3/26/2021 Rajasthan Tenancy Act, 1955

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Central Acts and Rules Amended and Updated

 Rajasthan Tenancy Act, 1955 (rj001.htm)

 Rajasthan Tenancy (Board Of Revenue) Rules, 1955 (rj324.htm#0)
 Rajasthan Tenancy (Fixation of Ceiling on Land) (Government) Rules, 1963 (rj325.htm#0)
 Rajasthan Tenancy (Government) Rules, 1955 (rj323.htm#0)
 Rajasthan Tenancy Act, 1955 (rj001.htm#0)

Rajasthan Tenancy Act, 1955

Rajasthan Act No. 3 of 1955
001

LEGISLATIVE HISTORY 6
Received the assent of the President on the 14th Day of March, 1955
An Act to consolidate and amend the law relating to tenancies of agricultural lands, and to provide for
certain measures of land reforms and matters connected therewith.
Be it enacted by the Rajasthan State Legislature in Sixth year of the Republic of India as follows-

CHAPTER I

Preliminary

1. Short title, extent and commencement-- (1) This Act may be called the Rajasthan Tenancy Act,
1955.
(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 in this behalf.
Object & Reasons 6
2. Omitted.
3. Repeal— (I) On and from the coming into force of this Act, the following shall stand repealed,
namely:—
(a) the enactment mentioned in Column 2 of the Fist Schedule to the extent specified in Column 3
thereof;
(b) any corresponding laws, other than the enactments referred to in clause (a) , hitherto in force in
any of the Covenanting States in so far as such laws are covered by or are inconsistent with the
provisions of this Act, and

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(c) any laws amending the enactments or laws referred to in the preceding clauses of this sub-
section.

(2) Nothing contained in any Act, Ordinance, regulation, rule, order, resolution, notification or bye-laws
not repealed hereby or by the Rajasthan Revenue Laws (Extension) Act, 1957 or in the terms or
conditions of any order or instrument granting, or recognising the grant of a Jagir or Zamindari or
Biswedari rights which is contrary to or inconsistent with the provisions of this Act, shall be operative or
in any way affect those provisions.
(3) Any custom or usage relating to agricultural tenancies prevailing at the commencement of this Act in
any part of the pre-recognisation State of Rajasthan except the Sironj area at the commencement of
the Rajasthan Revenue Laws (Extension) Act, 1957, in the Abu, Ajmer or Sunel area, and having the
force of law, shall, if such custom or usage is repugnant to or inconsistent with the provisions of this
Act, cease to be operative to the extent of such repugnancy or inconsistency.
(4) The provisions of any agreement relating to agricultural tenancies; existing and operative at such
commencement, which are repugnant to or inconsistent with, the provisions of this Act, shall, subject to
such savings as are- elsewhere Provided in this Act or in the Rajasthan Revenue Laws (Extension) Act,
1957, become void and cease to be operative to extent such repugnancy or inconsistency.
4. Omitted.
5. Definitions— In this Act, unless the context otherwise requires—
(1) "agricultural year" shall mean the year commencing on the first day of July and ending on the
thirtieth day of June next following;
(2) "Agriculture" shall include horticulture, Cattle breeding, dairy farming. Poultry farming and
forestry development.
(3) "Agriculturist" shall mean a person who by himself or by servants or tenants earns his
livelihood wholly or principally by agriculture.
(4) "Assistant Collector" shall mean an Assistant Collector appointed under the Rajasthan
Territorial Divisions Ordinance, 1949, or under any other law for the time being in force;
(5) "Biswedar" shall mean a person on whom a village or portion of a village in any part of the
State is setelled on the Biswedari system and who is recorded as Biswedar or as an owner in the
record of rights and shall include a Khatedar in the Ajmer area;
(6) "Board" shall mean the Board of revenue for the State established and constituted under the
Rajasthan Board of Revenue Ordinance, 1949. or under any other law for the time being in force;
(6A) "Ceiling area" [x x x ]
(7) "Collector" shall mean a Collector or an Additional Collector appointed under the Rajasthan
Territorial Divisions Ordinance, 1949, or under any other law for the time being in force;
(8) "Commissioner" shall mean the Commissioner of a Division and shall include an Additional
Commissioner.
(9) "Crops" shall include shrubs, bushes, plants and climbers such as rose bushes, plants,
mehendi bushes plantains and papittas, but shall not include fodder and natural produce.
(10) "Estate" shall mean Jagir land or interest in Jagir land held by a Jagirdar and shall include
land or interest in land held by a Biswedar. or a Zamindar; or a Land owner.

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(11) "Estate holder" shall mean the holder for the time being of an estate, that is to say, a Jagirdar,
a Biswedar or a Zamindar; or a Land owner.
(11-A) "Existing Jagir Law" shall mean any Act, Ordinance, Regulation, rule, order, resolution,
notification or bye-law relating to Jagir Lands or Jagirdars in force in the whole or any part of the
State at the commencement of this Act and shall include—

(a) any custom or usage or relating to such Jagir land or Jagirdars prevailing at the
commencement of this Act in the whole or any part of the State and having the force of law,
and

(b) the terms and conditions contained in any order or instrument granting or recognising the
grant of Jagir lands;

(11-B) "fragment" shall mean a piece of land less in area than the minimum preScribed by the
State Government;
(12) "Grant" shall mean a grant or a right to hold land or interest in land in any part of the St-Ate
and the person to whom such right is granted shall be called the 'grantee' thereof;
(13) "Grant at a favourable rate of rent" shall mean a grant in any part of the State at a rent
which is less than the rent thereof, calculated in accordance with the sanctioned rent rates and
which is, in accordance with the terms of the grant, not liable to variation under Chapter IX; and
the holder of such a grant shall be called a 'grantee at a favourable rate' which expression shall
also include concessional holder in the Sunel area;
(14) Omitted.
(15) "Grove-land" shall mean any specific piece of land in any part of the State having trees
planted thereon in such numbers that they preclude, or where full grown, will preclude, such land
or any considerable portion thereof from being used primarily for any other agricultural purpose
and the trees so planted shall constitute a grove.
(16) "High Court" shall mean the High Court for the State of Rajasthan;
(17) "Holding" shall mean a parcel or parcels of land, held under one lease, engagement or, in the
absence of such lease, engagement or grant, under one tenure and shall include, in the case of
an Ijaradar or Thekadar, the ijara or theka area:
Provided that, for the purposes of Chapter III-B, all parcels of land held anywhere throughout the
State by a person under one or more than one lease, engagement, grant or tenure, and whether
cultivated personally or let or sub-let by him, shall be deemed to be his holding and, where any
such land is held by more then one person as co-tenants or co-sharers, the share of each of
them shall be deemed to be his separate holding whether a division thereof has or has not
actually taken place;
(18) "Ijara or Theka" shall mean a farm or lease granted for the collection of rent, the area to which
an Ijara or Theka relates shall be called the "Ijara or Theka area" And an "Ijaradar" or "Thekadar"
shall mean the person to whom an Ijara or Theka is granted;
(19) "Improvement" shall mean, with reference to a tenant's holding-

(a) a dwelling house erected. on the holding by the tenant for his own occupation or a cattle-
shed or a storehouse or any other construction for agricultural purposes erected or set up
by him on his holding;

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(b) any work which adds materially to the value of the holding and which is consistent with the
purpose for which it was let; and subject to the foregoing provisions of his clause, shall
include
(1) The construction of bunds, tanks, wells, water channels and other work for the storage,
supply or distribution of water for agricultural purposes,
(2) the construction of works for the drainage of land for its protection from floods or
from erosion or from other damage by water,

(3) the reclaiming, clearing, enclosing, levelling or terracing of land,

(4) the erection in the immediate vicinity of the holding, otherwise than on the village-
site, of building required for the convenient or profitable use or occupation of the
holding.

(5) the renewal or reconstruction of any of the foregoing works or such alteration therein
or additions thereto as are not of the nature of mere repairs;

but shall not include such temporary wells, water channels, bunds, enclosures or other works as
are made by tenants in the ordinary course of cultivation.

(20) Omitted.
(21) "Jagirdar" shall mean any person holding Jagir land or any interest therein in any part of the
State and recognised as a Jagirdar under any existing Jagir Law and shall include a grantee of
Jagir land from a Jagirdar;
(22) "Jagir land" shall mean land in any part of the State in which or in relation to which a Jagirdar
has rights in respect of land revenue or any other kind of revenue and shall include—

(a) land held in the pre-reorganisation State of Rajasthan other than the Sironj area on any of
the tenure; specified in the Second Schedule,

(b) land, if any, held in the Abu area as Jagir as defined in clause (vi) of subsection (1) of
section 2 of the Bombay Merged Territories and Areas (Jagir Abolition) Act, 1953 (Bombay
Act 39 of 1954).

(c) land, if any, held in the Ajmer area as an estate as defined in clause (v) of sub-section (1)
of section 2 of the Ajmer Abolition of Intermediaries and Land Reforms Act, 1955 (Ajmer
Act HI , 1955) that is to say, as an Istmrari estat, or as Jagir, Bhum, Muafi or Guzara or by a
minor Istmradar or a non-Sanadi Istmrardar, and

(d) Jagir land as defined in clause (vii) of sub-section (2) of the Madhya Bharat Abolition of
Jagirs, Act, Samvat 2008 (Madhya Bharat Act 28 of 1951) , if any, held in the Sunel area;

(e) land or interest in land held by a Land owner.

(23) "Khudkasht" shall mean land in any part of the State cultivated personally by in estate holder
and shall include

(i) land recorded as Khudkasht, Sir, Havala, Niji-jot, Gharkhed in settlement records at the
commencement of this Act in accordance with law in force at the time when such record
was made, and

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(ii) land allotted after such commencement as Khudkasht under any law for the time-being. in
force in any part of the State.
(24) "land" shall mean land which is let or held for agricultural purposes or for purposes
subservient thereto or as grove land or for pasturage, including land occupied by houses or
enclosures situated on a holding, or land covered with water which may be used for the purpose
of irrigation or growing singhara or other similar produce but excluding abadi land; it shall include
benefits to arise out of land and things attached to the earth or permanently fastened to anything
attached to earth.
(25) "land cultivated personally" with all its grammatical variations and cognate expressions,
shall mean land cultivated on one's own account—

(i) by one's own labour, or

(ii) by the labour of any member of one's family, or

(iii) under the personal supervision of oneself or any member of one's family by hired labour or
by servants on wages payable in cash or in kind but not by way of a share in crop:

Provided that in the case of a person who is a widow or a minor or is subject to any physical or
mental disability or is a member of the Military, Naval or Air Services of India or who, being a
student of an educational institution recognised by the State Government is below the age of
twenty-five years, land shall be deemed to be cultivated personally even in the absence of such
personal supervision.
(25-A) Land Owner—shall mean the Ruler of a Covenanting State in Rajasthan holding an estate,
as defined in clause (b) of section 2 of the Rajasthan Land Reforms and Acquisition of
Landowner's Estate Act, 1963 (Rajasthan Act 11 of 1964) under and in accordance with the
Settlement of his personal or private properties made in pursuance of the covenant and finally
approved by the Central Government.
(26) "land-holder" shall mean the person (in any part of the State, by whatever name designated)
to whom rent is, or, but for a contract, express or implied, would be, payable and shall include

(i)an estate-holder,

(ii) a grantee at a favourable rate of rent,

(iii) in the case of a sub-lease, the tenant-in chief who has sublet or his mortgagee,

(iv) for the purposes of Chanter IX' and X, and ijaradar or Thekadar, and

(v) generally every person who is a superior holder, in relation t;) persons holding directly from
or under him;
(26-A) "Landless person" shall mean an agriculturist by profession who cultivates or can
reasonably be expected to cultivate land personally but who does not hold any land, whether in
his own name or in the name of any member of his joint family, or holds a fragment;
(26-AA) "Malik" means a Zamindar or a Biswedar who;upon the vesting of his estate in the State
Government under the Rajasthan Zamindari and Biswedari Abolition Act, 1959, becomes, under
section 29 thereof, the Malik of the Khudkasht land by him;
(26-B) "Member of the Military, Naval or Air Services of India" or "member of the Armed
Force of the Union" shall include a member of the Rajasthan Armed Constabulary.

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(27) "Occupied land" shall mean land which for the time being has been let out to, and is in the
occupation of, a tenant and shall include khudkasht, and "unoccupied land" shall mean land
which is not occupied;
(28) "Pasture land" shall mean land used for the grazing of the cattle of a village or villages or
recorded in settlement records as such at the commencement of this Act or thereafter reserve as
such in accordance with rules framed by the State Government;
(29) "Pay" with all its grammatical variations and cognate expression, shall, when used with
reference to rent, include "deliver" with all its grammatical variations and cognate expressions;
(30) "Prescribed" shall mean prescribed by rules made under this Act;
(31) "Registered" shall mean registered under the Indian Registration Act, 1908 (Central Act XVI
of 1908) and shall include "attested" under the provisions of section 33 of this Act;
(32) "Rent" shall mean whatever is in cash or in kind or partly in cash and partly in kind payable on
account of the use of (he occupation of land or on account of any right in land and, unless the
contrary intention appears, shall include sayer,
(33) Omitted.
(34) "Revenue" shall mean land revenue, that is to say, the annual demand payable directly to the
State Government on any account whatsoever in respect of and or of any interest in or use of
land and shall include assigned land revenue;
(34-A) "Revenue appellate authority" shall mean the officer appointed as such authority under
section 20A of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) ;
(35) "Revenue Court" shall mean a court or an officer having jurisdiction to entertain suits or other
proceedings relating to agricultural tenancies, profits and other matters, connected with land or
any right or interest in land, wherein such court or officer is required to act judicially; it shall
include the Board and every member thereof, a revenue appellate authority, a Collector, a Sub-
Divisional Officer, an Assistant Collector, a Tehsildar or any other revenue officer while so acting;
(36) "Revenue Officer" shall mean any officer employed in the business of revenue and rent or in
maintaining revenue records;
(37) "Sayar" shall include whatever is to be paid by a lessee or licensee on account of the right to
gather from unoccupied land such produce as grass, thatching grass, wood, fuel, fruits lac, gum,
long; pala, panni, water-nuts or the like or such refuse as bones or dung lying scattered on the
surface or on account of fisheries of forest rights or the use of water for irrigation purposes from
artificial sources;
(37-A) "Scheduled caste" shall mean any of the castes, races or tribes or members of, groups
within, the castes or tribes, specified in Part XIV of the Constitution (Scheduled Castes) Order
1950.
(37-B) "Scheduled tribe" means any of the tribes, tribal communities or parts of or groups within
the tribes or tribal communities, specified in Part XII of the Constitution (Scheduled Tribes) Order,
1950;
(38) "Settlement" shall mean settlement or resettlement of rent or revenue or both and shall
include a summary settlement under the Rajasthan Lands Summary Settlement Act, 1953
(Rajasthan Act XIX of 1953) ;
(39) "State" shall mean the State of Rajasthan as formed by section 10 of the States
Reorganisation Act, 1956 (Central Act 37 of 1956) ;
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(40) "Sub-Divisional Officer" shall mean an Assistant Collector placed incharge of one or more
sub-divisions under the Rajasthan Territorial Divisions Ordinance, 1949, or under any other law
for the time being in force; and includes for the purpose of Chapter III-B, an Assistant Collector in
respect of all the subdivisions in the district where he is posted for the time being.
(41) "Sub-tenant" shall mean a person in any part of the State by whatever name designated who
holds land from the tenant thereof including a Malik or a tenant from a land owner and by whom
rent is or but for a contract express or implied would be, payable;
(42) "Tehsildar" shall mean Tehsildar appointed under the Rajasthan Territorial Divisions
Ordinances, 1949, or under any other law for the time being in force;
(43) "Tenant" shall mean the person by whom rent is, or, but for a contract, express or implied,
would be, payable and, except when the contrary intention appear, shall include-

(a) in the Abu area, a permanent tenant or a protected tenant.

(b) In the Ajmer area, an ex-proprietary tenant or an occupancy tenant or a hereditary tenant
or a non-occupancy tenant or a Bhooswami or a Kashtkar,

(c) In this Sunel area, an ex-proprietary tenant or a pakka tenant or an ordinary tenant.

(d) a co-tenant,

(e) a grove-holder,

(f) a village servant,

(ff) a tenant holding from a land owner,

(g) a tenant of Khudkasht,

(h) a mortgagee of tenancy rights, and

(i) a sub-tenant,
but shall not include a grantee at a favourable rate of rent or an Ijaredar or thekadar or a
trespasser;
(44) "Trespasser" shall mean a person who takes or retains possession of and without authority or
who prevents another person from occupying land duly let out to him;
(45) "Village service grant" shall mean a grant in any part of the State, by whatsoever name
designated and either rent-free or at a favourable rate of rent, or on other terms made in lieu of
or as remuneration for some specific service to be performed to the village community 'or in the
village administration, and the holder of such grant shall be called a "village servant".
(46) "Zamindar" shall means a person on whom a village or portion of a village in any part of the
State is settled on the Zamindari system and who is recorded as such in the record of rights and
shall include a proprietor as defined in clause (a) of section 2 of the Madhya Bharat Zamindari
Abolition Act, Samvat 2001 (Madhya Bharat Act 13 of 1951) , if any, in the Sunel area;
(47) "Nalbat" shall mean a payment in cash or in kind to the owner of a well by some person for
using that well for irrigation.
6. Possessors of rights, etc. include their predecessors and Successors— All words and
expressions used in this Act to denote the person in possession of any right, title or interest in land

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shall unless the context otherwise requires, be deemed to include the predecessors and successors in
rights, title or interest of such person.
7. Applicability of the Act to State Government— In respect of land held by tenants directly from the
State Government the provisions of this Act shall apply, unless expressly provided otherwise; as if the
State Government were the land holder acting through the Tehsildar.
8. Power to act through agent— (1) Save as otherwise provided by the Code of Civil Procedure,
1908, (Central Act V of 1908) , in the case of proceedings governed by that Code, anything which is by
this Act required or permitted to be done by a landholder or a tenant may be done by his agent duly
authorised in the manner prescribed and, in the absence of evidence of a contrary intention, such agent
shall, in all dealings between a landholder and a tenant, be deemed to be acting under the authority of
his principal
(2) Processes served on and notices given to such agent shall be as effectual for all purposes as if t: e
same were served on or given to the landholder or the tenant, as the case may be, in person, and all
the provisions of this Act relating to the service of process on, or the giving of notices to a party shall be
applicable to the service of processes on or the giving of notices to such agent.

CHAPTER II

Khudkasht

9. Khudkasht right— 'Khudkasht right' means the rights conferred on holders of Khudkasht by this Act
and by any other law for the time being in force in the whole or any part of the State.
10. Succession and transfer— (1) Khudkasht right shall evolve upon the person who succeeds to the
estate of an estate holder.
(2) Khudkasht right is not transferable except by exchange or by partition of the Khudkasht or by gift for
the purpose of maintenance:
Provided that nothing herein contained shall affect a transfer of Khudkasht right, lawfully made in the
Abu, Ajmer and Sunel areas before the commencement of the Rajasthan Revenue Laws (Extension)
Act, 1957 otherwise than in the manner permitted by this sub-section.
(3) On exchange each party shall have the same right in the land received in exchange as it had in the
land given by it in exchange.
11. Restriction on letting of Khudkasht — No Khudkasht shall be let except as provided in sections
45 and 46.
12. Extinction of Khudkasht right— (I) Land shall cease to be Khudkasht -
(i) upon failure of successor to the holder thereof, or
(ii) upon transfer thereof in contravention of sub-section (2) of Section 10, or
(iii) when it is let in contravention of section 1 1 , or
(iv) when Khatedari rights accrue therein under the provisions of this Act or under any other law for
the time being in force to any person other than the Khudkashtholder, or
(v) upon the holder of Khudkasht becoming a Khatedar tenant under section 13.

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(2) Where land is transferred in contravention of sub-section (2) of section 13 the transferee shall
become a Khatedar tenant thereof.
13. Khatedari rights upon resumption or abolition— On the resumption or abolition of an estate
under any law in force in the whole or any part of the State, the estate-holder holding Khudkasht shall
become a Khatedar tenant thereof and shall be entitled to all the rights conferred, and be subject to all
the liabilities imposed, on a khatedar tenant by or under this Act;
Provided that the Zamindar or Biswedar holding Khudkasht land on the abolition of this estate under
the Raj. Zamindari and Biswedari Abolition Act, 1959, shall become the Malik of such Khudkasht land
and shall be entitled to all the rights conferred and be subject to all the liabilities imposed on a Khatedar
tenant by or under this Act.

CHAPTER III

Classes of Tenants

14. Classes of tenants— For the purposes of this Act, there shall be the following classes of tenants,
namely:
(a) Khatedar tenants, (aa) Maliks, and
(b) Tenants of Khudkasht, and
(c) Gair Khatedar tenants.

15. Khatedar tenants— (1) Subject to the provisions of section 16 and clause (d) of Sub-section (1) of
section 180 every person who, at the commencement of this Act, is a tenant of land otherwise than as
a sub-tenant or a tenant of Khudkasht or who is, after the commencement of this Act, admitted as a
tenant otherwise than a sub-tenant or tenant of Khudkasht or an allottee of land under, and in
accordance with, rules made under section 101 of the Rajasthan Land Revenue Act, 1956 (Rajasthan
Act 15 of 1956) or who acquires Khatedari rights in accordance with provisions of this Act or of the
Rajasthan Land Reforms and Resumption of Jagir Act, 1952 (Rajasthan Act VI of 1952) or of any other
law for the time being in force shall be a Khatedar tenant and shall, subject to the provision of this Act
be entitled to all the rights conferred; and be subject to all the liabilities imposed on Khatedar tenants by
this Act:
Provided that no Khatedari rights shall accrue under this section to any tenant, to whom land is or has
been let out temporarily in Gang Canal, Bhakra, Chambal or Jawai project area or any other area
notified in this behalf by the State Government.
(2) Notwithstanding anything contained in sub-section (1) Khatedari rights shall not accrue there under
to any person to whom land had been let out before the commencement of this Act by the State
Government in furtherance of the Grow More Food Campaign or under some special order subject to
some specified conditions or in pursuance of some statutory or non-statutory rules and who shall have,
before such commencement, made a default in securing the objective of such campaign or a breach of
any such order, condition or rule.
(3) Any person referred to in sub-section (2) may, within three years from the date of commencement of
this Act and on payment of a court-fee of twenty five naye paise apply to the Assistant Collector having

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jurisdiction praying for a declaration that acquired Khatedari right under sub-section (1) in the land held
by him.
(4) Such application may be made on any of the following grounds, namely:
(a) that the land held by him was let out to him after the" commencement of this Act.
(b) that it was not let out to him in any of the circumstances specified in sub-section (2).
(c) that when the- land was so let out to him he was not apprised of such circumstances.
(d) that he had, before such commencement made no default or breach of the nature specified in
sub-section (2).
(5) The Assistant Collector shall, upon the presentation of an application under sub-section (3), make
inquiry in the prescribed manner and afford reasonable opportunity to the applicant of being heard and
shall, if he does not reject the application , declare the applicant to have become Khatedar tenant of his
holding in accordance with and subject to the provisions of the subsection (I).
15A. Khatedari rights not to accrue in Indira Gandhi Canal Area— (1) Notwithstanding anything
contained in section 13 or in sub-section (1) of section 15 of this Act to in any other law for the time
being in force, or in any lease, Patta or other document, land in the Indira Gandhi Canal area leased
out on any terms what ever shall be deemed to have been let out temporarily with in the meaning of the
proviso to the said sub-section of the said section 15 of this Act and no Khatedari rights shall accrue or
shall be deemed ever to have accrued in any such land leased out as aforesaid.
Provided that nothing in sub-section (1) shall affect or apply to any person to whom Khatedari rights
shall accrue in accordance with the provision of the Rajasthan Colonisation (General Colony)
Conditions, 1955 or any other Statement of Conditions or Rules of Allotment and Sale of Government
land made in exercise of the power conferred by section 7 of the Rajasthan Colonisation Act, 1954
(Rajasthan Act 27, 1954) or the rules for allotment of land for Khudkasht in the Rajasthan Canal area
made under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Rajasthan Act 6 of
1952).
(2) Any person claiming that he possesses and is in enjoyment of Khatedari rights in any land referred
to in sub-section (1) because such land had been let out to him permanently before the
commencement of this Act may within four years from the date of such commencement and on
payment of a court fee of twenty-five naya paise apply to the Assistant Collector having jurisdiction,
praying for a declaration to that effect and the provisions of sub-section (5) of section 15 shall apply to
such application.
15AA. Non-accrual of Khatedari rights in Chambal Project Area in certain cases.— (1)
Notwithstanding anything contained in any lease, assessment Parcha, Patta or other document no
Khatedari right shall be deemed ever to have accrued to person holding land within the Chambal
Irrigation Project area.
(2) Nothing in sub-section (1) shall affect or apply to any person who had since before the
commencement of this Act, heritable and transferable rights under the tenancy laws of the former Kota
State or the former Bundi State Or to whom Khatedari rights may have accrued under section 13 or
section 19 of this Act or under and in accordance with the provisions of the Rajasthan Colonisation
(Chambal Project ((government Land Allotment and Sale) Rules, 1957; or under or in pursuance of the

