The rajasthan holdings (consolidation and prevention of fragmentation) act, 1954

The Rajasthan Holdings (Consolidation and Prevention of 
Fragmentation) Act, 1954 
Act No. 24 of 1954 
RJ930 
 
[Received the assent of the President on the 25th day of November, 1954] . 
An Act to provide for the compulsory consolidation of agricultural holdings and for preventing the 
fragmentation of agricultural holdings in the State of Rajasthan.  
Be it enacted by the Rajasthan State Legislature as follows:- 
LEGISLATIVE HISTORY 
 
CHAPTER I 
Preliminary 
1. Short title, extent and commencement.  - (1) This Act may be called Rajasthan Holdings (Consolidation 
and Prevention of Fragmentation) Act, 1954.  
[(2) It extends to the whole of the State of Rajasthan.]  
(3) Chapters 1 and V shall come into force at once. The remaining Chapters of the Act shall come into force in 
such area and from such date as the State Government may, by notification in the [Official Gazette] appoint in 
this behalf, and different dates may be appointed for the coming into force of different provisions of the said 
Chapters.  
2. Definitions. - In this Act, unless the context otherwise requires,  
(a) "Collector" means the Collector of the district  and includes any person authorised by the State 
Government to perform all or any of the functions of a Collector under this Act; 
[(aa) "common purpose" means any purpose in relatio n to any common need, convenience, or benefit of 
the village or other area]; 
(b) "Consolidation Officer" means an officer appoin ted as such under section 14 by the State Governmen t 
and includes any person authorised by the State Gov ernment to perform all or any of the functions of 
the Consolidation Officer under this Act; 
(c) "Consolidation of Holdings" means the amalgamat ion and the re-distribution of all or any of the la nds in 
an area, or in any part of an area, [x x x] so as to make the holdings in such area or part more compact; 
(d) "Fragment" means a plot of land of less extent than the appropriate standard area determined under  
this Act; 
(e) "Holding" means a parcel or parcels of land held under any lease, engagement, grant or tenure; 
(f) "Khatedar tenant" means a tenant having a right  of occupancy in his holding under any law for the time 
being in force; 
(g) "Land" means land which is not occupied as the site of any building in a town or village and is oc cupied 
or let for agricultural purposes or for purposes su bservient to agriculture, or for pasture, and inclu des 
the sites of buildings and other structures on such land; 
(h) "Landholder" means the person to whom rent is, or but for a contract, express or implied, would be  
payable and includes a Jagir-dar, Biswedar, a Zamin dar, a rent free grantee, a granteee at a favourabl e 
rate of rent, a village servant, a tenant-in- chief  who has lawfully sublet and, in case of land held directly 
from Government, the State Government acting through the Tehsildar; 
(i) "Notified area" means any area notified as such under section 3; 
(j) "Prescribed" means prescribed by or under this Act; 
(k) "Settlement Officer (Consolidation)" means an o fficer appointed as such under section 20 by the St ate 
Government and includes any person authorised by th e State Government to perform all or any of the 
functions of the Settlement Officer (Consolidation) under this Act; 
(l) "Standard area" in respect of any class of land  means the area which the State Government may from  
time to time' determine under section 5 as the mini mum area necessary for profitable cultivation in an y 
particular notified area, and includes a standard area revised under the said section; 
(m) "Tenant" means the person by whom rent is, or b ut for a contract, express or implied, would be 
payable and includes a co-tenant, a tenant of khudk asht, a tenant-at-will, a grove holder, a sub-tenan t 
or a mortgagee of tenancy right, but does not include a trespasser; 
[(n) words and expressions used in this Act, but no t defined herein have the meanings assigned to them  in 
the Rajasthan Tenancy Act, 1955 (Raj. Act 3 of 1955 ) and the Rajasthan Land Revenue Act, 1956 (Raj. 
Act 15 of 1956)]. 
CHAPTER II 
Determination of Standard Areas and Treatment of Fragments 
3. Determination of notified area.  - The State Government may, after such inquiry as it deems fit, specify any 
area as notified area for the purposes of this Chapter.  
