The rajasthan colonisation act,1954

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LAW DEPARTMENT
NOTIFICATION
Jaipur, December 23, 1954.
No. F. 12(24)-L/54.& The following Act of the state legislature which received the
assent of His Highness the Rajpramukh on the 17 th day of December, 1954 is
hereby published for general information:-
THE RAJASTHAN COLONISATION ACT, 19541.
(Act No. XXVII of 1954).
[Received the assent of His Highness the Rajpramukh on the 17 th day of
December, 1954]
An
Act,
to make better provision for the colonisation and administration of lands in
Rajasthan.
Be it enacted by the Rajasthan State Legislature in the fifth year of the Republic of
India as follows:-
1. Short title and extent.- (1) This Act may be called the Rajasthan
Colonisation Act, 1954.
2[(2) It extends to the whole of the State of Rajasthan.]
2. Definitions.- In this Act, unless the context otherwise requires –
(i) “Collector” means the Collector of the district and includes:–
(a) any officer appointed by the State Government to perform all or any of
the functions and exercise all or any of the powers of the Collector under this Act,
and
(b) any officer appointed before or after the commencement of this Act for
purposes of colonization;
3[(ii) “colony” means any area to which this Act shall, by notification in the
Official Gazette, be applied by an order of the State Government, or in respect of
minor irrigation projects, by an order of the Collector authorised by the State
Government in this behalf;]

1.Published in Raj. Gaz. Part IV-A E, dated 24.12.1954.

2.Substituted by Rajasthan Act No. 27 of 1957.

3.Substituted by Rajasthan Act No. 16 of 1991.
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1(iii) [x x x.]
(iv) “improvement” means –
(a) the construction and renovation of wells, tanks, bunds and water channels,
and
(b) the planting of trees and the draining, reclaiming, clearing, enclosing,
leveling and terracing of land,
but does not include such temporary works as are done by tenants or sub -tenants,
without any special expenditure, in the ordinary course of agriculture;
2 [(v) “land” means land belonging to all or any of the following categories,
namely:-
(a) land as defined in clause (24) of section 5 of the Rajasthan Tenancy Act,
1955 (Rajasthan Act3 of 1955);
(b) land acquired under the provisions of the Rajasthan Land Acquisition
Act, 1953 (Rajasthan Act 24 of 1953) for the purpose of Government or a local
authority or an educational institution, while such land remains the property of
Government or such local authority or educational institution, as the case may be;
(c) land surveyed and recorded, whether before or after the commencement
of this Act, as belonging to the Government or a local authority which is used for
any public purpose such as a road;
(d) land surveyed and recorded as aforesaid for the use of the community
such as, gochar, cremation-ground grave-yard, road or pathway;

(e) land in the possession of Government or a local authority obtained by transfer
or otherwise;

(f) abadi land within the limits of a municipality or a panchayat circle or a village,
town or city, vesting in the State Government, and

(g) land within the abadi area vesting in a local authority or land recorded and set
apart for the development of abadi or of mandis or for other public or municipal
purposes;
and includes benefits to arise out of such land and things attached to the earth or
permanently fastened to anything attached to the earth.]

1. Omitted by Rajasthan Act No. 08 of 1962.
2. Substituted by Rajasthan Act No. 38 of 1958.

(vi) “land cultivated personally” with all its grammatical variations and cognate
expressions, means land cultivated on one’s own account-
(i) by one’s own labour, or
(ii) by the labour of any member of one’s family, or
(iii) by servants on wages payable in cash or in kind (but not byway of a
share in crops) or by hired labour under one’s personal supervision or
the personal supervision of any member of one’s family or one’s
manager or agent:
Provided that in the case of a person who is a widow or a minor or is subject
to any physical or mental disability or is a member of the military, naval or
air service of India or who, being a student of an educational institution
recognized by the State G overnment, is below the age of twenty five years,
land shall be deemed to be cultivated personally even in the absence of such
personal supervision;
1[(vi-a) “Major Irrigation Project” means the works constructed to use surface
water for irrigation of a culturable commanded area of more than 10,000 hectares;
(vi-b) “ Medium Irrigation Project” means the works constructed to use surface
water for irrigation of culturable commanded area of more than 2000 hectares but
not more than 10,000 hectares;
(vi-c) “ Minor Irrigation Project” means the works constructed to use surface water
for irrigation of culturable commanded area upto 2000 hectares;]
(vii) “prescribed” means prescribed by or under this Act;
2[(vii-a) “Project Officer” means an Officer appointed by the State Government to
exercise the powers and perform the duties assigned to such officer under this Act;]
(viii) “public purpose” includes fair and equitable distribution of agricultural land
among the various landless tenants;
3[(viii-a) “Tehsildar” means Tehsildar appointed u nder the Rajasthan Land
Revenue Act, 1956(Act No. 15 of 1956) and includes any officer authorised by the
State Government, by notification in the Official Gazette, to perform the functions
and exercise the powers of the Tehsildar under this Act;]
(ix) “tenant” means any person holding land in a colony and includes his
predecessors and successors in interest and transferees.