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Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Rajasthan Act 6 of 1952), or the
Rajasthan Zamindari and Biswedari Abolition Act, 1959 (Rajasthan Act 8 of 1959).
15AAA. Accrual of Khatedari Rights in the Indira Gandhi Canal area— (1) Notwithstanding
anything contained in Section 15-A,krty person who, at the commencement of this Act—
(a) was a holder 'of Khudkasht or an occupancy tenant or a Maurusidar or a Khatedar tenant or a
tenant with transferable and heritable rights and was recorded as such in the annual registers
then current, or
(b) was not so recorded, but was a holder of Khudkasht or an occupancy tenant or a Maurusidar or
a Khatedar tenant or a tenant with transferable and heritable rights,

shall, as from the date of the commence-ment of this Act, be entitled to all the rights, and subject to all
the liabilities, of a Khatedar tenant under this Act.
(2) Every person claiming that the rights mentioned in clause (b) of sub-section (I) accured to him shall,
within one year of the commencement of the Rajasthan Tenancy (Amendment) Act. 1979 and on the
payment of a court fee of fifty paisa, apply to the Assistant Collector having jurisdiction, or to any other
authority as may be prescribed by the State Government from time to time, for a declaration that he
acquired Khatedari rights under clause (b) of sub-section (1) in the land held by him and the provisions
of sub-section (5) section 15 shall apply to such application.
(2-A) Notwithstanding anything contained in section 15-A, any person who was a holder of Khudkasht
or a tenant of land otherwise than as a sub-tenant or a tenant of Khudkasht within the Indira Gandhi
Canal area, whether recorded as such at the commencement of this Act or subsequently in the record
of rights, prepared during the survey or re-survey and record operations conducted under sections 106
and 107 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act No. 15 of 1956), shall be entitled to
all the rights, and be subject to all the liabilities, of a Khatedar tenant under this Act, with respect to the
whole or such part of the land held as does not exceed the maximum area of land which he is entitled
to hold in accordance with the provisions of the Rajasthan Imposition of Ceiling on Agricultural Holdings
Act, 1973 (Rajasthan Act No. 11 of 1973).
(3) Notwithstanding anything contained in sub-section ;I) of section 15-A and save or otherwise
provided in sub-section (I)any person who, at the commencement of this Act,—
(a) was a tenant of land or otherwise than as a sub-tenant or a tenant of Khudkasht and was
recorded as such in the annual registers then current, or
(b) was not so recorded, but was a tenant of land otherwise than as a sub tenant or tenant of
Khudkasht,

and was in continuous possession of the land as such tenant upto the date of commencement of the
Rajasthan Tenancy (Amendment) Act, 1983, shall, on an application being made in such form and in
such manner as may be prescribed to the Assistant Collector having jurisdiction or to any other officer
or authority authorised by the State Government in this behalf, within 1426 days of the date of
commencement of the Rajasthan Tenancy (Amendment) Act, 1983 i.e. upto 30th June 1987 and be
granted Khatedari rights in respect of the land in his tenancy upto the limit of the area which can be
held by him under the provisions of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act,
1973 (Rajasthan Act 11 of 1973), provided he pays to the State Government the reserve price for the
land held by him in excess of 25 bighas of irrigated or 50 bighas of un-irrigated land and upto the said
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limit at the rate prescribed under section 7 read with section 28 of the Rajasthan Colonisation Act, 1954
(Rajasthan Act 27 of 1954) and in force on the date of commencement of Rajasthan Tenancy
(Amendment) Act, 1983.
Provided that the State Government may, on being satisfied that it is necessary or expedient to do so,
extend by notification the period beyond 30th June, 1987, not exceeding six months, up t.) we day as
deemed fit.
Explanation I— For the purpose of grant of Khatedari rights under this subsection, the expression
'tenant' shall include his successor-in-interest but shall not include his transferee.
Explanation II— where there are two or more co-tenants in a holding on the date of commencement of
the Rajasthan Tenancy( Amendment) Act, 1983, all such co-tenants shall, for the purpose of grant of
Khatedari rights with respect to the area of land for which no reserve price is to be charged, be deemed
to be the sole tenant in that area of the holding.
(4) subject to such rules as may be made by the State Government, the reserve price payable under
sub-section (3) may be paid by the tenant in sixteen equal instalments of which the first instalment shall
be paid along with the application under the said sub-section and the remaining instalments shall,
thereafter, be payable on the 1st day of January and 1st day of July of each succeeding year until the
entire amount of reserve price is paid of:
Provided that where water from the Indira Gandhi Canal is released for irrigation for the first time, after
the commencement of the Rajasthan Tenancy (Amendment) Ordinance, 1984, to n e land in which
Khatedari rights are granted under sub-section (3), the first instalment of Rs. 500/- shall be paid along
with the application under the said sub-section, and the remaining amount shall be payable in sixteen
equal instalments on the 1st day of January and 1st day of July of each succeeding year after the
expiry of two years from the date of release of water to such land for irrigation:
Provided further that nothing in this sub-section shall preclude the tenant from making payment of the
whole or part reserve price earlier than that provided in this sub-section
(5) Notwithstanding anything contained in sub-section (3), where a tenant pays to the State
Government the entire reserve price in one lump sum within the period allowed for making an
application under that sub-section, the amount of reserve price payable by him shall be deemed to be
25% less than that provided therein.
(6) tenant who fails to pay the reserve price in accordance with sub-section (4) or sub-section (5) shall
not be entitled to the grant of Khatedari right under sub-section (3);
(7) All applications made by persons, other than those referred to in sub-section (2) but falling within
the preview of sub-section (3), before the date of commencement of the Rajasthan Tenancy
(Amendment) Act, 1983 for declaration of accrual of or for grant of Khatedari rights in the land held by
them at the commencement of this Act and pending before the Assistant Collector or before any other
authority prescribed by the State Government under sub-section (2) on such date, shall be treated as
applications for the grant of Khatedari rights and be deemed to have been made under sub-section (3)
and shall be decided by the officer or authority mentioned in that sub-section in accordance with the
provisions contained in sub-section (3) and sub-section (8).
(8) Where a person claims himself to be a tenant of land as is referred to in sub-section (3) but was not
so recorded in the annual registers current at the commencement of this Act, the question whether he
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was such a tenant or not shall be decided on the basis of available evidence including the consensus
opinion of the Gram Sabha, comprising of all adult persons residing in the village where the land is
situated, reduced into writing by the Assistant Collector or any other officer or authority competent
under the said subsection to grant Khatedari rights.
15B. Khatedar tenants in Abu, Ajmer & Sunel areas— Subject to the provisions contained in the
proviso to sub-section (1) and in sub-section (2)to (5) of section 15 and in section 15-A and further
subject to the provisions of section 16 and clause (d) of sub-section (1) of section 180 every person
who, at the commencement of the Rajasthan Revenue Law (Extension) Act, 1957, is a tenant of land in
the Abu, Ajmer or Sunel area otherwise than as a subtenant or a tenant of Khudkasht, shall be a
khatedar tenant and shall, subject to the provisions of this Act, be entitled to all the rights conferred,
and be subject to all the liabilities imposed, on Khatedar tenants by this Act:
Provided that if any such person shall have, before such commencement, acquired any status or
property in pursuance of a right lawfully conferred on him in excess of the rights conferred, or incurred
in accordance with law a liability in excess of the liability imposed on a Khatedar tenant by this Act, he
shall, notwithstanding anything to the contrary in this Act, continue to hold and enjoy the status or
property so acquired or to be subject to the liability so incurred.
16. Land in which Khatedari rights shall not accrue— Notwithstanding anything in this Act or in any
other law or enactment for the time being in force in any part of the State Khatedari rights shall not
accrue in
(i) pasture land;
(ii) land used for casual or occasional cultivation in the bed of river or tank;
(iii) land covered by water and used for the purpose of growing Singhara or other like produce;
(iv) land under shifting or unstable cultivation;
(v) land comprised in gardens owned and maintained by the State Governments;
(vi) land acquired or held for a public purpose or a work of public utility;
(vii) land which, at the commencement of this Act or at any time thereafter, is set apart for military
encamping grounds;
(viii) land situated within the limits of cantonment;
(ix) land included within railway or canal boundaries;
(x) land within the boundaries of any Government forest;
(xi) municipal trenching grounds;
(xii) land held or acquired by educational institutions for purposes of instruction in agriculture or for
play- ground; and
(xiii) land within the boundaries of a Government agricultural or grass farm;
(xiv) land which has been set apart or is, in the opinion of the Collector, necessary for flow of water
thereon in to any reservoir or tanka for drinking water for a village or for surrounding villages:

Provided that the State Government may, by notification in the Official Gazette declare that any land
which is under shifting or unstable cultivation, shall cease to be a land for such cultivation and
thereupon such land shall be available for the grant of Khatedari rights and the State Government may

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by a like notification, declare that any land which was not at the commencement of this Act under
shifting or unstable cultivation shall at any time after such commencement be under such cultivation
from such date as may be specified in the notification and thereupon such land shall be available for
such cultivation.
16A. Tenants of Khudkasht— Every person to whom at the commencement of this Act or at any time
thereafter, Khudkasht has been or is let out lawfully by an estate holder in any part of the State shall be
the tenant of such Khudkasht:
Provided that, upon the estate holder becoming a Khatedar tenant of his Khudkasht land sunder
section 13, the tenant (4 such Khudkasht shall become a sub-tenant holding under and from such
Khatedar tenni.
17. Ghair Khatedari tenant— Every tenant of land in any part of the State other than a Khatedar
tenant, a tenant of Khudkasht or sub-tenant shall be a Gair Khatedar tenant.
17A. Maliks— Every Zamindar of Biswedar whose estate is vested in the State Government under the
Rajasthan Zamindari and Biswedari Abolition Act, 1959 shall be a Malik within the meaning of section
29 of that Act in respect of any Khudkasht land in his occupation at the date of such vesting.
18. Omitted.

CHAPTER IIIA

Conferment of Rights On certain Sub-tenants and Tenants of Khudkasht on payment of

compensation

19. Conferment of rights on certain tenants of Khudkasht and sub tenants— (1) Every person
who, at the commencement of this Act—
(a) was entered in the annual registers then current as a tenant of Khudkasht or sub-tenant of land
other than grove land, or
(b) was not so entered but was a tenant of Khudkasht or sub-tenant of land other than grove land.

shall as from the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1959, hereafter
in this Chapter referred to as the appointed date, become, subject to the other provisions contained in
this Chapter, the Khatedar tenant of such part of the land held by him as does not exceed the minimum
area prescribed by the State Government for the purpose of clause (a) of sub-section (1) of section 130
or exceeds the maximum area from which such person is liable to ejectment under clause (d) of the
said sub-section of the said section and rights in improvements in that part of the said land shall also
accrue to such person:
Provided that Khatedari rights or rights in improvements shall not so accrue—
(i) if such part of the said land is held from any of the persons enumerated in section 46, or
(ii) if such rights therein may not accrue under the proviso to sub-section (I) of section 15 or under
section 15-A or under section 15-B or under section 16, or
(iii) if such person has, after the commencement of this Act and before the appointed date, ceased
to be such tenant of Khudkasht or sub-tenant by virtue of lawful surrender of abandonment in
accordance with the provisions of this Act or because of his having been ejected in accordance
with those provisions by and under the decree or order of a competent revenue court.
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(1-A) Subject to the exceptions contained in the proviso to sub-section (1), every person referred to in
that sub-section shall, as from the date of commencement of the Rajasthan Tenancy (Amendment) Act,
1961, hereafter in this chapter referred to as the 'appointed day' become, subject to the other provisions
contained in this chapter, the khatedar tenant of that part of land held by him in which he has not
acquired Khatedari rights under sub-section (1) , before the appointed day, no proceeding for his
ejectment under clause (a) or clause (d) sub-section (1) of section 180 shall have been started within
the time limit prescribed by section 182-A or if on that day no such proceeding previously started might
have been pending.
( l-AA)- Every person who on the 31st day of December, 1969, was entered in the annual registers than
current as the tenant of Khudkasht or sub-tenant or was not so entered but was a tenant of Khudkasht
or sub-tenant of land other than grove land shall subject to the exceptions contained in the provisos to
sub-section (1), as from the date of the commencement of the Rajasthan Tenancy (Amendment) Act,
1979, hereinafter in this Chapter referred to as the said date become, subject to the other provisions
contained in this Chapter, the Khatedar tenant of that part of the land held by him in which he has not
acquired Khatedari rights under sub-section (I) or sub-section (1-A), if before the said date, no
proceedings for his ejectment under clause (a) or clause (b) of sub-section (1) of section 180 shall have
been started with the time limit prescribed by section 182-A or if on that date, no such proceedings
previously stated might have been pending:
Provided that no Khatedari rights shall accrue under this sub-section in the land which has been , or is
liable to be declared surplus under any law relating to the imposition of ceiling on agricultural holdings:
Provided further that no Khatedari right shall accrue under this sub-section on the land belonging to
the scheduled caste or scheduled tribe but it shall not be the case if the sub-tenant is the member of
scheduled caste or scheduled tribe:
Provided also that acquisition of Khatedari rights under this sub-section shall be subject to the
provisions of section 17 of the Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973
(Rajasthan Act 11 of 1973)
(2) Every tenant of Khudkasht or subtenant referred to in clause (b) of subsection (1) claiming that the
rights mentioned in that sub-section accrued to him on the appointed date in the whole or any part of
his holding shall within two years of that date and on payment of a court-fee of Fifty naye paise, apply
to the Assistant Collector having jurisdiction, praying for a declaration that such rights accrued to him as
aforesaid, and the provisions of sub-section (5) of section 15 shall apply to such application and such
tenant of Khudkasht or sub-tenant shall not be regarded to have become the Khatedar tenant of his
holding or part, as the case may be, until he has obtained the declaration so prayed for.
(2-A) (i) Every tenant of Khudkasht or sub-tenant claiming that the rights mentioned in sub-section (1-
AA) accrued to him on the said date in the whole or any part of his holding shall within one year of the
date and on payment of a court fee of fifty paisa, apply to the Assistant Collector having jurisdiction,
praying for a declaration that such right accrued to him as aforesaid, and the provisions of subsection
(5). of section 15 shall apply to such application.
(ii) Where no application referred to in clause (i) has been made by the tenant of Khudkasht or the
sub-tenant to whom the rights of Khatedar tenant accrued under sub-section (1—AA), the
Assistant Collector having jurisdiction may on his own motion or otherwise within one year of the

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said date and after making an inquiry in the same manner as is prescribed for an inquiry under
subsection (5) of section 15 and after affording a reasonable opportunity to the parties of being
heard and on being satisfied that Khatedari rights accrued to such tenant of Khudkasht of sub-
tenant under sub-section (1—AA), issue a declaration to that effect.
(ii-a) Where . no declaration has been obtained or issued under clause (i) or clause (ii) in the case
of a tenant of Khudkasht or sub-tenant claiming that the rights mentioned in sub-section ( l—AA)
accrued to him on the holding, the tenant or subtenant, as the case may be, may notwithstanding
the expiry of the time laid down in those clauses, within such time, as may, by notification in the
Official Gazette, be specified from time to time by the State Government and on payment of a
court fee of fifty paise, apply to the Assistant Collector having jurisdiction, praying for a
declaration that such rights accrued to him as aforesaid, and the provisions of sub-section (5) of
section 15 shall apply to such application ; and
(iii) Where no declaration has been obtained or issued under clause (i) or clause (ii) or clause (ii-a)
such tenant of Khudkasht or sub-tenant shall not be regarded to have become the Khatedar
tenant of his holding or part thereof, as the case may be.
(iv) Where and to the extent such declaration as aforesaid is made in favour of the tenant of
Khudkasht or sub-tenant referred to in sub-section (1-AA) , the Assistant Collector having
jurisdiction shall on the application of any person entitled to any benefit by way of restitution,
cause such restitution to be made as will place the person in the position to which he would be
entitled as a result of the aforesaid declaration having been made in his favour excepting any
claim to mesne profits, of any, for the period during which such person remained out
of.possession, or compensation in any form whatsoever; and for this purpose, the Assistant
Collector may make such orders as are just and reasonable and are required in the
circumstances of the case.

(3) in respect of land in which rights accrue to him under sub-section (1) or subsection (I-A) or sub-
section (1-AA) —
(a) every tenant of Khudkasht in relation to the estate-holder who let out such Khudkasht,
(b) and every sub-tenant, in relation to

(i) the State Government, if his tenant-in-chief held the land sub-let by the latter from the State
Government, or

(ii) the estate-holder, if such tenant-in-chief held such land from an estate-holder,

shall, as from date of accrual of Khatedari Rights be entitled to all rights conferred and be subject to all
liabilities imposed, on a Khatedar tenant by this Act.
(4) Every tenant of Khudkasht or subtenant to whom rights accrue under sub section (1) or sub-section
(1-A) or subsection (1-AA) shall be bound to pay to his land holder compensation determined in
accordance with the provisions of this Chapter:
Provided that such tenant or sub-tenant may, three years of the appointed date intimate in writing to
the Assistant Collector having jurisdiction that he does not wish to acquire Khatedari rights on
payments of such compensation, in which case he shall not acquire Khatedari rights or be liable to pay
compensation and he shall continue as tenant of Khudkasht or sub-tenant as heretofore.
20. Submission of claims for compensation— (I) Every person claiming compensation on account of
the accrual of rights in improvements (other than wells and other irrigation works) existing on, and of

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Khatedari right in respect of, the land held from him by his tenant of Khudkasht or sub-tenant shall
submit a detailed statement of his claim for such compensation to the Sub-Divisional Officer in the
prescribed form and in the prescribed manner. Every such claim shall be submitted:—
(i) where such rights have accrued under sub-section- (1) or sub-section (1-A) of section 19 within
four years of appointed day; and
(ii) where such rights have accrued by virtue of a declaration under sub-section (2) Or sub-section
2-A) of that section thin four years of such declaration.

(2) The Sub-Divisional Officer shall, upon receipt of the statement of claim under sub-section (1) :
(a) furnish a copy thereof to the tenant of Khudkasht or sub-tenant concerned, and require him by
notice to submit objections, if any, to the claim within thirty days of the receipt of the notice, and
(b) proceed to determine the amount of compensation payable by him in act accordance with the
provisions of sections 23, 24, 25 and 26.

21. Omitted.
22. Omitted.
23. Compensation for Khatedari Rights — (1) The amount of compensation payable to a landholder
under sub-section (4) section 12 for the accrual of rights under that section in respect of the whole or a
part of the holding of a tenant of Khudkasht or sub-tenant shall be, in the case of un-irrigated lands,
fifteen times and in the case of irrigated lands, twenty times:
(a) the rent rate sanctioned for such holding or part during the last settlement, where rent in respect
thereof has been settled, or
(b) where rent in respect to such holding or part has not been settled, the rent rate sanctioned
during the last settlement for similar land in the neighbourhood.

(2) Subject to the provisions contained in section 25, no compensation shall be payable separately in
respect of a well or other irrigation work existing on or in respect of any irrigational benefit arising or
attached to the land in which rights have accrued as aforesaid.
24. Compensation for Rights in improvements— (1) The Sub-Divisional Officer shall determine the
value of any improvement (other than a well or other irrigation work) made by the land holder or at his
expense in respect of which he claims compensation, having regard to the following matters, namely:–
(a) the cost of the improvement at the time ii was made,
(b) the extent to which such improvement is likely to benefit the land in which khatedari rights have
accrued under sub-section (I) or sub-section (1-A) or sub-section (I-AA) of section 19 during the
period of ten years next following the agricultural year in which such determination is made, and
(c) such other matters as may be prescribed.

(2) Subject to the provisions contained in section 25, the amount of compensation payable to a
landholder under sub-section (4) of section 19 by the tenant of Khudkasht or sub-tenant concerned for
rights in improvements (other than wells or other irrigation works) in or attached to that part of the land
in his possession in which Khatedari rights accrue to him under sub-section (1) or sub-section (I–A) or
sub-section (1–AA) of section 19 shall be forty per cent of the value of such improvements as
determined under subsection (1).

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25. Computation of share of compensation in lieu of Nalbat— (I) Where a well is attached to any
land in which Khatedari rights accrue under section 19 and by any person other than the landholder is
entitled to realise Nalbat in respect of such well, the Sub-Divisional Officer shall determine the share
payable to such person out of the amount of compensation payable to the landholder in respect of such
land under sub-section (I) of section 23.
(2) For the purpose of determining such share, the Sub-Divisional Officer shall calculate the average
value of the right to such nalbat in the following manner, namely:—
(a) Where a Nalbat is being realised in cash, the average value of the right thereto shall be
calculated on the basis of the average of the annual amounts so realised during the five years
immediately preceding the agricultural year in which such calculation is made.
(b) Where it is being realised in the form of a share of the produce, such value shall be calculated
on the basis of the average money value of such share according to the average of the prices of
like produce during the five years immediately preceding the agricultural year in which such
calculation is made.

(3) The amount of compensation payable in respect of the right to Nalbat shall be ten times the average
value of such right as determined under sub-section (2) subject to a maximum of fifty per cent of the
present market value of the well.
(a) Omitted.
(b) Omitted.
(c) Omitted.

(4) The present market value of a well shall be determined by the Sub-Divisional Officer, having regard
to the following matters. namely:-
(i) the time of construction of the well.
(ii) the present stage of repairs of the well.
(iii) the area irrigated by the well in a normal year.
(iv) the average present cost of the construction of such well, and
(v) such other matters as may be prescribed.

(5) The share payable to the person entitled to realise Nalbat out of the compensation determined
under section 2 ;hall in no case exceed fifty percent of 'such compensation.
26. Composition of Compensation— (1) the total compensation payable by a tenant of Khudkasht or
a sub-tenant for the Acquisition of Khatedari rights in land and of right in improvements including well
shall consists of the aggregate of the amounts determined under section 23 and 24.
(2) Any amount payable under section 25 shall be ordered to be paid out of the total amount mentioned
in sub-section (I).
27. Mode of Payment of Compensation- (1) On the determination of the amount of compensation
payable for the acquisition of Khatedari rights in improvements or both in accordance with the foregoing
provisions the Sub-Divisional Officer shall order payment thereof either in a lumpsum or in a suitable
number of annual instalments.
(2) If the Sub-Divisional Officer orders such payment in annual instalments, such instalments shall not
exceed ten in number and shall be fixed with due regard to the following matters, namely:
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(i) the total amount of compensation payable,

(ii) the paying capacity of the liable to pay the sum, and
(iii) such other matters as may be prescribed.

(3) When the amount of compensation or any instalment thereof remains unpaid exceeding three
months from the date of its falling due, it shall be realised by the Sub-Divisional Officer as an arrear of
land revenue and paid to the person entitled to receive payment of the same.
(4) All compensation payable under section 26 shall be deposited in the Tehsil and the Tehsildar shall
pay the same to the person or persons entitled to receive the same.
(5) The total amount of compensation payable in accordance with section 26 shall be a charge upon
the holding and its produce next after the charge for rent and revenue in respect thereof and no tenant
of Khudkasht or sub-tenant who acquire Khatedari rights and rights in improvements under section 19
shall be competent to alienate his holding or any part thereof unless and until the total amount ,of
compensation as aforesaid shall have been paid up in full.
Provided that such tenant or sub-tenant may alienate the whole or any part of his holding in
accordance with the provisions of section 43 primarily for the purpose of the payment of such
compensation, whether or not accompanied with any other purpose.
28. Omitted.
29. Omitted.
30. Special provision for payment of compensation in certain specific case— (1) Where before
the accrual of rights under sub-section (1) or sub-section (1-A) or or sub-section (l-AA) of section 19, a
sub-tenant was holding the land in respect of which the right so accrued to him from a person who
became a Khatedar tenant.
(a) upon the commencement of this Act, under section 15; or
(b) upon the commencement of the Rajasthan Revenue Laws (Extension) Act, 1957( Rajasthan Act
2 of 1958) , under section 15-B; but who had, previous to such commencement, no rights of
transfer over such land the amount of compensation assessed under section 26 shall not be
payable to such person unless he is entitled under sub-section (2).

(2) In the cases contemplated by sub-section (1) —

(a) Compensation for the acquisition of Khatedari rights in the land shall be payable to the person
who immediately before the commencement of this Act had rights of transfer in such land, and
(b) Compensation for the acquisition of rights in improvement attached to such land shall be
payable primarily to the person by whom or at whose expense they were made.

30A. Savings and disposal of pending applications- (1) Nothing in this Chapter shall affect the
decision on and disposal of any application under section 19 made before the appointed date and
every such decision shall be operative as if validly and lawfully given.
(2) All such applications pending at such date shall be consigned to records without any orders.

CHAPTER IIIB

Restrictions on Holding Land in Excess of Ceiling Area

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Repealed vide Notification No. F. 2(i) Vidhi/73 dated 29.03.1973 w.e.f. 01.01.1973 and is replaced by
Rajasthan Imposition of Ceiling Act, 1973 (Rajasthan Act No. 11 of 1973). As this Chapter still governs
the pending cases.

CHAPTER IIIC

Primary Rights of Tenants

31. Rights to residential house— (I) Subject to any rules, that may be made by the State Government
in this behalf, a tenant shall have the right, free of charge to possess in the abadi of the village in which
he holds land a site for a residential house:
Provided that, if he holds land in more than one village, he may choose the village in which he wishes
to enjoy his concession and shall not be entitled to this concession in more than one village:
Provided further that he shall have to make an application to the Tehsildar, if he has no residential
house, for allotment of a suitable site for the purpose.
Explanation—A residential house shall Mei:1de an enclosure or shed for cattle as well as
accommodation for stocking seed fodder and agricultural implements and also land required for the
construction of reservoir or tanka.
(2) Subject as aforesaid and notwithstanding any thing to the contrary contained in sections 95, 96, 97,
98 and 102 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) agricultural worker or
an artisan who may have been permanently residing in the abadi of a village for a ten years or more
shall also have the right, free of charge, to possess in the abadi of that village a site for a residential
house and the provisions contained in the second proviso to subsection (1) shall apply.
Explanation— For the purpose of sub-section (2) —
(a) agricultural worker shall mean a person who is not a tenant but works as a labour on the field
or fields of a tenant lying within the village of his residence; and
(b) "artisan" shall include a blacksmith, a carpenter, a cobbler. a potter and a weaver.

32. Right to written lease and counterparts— (I) Every tenant shall be entitled to receive from his
land holder a written lease consistent with the provisions of this Act in the prescribed Corm and
containing the prescribed particulars.
(2) Upon delivering or tendering to a tenant such a lease as is mentioned in sub-section (1), the land-
holder shall be entitled to receive from the tenant a counterpart thereof.
(3) If a lease or counterpart is not received by the person entitled to receive it under this section, he
may bring a suit for obtaining such lease or counterpart, as the case may be,
33. Attestation of leases in lieu of Registration— (1) Notwithstanding anything contained in the
Indian Registration Act, 1908 (Central Act XVI of 1908) , the parties to a lease may, in lieu of registering
the same, obtain the attestation thereto of such officer or person as the State Government may appoint
in this behalf,
(2) Such officer or person may, after making such inquiry as may be prescribed, attest the instrument of
lease in the prescribed manner:

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Provided that no such instrument shall be accepted for attestation unless presented within four months
of its execution:
Provided further that nothing contain in this sub-section shall apply in respect of leases granted by or
on behalf of the State Government.
(3) An instrument so attested shall be deemed to be registration within the meaning of the Indian
Registration Act, 1908 (Central Act XVI of 1908).
34. Prohibition of premium or Forced Labour— Subject to any other provisions of this Act, no land
holder shall accept a premium for the grant or a lease or make a tenant liable to render any service of
the land-holder whether for wages or otherwise and such condition shall be void, notwithstanding any
law or custom to the contrary:
Provided that nothing in this section shall bar the recovery of the price of land allotted to any person in
accordance with rules made under section 100 or section 101 of the Rajasthan Land Revenue Act,
1956 (Rajasthan Act 15 of 1956) or the recovery of any payment required to be made under rules made
under section 30F of this Act,
35. Prohibition of payment other than rent.— Notwithstanding any custom or contract to the
contrary, no payment by whatever name called or known, shall in addition to the rent of the holding, or
any other charge imposed by law or approved by the- State Government, be levied on or recovered
from a tenant.
36. Use of materials— Notwithstanding anything contained in this Act or any other law for the time
being in force, ki tenant shall have the right to remove and utilise for any work in connection with his
holding or residential house, stones or other materials lying on, or under the surface of his holding or
obtained by digging during the course of making an improvement:
Provided that the exercise of this right by tenants may be re:Dilated by rules ma by the State
Government in this behalf.
36A. Acquisition of right to Nalbat-(1) If any person has. since before the commencement of this Act
or in the Abu Ajmer and Stine' areas since before the commencement of the Rajasthan Revenue Laws
.(Extension) Act. 1957 (Rajasthan Act 2 of 1958) been Khatedar tenant of. or upon such
commencement acquires under section 15 or section 15-B Khatedari rights in land with a well is
attached thereto and the right to realise Nalbat in respect of such well is vested in some person other
than the landholder. such first mentioned person may apply to the Sub-Divisional Officer in the
presCribed from and prescribed manner for the acquisition of such right within one year from the date
of the commencement of the Rajasthan Tenancy (Amendment) Act. 1959:
Provided that the Sub-Divisional Officer may entertain an application made under this section after the
expiry of the period of one year if he is satisfied that the applicant had sufficient cause for not making
the application within the said period.
(2) On receipt of application under sub-section (I) the Sub-Divisional Officer shall issue a notice to the
person in whom the right to realise Nalbat so vests informing him that if he desires to contest the
application he must submit his objections in writing within thirty days of the receipt of the notice.
(3) Whether or not the application is contested. such person shall submit to the Sub-Divisional Officer a
detailed statement in the prescribed form and in the prescribed manner of his claim for compensation

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on account of the acquisition of such right to Nalbat.