4. Settlement of Standard area.  - (1) The State Government may, after such inquiry as it deems fit, 
provisionally settle for any class of land in any notified area, the minimum area that can be cultivated profitably 
as a separate plot.  
(2) The State Government shall, by notification in the [Official Gazette] and in such other manner as may be 
prescribed, publish the minimum areas provisionally settled by it under sub-section (1) and invite objections 
thereto.  
5. Determination and revision of standard area.  - (1) The State Government shall, after considering the 
objections, if any, received within three months of the date of publication of the notification under sub-section 
(2) of section 4 in the area concerned and making such further inquiry as it may deem fit, determine the 
standard area for each class of land in such notified area.  
(2) The State Government may, at any time, if it deems fit or expedient so to do, revise a standard area 
determined under subsection (1). Such revision shall be made in the manner laid down in section 4 and sub-
section (1) of section 5.  
(3) The State Government shall, by notification in the [Official Gazette] and in such other manner as may be 
prescribed, give public notice or any standard area determined under sub-section (1) or revised under sub-
section (2).  
6. Entry in the record of rights.  - (1) On notification of a standard area under sub-section (2) of section 5 for 
any area, all fragments in that area shall be entered as such in the record of rights.  
(2) Notice of every entry made under sub-section (1) shall be given in the prescribed manner.  
7. Transfer and lease of fragments.  - (1) No person shall transfer any fragment in respect of which a notice 
has been given under sub-section (2) of section 6, unless thereby the fragment becomes merged in a 
contiguous survey number or recognised sub-division of a survey number.  
(2) Notwithstanding anything contained in any law for the time being in force, no such fragment shall be leased 
to any person other than a person cultivating any land which is contiguous to the fragment.  
8. Fragmentation prohibited.  - No land in any notified area shall be transferred or partitioned so as to create a 
fragment.  
9. Penalty for transfer or partition contrary to provisions of Act.  - The transfer or partition of any land 
contrary to the provisions of this Act, shall be void.  
10. Valuation of fragment.  - (1) Any person holding a fragment who intends to sell it, shall make an 
application in this behalf to the Collector for determination of its market price and the Collector shall, after 
hearing the applicant and the landholders and tenants of the contiguous survey numbers or recognised sub- 
divisions of survey numbers, determine the market price.  
(2) Any owner of a fragment, aggrieved by the decision of the Collector, may, within a period of thirty days, 
prefer an appeal to the [revenue appellate authority] whose decision shall be final and conclusive for the 
purpose of this Chapter.  
11. Transfer of fragment.  - The person referred to in the preceding section, shall, in the first instance, offer the 
fragment for sale to the landholders and tenants of contiguous survey numbers or recognised sub-divisions of 
survey numbers, and, in case of their refusal to purchase for the price as determined under the last preceding 
section, may transfer it to the State Government for the purpose of the State on payment by it of such price as 
aforesaid to such persons possessing interest therein as the Collector may determine, and thereupon the 
fragment shall vest absolutely in the State Government for the purpose of the State, free from all 
encumbrances;  
Provided that nothing contained in this section or in section 10 shall debar any owner of a fragment from 
making its transfer to any tenant of a contiguous survey number with the prior sanction of the Collector on such 
terms, as may be agreed to between such owner and tenant.  
12. Partition of estate assessed to payment of revenue to [State Government] or separation of share 
thereof.  - When a decree is transferred to the Collector under section 54 of the Code of Civil Procedure, 1908, 
for the partition of an undivided estate, assessed to the payment of revenue to the State Government in any 
notified area, for which standard areas have been fixed, or for the separate possession of a share of such an 
estate, no such partition or separation shall be made so as to create a fragment.  
13. State Government or local authority not to acquire land so as to leave fragment.  - (1) Notwithstanding 
anything contained in any law for the time being in force, no land shall be acquired by the State Government or 
any local authority or sold at any sale held under the orders of any court so as to leave a fragment.  
(2) If any land acquired by the State Government or any local authority is in excess of its requirements, it shall 
be offered for sale in the first instance to the landholders and tenants of contiguous survey numbers or 
recognised sub-divisions of survey numbers, at the price at which it was acquired under sub-section (1).  
