State of Rajasthan - Act
Ajmer Abolition of Intermediaries And Land Reforms Act, 1955
RAJASTHAN
India
India
Ajmer Abolition of Intermediaries And Land Reforms Act, 1955
Act 3 of 1955
- Published on 29 May 1955
- Commenced on 29 May 1955
- [This is the version of this document as it was from 20 September 2013 to None.]
- [Note: The original publication document is not available and this content could not be verified.]
001.
Statement of Objects and Reasons Act No. 37 of 2013. - Proviso to sub-section (1) of 45 of the Rajasthan Tenancy Act, 1955 provides that for the purpose of agricultural operations in connection with such agro-processing and agri-business enterprise as may be approved in the prescribed manner by the State Government or any authority appointed by it, a holder of Khudkasht or a land owner may let or a Khatedar tenant may sublet 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.To make easy availability of agricultural land for the purpose of plantation of Prosopis Juliflora or any other like plantation to be used for generation of electricity it had been decided to amend the aforesaid proviso to sub-section (1) of Section 45.Since the Rajasthan Legislative Assembly was not in session and the circumstances existed which rendered it necessary for the Governor of Rajasthan to take immediate action, she, therefore, promulgated the Rajasthan Tenancy (Amendment) Ordinance, 2013 (Ordinance No. 18 of 2013) on 2nd August, 2013, which was published in the Rajasthan Gazette, Part IV (B) Extraordinary, dated 5th August, 2013.This Bill seeks to replace the aforesaid Ordinance.Hence the Bill.Received the assent of the President on the 14th Day of March, 1955An 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. 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(I) On and from the coming into force of this Act, the following shall stand repealed, namely:(a)the enactment mentioned in Column 2 of the Fist Schedule to the extent specified in Column 3 thereof;(b)any corresponding laws, other than the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(c)any laws amending the enactments or laws referred to in the preceding clauses of this sub-section.4. Omitted.
5. Definitions
In this Act, unless the context otherwise requires6. 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 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 principalChapter 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.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 13.13. 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: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.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).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.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.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 in16A. 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.(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 referredto 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)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 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.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.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.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 23.26. 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 24.27. Mode of Payment of Compensation
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).30A. Savings and disposal of pending applications
Chapter IIIB
Restrictions on Holding Land in Excess of Ceiling Area
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.ExplanationA 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.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.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,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
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
General38. Interest of tenants
Save as Provided in this Act, the interest of a tenant in his holding is heritable but not transferable.Devolution of Tenancies39. 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 Tenancies41. 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 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 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-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.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.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] [Added by Notification No. F2(11) Vidhi/2/20011. dated 1.4.2011- Rajasthan Gezzete Extra ordinary , part IV-A, dated 1.4.2011. p. 5(2)] 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.] [Added by Act No. 17 of 2014, dated 7.10.2014.]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.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 Tenancies48. 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.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.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.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 tenancies53. Division of Holding
(1) Omitted.54. Omitted
.54A. Omitted
.Chapter V
Surrender, Abandonment & Extinction Surrender of