(4) If the landholder contests the application the Sub-Divisional Officer after holding such inquiry as he
thinks fit: reject the application or grant the same subject to the provisions contained in sub-section (5).
(5) If the Sub-Divisional Officer grants an application, he shall determine the amount of compensation
payable for such acquisition in accordance with the provisions of section 25, and the provisions of
sections 27 and 30 shall apply to and govern the payment of such compensation.
(6) Nothing in this section shall affect the decision on and disposal of any application under section 29
made before the commencement of the Rajasthan Tenancy (Amendment) Act, 1959 and every such
decision shall be operative as if validly and lawfully given.
(7) All such application pending at such commencement shall be -deemed to have been presented
under this section and shall be proceeded with accordingly.
37. Bar to seizure, attachment and sale by process of Court-- The rights of a tenant in a holding
shall not be liable to seizure, attachment or sale by process of any civil court.

CHAPTER IV

Devolution, Transfer, Exchange and Division

General
38. Interest of tenants— Save as Provided in this Act, the interest of a tenant in his holding is heritable
but not transferable.
Devolution of Tenancies
39. Bequest.— A Khatedar tenant may by will bequeath his interest in the holding of part thereof in
accordance with the personal law to which he is subject.
40. Succession to tenants— When a tenant dies intestate, his interest in his holding shall devolve in
accordance with the personal law to which he was subject at the time of his death.
Transfer of Tenancies
41. Transferability of Khatedar's interest— The interest of a Khatedar tenant shall be transferable
otherwise than by way of sub-lease, subject to the conditions specified in sections 42 and 43.
42. General restrictions on sale, gift and bequest— The sale, gift or bequest by a Khatedar tenants
of his interest in the whole or part of his holding shall be void, if —
(a) Omitted.
(b) such sale, gift or bequest is by a number of Scheduled Caste in favour of a person who is not a
member of the Scheduled Caste, or by a member of a Scheduled Tribe in favour of a person who
in not a member of the Scheduled Tribe.
[(bb) such sale, gift or bequest, notwithstanding anything contained in clause (b), is by a member of
Saharia Scheduled Tribe in favour of a person who is not a member of the said Saharia tribe.]
(c) Omitted.
42A. Omitted.
42B. Declaration as valid of sale, gift and bequest— Where any sale, gift or holding before the
commencement of the Rajasthan Tenancy (Second Amendment) Act, 1992 Act No. 22 of 1992 was

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void on account of contravention of any of the provisions of clause (a) of section 42, as it stood before
the said amendment Act of 1992, such sale, gift or bequest may be declared to be valid by the
Collector or any officer or authority empowered by the State Government in this behalf on an
application made to him or it within such time and in such manner and on payment of such fee and
penalty as may be prescribed:
Provided that-
(a) - such sale, sift or bequest was otherwise legally valid and in conformity with the provisions of
the laws for the time being in force except those contained in clause (a) of section 42 as
aforesaid:
(b) the parties to the sale, or bequest comply with all the terms and conditiOns as may be
prescribed by the rules or by any special or general order:
(c) the payment is -made of such premium or penalty as may be prescribed:
(d) the applicant undertakes to pay urban assessment levied at such rate and in accordance with
such manner as may be prescribed.
43. Mortgage— (1) A Khatedar tenant, or with the general or special permission of the State
GoVernment or any officer authorised by it in this behalf a Gair Khatedar tenant may hypothecate or
mortgage his interest in the whole or part of his holding for the purpose of obtaining-loan from the State
Government or Land Development Bank as defined in the Rajasthan Co-operative Societies Act. 1965
(Act 13 of 1965) or a Co-operative Society registered or deemed to be registered as such under the
said Act or any Scheduled Bank or any other institution notified by the State Government in that behalf.
(2) A Khatedar tenant may transfer his interest in the whole or part of his holding in the form of
usufructuary mortgage to any person but such mortgage must provide that the mortgage amount shall
be deemed to be. paid off by the usufruct of the property within a specified time not exceeding five
years. and in the absence of such period being specified such mortgage shall be deemed to be for five
years :
Provided that on or after the publication of the Rajasthan Tenancy (Pnenchrent) Act. 1970 in the official
Gazette no Kharedar tenant being a member of a scheduled caste or schedule tribe shall so transfer
his rights in the whole or a part of his holding to any person who is not a member of a scheduled caste
or a scheduled tribe.
(3) A usufructuary mortgage under sub-section (2) shall. upon the expiry of the period mentioned herein
before be deemed to have been satisfied in full without any payment whatsoever by the mortgagor. and
the mortgage debt shall be deemed to have been extinguished and the mortgaged land redeemed and
the possession thereof shall be delivered by the mortgagee to the mortga2or free from,all
encumbrances.
(4) A usufructuary mortgage of any land -made before the commencement of this Act shall. upon the
expiry of the period mentioned in the mortgage-deed or twenty years- from the date of execution
thereof. whichever period is less. be deemed to have been satisfied in full without any payment
whatsoever by the mortgagor and the mortgage debt shall accordingly be deemed to have been
extinguished and thereupon the mortgaged land shall be redeemed and possession thereof shall be
delivered to the mortgagor free from all encumbrances.

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(4-A) A usufructuary mortgage of any land made after the commencement of this Act and subsisting on
the date of the commencement of the Rajasthan Tenancy (Amendment) Ordinance. 1975 shall upon
the expiry of the period mentioned in the mortgage deed or live years from the date of execution
thereof, whichever period expires first. be deemed to have been satisfied in full without any payment
whatsoever by the mortgagor and mortgage debt shall accordingly be deemed to have been
extinguished and thereupon the mortgaged land shall be redeemed and possession thereof shall be
delivered to the mortgagor free from all encumbrances.
(4-B) Where a usufructuary mortgage has once been made for any term under Subsection (2) or under
Sub-section (4) , no further usufructuary mortgage of the same land shall be made within two years of
the expiry of the first mentioned mortgage.
(4-C) Where a usufructuary mortgage stands redeemed under sub-section (4-A) from a date earlier
than the date of commencement of the Rajasthan Tenancy (Amendment) Ordinance, 1975, such
redemption shall not be deemed to have been rendered the mortgagee liable to pay to the mortgagor
any penalty or mesne profits or both for the period from the date such redemption and the date of such
commencement.
(4-D) On the redemption of the mortgage under sub-section (2) or sub-section (4-A) the mortgagee
shall deliver to the mortgagor all documents in his possession or power relating to the mortgaged
property and shall re-transfer the property to the mortgagor and put him in possession thereof at his
cost free from the mortgage and from all encumbrances created by him and those claiming under him
within three months from the date of redemption of the mortgage:
Provided that in cases where the usufructuary mortgage has been redeemed under sub-section (4-A)
from a date earlier than the date of the commencement of the Rajasthan Tenancy (Amendment)
Ordinance, 1975, the delivery of documents, re-transfer and delivery of the possession of the property
as aforesaid, unless already made, be effected within three months from the date of the
commencement of the Rajasthan Tenancy Amendment) Act, 1976.
(4-E) Any mortgagee who, without sufficient cause, fails to put the mortgagor :a possession of the
property within a period of three months as specified in subsection (4-D) shall on conviction, be
punishable with imprisonment for a term which may extend to one year or with fine which may extend to
Rs. 1000/- or both. The offence shall be cognizable and bailable and may be compounded by the
mortgagor.
(5) Without prejudice to the provisions contained in sub-section (4-E), if the mortgages does not so re-
deliver the possession of the land mortgaged, he shall liable to ejectment in accordance with Section
183-A.
43A. Provisions in relation to mortgages of agricultural holding effected before the
commencement of the Act— (I) Notwithstanding anything contained in section 43, a mortgage other
than a usufructuary mortgage of a tenant's holding effected before the commencement of this Act and
the rights and liabilities of the parties too such a mortgage shall, notwithstanding anything contained in
this Act, continue to be governed by the terms thereof and by the law in such relation thereto prevailing
before such commencement.
(2) Any such right or liability may be enforced by means of a suit instituted by the person aggrieved in
the court of the Assistant Collector having jurisdiction within the time, if any, fixed and on payment of
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the court fee prescribed, therefore by such law.

44. Rights to let or sub-let— A holder of Khudkasht may let and a tenant may sublet the whole or any
part of his holding subject to such restrictions as are imposed by this Act :
Provided that no such sub-letting shall n any way relieve the tenant of any of his liabilities to his
landholder.
45. Restrictions on letting and subletting.— (1) No holder of Khudkasht shall let and no Khatedar
tenant or his mortgagee shall sub-let the whole or any part of his holding at any one time for a term
exceeding five years :
[Provided that for the purpose of agricultural operations in connection with such agro-processing and
agri-business enterprises as may be approved in the prescribed manner by the State Government or
any authority appointed by it [or for the purpose of plantation of Prosopis Juliflora or any other like
plantation to be used for generation of electricity] a holder of Khudkasht or a land owner may let or a
Khatedar tenant may sub-let whole or any part of his holding for a term of fifteen years and may extend
such. lease or sub-lease for a further period of fifteen years].
[Provided further that for the purpose prescribed by the State Government under sub-section (5A) of
section 90-A of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956), a holder of Kudhkast or a
land owner may let or a Khatedar tenant may sub-let whole or any part of his holding for a term upto
thirty years and may extent such lease or sub-lease for a further period of ten years.]
(2) Where a lease or sub-lease has once been Etranted [or extended] for any term under sub-section
(1) no further lease or sub-lease. as the case may be. in respect of the same land shall be granted
within two years of the expiry of the first mentioned lease or sub-lease.
(3) No Gair Khatedar tenant shall sub-let the whole or any part of his holding for a term exceeding one
year.
(4) No sub-tenant or tenant of Khudkasht shall sub-let the whole or any part of his except in
circumstances mentioned in Section 46.
46. Letting or sub-letting in exceptional cases— (1) The restrictions imposed by Section 45 on
letting by a holder of Khudkasht and on sub-letting by a tenant. shall not apply to–
(a) a minor. or
(b) a lunatic. or
(c) an idiot. or
(d) a woman who is unmarried or divorced or separated from her husband. or is a widow. or
(e) a person incapable disability of cultivating his holding by reason of blindness or other physical
disability or infirmity. or
(f) a person who is a member of :he' armed force of the Union. or
(g) a person who is suffering detention or confinement in prison; or
(h) a person not exceeding twenty-five years of age. who is a student prosecuting, his studies in a
recognised institution:

Provided that where a holding is held jointly by more person than one the provisions of this section
shall not apply unless all such persons are of one or more of the descriptions specified therein.

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(2) A lease or sub-lease which would be invalid but for the provisions of subsection (1) shall not remain
in force for more than two years after the lessor dies or cease- to come within any 'of the description
specified therein.
46A. Special provision for letting or sub-letting by members of scheduled castes and scheduled
tribes— Not with standing anything contained in sections 44, 45 and 46, no person who is a member of
a scheduled caste or a scheduled tribe shall let or sub-let the whole or any part of his holding under the
said sections to any person who is not a member of a scheduled caste or a scheduled tribe.
47. Successor bound by sub-lease— The successor-in-interest of a tenant who has sub-let shall be
bound by the terms of the sub-lease in so far as they are not inconsistent with the provisions of this Act.
47A. Provision in relation to certain transfers in the Abu, Ajmer and Sunel areas— W Nothing
contained in the foregoing provisions of this Act relating to transfers of agricultural tenancies shall apply
to the sale. mortgage. lease. sublease or other transfer of kind on a tenant's holding in the Abu. Ajmer
or Sunel area lawfully effected before the commencement of the Rajasthan Revenue Laws (Extension)
Act. 1957 and the rights and liabilities of the parties to every such transfer shall, notwithstanding
anything contained in this Act continue to be governed by the terms of such transfer and by the law in
relation there to prevailing immediately before such commencement. (2) The provisions of sub-section
(2) of section 43-A shall mutatis-mutandis apply in respect of the enforcement of every such right or
liability.
Exchange of Tenancies
48. Exchange of land— (1) Tenants of the same class may exchange land which they hold from the
same landholder with the written consent of such landholder or which they hold from different
landholders with written consent of all such land holders.
(2) A landholder may in agreement with a tenant given such tenant land other than land which is let, in
exchange for land which is included in such tenant's holding.
49. Exchange for consolidation— (1) A Khatedar tenant who wishes to consolidate the area which he
cultivates may supply to the Assistant Collector to exchange any portion of the land which he cultivates
for land cultivated by another Khatedar tenant.
(2) If on receipt of an application under sub-section (1), the Assistant Collector is satisfied after making
enquiry in the prescribed manner that reasonable grounds exist, he may grant such application either in
whole or in part and allot to the other tenant land cultivated by the applicant which is approximately
equal in value to and is of same quality as the land received by the applicant.
49A. Special provision for exchange by members of scheduled castes or scheduled tribes—
Notwithstanding anything contained in section 48 and 49, no tenant who is a member of a scheduled
caste or scheduled tribe shall have the right to exchange his holding under any of those sections for
land which is included in the holding of a person who is not a Member of a scheduled caste or
scheduled tribe and an application under section 49 shall be rejected if it contravenes the provisions of
this section.
50. Right of tenants on exchange— On exchange of land under section 48 or section 49, a tenant
shall have the same right in the land received in exchange as he had in the land given in exchange.

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51. Right in lands allotted in exchange for other lands— Notwithstanding anything contained in any
law for the time being in force if the land allotted in exchange for other land in burdened with any lease,
-mortgage or other encumbrance, such lease mortgage or other encumbrance shall be transferred and
shall attach to such other land to, or to such part of such other land as may be specified by the
Assistant Collector and thereupon, the lessee, mortgagee or other encumbrances shall cease to have
any right in or against the land from which the lease, mortgage or other encumbrance was transferred:
Provided that no order shall be passed under this section without giving to the persons concerned a
reasonable opportunity of being heard.
52. Entry of exchange in record of rights— On exchange of land under section 48 or section 49, the
appropriate entry relating thereto shall be made in the record of rights.
Division of tenancies
53. Division of Holding— (1) Omitted.
(2) A division of a holding shall be effected in the following manner-
(i) by agreement between the co-tenants in respect of—
(a) such division of the holding; and

(b) the distribution of rent over the several portions in to which the holding is so divided; or
(ii) by the decree or order of competent court passed in a suit by one or more of the co-tenants for
the purpose of dividing the holding and distributing the rent hereof over the several portions into
which it is divided.
(3) Omitted.
(4) To every suit for the division of one or More than one holding all the co-tenants and the landholder
shall be made parties.
(5) A suit for the division of more than, one holding may be instituted provided hat the parties are the
same.
54. Omitted.
54A. Omitted.

CHAPTER V

Surrender, Abandonment & Extinction Surrender of Tenancies

55. Surrender— A tenant. other than a tenant bound by a lease or other agreement to continue to
occupy his holding in the following year may on or before he 1st May surrender his holding by giving up
possession, there - of accompanied with a writing arrested by the Tehsildar having jurisdiction or by the
Chairman of a Municipal Board whether such holding is or is not sub-let or mortgaged.
56. Notice to landholder— (1) Previously to any surrender under section 55. the tenant so
surrendering shall send to his landholder a registered notice of his intention to do so. at least thirty days
before the 1st May of any year and unless such notice is sent. the tenant shall be liable to the
landholder for the rent of the holding for the agricultural year next following the date of the surrender:
Provided that the tenant shall not be so liable in respect of any period during which the holding is let to
another tenant or is taken by the landholder into his own use or cultivation,

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(2)Nothing in this section shall affect any arrangement by which a tenant and his landholder may agree.
to the surrender of the whole or a portion of a holding :
Provided that such agreement is attested in the manner laid down in section 55.
57. Surrender on enhancement— Notwithstanding anything contained in sections 55 and 56. when a
decree or order for the enhancement of the rent of any holding is passed. the tenant thereof may after
sending the landholder. within thirty days of the date of such decree or order. a registered notice of his
desire to surrender such holding at the date on which such enhancement takes effect surrender such
holding accordingly. and in every such case the tenant shall not be liable for the rent payable for such
holding in respect of any subsequent to such surrender.
58. Suit to set aside surrender— (1) A landholder to whom a notice has been sent under section 56
or section 57. may institute a suit to have such notice declared invalid.
(2) If no such suit is instituted. the landholder shall be deemed to have accepted surrender.
59. Taking possession of surrendered holding— A landholder may enter upon and take possession
- of holding surrendered in accordance with the provisions of this Act.
Abandonment of Tenancies
60. Abandonment— (1) Subject to the provisions of sub-sections (2) and (3) a tenant who ceases to
cultivate and leaves the neighbourhood shall not lose his interest in his holding if he leaves in charge
thereof a person responsible for payment of rent as it falls due and gives written notice to the
landholder of such arrangement.
(2) If the person so left in-charge is a person-
(i) on whom, in the event of the tenant's death, the tenant's interest would devolve, or
(ii) who is to manage the holding for the benefit of the person on whom, in the event of the tenant's
death, the tenant's interest would devolve, the tenant shall on expiry of a period of seven years
lose his interest in his holding unless he, within such period, resumes cultivation thereof, and
such interest shall devolve on the person on whom the tenant's interest would devolve in the
event of his death.

(3) If the person so left in-charge is not person mentioned in sub-section (2) the tenant shall on the
expiry of the period for which he could have sub-let, be presumed to have abandoned his holding
unless within such period he resumes cultivation thereof.
(4) A tenant who ceases to cultivate and leaves the neighbourhood otherwise than in accordance with
the provisions of sub-section (1) , shall be presumed to have abandoned his holding.
61. Procedure before taking possession of a holding treated as abandoned— (1) Where tenant is
presumed to have abandoned his holding, the Tehsildar shall, on his own motion or on the application
of the landholder, as the case may be, cause a proclamation to be issued and served or published in
the prescribed manner, stating that the holding of such tenant is intended to be treated as abandoned
and entered upon and taken possession of accordingly unless reasonable cause to the contrary effect
is shown.
(2) The Tehsildar or landholder, as the case may be, may enter upon and take possession of the
holding if in response to the proclamation—

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(i) no appearance is made or no reasonable cause to the contrary effect is shown either by the
tenant who is presumed to have abandoned the holding or by any person on behalf of such
tenant or on his own behalf, within a period of sixty days from the date of the service or
publication of the proclamation, or
(ii) an objection to such entry and possession is lodged within the period aforesaid and is rejected.
(3) If any holding is entered upon and taken possession of in contravention of the provision of this
section, the tenant thereof shall be deemed within the meaning of section 186 to have been ejected
therefrom otherwise than by process of law or in contravention of the provisions of this Act.
(4) Where any holding is entered upon and taken possession of under sub-section (2) , it may, subject
to the provisions of section 62, be let to another tenant or cultivated personally by the landholder.
62. Rights of tenants presumed to have abandoned their holding— (I) Nothing contained in section
60 and 61 shall affect the right of a tenant ceasing to cultivate and leaving the neighbourhood on
account of some widespread calamity such as drought, famine epidemic or the like or for some other
reasonable cause to regain possession of his holdings in the manner, within the period and subject to
the conditions specified in sub-section (2).
(2) Any such tenant may, within one year from the date of the service or publication of the proclamation
issued under subsection (1) of section 61 apply in the prescribed manner to the Tehsildar for his re-
instatement and the restoration of his holding, and if he satisfies the Tehsildar of his having left the
neighbourhood on any such account or for any such reason as is specified in sub-section (1),
possession over the holding entered upon and take possession of under sub-section section 61 shall
be restored to him as if he had not so abandoned it subject to payment by him of all arrears of rent due
from him on account of such holding till the date of such restoration including the period of
abandonment:
Provided that if the holding or any part thereof shall have under sub-section (4) section 61 :
(i) been let to another tenant. the amount of rent due from such other tenant shall be deductible
from the amount of such arrears. or
(ii) been cultivated personally by the landholder. no rent shall be payable for the period of such
cultivation.
63. Tenancy when extinguished— (1) The interest of tenant in his holding or a part thereof. as the
case may be. shall be extinguished
(i) When he dies leaving no heir entitled to merit in accordance with the provisions of this Act:
(ii) when he surrenders or abandons it in accordance with the provisions of this Act:
(iii) when his land has been acquired under the Land Acquisition Act. 1894 (Central Act No. I of
1894)
(iv) when he has been deprived of possession and his right to recover possession is barred by
limitation:
(v) when he has been ejected therefrom in accordance with the provisions of this Act.
(vi) when he acquires or succeeds to all the rights therein of a landholder or the landholder inherits
or otherwise acquires the same.
(vii) when he sells or makes a gift thereof in accordance with the provisions of this Act. or

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(viii) if he migrates from India to a foreign -country without obtaining a valid passport or without
lawful authority:
(ix) if the allotment of land is cancelled or the land is ordered to be resumed under the provisions of
they Rajasthan Land Revenue-Act. 1956 (Rajasthan Act No. 15 of 1956) or rules framed
thereunder or under any other law for the time being in force.
Explanation-For the purpose of clause (viii) a tenant who moves or enters into a foreign country
without obtaining a valid passport under the India Passport Act. 1920 (Central Act No. 34 of 1920) or
without a lawful authority shall be presumed to have migrated from India to a foreign country.
(2) The extinction of the interest of a tenant shall operate to extinguish the interest of any sub-tenant
holding under him :
Provided that in every case not being a case specified in clause (iii) of sub-section (1). such -sub-
section shall unless he himself has also been ejected or has become or is liable to ejectment under any
provision of this Act or any other law for the time being in force or unless he shall ha\ e been admitted
to his holding otherwise than in accordance with law. have the right to apply for the acquisition of his
right of his tenant-in-chief in such holding and in the improvements therein on payment of
compensation determinable in accordance-with sections 23. 24 and 25.
64. Vacation on extinction— Except as otherwise provided in this Act. when the interest of a tenant or
sub-tenant is extinguished. he shall vacate his holding. but shall have. in respect of the removal of an>
crops. the same right as he would have upon ejectment in accordance with the provisions of this Act.

CHAPTER VI

Improvements

65. Right of Government to make improvements— The State Government or a landowner may
make any improvement on or affecting, any land through out the State.
66. Right of Khatedar Tenants to make improvements— (1) A Khatedar tenant may make any
improvement in his holding:
Provided that the State Government may, from time to time:–
(a) restrict, in the public interest, the making of any such improvement as is referred to in sub-
clause (a) of clause (19) of section 5 in the areas to be notified for the purpose, and,
(b) make rules to regulate the making of any such improvement in areas not covered by any such
notification.

(2) Notwithstanding anything contained in sub-section (1), no sanction shall be necessary for the
construction of temporary structures.
(3) Any improvement made in a holding shall form part of the holding.
67. Right of landholders to make improvements— A landholder other than the State Government
may, with the sanction of the Tehsildar, applied for and accorded in the prescribed manner make an
improvement on or affecting the holding of any of his tenants ;
Provided that no such sanction shall be required if the tenant of such holding is a Gair Khatedar tenant
or a tenant of Khudkasht or a sub-tenant or if the improvement which such landholder desires to makes
is a well.
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Provided further that all or any the improvements referred to in sub-clause (a) of clause (a) of clause
(19) of section 5 shall not extend over such area, not exceeding one-fiftieth of the total area of the
holding, as may be prescribed and sh:111 not be sanctioned otherwise than in prescribed
circumstances.
68. When permission may be granted or refused by Tehsildar— The Tehsildar to whom an
application is made under the provisions of section 67 may, after hearing the parties and making such
further enquiry as he thinks fit, grant permission to make the improvement subject to such restrictions, if
any, as he may deem reasonable, or may refuse permission:
Provided that the Tehsildar shall not grant permission for a work which,
(i) is not an improvement as defined in this Act,
(ii) too costly for the purpose for which it is intended,
(iii) is not an improvement which the applicant is entitled to make, or
(iv)requires written consent under section unless such consent has been previously obtained.
69. Provision when both landholder and tenant want to make the same improvement— (1) If both
a Khatedar tenant and his landholder, not being the State Government, want to make the same
improvement which they are entitled to make under this Act, the Tehsildar shall on application allow the
tenant, execute the work within a specified period and may on reasonable cause being shown extend
such period from time to time :
Provided that the total period of such extension shall not exceed one year.
(2) If the tenant fails to execute the work within such period or extended period the landholder shall
have the right to make such improvement.
70. Right of other tenants to make improvements— Subject to the restrictions imposed by the 1st
and 2nd proviso to sub-section (1) of section 66, a Gair Khatedar tenant or a tenant of Khudkasht. Or a
sub-tenant may make any improvement. but he shall not be entitled to any compensation on ejectment
unless for making such improvements he has obtained the previous order of the Tehsildar. or the
written permission of the holder of Khudkasht or the Khatedar tenant as the case may be.
71. Restriction on making an improvement— Nothing in this Chapter shall entitled or be deemed to
entitle to a tenant or a landholder. not being the State Government or a landowner.
(a) to make any improvement on. or
(b) to make any improvement detrimental to any land which is not included in the holding to be
benefited to such improvement unless such tenant or landholder has obtained the written
consent of the landholder. or as the case may be. of the State Government and also of the
tenant. of any such land.
72. Liability for full rent— A tenant making an improvement shall. in it absence of a written agreement
to the contrary. continue to be liable to pay the full rent of the holding:
Provided that where such rent is payable in kind and the Sub-Divisional Officer is satisfied that an
improvement made by a tenant of Khudkasht or a subtenant under section 70 has resulted in an
increase of agricultural produce the Sub-Divisional Officer shall. on appliCation by the tenant: compute
the rent into cash in accordance with the provisions of Sections 118 and 119.