1. Inserted by Rajasthan Act No. 16 of 1991.
2. Added by Rajasthan Act No. 23 of 1974.
3. Added by Rajasthan Act No. 05 of 2007.
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3. Application of Act.- This Act shall apply to all lands in a colony.

4. Power to withdraw a colony from the operation of the Act. - The State
Government may at any time, by notification in the 1[Official Gazette,]
withdraw a colony or any part of a colony from the operation of all or any of
the provisions of this Act.

2[The State Government may also authorise a Collector to exercise the
aforesaid powers in respect of a minor irrigation project for whole
colony area or any part thereof within the local limits of the district.]

5. Applicability of tenancy and land revenue laws. - (1) Except as
otherwise provided in this Act, the laws relating to agricultural tenancies,
land, the powers, duties, jurisdi ction and procedure of revenue courts, the
survey and record operations, the settlement and collection of revenue, rent
and other demands and the partition of estates and tenancies, for the time
being in force in a colony, shall, in so far as may be applic able, apply to
tenancies held and to proceedings conducted under this Act.

(2) Nothing in such laws shall, however, be so construed as to vary or
invalidate any rule made, or any condition entered in any statement of
conditions issued, by the State Government under this Act.

1.Substituted by Rajasthan Act No. 27 of 1957.
2. Inserted by Rajasthan Act No. 16 of 1991.

6. I nvesting Colonisation Officers with powers of Revenue Courts. - The State
Government may, by order published in the 1[Official Gazette,] invest any officer
appointed for colonisation of the colony with all or any of the powers of a revenue
court or officer, other than the Board of Revenue, for the purpose of trying and
hearing all or any specified classes of 2[applications,] suits or appeals arising in a
colony.
7. Issue of statement of conditions of tenancy. - (1) The State Government may
grant land in a colony to any person on such conditions as may be prescribed.
(2) The State Government may issue a statement or statements of t he
conditions on which it is willing to grant land in a colony 3[to any person.]
(3) Where such statements of conditions have been issued, the Collector
may, subject to the control of the State Government, allot land to any person, to be
held subject to such conditions contained in the statement issued under sub -section
(2) of this section as the Collector may, by written order, declare to be applicable
to the case.
(4) No person shall be deemed to be a tenant or to have any right or title in
the land alloted to him until such a written order has been passed and he has taken
possession of the land with the permission of the Collector, and after possession
has been so taken, the grant shall be held subject to the conditio ns declared
applicable thereto 4[:]
5[Provided that where the allotee dies after such written order has been
passed but before taking possession of the allotted land, his spouse or in case the
spouse is not alive his legal heirs dependent on him may take possession of the
allotted land.]

1. Substituted by Rajasthan Act No. 27 of 1957.
2. Inserted by Rajasthan Act No. 12 of 1983.
3. Substituted by Rajasthan Act No. 12 of 1983.
4. Substituted by Rajasthan Act No. 05 of 2007.
5. Added by Rajasthan Act No. 05 of 2007.

8. Legal effect of conditions. - (1) Nothing contained in the Transfer of Property
Act, 1882 (Act IV of 1882), shall apply to the grant of any tenancy under section 7
or to any conditions imposed or any statement of conditions issued thereunder.
(2) All conditions under or subject to which a grant of tenancy is made
under section 7 shall be valid and take effect according to their tenor,
notwithstanding anything to the contrary contained in any rule or law.
1[9. Rectangularisation of fields and carrying out and maintenance of land
development works.- (1) The Collector may direct all or any section of allottees or
tenants to effect rectangularisation of their fields.
(2) For the purpose of carrying out land development works for optimum
utilization of irrigation waters and or the saving of land from damage, the Collector
may,
(i) direct the said allottees and tenants to carry out, at their own cost and
as per plans and specifications approved by the Project Officer, land
leveling work, reshaping of the fields, by division into rectangular
bounded strips each connected to a water course and drains ,
excavation of water courses and drains, lining of water courses, soil
treatment and land reclamation. Non -compliance of any such
directions shall be deemed to be a breach of the conditions imposed
by this Act;
(ii) direct the taking over of temporary possession of land belonging to
any section of allottees or tenants temporarily for a pe riod not
exceeding three months, and the tenant or allottee concerned shall be
bound to surrender the said land and shall not be entitled to any
compensation for a period of occupation extending up to three
months. In case the development work is no t completed within three
months, the Collector may extend this period for another one month
for valid reasons. The tenant or allottee concerned shall be entitled for
such compensation as determined by the Collector for the period
extending beyond three months;