CHAPTER III 
Consolidation of Holdings 
14. Declaration to make scheme for consolidation of holdings.  - (1) With the object, of consolidating 
holdings in any area for the purpose of better cultivation of lands therein, the State Government may, of its own 
motion or on application made in this behalf, declare, by notification in the [Official Gazette] and by publication 
in the prescribed manner, in the area concerned, its intention to make a scheme for the consolidation of 
holdings in such area.  
(2) On such publication in the area concerned, the State Government may appoint a consolidation officer, who 
shall, after consulting in the prescribed manner the landholders and tenants in such area, prepare a scheme for 
the consolidation of holdings in such area or any part thereof:  
Provided that if the land owner making the application under subsection (1) submit a scheme of consolidation 
of holdings mutually agreed to, the consolidation officer shall, in the manner prescribed, examine it and if 
necessary modify it.  
[14A. Effect of declaration.  - (1) Upon the publication of the declaration under section 14, the area 
concerned shall be deemed to be under consolidation operations from the date of such 
publication. 
(2) Where any area is under consolidation operations, the duty of preparing and maintaining the 
map, the field book and the annual registers under Chapter VII of the Rajasthan Land Revenue 
Act, 1956 (Rajasthan Act 15 of 1956) shall stand transferred to the consolidation officer.] 
15. Scheme to provide for compensation.  - (1) The scheme prepared by the consolidation officer shall 
provide for the payment of compensation to any person who is allotted a holding which is of less market value 
than his original holding and for the recovery of compensation from any person who is allotted a holding which 
is of greater market value than his original holding.  
(2) The amount of compensation shall be assessed by the consolidation officer, so far as practicable, in 
accordance with the provisions of the Rajasthan Land Acquisition Act, 1953.  
16. Khatedars' tenancies.  - (1) The scheme prepared by the consolidation officer may provide for the 
distribution of land held in Khatedari rights between the Khatedar tenants and the person from whom they hold 
(called the landholder) in such proportion as may be agreed upon between the parties.  
(2) When the scheme is finally sanctioned under section 20, than notwithstanding anything to the contrary 
contained in any law for the time being in force, Khatedari rights in the land allotted to the landholder shall be 
deemed to be extinguished and- 
(i) in places where full proprietary rights in land  exist, the land so allotted to the Khatedar tenant  and the 
landholder shall be held by each of them respectively in such right, and 
(ii) where such rights do not exist, compensation s hall be payable for the extension of Khatedari righ ts, if 
any, in the portion of the land allotted to the lan dholder at the rate of fifteen times the annual ren t 
payable in respect thereof. 
17. Amalgamation of public roads, etc. within scheme for consolidation of holdings. - (1) Whenever in 
preparing a scheme for the consolidation of holdings, it appears to the consolidation officer that it is necessary 
to amalgamate any road, street, lane, path, channel, [drain, tank, pasture or land reserved for common 
purposes], he shall make a declaration to that effect, stating in such declaration that it is proposed that the 
rights of the public as well as of all individuals in or over the said road, street, lane, path, channel, [drain, tank, 
pasture or land reserved for common purposes] shall be extinguished or, as the case may be, transferred to a 
new road, street, lane, path, channel, [drain, tank, pasture or land reserved for common purposes] laid out in 
the scheme of consolidation.  
(2) The declaration in sub-section (1) shall be published in the area concerned in the prescribed manner 
alongwith the draft scheme referred to in section 19.  
(3) Any member of the public or any person having any interest or right, in addition to the right of public 
highway, in or over the said road, street, lane, path, channel [drain, tank, pasture or land reserved for common 
purposes] or having any other interest or right which is likely to be adversely affected by the proposal may, 
within thirty days after the publication of the declaration under sub-section (1), state to the Consolidation Officer 
in writing his objection to the proposal, the nature of such interest or right and the manner in which it is likely to 
be adversely affected and the amount and the particulars of his claim to compensation on account of the 
extinction or diminution of the right of public highway over such road, street, lane, path, channel [drain, tank, 
pasture or land reserved for common purposes] shall be entertained.  