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73. Compensation for loss— (1) As landholder making under section 67 an improvement on or
affecting the holding of any tenant shall be liable to compensate tenant for any loss which he may
cause to the tenant. while making it.
(2) If the effect of an improvement made by such landholder is to impair the productive powers of any
land held by any tenant from such landholder. such tenant shall. in addition to compensation which may
be awarded to him under sub-section (1) be entitled to such abatement of his rent as the court
considers just.
74. Compensation for improvement— A tenant who has made an improvement under the provisions
of this Act shall' by entitled to compensation in the following cases. namely-
(i) when a decree or order for his ejectment is passed. or
(ii) when he has been wrongful dispossessed and has not recovered possession of his holding. or
(iii) when he vacates the holding on the expiry of the term of his lease if the improvement was made
under the provision of section 70 :

Provided that—
(a) except in the case of a dwelling house erected on the holding by the tenant for his own
occupation or a short-hOuse or any other construction for agricultural purposes erected or set up
by him on his holding. compensation shall not be payable for any improvement made thirty years
or more before the date of the decree or for such ejectment or such dispossession or vacation.
(b) a tenant ejected in execution of a (13), decree or order for ejectment or in pursuance of a notice
of ejectment shall not be entitled to compensation for any improvement begun by him after the
date of such decree or order or notice. and-
(c) compensation shall not be possible for any improvement which in the opinion of the Assistant
Collector has ceased to be useful on the date on which the tenant becomes entitled to
compensation therefor.
75. Amount of compensation— (1) In determining the amount of compensation due under any
provision of this Act for or on account of an improvement, regard shall be had —
(i) to the amount by which the value or the produce of the holding is increased or decreased by or
on account of such improvement;
(ii) to the condition of such work and the probable duration of its effects;
(iii) to the labour and capital employed for the making of such work allowing for —

(a) any reduction or remission of rent or any other advantage to the tenant in consideration of
the work,

(b) any assistance given to the tenant by the landholder in money, material or labour, and

(c) in the case of reclamation or the conversion of un-irrigated to irrigated land, the length of
time during which the party claiming compensation has had the benefit of the improvement;
and
(iv) to such other matters as may be prescribed.

(2) When an improvement made by a tenant benefits —

(a) the land from which he has been ejected or wrongfully dispossessed, and

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(b) other lands in his possession. compensation shall be determined with reference to the extent to
which the land mentioned in clause (a) has been benefited by such improvement.

76. Work benefiting other lands— (1) If a tenant has made an improvement on land which is sold in
execution of a decree for arrears of rent, or from which he is ejected, the purchaser or the landholder,
as the case may be, shall become the owner of the work but the tenant shall be entitled to the benefit of
the work in respect of the land remaining in his possession to the extent and in the same manner as it
was hitherto been benefited hereby.
(2) If a tenant has made an improvement on land which remains in his possession after a portion of his
land has been sold in execution of a decree for arrears of rent, or after he has been ejected from a
portion of his land, the purchaser, or the landholder, as the case may be, shall be entitled to the benefit
of such work in respect of the land which does not remain in the possession of the tenant to The same
extent and in the same extent in the same manner as it has hitherto been benefited thereby.
(3) If a landholder has executed a work which benefits the holding of a tenant and the whole or any
portion of such holding is sold in execution of a decree for arrears of rent, the purchaser shall be
entitled to the benefit of such work in respect of the land sold to the same extent and in the same
manner as such land has hitherto been benefited thereby.
77. Registration of outlay or improvement— (I) If a landholder other than the State Government or a
tenant desires that the amount expended on any improvement should be determined, the Tehsildar on
application made to him for the purpose and after affording reasonable opportunity to 111e other party
of being heard and after making such enquiries as he thinks fit, determine the amount of the outlay and
enter it in a register kept in the prescribed form.
(2) The entry in the register shall be conclusive proof of the amount of outlay in any subsequent
proceedings between the parties to the application or their successors in interest in respect.of the cost
of the work.
78. Disputes as regards improvements — If a question arises as to-
(a) the right to make an improvement, or
(b) whether a particular work is an improvement, or
(c) whether a work contravenes the provisions of section 71, or
(d) the amount of compensation under sub-section (1) or of abatement of rent under sub-section (2)
of section 73. or
(e) whether compensation is payable for any improvement, or
(f) the amount of such compensation .or
(g) the right to the benefit of an improvement under section 73.

the Assistant Collectors shall. on. application or otherwise. decide the question.

CHAPTER VII

Trees

79. Tenant's rights to plant trees— (1) A tenant may plant trees on his holding provided that such
trees do not diminish the productive value of the land and such tenant continues to pay the full rent a

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the holding.
(2) If a tenant plants or proposes to plant trees in such a way as to diminish the value of land not
included in his holding. any -person whose interest is adversely effected- thereby may apply to the
Tehsildar for any order prohibiting the planting of trees on such land Or directing the tenant to remove
trees already planted thereon and the Tehsildar may after giving to the persons. affected reasonable
opportunity of being heard and after making such as he thinks fit. either grant the application. subject to
such modifications. if any as he thinks fit or reject it.
79A. Tenant's right to plant trees on Government land along side public roads— A tenant may
plant trees on Government land (whether agricultural or otherwise) alongside a public road adjoining
his holding subject to such special or general conditions as may be prescribed from time to time by the
State Government and such trees shall be the property of such tenant.
80. Tenant's right in trees existing at the commencement of this Act— Notwithstanding anything in
this Act or any custom or contract to the contrary. scattered- trees standing on the holding of a
Khatedar tenant at the commencement of this Act shall vest in such tenant:
Provided that where such trees are the property of any other person at the commencement of this Act.
Such person shall be given compensation by the tenant in accordance with rules prescribed in that
behalf.
81. Trees on unoccupied land (1) — A person who at the commencement of this Act. in lawful
possession of any tree standing on unoccupied land. shall continue to remain in possession thereof
and where land is let out to any other person. the tree shall vest in such other person - subject to the
payment of such compensation as may be prescribed by rules made under section 80.
(2) Subject to the provision contained in sub-section (1), any tree standing on unoccupied land or
planted in contravention of the provisions of this Act shall be deemed to the property of the landholder.
82. Trees not transferable independently of land— Subject to the other provisions of this Act. all
trees standing on any holding shall be deemed to be attached to the land and to interest therein shall
after the commencement of this Act. he transferable independently of the land have and except by way
of lease of the produce of such trees for a period not exceeding one year at a time.
83. Trees not removable except as provided— Notwithstanding anything to the contrary in any law.
custom or-contract. no trees standing on occupied or unoccupied land shall be removable therefrom
except as provided in section 84.
84. When and by whom trees may be removed-
(1) Omitted.
(2) A Khatedar tenant holding land below the ceiling area may remove trees standing on his holding for
any purpose;
Provided that no such tenant-shall remove trees for purpose other than his bonafide or agricultural use
except with the permission of such authority and subject to such terms and conditions as may be
prescribed by the State Government.
(3) A Gair Khatedar tenant may, with the previous permission of the Tehsildar, remove any trees
standing on his holding for his own domestic or agricultural use.

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(4) A sub-tenant may, with the previous permission of the person from whom he holds, remove any
trees standing on his holding for his own domestic or agricultural use.
(5) A Khatedar tenant holding land in excess of the ceiling area desiring to remove any trees which vest
in him or are in his possession may do so under a licence to be granted by the Sub-Divisional Officer.
(6) Upon receipt of an application under sub-section (5), the Sub-Divisional Officer may after making
such inquiry as may be necessary in the prescribed manner and taking in to consideration the
prescribed matter, grant the requisite licence in the prescribed form on payment of the prescribed fee
subject to such terms, restrictions, as may be prescribed.
(7) Nothing in this section shall apply to the State Government or affect the right or power of the State
Government to remove or cause to be removed or order the removal of any tree standing on any land
entered in the name of the State in Revenue Records for any purpose.
85. Disputes regarding trees— If a dispute arises —
(a) as to the right to plant any tree, or
(b) as to the manner of planting it, or
(c) as to its ownership, or
(d) as to the right to remove it, such dispute shall' on application or otherwise be decided by the
Tehsildar.
86. Penalties for unlawful removal— Whoever contravenes all or any of the provisions of section 83
or section 84 or any of the terms, conditions or restrictions of a licence granted thereunder shall be
punishable by an Assistant Collector on an application or a report made to him.
(a) in the case of a first contravention:

(i) where a tree has been removed, with fine which may extend to one hundred rupees for
each tree that has been removed; and

(ii) in other case, with fine which may extend to one hundred rupees; and
(b) in the case of a second or subsequent contravention, with fine which may extend to double the
amount of fine that can be imposed under clause (a), and any tree or timber thereof in respect of
which such contravention shall have been committed may be forfeited to the State Government.

87. Omited.

CHAPTER VIII

Declaratory Suits

88. Suits for declaration of right— (1) Any person claiming to be a tenant or a co-tenant may sue for
a declaration that he is a tenant or for a declaration of his share in such joint tenancy.
(2) A tenant of Khudkasht may sue for a declaration that he is such a tenant.
(3) A sub-tenant may sue the person from whom he holds for declaration that he is a sub-tenant.
(4) A landholder other than a State Government may sue a person claiming to be a tenant or co-tenant
of a holding or a tenant of Khudkasht or a sub-tenant for a declaration of the right of such person.
89. Suit as to class of tenancy etc.— At any time during the continuance of a tenancy. the tenant or a
landholder other than the State Government may sue for declaration as to all or any of the following
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matters. namely:-
(a) the class to which the tenant belongs.
(b) the area. numbered plots or boundaries of the holding.
(c) the rent payable in respect of the holding-and the manner in which it is payable:
(d) in the case of rent payable in case. the dates on which and the instalments in which it is
payable.
(e) in-the case of rent payable in kind. the time place and manner of appraisement. division or
delivery of the crops.
(f) in the case of a Gair Khatedar tenant or a tenant of Khudkasht or a sub-tenant. the term for
which the tenancy is to run. and.
(g) any special conditions not inconsistent with the provisions of this Act.
90. Suit for declaration of land as Khudkasht— When land claimed by a tenant as his holding or as
being under his Cultivation is also claimed by a Landholder as his Khudkasht: such tenant or
landholder. may sue for a declaration of hiS status.
91. Suit for declaration of other rights — Except as otherwise specifically provided. any person may
sue for a declaration of all or any of his rights conferred by this Act and not otherwise provided for.
92. Single suit in respect of several holdings— A single suit may be instituted under the provisions
of section 88 or section 89 or section 90 in respect of a number of holdings. provided that the parties
are the same.
92A. Suit for injunction- Except as otherwise. specifically provided elsewhere in this Act. any person
may sue. in respect of all or any of his rights conferred by this Act. for an injunction in accordance with
and subject to the provisions of.Chapter X of the Specific Relief Act. 1877 (Central Act 1 of 1877).

CHAPTER IX

Determination and Modification of Rent

General Provisions
93. Liability for payment of rent-Every tenant shall be liable to pay rent in accordance with the
provisions of this Act
Provided that a tenant of land in the Abu. Ajmer or Sunel area shall continue to pay rent at the rate at
which it was payable by him immediately before the commencement of the Rajasthan Revenue Laws
(Extension) Act 1957 until it is determined or varied in accordance with the provisions of this Act of the
Rajasthan Land Revenue Act. 1956 (Rajasthan Act IS of 1056).
94. Initial rent- Subject to the other provisions of this Act a tenant on being admitted to the occupation
of land is liable to pay such rent as may be agreed upon between him and his landholder.
95. Presumption as to rent- The rent or rate of rent or rate payable by a tenant shall he presumed to
be the rent or rate of rent payable by him under section 94. until it is varied in accordance with the
provisions of this Act.
Maximum limits of rent

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96. Maximum cash rent recoverable by Government- NotWithstanding any law rule usage or
practice to the contrary the maximum amount recoverable as cash rent from a tenant holding any land
directly from the State Government shall not exceed -
(a) Where rent in respect of such land has been settled, the rent-rate sanctioned therefor during the
last settlement, and
(b) Where rent in respect of such land has not been settled, the rent-rate sanctioned during the last
settlement for similar land in neighbourhood.

97. Authority to prescribe maximum cash rents— Notwithstanding any custom, usage or practice to
the contrary, or anything contained in any law, enactment, rule, decree or order for the time being in
force, the State Government may prescribe the maximum extent of cash rents that may be recovered
by an estate-holder from a tenant or by a tenant from a sub-tenant in accordance with the provisions of
sections 98, 99 and 100.
98. Maximum rent where land revenue is settled— In areas where land revenue has been settled
and rent is payable by tenants in cash, the maximum rent recoverable by an estate-holder shall be
prescribed by the State Government keeping in view the amount of land revenue and other agricultural
conditions and shall not be more that three times the amount of such land revenue.
99. Maximum rent in areas where rent has been settled— In areas where rent has been settled and
sub-tenant pay rent in cash, the maximum rent recoverable by a tenant from his sub-tenant shall be
prescribed by the State Government so that it does not exceed twice the amount payable by such
tenant.
100. Higher maximum in certain cases — Notwithstanding anything contained in section 98 and 99
the amount of cash rents payable in respect of a holding in an urban area or payable to a widow, a
minor, a disabled person or a student who is below 25 years of age and is studying in a recognised
institution may extend to one and a half times of the maximum which may be prescribed under the said
sections.
Explanation— 'Urban area' in this section means an area consisting of Abadi as well as agricultural
lands within two miles of a town with population of not less that 15,000 persons.
101. Maximum not to operate for increase over present rate of rent— The maximum rent
prescribed under section 97 in accordance' with the provisions of section 98,99 and 100 shall not
operate to affect an increase in the amount of the rent recoverable from a tenant or a sub-tenant who
shall have at the commencement of this Act, been paying rent at a scale lower than maximum so
prescribed.
101A. Provisions as to the maximum not to apply to lands under fruit trees on unsettled lands—
The provisions of sections 98, 99 and 100 shall not apply to lands which are under fruit trees and in
respect of which land revenue has not been settled.
102. Recovery of amount realised in excess— If a landholder realises any rent in excess of the
maximum rent prescribed tinder section 97 read with sections 98, 99 and 100 such excess shall be
recoverable from such landholder as an arrear of land revenue on an application being made by the
tenant to the Tehsildar in this behalf within three years of such realisation.
103. Conversion of kind rents into cash rents in certain cases— In areas in which rent rates have
not been evolved, determined and sanctioned. but assessment circles have been formed and circle
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rates have been determined, the Assistant Collector may on application determine the rents in cash
payable by tenants on the basis of such rates and announce the rents so determined in the village in
the prescribed manner.
104. Maximum rate of rent in kind— (1) Notwithstanding any contract, custom, usage or practice to
the contrary, where rents are payable in kind the maximum recoverable from a tenant by land holder
shall not exceed one-sixth of the gross produce hereof for each harvest:
Provided that the State Government may from time to time by notification in the Official Gazette
determine the excess over the maximum rent in kind prescribed under this section payable as rent by a
sub-tenant to any of the persons mentioned in clauses (a). (b). (c). (d). (e) and (11) of sub-section ( I )
of section 46.
Explanation— The expression 'gross produce' in thiS sub-section does not include the straw. chaff
(bhusa) or the dry stalks of crop or grass or any other natural produce like pala, loong or papdi (2)
Nothing in sub-section (1) shall-
(a) operate to effect an increase' in the amount or proportion as the case may be. payable by a
tenant as rent agreed upon under section 94 or fixed under section 115. or
(b) affect any such rent (locally called bighori) at a customary rate payable in respect of any crop
such as cotton, fodder, zeera, dhania, tobacco, linseed and the like. or
(c) bar the right of a tenant to abetment or of a landholder to enhancement, or rent in accordance
with the provisions of the Rajasthan Minor Irrigation and Drainage Works Act. 1953 ,Rajasthan
Act XII of 1953). or
(d) affect the payable of any fee, rate of charge levied under any law, other than this Act for the time
being in force.
105. Higher rate of kind rate where landholder contributes to production— Where crop-Sharing by
landholders is contracted with sub-tenants or tenants of Khudkasht and the landholder contributes to
the production 'of crops by sharing expenses on manure and seed to the extent of fifty percent the rents
in kind recoverable in accordance with section 104 may extend to one fourth of the gross produce:
Provided that the contract of crop sharing under this section shall not be recognised by the revenue
court unless such contract has been made under a registered deed by the landholder with the
subtenant or tenant of Khudkasht.
Calculation of rent
106. Rent how calculated— Rent for a holding shall be calculated ordinarily, in accordance with the
rent-rates determined and sanctioned for the area in which such holding is situated.
Rent Rates and Appointment of Rent Rate Officer
107. Determination of rent-rates in certain circumstances— In respect of any area for which rent
rates have not been determined or in which revision of rent rates before the expiry of the term of the
settlement is considered necessary, the State Government may, no notification in the Official Gazette —
(I) order that rent-rates shall be determined for such area or any district or part thereof whether by
way of revision or otherwise, and
(ii) appoint any officer not below the rank of an Assistant Collector, here in after called a Rent
Officer, to propose rent-rate in accordance with the provisions of the Act.

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108. Duration of rent-rates— When rent-rates have been determined under the provisions a this Act
for any area or part of an area, they shall not be determined again until the term of settlement of such
area or part has expired :
Provided that the State Government may order the determination of rent-rates at an earlier date on the
ground that there has been a substantial rise or fall in the prices of agricultural produce or of any
particular form of produce:
Provided further that the State Government may postpone determination of rent-rates for such period
as it may deem fit either on the ground that there has been no substantial rise or fall in the prices of
agricultural produce or on ground of administrative convenience.
109. Additional Powers of Rent-Rate Officer— (1) In addition to proposing rent-rates according to the
provisions of this Act, the Rent-Rate Officer shall, if so empowered by the State Government, decide
suits for the determination, commutation, abatement and enhancement of rent in accordance with the
provisions of this Act.
(2) Such suits may be instituted in his court within such period as may be fixed by him with the sanction
of the Board, and decrees and orders passed therein shall be subject to appeal, revision and review as
if they were decrees and orders passed by an Assistant Collector.
Procedure in determining rent-rates
110. Formation of circles and soil classification— (1) The Rent Rate Officer shall, if the area for
which rent-rates are to be determined is already divided into assessment circles, propose separate
rates for each circle and for each separate class of soil therein.
(2) If the area for which rent-rates are to be determined has not been divided into assessment circles or
if the classification of the soil thereof has not been made, or if revision thereof is required to the done,
the Rent Rate Officer shall classify the soil and make circles in the manner laid down in the Rajasthan
Lands Summary Settlement Act, 1953 (Rajasthan Act XIX of 1953), and shall propose rent-rates for
each class of soil in each circle.
111. Basis of rates— . The Rent Rate Officer shall propose such rent-rate as will appear to him to be
fair and in doing so, he shall have regard to and compare-
(i) the level of rents paid by tenants who held or were admitted at different times to substantial
holding over a series of years;
(ii) the prices of agricultural produce prevailing in the main markets of the neighbourhood at such
time;
(iii) the changes in the crops grown and in the quantity of the produce;
(iv) the value of the produce with a view to seeing that the valuation of the holding at the proposed
rates does not exceed one-sixth of such value;
(v) the rotation of crops and the periods of rest which tenants usually allow to land;
(vi) the result of crop cutting experiments in the local area for which rates are proposed or in other
parts of the State;
(vii) the expenses of cultivation, and the cost to the cultivator of maintaining himself and his family,
and
(viii) such other matters as generally affect rent payable by tenant.

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112. Applicability of proposed rates with or without modification— The Rent Rate Officer shall
also record for each village whether the rates proposed by him are applicable without modification or
the extent to which they require modification either for the village as a whole or for a specified area or
class of soil therein, and in their application to such village, area or class, the rates shall be deemed to
be modified accordingly.
113. Provisions for rates in special cases— The Rent Rate Officer— shall also propose
(i) modified rent-rates for tracts of unstable and shifting cultivation and
(ii) when the greater part of the rents of a village is paid in kind, rates for the commutation of such
rents;

114. Procedure in publishing and sanctioning rent-rates- (1) The Rent Rate Officer shall publish in
such manner as may be prescribed the proposals and records made by him under the forgoing
sections and shall receive and consider any objection which may be made in respect of such proposals
and records.
(2) When such objections, if any has been considered and disposed of according to the prescribed
procedure, the Rent Rate Officer shall submit the proposals and records made by him after such
modifications, if any, as he may think fit, to the Board.
(3) On receipt of the proposals and records submitted by the Rent Rate Officer under sub-section (2),
the Board may approve or vary such proposals after such inquiry as it may deem fit, and shall submit
them for the sanction of the State Government.
(4) The State Government may sanction the proposals with or without modification or may return to the
Board for reconsideration.
(5) The rent-rates finally sanctioned by the Sate Government shall be sanctioned rent-rates for the area
in question until altered or revised in accordance with law.
Determination of rent
115. Fixation of tent— (1) When no rent has been agreed upon and any person has been admitted to
the occupation of land by any person entitled to admit or permit him with the intention that a contract of
tenancy should thereby be effected, the person so admitted, or person entitled so to admit or permit
him, may sue to have the rent of such land fixed in accordance with the provisions of this Act and for a
decree for arrears of such rent.
(2) A decree passed in a snit under sub-section (1) shall take effect from such date as the court may
direct.
116. Determination of rent' on partial ejectment or surrender— When a tenant is ejected from a
part only of his holding under an order of decree of a court, or legally surrenders such part, either he or
the landholder other that the State Government may at any time apply to the court, in which the suit for
ejectment would lie for the determination of the rent of the remainder.
117. Disputes as to rent in certain cases — (1) When the rent payable in respect of any holding
varies the harvest and there is a dispute regarding any such harvest, the Tehsildar may, on application,
inspect the holding to ascertain the condition of the crops and the extent, if any, to which they have
failed and in case the crops have been removed, the Tehsildar after making necessary inquiry may
draw such inferences from the conduct of the parties as to him may appear reasonable.

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(2) When there is a dispute as to the practice, hitherto obtaining, for the payment of the rent of any
holding, the Tehsildar may, on application and after making a summary enquiry in the prescribed
manner, give his award on such dispute and rent shall be payable in accordance with such award until
it is set aside or modified in accordance with subsection (3).
(3) Any person feeling himself aggrieved by an award given under sub-section (2) may bring a suit for
its modification or for setting it aside on any ground whatsoever.
(4) Where there is a dispute as to the mode of the payment of rest, namely, as to whether such rent is
payable in cash or in hind or is based on an estimate or appraisement of the crop or on rates varying
with the crop sown or with the harvest or harvest prices or partly in one such ways and partly in another
or others of such ways, the landholder or the tenant may sue for a declaration of such mode.
118. Commutation of rent— (1) Where rent has hitherto been paid in kind or is based on an estimate
or appraisement of the crop or on rates varying with the crop sown or with the harvest or harvest prices
or partly in one of such ways and partly in another or others of such ways, the landholder other than the
State Government or the tenant may sue for commutation of such rent to a fixed money rent and the
court may pass such orders in the case it deems fit, provided that in a suit which the landholder is the
plaintiff, and a plea is raised by the tenant that the cultivated area of the produce of the holding is
exceptionally liable to fluctuation by reason of damage by wild animals, flooding and if the court
considers that commutation is undesirable, it may dismiss the suit.
(2) A decree passed in a suit under sub-section (1) shall take effect from the commencement of the
agricultural year next following that in which such decree is passed unless the court for special reasons
to be recorded directs that it shall take effect from some earlier or later date to be specified.
(3) hi case of land held by a tenant directly from the State Government no suit shall be necessary for
commutation of rent and the tenant may apply for such commutation to the Assistant Collector and in
that case the other provisions of this section shall apply t) such application.
119. Period of currency and rent— When rent in respect of any land has been fixed under section
115 or commuted under section 118, it shall not be liable to modification until the period of the
settlement of the area in which such land lies has to come to an end or until it is varied in accordance
with the provisions of this Act.
Modification of rent
120. Method of varying rent— Subject to the other provisions of this Act, the rent of a tenant
(including a tenant of Khudkasht and a sub-tenant) may enhanced or abated only—
(a) by a registered agreement, or
(b) by a decree or order of a competent revenue court passed in a suit of, in case of land held
directly from the State Government on application by a tenant or report by the Tehsildar.

121. Grounds for enhancement of rent — The rent of a tenant shall be liable to enhancement under
this Act on one or more of the following grounds namely:
(i) that the rent payable by the tenant is substantially less than the rent calculated at the sanctioned
rent-rates appropriate to him, or
(ii) that the productive powers of the land held by the tenant have been increased by fluvial action,
or

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(iii) that the productive powers of the land held by the tenant have been increased by an
improvement effected by or at the expense of the landholder, or
(iv) that the area of tenant's holding has been increased by alluvion or otherwise:
Provided that the rent shall in no case be enhanced so as to exceed the maximum laid down in this
Chapter.
122. Limits of enhancement— The rent of a tenant shall net be enhanced by more that one fourth of
his existing rent, subject to the condition that the rent fixed shall in no case be less that three-quarters
of the rent calculated at the appropriate sanctioned rent-rates:
Provided that —
(i) this section shall not apply to a case of enhancement of rent on account of an increase in area,
and
(ii) the enhancement shall be ordered to take effect by yearly increments extending over a number
of years, not exceeding three, if it not less than one-fourth of the existing rent.
123. Tenant's plea in enhancement suit or application— If a tenant from whom enhancement of rent
is claimed proves that the whole or any portion of the enhancement so claimed is due to an
improvement which was made by him within the last year and which he was entitled to make, the court
shall pass a decree or order only for such enhancement, if any, as it might have passed, if the tenant
had made no improvement.
124. Grounds for abatement of rent— The rent of a tenant shall be liable to abatement under this Act
on one or more of the following grounds, namely;
(i) that the rent payable by the tenant is substantially greater than the rent calculated at the
sanctioned rent-rates appropriate to him; or
(ii) that the productive powers of the land by the tenant have been decreased by an improvement
made by the landholder or by any cause beyond the control of the tenant during the currency of
the present rent; or
(iii) that the area of his holding has been decreased by diluvion or encroachment or by the taking up
of land for a public purpose or a work of public utility; or
(iv) that the rent payable by him is liable to abatement on some ground specified in a lease,
agreement, decree or order under which he holds; or
(v) that such rent exceeds the maximum laid down in this Chapter.
125. Enhancement or abatement when to take effect— Every decree or order for the enhancement
or abatement of rent shall take effect from the commencement of the agricultural year next following
that in which such decree or order is passed unless the court for special reasons to be recorded orders
that it shall take effect from some earlier or later date to be specified.
126. Remission or suspension of rent in agricultural calamities— On the occurrence of a famine or
scarcity in any area or of an agricultural calamity affecting the crops of any area, the State Government
or any authority empowered by it in this behalf may in accordance with rules made by the State
Government in that behalf remit or suspend for any period the whole or any portion of the rent payable
by a tenant in such area.

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127. Period of suspension to be excluded in computing period of limitation— When the payment
of any sum has been suspended in accordance with the provisions of section 126, the period during
which the suspension continues shall be excluded in the computation of the period of limitation
prescribed for a suit or application for the recovery of such sum.
128. Non-recovery of rent remitted or suspended— No landholder shall collect, nor shall any suit or
application lie for the recovery of, any rent, the payment of which has been remitted under section 126
or, during the period of suspension, or any rent the payment of which has been suspended under the
said section.
Extraordinary and emergency provisions
129. Revision of rent in emergencies— (1) Notwithstanding anything contained in this Act or in any
other law for the time being in force when the State Government is satisfied that owing to some
extraordinary cause there has been a sudden and substantial rise or all in the prices of agricultural
produce or that an emergency has arisen within any specified area, it may, by notification in the Official
Gazette, appoint an officer not below the rank of a Collector ?lid invest him with all or any of the
following:
(a) the power of Rent Rate Officer under this Act;
(b) the power to abated or enhance rents in accordance with the sanctioned rent-rates,
(c) the power in any emergency to abate rents summarily otherwise than in accordance with such
rent-rates.