1. Substituted by Rajasthan Act No. 23 of 1974.

(iii) before taking proceedings for taking possession under clasue (ii)
cause to be served in the pres cribed manner on the tenant or allottee
concerned a notice specifying the land to be taken over and calling on
him to hand over possession by a certain date or to appear and show
cause why the possession of the land in question should not be taken
for the purpose of carrying out the land development work;

Where the tenant or allottee concerned:-
(a) does not hand over possession nor make appearance in response to
the notice issued as above; or
(b) does not show any cause; or
(c) makes any representation which is rejected after it has been
considered and a personal hearing given to him if this had been
desired,
the Collector may proceed to take possession in any manner he deems fit;
(iv) direct any section of allottees or tenants to exchange peacefully their
land for land elsewhere as nearby as may be, equal in value to the land
surrendered, such value being determined by the Collector, and to
hold it on the same terms and conditions, the s aid terms and
conditions to apply in like manner as if the land taken in exchange had
been the land held originally.
(3) In case of the land being in the possession of a sub -tenant or mortgagee, as the
case may be, under a valid lease or deed, the tenant s hall inform the Collector and
the provisions of sub -sections (1) and (2) shall apply to such sub -tenant or
mortgagee as if he were a tenant but the ultimate liability for the payment of the
cost of such development works shall in all cases be on the tenant . Such sub-tenant
or mortgagee shall be entitled to the compensation, if any, payable to the tenant for
the possession of the land under clause (ii) of sub-section (2) above:
Provided that such sub-tenant shall be liable to pay a proportionately higher
rent for the remaining period of the lease or such mortgagee shall be liable to
account for at the time of assessin g the re-payment of the debt amount, as the case
may be, for the increased income from the land after the land development works,
in accordance with the rules framed by the State Government for this purpose.

(4) If any allottee or tenant fails to comply with an order of the Collector under
sub-section (1) or clause(i) or clause (iv) of sub -section (2), within a period of one
month, the Collector shall have the right to get the work executed departmentally
or t hrough a Government approved agency and to recover the cost thereof as
arrears of land revenue and shall also have the right to enforce temporary
resumption, surrender or exchange of land, as the case may be.
8

(5) In pursuance of the above mentioned land development programme, all officers
and servants of the Government duly authori sed in this behalf shall have the right
to enter upon the land or any building thereon at all times and do all acts and things
necessary for or incidental thereto for enforcin g the execution of the said works or
ascertaining that they have been duly carried out:
Provided that no residential plot shall be so entered into except at a
reasonable time and after a notice of not less than 24 hours.]
10. Reservation of area for commo n needs of village. - The Collector may reserve
in any specified locality such area as he may deem necessary for village site,
grazing of cattle, roads and other common needs of the village and such
reservation shall, on notification in the 1[Official Gazette,] be deemed to be for a
“public purpose” as defined in the Rajasthan Land Acquisition Act, 1953.
11. False information by the tenant. - If any person who, after the commencement
of this Act, has been put in possession of land in a colony as a ten ant, shall have
given false information intending or having reason to believe that any officer of the
State Government may be thereby deceived regarding his qualifications to become
a tenant, he shall be deemed to have committed a breach of the conditions of his
tenancy.
12. Exchange .- Subject to any orders that he may receive from the 2[State
Government,] the Collector may allow any tenant to exchange the whole or any
part of his tenancy for other land in the colony and the land so taken in exchange
shall, in the absence of any special condition to the contrary to be recorded in
writing by the Collector, be deemed to be held on the conditions and subject to the
obligations on which the land so given in exchange was held.

