The rajasthan imposition of ceiling on agricultural holding act, 1973

The Rajasthan Imposition of Ceiling on Agricultural 
Holding Act, 1973 
1 (Act No. 11 of 1973) 
 
Notification 
 
 
An Act to provide for the imposition of ceiling on agricultural holdings, acquisition 
and disposal of surplus land and matters ancillary thereto. 
 
Whereas, under clauses (b) and (c) of Article 39 of the Constitution of India, the 
State should, in particular, direct its policy towards securing that the ownership and 
control of the material resources of the community are so distributed as best to 
subserve the common good and that the operation of the economic system does not 
result in the concentration of wealth and means of production to the common detriment: 
 
And whereas, the area of agricultural land available for cultivation in the State is 
limited; 
 
And whereas, there is great disparity in the holding of agricultural land leading to 
the concentration of such land in the hands of certain persons; 
And whereas, it is necessary to acquire the agricultural land in exce ss of the 
ceiling area and to distribute such land to the landless and other persons among the 
rural population 2{or to utilize it for carrying out other measures of agrarian reform}; 
 
And whereas, such distribution will best subserve the common good, inc rease 
agricultural production and promote justice, social and economic; 
 
And whereas, it is expedient to provide for all these and other matters connected 
therewith; 
 
Be it enacted by the Rajasthan State Legislature in the Twenty- fourth Year of the 
Republic of India as follows:- 
 
 
 
 
 
1. Notification No. F2(1) Vidhi/73, dated march.29,1973. 
2. Added by Rajasthan Act No. 16 of 1981, published in Raj Gazzatted ,dated 20-10-81 
 
 
 
 
 
 
CHAPTER I 
Preliminary 
 
1. Short title, extent and commencement.  - (1) This Act may be called the 
Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973. 
 
(2) It extends to the whole of the State of Rajasthan. 
 
(3) It shall be deemed to have come into force in whole of the State of Rajasthan 
with effect from the 1st day of January, 1973. 
 
2. Definitions. - In this Act, unless the context otherwise requires,- 
 
(a) "Adult" means a person who is not a minor; 
 
(b) "Agriculture" includes- 
 
(i) the raising of annual or periodical crops and garden produce; 
(ii) horticulture; 
(iii) the planting and upkeep of trees; 
(iv) the breeding of cattle, camels, sheep or goats, and poultry; or 
(v) the use of land for growing fodder or thatching grass or for grazing; and 
"Agricultural" shall be construed accordingly; 
 
(c)  "Authorised Officer" in relation to an area means an officer appointed by 
the State Government, by notification in the Official Gazette, to exercise 
the powers and to perform the functions of such officer under this Act in 
such area. 
 
(d)  "Ceiling area" means the maximum area of agricultural land which a 
person or a family is entitled to hold under section 4 anywhere 
throughout the State; 
 
(e)  "Company" means a company as defined in section 3 of the Companies 
Act, 1956 (Central Act 1 of 1956); 
 
(f)  "Family" shall mean a family consisting of husband, wife and their minor 
children but excluding married minor daughter; 
 
(g)  "land" means a portion of the earth’s surface whether or not under water; 
and where land is referred to in this Act, it shall be deemed to include all 
things attached to, or permanently fastened to anything attached to, 
such land and shall also include be nefits which arise out of land, but 
shall not include abadi land; 
 
(h) " Minor" means a person who has not completed the age of eighteen 
years; 
 
(i)  "Orchard" means a compact area of land, other than land under grape 
garden or vine -yard or under banana and guava gardens, having fruits 
bearing trees grown thereon in such number that they preclude, or when 
fully grown, would preclude a substantial part o f such land from being 
used for any agricultural purpose; 
 
(j) " Person" includes any trust, company, firm or association or body of 
individuals, whether incorporated or not; 
 
(jj) " Public purpose" shall mean all that which is calculated to promote the 
welfare of the people as envisaged in the Directive Principals of State 
Policy and shall include: 
 
(i) Provision of land for the Bhoodan Yagna Board or for a local body, 
 
(ii) Provision for land for industrial complexes in view of their integrated 
or specialised character of operation, or where agricultural or 
industrial operations are undertaken as a composite enterprise for 
the welfare of the people of the area; 
 
(k)  "Prescribed" means prescribed by rules made under this Act; 
 
(l)   "Schedule" means a Schedule to this Act; 
 
(m) "Separate unit" means an adult son and in case of his death, his widow 
and children, if any; 
 
(n)   "State Government" means the Government of the State of Rajasthan; 
 
(o)  "Surplus land" means the land held by a person in excess of the ceiling 
area applicable to him and declared to be surplus under section 13 of 
this Act; 
 
(p)   Any reference to a person in this Act shall be construed as includin g a 
reference to a family as defined in clause (f); and 
 
(q)  Words and expressions defined in the Rajasthan Tenancy act, 1955 
(Rajasthan Act 3 of 1955) or in the Rajasthan Land Revenue Act, 1956 
(Rajasthan Act 15 of 1956) shall, wherever used herein, be construed to 
have the meanings assigned to them by the said Acts. 
 