(2) Every order abating or enhancing rent under this section shall take effect from such date not
preceding the beginning of the agricultural year next following the year in which the order was passed
as the officer passing it may direct.
(3) An appeal against an order of the officer appointed under this section abating or enhancing rent
shall lie to the revenue appellate authority.
(4) A revision shall lie to the Board from an appellate order of the revenue appellate authority and the
Board may pass such orders in the case it thinks fit.

CHAPTER X

Payment and Recovery of Rent

130. Hypothecation of produce towards payment of Rent— The produce of a holding shall be
deemed to be hypothecate for the payable in respect thereof and, until the demand for such rent has
been satisfied, no other claim on such produce shall be enforced by sale in execution of a decree of
any civil or revenue court or otherwise.
131. Presumption as to payment by, tenant— Any payment made by a tenant from whom rent is due
to the landholder' to whom it is due shall in the absence of evidence of a contrary intention on the part
of the tenant, be deemed to be a payment on account of rent.
132. Application of rent payment— (1) A payment made by a tenant to his landholder, whether in
satisfaction of a decree or otherwise, shall not be applied to the discharge of an arrear the recovery of
which is barred by the law for the time being in force as to the limitation of suits and applications.

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(2) Subject to the provision contained in sub-section (1), when tenant makes payment on account of
rent to his landholder with the express intimation that he wishes the payment to be credited to any
years, instalment or holding the payment, if accepted, shall be credited accordingly and if the tenant
make no such intimation, the landholder shall credit the payment to an earlier arrear in preference to a
later arrear and, where more than one arrear is of the same date, to a similar arrear in preference to a
larger or arrear.
133. Rent how payable— A payment of money rent may be made by the tenant to the landholder
either direct or by postal money order or by a deposit in accordance with the provisions of section 139.
(x x x)

Provided that the acceptance by a landholder of a sum paid by postal money order or by deposit in
court shall not by itself or by virtue of anything written on the money order coupon be deemed to
constitute an admission by him as to the amount of rent payable or due on account of any particular
year instalment or holding, or an admission of the payer as a tenant.
134. Presumption as to money order acknowledgement— When rent is sent by postal money order,
then, in the case of acceptance, the payee's receipts, and in the case of refusal, the endorsement on
the money order duly stamped by the post office, shall be admissible in evidence without formal proof
and shall, until the contrary is proved, be presumed to be a record of such acceptance or refusal.
135. Right of tenant to receipt— (1) Every person, who makes a direct payment on account of rent or
sayer, shall be entitled to obtain forthwith from the landholder a written receipt for the amount so paid,
signed by the landholder or his duly authorised agent.
(2) The landholder shall, from a book printed under the provisions of section 137, give a separate
receipt for each sum paid on account of rent or sayer and shall prepare and retain a counterfoil of each
receipt given by him.
(3) If in any suit or proceeding between landholder and a tenant in which the payment of rent is in
issue, the landholder does not produce or, when order by the court to produce, fails to produce such
receipt book, the court may make any presumption against the landholder which it considers
reasonable.
136. Particular of receipts- (1) The receipt and counterfoil shall specify the following particulars,
namely,
(a) the name and parentage of the payer and the name of the payee,
(b) the name of the village,
(c) the amount paid,
(d) whether the payment is on account of rent or on account of sayer.
(e) Whether there is more than one holding, . an indication of the holding or holding towards the
rent of which the payment has been credited,
(f) the year and instalment to which the payment has been created,
(g) whether the payment has been accepted as payment in full or only in part,
(h) the date on which the payment is made, and
(i) such other particulars as may be prescribed.

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(2) If a receipt does not contain substantially the particulars required by this section or if a joint receipt
for rent and sayer has been given in contravention of sub-section (2) of section 135, it shall be
presumed, until the contrary is shown, to be an acquittance in full of all demands for rent and for sayer
upto the date the receipt was given.
137. Obligation of Government to print and supply book of receipts.— The State Government
shall cause to be printed and kept for sale at cost price at all Tehsils, books of receipts with counterfoils
in the prescribed form :
Provided that if no printed books are available in the Tehsil on any particular date, the landholder shall
be entitled to get a certificate from the Tehsildar that no such books were available and the landholder
shall then issue to the tenant to a tentative receipt giving substantially the particulars prescribed in
section 136.
138. Right of tenant to statement of account— The tenant shall in accordance with rules made by
the State Government he entitled on paying a fee of four annas to the landholder to receive from him
within three months after the end of an agricultural year, a statement of account specifying such
particulars as may from lime to time be prescribed either generally or for any particular local area or
class of cases.
139. Deposit of rent in the Court of Tehsildar— (1) A tenant may make an application for permission
to deposit in the court of the Tehsildar an instalment or instalments or the unpaid balance of an
instalment or instalments of rent in arrears on the date of such application and if such application
complies substantially with the provisions of sub-section (2), the Tehsildar shall receive such deposit
and grant a receipt therefor which shall operate as an a, quittance for the amount deposited as if such
amount had been received by the person entitled to receive it.
(2) Such application shall specify the n me of the person to whom the amount deposited is due as
arrears of rent, or where several persons are entitled to receive . such amount either jointly or
separately, the name of each of such person or where the tenant entertains a bona fide doubt as to who
is entitled to receive such amount, the name of the person to whom rent was last paid and of the
person now claiming it.
140. Disposal of deposit by Tehsildar- If the Tehsildar receives the deposit, he shall cause a notice of
the receipt of such deposit to be served free of charge on the person or persons specified in the
application and on any other person who, has reason to believe, is entitled to such deposit.
(2) The Tehsildar may pay the amount of the deposit to any person appearing to him to be entitled to
the same or may, if in his opinion there is any doubt as to the person to whom the deposit should be
paid, retain such amount until such doubt is removed by order of a court of competent jurisdiction.
(3) The payment may, if the Tehsildar so directs, be made by postal money order.
(4) If no payment is made under this section before the expiry of three years from the date on which a
deposit is made the amount deposited may, in the absence of any order of a competent court to the
contrary, be repaid to the deposit on his application and on his returning the receipt given by the
Tehsildar under the provisions of section 139 or on his producing such other evidence of his having
made the deposit as the court may consider sufficient.
141. Deposit of rent in court during pendency of suit— A tenant who is used for a portion of the rent
of a holding under the provisions of sub-section (3) of section 211 may deposit the whole of the rent of
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such holding in the court before which the suit is pending and such deposit shall subject to any orders,
passed in appeal, be disposed of in accordance with the orders of such court.
142. Bars of Suits— No suit or other proceeding shall be instituted against State Government or
against any servant of the State Government in respect of anything done regarding a deposit under the
provisions of the foregoing section of this Chapter, but any person considering himself entitled to
recover the amount of such deposit may sue to recover the same from a person to whom it has been
paid.
143. Section 139 to 142 when inapplicable— Nothing in section 139 to 142 shall apply in cases in
which land is held by a tenant directly from the State Government to which, as the landholder, rent in
respect thereof, is payable.
144. Right and liabilities in respect of produce— (1) When the rent based on an estimate or
appraisement of the standing crop, the tenant shall be entitled to the exclusive possession of the crop.
(2) When the rent is based on an estimate or appraisement of the crop after it has been cut or
harvested or is payable by a division of the produce, the tenant shall be entitled to the exclusive
possession thereof, but shall not be entitled to remove any portion of the same from the threshing floor
at such time or in such manner as to prevent the estime, appraisement or thereof at the proper time.
(3) In either case, the tenant shall be entitled to cut and harvest the produce in due course of
husbandry without any interference of the part of the landholder.
(4) If the tenant removes Any portion of the crop or produce, contrary to the provision of sub-section (2),
the crop or produce may for the purpose of making an award under the provisions of section 149, be
deemed to have been equal to that of the best crop of the same kind grown at that harvest on similar
land in the neighbourhood.
(5) If a landholder, other than the State Government, prevent a tenant from tending, cutting, gathering
or storing the crop or otherwise interferes with harvesting operations, he shall be liable, on the
complaint of the tenant, to pay to home such sum, not exceeding one hundred rupees as may be
awarded as compensation and such sum shall be recovered as an arrear of land revenue and paid to
the tenant.
145. Rent in kind to be recoverable by actual division of the produce— When rent is payable in
kind as a share of the produce, it shall ordinarily be recoverable by an actual division of the produce :
Provided that, if the tenant and the landholder agree, or where such a custom be obtaining, the
quantity of the produce payable as rent may be determined by an appraisement of the standing crop of
the produce on the threshing floor.
146. No cartage allowed— When rent is paid in kind, the landholder shall not claim or receive any
additional quantity of the produce or its money equivalent by way of cartage for conveying his share of
the produce to his own residence or to any market place.
147. Collector to publish return of current prices— Within one month of the end of harvesting
operations in a tehsil, or as soon thereafter as may be, the Collector shall prepare, in the prescribed
manner, a return of market process current at the harvest time of all food and non-food crops grown in
such tehsil and the return so prepared shall be accepted for assessing the money value of the produce
of a holding:

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Provided that if the State Government has under any law for the time being in. force fixed the price of
any agricultural produce. Such price shall be accepted for making such assessment.
148. Application for officer to make division, estimate or appraisement-(I) When the rent is payable by a
division of the produce or is based on an estimate or appraisement of the crop—
(a) If either the landholder, not being the State Government , or the tenant neglects to attend at the
proper time, or
(b) If there is dispute about the division, quantity or value of the produce, an application may be
presented by either party to the Tehsildar requesting that an office be deputed to make the
division, estimate or appointment.

(2) With the application the applicant shall deposit such fee as may be prescribed by the State
Government by rules made in this behalf.
Explanation— For the purpose of this Chapter, the expression 'proper time' shall mean the date which
the custom or practice in a local areas is deemed to be the last date for a division, estimate or
appraisement of the crop or the date specified below, whichever may be earlier, namely :
(a) in respect of Kharif crop

(i) for estimate of appraisement - 5th November or Margashirsh Badi 30, and

(ii) for division— 5th February of Margashirsh Badi 30;

(b) in respect of the Rabi crop

(i) for estimate of appraisement - 30th March or Chait Badi 30, and

(ii) for division— 30th May of Jeth Sudi 15

149. Procedure on such application— (1) On receiving such application the Tehsildar shall issue a
written notice to the opposite party to attend on the date which shall not he later than a week from the
date of receipt of the application and at the time and place specified in the notice and shall depute an
officer by whom such division, estimate or appraisement shall be made.
(2) If the opposite party objects that the rent is not payable by division of the produce is not based on
an estimate or appraisement of the crop, per that no amount is to be paid, such officer shall record the
objection but shall proceed as hereinafter provided,
(3) Such officer shall call on each of the parties to appoint and shall himself appoint, a resident of the
neighbourhood as an assessor to assist in the division of the produce, or in the estimate or
appraisement of the crop.
(4) If either party fails to attend or refuses to appoint an assessors, such officer shall nominate an
assessor on his behalf.
(5) Such officer shall record the opinions of the assessors and in making his awards, shall take them
into consideration.
(6) In the case of a division of the produce, if the parties agree to the manner of division proposed by
the officer, the division shall be made accordingly and if the parties is not agree to such manner of
division, or of it is claimed that no rent is payable, such officer shall make an estimate of the value of
the produce or crop deliver his award and submit it with a report of his proceedings to the Tehsildar.

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(7) Notice shall be issued to the parties that the award has been delivered and they shall be entitled to
file objections to the award within one week of the date of service of such notice' and the Tehsildar shall
after hearing such objections and making such further inquiry as may appear to be necessary; confirm,
modify or set aside the award except as provided in sub-section (8) and, if any amount is found due,
shall pass an order for the payment of such amount and costs, if any, and such order shall have the
affect of a decree for arrears of rent.
(8) In case where any party objects that the rent is not based on an estimate or appraisement of the
crop or a division of the produce or that no amount is to be paid, car that the proportion of produce
claimed by the landholder as rent is higher it than is really due, the Tehsildar shall not decide such
objection but shall direct that parties to get their right decided by a court of competent jurisdiction and in
such cases, the Tehsildar may on the application of a landholder direct the tenant to finish a bond with
or without sureties to pay the rent according to the decision of the suit within one month of such
decision.
(9) If a tenant refuses to furnish a bond as mentioned in sub-section (8) the Tehsildar may attach the
crop or its produce to such extent as he may deem necessary.
150. Suit for appears of produce rent- If rent which is based on an estimate or appraisement of the
crop or which is payable by a division of the produce is in arrears and no order having the effect of a
decree for arrears of rent has been passed under the provision of sub-section (7) of section 149, the
landholder may bring a for the recovery of such arrears.
151. Instalments ;low fixed— The rent of a tenant shall be payable in the following instalments and at
the following rates :—
(a) If the instalment and dates have been agreed upon by the parties to tenancy, the instalments
and dates so agreed upon;
(b) in the absence of any such agreement, such agreement, if such instalments and dates have
been determined and recovered during settlement, the instalments and date's so determined and
recorded.
(c) in other cases, in one or more instalments and on such dates or date as may he in accordance
with the custom or practice in vogue.

152. Rent when in arrear— Any instalment of rent not paid on or before the day when it falls due
becomes an arrear on the day following the day on which it fell due and the tenant shall thereupon
become liable to pay interest on the arrear at such rate as may, by notification, be specified by, the
State Government in this behalf.
153. Prohibition of arrest or detention for arrears— No decree for arrears of rent shall be executed
by the arrest or detention of a tenant.
154. Method of recovering arrears— Except as otherwise provided by this Act, an arrear of rent shall
he recoverable by suit or by notice in accordance with the provisions of section 169.
155. Suit against co-tenant— A cotenant who has paid rent on account of another co-tenant or from
whom such rent has been recovered, may sue such cotenant of the amount so paid.
156. Joinder for arrears— (1) A plaintiff may unite in the same suit several claims for arrears of rent
against the same tenant, provided that they are in respect of holding situated in the village.

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(2) In such a suit the decree shall specify separately the amount, if any, found due in respect of the
several holdings.
157. Remission for calamity by court decreeing claim for arrears— (1) If it appears to a court
passing a decree in a suit for arrears of rent that the area of the holding was so decreased by dilution
or otherwise or that the produce thereof was so damaged or diminished by drought, hail, pests, deposit
of sand or other like calamity during the period for which the arrear is claimed that the full amount or
rent payable by the tenant for the period cannot be equitably decreed, the court may allow such
remission from the rent payable by the tenant for that period as may appear to it to be just.
(2) No remission allowed under this section shall be deemed to very the rent payable by the tenant
otherwise than for the period in respect of which such remission is allowed.
158. Recovery for arrears of irrigation dues— Any person to whom any sum is due on account of
irrigation dues or on account of Nalbat may sue for the recovery of such sum.
159. Suit of certain arrears as arrears of land revenue— Arrears of rent in respect of land held
directly from the State Government or of other sums due to the State Government or in respect of an
estate which has been attached under any law for the time being in force or which has been placed
under the superintendence of the Court of Wards in accordance with the provisions of the Rajasthan
Court of Wards Act, 1951 (Rajasthan Act XXVIII of 1951), or any corresponding law in force in those
parts of the State to which that Act does not extend and apply may be recorded as arrears of land
revenue:
Provided that nothing contained in this section shall be deemed to authorise realisation of arrears
relating to estates which are barred under the law of limitation.
160. Recovery of arrears in the case of general refusal to pay— (1) In the event of any general
refusal to pay rent to the persons entitled to collect the same in any local area, the State Government
may, after making necessary enquiry declare by notification in the Official Gazette, that such rents may
be recovered as arrears of land revenue.
(2) In any local area to which a notification issued under sub-section (1) applies, a landholder or any
other person whom an arrear of rent is due may, notwithstanding anything to the contrary in this Act or
in any other law for the time being in force, instead of suing for recovery of tin arrear under this Act,
apply in writing to the Collector to realise the same, who shall after satisfying himself that the amount
claimed is dire, proceed, subject to rules made by the State Government, to recover such amount with
interest as an arrear of land revenue.
(3) The Collector shall not be made a defendant in any suit in respect of any amount of the recovery of
which an order has been passed under this section.
(4) Nothing herein contained and no order passed under this section debar—
(a) a landholder from recovering by suit for the application any amount due to him which has not
been recovered under this section; or
(b) a person from whom any amount has been recovered under this section in excess of the
amount due from him, from recovering such access by suit against the landholder to other
person on whose application the arrear was realised.

(5) The Collector shall deduct and credit to the State Government a sum equal to seven and a half
percent of the amount actually recovered under sub-section (2) by way of costs of collection and the
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charge of such costs of collection shall fall on the tenant:

Provided that where the Collector is of opinion that there was a bonafide dispute between the tenant
on the one hand and the landholder or any other person to whom an arrear of rent was due on the
other hand as to the rent due, he may apportion the charge of the costs of collection between both
parties in such proportion as he may consider fit.

CHAPTER XI

Ejectment

General
161. Ejectment to be in accordance with the Act— No tenant shall be ejected from his holding
otherwise than in accordance with the provisions of this Act.
162. Arrear demand satisfied upon ejectment— Subject to the provisions of sections 164, 165 and
166, when a Khatedar tenants is ejectment from whole or any portion of his holding in execution of a
decree or order for ejectment for nonpayment of rent, all arrears of rent, due in respect of such holding
on the date of delivery of possession shall deemed to have been paid.
163. Omitted.
164. Compensation for improvement on ejectment— A court ordering ejectment of a tenant from his
holding or any part thereof shall, if the tenant claims compensation for any improvement made by him
and the claim is found to be admissible, assess the amount of compensation due to the tenant on
account of such improvement.
165. Payment of compensation— (1) If the compensation determined under the foregoing section
exceed the amount recoverable from the tenant as arrears of rent, on account of the holding together
with costs, if any, the decree or order for ejectment shall be conditional on the payment of the balance
due to the tenant within such time as the court may direct. (2) If the compensation does not exceed the
amount recoverable from the tenant as specified in sub-section (1), any claim made by the tenant for
compensation shall be deemed to have satisfied on his ejectment.
166. Right to crops and trees when ejectment takes effect— (1) If on the date of the delivery of
possession in pursuance of a decree or order for ejectment of a tenant, there exist on the holding any
un-gathered crops or any trees vested in the tenant, the court executing the decree or order shall
determine the value of such crops or trees and proceed in the following manner:—
(a) If after deducting the compensation if any, assessed under section 164, the amount due from
the tenant is equal to or greater than the value of such crops or trees, the court shall deliver
possession of the holding to the landholder and all rights of the tenant is such crops or 'trees
shall pass to the landholder;
(b) If after deducting the compensation, if any, assessed under section 164, the amount due from
the tenant is less than value of such crops or trees, and

(i) the landholder pays the difference between such amount and such value to the tenant, the
court shall deliver the possession of the holding to the landholder and all rights of the
tenant in such crops or trees, shall pass to the landholder, or

(ii) the landholder does not pay such difference:—

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(a) where such value relates only to trees vested in the tenant or to such trees as well as un-
gathered crops, the tenant shall not be liable to ejectment until his claims for such value has
been satisfied, and<
(b) where such value relates only to un-gathered crops, the court shall deliver possession of the
holding to the landholder but the tenant shall have the right of tending, gathering and removing
such crops, paying such compensation for the use and occupation of the land as the court may
fix.
(X X X)

(1-A) On an application by the tenant or the landholder, the court executing the decree or order of
ejectment by the tenant under the provision of clause (b) of subsection (1).
(2) Nothing in this section shall apply to a trespasser ejected from land under the provisions of section
183 and any crops or trees existing on such land at the time of tie delivery of possession shall subject
to tine provision contained in sub-section (2) of section 183 vest in the landholder.
167. Contents and service of notice—
(1) Every notice to be issued to a tenant under this Chapter shall contain the following particulars: —
(a) the name, description and place of residence of the landholder;
(b) the name, description and place of residence of the tenant;
(c) a description of the holding, specifying the name of the village or other local area in which it is
situated; and
(d) the recorded numbers of the holding, the amount of such instalment of rent, any portion of which
is in arrears, and the amount of such arrears.
(2) The manner of service of such notice on a tenant shall be that of the service of a summons by the
court:
(x x x)

Provided that such notice shall also be served on the tenant through registered post with
acknowledgement due :
Provided further that if the tenant is not found or refuses to accept the notice or to sign the
acknowledgement, the notice shall be served by affixing it to his usual place of residence in the
presence of two persons of the place who shall sign the notice in attestation of such service, and such
service shall be deemed to be due service on the tenant.
168. Immunity from ejectment from residential houses— No tenant shall be liable to ejectment from
his residential house in village, other than a house erected as an improvement under the provisions of
section 66 merely because he has been ejected from his holding in that village.
Ejectment for Arrears of Rent
169. Issue of notice' for payment of arrears and for ejectment in default— (1) Whenever rent due
from a tenant is in arrear for two years or for a longer period, the Tehsildar may, suo motu in case of
land held directly from the State Government and on the application of landholder in other cases, issue
a notice to such tenant calling upon him within thirty days of the service of the notice to pay the amount
of the arrear or to appear and admit or contest the same:

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Provided that no notice shall be issued under this section for the payment of an arrear which on the
date of application therefore, has been outstanding for more than three years.
(2) A notice issued under this section shall state the tenant would be liable to ejectment from the
holding in default of his paying the arrears.
170. Procedure after issue of notice- (1) If the tenant does not appear or appears and admits the
arrear claimed, the Tehsildar shall pass an order directing him to pay such arrear:
Provided that, if the order is passed exparte, the tenant may apply for setting aside, such order, and if
he satisfies the Tehsildar that either the notice was not served on him or he had sufficient cause for
non-appearance on the date fixed, the Tehsildar shall set aside the order and shall proceed to hear the
case in the manner hereinafter prescribed.
(2) If the tenant appears and contests the claim for arrears, the notice shall on payment of the prior
court-fee, be deemed to be suit for arrears of rent:
Provided that-
(i) In the event of such notice having been issued by the Tehsildar suo motu no court-fee shall be
payable, and
(ii) In the event of the Tehsildar not being competent to try the suit, papers shall be forwarded to the
revenue court having jurisdiction.

(3) if in such suit the court finds that amount is due from the tenant, it shall pass a decree directing him
to pay such amount into the court.
171. Consequences and cancellation of order passed under section 170— (1) If the tenant fails to
pay the amount of the arrears as ordered by the Tehsildar under the provisions of sub-section (1) of
section 170 or as decreed by the court under the provisions of sub-section (3) of that section together
with interest thereon and the cost of the application or the costs if any awarded by the decree by the
31st day next following the expiry of the period of one year from the date of passing of such order or of
the decree becoming final, the Tehsildar or the court executing the decree, as the case may be, shall
forthwith order that the tenant be ejected from the whole or a part of the holding and he shall forthwith
be ejected accordingly.
(2) Notwithstanding anything in this section, the tenant shall not be ejected for failure to pay any portion
of his rent which has been remitted or suspended under the provisions of section 126.
172. Tenants claim for Compensation on appearance— Notwithstanding any thing to the contrary
contained in section l64 and 165, when the tenant appears in response to the notice served on him
under section 169, he shall be asked whether he makes any claim for compensation on account of
improvements in case an order of ejectment is passed against him, and, if he makes such claim, the
Tehsildar shall forward the case for decision to the Sub-Divisional Officer.
173. Bar to suits and applications in certain cases— (1) Except as provided in sub-section (2) of
section 170, no suit for arrears of rent shall lie in respect of the arrears specified in a notice under the
provisions of section 169.
(2) No notice shall be issued under the provision of section 169 in respect of an arrears for the recovery
of which a suit has been instituted under section 150 or section 154.

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174. Ejectment in execution of decree for arrears of rent— (1) A decree for arrears of rent passed
in a suit under Chapter X may be executed, in addition to any other mode of execution permissible
under the law, by ejectment of the tenant from his holding.
Provided that no tenant shall be liable to ejectment unless recourse has been had to all other modes of
execution and the decree has not been completely satisfied by any such mode within two years from
the date of such decree.
(2) subject to the proviso to sub-section (1), the landholder may apply to the court which passed the
decree for the issue of a notice to the tenant for payment of the amount due under the decree and for
his ejectment in case of default,
(3) Upon receipt of an application under sub-section (2), the court shall issue a notice stating the
amount due under the decree and requiring the tenant within two months from the service thereof to
pay such amount in court or in case of default to show-cause why he should not be ejected from his
holding and to state whether in case an order for his ejectment is passed he claims compensation on
account of any improvements made by him.
(4) If the amount is so paid the court shall record satisfaction on the decree and grant a receipt therefor,
which shall operate as an acquittance for the amount deposited as if such amount had been received
by the decree-holder and shall pay such amount to the decree-holder.
(5) The court may, on the application of the tenant,
(i) from time to time extend the time for payment of the amount due under the decree, provided that
the extended period shall in no case exceed three months, or
(ii) allow payment thereof by such instalments as it may fix.

(6) If the tenant appears and claims that the decree may be lawfully executed by any other mode to be
specified by him, the court shall, without requiring another application in that behalf, proceed in
accordance with law to execute the decree by such other mode.
(7) If the tenant appears and claims that he is not liable to ejectment on any other ground, the court
shall decide such claim.
(8) If the tenant does not appear in response to the notice issued under sub-section (2) or he appears
but does not pay the decretal amount or does not apply under sub-section (5) for extension of time or
for permission for payment by instalments or, having so applied, does not pay the decretal amount
within the extended time or by fixed instalments or does not claim non-liability to ejectment under
subsection (6), or sub-section (7) or if the mode of execution specified by the tenant under sub-section
(6) has proved infructuous or his claim under sub-section (7) has been rejected, the court shall pass an
order that he be ejected from his holding:
Provided that, where the court seized of the proceedings under this section is inferior in grade of an
Assistant Collector it shall not pass the order for such ejectment but shall submit the proceedings for
the orders of the Assistant Collector who shall, after perusing the same and making such further
enquiry and 'taking such further action as he may consider necessary and proper in the circumstances
of the case either reject the application for ejectment or pass an order for the ejectment of the tenant
from his holding.