1. Substituted by Rajasthan Act No. 27 of 1957.
2. Substituted by Rajasthan Act No. 08 of 1962.

1[13. Transfer of rights. - 2[(1) No tenant shall , without the previous consent in
writing of the State Government or an Officer of the State Government authoris ed
by it in this behalf, to be given on the fulfilment of such conditions as may be
prescribed, transfer his right or interest in land by way of sale, mortgage, exchange
or gift or shall creat e a charge thereon or shall sub -let the same for more tha n five
years except by way of exchange under s ection 12 or by way of mortgage or
charge to the State Government or to a b ank for the purpose of obtaining fin ancial
assistance from any of them.
3[Provided that the State Government may exclude any area or class of
tenants from the operation of sub-section (1).]
(2) A transfer or sub -lease made or charge created in contravention of sub -
section (1) shall be void and if the transferee, sub-lessee or, as the case may be, the
charge-holder has obtained possession of the land transferred, sub -let or, as the
case may be, charged or of any part thereof, he shall, after an opportunity of being
heard has been given to him and to the transferor , be liable to be ejected there from
under the o rders of the Collector and such land shall be resumed by the Collector
to the State Government.
Explanation.- For the purpose of sub-section (1) of this section-
(a) the expression “bank” shall have the same meaning a s is assigned
to it by clause (d ) of section 2 of the Rajasthan Agricultural Credit
Operations (Removal of Difficulties) Act, 1974 (Rajasthan Act 22
of 1974) and shall include Land Development Banks specified in
section 84 of the Rajasthan C o-operative Societies Act, 1965
( Rajashtan Act 13 of 1965) and such other bank or financial
institution which the State Government may, by notification in the
Official Gazette, specify as a bank for such purpose; and
(b) the expression “financial assistance” shall have the same meaning
as is a ssigned to it by clause (f) of s ection 2 of the Rajasthan
Agricultural Credit Operations (Removal of Difficulties) Act,
1974(Rajasthan Act 22 of 1974.)]

1. Substituted by Rajasthan Act No. 23 of 1974
2. Substituted by Rajasthan Act No. 12 of 1984
3. Substituted by Rajasthan Act No. 12 of 1989

1[13-A Validation of certain transfers and declaration of consent to transfer. -
(1) Notwithstanding anything contained in section 13, or in any other
provisions of this Act or in the rules made or statement of conditions issued
thereunder, but subject to section 42 of the Rajasthan Tenancy Act,
1955(Rajasthan Act 03 of 1955), where any transfer or sub -lease has been
made or any charge has been created by a tenant in whom Khatedari rights
have vested by or under this Act in contraventi on of sub -section (1) of
section 13 at any time before the commencement of the Rajasthan
Colonisation (Amendment) Act,1983, such transfer, sub -lease or charge
may, on an application being made to the Collector in this behalf in such
Form as may be prescrib ed and within 2[1425 days of such commencement
i.e. upto 30.06.1987] by the transferor, lessor or, as the case may be, the
person creating the charge or by the purported transferee, sub -lessee or, as
the case may be, the charge-holder or by any subsequent purported
transferee, sub -lessee or, as the case may be, charge -holder, be declared,
after holding such enquiry as he deems proper, as valid by him subject to
any of such persons as aforesaid making payment to the State Government ,
3[by way of compounding fee,] in the case of irrigated land of an amount of
Rs. 20,000/-per 25 bighas and in the case of barani or uncommand land of an
amount of Rs. 4,000/ - per 25 bighas or of an amount equal to the allotment
price of the land prescribed by the State Government in the statement of
conditions i ssued under sub -section (2) of s ection 7 or in any rule made
under this Act and in force on such commencement, whichever is less 4[in
four equal installments] as follows:-

1. Firstly inserted by Rajasthan Act No. 12 of 1983 and then substituted by
Rajasthan Act No. 12 of 1984.
2. Substituted by Rajasthan Act No. 2 of 1987.
3. Inserted by Rajasthan Act No. 2 of 1987.
4. Substituted by Rajasthan Act No. 2 of 1987.

(a) in the case of an the first, second,third and fourth installments
application made shall be payable respectively on 31.12.1984,
upto 31.12.1984 ; 30.06.1985,31.12.1985and 30.06.1986;

(b) in the case of an the first instalment shall be payable within fifteen days
application made from the date of such publication and the second,
after 31.12.1984 third and fourth instalments shall be payable respectively
but before the date within fifteen days, six months and one year from
of publication in the the date of the order of the Collector; and
Official Gazette of the
Rajasthan Colonisation
(Amendment)
Ordinance, 1986 i.e.
before 3.1.1987;
(c) in the case of an application the first instalment shall be payable alongwith the
made on or after the date of application and the second, third and fourth
such publication; instalments shall be payable within the periods
specified for such instalments in clause (b):

Provided that the State Government may, on being satisfield that it is necessary or
expedient to do so, extend by notificati on the period beyond 30 th June,1987, not
exceeding 1[five years and six months] upto the day as deemed fit:]
2[Provided further that where] any of the aforesaid persons pays to the State Government
the entire compounding fee in one lump -sum alongwith his application and within the
period specified in this sub-section, the amount of compounding fee payable by him shall
be deemed to be 25% less than that provided therein.
3[Provided also that the State Government may, on being satisfied that it is necessary or
expedient to do so in the public interest, extend by notification the period beyond 31 st
December,1992 upto the day as deemed fit:
Provided also that on the application s received during the period extended under
the preceding proviso the transfer, sub -lease or charge shall be declared valid onl y on the
condition that the applicant shall, in addition to the compounding fee payable under this
sub-section, be also liable to pay interest at the rate of eighteen per cent per annum on the
amount of the compounding fee for the period from 1st January, 1993 to the date of
application.]
4[(1-A) Where an allottee, in whom khatedari rights have not been vested, even after
seven years of allotment, under condition 9 of General

1.Substituted by Rajasthan Act No. 14 of 1992.
2.Substituted by Rajasthan Act No. 02 of 1987.
3. Substituted by Rajasthan Act No. 28 of 1995.
4. Substituted by Rajasthan Act No. 12 of 1989.

