The rajasthan land reforms and resumption of jagirs act, 1952

The Rajasthan Land Reforms and Resumption of Jagirs Act, 
1952 
Act No. 6 of 1952 
 
 
[Received the assent of the President on the 13th day of February, 1952; Assent first published in Rajasthan 
Gazette Extraordinary dated 16.2.1952]  
An Act to to provide for the resumption of jagir lands and other measures of land reforms.  
CHAPTER-I 
Preliminary 
1. Short title, extent and commencement.  - (1) This Act may be called the Rajasthan Land Reforms and 
Resumption of Jagirs Act, 1952.  
(2) It extends to the whole of the State of Rajasthan.  
(3) It shall come into force on such date as the Government may, by notification in the Rajasthan Gazette, 
appoint.  
2. Definitions.  - In this Act, unless the context otherwise requires,- 
(a) 'Agricultural year' means the year beginning on  the first day of July and ending on the thirtieth day of 
June, next following; 
(b) 'Agriculture' includes horticulture; 
(c) 'Board' means the Board of Revenue for the Stat e of Rajasthan established under the Rajasthan Boar d 
of Revenue Ordinance, 1949; 
[(cc) 'Commissioner for Khudkasht lands' means the person appointed by the Government to perform the 
functions of the Commissioner for Khudkasht lands under this Act;] 
(d) 'Existing Jagir Law' means any Act, Ordinance, Regulation, Rule, Order, Resolution, Notification or bye-
law relating to jagirs or jagirdars in force in the  whole or any part of the State at the Commencement  of 
this Act and includes. - 
(i) any custom or usage, relating to such jagirs or  jagirdars prevailing at the commencement of this 
Act in the whole or any part of the State and having the force of law, and 
(ii) the terms and conditions contained in any orde r or instrument granting, or recognising the grant 
of a jagir; 
(e) 'Government' means the Government of Rajasthan; 
(f) 'Jagir Commissioner' means the person appointed  by the Government to perform the functions of a 
Jagir Commissioner under this Act; 
(g) 'Jagirdar' means any person recognised as a jag irdar under any existing Jagir Law and includes a 
grantee of jagir land from a jagirdar; 
(h) 'Jagir land' means any land in which or in rela tion to which a Jagirdar has rights in respect of l and 
revenue or any other kind of revenue and includes a ny land held on any of the tenures specified in the  
First Schedule; 
[(i) 'Khudkasht' means any land cultivated personally by a Jagirdar and includes- 
(i) any land recorded as Khudkasht, Sir, or Hawala in settlement records, and 
(ii) any land allotted to a Jagirdar as Khudkasht under Chapter IV]; 
(j) 'land' includes benefits to arise out of land a nd things, attached to the earth or permanently fas tened to 
anything attached to the earth and also shares in o r charges on, the revenue or rent of villages or 
towns, sites of villages or towns, or other defined portions of territory; 
(k) 'land cultivated personally' with its grammatic al 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 ki nd (but not by way of a share in crops) or by hired  
labour under one's personal supervision or the pers onal supervision of any member of one's 
family [x x x]: 
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 Armed Forces of the Union, or who/being a student of an educational institution 
recognised by the Government is below the age of twenty-five years, land shall be deemed to be cultivated 
personally even in the absence of such personal supervision;  
[(kk) 'occupied land' means land which for the time  being has been let out to, and is in the occupatio n of, 
tenant and includes Khudkasht; and 'unoccupied land' means land which is not occupied;] 
(l) prescribed' means prescribed by rules made under this Act; 
(m) 'rent' means anything which is payable in cash or in kind or partly in cash and partly in kind on account 
of the use or occupation of land or on account of a ny right in land and includes any income from the 
natural produce of land. 
[(n) 'settled', when used with reference to a villa ge or any other area, means the village or other ar ea to 
which the rent- rates determined during settlement operations have been made applicable, whether 
prospectively or retrospectively, and the whole of such village or other area shall be deemed, for the  
purposes of this Act and the rules and orders made thereunder, to be so settled if such rates have bee n 
made so applicable to not less than three-fourths of such village or other area;] 
(o) 'State' means the State of Rajasthan: 
(p) sub-tenant' means a person who holds land from a tenant; 
(q) 'tenant' means a person by whom rent is, or, bu t for a contract, express or implied, would be paya ble in 
respect of jagir land, and save as otherwise expres sly provided, includes a sub-tenant but does not 
include a lessee, for a fixed term of years; 
(r) 'tribute' in relation to a jagir, includes rekh , rakem, chatund, chakri or other charge of a simil ar nature; 
and 
[(s) X X X] 
3. Interpretation.  - Unless the context otherwise requires the General Clauses Act. 1897, (X of 1897), [of the 
Central Legislature] shall apply for the interpretation of this Act as it applies for the interpretation of an Act of 
Parliament.  