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(9) When an order for the ejectment of a tenant from his holding has been passed under sub-section
(8) he shall, if in attendance be again asked to state whether he claims compensation on account of
any improvement made by him, and if he makes any such claim or has previously made any such claim
in response to the notice issued under sub-section (2), the court shall proceed to assess the amount of
such compensation and the payment thereof shall be regulated by the provision of section 165.
(10) Ejectment of a tenant in pursuance of an order under sub-section (8) shall be subject to the
provisions contained in section 166 and 168.
(11) If within one month after the passing of an order under for ejectment the tenant deposits the
decretal amount in court, the order for ejectment shall be cancelled, unless possession in pursuance
thereof has been delivered to the landholder.
175. Ejectment for illegal transfer or sub-letting— (1) If a tenant transfers or sub-lets, or executes
an instrument purporting to transfer or sub-let, the whole or any part of his holding otherwise than in
accordance with the provisions of this Act and the transferee or sub-lessee or the purported transferee
or sub-lessee has entered upon or is in possession of such holding or such part in pursuance of such
transfer or sub lease, both the tenant and any person who may have thus obtained or may thus be in
possession of the holding or any part of the holding, shall on the application of the land holder, be liable
to ejectment from the area so transferred or sub-let or purported to be transferred or sub-let.
(2) To every application, under this Section the transferee or the sub-tenant or the purported transferee
or the sub-tenant, as the case may be, shall be joined as a party.
(3) On an application being made under this section, the court shall issue a notice to the opposite party
to appear within such time as may be specified therein and show cause why he should not be ejected
from the area so transferred or sublet or purported to be transferred or sub-let.
(4) If appearance is made within the time specified in the notice and the liability to ejectment is
contested, the court shall, on payment of the proper court fees, treat the application to be a suit and
proceed with the case as a suit:
Provided that in the event of the application having been made by a Tehsildar in respect of land held
directly from the State Government no court-fee shall be payable.
(4-a) Notwithstanding anything to the contrary contained in sub-section (4), if the application is in
respect of contravention of the provision contained in section 42 or the proviso to subsection (2) of
section 43 or section 49-A, the court shall, after giving a reasonable opportunity to the parties of being
heard, conclude the enquiry in a summary manner and pass order, as far as may be practicable within
a period of three months from the date of the appearance of the non-applicants before it, directing
ejectment of the tenant and his transferee or sub-lessee from the area transferred or sub-let in
contravention of the said provisions.
(5) If no such appearance is made, or if appearance is made but the liability to ejectment is not
contested the court shall pass order on the application as it may deem proper.
176. Decree or order under section 175 — A decree or order under section 175 may direct the
ejectment of a tenant and his transferee or sub-lessee or purported transferee of sub-lessee from the
area transferred or sub-let or purported to be transferred or sub-let otherwise than in accordance with
the provisions of this Act.

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177. Ejectment for detrimental act or breach of condition— (1) A tenant shall on the application of
the landholder, be liable to ejectment from his holding—
(a) on the ground of any act or omission detrimental to the land in that holding or inconsistent with
the purpose for which it was let, or
(b) on the ground that he or any person holding from him has broken a condition on the breach of
which he is, by special contract which is not contrary to the provisions of this Act, liable to be
ejected:

Provided that the planting of trees or the making of an improvement in accordance with the provisions
of this Act shall not constitute a ground for ejectment under this section.
(2) To every application under this section, any person claiming through the tenant may be joined as
party and where the cause of action is based wholly or partly on any act or omission or breach of
condition by a transferee or sub-lessee of the tenant, such transferee or sub-lessee shall be joined as a
party.
(3) On an application being made under this section, the court shall issue a notice to the opposite party
to appear within such time as may be specified therein and show-cause why he should not be ejected
from the holding.
(4) If appearance is made within the time specified in the notice and the liability to ejectment is
contested, the court shall, on payment of the proper court fees, treat the application to be plaint and
proceed with the case as a suit:
Provided that in the event of the application having been made by a Tehsildar in respect of land held
directly from the State Government no court-fees --shall be payable.
(5) If no such appearance is made or if appearance is made but the liability to ejectment is not
contested the court shall pass such order on the application as it may deem proper.
178. Decree or Order under section 177 — (1) A decree or order under section 177 may direct the
ejectment of a tenant either from such portion thereof as the court, having regard to all the
circumstances of the case, may direct.
(2) Such decree or order shall further direct that if the tenant repairs the damage or pays such
compensation as the court thinks fit within three months from the date of the decree or order or within
suit further period as the court may, for, reasons to be recorded, allow the decree or order shall not be
executed except in respect of costs.
179. Suit for compensation, etc.— Notwithstanding anything in section 177 a landholder may, in lieu
of issuing or applying for the issue of notice for ejectment, sue:—
(a) for compensation, or
(b) for an injunction without compensation or,
(c) for the repair of the damage or waste with or without compensation.

180. Additional provisions for ejectment of Khudkasht or Gair-Khatedar tenants or sub-tenants

— (1) A tenant of Khudkasht or a Gair-Khatedar tenant or sub-tenant shall also be liable, on
applications to ejectment on any of the following grounds, namely—

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(a) that the land held by such tenant or subtenant is in excess of the minimum area prescribed by
the State Government for the district or part of the district in which such land is situated and
ejectment from the excess area is sought by the landholder for the purpose of his personal
cultivation :

Provided that different limits may be prescribed for different districts or parts of a district, so however,
as to ensure a net annual income of twelve hundred rupees for such tenant or sub-tenant exclusive of
the cost of his labour and the labour of his family.
(b) that he is a tenant or sub-tenant holding from year to year:

Provided that no tenant or sub-tenant holding land in the Abu area from year to year shall be liable to
ejectment under this clause;
Explanation— For the purpose of clause (b) a tenant or sub-tenant holding from year to year shall
include a tenant or sub-tenant who remains in possession of the holding after the determination of the
lease or sub-lease and the lessor or his legal representative accepts rent from the tenant or sub-tenant,
or otherwise assents to his continuing in possession.
(c) that the lease or sub-lease granted after the commencement of this Act under section 45 has
expired or will expire before the end of the current agricultural year and the landholder requires
the land for his personal cultivation;.
(d) that the land had been under the personal cultivation of the landholder for a continuous period of
five years immediately preceding the agricultural year 1948-49 and was during or after that year,
given on lease or sub-lease for a fixed term and such lease or sub-lease would have terminated
and the tenant or sub-tenant would have been liable to return possession of the land to his
landholder but for the provisions of the Rajasthan (Protection of Tenants) Ordinance, 1949
(Rajasthan Ordinance IX of 1949) unless in the meanwhile Khatedari rights have accrued to such
tenant or sub-tenant under any law during the term of such lease or sub-lease :

Provided that a landholder shall not be entitled to an order for ejectment under clause (d) unless he
requires the land from which ejectment is sought for his personal cultivation, and unless such land is in
excess of the minimum area prescribed for the purposes in clause (a);
Provided further that a landholder under his personal cultivation an area of land equal to the ceiling
area applicable to him shall not also be entitled to an order for the ejectment of a tenant under clauses
(d) and land-holder holding a less area shall be entitled to such an order only from such area which,
together with the area already held by him, shall not exceed the ceiling area applicable to him.
(1-A) No tenant holding land in Abu area since before the commencement of the Rajasthan Revenue
Laws (Extension) Act, 1957 shall be liable to ejectment on any of the grounds mentioned in sub-section
(1) by reason of efflux of time or if, before such commencement he has been deemed to be the
purchaser of his holding within the meaning of section 32 of she Bombay Tenancy and Agricultural
Lands Act, 1948. (2) The State Government shall prescribe the procedure to be adopted in case where
there are more tenants or sub-tenants than one, or where the area held by the tenant or tenants is in
excess of the area from which ejectment can be sought under clause (d) of sub-section (1).
181. Application and notice— (1) An application for ejectment under section 180. shall be made
between the first day of July and 30th day of September and not otherwise.
(2) Every application under sub-section 11) shall state the ground on which ejectment is applied for.

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(3) On an application being made in accordance with the forgoing sub-sections, a . notice shall, on
payment of the prescribed fee, be served on the tenant or sub-tenant in the prescribed manner
informing him that if he desires to dispute the ejectment he must contest the notice within thirty days of
its being served on him.
182. Procedure subsequent to the issue of notice— (1) If a tenant or sub-tenant on whom a notice
is served under section 181 appears and admits his liability to ejectment, the court shall pass an order
for his ejectment but he shall not be liable for any costs :
(2) If the tenant or sub-tenant does not appear within the period prescribed by such notice the court
shall pass an order for his ejectment:
Provided that such tenant or sub-tenant may within thirty days from the date of such order, apply for
setting it aside and if satisfies the court that either the notice was not served on him or he had sufficient
cause for non-appearance within the period prescribed by the notice, the court shall set aside the order
and shall proceed to hear the application in the manner hereinafter prescribed.
(3) If within the period prescribed the tenant or sub-tenant appears and contests his liability to
ejectment the court shall, on payment of the proper court fees, treat the application to be a plaint and
proceed with the case as a suit:
Provided that in the event of the application having been made by a Tehsildar in respect of land held
directly from the State Government, no court-fee shall be payable.
(4) to a decree or order passed under this section, the provisions of sub-section (1) of section 178 shall
apply.
(5) Where an estate-holder who has been a member of the Armed Forces of the Union seeks the
ejectment of his tenant of Khudkasht or Gair-Khatedar tenant, or where a Khatedar tenant having been
such a member seeks the ejectment of his subtenant under clause (a) or clause (d) of sub-section (1)
of section 180, then, notwithstanding anything contained in the provisos to those clauses or in section
19, the court may direct by such decree or order that the tenant of Khudkasht or Gair-Khatedar tenant
or as the case may be, the sub-tenant shall be, ejected from the whole of his holding or, as the case
may be, from a portion, if it does not exceed the ceiling area applicable to such estate holder or such
Khatedar tenant.
182A. Limit of the time for certain application under Section 180— No application for ejectment
under clause (a) or clause (d) of Section 180 shall be entertained if made after expiry of three years
from the commencement of this Act :
Provided that where land is held by Gair-Khatedar tenant or a tenant of Khudkasht or a sub-tenant
from any of the persons enumerated in section 46, such application for ejectment may be presented
within three years from the date of commencement of this Act or within three years from the disability
contemplated by that section ceases, whichever may be later:
182B. Restoration of land not brought under personal cultivation— (1) If the landholder at whose
instance or upon whose application the order of ejectment from some land is made under clause (a) or
clause (d) of section 180 fails to cultivate such land personally for a period of two years from the date of
actual ejectment, the person ejected shall have the right to apply :
(i) for the restoration of the land from which he was so ejected, or

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(ii) for the acquisition of Khatedari rights and rights in improvements in such land, or
(iii) both for such restoration and acquisition,

(2) To an application under sub-section (1) for the acquisition of Khatedari rights and rights in
improvements in any land, he provisions contained in section 20 to 31 shall be applicable as if it were
an application under section 19.
183. Ejectment of certain trespasser— (1) Not withstanding anything to the contrary in any provision
of this Act, a trespasser who has taken or retained possession of any land without lawful authority shall
be liable to ejectment, subject to the provision contained in sub-section (2), on the suit of the person or
persons entitled to eject him and shall be further liable to pay as penalty for each agricultural year
during the whole or any part whereof he has been in such possession, a sum which may extend to
fifteen times the annual rent.
(2) In case of land which is held directly from the State Government or to which the State Government,
acting through the Tehsildar, is entitled to admit the trespasser as tenant, the Tehsildar shall proceed in
accordance with the provisions of section 91 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act
15 of 1956).
183A. Summary eviction of mortgagee on non-delivery of possession of land after the expiry of
the period of mortgage— (1) If the mortgagee does not deliver possession of the land as provide in
sub-sections (3), (4) or (4-A) of section 43, the mortgagor may make an application within twelve years
from the' date of the expiry of the period of mortgage, and where such period is deemed to have
expired under sub-section (4-A), of section 43 before the commencement of the Rajasthan Tenancy
(Amendment) Ordinance, 1978 within twelve years of such commencement, to the Assistant Collector
within whose jurisdiction the land or major portion thereof is situate, and the Assistant Collector shall,
after giving a reasonable opportunity to the parties of being heard, conclude the inquiry in a summary
manner as far as may be practicable within a period of three months from the date of the appearance of
the parties before it and after pass an order of delivery of possession of the land to the mortgagor.
(2) While passing the order under subsection (I), the Assistant Collector may a so determine the
amount of mesne profits payable by the mortgagee to the mortgagor for the period the mortgagee has
remained in possession of the land beyond the period specified in subsections (4) or (4-D) of Section
43 and the rate. at which the mesne profit shall be payable in future till the mortgagee delivers
possession of the land and order for the payment of the same.
183B. Summary ejectment of trespasser of the land held by a member of a scheduled caste or a
scheduled tribe— (1) Notwithstanding to the contrary contained in any provision of this Act, a
trespasser who has taken or retained possession, without lawful authority of land held by a tenant
belonging to scheduled caste or scheduled tribe shall be liable to ejectment on an application of the
person or persons entitled to evict him or on the application, in the prescribed manner; of a further
liable to pay as penalty for each agricultural year during the whole or any part whereof he has been in
such possession, a sum which may extend to fifty times the annual rent.
(2) The inquiry on an application under sub-section (1) shall be made in a summary manner and shall
be concluded, as far as practicable, within the prescribed period and after affording a reasonable
opportunity of being heard to the person alleged to be a trespasser.

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183C. Punishment for trespass in certain cases— Without prejudice to anything otherwise contained
in section 183-B, a trespasser who,—
(a) takes possession, without lawful authority, of land held by a tenant belonging to a Scheduled
Caste or a Scheduled Tribe; or
(b) having taken such possession before coming into force of the Rajasthan Tenancy (Amendment)
Act, 1992, fails to withdran from such possession without fifteen days from the date of the service
of a notice in writing calling upon him to do so, by the Tehsildar;

shall, on conviction, be punished with simple imprisonment which shall not be less than one month but
which may extend to three years and with fine which may extend to twenty thousand rupees:
Provided that where any person is prosecuted for such an offence, the burden of proving that he has
not committed the offence shall lie on him.
Enforcement of Ejectment
184. Time of execution— (1) Delivery of possession in execution of a decree or order for ejectment
shall not be made before the fifteenth day of April or after the thirtieth day of June in any year.
(2) Nothing in this section shall apply to an order of delivery of possession passed in respect to an
application for execution made before the preceding fifteenth day of March or to an order of ejectment
passed under the provisions of section 171 or section 183.
185. Mode of Execution of decree or order— (1) Except as otherwise provided in section 184, every
decree or order of ejectment shall be enforced in accordance with the provisions of the Code of Civil
Procedure, 1908 (Central Act V of 1908), relating to the execution of decree for delivery of immovable
property.
(2) Every sub-lessee or transferee whose interest is extinguished on the ejectment of his landholder or
transferor shall, for the purpose of the execution of the decree or order for ejectment, be deemed to be
a judgment debtor, but unless he offers resistance or obstruction to delivery of possession he shall not
be liable for costs.
186. Omitted.
187. Remedies for wrongful ejectment — (1) Any tenant ejected from or prevented from obtained
possession of his holding or any part thereof otherwise than in accordance with the provisions of the
law for the time being in force may sue the person so ejecting him or keeping him out of possession for
all or any of the following reliefs, namely:—
(i) for possession of holding ;
(ii) for compensation for wrongful ejectment or dispossession ;
(iii) for compensation for any improvement he may have made.

Provided that no decree for possession shall be passed where the plaintiff at the time of the passing of
the decree, is liable to ejectment in accordance with the provisions of this Act within the current
agricultural year.
(2) If the decree is for possession no compensation for any improvement shall be awarded and such
decree shall also be subject to refund, within such time as the court may allow, by the plaintiff to the
defendant of any amount that the latter may have paid as such compensation when he was ejected or
dispossessed.

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(3) Where in a suit for possession under this section or in an appeal from any decree for possession
cannot be passed for the reason stated in the proviso to subsection (1), the decree shall be for costs
only.
(4) Where a decree is passed for compensation for wrongful ejectment or dispossession and not for
possession, the compensation awarded shall be for the whole period during which the ejected or
dispossessed tenant was entitled to remain in possession.
(5) A tenant who has sued for possession only shall not be entitled to institute a separate suit for
compensation for wrongful ejectment or for an improvement in respect of the same cause of action.
(6) To a suit for possession under this section every person ejecting the plaintiff or keeping him out of
possession as well as the person, if any put in possession of the whole or a part of the holding after
such ejectment by the person who ejected the plaintiff shall be joined as defendant and in passing a
decree for possession, court shall order that the person in such possession shall be ejected therefrom :
Provided that the court instead of ordering ejectment of such person may, in case he has before the
service upon him of summons for the first hearing fixed for the suit, sown the holding or part, declare
him to be the sub-tenant of the plaintiff in respect of such holding or part for that harvest only.
(7) A decree for possession passed under this section shall be enforced, as nearly as %lay be, in the
same manner as if it were a decree for ejectment but regard shall not be had to the time, if any,
prescribed for the enforcement of such decree.
187A. Availability of the provisions of section 187 to certain aggrieved tenants — The provisions
of section 187 shall be applicable and available to any such tenant as is referred to in sub-section (1) of
that section who, on or after the 15th October, 1955 but before the commencement of the Rajasthan
Tenancy (Third Amendment) Act, 1960, did not avail himself of the summary remedy provided in
section 186 as it stood immediately before such commencement or whose application for such remedy
was dismissed as having become barred by afflux of the period of limitation provided in that section and
such tenant may also bring a suit under and in accordance with the provisions of section 187,
notwithstanding anything contained in section 186 or in entry No. 69 of the Third Schedule as the same
stood before that commencement of the Rajasthan Tenancy (Third Amendment) Act, 1960.
187B. Summary suit for reinstatement based on possession- (1) Notwithstanding anything
contained in section 187, any tenant, who, without his consent, is ejected from, or dispossessed of, his
holding or any part thereof otherwise than in due course of law, may bring a suit praying for the
reinstatement in such holding or part and recovery possession thereof, notwithstanding any other title
that may be set up in such suit.
(2) Nothing in this section shall bar any person from suing to establish his title to such holding or part
and to recover possession thereof.
(3) No suit under this section shall be brought against the Central Government or any State
Government.
(4) No appeal shall lie from any order or decree passed in a suit under this section nor shall any review
of such order or decree be allowed.
(5) The provisions of section 184 shall not apply to a decree or order passed under this section.

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188. Injunction against wrongful ejectment— (1) Any tenant whose right to or enjoyment of the
whole or a part of his holding is invaded or threatened to be invaded by his landholder or any other
person may bring a suit for the grant of a perpetual injunction.
(2) The court may after making the necessary enquiry grant a perpetual injunction in the following
cases, namely-
(a) if there exist no standard for ascertaining the actual damage caused or likely to be caused by
the invasion;
(b) if the invasion is such that pecuniary compensation does not afford adequate relief;
(c) where it is probable that pecuniary compensation cannot be got for the invasion.
(d) where the injunction is necessary to prevent a multiplicity of proceedings.

CHAPTER XII

Grant of Land

Grants at favourable rates of rent

189. Liability of grants at favourable rate of rent to enhancement— (1) Notwithstanding anything to
the contrary contained in any law for the time being in force or in any custom or usage having the force
of Law or in the terms or conditions of any order in instrument, every grant at a favourable rate of rent,
not being a village service grant, shall be liable on application to enhancement of rent in accordance
with the sanctioned rent-rates consistently with the provisions of Chapter IX.
(2) Upon such enhancement the grantee at a favourable rate of rent shall be deemed to be a Khatedar
tenant.
189A. Devolution and transfer of interest of grantees at favourable rates and other rights— (1)
The interest of a grantee at a favourable rate of rent is heritable and shall devolve in accordance with
the personal law applicable to him.
(2) Such interest shall be transferable in the same manner and to the same extent as the interest of a
Khatedar tenant in his holding.
(3) A grantee at a favourable rate of rent shall have in respect of his grant the same rights as regards
improvements and trees as a Khatedar tenant has in respect of his holding and the provisions of
Chapters VI and VII shall apply.
(4) The provisions of Chapters VIII, X, XI, XV and XVI, shall apply as if such grantee were a Khatedar
tenant:
189B. Extinction of interest of grantees at favourable rates— The interest of a grantee at a
favourable rate of rent shall be extinguished— .
(a) on the happening of any of the events mentioned in Section 63, or
(b) when rent in respect of his grant is enhanced in accordance with the provisions of section 189.

Village Service Grants

190. Rights and liabilities of a village servant— (1) The interest of a village servant shall not be
heritable or transferable except by way of sub-lease for a term not exceeding one year at a time nor
shall such interest be liable to attachment or sale in execution of a decree or order.

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(2) Subject to the provisions of sub-section (1), a village servant shall be deemed to be Gair Khatedar
tenant.
191. Ejectment of a village servant— (1) A village servant shall be liable to ejectment from his village
service grant on the suit of the estate-holder or in case such grant is held directly from State
Government, on notice by the Tehsildar on one or more of the following grounds, namely
(i) that he was transferred or otherwise disposed of his grant in contravention of section 190 or any
other provision of this Act;
(ii) that he has ceased to render the service which he is bound to render or has failed to render it
properly;
(iii) that he has diverted the subject of his grant to non-agricultural purposes;
(iv) that the has resigned or been dismissed from his office.
(2) The provision of Chapter XI shall apply, so far as may be, to ejectment proceedings under this
section as they apply in the case of Gair-Khatedar tenants.
192. Power to place village servant or his successor in possession— (1) If a village servant is
ejectment from his grant or dies, the Tehsildar shall place his successor-in-office on the latter's
application in possession thereof.
(2) If a village servant losses possession of his grant otherwise than in accordance with the provisions
of this Act, the Tehsildar may, on application, reinstate him in the possession of such grant and may
eject any person who may then be in possession thereof.
193. Disposal of land when services are no longer required— If the Collector Declares that the
services rendered by a village servant are no longer required such village servant shall become a
'Khatedar enant' of his village service grant and hall be liable to pay rent accordingly.

CHAPTER XIII

Grove Holders

194. Rights and liabilities of grove-holders— (1) Notwithstanding anything contained in Chapter VII,
a grove-holder may cut and sell trees and may replant trees as they are cut or die.
(2) Subject to the provisions of section 63 which shall apply, so far as may be to a grove-holder as they
apply to a tenant, the rights of a grove-holder shall subsist so long as grove land retains its character as
such, and on such land ceasing to be groveland, the grove-holder shall become a Khatedar tenant
thereof.
(3) Grove land be liable to division in accordance with the provisions of section 53 which shall apply. So
far as may be, to a grove-holder as they apply to a tenant.
(4) Where a person becomes a grove-holder in respect of land of which he is a tenant, he shall hold
such land as a grove-holder in supersession of all subsisting right and liabilities so far as they are
inconsistent therewith.
195. Rights to make improvement— A grove-holder may make an improvement which a Khatedar
tenant may make and provisions of Chapter VI shall apply to him as if he were a Khatedar tenant.

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196. Devolution and transfer of interest — (1) The interest of a grove-holder shall devolve according
to the personal law applicable to him.
(2) A grove-holder shall have the right to transfer the whole or a part of his holding by sale, gift or
mortgage and the restrictions imposed on such transfers by Khatedar tenants shall not apply :
Provided that, in the case of a transfer by mortgager such transfer shall be in the form of a
usufructuary mortgage for a period not exceeding twenty years and the provisions of sub-section (2)
and (3) of section 43 shall apply thereto.
(3) A grove-holder may sublet the whole or any part of his holding and the restrictions imposed on sub-
letting by section 45 shall not apply :
Provided that no sub-tenant of grove-holder shall have any of the rights conferred by this Act on sub-
tenants, other than those conferred on him under the provisions of this Chapter.
(4) A grove-holder may also, by written agreement, grant a farm or lease for the collection or sale of the
produce of his grove for a period not exceeding three years at a time and the rights and liabilities of
such farmer or lessee shall be governed and regulated by, and shall be enforceable in revenue court of
competent jurisdiction in accordance with the terms of such agreement.
197. Provisions as to rent— (1) Subject to the provisions in sub-section (2), the rent payable in
respect of grove land by a grove-holder other than a holder of Khudkasht shall be in case and shall be
such as may be agree upon or failing such agreement, as may be determined by a competent revenue
court and the provisions of Chapter IX relating to determination and modification of rent shall apply as if
such grove-holder were a Khatedar tenant.
(2) Notwithstanding anything contained in sub-section (I), no rent shall be payable in respect of grove
land by a grove-holder who has, before the commencement of this Act, acquired his holding
permanently free of rent for the purposes of a grove on payment of a premium in lieu of rent :
Provided that rent shall be payable in accordance with sub-section (I) by such grove-holder-
(i) upon the commencement of this Act or upon the expiration of the period of thirty years from such
acquisition, whichever may be later, if the premium paid by him exceeded ten times the annual
rental of the holding then prevailing, or
(ii) upon such commencement or upon the expiry of the period of fifteen years from such
acquisition, whichever may be later, if the premium paid by him did not exceed ten times such
annual rent. (3) The rent payable in respect of grove land by a sub-tenant to a grove holder shall
be in cash and shall be such as may be agreed upon between him and his sub-tenant or failing
such agreements as may be determined by a competent revenue court:

Provided that any condition in an agreement under this sub-section for the delivery of a specified
portion of the products for the personal use of the grove-holder in part payment of such rent shall be
deemed to be valid. (4) The provisions of Chapter shall apply to grove-holder as they apply to Khatedar
tenants.
198. Ejectment- (1) While the land continues to be grove land a grove-holder shall be liable to
ejectment only on any of the grounds mentioned in section 177 and the provisions of sections 161, 162,
164, 165, 166, 167, 168, 178, 179, 184, 185, 186, 187 and 188 shall apply to him as if he was a tenant.
(2) A grove-holder who is a trespasser shall be liable to ejectment in accordance with the provisions of
section 183.

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(3) A subtenant of a grove-holder shall be liable to ejectment on any of the grounds mentioned in
section 175, 177, 180 and 183 and the provisions of Chapter XI shall apply, so far as may be.
(4) A farmer or lessee of a grove-holder shall upon suit be liable to ejectment on the ground of
contravention of the terms of his agreement. 198A. Application of Chapters VIII, XV and XVI.- The
provisions of Chapters VIII, XV and XVI shall apply to grove land as if the grove-holder thereof were as
Khatedar tenant.

CHAPTER XIV

Daradars or Thekadars

199. Rights exercisable by an Ijaradar or Thekadar— (1) Except as otherwise provided by the terms
of his 'Ijara' or Theka", an Ijaradar or Thekadar may exercise during the period and to the extent of his
Ijara or Theka all the rights of the lesser under this Act, except
(i) the right to sue for the enhancement of rent or the ejectment of a tenant;
(ii) the right to make any improvement or grant permission for the making of any improvement ;
(iii) the right to cut trees ;
(iv) the right to sue a grantee at favourable rate of rent under provisions of Chapter X1I.
(2) The right which may be exercised by an Ijaradar or Thekadar under the foregoing sub-section shall
not be exercised by the lessor during the period of Ijara or Theka.
200. Restrictions on the transfer or succession of Ijara or Theka— (1) The interest of an ljaradar or
Thekadar:
(i) shall not be transferable in execution of a decree or order of any court; or
(ii) save as provided by the terms of the Ijara or Theka, shall not be otherwise transferable or be
heritable.