Colony Conditions, has transferred the land allotted to him or any right ther ein, in
contravention of sub -section (1) of s ection 13 of this Act, before the commencement of
the Rajasthan Colonisation (Amendment) Ordinance, 1988 (Ordinance No. 9 of 1988),
the Collector, on receiving an application from the allottee and the purported transferee in
this behalf, in the prescribed form, within 297 days of the commencement of the
Rajasthan Colonisation (Amendment) Ordinance, 1988 (Ordinance No. 9 of 1988) or
within such period, a s may be extended by the Government from time to time, may
subject to the provisions of section 42 of the Rajasthan Tenancy Act, 1955 (Rajasthan
Act No. 3 of 1955), declare such transfer valid after holding such enquiry as he deems
proper, subject to payment of all dues of the State Government by the transferee and also
subject to the payment of a sum of Rs. 50,000/ - per 25 bighas to the State Government in
case of irrigated or command land and a sum of Rs. 10,000/ - per 25 bighas in case of
barani or uncomm and land in four half yearly equal instal ments. Such transferee, shall
thereafter be entitled to khatedari right s under the Rajasthan Tenancy Act, 1955
(Rajasthan Act No. 3 of 1955):
Provided that where any of the aforesaid person s pays to the State
Government the entire compounding fee in one lump -sum alongwith his application and
within the period specified in this sub -section, the amount of compounding fee payable
by him shall be deemded to be 25% less than provided therein.
Explanation:- For the purposes of this sub-section,-
(a) “allottee” means the person to whom land has been allotted on price under the
rules made under this Act;
(b) “dues” in relation to the land allotted, shall include unpaid price of such land
and such other dues as are required under law to be paid by the allottee.
(2) Where on account of a transfer, sub-lease or charge having been made by a tenant in whom
khatedari rights have vested by or under this Act in contr avention of sub -section (1) of s ection
13, the Collector has passed an order for ejectment of the purported transferee, sub -lessee or, as
the case may be, the charge -holder or of any subsequent purported transferee, sub -lessee or, as
the case may be, the charge -holder under sub-section (2) of the said section or for resumptio n of
the tenancy of such tenant under clause (ii) of s ection 14, but any of such persons or such tenant
as aforesaid has not actually been ejected from the land transferred, sub -let or, as the case may
be, charged and the tenancy has not actually been resu med before the commencement of the
Rajasthan Colonisation (Amendment) Act, 1983, such tenant or any of such parsons as aforesaid
may, at any time within 1[1425 days of such commencement i.e. upto 30.06.1987 or within the
period extended by the State Govern ment under the first proviso to sub -section (1),] apply to the
Collector

1. Substituted by Rajasthan Act No. 2 of 1987.

for declaring the transfer, sub -lease or, as the case may be, the charge by such
tenant as valid under and in accordance with sub -section (1) and upon such
declaration having been made, any of such persons as aforesaid shall not be liable
to be ejected and the tenancy of such tenant shall not be liable to be resumed and
the order of ejectment or resumption of t enancy, as the case maybe, passed by the
Collector shall be deemed to have been withdrawn.
(3) Notwithstanding any judgment, decree, order, direction or per mission of
any court, officer or authority, all cases, in which previous consent in writing of the
Collector was not obtained under sub-section (1) of section 13 by a tenant in whom
khatedari rights have vested by or under this Act for transferring or sub -letting
such rights or, as the case may be , charging the same but subsequent consent as
aforesaid for such transfer, sub -letting or, as the case may be, charge had been
obtained by him from the Collect or or from any court, officer or authority or in
which clause (i) of s ection 14 was applied by any of them to such transaction
before the commencement of the Rajasthan Colonisation (Amendment) Act, 1983,
shall be re -opened by the Collector and shall be decided afresh by him in
accordance with this section after giving notice to the transferor, less or or, as the
case may be, the person creating the charge, the purported transferee, sub -lessee or
, as the case may be, the charg e-holder and to every subsequent purported
transferee, sub-lessee or, as the case may be, the charge-holder.
(4) Where compounding fee has been paid in accordance with this section,
no action shall be taken or proceeded further against the purported transferee, sub -
lessee or, as the case may be, charge -holder and no penalty shall be imposed on,
and no resumption of tenancy shall be made of, the tenant in whom khatedari rights
have vested by or under this Act, either under sub -section (2) of section 13 or
under s ection 14, as the case may be, for the breach of the same condition of
tenancy and arising due to the same contravention as aforesaid.
(5) Where a tenant mentioned in sub -section (1) or his purported transfere e,
sub-lessee or, as the case may be , charge -holder or any subsequent purported
transferee, sub-lessee or, as the case may be, charge -holder has already obtained a
declaration under that sub -section or under sub -section (2) or sub -section (3) after
making payment to the State Government of the amount of compounding fee under
this section as it stood prior to its substitution by the Rajasthan Co lonisation
(Amendment) Act, 1984, so much amount of the compounding fee paid as is in
excess of the amount of such fee specified in the proviso to sub -section (1), shall
be refunded to such tenant or, as the case may be, to any of such persons who made
the payment.