CHAPTER-II 
Assessment of Jagir lands to land Revenue 
4. All lands liable to pay land revenue.  - Notwithstanding anything contained in any existing Jagir Law or any 
other law, all jagir-lands shall, as from the commencement of this Act, be liable to payment of land revenue to 
the Government; and as from such commencement, [the liability of- 
(a) all Jagirdars to pay tribute to the Government, under any existing Jagir Law shall cease, and  
(b) any grantee of jagir land from a jagirdar to pa y any sum to the jagirdar in respect of such grant shall 
likewise cease: 
Provided that nothing contained in this section shall apply to any jagir land- 
(a)[which was originally granted or was or is deeme d to have been granted, and the income of 
which is being utilised, for the maintenance of any  educational or charitable institution] or any 
place of religious worship or for the performance of any religious service, or  
(b) the rental income of which as determined under section 6 or section 7 is less than five hundred 
rupees]. 
5. Assessment of land revenue.  - The land revenue payable in respect of the jagir lands of every jagirdar 
shall be assessed by the Collector in accordance with the provisions of this Chapter.  
6. Determination of rental Income from Jagir lands. - (1) For the purpose of assessing the land revenue 
payable in respect of the jagir lands of a jagirdar the Collector shall first determine the rental income from such 
lands in the manner hereinafter provided. 
(2) Where the jagir lands are situated in more than one village, the rental income from such lands in each 
village shall be separately determined. 
(3) The rental income from the jagir lands in a village shall- 
(a) where the village is a settled village, [be the total of - 
(i) the rents assessed on the jagir lands (other th an Khudkasht lands which have not been so 
assessed) as entered in the revenue records of the village, and 
(ii) the rents which would have been payable in respect of Khudkasht lands (which have not been so 
assessed) if they had been let out to tenants on the prevailing rent-rates in the locality]; 
(b) where the jagir-lands are under the direct mana gement of the Government or under the 
superintendence of the Court of Wards and clause (a) does not apply, be the total of- 
(i) the rents payable by the tenants thereof as ent ered in the Government records relating to the 
jagir lands, and 
(ii) the rents which would have been payable in res pect of [x x x] Khudkasht lands if they had been 
let out to tenants on the prevailing rent-rates in the locality; and 
(c) where the village is not a settled village and clause (b) does not apply, be the amount determined in the 
manner specified in section 7. 
7. Computation of rental income from jagir lands in villages which are not settled.  - (1) Where any jagir 
lands of a jagirdar are situated in a village which is not settled, the Collector shall give notice in the prescribed 
manner, requiring the jagirdar to furnish within such period, not being less than sixty days, as may be specified 
in the notice, a statement in the prescribed form showing- 
(a) the income from rents during each of the three agricultural years 1949-50, 1950-51 and 1951-52, and  
[(b) the income from rents which would have been pa yable in respect of khudkasht lands if they were le t 
out to tenants on the prevailing lands rent-rates in the locality]. 
(2) Where a jagirdar has furnished a statement under sub-section (1), the rental income mentioned therein from 
the jagir lands, shall subject to the provisions of sub-section (3), be deemed to be the rental-income from those 
for the purpose of assessment of land revenue thereon.  
(3) Where a jagirdar has failed to furnish a statement under subsection (1) in respect of any jagir lands, or 
where the Collector has reason to believe that in any such statement the jagirdar has concealed any rental 
income or deliberately furnished inaccurate particulars thereof, the Collector shall determine the rental income 
from those jagir lands after holding such enquiry and in accordance with such principles as may be prescribed. 
(4) The statement furnished by a jagirdar under sub-section (1) may be used against him for the purpose of 
determining the compensation payable to the jagirdar if the jagir are resumed under this Act or under any other 
law [for the time being in force]. 
8. Amount of land revenue payable.  - The land revenue payable by a jagirdar in respect of his jagir shall be- 
(a) for the agricultural year 1951-52, an amount eq ual to the amount of tribute payable by him to the 
Government for that year;  
[(b) for the agricultural year 1952-53 and each of the [six succeeding agricultural years]- 
(i) in the case of jagir lands the annual rental in come of which as determined under section 6 or 
section 7, exceeds five hundred rupees but does not  exceed five thousand rupees, one-sixteenth 
of such rental-income or the amount of the tribute which was payable by the jagirdar for the 
agricultural year 1950-51, whichever is greater; 
(ii) in the case of jagir lands the rental income o f which as determinated under section 6 or section 7 
exceeds five thousand- rupees, one-eighth of such [ annual rental-in-come] or the amount of the 
tribute which was payable by the jagirdar for the agricultural year 1950-51, whichever is greater. 