(2) Where the interest of an Ijaradar or Thekadar is heritable it shall devolve according to the personal
law applicable to him.
201. Grounds of ejectment— An Ijaradar or Thekadar shall be liable, to ejectment on one or more of
the following grounds, namely:—
(i) that the rent due from him has not been paid in full ;
(ii) that any act or commission prejudicial to the right of the lessor or inconsistent with the purpose
of the Ijara or Theka has been done or made by him ;
(iii) that he or any sub-Ijaradar qr subThekadar under him has broken a condition on breach of
which he is by the terms of the Ijara or Theka liable to be ejected
(iv) that the term of the Ijara or Theka has expired on or before the end of the current agricultural
year;
(v) that his treatment with the tenant or other residents of the village has been oppressive.

202. How to proceeds for ejectment— When a lessor other than the State Government desires to
eject an Ijaradar or Thekadar on any ground, he shall proceed by suit.
203. Remedy for wrongful ejectment— An Ijaradar or Thekadar who has been wrongfully ejected
from the whole or any part of the Ijara or Theka area or wrongfully prevented form exercising his rights
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as Ijaradar or Thekadar by the lessor or any person claiming under, or as an agent of the lessor, he
may sue for compensation for such wrongful dispossession or unlawful interference.
204. Surrender— An Ijardar or Thekadar may at any time, with the consent of the lessor, surrender his
interest in the Ijara or Theka area.
205. Provision for holding over— If an Ijaradar or Thekadar remains in possession after the expiry of
the term of his Ijara or Theka and the lessor accepts rent from him or otherwise assents to his
continuing in possession, the Ijara or Theka shall, in the absence of an agreement to the contrary, be
deemed to have been renewed from year to year.

CHAPTER XV

Procedure and Jurisdiction or Revenue Courts

General
206. Provision for pending cases, etc.—(1) All suits, cases, appeals, applications, references and
proceedings relating to matters dealt within this Act, and pending before a revenue court on the coming
into force of this Act, shall subject to any specific provisions of this Act to the contrary be deemed to
have been commenced under this Act and shall be tried, heard and determined in the manner
prescribed by or under this Act.
(2) Any such suits, cases, appeals applications, references or proceedings, which according to the
provisions of this Act do not lie to or are not triable by the revenue court before which they are pending
as aforesaid, shall be transferred to and be head and determined, in accordance with law, be the
revenue court to which they lie or by which they are triable in accordance with the provisions of this Act.
(3) Any such suit, application, case or proceeding pending before a civil court when this Act comes into
force which has been declared by section 207 to be exclusively triable by a revenue court shall be
transferred by such civil court to the revenue court competent under section 207, to deal with and
dispose of the same.
(4) Any suits, applications, cases or proceedings, other than those referred to in section 207, pending
before a revenue court on the coming into force of this Act shall be transferred by such revenue court to
the civil court having jurisdiction to try, hear and determine the same.
207. Suits and applications cognizable by revenue court only— (1) All suits and application of the
nature specified in the Third Schedule shall be heard and determined by a revenue court.
(2) No court other than a revenue court shall take cognizance of any such suit or application or of any
suit or application based on a cause of action in respect of which any relief could be obtained by means
of any such suitor application.
Explanation— If the cause of action is one in respect of which relief might be granted by the revenue
court, it is immaterial that the relief asked for from the civil court is greater than, or additional to, or is
not identical with, that which the revenue court could have granted.
208. Application of Civil Procedure Code— The provisions of the Code of Civil Procedure, 1908
(Central Act V of 1908), except:
(a) provisions inconsistent with anything in this Act, so far as the inconsistency extends.

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(b) provisions applicable only to special suits or proceedings outside the scope of this Act, and
(c) provisions contained in List I of the Fourth Schedule, shall apply to all suit and proceedings
under this Act, subject to the modifications contained in List II of the Fourth Schedule.
209. Granting any relief to which plaintiff is entitled— In any suit or proceeding, the court may, on
the application of the plaintiff and after framing the necessary issues, grant, any relief which the court is
competent to grant and to which it may find the plaintiff entitled, notwithstanding that such relief may not
have been asked for in the plaint or application :
Provided that, after framing such issues, the court shall, on the request of either party, grant
reasonable time or the production of evidence.
210. Procedure when plea of payment in good faith to a third person is taken— When, in any suit
or proceeding instituted under this Act, against a tenant for arrears of rent, the tenant pleads that he
has paid the rent of the holding for the period in respect of which the suit or proceeding is instituted to a
third person whom he, in good faith, believed to be entitled to receive such rent, the court shall at the
cost of such tenant, make such third person a party in the suit or proceeding and shall inquire into and
decide the question.
211. Suits etc. by co-sharers— (1) Except as otherwise provided in sub-section (3), when there are
two or more co-sharers in any right, title or interest, all things required or permitted to be done by the
possessor of the same shall be done by them conjointly, unless they have appointed an agent to act On
behalf of all of them.
(2) Nothing in sub-section (1) shall affect any local usage or special contract by which a co-sharer is
entitled to receive separately the whole or his share of the rent payable by a tenant.
(3) When one of two or more co-shares is not entitled to sue or proceed alone and the remaining co-
sharers refuse to join in a suit or proceeding for money recoverable by them jointly, such co-sharer may
sue or proceed separately for his share, joining the remaining co-sharers as parties thereto.
(4) Where the tenant of a holding or the illegal transferee of such tenant is also a co-sharer in the
proprietary right in such holding nothing in this section shall require him to be joined as plaintiff or
applicant in any suit or application brought or made against him as such tenant or illegal transferee
under provision of this Act.
212. Provision for injunction and appointment of a receiver— (1) If in the course of any suit or
proceeding under this Act, it is proved by affidavit or otherwise —
(a) that any property to which such suit or proceeding relates is in danger of being wasted,
damaged or alienated by any party thereto, or
(b) that any party to such suit or proceeding threatens or intends to remove or dispose of the said
property in order to defeat the ends of Justice, the court may grant a temporary injunction and, if
necessary, appoint a receiver.

(2) Any person against whom an injunction has been granted or in respect of whose property a receiver
has been appointed under sub-section (1) may offer cash security in such amount as the court may
determine to compensate the opposite party in case the suit or proceedings is decided against such
persons, and on depositing the amount of such security, the court may withdraw the injunction or the
order appointing a receiver, as the case may be.

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213. Sale of Khatedar tenant's interest in execution of decree of arrears of rent — (1) Subject to
the provision of section 42, interest of a Khatedar tenant in his holding or in any part thereof may be
sold in execution of a decree for arrears of the rent of such holding and unless such interest is
purchased by the landholder thereof, the purchaser shall, subject to the provisions of sub-section (3),
have the same interest in such holding or part and be subject to the same liabilities in respect thereof
as the tenant.
(2) Before selling the interest of a Khatedar tenant in a part only of his holding in accordance with sub-
section (1 ), the court executing the decree shall, in accordanCe with rules made by the Board,
distribute the rent of the holding over such part and the remainder of the holding.
(3) When such interest is sold —
(a) a sub tenant, or
(b) an agricultural or other labourer or a village servant, who resides in the village or,
(c) any agriculturist who resides in the village, or
(d) the landholder, other than the State Government, or an estate holders, or
(e) the estate holder,

may in the above order of priority, within fifteen days of the date of sale, claim to take such interest at
the highest bid:
Provided that where two or more persons belonging to the same class, being a class mentioned in
clause (a) or clause (c) claim to take such interest, preference shall be given to the claiment who
cultivates the smallest area in the village and when they cultivate an equal area the claim shall be
determined in the prescribed manner:
Provided further that if two or more persons belonging to same class, being a class mentioned in
clause (b) claim to take such interest, the claim shall be determined in the prescribed manner.
(4) Notwithstanding anything contained in sub-section (3) where the Khatedar tenant whose interest is
sold under this section is a member of a Scheduled Caste or a Scheduled Tribe preference among rival
claimants belonging to any of the classes mentioned in clauses (a), (b) and (c) shall be given to the
claimant of a particular class who is a member of a Scheduled Caste or Scheduled Tribe.
214. Limitation in cases under this Act — (1) The suits and applications specified in the Third
Schedule shall be instituted and made within the time prescribed therein for them and every such suit
instituted or application made after the expiry of the period of limitation so prescribed shall be
dismissed:
Provided that any such suit or application, for which the period prescribed by the said Schedule is
shorter than the period prescribed by the law in force before the commencement of this Act, may be
instituted or made within six months next after the commencement of this Act or within the period of
limitation prescribed by the aforesaid law, whichever period expires first:
Provided further that any such suit or application for which a period of limitation is prescribed by the
said Schedule but for which no period is prescribed by the aforesaid law may be instituted or made
within the period prescribed by the said Schedule computed from the date of the commencement of this
Act.

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(2) If the payment of rent has been suspended under the order of a competent authority on account of
an agricultural calamity, the period of suspension shall be excluded in the computation of the period of
limitation prescribed for a suit for the recovery of such rent.
(3) Subject to the provisions contained in sub-sections (1) and (2) the provisions of the Indian Limitation
Act, 1908 (Central Act LX of 1908) shall apply to suits, appeals, applications and proceedings under or
in pursuance of this Act.
215. Court fee payable — The court fees payable in suits and on applications under this Act shall be
as specified in the sixth column of the Third Schedule:
Provided that no court fee shall be payable in any suit or on application instituted or made by or on
behalf of the State Government.
Powers of Court
216. Place of sitting of revenue courts — (1) The Board may sit for the disposal of cases at any
place in the State.
(2) A revenue appellate authority shall sit at such place or places as the State Government may, from
time to time, direct.
(3) A Collector, a Sub-Divisional Officer or an Assistant Collector may hold his court at any place within
the district, subdivision or other local area to which he is appointed.
(4) A Tehsildar may hold his court at any place within his Tehsil.
217. Ordinary powers of different grades of revenue courts— (1) The different grades of revenue
courts competent to dispose of suits and applications under this Act shall be those specified in the
seventh column of the Third Schedule.
(2) Notwithstanding anything contained in sub-section (1), a Tehsildar shall have power to dispose of in
accordance therewith only those suits or applications in which the State Government is not a party and
in which the amount or value of the subject matter does not exceed three hundred rupees or such other
maximum limit, not below one hundred rupees, as the State Government may from time to time, by
notification in the Official Gazette direct and where any suit or application specified in the Third
Schedule to be within the competence of a Tehsildar exceeds such amount or value or has been
brought or made or against the State Government it shall be heard and disposed of by an Assistant
Collector.
218. Inherent powers of revenue courts — In addition to the powers specified in the foregoing
section-
(i) a revenue appellate authority shall have all the powers of a Collector, a Sub-Divisional Officer, an
Assistant Collector and a Tehsildar;
(ii) a Collector shall have all the powers of a Sub-Divisional Officer, an Assistant Collector and a
Tehsildar;
(iii) a Sub-Divisional officer shall have all the powers of an Essistant Collector and a Tehsildar; and
(iv) an Assistant Collector shall have all the powers if a Tehsildar.

219. Additional Powers of revenue courts— (1) The State Government may 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, and
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(c) on an Assistant Collector, all or any of the powers of a Sub-Divisional Officer, or a Collector.

(2) In conferring powers under this section, the State Government may empower persons by name or
classes of officers generally by their official designations.
(3) If an officer in any Tehsil, sub-divisional or other area who has been invested by name- with any
powers under this section is transferred to an equal office of the same nature in another Tehsil, sub-
division, district or area, he shall, unless the State Government otherwise directs, be held to be
invested with the same powers under this section in such other Tehsil; sub-division, district or area.
220. Courts in which proceedings to be instituted— All suits and application specified in the Third
Schedule shall be instituted in or made to the revenue court of the lowest grade competent to dispose
of them in accordance with the provisions of section 217.
Provided that if there is no Assistant Collector or Sub-Divisional Officer in any area, the suits or
applications cognizable by any of them shall be instituted in or more to the court of the Collector having
jurisdiction over such area.
221. Subordination of revenue courts— The general superintendence and control over all revenue
courts shall be vested in, and all such Courts shall be subordinate to the Board; and subject to such
superintendence, control and subordination —
(a) Omitted.
(b) all Additional Collectors, Sub-Divisional Officers, Assistant Collectors and Tehsildars in a district
shall be subordinate to the Collector thereof,
(c) all Assistant Collectors, Tehsildars and Naib-Tehsildars in a sub-division shall be subordinate to
the Sub-Divisional Officer thereof, and
(d) all Additional Tehsildars and Naib-Tehsildars in a Tehsil shall be subordinate to the Tehsildar
thereof.

Appeals
222. Appeal not to lie unless allowed by this Act — No appeal shall lie from any decree or order
passed by any revenue court except as provided in this Act.
223. Appeals from original decrees— An appeal shall lie from an original decree
(i) to the Collector if such decree is passed by a Tehsildar, and
(ii) to the Revenue Appellate Authority if such decree is passed by an Assistant Collector, a Sub-
Divisional Officer or a Collector.

224. Appeals from appellate decrees — (I) An appeal shall lie to the revenue. appellate authority
from a decree passed in appeal by a Collector.
(2) An appeal shall lie to the Board from a decree passed in appeal by a revenue appellate authority on
any of the following grounds, namely
(i) the decision being contrary to law or to some usage having the force of law;
(ii) the decision having failed to determine some material issue of law or usage having the force of
law;
(iii) a substantial error or defect in the procedure provided by or under this Act or by any other law
for the time being in force, which may possibly have produced an error or defect in the decision
of the case upon the merits, and

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(iv) the decision being contrary to the weight of evidence on record where the lower appellate court
has varied or reversed any finding of the trial court on a question of fact.

225. Appeal from orders— (1) An appeal shall lie from the final order passed on an application on the
nature specified in the Third Schedule and from such other orders as are mentioned in Section 212 of
this Act and in Section 104 of the Code of Civil Procedure, 1908 (Central Act, V of 1908) —
(i) to the Collector, if such order is passed by a Tehsildar,
(ii) to the Revenues, Appellate Authority, if such order is passed by an Assistant Collector, a Sub-
Divisional Officer or a Collector, and
(iii) to the Board if such order is passed by a Revenue Appellate Authority.

(1-A) The provisions of sub-section (1) shall apply to all suits, applications or proceedings pending on
the date of the commencement of the Rajasthan Revenue Laws (Amendment) Ordinance, 1975
(1-B) All pending appeals from orders other than those from which an appeal lies under sub-section (1)
shall abate on the date of the commencement of the Rajasthan Revenue Laws (Amendments)
Ordinance (Ordinance No. 13 of 1975).
(2) No appeal shall lie from any order passed in appeal under this section.
226. Power of Board to reject an appeal summarily- The Board may either admit an appeal or may
summarily reject it.
227. No decree or order to be reversed or modified for error or irregularity — No decree or order
shall be reversed or substantially varied, nor shall any case be remanded in appeal, on appeal, on
account of any mis-joinder of parties or causes of action or any error or irregularity in any proceedings,
not affecting the merits of the case.
228. Limitation for appeals— (1) No appeal to the Collector shall be brought after the expiration of
thirty days from the date of the decree or order complained of.
(2) No appeal to the revenue appellate authority shall be brought after the expiration of sixty days from
the date of the decree or order complained of.
(3) No appeal to the Board shall be brought after the expiration of ninety days from the date of the
decree or order complained of.
Review
229. Power of review by Board and other revenue courts— Subject to the provisions of the Code of
Civil Procedure, 1908 (Central Act V of 1908) -
(1) the Board of its own motion or on the application of a party to a suit or proceeding, may review and
may rescind, alter or confirm any decree or order made by itself or by any of its members; and
(2) every revenue court, other than the Board, shall be competent to review any decree, order or
judgment passed by such court.
Revision
230. Power of the Board to call for cases— The Board may call for the record of any case decided
by any subordinate revenue court in which no appeal lies either to the Board or to a civil court under
section 239 and if such court appears —
(a) to have exercised jurisdiction not vested in it by law; or
(b) to have failed. to exercise jurisdiction so vested; or
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(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity.

Board may pass such orders in the case as thinks fit.

231. Powers to High Court to call for cases— The High Court may call for the record of any suit or
application which has been decided by any subordinate revenue court and in which an appeal lies to a
civil court under section 239 but no appeal lies to the High Court, and if such civil or revenue court
appears—
(a) to have exercised jurisdiction not vested in it by law; or
(b) to have failed to exercise jurisdiction so vested ; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity.

The High Court may pass such order therein as it thinks fit.
Reference
232. Power to call for record and refer to the Board— The Collector may call for and examine the
record of any case or proceedings decided by or pending before and revenue court subordinate to him
for the purpose of satisfying himself as to the legality or propriety of the order or decree passed and as
to the regularity of the proceedings, and, if he is of opinion that the order or decree passed or the
proceeding taken by such court should be varied, cancelled or reversed, he shall refer the case with his
opinion thereon for the orders of the Board shall, thereupon, pass such order as it thinks fit:
Provided that the power conferred by this section shall not be exercised in respect of suits or
proceedings falling within the purview of section 239.
Transfer of Cases
233. Transfer of Cases by Revenue Board— The Board may, on sufficient cause being shown,
transfer any suit, proceeding,, application, appeal or class of suits, proceedings, application or appeal
from any revenue court to any other revenue court competent to deal therewith.
234. Omitted.
235. Transfer and withdrawal of Cases by Collector and Sub-Divisional Officer — A Collector or a
Sub-Divisional Officer may withdraw any case or class of cases from any revenue court subordinate to
him and may try such case or class of cases himself or transfer the same to any subordinate revenue
competent to deal with it.
236. Omitted
237. Transfer of cases by Collector or Sub-Divisional Officer— A Collector or a Sub-Divisional
Officer may transfer any case or class of cases pending before himself to any subordinate revenue
court competent to deal therewith.
238. Transfer of revenue appeals by High Court— The High Court may on sufficient cause being
shown, transfer any appeal under sub-section (4) of section 239 from the civil in which they may have
been brought to any other civil court competent to hear the same.
Question of Proprietary Right in Revenue Courts
239. Procedure when plea of proprietary right raised— (1) If in any suit or proceeding in a revenue
court, a question of proprietary right in respect of land forming the subject matter of such suit or
proceeding is raised and such question has not previously been determined by a civil court of

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competent jurisdiction the revenue court shall frame an issue on the question of proprietary right and
submit the record to the competent civil court for the decision of that issue only.
Explanation I. — A plea of proprietary right which is clearly untenable and intended solely to oust the
jurisdiction of revenue court shall not be deemed to raise a question of Proprietary right within the
meaning of this section.
Explanation II.— A question of proprietary right does not include the question whether such land is
'Khudhasht'.
(2) The civil court, after re-framing the issue, if necessary, shall decide such issue only and return the
record together with its finding thereon to the revenue court which submitted it.
(3) The revenue court shall then proceed to decide the suit accepting the finding of civil court on the
issue referred to it.
(4) An appeal from a decree of a revenue court passed in a suit in which an issue involving a question
of proprietary right has been decided by a civil court under sub-section (2) shall lie to the court which
having regard to the valuation of the suit, has jurisdiction to hear appeals from the court to which the
issue of proprietary right had been referred.
(5) A second appeal from a decree or order passed by a civil court in appeal under sub-section (4) shall
lie to the High Court on any of the grounds mentioned in section 100 of the Code of Civil Procedure,
1908 (Central Act V of 1908).
240. Limitation and court fee for appeal under section 239— The period of limitation and court fee
in respect of appeals under sub-sections (4) and (5) of the last preceding section shall be the same as
may for time being be provided for civil appeals to these courts.
241. Procedure in appeals when material for determining question of proprietary right not on
record— If in any appeal under the prufisions of subsection (4) or sub-section (5) of Section 239, the
appellate court has not before it all the material necessary for the determination of the question of
proprietary right, it may either—
(a) remand the case to the civil Court which decided the issue on the question of proprietary right
or,
(b) frame a fresh issue with respect to such question and refer it for trial to any subordinate civil
Court of competent jurisdiction.

Question of Tenancy right in Civil Courts

242. Procedure when plea of tenancy rights raised in Civil Courts — (1) If in any suit relating to
agricultural land instituted in a civil court, any question regarding tenancy rights arises and such
question- has not previously been determined by a revenue court of competent jurisdiction, the civil
court shall frame an issue on the plea of tenancy and record to the appropriate revenue court for the
decision of that issue only.
Explanation — A plea of tenancy which is clearly untenable and intended solvely to post the
jurisdiction of the civil court shall not be deemed to raise a plea of tenancy.
(2) The revenue court, after re-framing the issue if necessary, shall decide such issue only, and return
the record together with its finding thereon, to the civil court which submitted it.

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(3) The civil court shall then proceed to decide the suit accepting the finding of revenue court on the
issue referred to it.
(4) The finding of the revenue court on the issue referred to it shall, for the purposes of appeal, be
deemed to be part of the finding of civil court.
Conflict of Jurisdiction
243. Power to refer question of jurisdiction to High Court — (I) Where either a civil or a revenue
court is in doubt whether it is competent to entertain any, suit, case, proceeding, application or appeal,
or whether it should direct the plaintiff, applicant or appellant to file the same in a court of the other
description, the court may submitted the record with a statement of the reasons for its doubt to the High
Court.
(2) Where any suit case, proceeding, application or appeal having been rejected either by a civil court
or by a revenue court ( n the ground of want of jurisdiction is subsequently filed in a court of the other
description the latter court if it disagrees with the finding of the former, shall submit the record with a
statement of reasons for s disagreement to the High Court.
(3) In cases falling under sub-section (1), the court is a revenue court subordinate to the Collector, no
reference shall be made under the forgoing provision of this section, except, with the previous sanction
of the Collector.
(4) On any such reference being made, the High Court may order the court either to proceed with the
case or to return the plain, application or appeal for presentation to such other court as it may declare
competent to try the same.
(5) The order of the High Court shall be final and binding on all the courts subordinate to the Board.
244. Plea in appeal that suit was instituted in wrong Court — When a suit instituted in a civil or
revenue court 'n appeal lies to a civil court, an objection that the suit was instituted in the wrong court
shall not be entertained by the appellate court, unless such objection was taken in the court of first
instance, and the appellate court shall dispose of the appeals if the suit had been instituted in right
court.
245. Procedure when objection was taken in the court of first instance— If a any such suit an
objection was made in the court of first instance and the appellate court has before it all the material
necessary for the determination of the suit, it shall dispose of the appeal as if the suit had been
instituted in the right court ;
(2) If the appellate court has not before it all such material and remands the case or frames issues and
refers them for trial, or requires additional evidence to be taken, it may direct its order either to the court
in which the suit was instituted or, to such court is it may declare to be competent to try the same.
(3) No objection shall be taken or raised in appeal or otherwise to any such order on the ground that it
has been directed to a court not competent to try the suit.

CHAPTER XVI

Miscellaneous

246. Arrears of revenue, profit etc.— Any person claiming any sum as arrear of rent, revenue or profit
from the produce of land may bring a suit to recover the same.
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247. Suit for arrears of revenue paid— (1) An estate-holder who had paid arrears of revenue on
account of co-sharer may sue such co-sharer for the amount so paid.
(2) Co-sharer who paid arrears of revenue on account of an estate-holder or another co-sharer may
sue such estate-holder or co sharer for the amount so paid.
248. Suit by or against Ijaredars or Thekadars— An Ijaredar or Thekadar may sue for the recovery
of any amount paid by him as arrears of revenue due from the estate holder or his co-sharers or both
and may be sued for the recovery of any amount paid on his account by the estate-holder or by a co-
sharer.
249. Suit for settlement of accounts— A co-sharer may sue an estate holder or another co-sharer for
a settlement of accounts and for his share of the profits.
250. Joinder of parties in certain cases— In any suit under section 246 or section 247 or section 248
or section 249 the plaintiff may sue any number of persons collectively and in such a case the decree
shall specify the extent to which each of persons is affected thereby.
251. Rights of way and other private easement— (1) In the event of any holder of land, in actual
enjoyment of a right of way or other easement or right, having, without his consent, been disturbed in
such enjoyment otherwise than in due course of law, the Tehsildar may, on the application of the holder
of land so disturbed and after making a summary inquiry into the fact of such enjoyment and
disturbance, order the disturbance to be removed or stopped and the applicant-holder to be restored to
such enjoyment, notwithstanding any other title that may be set up before the Tehsildar against such
restoration.
(2) No order passed under this section shall debar any person from establishing such right or easement
as he may claim by a regular suit in a competent civil court.
[251A. Laying of underground pipeline or opening a new way through another khatedar's
holding or enlarging the existing way. - (1) Where -
(a) a tenant intends to lay an underground pipeline through the holding of another khatedar for the
purpose of irrigation of his holding; or
(b) a tenant or a group of tenants intend to have a new way, or enlargement or widening of an
existing way, through the holding of another khatedar to have access to his holding or, as the
case may be, their holdings of and the matter is not settled by mutual agreement, the tenant or
the tenants, as the case may be, may apply for such facility to the Sub-Divisional Officer
concerned, and the Sub-Divisional Officer, if he is satisfied after a summary inquiry, that

(i) the necessity is absolute necessity and it is not for mere convenient enjoyment of holding;
and

(ii) particularly in case of a new way through another khatedar's holding, that absence of
alternative means of access proved may, be order, allow the applicant, to lay pipeline, at
least three feet beneath the surface of the land, along 'the line demarcated or pointed out
by the tenant who holds that land, or to have a new way. not wider than thirty feet, through
the land on such track as pointed out by the tenant who holds that land, and if no such
track is pointed out, through the shortest or nearest route, or to enlarge or widen the
existing way, not exceeding up to thirty feet, on payment of such compensation as may be

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determined by the Sub-Divisional Officer, in the prescribed manner, to the tenant who holds
the land through which the right to lay pipeline or have a new way or enlarge or widen an
existing way is granted.