(4) The consolidation officer shall, after considering the objections if any, made to the proposal, submit it with 
such amendments, if any, as he may consider necessary to the Settlement Officer (Consolidation) together with 
the objections received, his recommendations thereon and a statement of the amounts of compensation, if any, 
which in his opinion are payable and of the persons by whom and the persons to whom such compensation is 
payable. The decision of the Settlement Officer (Consolidation) on the proposal and regarding the amount of 
compensation and the persons by whom such compensation, if any, is payable, shall, subject to any 
modification made by the State Government, be final.  
18. Lands reserved for common purposes.  - Notwithstanding anything contained in any law for the time 
being in force, it shall be lawful for the Consolidation Officer to direct- 
(a) that any land specifically assigned for any com mon purpose shall cease to be so assigned and any 
other land shall be assigned in its place; 
(b) that any land under the bed of a stream or torrent shall be assigned for any common purpose; 
(c) that if in any area under consolidation no land  is reserved for any common purpose, including extension 
of the village abadi or if the land so reserved is inadequate, other land shall be assigned for such 
purpose: 
Provided that the Consolidation Officer shall order for assignment of adequate land for common grazing 
ground.  
19. Publication of draft scheme.  - (1) When the draft scheme of consolidation is ready for publication, the 
consolidation officer shall publish it in the prescribed manner in the area concerned. Any person likely to be 
affected by such scheme shall, either individually or collectively, within [forty five days] of the date of such 
publication communicate in writing to the Consolidation Officer any objections relating to the scheme. The 
Consolidation Officer shall, after considering the objections, if any, received submit the scheme with such 
amendments, as he considers to be necessary together with his remarks on the objections to the Settlement 
Officer (Consolidation).  
(2) The Consolidation Officer shall also publish in the prescribed manner, the scheme as amended by him.  
20. Confirmation of scheme.  - (1) The State Government may by notification in the [Official Gazette] appoint 
one or more persons to be Settlement Officers (Consolidation) and, by like notification, specify the area in 
which each such officer shall have jurisdiction. The Consolidation Officer in the area under the jurisdiction of 
the Settlement Officer (Consolidation) shall be subordinate to him subject to any conditions which may be 
prescribed.  
(2) If no objections are received to the draft scheme published under sub-section (1), or within sixty days of its 
publication to the amended draft scheme published under sub-section (2) of section 19, as the case may be the 
Settlement Officer (Consolidation) shall confirm the scheme.  
(3) If any objections are received to the amended draft scheme published under sub-section (2) of section 19, 
the Settlement Officer (Consolidation) shall, after taking the objections into consideration, either confirm the 
scheme with or without modifications or refuse to confirm it. [In case of such refusal, the Settlement Officer 
(Consolidation) shall return the draft scheme to the Consolidation Officer for reconsideration and resubmission 
with such directions as may be necessary]. 
(4) Upon the confirmation of the scheme under sub-section (2) or sub-section (3) the scheme as confirmed 
shall be published in the prescribed manner in the area concerned.  
21. Re-partition.  - (1) The Consolidation Officer shall, after consulting the landholders and tenants in the area 
concerned, carry out re-partition of holdings in accordance with the scheme of consolidation of holdings 
confirmed under section 20; and the boundaries of the holdings as demarcated shall be shown on the map 
which shall be published in the prescribed manner in the area concerned.  
(2) Any person aggrieved by the re-partition may file a written objection within 20 days of such publication 
before the Consolidation Officer.  
(3) The Consolidation Officer shall, if he does not reject the objection, give a public notice thereof [in the 
prescribed manner] for the giving of a public notice under sub-section (2) of section 5, inviting all persons likely 
to be affected thereby to appear before him and show cause against the objection on a date appointed for the 
purpose.  
(4) On the date so appointed, the Consolidation Officer, after hearing all such persons as may appear in 
response of the notice given under sub-section (3), pass such order on the objection as he considers proper.  
(5) Any person aggrieved by the order of the Consolidation Officer under sub-section (4) may, within 30 days of 
the passing thereof, file an appeal before the Settlement Officer (Consolidation), who shall, after hearing the 
appellant, if present, pass such order thereon as he considers proper:  
Provided that the order appealed from, shall not be varied or reversed without affording the persons likely to be 
affected by such variation or reversal an opportunity of being heard.  