Tenancies55. 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,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.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 Tenancies60. 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.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.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).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(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.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.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.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,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.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.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 119.73. 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.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-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.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.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.78. Disputes as regards improvements
If a question arises as to-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 the holding.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 80.82. 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
-85. Disputes regarding trees
If a dispute arises 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.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.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 matters. namely:-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 Provisions93. Liability for payment of rent
-Every tenant shall be liable to pay rent in accordance with the provisions of this ActProvided 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 rent96. 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 -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 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-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 rent106. 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 Officer107. 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 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.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.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-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 propose114. Procedure in publishing and sanctioning rent-rates
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.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.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.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 rent120. 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 only121. 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: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 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;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.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 provisions129. 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.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.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.136. Particular of receipts
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.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.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 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.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: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.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.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 :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.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.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.Chapter XI
Ejectment
General161. 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:(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).167. Contents and service of notice
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 Rent169. 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: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.170. Procedure after issue of notice
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.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 169.174. 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.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.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.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.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.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: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, namely181. 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.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 :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(ii)for the acquisition of Khatedari rights and rights in improvements in such land, or(iii)both for such restoration and acquisition,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.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.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.183C. Punishment for trespass in certain cases
Without prejudice to anything otherwise contained in section 183-B, a trespasser who,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.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.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.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
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.Chapter XII
Grant of Land
Grants at favourable rates of rent189. 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.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.189B. Extinction of interest of grantees at favourable rates