Explanation.  - For the purpose of this clause, the amount of tribute payable by a jagirdar to the Government 
for the agricultural year 1950-51 shall be deemed to be the amount of such tribute less the amount of any 
tribute payable to such jagirdar by any person to whom the jagirdar may have granted any of his jagir lands], 
(c) for the [agricultural year 1959-60] and subsequ ent years, one-fourth, of the rental income from th e jagir 
lands as determined under ,section6 and 7; 
Provided that - 
(i) where no tribute was payable by the jagirdar be fore the commencement of this Act or where the 
whole of the tribute has been paid before such comm encement, the jagir lands shall be deemed 
to be exempt from the payment of land revenue for the agricultural year 1951-52; [X X X] 
(ii) where the jagirdar has paid p part of the trib ute before the commencement of this Ace, the land 
revenue payable by him for the agricultural year 19 51-52 shall be an amount equal to the 
balance of the tribute which would have been payabl e by him for that year if this Act had not 
been passed, [and 
(iii) the Government may direct that for the purpos es of clauses (b) and (c) of this section, the rent al 
income of any jagir land for all or any of the agri cultural year mentioned in those clauses shall be 
determined or determined on the basis of the rental income which actually accrued to the jagirdar 
from the jagir land in such year or years, as the case may be], 
CHAPTER-III 
Khatedari rights of tenants in jagir lands 
9. Khatedari rights in jagir lands.  - Every tenant in a jagir land who at the commencement of this Act is 
entered in the revenue records as a Khatedar, pattedar, khademdar or under any other description implying 
that the tenant has heritable and full transferable rights in the tenancy shall continue to have such rights and 
shall be called a khatedar tenant in respect of such land.  
10. Khatedari rights in Khudkasht land.  - As from the date of resumption of any jagir land, any khudkasht 
land of a jagirdar [x x x] shall be deemed to be held by the jagirdar [x x x] as a khatedar tenant and shall be 
assessed at the village rate.  
Explanation.  - In this Section, the expression 'village rate' means the rate fixed for a particular class of soil in 
the current settlement and in an area which is not brought under settlement, the rate as fixed by the Collector 
after taking into consideration the prevailing rates for similar class of soil, in the adjoining village or villages.  
[11 & 12.  * * *] 
CHAPTER-IV 
Khudkasht 
13. Commissioner for Khudkasht lands.  - The Government may, by notification in the Rajasthan Gazette, 
appoint a Commissioner for Khudkasht lands who shall exercise such powers and perform such duties as may 
be prescribed.  
14. Application for allotment of Khudkasht.  - (1) [A jagirdar who on the 1st day of July, 1954, does not hold 
any khudkasht or who on such date holds khudkasht less in area than the maximum area specified in section 
18 [may not later than] [the thirty-first day of August, 1958] or within three months of the date of resumption, 
whichever is later, apply to the Collector or to the Commissioner for khudkasht land for allotment of khudkasht],  
(2) Every such application shall be in the prescribed form and shall be signed and verified in the manner 
provided in the Code of Civil Procedure, 1908 (Act V of 1908) for the signing and verification of plaints.  
15. Interim lease of land.  - Pending the final determination of an application under section 14 the Collector 
may let out to the applicant for being cultivated personally by him such vacant land in the village where he 
ordinarily resides or where his jagir lands are situate or in the neighbouring villages as may be available on 
such terms and conditions as may be prescribed.  
[16. Allotment of Khudkasht.  - (1) Where an application under section 14 is received by the 
Commissioner for khudkasht lands, he shall after holding the inquiry in the prescribed manner 
pass such orders thereon as he deems fit having regard to the provisions of clause (a) of sub-
section (2). 
(2) Where an application under section 14 is received by the Collector the Collector after holding 
in the prescribed manner such inquiry as he deems fit may- 
(a) where the jagirdar has conferred khatedari righ ts in his jagir land on any person 
after the commencement of this Act, or where any me mber or members of the 
jagirdar's family hold land according to the scale laid down in section 18, reject the 
application; 
(b) where the area applied for to be allotted as kh udkasht does not exceed thirty 
acres, either reject the application or allot tot h e applicant such area of land (not 
exceeding the area applied for) as khudkasht as he may deem proper; and 
(c) in any other case submit his report in respect of the matters contained in the 
application to the Commissioner for khudkasht lands  for his order and where the 
Collector makes a recommendation for the allotment of khudkasht, he shall 
specify the manner in which his recommendation may be carried out. 
(3) As soon as may be after an order is passed by the Commissioner for khudkasht lands under 
sub-section (1) or sub- section (2) the Collector shall give effect to such order.] 
17.  [x x x]  
18. Maximum areas of Khudkasht.  - (1) Subject to the provisions of sub-section (2), the maximum area of 
land allotted as khudkasht under this Chapter together with any land held as khudkasht before the 
Commencement of this Act shall not exceed- 
(a) where the area of the jagir land does not exceed 60 acres, one half of that area; 
(b) where the area of the jagir land exceeds 60 acr es but does not exceed 200 acres, 25% of the area i n 
excess of 60 acres in addition to the area permissible under clause (a); 
(c) where the area of the jagir land exceeds 200 ac res but does not exceed 500 acres, 15% of the area in 
excess of 200 acres in addition to the area permissible under clauses (a) and (b); 
(d) where the area of the jagir land exceeds 500 ac res but does not exceed 1000 acres, 10% of the area  in 
excess of 500 acres in addition to the area permissible under clauses (a), (b) and (c); 
(e) where the area of the jagir land exceeds 1000 a cres, 5% of the areas in excess of 1,000 acres in 
addition to the area permissible under clauses (a),  (b), (c) and (d) so however that the maximum area 
so allotted shall not exceed 500 acres. 