3. Act to override other laws, contracts etc.  - The provisions of this Act shall 
have effect notwithstanding anything inconsistent contained in any other law for the time 
being in force, or any custom, usage or contract or decree or order of a court or othe r 
authority. 
 
CHAPTER II 
Fixation of ceiling on land holdings 
 
4. Ceiling area.  - (1) In the case of every person not being a family and in the 
case of every family consisting of five or less than five members (hereinafter referred to 
as "the primary unit" of family), the ceiling area applicable to such person or such family 
shall be in respect of- 
 
(a) land under assured irrigation capable of growing at least two crops in a 
year (hereinafter referred to as the "land under assured irrigation"), 18 
acres; 
 
(b) land under assured irrigation capable of growing at least one crop in a 
year, 27 acres; 
 
(c) land under orchard existing on 23rd July, 1972, 54 acres; 
 
(d) land not within categories specified in clauses (a) to (c) and falling in fertile 
zone as described in the Schedule, 48 acres; 
 
(e) land not within categories specified in clauses (a) to (d) and falling in semi-
fertile zone as described in the Schedule, 54 acres; 
 
(f) land not within categories specified in clauses (a) to (e)  and falling in hilly 
zone as described in the Schedule, 3{54} acres; 
 
(g) land not within categories specified in clauses (a) to (f) and falling in semi -
desert zone as described in the Schedule, 125 acres; and 
 
(h) land not within categories specified in  clauses (a) to (g) and falling in 
desert zone as described in the Schedule, 175 acres. 
 
Explanation.- Land irrigated by a well shall not be deemed to fall within the 
categories of land specified in clause (a) and clause (b) of this sub -section and shall be 
deemed to fall within the category specified in clause (d) thereof: 
Provided that where members of a family exceed five, the ceiling area in relation 
thereto shall be increased by one -fifth for each additional member so however that the 
 
3. substituted for the figure 75 by Raj amending Act no. 1 og 1974 vide Notificaion no. F2(23) vidhi/73,02 -01-  74. 
total ceil ing area applicable to such family does not exceed twice the ceiling area 
applicable to a family consisting of five or less than five members: 
 
Provided further that if the ceiling area applicable to any person or family in 
accordance with this section exc eeds the ceiling area applicable to such person or 
family according to the provisions of law repealed by section 40, in that case the ceiling 
area applicable to such person or family will be the same as was under the provisions of 
the said repealed law. 
 
(2) A person may also select land for a separate unit upto the ceiling area of the 
primary unit for each separate unit; 
 
Provided that where the separate unit also holds any land or share of land the 
same shall be taken into account for calculating the ceiling area. 
 
(3) The question whether any land is assured of irrigation from Government or 
private source capable of growing two crops or one crop in a year shall be determined 
by the Authorised Officer in such manner as may be prescribed. 
 
5. Rules for comp utation of ceiling area.  - In computing the ceiling area 
applicable to a person or a family, the following rules shall be observed:- 
 
(a) All parcels of land held anywhere throughout the State by a person under 
one or more than one lease, engagement, grant or tenure, and whether 
cultivated personally or let or sublet by him, shall be deemed to be the 
holding of such person. 
 
(b) Where any land is held by more than one person as co -tenant or co -
sharers, the area of land corresponding to the share of each of them at the 
commencement of this Act shall be deemed to be his separate holding 
whether a division thereof has or has not actually taken place. 
 
(c) All lands held individually by the members of a family or jointly by some or 
all of the members of the family shall be deemed to be held by the family 
and shall be clubbed together. 
 
(d) Where land is held by a Joint Hindu Family, the share of a member of such 
family in the land held by the joint Hindu family shall be taken into account. 
 
(e) The share of the family or of an individual person in the land held by a firm, 
society or association of individuals (whether incorporated or not) or by a 
company shall be taken into account. 
 
Explanation.- For the purposes of clauses (d) and (e), the sha re of a member of 
a family in the land held by a joint Hindu family and the share of a family or of an 
individual person in the land held by a firm, society or association of individuals 
(whether incorporated or not) or by a company shall be deemed to be t he extent of 
land,- 
 
(i) which, in case such share is held on the date of the commencement of 
this Act would have been allotted to such member, person or family had 
such land been partitioned or divided, as the case maybe, on such date; 
or 
 
(ii) which, in case such share is acquired in any manner whatsoever after 
the date of the commencement of this Act, would be allotted to such 
member, person or family if a partition or division were to take place on 
the date of the preparation of the draft stat ement under sub-section (1) or 
section 12. 
 
