LexThe rajasthan land revenue act, 1956
Rajasthan · state statute
Open in Lexace · Ask the AI about this actTHE RAJASTHAN LAND REVENUE ACT, 1956
1. Short title, extent and commencement – (1) This Act may be called “The Rajasthan
Land Revenue Act, 1956.”
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State Government may be notification in
the [official Gazette]1 appoint.
2. Enactments not affected by Act – Nothing in this Act shall be construed so as in any
way of affect or restrict the operation of the provisions of the Rajasthan Land Reforms and
Resumption of Jagirs Act, 1952 (Rajasthan Act VI of 1952) [or the Ajmer Abolition of
Intermediaries and Land Reforms Act, 1955 (Ajmer Act 3 of 1955) or the Bombay Merged
Territories and Areas (Jagir Abolition) Act, 1953 (Bombay Act XXXIX of 1954) in so far as it
applies to the Abu area or the Madhya Bharat Zamindari Abolition Act, Samvat 2008 (Madhya
Bharat Act 28 of 1954) in so far as they apply to the sunel area) 2 or the Rajasthan Land
Summary Settlement Act, 1953 (Rajasthan Act XIX of 1953) of the Rajasthan Tenan cy Act,
1955 (Rajasthan Act 3 of 1955) or the Rajasthan Panchayat Act, 1953 Rajasthan Act XXI of
1953) or and other law or enactment not repealed by Section 263.
3. Interpretation – In this Act, unless the subject or context otherwise requires -
(i) “Land Rec ords Officer” shall mean the collector and shall include Additional or
Assistant Land Records Officer;
3[(ia) “Municipality” shall have the meaning assigned to it by the Rajasthan Town
Municipalities Act, 1951 (Rajasthan Act 23 of 1951) or any other munic ipal law
for the time being in force;
(ib) “Nazul Land” shall mean abadi land within the limits of a municipality or a
panchayat circle or a village, town or city, vesting in the State Government;
(ic) “Panchayat circle” shall have the meaning assigned t o it by the Rajasthan
Panchayat Act, 1953 (Rajasthan Act 21 of 1953) or any other Panchayat law for
the time being in force;]
(ii) “Prescribed” shall mean prescribed by this Act or by rules made under this Act;
(iii) “Recognised Agent” of a party shall, subject to rules made under this Act, mean a
person authorised in writing by such party to make appearances and applications
and to do other acts on his behalf;
4[(iiia) “Revenue Appellate Authority” shall mean the officer appointed as such authority
under Section 20-A;]
(iv) “Settlement Officer” shall include an Assistant Settlement Officer;
1 Substituted by Sec. 4 of the Rajasthan Act No. 2 of 1958, pub. in Raj. Gaz. Part IV-A, Extraordinary, dt. 13-1-1958.
2 Ins. By Part-B of the First Schedule of Rajasthan Act No. 2 of 1958, pub. in Raj. Gaz., Part IV -A, Extraordinary, dt. 13 -1-
1968.
3 Inserted by Section 2 of Rajasthan Act No. 33 of 1959, Pub. in Raj. Gaz. Part IV-A, Extraordinary, dt. 30-6-1959.
4 Ins. vide item 16 of the Schedule of the Rajasthan Act No. 8 of 1962, pub. in Raj. Gaz. Part IV -A, Extraordinary, dt. 23-4-
1962.
(v) “Village” shall mean the tract of land which ha sbeen recognised and recorded, or
may here after be recognised & recorded to be a village;
(vi) “Reference” to an officer appointed under this Act shall be construed to include
references to an additional officer of the same grade likewise apointed;
(vii) “Words and expressions” defined in the Rajasthan Tenanacy Act, 1955 (Rajasthan
Act 3 of 1955) shall, wherever used herein, be construed t o have the meaning
assigned to them by the said Act; and
(viii) “Words & expressions used to denote” the possessor of any right, title and interest
shall be deemed to include the predecessors and successors in right, title or interest
of such person.
4. Establishment and Composition of Board – (1) There shall be established for the State
of Rajasthan, a Board of Revenue here in after referred as the Board.
5[(2) The Board shall consist of a Chairman, and not less than three and not more than
6[fifteen] other members].
(3) All appointments made under sub -section (2) shall be notified in the 7[Official
Gazette].