Explanation.  - (1) In this section, an acre of land means an acre of unirrigated land.  
Explanation.  - (2) For the purpose of calculating the area of land under this section, one acre of irrigated land 
shall be deemed to be equal to three acres of unirrigated land.  
(2) Notwithstanding anything contained in sub-section (1) where a jagirdar holds khudkasht land at the 
commencement of this Act in excess of the maximum area specified therein, he shall continue to hold such 
land as khudkasht.  
[19. Land to be allotted as Khudkasht.  - Only the land situated within Stage-II of the Indira Gandhi 
Nahar Pariyojana shall be allotted as Khudkasht under this Chapter.] 
[19A. Exchange of lands under personal cultivation for other lands.  - A jagirdar who wants to 
exchange any jagir land cultivated personally by him for any other land of the description 
specified in clause (vi) of sub-section (1) of section 19 may apply for such exchange to the 
Commissioner for khudkasht lands in the prescribed manner within six months of the date of 
notification issued under section 21, and the said Commissioner after holding such inquiry, as 
may be necessary, shall make a report to the Government and the Government may pass such 
orders thereon as it may deem fit.] 
[19B. Examination and cancellation of allotment of certain lands as Khudkasht.  - Notwithstanding 
anything contained in section 19 or in the rules made under this Act, the State Government, upon 
a complaint in writing made in that behalf or upon the facts otherwise coming to its knowledge, 
within six months from the date of the commencement of the Rajasthan Land Reforms and 
Resumption of Jagirs (Eighth Amendment) Act, 1958 or the date of such allotment, whichever 
may be later, may after hearing the person complained against- 
(i) order that the matter of the allotment of any l and specified in sub-section (1) of 
section 19 may be examined by such officer, not bel ow the rank of a Collector, as 
the State Government may by such order authorise, and 
(ii) cancel such allotment if it is found to have b een secured by means of fraud or misrepresentation on the 
part of the allottee.] 
CHAPTER-V 
Resumption of jagir lands 
20. [xxx]  
21. Resumption of jagir lands.  - (1) as soon as may be after the commencement of this Act, the Government 
may, by notification in the Rajasthan Gazette, appoint a date for the resumption of any class of jagir lands and 
different dates may be appointed for different classes of jagir lands.  
(2) The Government may, by notification in the Rajasthan Gazette, vary any date appointed under this section 
at any time before such date.  
(3) The date finally appointed under this section in relation to the resumption of any jagir lands is hereinafter 
referred to as the 'date of resumption' of those jagir lands.  
22. Consequences of resumption.  - (1) As from the date of resumption of any jagir lands notwithstanding 
anything contained in any existing jagir law applicable thereto but save as otherwise provided in this Act,- 
(a) the right, title and interest of jagirdar and o f every other person claiming through him *[x x x] in his jagir 
lands, including forests, trees, fisheries, wells, tanks, ponds, water channels, ferries, pathways, vi llage 
sites, hats, bazaars and me la grounds and mines an d minerals whether being worked or not, shall 
stand resumed to the Government free from all encumbrances; 
(b) all rights, title and interests created in or o ver the jagir by the jagirdar or his predecessor-in -interest 
shall, as against the Government, cease and determine; 
(c) all rents and cesses in respect of any holdings  (including any land leased by or on behalf of the jagirdar 
for any purpose other than agriculture) in the jagi r land for any period after the date of resumption 
which, but for such resumption, would have been pay able to the jagirdar, shall be payable to the 
Government; 
(d) all revenue, rents, cesses or other dues for th e agricultural year in which the date of resumption  falls, 
recovered by the jagirdar before the said date or b y the Government after the said date, shall, after 
deducting therefrom the expenses of collection at t he rate of 7 percent be ratably distributed between  
the jagirdar and the Government, the amount to be d istributed bearing to the total amount recovered 
during the agricultural year the same proportion wh ich the period before the date of resumption or, as  
the case may be, the period after the said date, bears to the whole of the agricultural year; 
(e) all arrears of revenue, ceases or other dues in  respect of any jagir land due from the jagirdar fo r any 
period prior to the date of resumption including an y sum due from him under clause (d) and all loans 
advanced by the Government or the Court of Wards to  the jagirdar shall continue to be recoverable 
from such jagirdar; 
(f) the Government shall cease to be liable to pay to the jagirdar any cash payment in respect of his rights 
as such jagirdar; 
(g) the right, title and interest of the jagirdar i n all buildings, on jagir lands used for schools, [ and hospitals 
not within residential compounds] shall stand extin guished and such buildings shall be deemed to have 
been transferred to the Government; 
(h) the right, title and interest of the jagirdar o r any other person in the jagir land resumed under clause (a) 
shall not be liable to attachment or sale in execut ion of any decree or other process of any court, ci vil, 
or revenue and any attachment existing on the date of resumption or any order for attachment passed 
before such date shall cease to be in force; 
(i) the jagirdar shall cease to be liable to pay an d shall not be required to pay to the Government in  respect 
of any jagir land resumed under this Act, any tribu te or land revenue payable by him under any existin g 
jagir law or under this Act. 
