total amount.
Persistent encroachments will attract fines and civil imprisonment of up to three months.
If any individual extracts unauthorized benefits from land, a notice will be issued. Failing to
comply with the notice may result in imprisonment for 1 to 3 years or a fine of up to ₹ 20,000.
Officials who deliberately ignore such violations may face imprisonment of up to 1 month or
fines up to ₹1,000, or both, as decided by the Collector.
➢ Clause 92:
Specific lands may be reserved for public welfare projects, such as animal tax- free grazing
zones, afforestation, development projects, or other public schemes.
➢ Clause 93:
The State Government shall regulate the use of grazing areas and forest produce.
The State has authority over the commercialization, preservation, and management of forest
produce (Clause 94).
➢ Clause 94 (a):
Trees on roadsides belong to the government. Any damage or misuse of such resources
requires compensation to the government at rates determined by the Collector.
Chapter 7: Comprehensive Survey and Record Management
➢ State Government may conduct a comprehensive survey of local land after issuing an
official Gazette notification.
➢ The survey and updates will be carried out by the Land Records Officer, which will include
the following tasks:
Key Tasks:
Demarcation:
Preparing maps and registers of farmers.
Section 114(a):
Clearly delineating boundaries of all land, stakeholders associated with it, their auxiliary rights,
and interests.
Ownership:
Section 114(b):
Preparing details of land under ownership disputes or other claims.
Exemption Register:
Section 114(c):
Providing details of land exempted from any taxes or revenue.
➢ Section 120:
The Land Records Officer will prepare a list of all villages in the survey area, including the
following details:
Potential flood- prone areas.
Designated disputed zones.
The revenue and taxes imposed on them, along with the payable amount by the respective
individuals.
Tax and revenue- free zones.
➢ Annual Record Updates:
The Land Records Officer will also prepare an annual register.
Section 8: Land Rights Procedures
➢ Section 173:
Reports will be prepared by village- based Land Rights Officers, including details of residents'
rights, such as irrigation, road usage, and other facilities.
A detailed description of each land user and their rights will be provided.
Section 9: Division of Land Properties
Classification and redistribution of land properties based on usage and ownership.
Section 10: Revenue Collection (Recovery)
The process and timelines for tax and revenue collection will be specified.
Section 11: Miscellaneous Provisions
Resolution of other matters related to land records.
Rajasthan Tenant Act, 1955
This Act was implemented on October 15, 1955, to regulate matters related to land tenancies
and ensure land reform. The Act consists of 16 sections, 260 clauses, and 3 schedules.
Section 1
➢ Various Definitions
Agricultural Year: The year starting from July 1 and ending on the following June 30, during
which agricultural activities, including cultivation, animal husbandry, and forest development,
are carried out.
Tenant: A person who is granted possession of any part of a village or land under tenancy
rights and whose rights are registered in the records as a tenant or owner, including
subtenants within the specified area.
Landowner: Any rightful landowner, including tenants, leaseholders, or proprietors.
Lease or Rent: Any document or agreement granting occupancy rights in exchange for
payment, referring to the concerned area as lease or rent.
Unauthorized Land Occupant: Any individual who unlawfully takes possession of land under
this Act, such as abandoned property or residential encroachments, at the time when official
records were being prepared according to the prevailing laws.
Such possession, after the enactment of this law, becomes legal within the scope of existing
laws as unauthorized occupancy in the specified manner.
Sayar : Includes all items generated from land or crops, such as grains, fruits, vegetables,
fodder, trees, or other materials. It also includes rights to exploit the land for financial
purposes, such as hunting, fishing, or collecting forest produce.
Adjoining Landholder: A person who acquires or cultivates land adjacent to the concerned
property, affecting the owner due to a lack of a rent agreement.
Encroachment: Any unauthorized use of land for irrigation, agricultural purposes, or structures,
including trenches, canals, or other construction activities.
Section 2
➢ Unauthorized Occupants
This section outlines the rights and processes concerning unauthorized occupants, their
eligibility, and the conditions under which tenancy rights may or may not be granted. It
specifies the circumstances in which unauthorized occupation is legitimized, including lease
agreements, transfers, or other legal frameworks.
Section 3
➢ Classification of Tenants
Different categories of tenants are described under this section:
Owner: Refers to those owning land through inheritance or purchase.
Unauthorized Landholder: Describes those occupying land without formal ownership
registration.
Registered Tenant: Those whose names are recorded in official registers as tenants.
Unregistered Tenant: Refers to tenants without official registration but occupying the land
under specific conditions.
Adjacent Landholder: A person using the land adjacent to their property for cultivation.
Specific provisions were also mentioned regarding temporary and government leases,
including public purposes and limits on private ownership.
➢ However, certain lands do not grant tenancy rights, such as grazing lands, riverbeds
occasionally used for agriculture, lands supplying water for cultivation (like water reservoirs or
temporary agricultural lands), lands for agricultural fairs or educational and sports purposes,
government agricultural or forest lands, water sources within village boundaries, government
colony lands, lands for public purposes, military encampments, lands within canal areas, or
lands within railway or river boundaries.
Section 3 (a)
➢ This section discusses the granting of specific rights to tenants and unauthorized
occupants upon payment of compensation. It prescribes compensation of 15 percent for
certain lands, 20 percent for specific lands, and compensation is also applicable for land
improvements. Rights related to lease agreements require a compensation payment of 10
percent.