(f) Where in the case of a person being the member of joint Hindu family, any 
land held separately by such person, has, on or after the 26th day of 
September, 1970 or at any time thereafter, been converted by suc h person 
into property belonging to the joint Hindu family through the act of 
impressing such land with the character of property belonging to the joint 
Hindu family or throwing it into the common stock of the joint Hindu family, 
then, the land so converted shall be deemed to be held by such person and 
not by the joint Hindu family. 
 
(g) Where, under the terms of a trust, any interest either in the land in respect 
of which a trust is created, or in the income from such land is reserved in 
favour of the founder of such trust, or any other person the share of the 
founder or such other person in the land held by such trust shall be deemed 
to bear the same proportion as his share bears to the total interest in such 
land or the income there from . The extent of land so arrived at shall be 
deemed to be held by the founder or such other person and shall be taken 
into account. 
 
(h) Where lands of different classification are held by a person, one acre of land 
under assured irrigation shall be treated as equivalent to 1.5 acres of land 
under assured irrigation capable of growing one crop in a year , to 3 acres of 
barani land in the fertile, semi -fertile and hilly zones and to eight acres of 
barani land in the semi -desert zone and 11 acres of barani land in the 
desert zone. 
 
(i) In making conversion according to the ratio specified in clause (h), the  
inferior quality of land shall be converted into best quality of land held by a 
person. 
 
6. Non -recognition of certain transfers.  - (1) Notwithstanding anything 
contained in any law for the time being in force, every transfer of land whether by way of 
sale, gift, exchange, assignment, surrender, bequest, creation of trust or otherwise 
made on or after 26th September, 1970, except a  bona fide transfer made before 1st 
January, 1973, shall be deemed to have been made in order to defeat the provisions of 
this Act and shall not be recognized or taken into consideration in determining the 
ceiling area applicable to a person: 
 
(2) The burden of proving the transfer to be bona fide shall be on the transferor. 
 
7. Conversion of one kind of land into another not  to effect ceiling area in 
certain cases. - Notwithstanding anything contained in this Act, where on account of an 
improvement made, by sinking a tube well  or by lift irrigation from a perennial water 
source operated by diesel or electric power, in the lan d by or at the cost of the person 
holding such land, one kind of land is converted into another kind of land on or after 
15th August, 1972, such conversion shall not be taken into account in calculating the 
extent of land held by or the ceiling area applicable to such person: 
 
Provided that where such conversion takes place as a result of any irrigation 
project constructed at the cost of the Government, the land so converted shall be taken 
into account for the said purpose. 
 
8. Increase or decrease in numbe r of family members not to affect ceiling 
area. - Notwithstanding anything contained in this Act, the extent of ceiling area which a 
family is entitled to hold under the provisions of this Act shall not be increased or 
reduced by reason only of any increas e or decrease in the number of members of such 
family on or after the date of commencement of this Act. 
 
9. Maximum land that can be held.  - Notwithstanding anything contained in any 
law for the time being in force, on and from the date of commencement of this Act no 
person shall, except as provided in this Act, continue to hold or retain in his possession 
in any capacity and under any tenure whatsoever agricultural land in excess of the 
ceiling area applicable to him. 
10. Furnishing of retu rns by persons holding land in excess of ceiling 
area. - Within hundred-twenty days from the commencement of this Act every person, 
who on the date of such commencement holds land in excess of ceiling area applicable 
to him shall, in respect of land held b y such person on such date, furnish to the 
authorised officer within whose jurisdiction the holding of such person or the major part 
thereof is situated a return in such form and containing such particulars as may be 
prescribed: 
4{Provided that a person holding land in the Rajasthan Canal Project Area on 1st 
day of January, 1973 in excess of the ceiling area applicable to him shall file a return 
within hundred twenty days of the publication of the Rajasthan Imposition of Ceiling on 
Agricultural Holdings (Second Amendment) Act, 1974 in the Rajasthan Gazette in the 
manner laid down above}. 
 
4. Inserted by amending Act No. 12 of 1974 vide Notification no. 2(12) vidhi/74 dated 18 -07-74 
11. Collection of information.  - (1) If any person, who holds land in excess of 
ceiling area applicable to him. fails to furnish the return under section 10 or furn ishes an 
incomplete or incorrect return under that section, the authorised officer may, by a notice, 
require such person to furnish the return or the additional particulars, as the case may 
be, within the time specified in the notice, or within such further time not exceeding thirty 
days as the authorised officer may, in his discretion, allow. 
(2) Where any person, on whom notice under sub -section (1) has been served, 
fails to furnish the return or the additional particulars, as the case may be, within the 
time specified in that notice or within the further time allowed by the authorised officer 
under the said sub -section, the authorised officer may obtain the necessary information 
in such manner as he thinks fit either by himself or through any other agency. 
5{11-A. Filing of a return after prescribed time or a supplementary return.  - 
(1) If any person who is under an obligation to furnish a return under this Act,- 
 
(a) has failed to furnish the return under section 10 or under sub-section (1) 
of section 11, or 
 
(b) has failed to show any land held by him in any return furnished by him 
under section 10 of sub-section (1) of section 11, 
 
he shall furnish to the authorised officer within whose jurisdiction the holding of 
such person or major part thereof is situate, in the prescribed form, a return, in case 
falling under clause (a) or a supplementary return, in case falling under clause (b), 
within one month from the date of the commencement of the Rajasthan Imposition of 
Ceiling on Agricultural Holdings (Second Amendment) Ordinance, 1975. 
 