(2) Nothing contained in this section shall- 
(a) render the Government liable for the payment of  debts incurred by the jagirdar and the jagirdar sh all be 
personally liable for the payment of all such debts; 
(b) operate as a bar to the recovery, [through the Collector as an arrear of land revenue by the jagir dar of 
any sum which is legally due (subject to the deduct ion of collection charges at the rate of 7%) to him  by 
virtue of his rights in the jagir land in respect o f any period prior to the commencement of the 
agricultural year in which the date of resumption falls; 
[(c) preclude the Government from remitting wholly or in part any loans advanced to 
the jagirdar by the Government and utilised by the jagirdar for the economic or 
agricultural development of his jagir lands other than khudkasht lands: 
Provided that where a tenant disputes the Jagirdar's claim for the dues mentioned in clause (b) 
the jagirdar shall be required to file a suit for such dues according to law.] 
[22A. Jagirdar to deliver records.  - (1) Every jagirdar whose jagir-lands have been or are resumed 
under this Act shall, within two months of the date of the commencement of the Rajasthan Land 
Reforms and Resumption of Jagirs (Eleventh Amendment) Act, 1959 or of the date of 
resumption of his jagir lands, whichever may be later, deliver to the Collector, or to any officer 
authorised in this behalf by the Collector, after obtaining a duly signed receipt from him for the 
same, all records relating to the administration and management of his jagir lands so resumed or 
pertaining to the various items of receipts and disbursements mentioned in clauses (2) and (4) 
respectively of the Second Schedule to this Act, which, in respect of such jagir lands, such 
jagirdars may have maintained or caused to be maintained or which may then be in his 
possession or power: 
Provided that it shall not be necessary so to deliver any records which exclusively deal with or 
evidence the grant or recognition of the grant to the jagirdar of the whole or any portion of the 
jagir lands so resumed. 
(2) If any such jagirdar fails without reasonable excuse to deliver his records in accordance with 
the provisions of sub- section (1), then, without prejudice to any other action that may be taken 
against him under any other provision of this Act or under the provisions of any other law for the 
time being in force, the Jagir Commissioner may, on the report of the Collector made in this 
behalf and after making such inquiry as he considers necessary- 
(i) impose upon such jagirdar a penalty not exceedi ng one-fifteenth of the aggregate 
amount of compensation and rehabilitation grant finally determined under sections 
32 and 38D respectively as payable to him, and 
(ii) direct the Collector to take recourse to legal  process through a competent 
Magistrate for enforcing the surrender of such records. 
(3) The Government or a jagirdar aggrieved by an order of the Jagir Commissioner under sub-
section (2) may appeal to the Board within sixty days from the date of such order and the 
provisions of sub-sections (2), (3) and (4) of section 39 shall apply to the hearing of such appeal 
and the decision of the Board thereon. 
(4) The amount of any penalty imposed upon a jagirdar under clause (i) of sub-section (2) may 
be deducted from the amount of compensation and rehabilitation grant payable to him under this 
Act and shall otherwise be recoverable as an arrear of land revenue.] 
23. Private lands, buildings, wells, house, sites and enclosures.  - (1) Notwithstanding anything contained 
in the last preceding section- 
[(a) Khudkasht lands of a Jagirdar:] 
(b) (i) all open enclosures used for agricultural o r domestic purposes and in his continuous possessio n 
(which including possession of any predecessor-in-i nterest) for *[six] years immediately before the da te 
of resumption; 
[(ii) xxx] 
(iii) all private buildings, places of worship, and  wells situated in, and trees standing on lands, 
included in such enclosures or house-sites, as are specified in clause (i) [x x x] above, or land 
appertaining to such buildings or places of worship; 
(iv) all groves [and fruit trees] wherever situate,  belonging to or held by the jagirdar or any other 
person; 
(c) all [x x x] private wells and buildings belonging to or held by the jagirdar or any other person; 
(d) all tanks in the personal occupation of the Jag irdar and not used for irrigating the lands of any tenant in 
the jagir land; 
shall continue to belong to or be held by such jagirdar or other person:  
[Provided that nothing contained in clause (d) shall affect the rights of the jagirdar in any portion of a tank which 
may be in the personal cultivation of the jagirdar.]  