The interest of a grantee at a favourable rate of rent shall be extinguished .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.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.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.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.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.196. Devolution and transfer of interest
(1) The interest of a grove-holder shall devolve according to the personal law applicable to him.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.198. Ejectment
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.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.201. Grounds of ejectment
An Ijaradar or Thekadar shall be liable, to ejectment on one or more of the following grounds, namely: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 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
General206. 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.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.208. Application of Civil Procedure Code
The provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908), except: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.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.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.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.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 Court216. Place of sitting of revenue courts
(1) The Board may sit for the disposal of cases at any place in the State.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.218. Inherent powers of revenue courts
In addition to the powers specified in the foregoing section-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(c)on an Assistant Collector, all or any of the powers of a Sub-Divisional Officer, or a Collector.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 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 decree224. Appeals from appellate decrees
(I) An appeal shall lie to the revenue. appellate authority from a decree passed in appeal by a Collector.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).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.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) -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 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 appears232. 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 Cases233. 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 Courts239. 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 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'.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 either242. 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.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.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 ;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.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.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.251A. [ Laying of underground pipeline or opening a new way through another khatedar's holding or enlarging the existing way. [Inserted by Act No. 1 of 2012, dated 18.1.2012.]
252. Tenant entitled to compensation for illegal exactions
If any person-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.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.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 the rule made thereunder, for which a remedy by way of suit, application, appeal or otherwise is provided therein.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.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 257.259. 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 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.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 Act, 1947 | The whole except provision relating to survey, record andsettlement operations. |
| 6 | The Rajasthan Removal of Trees (Regulation) Ordinance, 1949. | They whole. |
| 7 | The Rajasthan Protection of Tenants Ordinance, 1949 | The whole. |
| 8 | The Rajasthan Protection of Tenants Ordinance (Amendment) Act,1952 | The whole |
| 9 | Rajasthan (Protection of Tenants) Amendment Act, 1954 | The whole. |
| 10 | The Rajasthan Revenue Courts (Procedure and Jurisdiction) Act,1951. | The whole except provisions relating to survey, record andsettlement operations. |
| 11 | The Rajasthan Produce Rent Regulation Act, 1951 | The whole. |
| 12 | The Rajasthan Agricultural Rents Control Act, 1954. | The whole. |
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
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 SCHEDULESuits, 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. No. | Section of Act | Description of suit, application or appeal | Period of Limitation | Time from period begins to run | Proper Court Fees | Court/Officer Competent to dispose of |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Part-Suits | ||||||
| 1 | 32 | Suit for obtaining lease or counterpart | None | None | One Rupee | Assistant Collector |
| 2 | xxx | |||||
| 3 | Suit for division of holding. | None | None | '' | Assistant Collector | |
| 4 | 58 | Suit to have a notice of surrender declared invalid | None | None | '' | Assistant Collector |
| 5 | 88 | Suit for declaration of the plaintiffs rights:- | None | None | '' | Assistant Collector |
| (I) as a tenant, or | ||||||
| (ii) as tenant of Khudkasht, or | ||||||
| (iii) as a sub-tenant, or | ||||||
| (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 itspayment. | ||||||