(2) Notwithstanding anything in section 24, no prosecution under that section 
shall lie against a person for his failure to furnish the return under section 10 or under 
sub-section (1) of section 11 or for his fa ilure to give information in the return or 
otherwise in respect of the land held by him and shown in the supplementary return, if 
he files a return or a supplementary return, as the case may be. under sub -section (1) 
and if any such prosecution is pending on the date of the commencement of the 
Rajasthan Imposition of Ceiling on Agricultural Holdings (Second Amendment) 
Ordinance, 1975, the authorised officer or any officer empowered by him under section 
29 shall, if he is satisfied that such person has furni shed a return or a supplementary 
return under and in accordance with sub -section (1) at any time before the judgment is 
pronounced, withdraw from the prosecution pending against such person and upon 
such withdrawal, such person shall be acquitted in respect of such offence}. 
 
6{11-B. Procedure for disposal of returns or supplementary returns filed 
under section 11A.  - A return filed under sub -section (1) of section 11A shall be 
 
5. . Inserted by amending Act No. 8 of 1976 vide Notification no.F 2(40) vidhi /74 dated 05-02-76. 
6. . Inserted by amending Act No. 8 of 1976 vide Notification no.F 2(40) vidhi/74 dated 05 -02-76. 
disposed of as if it were a return filed under section 10 and all other provisions 
applicable to a return under section 10 shall apply thereto. 
 
(2) If in a proceeding pending before the authorised officer on the date of 
commencement of the Rajasthan Imposition of Ceiling on Agricultural Holdings (Second 
Amendment) Ordinance, 1975, a supplementary return is filed,- 
 
(a) before a draft statement is prepared under section 12, the supplementary 
return shall, after such enquiry as the authorised officer may deem fit, be treated 
part and parcel of the original return and shall be dealt with accordingly; 
 
(b) after a draft statement is prepared under section 12, the authorised officer 
shall, after such enquiry as he may deem fit, prepare a supplementary draft 
statement on the basis of the additional information in the supplementary return 
and in so doing shall follow the procedure provided in section 12 for preparation 
and service of a draft statement. In such cases he shall decide all objections to 
the draft statement as also to the supplementary draft statement together under 
subsection (3) of section 12 and one final statement in respect of both shall be 
prepared, served and published under section 13; 
 
(3) If a supplementary return is filed after a final statement is prepared, the 
authorised officer shall, after such enquiry as he may deem fit, prepare a supplementary 
draft statement on the basis of the supplementary return and shall follow the procedure 
provided in section 12 for the preparation and service of a draft statement. He shall, 
thereafter, decide by an order, objections  to the supplementary draft statement, and 
make necessary alterations in the draft statement and shall then prepare a 
supplementary final statement which shall be served and published in the manner 
provided in section 13. A supplementary final statement sh all have effect as if it were a 
final statement under section 13 and all other provisions in this Act relating to a final 
statement shall apply thereto}. 
 
12. Preparation and publication of draft statement as regards land in 
excess of ceiling area.  - (1) On the basis of the return furnished under section 10 and 
on the basis of the return or the additional particulars furnished under sub -section (1) of 
section 11 or on the basis of the information obtained by him under sub - section (2) of 
section 11,  the authorised officer shall, after making such particulars as may be 
prescribed a draft statement in respect of each person holding land in excess of the 
ceiling area: 
 
7{Provided that if the authorised officer is satisfied that the return is correct an d 
complete, he shall, instead of preparing a draft statement, proceed under section 13 to 
declare the ceiling area applicable to the person concerned and the surplus land held by 
him and shall prepare, serve and publish a final statement as provided therein}. 
 
7. . Inserted by amending Act No. 8 of 1976 vide Notification no.F 2(40) vidhi/74 dated 05 -02-76. 
(2) The draft statement shall be served on the persons concerned and on all 
other persons who, in the opinion of the authorised officer, are interested in the land to 
which such draft statement relates, together with a notice stating that any objection to 
the draft statement shall be preferred within fifteen days from the date of service of such 
notice. 
(3) The authorised officer shall consider any objection received within the period 
specified in the notice referred to in sub - section (2) from the person on whom a copy of 
the draft statement has been served under that sub -section or from any other person 
interested in the land and shall, after giving the objector a reasonable opportunity of 
being heard, decide the objections by an order in writing. 
13. Publ ication of final statement.  - After the disposal of objections, if any, 
preferred under section 12, the authorised officer shall, subject to the provisions of this 
Act and the rules made there under, make necessary alterations in the draft statement 
in acc ordance with the orders passed on the objections and shall declare the ceiling 
area applicable to the person concerned and the surplus land held by him. The 
authorised officer shall prepare the final statement and cause a copy of the same to be 
served on the person concerned and shall also cause it to be published for information 
of the general public in such manner as may be prescribed. Such service and 
publication shall be conclusive evidence of the facts stated in the final statement. 
14. Power to rectif y bona fide mistake and clerical errors.  - Notwithstanding 
anything contained in section 13, the authorised officer may, either on his own motion or 
on the application of any of the parties- 
(a) if he is satisfied that a bona fide mistake has been made in record to any 
entry in the final statement published under section 13, make necessary 
corrections therein; 
 