22. Preparation of record of rights.  - The Consolidation Officer shall cause to be prepared a new record of 
rights for the area under consolidation giving effect to the re-partition, as finally sanctioned under the preceding 
section.  
23. Right to possession of new holdings.  - (1) If all the landholders and tenants affected by the scheme of 
consolidation or, as the case may be, re-partition, as finally confirmed, agree to enter into possession of the 
holdings allotted to them thereunder, the Consolidation Officer may allow them to enter into such possession 
forthwith or from such date as may be specified by him.  
(2) If such landholders and tenants do not agree to enter into possession under sub-section (1), they shall be 
entitled to possession of the holdings allotted to them from the first day of May next, following the date of the 
publication of the scheme under sub-section (4) of section 20 and the Consolidation Officer shall, if necessary, 
put them in physical possession of the holdings to which they are so entitled including standing crops, and for 
doing so may enforce the order as a decree for possession.  
(3) If there are standing crops on any holdings of which possession has been given under sub-section (2), the 
Consolidation Officer shall determine in the prescribed manner the compensation payable in respect of such 
crops by the person put in possession, who shall within six months of the date of possession, pay such 
compensation to the person or persons from whom possession was transferred and in case of default, such 
compensation shall be recoverable from him as an arrear of land revenue.  
(4) If any person from whom compensation is recoverable under the scheme, fails, within fifteen days of the 
First day of May referred to in sub-section (2), to deposit such compensation in the prescribed manner, it shall 
be recoverable from him as an arrear of land revenue, and in such case the amount realised, after deducting 
the expenses, shall be paid to any person having interest in the holding.  
24. Rights of landholders and tenants after consolidation.  - A landholder and a tenant shall, subject to the 
provisions of section 16, have the same right in the land allotted to him in pursuance of the scheme of 
consolidation as he had in his original holding.  
[24A. Effect of consolidation scheme on evacuee property.  - (1) If in pursuance of a scheme for the 
consolidation of holdings under this Act,- 
(a) any land which is evacuee property [x x x] is o r has been included in any holding [or is or has be en 
exchange for some other land] which is not evacuee property then, as from the date of the coming into 
force of the scheme, such land shall cease to be, o r as the case may be, be deemed to have ceased to 
be, evacuee property [x x x] and 
(b) any land which is not evacuee property [x x x] is or has been included in any holding [or is or ha s been 
exchanged for some other land] which is evacuee pro perty, then, as from the date of the coming into 
force of the scheme, such land shall be deemed to be evacuee property [x x x], 
(2) Where any land which has been leased or allotted by the Custodian to a displaced person has ceased to be 
evacuee property and such displaced person has been allotted some other land in lieu thereof on pursuance of 
any scheme for the consolidation of holdings under this Act, such other land shall be deemed to have been 
leased or allotted, as the case may be, to such displaced person [x x x], 
(3) Notwithstanding anything contained in this Act,- 
(a) no decision of the Custodian in relation to tit le to any land vested in him as evacuee property [x  x 
x] shall be called in question and varied or reversed by any officer or authority under this Act; and 
(b) nothing in this Act shall be considered as requ iring the Custodian to stay any proceedings in rela tion to 
title to any such land [x x x], 
(4) In this section,- 
(a) "Custodian" has the meaning assigned to it in t he Administration of Evacuee Property Act, 1950 
(Central Act XXXI of 1950); [x x x], 
(b) "displaced person" has the meaning assigned to it in the Displaced Persons (Compensation and 
Rehabilitation) Act, 1954 (Central Act 44 of 1954), and 
(c) "evacuee property" has the meaning assigned to it in the Displaced Persons (Compensation and 
Rehabilitation) Act, 1954 (Central Act 44 of 1954) and includes evacuee property acquired by the 
Central Government under section 12 of that Act.] 
25. Encumbrances of landholders and tenants.  - (1) If any holding brought under the scheme of 
consolidation is burdened with any lease, mortgage, or other encumbrance, such lease, mortgage or other 
encumbrance shall be transferred and attached to the holding allotted under the scheme, to the landholder or 
tenant, as the case may be,of the first, mentioned holding or to such part thereof as the Consolidation Officer, 
subject to any rules that may be made under section 44, may have determined in preparing the scheme, and 
thereupon, the lessee, mortgagee or other encumbrancer, as the case may be shall cease to have any right in 
or against the holding from which the lease, mortgage or other encumbrance has been transferred.  