| (iv) the date of instalments. | ||||||
| (v) the time, place and manner of appraisement, division ofdelivery | ||||||
| (vi) the time of tenancy. | ||||||
| (vii) other special conditions. | ||||||
| 7 | 90 | Suit for declaration of land as Khudhasht. | None | None | '' | Assistant Collector |
| 8 | 91 | Suit for declaration of any other right. | None | None | '' | Assistant Collector |
| 8-A | 92 | Suit for injunction. | Three years | When the cause of action arises. | Assistant Collector | |
| 9 | 109 | Suit for declaration, commutation, abatement of enhancement ofrent. | As in section 109 | As in section 109 | ||
| 10 | 115 | Suit for fixation of rent. | None | None | '' | Assistant Collector |
| 11 | 117 | -3 Suit for modifying or setting aside award given undersection 117(2). | None | None | '' | Assistant Collector |
| 12 | 117 | (4) Suit for declaration of the mode of payment of rent. | None | None | '' | Assistant Collector |
| 13 | 118 | Suit for commutation of rent. | None | None | '' | Assistant Collector |
| 14 | 120 & 121 | Suit for enhancement of rent. | None | None | '' | Assistant Collector |
| 15 | 120 & 124 | Suit for abatement of rent. | None | None | '' | Assistant Collector |
| 16 | 142 | Suit for recovery of the amount of deposit. | Three years | When the amount deposited was paid. | As in the Court Fees Act | Tehsildar. |
| 17 | 150 | Suit for arrears of produce rent. | Three years | Date on which arrear became due | As in the Court Fees Act | Assistant Collector |
| 18 | 154 | Suit for arrears of rent. | Three years | Date on which arrear became due. | As in the Court Fees Act | Tehsildar. |
| 19 | 155 | Suit against co-tenant for rent paid on his account. | Three years | Date on which payment was made due. | As in the Court Fees Act. | Tehsildar. |
| 20 | 158 | Suit for arrears of irrigation dues. | Three years arrear became due. | Date on which Fees Act. | As in the Court | Tehsildar |
| 21 | 160 | Suit by a tenant for recovery of any amount recovered inexcess of rent. | Three years | Date of payment. | As in the Court Fees Act. | Tehsildar |
| 22 | 179 | Suit for compensation or injunction or the repair of damage orwaste | One year | When the damage is done or waste begins or condition isbroken. | One Rupees | Assistant Collector |
| 23 | 183 | Suit for ejectment of trespasser. | Twelve years | When the cause of action arises | One Rupee | Assistant Collector |
| 23-A | 187 | Suit for recovery of possession or for compensation or forboth. | Three years | Commencement of the Rajasthan Tenancy (Third Amendment) Act.1960 or when wrongful ejectment or dispossession takes place orthe tenant is prevented from obtaining possession, which everymay be later. | One Rupee | Assistant Collector |
| 23-B | 187-B | Summary suit for reinstatement based of possession. | Six Months | When ejectment or dispossession takes place. | Fifty Paise | Assistant Collector |
| 23-C | 188 | Suit for perpetual injunction. | Three years action arises | When the cause of | One Rupee | Assistant Collector |
| 24 | 191 | Suit by estate holder for ejectment of a village servant. | None | None | One Rupee | Assistant Collector |
| 25 | 194(3) | Suit for division of grove land. | None | None | One Rupee | Assistant Collector |
| 26 | 197 read with Chapter IX & X | Suit by or against grove holders in relation to determination,modification, recovery and payment of rent. | As in relation to a Khatedar tenant or a landholder, as thecase may be. | As in relation to a Khatedar tenant or a landholder, as thecase may be. | As in relation to a Khatedar tenant or a landholder, as thecase may be. | As in relation to a Khatedar tenant or a landholder, as thecase may be. |
| 27 | 198 read with Chapter XI. | Suit by or against holders for ejectment. | As in relation to a Khatedar tenant or a landholder as thecase may be. | As in relation to a Khatedar tenant or a landholder, as thecase may be. | As in relation to a Khatedar tenant or a landholder, as thecase may be. | As in relation to a Khatedar tenant or a landholder, as thecase may be. |
| 27-A | 198-A read with Chapters VIII. | Suits by or against grove holders for declaration or rightsand other matters specified in those chapters. | As in relation to a Khatedar tenant or a landholder as thecase may be. | As in relation to a Khatedar tenant or a landholder, as thecase may be. | As in relation to a Khatedar tenant or a landholder, as thecase may be. | As in relation to a Khatedar tenant or a landholder, as thethe case may be. |
| 28 | 199 read with Chapters IX and X | Suit by or against Ijaredars or Thekadars in relation tomatters specified in Chpaters IX and X subject to the provisionsof section 199. | As in relation to a Khatedar tenant or a landholder, as thecase may be. | As in relation to a Khatedar tenant or a landholder, as thecase may be. | As in relation to a Khatedar tenant or a landholder, as thecase may be. | As in relation to a Khatedar tenant or a landholder, as thecase may be. |
| 29 | 202 | Suit for ejectment of an Ijaredar or Thekadar. | None | None | One Rupee | Assistant Collector. |
| 30 | 203 | Suit by an Ijaredar or Thekadar for compensation. | One year action arises. | When the cause of Act | As in Court Fees | Assistant Collector |
| 31 | 246 | Suit for arrears of rent, revenue for compensation | Three years become due. | When the arrears Act. | As in Court Fee | Tehsildar |