(b) at any time, correct any clerical or arithmetical mistakes in regard to any 
entry in such final statement. 
 
8{15. Power to re -open cases. - (1) Notwithstanding anything contained in this 
Act, if the State Government, after calling for the record or otherwise is satisfied that any 
final order passed in any matter arising under this Act is in contravention of the 
provisions of this Act and that such order is prejudicial to the State Government or that 
on account of the discovery of new and important matter or evidence which has since 
come to its notice, such order is required to be re -opened, it may direct any officer 
subordinate to it to re -open such decided matter and to decide it afresh in accordance 
with the provisions of this Act: 
Provided that no such direction shall be issued unless a notice to show cause 
against the proposed action has been served upon the person concerned: 
 
8. Substituted by Raj amending Act No. 6 of 1978 published in Raj. Gazzette Ex-ordinary, Part-4(Ka) dated 08-04-78. 
9[Provided further that no notice referred to in foregoing proviso shall be issued 
after the expiry of five years from the date of the final order sought to be re -opened or 
after the expiry of the 30th day of June, 1979, whichever is later.] 
(2) Without prejudice to any other remedy that may be available to it under 
Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955), if the State Government, after 
calling for the record or otherwise, is satisfied that any final order passed in any matter 
arising under the provisions repealed by section 40, is in contravention of such repealed 
provisions and that such order is prejudicial to the State Government or that on account 
of the discovery of new and important matter or evidence which has since come to its 
notice, such order is required to be re -opened, it may direct any officer subordinate to it 
to re -open such decided matter and to decide it afresh in accordance with such 
repealed provisions: 
Provided that no such direction shall be issued unless a notice to sho w cause 
against the proposed action has been served upon he person concerned. 
10{Provided further that no notice referred to in the foregoing proviso shall be 
issued after the expiry of seven years from the date of the final order sought to be re -
opened or after the expiry of 30th day of June, 1979, whichever is later: 
Provided that no final order passed by the Board in the matter referred to in sub -
section (1) or in sub -section (2) shall be directed to be re -opened and decided afresh 
under the said subsect ions unless the State Government is satisfied that such order is 
required to be reopened on account of the discovery of new and important matter or 
evidence which has since come to its notice or due to some mistake or error apparent 
on the face of the record.} 
11 {(3) Where any person challenges the direction issued by the State 
Government to re-open a decided matter under sub -section (1) or under sub-section (2) 
in any court and such direction is quashed by the court on account of any procedural 
defect or o n a technical ground or on the ground that the authority who issued the 
directions had no jurisdiction, the period during which the proceedings remained 
pending in the court shall be excluded in computing the period of limitation provided by 
Second proviso  to sub-section (1) or sub -section (2) for the purpose of making fresh 
directions for re-opening decided matters under the said sub-section.} 
 
9. Substituted by Raj amending Act No. 6 of 1979 published in Raj. Gazzette ,Part -4(Ka) dated 07.04.79. 
10. Substituted by Raj ordinance No. 12 of 1978 published on 14-08-78. 
11. Inserted by Raj amending Act No. 13 of 1983 W.e.f 23-07-83. 
12.Added by Notification No. 2(18)Vidhi/83 dated -01-10-83 
 
 
 
 
 
12{15A. Validation of proceedings and directions issued under section 15.  - 
Notwithstanding anything contained in the Rules of Business for the conduct of 
business of State of Rajasthan or in the Standing Orders issued thereunder or in any 
judgment, decree, order or decision of any court and notwithstanding any defect or want 
of appointment, form, procedure or jurisdiction,- 
(a) the Deputy Secretary to the Government of Rajasthan in the Revenue 
Department shall, before the commencement of the Rajasthan Imposition 
of Ceiling on Agricultural Holdings (Amendment) Act, 1983, be deem ed to 
be and be always deemed to have been authorised by the State 
Government to exercise the powers conferred on it under section 15 and 
to dispose of cases arising thereunder; 
 
(b) all things done, actions taken, decisions given, directions issued and 
orders passed by the Deputy Secretary to the Government of Rajasthan in 
the Revenue Department before such commencement under section 15 
shall be deemed to have been validly done, given, issued or as the case 
may be, passed by the State Government, and 
 