(2) Where a right to have a new way or enlarge or widen an existing way is granted under sub-section
(1), the tenancy in respect of the land comprising such way shall be deemed to have been extinguished
and the land shall be recorded as rasta in the revenue records.
(3) The persons permitted to avail any of the facilities referred to in sub-section (1) shall not, by virtue of
the said facility, acquire any other right in the holding through which such facility is granted.]
252. Tenant entitled to compensation for illegal exactions— If any person-
(i) Knowingly collects any sum or produce in excess of the amount due as an arrear of rent or
Sayar; or
(ii) Charges interest on an arrear of rent at a rate exceeding that allowed by this Act; or
(iii) infringes the provisions of section 34 or collects any sum by way of premium or cess which is
irrecoverable under the provisions of sections 34 and 35; or
(iv) collects any rent of which payment has been remitted in accordance with the provisions of this
Act, or before the expiry of the period of suspension, collects any rent of which payment has
been suspended in accordance with the provisions of this Act; or
(v) without any reasonable cause credits a payment made towards rent or Sayar otherwise than in
accordance with the provisions of this Act,

the tenant shall be entitled to recover from such person such compensation not exceeding one hundred
rupees as the court having regard to the circumstances of the case, may decree, in addition to any
amount or the value of any produce which may have been so-collected, charged or credited.
253. Failure to give receipt— (1) When in any suit for arrears of rent the court finds that the
landholder other than the State Government has without reasonable cause refused or neglected to
deliver to the tenant a receipt, or retain a counterfoil, in the manner prescribed by section 135, it may
award to the tenant such compensation not exceeding double the amount or value of the rent paid, as it
may decree.
(2) If any person habitually refuses or neglects to give receipts in accordance with the Provisions of
section 135, he shall, on conviction by a criminal court be liable to fine not exceeding two hundred
rupees.
254. Protection of action taken under Act.— (1) No suit or other legal proceeding shall lie Against
the State Government for anything Cone or intended to be done under any provisions of this act or of
any rule made thereunder.
(2) No suit or other proceeding shall lie against any person for anything in good faith done or purporting
to be done under this Act any rule made thereunder.
255. Recovery of costs, etc.— All rates, costs, interests, charges, fees, fines, penalties,
compensation, and other moneys payable to the State Government under this Act or the rules made
thereunder shall, unless otherwise provided for specifically be-recoverable as arrears of land revenue.
256. Bar to jurisdiction of Civil courts — (1) Save as otherwise provided specifically by or under this
Act, no suit or proceeding shall lie in any civil court with respect or any matter arising under this Act or

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the rule made thereunder, for which a remedy by way of suit, application, appeal or otherwise is
provided therein.
(2) Save as aforesaid no order passed by the State Government or by any revenue court or Officer in
exercise of the powers conferred by this Act or the rules made thereunder, shall he liable to be
questioned in any civil court.
257. Power of Government to make rules— (1) The State Government may by notification in the
Official Gazette make rules for the purpose of carrying into effect the provisions of this Act.
(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide
for all or any of the following matters, namely;
(i) the fees payable under this Act;
(ii) Omitted.
(iii) the attestation of leases, counterparts and agreements;
(iv) Omitted.
(v) any matter which under any provisions of this Act, is required to be or may be, prescribed, or for
which, by any such provision, rules are required to be, or may be, made by the State
Government.

258. Power of Board to make rules— (1) The Board may with the previous sanction of the State
Government and by notification in the Official Gazette make rules consistent with this Act and with the
rules made under Section 257.
(2) In particular and without prejudice to the generality of the forgoing power, such rules may provide:
(i) for the guidance of officers in the determination, enhancement, abatement and commutation of
rent;
(ii) for the guidance of officers deciding suits and applications under this Act;
(iii) as to the procedure to be followed in suits and applications under this Act;
(v) as to the persons before whom and the mode in which affidavits may be made and matters
which may be provided by affidavits;
(vi) as to the principles on which the part of the holding from which a tenant is to be ejected may be
determined and the determination of such part;
(vii) for the collection of fines, compensation, damages or other sums imposed, awarded or ordered
to be paid under the provisions of this Act and the rules made thereunder;
(viii) for the guidance of rent rate officer;
(ix) for the guidance of officer in executing a decree for arrears of rent by sale of the interest of a
tenant in a holding or a part of such holding ;
(x) for all matters which under any provisions of this Act may be, or are required to be, prescribed,
or for which, by any such provisions, rule may be, or are required to be made, otherwise than by
the State Government; and
(xi) generally for giving effect to the provisions of this Act and the, rules made under section 257;
259. Rule subject to the condition of previous publication.— (1) All rules made under Section 257
and Section 258, shall be subject to the condition of previous publication, and the date to be specified

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under clause (3) of section.23 of the General Clauses Act, 1897 (Central Act X of 1897), shall not be
less than one month from date on which the draft of the proposed rules is finally published.
Provided that any rules under Section 257 may be made without previous publication if the State
Government considers that it should be brought into force at once.
(2) All rules made under this Act shall be laid for not less than fourteen days before the State-
Legislature as soon as possible after they are made.
260. Saving— Nothing in this Act or in the rules made under this Act shall in any way affect the
provisions of the Rajasthan Bhoodan Yogna Act, 1954 (Rajasthan Act XVI 1954) and the rules made
thereunder or anything done or deemed to have been done under or in pursuance of those provisions.
THE FIRST SCHEDULE
[See Section 3(1)]
List of Enactments Repealed

S.No. Short title of the enactment Extent of Repeal

1 The Bundi State Tenancy Act. The whole.

2 The Bikaner Tenancy Act, 1945 The whole.

3 The Marwar Tenancy Act, 1949 The whole.

4 The Jaipur Tenancy Act, 1945 The whole.

5 The Jaipur State Land Tenures The whole except

Act, 1947 provision relating to
survey, record and
settlement
operations.

6 The Rajasthan Removal of Trees They whole.

(Regulation) Ordinance, 1949.
7 The Rajasthan Protection of The whole.
Tenants Ordinance, 1949
8 The Rajasthan Protection of The whole
Tenants Ordinance (Amendment)
Act, 1952
9 Rajasthan (Protection of Tenants) The whole.
Amendment Act, 1954

10 The Rajasthan Revenue Courts The whole except

(Procedure and Jurisdiction) Act, provisions relating
1951. to survey, record
and settlement
operations.

11 The Rajasthan Produce Rent The whole.

Regulation Act, 1951

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12 The Rajasthan Agricultural Rents The whole.

Control Act, 1954.
THE SECOND SCHEDULE
Tenures of Jagir Land
[See clause (22) of section 5]
1. Jagir
2 Istamrar
3. Chakoti
4. Tankha
5. Suba
6. Manila
7. lnam
8. Lalji
9. Kangi
10. Aloofa
11. Thikanas of Dholpur State
12. Khidmat
13. Khanpan
14. Jaidad Sigha
15. Muafi
16. Tankedar
17. Bhoom
18. Salami
19. Charkrana
20. Petroti
21. Rajvi
22. Tazimi
23. Bhogta
24. Mustadi
25. Hazuri
26. Sansan
27. Khawas Paswan
28. Risala
29. Merzidan
30. Patte
31. Udak
32. Gurzara
33 Juna Jagir

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34. Bhomichara
35. Pasaita
36 Bead
37. Dumba
38. Doli
39. Milak
40. Punyarth
41. Dharmada
42. Ijara Istimrar.
43. Bapoti
44. Bakshish
45. Any other class or tenure of State grant of land.

THE THIRD SCHEDULE

Suits, Applications and Appeal under tile Act
(See-Sections 207, 214, 215 and 217)
Note :— References in this Schedule to the Court Fees Act shall be deemed to be references to the
Court Fees Act. 1870 of the Central Legislature as adapted to Rajasthan.

S. Section Description of suit, Period of Time from Proper Court Court/Officer

No. of Act application or appeal Limitation period begins to Fees Competent to
run dispose of

1 2 3 4 5 6 7
Part-Suits

1 32 Suit for obtaining None None One Rupee Assistant

lease or counterpart Collector
2 xxx

3 Suit for division of None None '' Assistant

holding. Collector

4 58 Suit to have a notice None None '' Assistant

of surrender Collector
declared invalid

5 88 Suit for declaration of None None '' Assistant

the plaintiffs rights:- Collector
(I) as a tenant, or

(ii) as tenant of
Khudkasht, or

(iii) as a sub-tenant,
or

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(iv) for a share in a

joint tenancy
6 89 Suit for declaration to None None '' Assistant
:- Collector

(I) class of tenancy.

(ii)area of boundaries
of holding.
(iii) rent payable in
respect thereof and
manner of its
payment.
(iv) the date of
instalments.

(v) the time, place

and manner of
appraisement,
division of delivery

(vi) the time of

tenancy.

(vii) other special

conditions.

7 90 Suit for declaration of None None '' Assistant

land as Khudhasht. Collector
8 91 Suit for declaration of None None '' Assistant
any other right. Collector

8-A 92 Suit for injunction. Three years When the cause Assistant
of action arises. Collector

9 109 Suit for declaration, As in section As in section

commutation, 109 109
abatement of
enhancement of rent.

10 115 Suit for fixation of None None '' Assistant

rent. Collector

11 117 -3 Suit for modifying None None '' Assistant

or setting aside Collector
award given under
section 117(2).

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12 117 (4) Suit for None None '' Assistant

declaration of the Collector
mode of payment of
rent.

13 118 Suit for commutation None None '' Assistant

of rent. Collector

14 120 & Suit for None None '' Assistant

121 enhancement of rent. Collector
15 120 & Suit for abatement of None None '' Assistant
124 rent. Collector
16 142 Suit for recovery of Three years When the As in the Tehsildar.
the amount of amount Court Fees
deposit. deposited was Act
paid.
17 150 Suit for arrears of Three years Date on which As in the Assistant
produce rent. arrear became Court Fees Collector
due Act

18 154 Suit for arrears of Three years Date on which As in the Tehsildar.
rent. arrear became Court Fees
due. Act

19 155 Suit against co- Three years Date on which As in the Tehsildar.
tenant for rent paid payment was Court Fees
on his account. made due. Act.

20 158 Suit for arrears of Three years Date on which As in the Tehsildar
irrigation dues. arrear became Fees Act. Court
due.

21 160 Suit by a tenant for Three years Date of As in the Tehsildar

recovery of any payment. Court Fees
amount recovered in Act.
excess of rent.

22 179 Suit for One year When the One Rupees Assistant
compensation or damage is done Collector
injunction or the or waste begins
repair of damage or or condition is
waste broken.

23 183 Suit for ejectment of Twelve years When the cause One Rupee Assistant
trespasser. of action arises Collector

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23-A 187 Suit for recovery of Three years Commencement One Rupee Assistant
possession or for of the Rajasthan Collector
compensation or for Tenancy (Third
both. Amendment)
Act. 1960 or
when wrongful
ejectment or
dispossession
takes place or
the tenant is
prevented from
obtaining
possession,
which every
may be later.

23-B 187-B Summary suit for Six Months When ejectment Fifty Paise Assistant
reinstatement based or Collector
of possession. dispossession
takes place.

23-C 188 Suit for perpetual Three years When the cause One Rupee Assistant
injunction. action arises of Collector

24 191 Suit by estate holder None None One Rupee Assistant

for ejectment of a Collector
village servant.

25 194(3) Suit for division of None None One Rupee Assistant

grove land. Collector

26 197 read Suit by or against As in relation to As in relation to As in relation As in relation

with grove holders in a Khatedar a Khatedar to a to a Khatedar
Chapter relation to tenant or a tenant or a Khatedar tenant or a
IX & X determination, landholder, as landholder, as tenant or a landholder, as
modification, the case may the case may landholder, the case may
recovery and be. be. as the case be.
payment of rent. may be.

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27 198 read Suit by or against As in relation to As in relation to As in relation As in relation

with holders for a Khatedar a Khatedar to a to a Khatedar
Chapter ejectment. tenant or a tenant or a Khatedar tenant or a
XI. landholder as landholder, as tenant or a landholder, as
the case may the case may landholder, the case may
be. be. as the case be.
may be.
27-A 198-A Suits by or against As in relation to As in relation to As in relation As in relation
read with grove holders for a Khatedar a Khatedar to a to a Khatedar
Chapters declaration or rights tenant or a tenant or a Khatedar tenant or a
VIII. and other matters landholder as landholder, as tenant or a landholder, as
specified in those the case may the case may landholder, the the case
chapters. be. be. as the case may be.
may be.

28 199 read Suit by or against As in relation to As in relation to As in relation As in relation

with Ijaredars or a Khatedar a Khatedar to a to a Khatedar
Chapters Thekadars in relation tenant or a tenant or a Khatedar tenant or a
IX and X to matters specified landholder, as landholder, as tenant or a landholder, as
in Chpaters IX and X the case may the case may landholder, the case may
subject to the be. be. as the case be.
provisions of section may be.
199.
29 202 Suit for ejectment of None None One Rupee Assistant
an Ijaredar or Collector.
Thekadar.
30 203 Suit by an Ijaredar or One year action When the cause As in Court Assistant
Thekadar for arises. of Act Fees Collector
compensation.
31 246 Suit for arrears of Three years When the As in Court Tehsildar
rent, revenue for become due. arrears Act. Fee
compensation
32 247 Suit for the amount Three years When the As in Court Tehsildar.
paid as arrears of payment was Fees Act.
revenue or rent on made.
account of:
(i) a co-sharer, or

(ii) an estate holder.

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33 248 Suit by or against Three years When the As in Court Tehsildar.

Ijaredars or payment was Fees Act
Thekedars for made.
recovery of amount
paid as arrears of
revenue or rent.
34 259 Suit for settlement of Threes years When the profits As in Court Tehsildar.
accounts and became Fees Act.
division of profits. divisible
35 General Any other suit in One year When the cause One Rupee Assistant
respect of any matter of action arises. Collector.
arising under this Act
in specifically
provided for
elsewhere in this
Schedule.

Part-II Applications
35-A 15(3) Application for Three years Date of Fifty paise. Assistant
declaration of having Commencement Collector.
acquired Khatedari of
rights.
35-B 15(2) Four years '' '' ''

35-C 15-AAA- Application for One year Date of Fifty Paise Assistant
(2) declaration of commencement Collector or
Khatedari rights in of the Rajasthan prescribed
Indira Gandhi Canal Tenancy authority
area. (Amend) Act,
1979.
35- 15-AAA- Application for gram Up to 30.6.1987 Fifty Paise Assistant
CC (3) of Khatedari rights in or the day upto Collector or
the Indira Gandhi which period is any other
Canal Area extended by Officer or
State Govt. authority
authorised by
the State
Government.

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35-D 19(2) Application for Two years Date of Fifty Paise Assistant
declaration of having commencement Collector
acquired Khatedari of the Rajasthan
right. Tenancy
(Amend.) Act.
1959.
35-E 19(2A)(i) Institution of One year Date of Fifty Paisa Assistant
proceedings or commencement on Collector.
application for of the Rajasthan application
declaration of having Tenancy None on suo
acquired Khatedari (Amend.) Act, moto
rights. 1979. proceedings.

36 19-(2A) Application for Six months Date on which Fifty Paise Assistant
(iv) restitution of declaration is Collector
possession. made under
section 19(2A)(i)
or 19(2A)(ii)
36-A 19(4) Application by tenant Three years Date of Fifty Paisa. Assistant
of Khudkasht or sub- commencement Collector
tenant that he does of the Rajasthan
not wish to acquire Tenancy
Khatedari rights. (Amend.) Act.
1959.
37 30-E(2) Surrender of land in Six months Date Notified None Tehsildar.
excess of ceiling under sec.
area. 30E(i)
38 31 Application of None None Fifty Paisa Tehsildar.
allotment of site for
residential house.
38-A 33 Application or Four months Date of Fifty Paisa Officer or
attestation of leases. execution. by person
Government. appointed
38-B 36-A Application for One year, Date of One Rupee Sub-Divisional
acquisition of right to commencement Officer.
Nalbat. of the Raj.
Tenancy
(Amend.) Act,
1959.

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38-C 42-A Application for One year. Date of Fifty Paisa. Collector or
declaration as valid commence. Of any officer or
of sale, gift or the Raj. authority
bequest. Tenancy authorised by
(Amend.) Act, the State
1981. Government

39 49 Application for None None Fifty Paisa. Assistant

exchange for Collector
consolidation.
40 61(1) Application for issue None None Fifty Paisa. Tehsildar
of a proclamation
relating to
abandonment.

41 62(2) Application for re- One year Date of service One Rupee Tehsildar.
instatement and of publication or
restoration of holding proclamation.
treated as
abandoned.
41-A 63(2) Application for One year. Date of One Rupee Sub-Divisional
acquisition of right of extinction of
tenants-in-chief. interest of
tenant-in-chief.

42 67 Application by land None None Fifty naye Tehsildar.

holder for sanction to Paise
make improvement
43 69 Application by tenant None None Fifty naye Tehsildar
for permission to Paise
make an
improvement which
the landholder
desires to make.
43-A 72 Application for None None One Rupee Sub-Divisional
Proviso commutation of rent. Officer
44 77 Application for Six months Date of Fifty naye Tehsildar
registration of out-lay completion of Paise.
on improvements. work.

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45 78 Application for None None Fifty naye Assistant

decision of a dispute Paise Collector.
as to improvement of
the nature specified
in section 78
46 79(2) Application for an None None Fifty naye Tehsildar
order prohibiting the Paise
planting of trees or
the removal of trees
already planted.
46-A 80 Application for Six years Date of Fifty naye Tehsildar.
payment of commencement Paise.
compensation for of Act.
trees which have
vested in a Khatedar
tenant under this
section, but are the
property of any other
person.
46-B 81 Application for Two years Date of Fifty naye Tehsildar.
payment of commencement paise.
compensation for of Act.
trees standing on
unoccupied land let
out to any person
other than the owner
of the trees.

47 84(5) Application of licence None. None Fifty Paise Sub-Divisional

to remove trees. Officer.
48(1) 85 Application for None None Fifty Paise Tehsildar
decision of a dispute
as to trees, of the
nature specified in
section 85.

48(2) 86 Application or report Three years Date of Fifty Paise. Assistant

for penalising contravention. Collector.
unlawful removal
trees.

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48-A 102 Application for Three years Date of Fifty Paise Tehsildar
recovery of excess realisation
rent realised.
48-B 193 Application for None None Fifty Paise Tehsildar
conversion of rents
49 xxx

50 xxx
51 117 Application for None None Fifty Paise Assistant
determination of rent Collector
on partial ejectment
or surrender.
52 117(1) Application for None None One Rupee Tehsildar
settlement of dispute
regarding any
harvest.
53 117(2) Application for award None None One Rupee Tehsildar
on a dispute as to
the practice for the
payment of rent.
53-A 118(3) Application for None None One Rupee Assistant
communication of Collector
rent.
53-B 120 & Application of None None None Assistant
121 enhancement of rent. Collector

53-C 120 & Application for None None One Rupee Assistant
124 abatement of rent Collector
54 139 Application for None None Fifty Paise Tehsildar
deposit of rent.
55 140(4) Application of None None Fifty Paise Tehsildar
repayment of deposit

56 114(5) Application for None None Fifty Paise Tehsildar

compensation on
account of
abstruction to
tendings cutting etc.
of crop.

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57 148 Application for None None One Rupee Tehsildar

deputing an officer to
make division
estimate or
appraisement.

57-A 149(8) Application for bond None None Fifty Paise Tehsildar
or attachment
58 160 Application for None None One Rupee Collector
realising arrears of
rent as arrears of
land revenue.

59 164 Application for None None One Rupee Court before

compensation on which
ejectment ejectment
proceeding
are pending
60 166(2) Application for None None One Rupee Court
determination of the executing
value of crop or decree or
trees. order for
ejectment
61 169 Application for issue None None Fifty Paise Tehsildar
of notice
62 170 Application for One month Date of order Fifty Paise Tehsildar
setting aside an
order passed
exparte.

63 xxx
64 174(2) Application for issue As in Serial No. As in Serial No. As in Serial As in Serial
of notice 83. 83. No. 83. No. 83
65 175(5) Application for None None Fifty Paise Court
extension of time for executing the
payment of decreed decree
amount or for
payment by
instalments.

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66 175 Application for Thirty years Date of transfer One Rupee Assistant
ejectment for illegal or sub-lease Collector
transfer or sub-
letting.
67 177 Application for Three years When the One Rupee Assistant
ejectment for detrimental or Collector
detrimental act or inconsistent act
breach of condition. done or the
condition is
broken.
68 180 Application for
ejectment of a Gair
Khatedar tenant,
tenant of Khudkhasht
or Sub-tenant-

(i) under clause (a)

or (d)
(a) by any of the Three years From date of Fifty Paise Assistant
Persons enumerated commencement Collector
in section 46. of Act or three
years from
cessation of
which ever may
be latter.

(b) in any other case. Three years of Date of Fifty Paise Assistant
Act. commencement Collector.
(ii) Under clause (b) One year action When that Fifty Paise Assistant
and (c) arises. cause of Collector

68-A 182-B Application for Three years Date of actual One Rupee Sub-Divisional
restoration of land ejectment Officer.
from which ejected
or acquisition of
Khatedari rights
therein.

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68-B 183-A Application for the Twelve years Date of expiry of Fifty Paise Assistant
summary eviction of the period of Collector.
the mortgagee on montage and
non-delivery of where such
possession of land periods deem to
after expiry of the have expired
period of mortgage. under sub-
section (4A) of
sec.43 before
the date of the
commencement
of the Rajasthan
Tenancy
(Amend.)
Ordinance 1978,
the date of such
commencement.
68-C 183-B Application for Twelve years When the cause Fifty Paise Tehsildar
summary ejectment of action [w.e.f.
of trespasser of the accrued. 26.05.1989.]
land held by a
member of
scheduled caste or
scheduled tribe.
69 186 Application for re- Three months Date of Fifty Paise Collector
instatement commencement
of Act or of
wrongful
ejectment or
dispossession.

69-A 188 Application for None None '' Assistant

enhancement of rent. Collector
70 192 Application by village Six months Date of Fifty paise Tehsildar
servant for dispossession
possession or re-
instatement.

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71 197 read Application by or As in relation to As in relation to As in relation As in relation

with against grove- a Khatedar a Khatedar to a to a Khatedar
Chapter holders in relation to tenant or a tenant or a Khatedar tenant or a
IX and X recovery and landholder, as landholder, as tenant or a landholder as
payment of rent. the case may the case may landholder, the case may
be. be. as the case be
may be
72 xxx
73 195 read Application by or As in relation to As in relation to As in relation As in relation
with against grove- a Khatedar a Khatedar to a to a Khatedar
Chapter holders in relation landholder, as landholder, as Khatedar landholder, as
VI improvements. the case may case may be landholder, the case may
be as the case be.
may be.
74 198 read Application by or -do- -do- -do- -do-
with against grove-
Chapter holders in relation to
XI ejectment.

74-A 198-A Application by or As in Serial No. As in Serial No. As in Serial As in Serial

read with against grove- 27-A 27-A No. 27-A No. 27-A
Chapter holders for
VIII, XV declaration of rights
and XVI and other matters
specified in those
Chapters.
75 199 read Application by or As in relation to As in relation to As in relation As in relation
with against Ijaredars or a landholder a landholder to a to a
Chapter Thekedars in relation landholder landholder
IX and X to matters specified
in Chapters IX and X
subject to the
provisions of section
199.
76 Application for Six months Date of decree As in Court
review- or order Fees Act
(i) to the Board

(ii) to other Revenue

courts

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77 Application for None None Two Rupees

revision to the Board
78 Application for None None Two Rupees
revision to the High
Court

79 Application for None None One Rupee

exercise of the
power conferred by
section 232.
80 Application for
transfer presented
to:-

(i) a Sub-Divisional None None Fifty Paise

Officer,
(ii) a Collector, None None Fifty Rupees
(iii) (HHH)

(iv) the Board, or None None One

Rupees As
(v) the High Court None None in the Court
Fees Act
81 251 Application for None None One Rupee Tehsildar
decision of a dispute
as to right of way or
other easement or
right
[81.A 251-A Application for laying None None One Rupee Sub-Divisional
under-ground Officer.]
pipeline or opening a
new way through
another Khatedar's
holding or enlarging
or widening the
existing way

82 252 Application by tenant None None One Rupee Tehsildar

for compensation on
account of illegal
exactions.

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83 General Application for the As in the case As in the case of One Rupee Court which
execution of a of a Civil Court a Civil Court passed the
decree decree decree decree
84 General Application in a
pending suit, appeal
or other proceedings
when presented:-

(I) to the High Court None None As in the

Court
(ii) to the Board None None One Rupee
(iii) to the Courts None None Fifty Paise

85 General Any other application Three years When the cause Fifty Paise Assistant
in respect of any of action arises Collector.
matter under this Act
not specifically
provided for
elsewhere in this
Schedule.
Part III-Appeals

86 xxx
87 xxx Appeal from original
decrees:
88 xxx (I) to the Collector Thirty days Date of decree Same as on …......
plaint

(ii) to the revenue Sixty days Date of decree Same as on ….......

appellate authority plaint
89 xxx Appeals from
appellate decrees:-
(i) to the revenue Sixty days Date of decree Same as on ….....
appellate authority plaint
(ii) to the Board Ninety days Date of decree Same as on …......
plaint
90 xxx Appeals:-
(I) to the Collector Thirty days Date or Order One Rupee ….....

(ii) to the revenue Sixty days Date of Order One Rupee ….....
appellate authority
(iii) to the Board Ninety days Date of Order One Rupee …......
The Fourth Schedule
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Application of the Code of Civil Procedure, 1908

(See-Section 208)
List I
Section and Order of the Code of Civil Procedure, 1908, which do not apply to suits or proceedings
under this Act-
Section 9
Section 24.
Section 55 to 59 inclusive
Section 68 to 72 inclusive
Section 88
Section 113, 114 and 115
Order XXI rule 37, 38, 39 and 40]
Order XXII, rule 8
Order XXXIII, (Pauper suits)
Order XXXV (inter pleader suits.)
Order XXXVI (Special case.)
Order XLIV (Pauper appeals)
Order XLVI (Reference)

S. No. Provision of the Modification

Code
1 2 3
1 Section 33 No decree need be prepared in the case of application under this Act
unless the preparation of a decree is specially prescribed.

2 Section 55 Clause(c) and the proviso shall be omitted.

3 Section 60 To the particulars not liable to attachment or sale shall be added
"manure stocked by an agriculturist."
4 Section 122 in this Section:-

(i) For the expression "High Court not being the Court of a Judicial
Commissioner" the expression - "The Board" shall be substituted.
(ii) Between the words- "from time to time" and "after previous
publication" the words - "after previous sanction of the State
Government and" shall be deemed to be inserted; and
(iii) For the words - "Civil Courts", the words "Revenue Courts" shall
be deemed to be substituted".
5 Section 144 In this section, the words 'or order' shall be deemed to be inserted
after the word decree' wherever it occurs".

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6 Order(5) Rule 9 to 30 A summon or notice may, if the State Government by rules, either
generally or in respect of any local area or class of cases, so directs,
be served by post in addition to another mode or service.

7 order VII Rule 1 In addition to the particulars contained in this rule, plaint shall specify
the name of the village and tehsil or other local area in which the land
to which the suit or proceeding relates is situated and, unless such
land can be otherwise adequately described, the number of each
field according to survey, and if the suit is for arrears of rent the plaint
shall contain a statement of account showing the demand for each
period to which the relates, the amount, if any, received and the
amount claimed to be; and, if the suit or proceeding is for ejectment
of a tenant the plaint or application shall set forth the ground or
grounds on which such ejectment issued or applied for,

8 Order XX, Rule 6. Every decree for rent shall also state the amount, including interest,
due on account of each agricultural year in respect of which relief is
granted.
9 Order XXI No application for the execution of a decree shall be made by an
assignee of the decree unless the assignor's interest in the land to
which it relates has becomes and is vested in such assignee.
9-A. Order XXI, Rule II Sub-rule (i) and sub-clause (iii) of clause (j) of sub-rule (2) shall be
omitted.
9-B. Order XXI Rule 30 The word"by the detention in the civil prison of the judgment debtor
or and he words or by both" shall be omitted.
10 Order XLI Rule and In addition to the copies required by this rule, every memorandum of
With Order XLII second appeal shall be accompanied by a copy of the judgment of
the original court.

11 xxx
12 xxx

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