Section 3 (b) Maximum area and rights for land grants
Section 3 (c) Primary rights of tenants (occupants):
Right to land for residential purposes.
Right to written agreements and related documentation.
Right to certification of agreements.
Freedom from harassment or exploitation.
Relief from arbitrary disputes.
Right to use materials from abandoned houses.
Right to transfer lease rights.
Section 4: Succession, Transfer, Revocation, and Division
➢ A tenant who is beneficial (non- alienable) can transfer, revoke, or divide their rights within
the landholding, except for individuals belonging to Scheduled Castes/Tribes. Non- tenants
from these categories cannot hold land in this manner.
Section 5
➢ A tenant or occupant can lease part of their land for temporary purposes under specific
conditions. However, such a lease is generally granted for five years, after which the lease
must be renewed. Non- tenants can lease the land for only one year.
Section 6
➢ Land reforms can be carried out by the state government for any land. With the consent of
the patwari, the tenant or landowner can make improvements to their landholding.
Improvements can include irrigation, fencing, and other enhancements for which
compensation may be granted.
Section 7: Trees
➢ A tenant can plant trees on their landholding, provided they do not reduce the productivity
of the land and maintain its full value. Unauthorized tenants need prior approval from the
patwari to remove trees. Authorized tenants can remove trees with the landowner's consent.
Disputes related to trees will be resolved by the patwari.
Unauthorized removal of trees will result in penalties.
Section 8: Declaratory Claims
Any individual claiming rights as a tenant or sub- tenant can file a declaratory claim for their
share or co- tenancy rights.
Disputes regarding boundaries, plots, areas, valuation, or practices related to the landholding
can be resolved through declaratory claims.
Section 9: Determination and Modification of Valuation
The state government determines valuation rates.
Valuation can be made in cash or produce shares, with a maximum limit of 1/6th of the total
yield in cash payments.
Specific proportions apply to tenant contributions (e.g., 50% for cultivation).
Valuation disputes are decided by valuation authorities based on land classification, published
market rates, etc.
Adjustments to valuation can occur in agricultural disputes or during difficult periods.
Section 10: Payment and Recovery of Valuation
Valuation is payable to the tenant/landholder, determined by the Collector based on published
prices.
Payments can be made in cash or kind.
Recovery of valuation arrears is possible through legal claims or disputes, including
compensation for irrigation or canal maintenance costs.
The government may collect arrears of valuation as revenue dues.
Section 11: Eviction
A tenant can be evicted from their landholding for reasons such as:
Non- payment of valuation.
Unauthorized transfer or sub- leasing.
Misuse or neglect of the land.
Breach of conditions in exceptional circumstances.
Eviction claims for unauthorized eviction are permissible, and compensation for improvement
may be granted.
Section 12: Land Grant
Land grants can be made based on concessional valuation rates.
Beneficiaries may include registered tenants or other eligible individuals, requiring their
commitment to valuation payments.
Grants for village services must ensure proper land use, and misuse may lead to eviction.
Proper records and notices are mandatory for eviction.
Section 13: Sub- Tenant Rights
Sub- tenants are granted specific rights, such as:
Rights to remove or sell trees, improve land, and transfer land.
Rights to organize or sell produce or lease the land for three years.
Payment to the primary landholder is mandatory.
Sub- tenants can lease land temporarily or permanently on valuation agreements.
Section 14: Contractor or Leaseholder Rights
Contractors or leaseholders have the right to:
Remove trees, enhance valuation, or file claims for eviction disputes.
Make land improvements.
They may be evicted for not paying valuation.
They can surrender their rights voluntarily.
Section 15: Jurisdiction and Functions of Revenue Courts
All disputes and applications are heard by revenue courts.
Appeals against decisions can be filed, such as:
Appeals against decisions of the patwari (30 days).
Appeals against Collector's decisions (60 days).
Appeals against Board decisions (90 days).
Revenue courts also have the authority to conduct a review of previous cases or
reconsideration of judgments.
Key Amendments and Provisions
2010 Amendment:
A new provision (Section 251) was added allowing the state government to:
Declare any landholder as non- cultivator for failing to meet obligations such as:
Crop rotation or maintaining fertility.
Expanding existing roads or constructing new roads.
Associated cases will be addressed by sub- regional officers with provisions for appropriate
compensations.
2014 Amendment:
Under the Rajasthan Land Reforms (Amendment) Act, 2014, a new provision was introduced in
Section 45 of the Land Reforms Act:
Agricultural land can be leased for 30 years on a contract or sub- contract basis, extendable by
10 years.
If the land is used for purposes not covered under this act, it falls under Section 90(d) and
sub- clause 5(d) of the Rajasthan Land Revenue Act.
Types of Land Excluded from Leasing:
Railways' land.
Forest land.
Riverbank land.
Irrigation land.
Reserved land for defense camps.
Industrial land.
Educational land.
Land designated for sports activities.
Urban development land.
Focus Areas of the Act
Consolidated Legislation:
To ensure uniformity in land- related matters.
Special Provisions for Marginalized Communities:
Protection and rights to economically weaker sections (EWS).
Protection of Cultivators' Rights:
Safeguarding tenant farmers’ and sub- tenants' interests.
Control Over Unauthorized Activities:
Addressing illegal occupation, unfair valuation, and tenancy disputes.
Land Development and Infrastructure Improvements:
Promoting sustainable agricultural practices and infrastructure.
Empowerment of the State:
Allowing the state to act as a landholder where necessary, protecting the interests of
cultivators.