(c) the existence and validity of any such things done, actions taken, 
decisions given directions issued or orders passed shall not be called in 
question in any court, tribunal or authority merely on the ground that such 
Deputy Secretary at any time before  such commencement was not 
authorised to dispose of cases under sect ion 15 by the State 
Government.} 
 
13 {15B. Validation of decisions by and proceedings before certain 
Additional Collectors. - Notwithstanding anything contained in sub -section (1) or sub-
section (2) of section 15 or in any decision of any court,- 
 
(a) such Additional Collectors, as had, before the commencement of the 
Rajasthan Imposition of Ceiling on Agricultural Holdings (Amendment) Act, 
1985, reopened any matters referred to in sub - section (1) or sub -section (2) 
of section 15 and had decided them afresh or before whom such matters are 
pending for decision on the date of such commencement, shall, with respect 
to such matters, be deemed and be always deemed to have been directed by 
the State Government under and in accordance with and for the purposes laid 
down in the said sub-sections; 
 
(b) all things done, actions taken, decisions given, directions issued and 
orders passed by such Additional Collectors with respect to such matter 
 
 
 
13.Inseted by Raj amending Act No. 10 of 1985 came into force 13-05-85. 
 
before such commencement shall be deemed to be and be always deemed to 
have been validly done, taken, given, issued or, as the case may be, passed 
by them; and 
 
(c) the existence and validity of any such things done, action taken, 
decisions given, directions issued or, as the case may be, orders passed with 
respect to such matters shall not be called in question in any court or tribunal 
or before any authority on the ground that no direction under and in 
accordance with sub -section (1) or sub -section (2) of se ction 15 was issued 
or for any other defect or want of appointment, form, procedure or 
jurisdiction.} 
  
16. Vesting of surplus land.  - (1) As from the date of service of the final 
statement on a person, the surplus land held by him and shown in the final statement 
shall be deemed to have been acquired by the State Government and the same shall 
from the said date vest absolutely in the State Government free from all encumbrances. 
 
(2) When any land is vested in the State Government under sub -section (1), the 
person holding such land shall within 14 [thirty days] from the date of vesting, surrender 
or deliver its possession to the State Government by placing it at the disposal of the 
Tehsildar within the local limits of whose jurisdiction such land is situate: 
 
15[Provided that the authorised officer may extend the period of surrender or 
delivery of possession of land to allow harvesting of crop standing on the land on the 
date of its vesting in the Government.] 
 
(3) If any person refuses or fails to surrender or deliver possession of the land 
vested in the State Government within the time specified in sub -section (2), he shall be 
deemed to be a trespasser on such land liable to ejectment therefrom and to the 
payment of penalty in accordance with secti on 91 of the Rajasthan Land Revenue Act, 
1956. 
 
(4) Notwithstanding anything contained in section 18 or in any other provisions of 
this Act, where any transfer of land is not recognised or taken into consideration in 
determining the ceiling area applicable to the transferor under sub-section (1) of section 
6, surrender of surplus land vesting in the State Government shall be made by the 
transferor out of the land remaining with him after the transfer and the balance of 
surplus land remaining, if any, shall be recovered from the transferee by his ejectment. 
In case surplus land or any portion of it is recovered from the transferee, the price paid 
by him for such land or portion thereof shall be deducted from the amount of acquisition 
 
14. Substituted by Raj amending Act No. F2(40),vidhi/75, dated 05-02-76. 
15. Added by Raj amending Act No. F2(40),vidhi/75, dated 05-02-76. 
 
 
 
payable to the transferor  and shall be paid to the transferee to an extent not exceeding 
such amount of acquisition. 
 
17. Restriction on future acquisition.  - (1) On and from the commencement of 
this Act, it shall not be lawful for any person to acquire by purchase, gift, mortgage, 
assignment, lease, surrender, devolution, bequest or otherwise any land so as to affect 
an increase to the extent of his holding over the ceiling area applicable to him. 
 
(2) Notwithstanding anything contained in any law for the tie being in forc e, no 
document relating to any transfer of land either by way of sale, gift, mortgage, 
exchange, surrender or otherwise shall be registered by any registering officer 
appointed under the Indian Registration Act, 1908 (Central Act 16 of 1908), unless- 
 
(a) the transferor makes a declaration in writing on such form as maybe 
prescribed and files it before such officer that the land intended to be transferred  
has not been declared surplus  and and may not be declared to be in excess of 
the c eiling area applicabl e to him and, in case the transfer relates to land 
mentioned in clause (d) and clause (e) of sub-section (1) of section 22, produces, 
at the time of registration of the document, a copy of a certificate which will, on 
an application being made by him in the prescribed manner, be obtained from the 
authorised officer to the effect that there is no objection to the said document’s 
being registered and which will be subject to the final statement prepared under 
section 13]; and 
 
(b) the transferee makes a declaration in writing in such form as may be 
prescribed and files it before such officer disclosing the area of the land already 
held by him and that the land already held by him together with the land to be 
transferred to him will not exceed the ceiling area applicable to him. 
 