(2) If the holding to which a lease, mortgage or other encumbrance is transferred, under sub-section (1) is of 
less market value than the original holding from which it is transferred, he lessee, mortgagor or other 
encumbrancer, as the case may be, shall subject to the provisions of section 32 be entitled to the payment of 
such compensation by the landholder or tenant, as the case may be, of the holding as the Consolidation Officer 
may determine,  
(3) Notwithstanding anything contained in section 23 the Consolidation Officer shall, if necessary, put any 
lessee or any mortgagor or other encumbrancer, entitled to possession, in possession of the holding or part of 
the holding to which his lease, mortgage or other encumbrance has been transferred under sub-section (1).  
26. Transfer of rights of landholder and tenants in holdings.  - Notwithstanding anything contained in any 
law for the time being in force, the rights and liabilities of landholders and tenants in their holdings shall for the 
purpose of giving effect to any scheme of consolidation affecting them be transferred by exchange or otherwise 
and no person shall be entitled to object to or to interfere with any transfer made for the said purpose.  
27. Cost of consolidation proceedings.  - (1) The cost of consolidation proceedings shall be assessed in the 
prescribed manner.  
(2) The cost of consolidation proceedings shall be recovered from the persons whose holdings are affected by 
the scheme of consolidation.  
[(3) The State Government, may, from time to time, revise the rates at which the cost of consolidation 
proceedings is to be assessed and apply such rates with retrospective effect.]  
28. Recovery of compensation or cost or other sums payable under this Act.  - Compensation under 
section 15 or cost under section 27 or any other sum payable under this Act shall be recoverable as an arrear 
of land revenue.  
29. Transfer of property during consolidation proceedings.  - After a notification under sub-section (1) of 
section 14 has issued and during the pendency of the consolidation proceedings, no landholder or tenant, upon 
whom the scheme will be binding shall have power without the sanction of the Consolidation Officer to transfer 
or otherwise deal with any portion of his holding so as to affect the rights of any other landholder or tenant 
under the scheme of consolidation.  
30. Suspension of partition proceedings during currency of consolidation proceedings.  - After a 
notification under sub-section (1) of section 14 has issued, no proceedings regarding the partition of land in any 
area which will be affected by the scheme of consolidation shall be commenced, and any such proceedings, 
then pending, shall remain in abeyance during the pendency of the consolidation proceedings.  
31. No instrument necessary to affect transfer.  - Notwithstanding anything contained in any law for the time 
being in force- 
(a) no instrument in writing shall be necessary in order to give effect to a transfer involved in carr ying out 
any scheme of consolidation of holdings, and 
(b) no instrument, if executed, shall require registration. 
32. Apportionment of compensation or net value in case of dispute.  - Where there is a dispute in respect 
of the apportionment of- 
(a) the amount of compensation determined under sub -section (2) of section 15, or sub-section (2) of 
section 13 or sub-section (4) of section 17: or 
(b) the net value realised under sub-section (4) of section 23, or 
(c) the total amount of compensation determined und er subsection (2) of section 25, the Consolidation 
Officer shall refer the dispute to the decision of the district civil court and deposit the amount of 
compensation or net value, as the case may be, in t hat court and thereupon the provisions of the 
Rajasthan Land Acquisition Act, 1953, shall, so far as may be, apply. 
33. Application of Chapter II to consolidated holdings.  - In any area or any part thereof where consolidation 
of holdings has been affected under this Chapter, the State Government shall, as soon as may be, take all 
necessary steps to apply the provisions of Chapter II.  
34. Power to vary or revoke scheme.  - A scheme for the consolidation of holdings confirmed under this Act 
may at any time be varied or revoked by a subsequent scheme prepared, published and confirmed in 
accordance with this Act.  