8[(4) The State Government shall prescribe the qualifications of persons who shall be
eligible for appointment as Chairman and member of the Board , the method of their selection
for appointment and the condition of their service:
Provided that till the qualifications of persons to be eligible for appointment as Chairman
and Members of the Board are prescribed by the Government and appointments are made in
accordance therewith their qualification shall continue to be the same as prescribed by sub -
section (4), as it stood immediately before the commencement of the Rajasthan Land Revenue
(Amendment) Ordinance, 1969.]
9[(5) The Constitution of the Boar d shall not be deemed to be invalid if any vacancy
occurs on account of the death, resignation, expiry or termination of the appointment or
temporary absence of the Chairman or any member.]
5. Tenure of Members – All members of the Board shall hold office during the pleasure of
the 10[Governor].
6. Place of Sitting – The headquarters of the Board of Revenue shall be at 11[Ajmer] but
subject to the general or special orders of the State government, it shall be lawful for the Board
to sit at any place within its jurisdiction.
5 Subs. And shall be deemed always to have been subs. Vide Sec. 2(ii) of Raj. Ac t No. 21 of 1966, pub. in Raj. Rajpatra,
Part IV-A, Extraordinary dt. 13-10-1966.
6 Subs. For ten vide Sec. 2 of the Raj. Revenue (Admt.) Act 1986, pub. in Raj. Rajpatra, Part IV-(ka), Extraordinary dt. 15-9-
1986, Page 1, w.e.f. 23-7-1986.
7 Subs. By Sec. 4 of Raj. Act No. 2 of 1958, pub. in Raj. Rajpatra, dt. 13-1-1958.
8 Subs. Vide Raj. Act No. 6 of 1970, pub. in Raj. Rajpatra, dt. 24-4-1970.
9 Ins. vide Raj. Act No. 6 of 1970, pub. in Raj. Rajpatra, dt. 24-4-1970.
10 Subs. Vide Part 1 of the Fourth S chedule to the Rajasthan Adaptation of Laws Order, 1955, pub. in Raj. Rajpatra, dt. 1 -
11-1956.
11 Union of India v. Col. J.N. Sinha, AIR 1951 SC 40 : 1970 (2) SCC 458.
7. Ministerial Officers – (1) There may be appointed for the Board, a registrar and such
other ministerial officers as may be necessary for the exercise and performance of the powers
conferred and duties imposed on it by the Act or by or under any other enactment, rule or order
for the time being in force.
(2) The Registrar and other officers appointed under sub -section (1) shall, subject to
general or special orders of the State Government, exercise such powers and discharge such
functions as the Board may direct.
8. Powers of the Board – Subject to the other provisions of this Act or to the provisions of
the Rajasthan Tenancy Act, 195 (Rajasthan Act 3 of 1955) or of any other law in force, the
Board shall be the highest revenue court of appeal, revision and reference in Rajasthan:
Provided that in all matters where there is a doubt or dispute involving the determination
of the jurisdiction of a civil or a revenue court in respect thereof, the decision of the High Court
shall be final and binding on all civil and revenue courts in 12[the State] including the Board.
(2) In addition to the powers mentioned in sub -section (1)., the Board shall exercise
such other powers and perform such other duties as may from time to time entrusted to it by
the Government or as are conferred or imposed on the Board by or under this Act or any other
law for the time being in force.
9. General Superintendence of Subordinate Revenue Courts – Subject to other
provisions of this Act, the general superintendence and control over all revenue courts and
over all revenue officers shall be versed in, and all such courts and officers shall be
subordinate the Board.
10. Jurisdiction of Board how exercised – (1) Except as otherwise provided by or under
this Act or by any other law or enactment for the time being in force in the whole or any part of
13[the State and subject to an rule made in that behalf, the jurisdiction of the Board may be
exercised -
(a) by the Chairman or any other member of the Board, sitting singly, or
(b) by a Bench of the Board, consisting of two or more members:
Provided that a party aggrieved by a decision of a single member shall have the right to make
a special appeal to a bench consisting of two or more members of the Board within one month
from the date of the decision of the single member, 14[if the member who passed the judgment
15[and if the member who passed the judgment ceases to be attached the Board, any other
member] declares that the case is a fit one for appeal].
