Section 5 in The Rajasthan Zamindari and Biswedari Abolition Act, 1959
5. Consequences of abolition.
(1)After the issue of a notification under sub-Section (1) of Section 3, no right shall be acquired in or over any land in an estate affected thereby except by succession or under a grant or contract in writing made or entered into by or on behalf of the State Government and no fresh clearings for cultivation of for any other purpose shall be made in such land by or on behalf of the holder of such estate otherwise than in accordance with rules made by the State Government in this behalf.(2)As from the date of vesting of any Zamindari or Biswedari estate in the State Government, notwithstanding anything contained in any contract, grant or other document or in any law for the time being in force but save as otherwise provided in this Act-(a)such estate shall stand transferred to, and vest in, the State Government free from all encumbrances;(b)the right, title and interest of the Zamindar or Biswedar and of every person claiming through him, in such estate, including land (cultivable, waste or barren) grove-land, grass land or birs, scrub jungle, forests, trees, fisheries, hills, wells, tanks, ponds, water courses and channels, ferries, pathways, village sites, abadi sites, hats, bazars, meals and mela grounds, and in all sub-soil therein, including rights, if any, in quarries and mines whether being worked or not and in all mineral and mineral products, shall cease and be vested in the State Government, free from all encumbrances,for the purposes of the State, and every mortgage, debt or charge on any such right, title or interest shall be a charge on the amount of compensation payable to the Zamindar or Biswedar under this Act;(c)all grants and confirmations of title of or to land in such estate or of or to any right or privilege in respect of such estate or land revenue in respect thereof shall, whether liable to resumption or not, determine;(d)every right, title or interest created in or over such estate by the Zamindar or Biswedar or his predecessor-in-interest shall, as against the State Government, cease and determine;(e)all rents and cesses in respect of any holdings in such estate for any period after the date of vesting, which, but for such vesting, would have been payable to the Zamindar or Biswedar, shall vest in and be payable to the State Government,and any payment made in contravention of this clause shall not be a valid discharge of the person liable to pay the same;(f)where under an agreement on contract made before the date of vesting any rent, cess or sayar for any period after such date has been paid to, or compounded or released by, the Zamindar or Biswedar, the same shall, notwithstanding the agreement or contract, be recoverable by the State Government from such Zamindar or Biswedar;(g)all arrears of revenue, cesses and other dues in respect of any such estate due from the Zamindar or Biswedar for any period prior to the date of vesting shall continue to be recoverable from him;(h)all loans advanced by the State Government or the Court of Wards to the Zamindar or Biswedar together with interest thereon, if any, and all arrears due from him on account of tax on agricultural income assessed under the Rajasthan Agricultural Income Tax Act, 1953 (Rajasthan Act 23 of 1953) or on account of any other tax, cess, rate, fee, duty, penalty or charge payable by such Zamindar or Biswedar under any law for the time being in force for any period prior to the date of vesting, shall continue to be recoverable from him;(i)the right, title and interest of the Zamindar or Biswedar in such estate shall be liable to attachment or sale in execution of any decree or other process of any court, civil or revenue, and any attachment existing at the date of vesting or any order for attachment passed before such date shall, subject to the provisions of Section 73 of the Transfer of Property Act, 1882 (Central Act IV of 1882), cease to be in force;(j)every mortgage with possession existing on such estate or part thereof on the date immediately preceding the date of vesting shall, to the extent of the amount secured on such estate or part, be deemed, without prejudice to the rights of the State Government under this section, to have been substituted by a simple mortgage;(k)no claim or liability enforceable or incurred before the date of vesting against or by the Zamindar or Biswedar for any money which is charged on or is secured by a mortgage of such estate or part thereof shall, except as provided in Section 73 of the Transfer of Property Act, 1882 (Central Act IV of 1982), be enforeable against his right, title or interest in such estate or part;(l)[ subject to any rules made in this behalf, all suits and proceedings affecting such estate, in which, because of the same having vesting in the State Government, the latter will be a necessary party, pending in any court, civil or revenue, at the date of vesting and all proceeding consequent upon any decree or orders passed in any such suit or proceeding before such date, shall not be proceeded with till, on an application made in that behalf, the State Government is made a party thereto] [Substituted and shall be deemed always to have been substituted vide section 2 of Rajasthan Act No. 35 of 1960-Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 29.9.1960.];(m)the Zamindar or Biswedar shall cease to be liable to pay and shall not be required to pay to the State Government land revenue payable by him in respect of such estate or part thereof for any period after the date of vesting.(3)Without prejudice to any other mode of recovery, the amounts recoverable from a Zamindar or Biswedar under clauses (f), (g) and (h) of sub-Section (2) may be realised by deducting the same from the amount of compensation payable to him under this Act.(4)Notwithstanding anything contained in sub-section (2) the Zamindar or Biswedar shall, subject to the provisions of Section 29, continue to retain the possession of his Khudkasht, recorded as such in the annual registers before the date of vesting.(5)Nothing contained in this section shall-(a)render the State Government liable for the payment of debts incurred by the Zamindar or Biswedar for which he shall be personally liable, or(b)preclude the State Government from remitting wholly or in part any loans advanced by the State Government to the Zamindar or Biswedar and utilised by the latter for the economic or agricultural development of his estate than his Khudkasht land, or(c)affect the right of any person to continue to enjoy any easement or other similar right for the more beneficial enjoyment of such person's land which he was enjoying on the date immediately preceding the date of vesting, or(d)operate as a bar to the recovery by the Zamindar or Biswedar by any process of law which, but for this Act, would, be available to him of any sum which is legally due to him by virtue of his right, title or interest in his estate in respect of any period prior to the date of vesting:Provided that no decree for an arrear of rent of order for ejectment in default of payment of an arrear of rent shall be executed by ejectment of the judgment-debtor from his holding.
