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State of Rajasthan - Section

Section 22 in The Rajasthan Land Reforms and Resumption of Jagirs Act, 1952

22. Consequences of resumption.

(1)As from the date of resumption of any jagir lands notwithstanding anything contained in any existing jagir law applicable thereto but save as otherwise provided in this Act,-
(a)the right, title and interest of jagirdar and of every other person claiming through him *[x x x] in his jagir lands, including forests, trees, fisheries, wells, tanks, ponds, water channels, ferries, pathways, village sites, hats, bazaars and me la grounds and mines and minerals whether being worked or not, shall stand resumed to the Government free from all encumbrances;
(b)all rights, title and interests created in or over the jagir by the jagirdar or his predecessor-in-interest shall, as against the Government, cease and determine;
(c)all rents and cesses in respect of any holdings (including any land leased by or on behalf of the jagirdar for any purpose other than agriculture) in the jagir land for any period after the date of resumption which, but for such resumption, would have been payable to the jagirdar, shall be payable to the Government;
(d)all revenue, rents, cesses or other dues for the agricultural year in which the date of resumption falls, recovered by the jagirdar before the said date or by the Government after the said date, shall, after deducting therefrom the expenses of collection at the rate of 7 percent be ratably distributed between the jagirdar and the Government, the amount to be distributed bearing to the total amount recovered during the agricultural year the same proportion which the period before the date of resumption or, as the case may be, the period after the said date, bears to the whole of the agricultural year;
(e)all arrears of revenue, ceases or other dues in respect of any jagir land due from the jagirdar for any period prior to the date of resumption including any sum due from him under clause (d) and all loans advanced by the Government or the Court of Wards to the jagirdar shall continue to be recoverable from such jagirdar;
(f)the Government shall cease to be liable to pay to the jagirdar any cash payment in respect of his rights as such jagirdar;
(g)the right, title and interest of the jagirdar in all buildings, on jagir lands used for schools, [and hospitals not within residential compounds] [Substituted by Rajasthan 13 of 1954.] shall stand extinguished and such buildings shall be deemed to have been transferred to the Government;
(h)the right, title and interest of the jagirdar or any other person in the jagir land resumed under clause (a) shall not be liable to attachment or sale in execution of any decree or other process of any court, civil, or revenue and any attachment existing on the date of resumption or any order for attachment passed before such date shall cease to be in force;
(i)the jagirdar shall cease to be liable to pay and shall not be required to pay to the Government in respect of any jagir land resumed under this Act, any tribute or land revenue payable by him under any existing jagir law or under this Act.
(2)Nothing contained in this section shall-
(a)render the Government liable for the payment of debts incurred by the jagirdar and the jagirdar shall be personally liable for the payment of all such debts;
(b)operate as a bar to the recovery, [through the Collector as an arrear of land revenue by the jagirdar of any sum which is legally due (subject to the deduction of collection charges at the rate of 7%) to him by virtue of his rights in the jagir land in respect of any period prior to the commencement of the agricultural year in which the date of resumption falls; [Substituted by Rajasthan 13 of 1954.]
(c)[ preclude the Government from remitting wholly or in part any loans advanced to the jagirdar by the Government and utilised by the jagirdar for the economic or agricultural development of his jagir lands other than khudkasht lands:
Provided that where a tenant disputes the Jagirdar's claim for the dues mentioned in clause (b) the jagirdar shall be required to file a suit for such dues according to law.]