(3) If on or after the commencement of this Act any person acquires land by any 
of the methods mentioned in sub -section (1) which affects an increase in the extent of 
his holding over the ceiling area applicable to him, he shall wi thin sixty days of such 
acquisition furnish a return to the authorised officer in accordance with section 10. 
 
(4) The provisions contained in sections 4 to 16 shall, so far as may be apply in 
relation to the land referred to in sub-section (3). 
 
16 (5) Nothing in sub-sections (1) to (4) shall apply to a person who acquires, with 
the prior approval of the State Government or any other authority appointed by it in this 
behalf, any land in excess of the ceiling area applicable to him, to be used for any of th e 
prescribed non-agricultural purposes: 
 
Provided that such person shall have to – 
  
 
16. Added by Notification dated 16.09.12. 
(i) apply for conversion of the land for the proposed non -agricultural use 
within one year from the date of such acquisition; and 
(ii) commence the propsed of the land for the proposed non -agricultural 
use of the land within a period of three yeasrs from the date of 
conversion of the land for the proposed non-agricultural purpose. 
 
17(5-A) Nothing in sub -sections (1) to (4) shall apply to a person who has 
acquired or acquires an y land in excess of the ceiling area applicable to him and has 
proposed or proposes to use the said land for the purpose of Solar Farm/Park, Solar 
Plant/Solar Power Plant or related activities as defined in Rajasthan Solar Energy 
Policy, 2019 or Wind Farm, Wind-Solar Hybrid Projects or related activities as defined in 
Rajasthan Wind and Hybrid Energy Policy, 2019 for the generation of solar or wind 
power:  
 
Provided that such person shall have to-  
 
(i) submit an application to the State Government within one year from the 
date of coming into force of the Rajasthan Imposition of Ceiling on 
Agricultural Holdings (Amendment) Act, 2020 (Act No……… of 2020) 
or within a period of one year from the date of acquisition of land, for 
the purpose of using such land fo r setting up Solar Farm/Park, Solar 
Plant/Solar Power Plant, or Wind Farm, Wind -Solar Hybrid Projects or 
related activities. The State Government may entertain such 
application after expiry of one year if the applicant satisfies the State 
Government that t here were sufficient reasons for not moving the 
application within the period of one year; (ii) commence the use of said 
land for development of Solar Farm/Park, Solar Plant/Solar Power 
Plant, or Wind Farm, Wind -Solar Hybrid Projects or related activities 
within a period of three years from the date of permission to use the 
said land for such purpose. The State Government on sufficient cause 
being shown may extend the period by further period of two years.”; 
and 
 
(ii)  in sub -section (7), the existing expression  “in subsection (5) or sub -
section (6) contravenes the provisions of sub-section (5) or sub-section 
(6)”, the expression “in sub -section (5), (5 -A) or sub -section (6) 
contravenes the provisions of sub -section (5), (5-A) or sub-section (6)” 
shall be substituted. 
 
18 (6) Nothing in sub-sections (1) to (4) shall apply to a person who has acquired, 
before the coming into force of the Rajasthan Imposition of Ceiling on Agricultural 
Holdings (Amendment) Act, 2010, land in excess of the ceiling area applicable to him, if 
such person applies to the State Government, within one year of the coming into force 
 
17. Added by Notification dated 16.09.12. 
18. Added by Notification dated 16.09.12. 
19. Added by Notification dated 16.09.12. 
of the aforesaid Act, for conversion of the land for the prescribed non -agricultural 
purpose and commences the proposed non -agricultural use of the land within a period 
of three years from the date of conversion of the land for the proposed non -agricultural 
purpose. 
 
19 (7) If the person referred to in sub -section (5) or sub -section (6) contravenes 
the provisions of the sub -section (5) or sub -section (6), as the case may b e, or the 
conditions, if any, specified in the approval granted under sub -section (5), the approval 
shall be deemed to have been withdrawn, and the order of conversion of land for 
agricultural use, if any, shall be deemed to have been cancelled and the pro visions of 
sub-sections (1), (3) and (4) shall apply to him  mutatis mutandis as if he had acquired 
the land on the date of such contravention. 
 
Explanation. - The question as to whether the contravention as referred to in this sub -
section has been committe d or not shall be heard and decided by the 
State Government whose decision thereon shall be final.] 
 