(6) Where,-
(a) any tenant in whom khatedari rights in land have vested by or under this
Act has, before the commencement of the Rajasthan Colonisation (Amendment)
Act, 1983, contracted to transfer for consideration such rights, or
(b) any tenant to whom khatedari rights in land have accrued before such
commencement had, before accrual of such rights to him, contracted to transfer for
consideration rights vested in him by or under this Act , by writing signed by him
or on his behalf from which the terms necessary to constitute the transfer can be
ascertained with reasonable certainty,
and the transferee has, before such commencement, in part performance of
the contrac t taken possession of the land or any part thereof, or the transferee,
being already in possession, continue in possession in part performance of the
contract and has done some act in furtherance of the contract,
and the transferee has paid the whole or pa rt of the consideration to the
transferor,
then the transferor or any person claiming under him and the transferee or
either of them may make an application in such form as may be prescribed on or
before the last day upto which an application can be made under sub-section (1) to
the Collector for declaration that the consent required of the Col lector under sub -
section(1) of section 13 to transfer such rights be deemed to have been granted and
if Collector , after making such enquiry as deemed fit, is satisf ied that the
conditions specified in this section and such other conditions as may be prescribed
are fulfilled, he shall, subject to the transferor or the transferee making payment to
the State Government of the amount calculated at the rate and in the manner
specified in sub -section (1) by way of compounding fee, by order in writing
declare that such consent to transfer such rights shall be deemed to have been
granted to the transferor or any person claiming under him and upon such
declaration being granted, the transferor shall, notwithstanding the fact that consent
of the Collector was not obtained by him as required by sub-section (1) section 13,
be competent to transfer validly the land contracted to be transferred and in the
event of the trans feror refusing to do so or his whereabouts being not known, the
transferee shall be competent to have the contract to transfer specifically enforced
in accordance with the provisions of law relating to specific performance of
contract for the time being in force.]

14. Penalty for breach of conditions. - When the Collector is satisfied that a tenant
in possession of land in a colony has committed a breach of the conditions of his
tenancy, he may, after giving the tenant an opportunity to appear and state his
objection,
(i) impose on the tenant a penalty not exceeding 1[two thousand rupees,] or
(ii) order the resumption of the tenancy:
Provided that, if the breach is capable of rectification, the Collector shall not
impose any penalty or order the resumption of the tenancy, unless he has issued a
written notice requiring the tenant to rectify the breach within a reasonable time,
not being less than one month to be stated in the notice and the tenant has failed to
comply with such notice.
15. Power of re -entry and provision as to compensation in certain cases. - Where
an order resuming the tenancy has been passed under section 14, the Collector may
order immediate re -entry upon and taking possession of the land, subject to the
payment of compensation, to be fixed by the Collector, for uncut and ungathered
crops and for the improvements, if any, that may have been made by the tenant:
Provided that, if the tenancy be allotted to any other person, the amount of
compensation, if any, paid to the out -going tenant shall be recoverable by the
Collector from the incoming tenant.
16. Provision for re -entry on and compensation or buildings on sites allotted for
residential purposes. - In any case where a tenant has been allotted a site for
residential purposes in consideration of his tenancy, and such tenancy has been
resumed under the provisions of sections 14 and 15 of this Act, the Collector may
order re-entry upon and taking possession of such site:
Provided that the Collector shall fix and pay to the said tenant reasonable
compensation for, or allow him to remove, any buildings or improvements made
by him on such site.

1. Substituted by Rajasthan Act No. 12 of 1983.

17. Saving of certain tenancies and conditions.- Nothing in section 14 or section 15
or section 16 shall apply to:-
(a) 1[XXX.]
(b) any breach of a condition regarding arboriculture included in any
statement of conditions other than a statement pertaining to tree planting tenants.
18. Sums due to 2[State Government] to be recoverable as arrears of land revenue.-
All sums due to t he State Government in respect of a tenancy granted u nder the
provisions of this Act or of the rules made and conditions issued there under, and
all sums due on account of fines, confiscations, costs and penalties shall be
recoverable as if they were arrears of land revenue.