| 32 | 247 | Suit for the amount paid as arrears of revenue or rent onaccount of: | Three years | When the payment was made. | As in Court Fees Act. | Tehsildar. |
| (i) a co-sharer, or | ||||||
| (ii) an estate holder. | ||||||
| 33 | 248 | Suit by or against Ijaredars or Thekedars for recovery ofamount paid as arrears of revenue or rent. | Three years | When the payment was made. | As in Court Fees Act | Tehsildar. |
| 34 | 259 | Suit for settlement of accounts and division of profits. | Threes years became divisible | When the profits | As in Court Fees Act. | Tehsildar. |
| 35 | General | Any other suit in respect of any matter arising under this Actin specifically provided for elsewhere in this Schedule. | One year | When the cause of action arises. | One Rupee | Assistant Collector. |
| Part-II Applications | ||||||
| 35-A | 15(3) | Application for declaration of having acquired Khatedarirights. | Three years | Date of Commencement of | Fifty paise. | Assistant Collector. |
| 35-B | 15(2) | Four years | '' | '' | '' | |
| 35-C | 15-AAA-(2) | Application for declaration of Khatedari rights in IndiraGandhi Canal area. | One year | Date of commencement of the Rajasthan Tenancy (Amend) Act,1979. | Fifty Paise | Assistant Collector or prescribed authority |
| 35-CC | 15-AAA-(3) | Application for gram of Khatedari rights in the Indira GandhiCanal Area | Up to 30.6.1987 or the day upto which period is extended byState Govt. | Fifty Paise | Assistant Collector or any other Officer or authorityauthorised by the State Government. | |
| 35-D | 19(2) | Application for declaration of having acquired Khatedariright. | Two years | Date of commencement of the Rajasthan Tenancy (Amend.) Act.1959. | Fifty Paise | Assistant Collector |
| 35-E | 19(2A)(i) | Institution of proceedings or application for declaration ofhaving acquired Khatedari rights. | One year | Date of commencement of the Rajasthan Tenancy (Amend.) Act,1979. | Fifty Paisa on application None on suo moto proceedings. | Assistant Collector. |
| 36 | 19-(2A)(iv) | Application for restitution of possession. | Six months | Date on which declaration is made under section 19(2A)(i) or19(2A)(ii) | Fifty Paise | Assistant Collector |
| 36-A | 19(4) | Application by tenant of Khudkasht or sub-tenant that he doesnot wish to acquire Khatedari rights. | Three years | Date of commencement of the Rajasthan Tenancy (Amend.) Act.1959. | Fifty Paisa. | Assistant Collector |
| 37 | 30-E(2) | Surrender of land in excess of ceiling area. | Six months under sec. 30E(i) | Date Notified | None | Tehsildar. |
| 38 | 31 | Application of allotment of site for residential house. | None | None | Fifty Paisa | Tehsildar. |
| 38-A | 33 | Application or attestation of leases. | Four months | Date of execution. | Fifty Paisa by Government. | Officer or person appointed |
| 38-B | 36-A | Application for acquisition of right to Nalbat. | One year, commencement of the Raj. Tenancy (Amend.) Act, 1959. | Date of | One Rupee | Sub-Divisional Officer. |
| 38-C | 42-A | Application for declaration as valid of sale, gift or bequest. | One year. | Date of commence. Of the Raj. Tenancy (Amend.) Act, 1981. | Fifty Paisa. | Collector or any officer or authority authorised by the StateGovernment |
| 39 | 49 | Application for exchange for consolidation. | None | None | Fifty Paisa. | Assistant Collector |
| 40 | 61(1) | Application for issue of a proclamation relating toabandonment. | None | None | Fifty Paisa. | Tehsildar |
| 41 | 62(2) | Application for re-instatement and restoration of holdingtreated as abandoned. | One year | Date of service of publication or proclamation. | One Rupee | Tehsildar. |
| 41-A | 63(2) | Application for acquisition of right of tenants-in-chief. | One year. | Date of extinction of interest of tenant-in-chief. | One Rupee | Sub-Divisional |
| 42 | 67 | Application by land holder for sanction to make improvement | None | None | Fifty naye Paise | Tehsildar. |
| 43 | 69 | Application by tenant for permission to make an improvementwhich the landholder desires to make. | None | None | Fifty naye Paise | Tehsildar |
| 43-A | 72 Proviso | Application for commutation of rent. | None | None | One Rupee | Sub-Divisional Officer |
| 44 | 77 | Application for registration of out-lay on improvements. | Six months | Date of completion of work. | Fifty naye Paise. | Tehsildar |
| 45 | 78 | Application for decision of a dispute as to improvement of thenature specified in section 78 | None | None | Fifty naye Paise | Assistant Collector. |
| 46 | 79(2) | Application for an order prohibiting the planting of trees orthe removal of trees already planted. | None | None | Fifty naye Paise | Tehsildar |
| 46-A | 80 | Application for payment of compensation for trees which havevested in a Khatedar tenant under this section, but are theproperty of any other person. | Six years | Date of commencement of Act. | Fifty naye Paise. | Tehsildar. |
| 46-B | 81 | Application for payment of compensation for trees standing onunoccupied land let out to any person other than the owner of thetrees. | Two years | Date of commencement of Act. | Fifty naye paise. | Tehsildar. |
| 47 | 84(5) | Application of licence to remove trees. | None. | None | Fifty Paise | Sub-Divisional Officer. |
| 48(1) | 85 | Application for decision of a dispute as to trees, of thenature specified in section 85. | None | None | Fifty Paise | Tehsildar |