(2) If any question arises whether any property is of the nature referred to in sub-section (1) it shall be referred 
to the Jagir Commissioner, who may, after holding the prescribed enquiry, make such order thereon as he 
deems fit.  
[24.  xxx] 
25. Penalty for recovering sum to which Jagirdar is not entitled.  - (1) On and from the date of resumption, 
no jagirdar shall recover or receive from any tenant, or resident of the jagir, or from any contractor or other 
person, any rent, cess or other dues, which he is not entitled to recover or receive, under the provisions of this 
Act.  
(2) Where any Jagirdar recovers any rent, cess or other dues in contravention of the provisions of sub-section 
(1), he shall be liable to pay to the Government as penalty such sum not exceeding Rs. 500/- as the Collector 
may, after making an enquiry in the prescribed manner direct, and the Collector may further direct the refund of 
such rent, cess or other dues.  
(3) All sums recoverable under sub-section (2) shall be realised as an arrear of land revenue.  
CHAPTER-VI 
Liability for compensation 
26. Liability to pay compensation.  - (1) Subject to the other provisions of this Act, the Government shall be 
liable to pay to every Jagirdar whose Jagir lands are resumed under section 21, such compensation as shall be 
determined in accordance with the principles, laid down in the second schedule.  
(2) Compensation payable under this section shall be due as from the date of resumption and shall carry 
simple interest at the rate of 2½ per cent per annum from that date up to the date of payment:  
Provided that no interest shall be payable on any amount of compensation which remains unpaid for any 
default of the jagirdar, his agent or his representative in interest.  
[26A. Certain transfers not to be recognised for the assessment of compensation.  - Where a jagirdar 
has on or after the first day of January, 1949- 
(a) transferred any jagir land by sale or gift or by making a grant, or 
(b) granted a lease of his jagir land or any part t hereof or any non-agricultural 
purpose for a period of three years or more, or 
(c) granted a lease or entered into a contract relating to any forest in his jagir land; 
and the Jagir Commissioner is satisfied that such transfer, grant, lease or contract was not made, 
granted or entered into in the normal course of management but in anticipation of *[x x x] the 
resumption of jagir lands, the Jagir Commissioner may direct, that such transfer, grant, lease or 
contract shall not be recognised for the purpose of assessment of compensation or rehabilitation 
grant payable to the Jagirdar under the provisions of this Act.] 
27. Amount for maintenance.  - [(1)] Any person who under any existing jagir law, is entitled to receive a 
maintenance allowance out of the income of any jagir, shall be entitled to receive, out of the compensation [and 
rehabilitation grant] payable to the jagirdar, such amount for maintenance annually as the Jagir Commissioner 
may fix after taking into consideration- 
(i) the amount of maintenance allowance which that person used to receive from the jagirdar before the  
date of resumption, [or was entitled to receive]. 
(ii) the net income of the jagirdar from the jagir at the time of fixing the said maintenance allowance: 
(iii) the net amount of compensation [and rehabilitation grant] payable to the Jagirdar; and 
(iv) such other matters as may be prescribed. 
[(2) Notwithstanding anything contained in sub-section (1), the Government may, in the case of a widow who is 
entitled to such maintenance allowance continue to pay to her out of the Consolidated Fund of the State the 
whole or any part of the maintenance allowance during her life-time even after the full compensation and 
rehabilitation grant payable under this Act have been paid to the jagirdar.]  
[28. Liability to make certain payments.  - Notwithstanding anything contained in this Act, if the 
Government is satisfied after making such inquiry as may be prescribed- 
(a) that a religious institution was receiving from  the income of any jagir [lands] resumed under this  Act a 
grant of money for a period exceeding six years from the date of resumption. Government may continue 
to make such grant or any part thereof as it may deem fit from the Consolidated Fund of the State; 
(b) that a jagirdar was liable to pay to any person  out of the income of his jagir land resumed under this Act 
any pension. Government may pay such pension or any  part thereof as it may deem fit from the 
Consolidated Fund of the State.] 
29. Amount payable to a co-sharer .  - Any co-sharer of a jagirdar who under any existing Jagir Law, is 
entitled to receive any share out of the income of any jagir land shall be paid such amount every year from the 
annual installment of compensation [and rehabilitation grant] payable under this Act as bears to the total 
compensation [and rehabilitation grant] the same proportion which his share of the income of the jagir land 
bears to the total income of the jagir land.  
30. Dues and Debts.  - The amounts due from a jagirdar under clause (e) of sub-section (1) of section 22 shall 
be recoverable out of the compensation payable to him under section 26.  
CHAPTER-VII 
Payment of compensation 
31. Statement of claim.  - (1) Every jagirdar whose jagir land has been resumed under section 21 shall, within 
two months from the date of [the notification issued under that section], file in the prescribed from, a statement 
of claim for compensation before the jagir Commissioner;  
[Provided that Jagir Commissioner may entertain a statement submitted after the period prescribed in this 
section if he is satisfied that jagirdar was Prevented by sufficient cause from submitting the statement within the 
prescribed time.]  