CHAPTER IV 
Supplemental Provisions 
35. Jurisdiction of Civil Courts barred.  - No Civil Court shall entertain any suit instituted or application made 
to obtain a decision or order in respect of any matter which the State Government or any officer is, by this Act, 
empowered to determine, decide or dispose of.  
36. Appeal and re vision.  - Except as provided in this Act, no appeal or revision shall lie from any order 
passed under this Act.  
37. Power of State Government to call for proceedings.  - The State Government may at any time, for the 
purpose of satisfying itself as to the legality or propriety of any order passed by any officer under this Act, call 
for and examine the record of any case pending before or disposed of by such officer and may pass such order 
in reference thereto as it thinks fit:  
Provided that no order shall be varied or reversed without giving the parties interested an opportunity to appear 
and to be heard.  
38. Power of officers to enter upon land for purpose of survey and demarcation.  - The Consolidation 
Officer and any person acting under his orders may, in the discharge of any duty under this Act, enter upon and 
survey land and erect survey marks thereon and demarcate the boundaries thereof and do all other acts 
necessary for the proper performance of that duty.  
39. Penalty for destruction, injury or removal of survey marks.  - (1) If any person wilfully destroys or 
injures or without lawful authority removes a survey mark lawfully erected, he may be ordered by a 
Consolidation Officer to pay such fine, not exceeding fifty rupees for each mark so destroyed, injured or 
removed, as may, in the opinion of that officer be necessary to defray the expenses of restoring the same and 
of rewarding the person, if any who gave information of the destruction, injury or removal.  
(2) The imposition of fine under this section shall not bar a prosecution under section 434 of the Indian Penal 
Code.  
40. Report of destruction or removal or injury to survey marks.  - Every village officer shall be legally bound 
to furnish the Consolidation Officer with information respecting the destruction or removal of or any injury done 
to any survey mark lawfully erected in that area.  
41. Power to summon persons.  - (1) A Consolidation Officer or a Settlement Officer (Consolidation) may 
summon any person whose attendance he considers necessary for the purpose of any business before him as 
a Consolidation Officer or a Settlement Officer (Consolidation).  
(2) A person so summoned shall be bound to appear at the time and place mentioned in the summons in 
person or by his authorised agent.  
(3) The person attending in obedience to the summons shall be bound to state the truth upon any matter 
respecting which he is examined or to make statements and to produce such documents and other things 
relating to any such matter as the Consolidation Officer or the Settlement Officer (Consolidation) may require.  
(4) If a person summoned under sub-section (1) fails, without good cause, to attend or to produce any 
document or other thing that he may be required to produce, he shall be liable at the discretion of the 
Consolidation Officer or the Settlement Officer (Consolidation), as the case may be, to a fine which may extend 
to fifty rupees.  
CHAPTER V 
Miscellaneous 
42. Appointment of officers and staff and delegation of powers.  - The State Government may, for the 
administration of this Act, appoint such persons as it thinks fit, and may, by notification in the [Official 
Gazette] delegate any of its powers or functions under this Act to any of its officers either by name or 
designation.  
43. Public servant indemnified for act done under this Act.  - No suit or other legal proceedings shall be 
maintained in respect of the exercise of any powers or discretion conferred by this Act, or against any public 
servant or person duly appointed or authorised under this Act, in respect of any thing in good faith done or 
purporting to be done under the provisions thereof or the rules made thereunder.  
[43A. Close of consolidation operations.  - [(1)]  As soon as may be after the landholders and tenants have 
entered into possession of their new holdings in accordance with the provisions of section 23, the State 
Government shall issue a notification in the Official Gazette to the effect that the consolidation operations have 
been closed in that area and the area shall then cease to be under consolidation operations.]  
[(2) On the issue of a notification under sub-section (1), all applications and proceedings pending before the 
Consolidation Officer shall be transferred to the Sub-Divisional Officer of the Sub-Division in which the 
consolidation operations thus closed were being carried out, and all appeals pending before the Settlement 
Officer (Consolidation) shall be transferred to the Collector, and such Sub-Divisional Officer and such Collector 
shall have and exercise the same powers as were exercised by the Consolidation Officer and the Settlement 
Officer (Consolidation), respectively.]  
44. Rules.  - (1) The State Government may, by notification in the (Official Gazette], make rules for carrying out 
the purpose of this Act.  