| 48(2) | 86 | Application or report for penalising unlawful removal trees. | Three years | Date of contravention. | Fifty Paise. | Assistant Collector. |
| 48-A | 102 | Application for recovery of excess rent realised. | Three years | Date of realisation | Fifty Paise | Tehsildar |
| 48-B | 193 | Application for conversion of rents | None | None | Fifty Paise | Tehsildar |
| 49 | xxx | |||||
| 50 | xxx | |||||
| 51 | 117 | Application for determination of rent on partial ejectment orsurrender. | None | None | Fifty Paise | Assistant Collector |
| 52 | 117(1) | Application for settlement of dispute regarding any harvest. | None | None | One Rupee | Tehsildar |
| 53 | 117(2) | Application for award on a dispute as to the practice for thepayment of rent. | None | None | One Rupee | Tehsildar |
| 53-A | 118(3) | Application for communication of rent. | None | None | One Rupee | Assistant Collector |
| 53-B | 120 & 121 | Application of enhancement of rent. | None | None | None | Assistant Collector |
| 53-C | 120 & 124 | Application for abatement of rent | None | None | One Rupee | Assistant Collector |
| 54 | 139 | Application for deposit of rent. | None | None | Fifty Paise | Tehsildar |
| 55 | 140(4) | Application of repayment of deposit | None | None | Fifty Paise | Tehsildar |
| 56 | 114(5) | Application for compensation on account of abstruction totendings cutting etc. of crop. | None | None | Fifty Paise | Tehsildar |
| 57 | 148 | Application for deputing an officer to make division estimateor appraisement. | None | None | One Rupee | Tehsildar |
| 57-A | 149(8) | Application for bond or attachment | None | None | Fifty Paise | Tehsildar |
| 58 | 160 | Application for realising arrears of rent as arrears of landrevenue. | None | None | One Rupee | Collector |
| 59 | 164 | Application for compensation on ejectment | None | None | One Rupee | Court before which ejectment proceeding are pending |
| 60 | 166(2) | Application for determination of the value of crop or trees. | None | None | One Rupee | Court executing decree or order for ejectment |
| 61 | 169 | Application for issue of notice | None | None | Fifty Paise | Tehsildar |
| 62 | 170 | Application for setting aside an order passed exparte. | One month | Date of order | Fifty Paise | Tehsildar |
| 63 | xxx | |||||
| 64 | 174(2) | Application for issue of notice | As in Serial No. 83. | As in Serial No. 83. | As in Serial No. 83. | As in Serial No. 83 |
| 65 | 175(5) | Application for extension of time for payment of decreedamount or for payment by instalments. | None | None | Fifty Paise | Court executing the decree |
| 66 | 175 | Application for ejectment for illegal transfer or sub-letting. | Thirty years | Date of transfer or sub-lease | One Rupee | Assistant Collector |
| 67 | 177 | Application for ejectment for detrimental act or breach ofcondition. | Three years | When the detrimental or inconsistent act done or the conditionis broken. | One Rupee | Assistant Collector |
| 68 | 180 | Application for ejectment of a Gair Khatedar tenant, tenant ofKhudkhasht or Sub-tenant- | ||||
| (i) under clause (a) or (d) | ||||||
| (a) by any of the Persons enumerated in section 46. | Three years commencement of Act or three years from cessationof which ever may be latter. | From date of | Fifty Paise | Assistant Collector | ||
| (b) in any other case. | Three years of Act. | Date of commencement | Fifty Paise | Assistant Collector. | ||
| (ii) Under clause (b) and (c) | One year action arises. | When that cause of | Fifty Paise | Assistant Collector | ||
| 68-A | 182-B | Application for restoration of land from which ejected oracquisition of Khatedari rights therein. | Three years | Date of actual ejectment | One Rupee | Sub-Divisional Officer. |
| 68-B | 183-A | Application for the summary eviction of the mortgagee onnon-delivery of possession of land after expiry of the period ofmortgage. | Twelve years | Date of expiry of the period of montage and where such periodsdeem to have expired under sub-section (4A) of sec.43 before thedate of the commencement of the Rajasthan Tenancy (Amend.)Ordinance 1978, the date of such commencement. | Fifty Paise | Assistant Collector. |
| 68-C | 183-B | Application for summary ejectment of trespasser of the landheld by a member of scheduled caste or scheduled tribe. | Twelve years | When the cause of action accrued. | Fifty Paise | Tehsildar [w.e.f. 26.05.1989.] |
| 69 | 186 | Application for re-instatement | Three months | Date of commencement of Act or of wrongful ejectment ordispossession. | Fifty Paise | Collector |
| 69-A | 188 | Application for enhancement of rent. | None | None | '' | Assistant Collector |
| 70 | 192 | Application by village servant for possession orre-instatement. | Six months | Date of dispossession | Fifty paise | Tehsildar |
| 71 | 197 read with Chapter IX and X | Application by or against grove-holders in relation torecovery and payment of rent. | As in relation to a Khatedar tenant or a landholder, as thecase may be. | As in relation to a Khatedar tenant or a landholder, as thecase may be. | As in relation to a Khatedar tenant or a landholder, as thecase may be | As in relation to a Khatedar tenant or a landholder as thecase may be |
| 72 | xxx | |||||
| 73 | 195 read with Chapter VI | Application by or against grove-holders in relationimprovements. | As in relation to a Khatedar landholder, as the case may be | As in relation to a Khatedar landholder, as case may be | As in relation to a Khatedar landholder, as the case may be. | As in relation to a Khatedar landholder, as the case may be. |