20{18. Selection of land within ceiling area.  - (1) A person holding or acquiring 
land in excess of ceiling area applicable to him shall have the right to select any land 
within the ceiling limit which he wants to retain in his possession and such right shall be 
exercised by specifying the land so selected in the return required to be furnished under 
this Act and if the area of land declared surplus in the draft statement is in excess of the 
one shown in the return, he may, in the objections to be filed by him to the draft 
statement, exercise his option in so far as this excess is concerned, to chose which of 
the lands held by him should be surrendered: 
 
Provided that if such person has not made the selection of the land to be retained 
by him before the commencement of the Rajasthan Imposition of Ceiling on Agricultural 
Holdings (Second Amendment) Ordinance, 1975, he may, by an application in writing 
make the selection within fifteen days from such commencement or within fifteen days 
from the date of service of final statement, whichever is earlier and in that case the final 
statement, if already prepared under section 13, shall be modified accordingly and shall 
be served and published in accordance with that section: 
 
Provided further that where a person holds or acquires land of which some are 
encumbered and some are not, the selection under this section, so far as practicable; 
be made in favour of encumbered land in preference to un-encumbered land. 
 
(2) In making a selection under sub -section (1) such person may also select land 
for the separate unit: 
 
 
 
 
20. Substituted by Amending Act no. 8 of 1976 vide Notification no. F2(40)vidhi/75 dated -05-02-76. 
Provided that the land selected for the separate unit, after adding the land held 
by such unit shall not exceed the ceiling area applicable to such unit.} 
 
CHAPTER III 
Amount of Acquisition. 
 
19. Determination of amount of acquisition. - (1) The State Government shall 
be liable to pay the amount of acquisition for all lands vesting in it under section 16 to 
the person upon whom the final statement was served. 
 
(2) Every such person shall within thirty days from the vesting o f land in the State 
Government or within such extended time as may be allowed by the Authorised Officer 
submit to the Authorised Officer a detailed statement of claim for the amount of 
acquisition in such form as may be prescribed. 
 
(3) On receipt of the s tatement of claim for the amount of acquisition under sub -
section (2) the Authorised Officer shall,- 
 
(a) send one copy of the statement to the Tehsildar of the Tehsil in which the 
land vested is situate to report within one month about the correctness or 
otherwise of the particulars given in the statement and in particular about 
the extent of land that has vested in the State Government, its 
classification and the condition of improvements. 
 
(b) issue a notice in such form as may be prescrib ed inviting objections 
against the statement of claim within one month; and 
 
(c) hear and dispose of objections, if any, and then proceed to determine the 
amount of acquisition payable in accordance with the scales laid down in 
sub-section (4). 
 
21[(4) The amount of acquisition payable to a person for surplus land vesting 
in the State Government under section 16 shall be determined by the Authorised Officer 
according to the following scales:- 
 
  
1. For the first 7.5 acres surplus land:- 
 
21. Substituted by Notification no. F2(23) vidhi/81, dated-20-10-81. 
  
  (a) Nahri Rs. 1600/-per acre   
  (b) Chahi Rs. 1000/-per acre 
  
  (c) Dry (Barani) land in- 
 
  
    (i) fertile zone as described in the Schedule Rs. 500/ per acre. 
 
 
 
 
 
22 [(5) The amount of acquisition determined under sub -section (3) shall be paid 
in cash or in bonds or partly in cash and partly in bonds, as may be prescribed.] 
 
(6) The amount of acquisition shall carry a simple interest at two and a half per 
cent per annum from the date of surrender of surplus land under sub -section (2) of 
 
22. Substituted by Rajasthan Amending Act no. 1 of 1974 vidhi Notification no. F2(23) vidhi/ 73, dated-22-01-74. 
  
   (ii) semi-fertile zone as described in the  Schedule Rs. 300/ per acre. 
  
   (iii) hilly zone as described in the Schedule Rs. 300/ per acre.   
    (iv) semi-desert zone as described in the Schedule Rs. 100/ per acre. 
   
2. For the next 7.5 acres of surplus land:- 
 
  
(a)  Nahri Rs. 1400/- per acre 
 
   (b) Chain Rs. 800/- per acre   
(c) Dry (Barani) land in- 
 
  
(i) fertile zone as described in the Schedule Rs. 440/- per acre. 
  
(ii) semi-fertile zone as described in the Schedule Rs. 260/- per acre. 
  
(iii) hilly zone as described in the Schedule Rs. 260/- per acre. 
  
(iv) semi-desert zone as described in the Schedule 
  
Rs. 88/- per acre. 
   
3. For the remaining surplus land:-   
 
  
(a) Nahri Rs. 1280/- per acre 
  
(b) Chahi  Rs. 800/- per acre 
  
(c) Dry (Barani) land in-  
 
  
(i) fertile zone as described in the Schedule  Rs. 400/- per acre. 
  
(ii) semi-fertile zone as described in the Schedule  Rs. 240/- per acre.   
(iii) hilly zone as described in the Schedule  Rs. 240/- per acre.   
(iv) semi-desert zone as described in the Schedule Rs. 80/- per acre. 
  
(v) desert zone as described in the Schedule                Rs. 60/- per acre. 
section 16 or of ejectment therefrom under sub -section (3) of that section, as the case 
may be, till the date of payment. 
 
(7) All land revenue, rent or other income of th

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