19. Power to abrogate conditions. - The State Government may, at any time, by
notification in the 3[Official Gazette,] abrogate any of the limitations and
obligations imposed upon tenants as part of the conditions of their tenure.

20. Special conditions applicable to certain Khatedar tenants. - Notwithstanding
anything contained in any law or in any statement of c onditions issued under this
Act, a tenant who has previously to the commencement of this Act, acquired rights
in any land to which this Act, for the time being applies, shall in respect of such
land be bound by the conditions set out in the schedule to this Act.
21. Certain animals not liable to attachment or sale. - No animal maintained in
accordance with any prescribed statement of conditions shall be liable to
attachment or sale in execution of any decree.

1. Omitted by Rajasthan Act No. 23 of 1974.
2. Substituted by Rajasthan Act No. 27 of 1957.
3. Substituted by Rajasthan Act No. 27 of 1957.

1[22.Un-authorised occupation of land and re -entry.-(1) Any person who occupies or
continues to occupy any land in a Colony to which he has no right or title or without
lawful authority shall be regarded as a trespasser and may be summarily evicted the re-
from by the 2[Tehsildar] at any time at his own motion or upon the application of an
aggrieved person at whose disposal such land has been placed; and any c rops, trees and
buildings or any other constructions, erected or anything deposited on such land shall, if
not removed within such reasonable time as the 3[Tehsildar] may from time to time fix
for the purpose, be liable to be forfeited to the State and to be disposed of as the
4[Tehsildar] may direct:
Provided that the 5[Tehsildar] may, in lieu of ordering the forfeiture of any such
building or other construction, order the demolition of the whole or any part thereof.

6[(2) Such trespasser shall further be liable to pay, for each agricultural year during the
whole or any part whereof he has been in such unauthori sed occupation of the land, a
penalty which may extend to fifty times the annual rent, or assessment, as the case may
be, for the first act of trespass. In the case of each subsequent act of trespass, he shall, by
the order of the 7[Tehsildar], be liable to commitment to civil prison for a term which
may extend to three months and to pay penalty t o the extent as aforesaid. The a mount of
such penalty shall be recovered as an arrear of land revenue.]

(3) Before taking proceeding s for eviction under sub -section (1), the 8[Tehsildar] shall
cause to be served on the person reported to be occupying or continuing to occupy land
without lawful authority, a notice specifying such land and calling on him to appear and
show cause why he should not be evicted therefrom.

(4) In any of the following cases, namely :-
(i) where the trespasser neither vacates the land nor makes appearance
in response to the notice issued under sub-section (3); or
(ii) where in response to such notice the trespasser does not vacate the
land and makes appearance but –
(a) does not show any cause, or

1. Substituted by Rajasthan Act No. 23 of 1974.
2. Substituted by Rajasthan Act No. 05of 2007.
3. Substituted by Rajasthan Act No. 05of 2007.
4. Substituted by Rajasthan Act No. 05of 2007.
5. Substituted by Rajasthan Act No. 05of 2007.
6. Substituted by Rajasthan Act No. 04of 1976.
7. Substituted by Rajasthan Act No. 05of 2007.
8. Substituted by Rajasthan Act No. 05of 2007.

(b)makes any representation which is rejected after such enquiry and hearing
as may be necessary in the circumstances of the case;
the 1[Tehsildar] shall, unless in the case covered by clause (ii) above the trespasser
undertakes to vacate the land within a week’s time and vacates it within such time,
order the removal of the trespasser from such land and shall remove , or depute
any person to remove him there from and take possession thereof.]
23. Penalties.- If any person, without permission of an officer of the grade to be
specified by the State Government:-
(a) clears or breaks up for cultivati on or cultivates any land which is not
included in any tenancy or allotted residential enclosure or which has been set
apart for the common purposes of a town or village community or section of the
same or for a road, canal or water course; or
(b) erects any building 2[or any other structure for any purpose whatsoever]
on any such land; or
(c) fells or otherwise destroys standing trees on such land; or
(d) otherwise encroaches on any such land; or
(e) makes an excavation or constructs a water channel on any such land,
he shall, on complaint made by order of or under authority from the Collector, be
punished on conviction by a Magistrate with a fine not exceeding Rs 500/-
Explanation:- The felling of trees planted by a tenant on any village road or
watercourse traversing his holding is not an offence under this section.