| 74 | 198 read with Chapter XI | Application by or against grove-holders in relation toejectment. | -do- | -do- | -do- | -do- |
| 74-A | 198-A read with Chapter VIII, XV and XVI | Application by or against grove-holders for declaration ofrights and other matters specified in those Chapters. | As in Serial No. 27-A | As in Serial No. 27-A | As in Serial No. 27-A | As in Serial No. 27-A |
| 75 | 199 read with Chapter IX and X | Application by or against Ijaredars or Thekedars in relationto matters specified in Chapters IX and X subject to theprovisions of section 199. | As in relation to a landholder | As in relation to a landholder | As in relation to a landholder | As in relation to a landholder |
| 76 | Application for review- | Six months | Date of decree or order | As in Court Fees Act | ||
| (i) to the Board | ||||||
| (ii) to other Revenue courts | ||||||
| 77 | Application for revision to the Board | None | None | Two Rupees | ||
| 78 | Application for revision to the High Court | None | None | Two Rupees | ||
| 79 | Application for exercise of the power conferred by section232. | None | None | One Rupee | ||
| 80 | Application for transfer presented to:- | |||||
| (i) a Sub-Divisional Officer, | None | None | Fifty Paise | |||
| (ii) a Collector, | None | None | Fifty Rupees | |||
| (iii) (HHH) | ||||||
| (iv) the Board, or | None | None | OneRupees As in the Court Fees Act | |||
| (v) the High Court | None | None | ||||
| 81 | 251 | Application for decision of a dispute as to right of way orother easement or right | None | None | One Rupee | Tehsildar |
| 81. [A [Inserted by Act No. 1 of 2012, dated 18.1.2012.] | 251-A | Application for laying under-ground pipeline or opening a newway through another Khatedar's holding or enlarging or wideningthe existing way | None | None | One Rupee | Sub-Divisional Officer.] |
| 82 | 252 | Application by tenant for compensation on account of illegalexactions. | None | None | One Rupee | Tehsildar |
| 83 | General | Application for the execution of a decree | As in the case of a Civil Court decree | As in the case of a Civil Court decree | One Rupee | Court which passed the decree |
| 84 | General | Application in a pending suit, appeal or other proceedingswhen 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 in respect of any matter under this Actnot specifically provided for elsewhere in this Schedule. | Three years | When the cause of action arises | Fifty Paise | Assistant Collector. |
| 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 appellate authority | Sixty days | Date of decree | Same as on plaint | …....... | ||
| 89 | xxx | Appeals from appellate decrees:- | ||||
| (i) to the revenue appellate authority | Sixty days | Date of decree | Same as on 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 appellate authority | Sixty days | Date of Order | One Rupee | …..... | ||
| (iii) to the Board | Ninety days | Date of Order | One Rupee | …...... |
| 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 Code | Modification |
| 1 | 2 | 3 |
| 1 | Section 33 | No decree need be prepared in the case of application underthis Act unless the preparation of a decree is speciallyprescribed. |
| 2 | Section 55 | Clause(c) and the proviso shall be omitted. |
| 3 | Section 60 | To the particulars not liable to attachment or sale shall beadded "manure stocked by an agriculturist." |
| 4 | Section 122 | in this Section:- |
| (i) For the expression "High Court not being the Court ofa Judicial Commissioner" the expression - "The Board"shall be substituted. | ||
| (ii) Between the words- "from time to time" and"after previous publication" the words - "afterprevious sanction of the State Government and" shall bedeemed 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 beinserted after the word decree' wherever it occurs". |
| 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 ofcases, so directs, be served by post in addition to another modeor service. |
| 7 | order VII Rule 1 | In addition to the particulars contained in this rule, plaintshall specify the name of the village and tehsil or other localarea in which the land to which the suit or proceeding relates issituated and, unless such land can be otherwise adequatelydescribed, the number of each field according to survey, and ifthe suit is for arrears of rent the plaint shall contain astatement of account showing the demand for each period to whichthe relates, the amount, if any, received and the amount claimedto be; and, if the suit or proceeding is for ejectment of atenant the plaint or application shall set forth the ground orgrounds on which such ejectment issued or applied for, |
| 8 | Order XX, Rule 6. | Every decree for rent shall also state the amount, includinginterest, due on account of each agricultural year in respect ofwhich relief is granted. |
| 9 | Order XXI | No application for the execution of a decree shall be made byan assignee of the decree unless the assignor's interest in theland to which it relates has becomes and is vested in suchassignee. |
| 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 thejudgment debtor or and he words or by both" shall beomitted. |
| 10 | Order XLI Rule and With Order XLII | In addition to the copies required by this rule, everymemorandum of second appeal shall be accompanied by a copy of thejudgment of the original court. |
| 11 | xxx | |
| 12 | xxx |