(2) Every such statement of claim shall contain the following particulars, namely:- 
(i) description of the jagir and the name of the jagirdar: 
(ii) the number and names of villages comprised in his jagir lands or in which they are situated toget her 
with the particulars of area and the income therefrom on account of rent; 
[(iii) the amount of gross income from his jagir la nds calculated in accordance with and the details o f such 
income from various sources specified in the second Schedule]; 
(iv) the amounts which are required to be deducted fro the said gross income in accordance with the 
second Schedule for the computation of net income of the jagirdar; 
(v) the amount of dues and debts recoverable from t he jagirdar under clause (e) of sub-section (1) of 
section 22; 
(vi) the names of persons, if any entitled to a mai ntenance allowance together with the amount of 
maintenance allowance payable to each such person; 
(vii) the names of co-sharers, if any, in the jagir  land, together with the particulars of the share o f each 
such co- sharer; 
(viii) the names of the Zamindars, if any, in the j agir land, together with the amount of land revenue  which 
each of them pays to the jagirdar; and 
(ix) such other particulars as may be prescribed. 
(3) where a jagirdar relied upon any documents (whether in his possession or power or not) as evidence in 
support of the statement of claim, he shall enter such documents in a list to be added or annexed to the 
statement of claim.  
32. Determination of compensation.  - (1) On receipt of a statement of claim under the last preceding 
section [x x x ] [ or if no such statement of claim is received within the period specified in that section upon the 
expire of that period] the jagir Commissioner shall after making such enquiry as he deems necessary, by order 
in writing, provisionally determine- 
(a) the amount of compensation payable to the jagirdar under section 26; 
(b) the amount recoverable from the jagirdar under clause (e) of sub-section (1) of section 22 and the  
Second Schedule; 
(c) the amount of annual maintenance allowance, if any, payable to persons entitled to such allowance 
under section 27; 
[(d) xxx] 
(e) the amount, if any, payable to co-sharers under section 29. 
(2) A copy of an order made under sub-section (1) shall be served upon the Government, the jagirdars and 
every other interested person and the jagir Commissioner shall after giving the Government, the jagirdar and 
any such interested person a reasonable opportunity of being heard in the matter, make a final order.  
33. Communication of decision.  - The jagir Commissioner shall communicate as soon as practicable his final 
order made under sub-section (2) of section 32 to the Government, the jagirdar and every other interested 
person.  
34. Dues and deductions how payable.  - (1) The amounts recoverable from a jagirdar under clause (e) of 
sub-section (1) of section 22 and those determined in an order made under sub-section (2) of section 32 shall 
be deducted from the compensation payable to him under section 26.  
(2) The amount finally determined under clauses (b), (c) [xxx] and (e) of sub-section (1) of section 32 shall be 
payable in the same number of instalments as the compensation payable to the jagirdar.  
35. Payment of compensation.  - (1) After the amount of compensation payable to a jagirdar under section 26 
is finally determined under sub-section (2) of section 32 and the amounts specified in clauses (b), (c), [x x 
x] and (e), of that section as finally determined are deducted therefrom, the balance shall be divided into fifteen 
equal instalments or at the option of the jagirdar into thirty equal half-yearly instalments.  
(2) The amounts finally determined under each of the clauses (b), (c), [x x x] and (e) of sub-section (1) of 
section 32 shall be deducted and paid to each of the persons entitled there to from every instalment referred to 
in sub-section (1) and the remaining amount of the instalment shall be payable by the Government to the 
jagirdar.  
(3) Where compensation under this Act is payable to- 
(a) a minor or a person suffering from a legal disa bility who is under the superintendence of the Cour t of 
Wards, the compensation money shall be paid to the Court of Wards; 
[(b) a minor or a person suffering from a legal dis ability who is not under the superintendence of the  Court 
of Wards, the compensation money shall be paid to t he person found by the Collector upon inquiry in 
the prescribed manner to be the natural guardian of  such minor or disabled person according to his 
personal law: 
Provided that, in cases in which the question of such guardianship is in dispute, the Collector 
shall apply to the District Judge having jurisdiction to determine such question and to appoint a 
guardian of the minor or disabled person for the purposes of this section] . 
(4) The payment of compensation money under this Act to a jagirdar and to [x x x] co-shares and to persons 
entitled to a maintenance allowance if any, shall be a full discharge of the Government from the liability to pay 
compensation in lieu of the resumption of his jagir lands by the Government but shall not prejudice tire rights to 
which any other person may be entitled by due process of law to enforce against the person to whom any 
amount has been so paid.  
[35A. Form of compensation.  - The compensation payable under this Act shall be given in cash or 
in bonds or partly in cash and partly in bonds as may be prescribed.] 