(2) In particular and without prejudice to the generality of the foregoing power, the State Government may 
make rules providing for,- 
(a) the manner of publication under sub-section (2)  of section 4, sub-section (1) of section 14, sub-s ections 
(1) and (2) of section 19, sub-section (4) of section 20 and sub-section (1) of 21; 
(b) the manner of giving public notice under sub-section (3) of section 5; 
(c) the manner of giving notice under sub-section (2) of section 6; 
(d) the procedure to be followed in the preparation  of the scheme under sub-section (2) of section 14 with 
particular reference to the allotment of land to tenants, sub-tenants and landless tenants; 
(e) the manner in which area is to be reserved unde r section 18 and the manner in which it is to be de alt 
with; 
(f) the manner in which the compensation recoverabl e from any person under sub-section (3) of section 23 
shall be deposited by him; 
(g) the guidance of Consolidation Officer in respec t of the transfer of a lease, mortgage or other 
encumbrance under section 25; 
(h) the manner in which the area and assessment of land revenue or rent (including water rate, if any)  of 
each re-constituted holding shall be determined; 
(i) the appointment of guardians ad litem for minors; 
(j) generally for the guidance of the Consolidation  Officer and other officers and persons in all proc eedings 
under this Act; and 
(k) any other matter which is to be or may be prescribed. 
45.  [x x x]. 
Appendix 'A'  
The Rajasthan Holdings Consolidation Operations Validating Act, 1960  
[Received the assent of the Governor on the 17th day of September. 1960]  
An Act to validate certain operations for the consolidation of holdings.  
WHEREAS operations for the consolidation of holdings under the Rajasthan Holdings (Consolidation and 
Prevention of Fragmentation) Act, 1954 (Rajasthan Act 24 of 1954) were started in certain areas in Rajasthan 
without bringing Chapters III and IV of the said Act into force therein and it is considered necessary to validate 
all such operations.  
1. Short title.  - This Act may be called the Rajasthan Holdings Consolidation Operations Validating Act, 1960.  
2. Validation of Holdings consolidation Operations. - Notwithstanding anything contained in the Rajasthan 
Holdings (Consolidation and Prevention of Fragmentation) Act, 1954 (Rajasthan Act 24 of 1954), Chapters III 
and IV of the said Act shall be deemed to have been brought in to force to the areas specified in column 1 of 
the Schedule respectively from the dates noted in column 2 thereof, and all operations for the consolidation of 
holdings undertaken in the said areas before the commencement of this Act shall be deemed to have been 
validly and properly undertaken notwithstanding any defect or want of procedure, jurisdiction or authority.  
The Schedule 
(See Section 2) 
Areas Date of 
commencement of 
Chapters III and IV 
Jaipur district 1st May, 1957 
Sawai Madhopur 
district 
1st May, 1958 
Pali district 1st May, 1957 
Jalore district 1st February, 1958. 
Bundi district 1st November, 1958 
Jodhpur district 1st November, 1958. 
Appendix 'B'  
The Rajasthan Holdings (Consolidation and Prevention of Fragmentation Amending and Validating Act, 
1969  
(Act No. XII of 1969) 
5. Validation of Holdings Consolidation Operations. - Notwithstanding anything contained in the Rajasthan 
Holdings (Consolidation and Prevention of Fragmentation) Act, 1954 (Rajasthan Act 24 of 1954), Chapters III 
and IV of the said Act shall be deemed to have been brought in to force lawfully and validly in the areas 
specified in column 1 of the Schedule respectively from the dates noted in column 2 thereof, and all operations 
for the consolidation of holdings undertaken in the said areas before the commencement of this Act shall be 
deemed to have been validly and properly undertaken.  
The Schedule 
(See Section 5) 
Areas Date of commencement of 
Chapters III and IV 
1 2 
Jaipur district 1st May, 1957 
Sawai Madhopur district 1st May, 1958 
Pali district 1st May, 1957 
Jalore district 1st February, 1958. 
Bundi district 1st November, 1958 
Jodhpur district 1st November, 1958. 
 
 

‹ Prev All Rajasthan acts Next ›