(2) Subject to any rules made in that behalf, the Chairman may distribute the business
of the Board & make such territorial or other divisions of its jurisdiction as he may deem fit.
12 Subs. Vide S. 4 of Raj. Act No. 2 of 1958, pub. in Raj. Rajpatra Part IV-A, Extra-ord., dt. 13-1-1958.
13 Added vide Sec. 2 of Raj. Act No. 5 of 1964, published in Raj. Gazette Ex-ord., dt. 26-3-1964.
14 Substituted vide Sec. 4 o Raj. Act No. 2 of 1958, published in Raj. Rajpatra, dt. 13-1-1958.
15 Ins. vide Sec. 2 of Raj. Act No. 3 of 1991, pub. in Raj. Gaz. Ex-ord. 4 (Ka) dt. 27-3-1991, P. 101.
(3) Every order made or act done under sub -section (1) or in accordance with the
distribution or divisi on made under sub -section (2), shallbe deemed to be the order or act, as
the case may be, of the Board.
11. Power to refer to a Bench – The Chairman or any other member of the Board sitting
singly for the disposal of any case or proceeding may, if he thin ks fit, for reasons to be
recorded in writing, refer any question of law or custom having the force of law or of the
construction of any document arising before him in such case or proceeding, for the opinion of
Bench, and the case or proceeding shall be disposed of in accordance with such opinion.
12. Power to refer question to High Court – (1) If any case it appears to a Bench that any
such question as is referred to in Section 11 is of public importance and that it is expedient to
obtain the opinion of the High Court thereon, the Bench may refer the question to that Court.
(2) The High Court may, after such hearing as it thinks fit, record opinion on the
question so referred and the decision of the case shall be in confirmity with such opinion.
13. Decision in c ase of difference of opinion – (1) Where a case is heard by a Bench of
the Board, the decision of such case shall be in accordance with the opinions of the majority of
the members who hear it.
(2) Where such members are equally divide in opinio n as to the order to be made in
such case, the c ase shall be referred to another member and decided in accordance with the
opinion of the majority of the members including such other members who hear it.
14. Registers etc. to be kept – The Board shall cau se to be kept and maintained such
registers, books and accounts as may be prescribed o as may be necessary for the transaction
of its business.
15. Territorial Divisions – (1) For the purpose of the revenue and general administration of
the State, the who le of 16[the State] shall consist of as many 17[division and] 18[districts] as the
State Government may deem fit.
16[(2) Every division shall for like purpose be a district or consist of more than one district
as the State Government may determine.]
(3) The State Government may divide any district into as many sub -divisions as it may
deem fit, each such division to consist of a tehsil or of more than one tehsil.
(4) The State Government may sub -divide any tehsil into as many sub -tehsils as it may
deem fit.
(5) The State Government shall define the limits of each 17[division] district, sub-division,
tehsil or sub-tehsil constituted under this section.
16 Subs. By Sec. 4 of Raj. Act No. 2 of 1958, Pub. in Raj. Rajpatra – Part IV-A Ex.-ord., dt. 13-1-1958.
17 Ins. by Act No. 10 of 1987 w.e.f. dt. 31-1-1987, Pub. in Raj. Gaz., Ex-ord. 4 (ka), dt. 9-4-1987, Pages 43-50.
18 Subs. And omitted vide item No. 16 of the Schedule of Rajasthan Act No. 8 of 1962, Pub. in Raj. Gaz. Part IV -A, Ex.-ord.,
dt. 23-4-1962.
(6) All 17[divisions] districts, sub -divisions, tehsils and sub -tehsils constituted under this
section shall be notified in the 16[official Gazette].
(7) The 17[X X X] districts, sub -divisions, tehsils and sub -tehsils 19[by whatever name
locally designated] existing at the commencement of this Act shall continue respectively to be
the 17[X X X] districts, sub -divisions, tehsils and sub -tehsils as if constituted under this Act
unless, other provision is made in respect thereof under or in pursuance of this Act.
16. Power to create, abolish or alter divisions etc. –The State Government may be
notification in the 16[official Gazette]-
(a) create new or abolish existing 17[divisions] districts, sub-divisions, tehsils and 20[sub-
tehsils, villages], and
(b) alter the limits of any of them.
17. 21[Commissioners and Additional Commissioners – The State Government shall
appoint in each division a Commissioner and may appoint as may Additional Commissioners
as may be necessary in a division or in two or more divisions or parts thereof combined.]