1. Substituted by Rajasthan Act No. 05 of 2007.
2. Inserted by Rajasthan Act No. 38 of 1958.

24. Additional powers of Collector in regard to offences. - When the Collector is satisfied
that an act punishable under section 23 has been committed, he may in lieu of
proceedings against t he offender under that section or after conviction of the offender
under that section--
(i) in the case of an offence under section 23(a), confiscate the crops growing on
any land cultivated in contravention of this Act, or if the crops have been cut recover
such sum as he may assess as the value thereof from the offender;
(ii) in the case of an offence under section 23(c) recover such sum as he may
assess as the value of the tree or trees destroyed;
(iii) in the case of an offence under section 23(b), (d) or (e), cause the building or
other encroachment to be demolished or removed or the excavation or channel
to be filled up, and levy the cost of so doing from the person responsible for
such act.
25. Jurisdiction of Civil Court barred as regards matters arising under the Act. - A Civil
Court shall not have jurisdiction in any matter which the 1[Collector or Tehsildar is
empowered] by this Act to dispose of and shall not take cognizance of the manner in
which the 2[State Government or Collector or Tehsildar] or any officer exercises any
power vested in it or in him by or under this Act.
26. Public servants indemnified for acts done under this Act .- No suit shall lie against the
State Government or any public servant for anything done in good faith under this Act.
27. Legalisation of orders passed previously to the Act. - Any act hitherto done or order
passed by the State Government or by any officer appointed for Colonisation of a Colony
or by any other officer within any area to which this Act may be applied, which is not
contrary to the provisions of this Act, shall be deemed to have been done or passed under
this Act.
28. Power to make rules. - The State Government may, by notification in the 3[Official
Gazette,] make rules generally for carrying into effect the provisions and purposes of this
Act and in particular for all matters which are required by this Act to be prescribed or
which may be prescribed thereunder.

1. Subtituted by Rajasthan Act No. 05 of 2007.
2. Subtituted by Rajasthan Act No. 05 of 2007.
3. Subtituted by Rajasthan Act No. 27 of 1957.

29. Rules etc. subject to rescission or modification by resolution of Stat e
Legislature.- Every rule made, and every statement of conditions or notification
issued, by the State Government under any provision of this Act shall be laid
before the House of the State Legislature at the Session thereof next following and
shall be liable to be rescinded or modified by a resolution of that House; and the
rescission or modif ication so made shall, after publication by notification in the
1[Official Gazette,] be deemed to have come into force.
30. 2[XXX]

1. Substituted by Rajasthan Act No. 27 of 1957.
2. Omitted by Rajasthan Act No. 27 of 1957.

THE SCHEDULE
Conditions applicable to holders of Khatedari rights in land since before the
commencement of the Act.
1. Exceptions of channels and rights to minerals. - The State Government hear
by absolutely excepts and reserves to itself out of and in respect of the land
held by a tenant in Khatedari rights since before the commencement of this
Act-
(i) all grounds situated in the said land or any part thereof already marked
out, excavated or otherwise utilised for distributory channels, and
(ii) all existing rights to and over all mines and minerals, coals, gold -
washings, earth-oil and quarries in or under the said land or any part
thereof, together with all easements hereto enjoyed by the State
Government in respect of the said land or any part thereof.
It likewise excepts and reserves the right of the public to use existing
thorough fares traversing the said land or any part thereof including a width
of five feet on either side of survey base line, and also any lines of road
which, though not yet made, have been marked out upon the ground or
which m ay be planned in future during colonisation and c onsolidation
operations.
2. Power of the Government to enter to search minerals etc. - The tenant shall at all times
permit the officers of the State Government to enter and do all acts and things that may
be necessary and expedient for the purpose of searching for, working, getting or carrying
away any such mines and minerals, coals, gold -washings, earth-oil and q uarries, and for
the full enjoyment of the ground and of the rights hereinbefore reserved to the State
Government to and over all mines and minerals, coals, gold -washings, earth-oil, quarries
and easements in or under the said land and all parts thereof.
3. Compensation for damage by entry. - The State Government shall pay the ten ant
compensation for all damage occasioned by the exercise of the rights reserved itself in
clauses 1 and 2 and such compensations shall be assessed by the Collector, and if the
tenant is not satisfied with the finding of the Collector, he may appeal to the 1[revenue
appellate authority,] whose order shall be final.
4. Demarcation of boundaries. - The tenant shall duly comply with such directions as the
Collector shall from time to time issue requiring him to

1. Substituted by Rajasthan Act No. 08 of 1962.

construct boundary marks on the limits of the said land or any part
thereof and shall keep them, when erected, in good repairs to the
satisfaction of the Collector.
5. Settlement of Disputes.- In the event of any dispute arising between the State
Government and the tenant as to the property and

Excerpt shown. Open the full act in Lexace.

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