[36. Interim compensation and rehabilitation grant. - (1) Where within the period of six months from 
the date of resumption of any jagir land, the compensation and rehabilitation grant payable to the 
jagirdar is not finally determined the Government may, subject to such conditions (including 
conditions relating to the obtaining of a security or an indemnity bond as may be prescribed), 
direct the payment to the jagirdar [by way of interim compensation and rehabilitation grant, such 
sum, not exceeding one-tenth of the estimated amount of compensation and rehabilitation grant, 
as the Jagir Commissioner may fix] , and such sum shall be inclusive of any interim payment ordered 
under section 36-A to be made.]  
[(a) and (b) xxx]  
[Provided that if the compensation and rehabilitation grant payable to the jagirdar is not finally determined 
within the period of one year from the date of resumption of his jagir land, the Government may likewise direct 
the periodical payment to the jagirdar of such fraction of the estimated amount of compensation and 
rehabilitation grant by way of interim compensation and rehabilitation grant until the final determination thereof 
as the Government may specify in each particular case.]  
(2) The interim compensation and rehabilitation grant payable under sub-section (1) shall be deemed to be a 
part of the compensation and rehabilitation grant payable under this Act.  
[36A. Interim maintenance allowance and shared.  (1) In the circumstances specified in and subject 
to the conditions prescribed under section 36 every person entitled to receive out of the 
compensation and rehabilitation grant payable to a jagirdar under this Act- 
(a) a maintenance allowance under section 27, or 
(b) a share under section 29, 
shall also be entitled, on application made in that behalf to receive periodically by way of interim 
maintenance allowance or share, as the case may be, such amount as may be fixed by the Jagir 
Commissioner. 
(2) The interim payment made under sub-section (1) shall be deemed to form part of the amount 
of the maintenance allowance finally fixed under section 27 or of the amount of the share finally 
fixed under section 29, as the case may be.] 
[37. Question of title.  - [(1)]  If in the course of a proceeding under this Act any question relating to title, right 
or interest in any jagir land, other than [a question as to any Khudkasht land or the correctness or otherwise of 
any entry relating thereto in settlement records or as to any boundary, map,field- book, record of rights or 
annual register or as to any Wazib-ul-arz or Dasturgahwai or any other settlement paper lawfully prepared or as 
to the correctness or otherwise of any entry made therein or a question referred to in section 3 of the Rajasthan 
Jagir Decisions and Proceedings (Validation) Act, 1955, arises and the question so arising has not already 
been determined by a competent authority, the Jagir Commissioner shall proceed to make an inquiry into the 
merits of the question so arising and pass such orders thereon as he deems fit.]  
(2) Every question referred to in section 3 of the Rajasthan Jagir Decisions and Proceedings (Validation) Act, 
1955 shall be inquired into and decided by a Revenue officer or court declared by the provisions of the said Act 
competent to do so.  
(3) Every other question excluded by sub-section (1) from the jurisdiction of the Jagir Commissioner shall be 
inquired into and decided by a revenue officer or court competent to do so under the provisions of the 
Rajasthan Land Revenue Act, 1956 or the Rules made thereunder.  
(4) If any such question as is referred to in sub-sections (2) and (3) arises in the course of a proceeding under 
this Act, the Jagir Commissioner shall refer it for inquiry and decision of the court competent to do so and shall 
be bound by, and act according to such decision.]  
38. Payment of compensation on the death off a Jagirdar.  - If any jagirdar to whom compensation is 
payable under this Act dies before the full payment of such compensation to him, such compensation as may 
remain payable to him under this Act, shall be payable [to the person or persons found by the Collector upon 
inquiry in the prescribed manner to be the heir or heirs of the deceased jagirdar according to his personal law]: 
[Provided that in cases in which the question of such succession or heirship is in dispute, the Collector shall 
direct all claimants to succession or heirship to have their respective title thereto adjudicated upon by a 
competent Civil Court and payment of the remaining compensation shall be in accordance with such 
adjudication.]  
CHAPTER-VII-A 
Rehabilitation Grant 
38A. Liability for payment of rehabilitation grant. - (1) There shall be paid to every jagirdar to whom 
compensation is payable under this Act a rehabilitation grant on the scale specified in the Third Schedule:  
Provided that such rehabilitation grant shall not be payable to any institution mentioned in clause (7) of the 
Second Schedule.  
(2) The rehabilitation grant payable under sub-section (1) shall be clue as from the date of resumption and shall 
carry simple interest at the rate of 2-x/2 per cent per annum from the date upto the date of payment:  
Provided that no interest shall be payable on any amount of rehabilitation grant which remains unpaid for any 
default of the jagirdar or his agent or his legal representative-in-interest.  
38B. Application for payment of rehabilitation grant.  - (1) Every jagirdar whose jagir land has been 
resumed under section 21 shall, within two m

Excerpt shown. Open the full act in Lexace.

‹ Prev All Rajasthan acts Next ›