18. Settlement Commissioner and Additional Settlement Commissioner – The Sta te
Government shall appoint for the whole of the State a Settlement Commissioner and may
appoint as many Additional Settlement Commissioners as it may considers necessary.
19. Director and Additional Directors of Land Records – The State Government shall
appoint for the State, a Director of Land Records and may appoint as many Additional and
Assistant Directors of Land Records as it may consider necessary.
20. Appoint of other Officers – The State Government -
(a) shall appoint -
(i) a Collector in each dist rict, who shall also be the Land Records Officer for the
district, and
(ii) a Tehsildar in each tehsil;
(b) may appoint -
(i) an Additional Land Record Officer to a district,
(ii) a Settlement Officer to a district,
(iii) as many Assistant Collectors to a district as it thinks fit, and
(iv) as many Naib-tehsildars to to a Tehsil as it thinks fit;
(c) shall appoint -
(i) as Assistant Collecor in charge of one or more sub-divisions of a district,
(ii) a Tehsildar or a Naib -Tehsildar in charge of one or more sub -tehsils of a tehsil;
and
19 Ins. by Part B of the First Schedule to Rajasthan Act No. 2 of 1958, pub. on 13-1-1958 in Rajpatra.
20 Subs. By Act No. 8 of 1995, pub. in Raj. Gaz., E.O. 4 (ka), dt. 26-4-1995, Page 19.
21 Ins. by Act. No. 10 of 1987, w.e.f. dt. 31-1-1987, pub. in Raj. Gaz., Ex-ord. 4 (kia) dt. 9-4-1987, Pages 43-50.
(d) may appoint -
(i) an Additional Collector in district or in two or more districts combined, and
(ii) an Additional Tehsildar in a tehsil or in two or more tehsils combined.
2220-A Revenue Appellate Authority – (1) The State Government may appoint such
number of officers, not being less than three, a s may be found necessary to receive, hear and
dispose of appeals, revisions and references in revenue judicial cases and other matters
specifically provided for by law.
(2) Every officer so appointed shall be designated as Revenue Appellate Authority and
shall, for exercise of his jurisdiction and the performance of his duties, sit at such place or
places as the State Government may from time to time direct.]
21. Appointment ex-officio – Any appointment under Section 17 or Section 18 or Section 19
or Section 2023 [or Section 203-A] may be made by virtue of office.
22. Notification of appointment – All appointments made under Section 17 to 21 shall be
notified in the 24[official Gazette], provided that it shall not be nece ssary so to notify the
appointments of Naib-Tehsildars.
23. Controlling Power – (1) The control of all non-judicial matters connected with revenue in
the State, other than matter connected with settlement, is vested in the State Government and
the control of all judicial matters and of all matters connected with settlement is vested in the
Board.
(2) The expression “judicial matter” means a proceeding in which a revenue court or
officer has to determine the rights and liabilities of the parties thereto an d the proceeding and
orders as well as appeals, revisions and references in the case specified in the First Schedule
shall be deemed to be judicial matters for the purposes of this Act.
24. Subordination of Revenue Courts and Officers – Subject to the provisions of Sections
9 & 23 -
25[(i) all addl. Commissioners, Collectors, Addl. Collectors, Sub -Divisional Officers, Asstt.
Collectors, Tehsildars, Addl. Tehsildars and Naib -Tehsildars in a division shall be
subordinate to the Commissioner of such division;]
(ii) all addl. Collectors, Sub -Divisional Officers, Asstt. Collectors, Tehsildars, Addl.
Tehsildars and Naib -Tehsildars in a district shall be subordinate to the Collector of
such district;
(iii) all Tehsildars, Addl. Tehsildars and Naib -Tehsildars in a sub -division shall be
subordinate to the Sub-Divisional Officer of such sub-division;
22 Ins. by Act No. 10 of 1987, w.e.f. 31-1-1987, pub. in Raj. Gaz., E.O. 4 (ka), dt. 9-4-1987, P. 43-50.
23 Ins. & omitted vide Sec. 4 read with item No. 16 of the Schedule of Rajasthan Act No. 8 of 1962, pub. in Raj. Rajpatra,
Part IV-A, Ex. Ord., dt. 23-4-1962.
24 Subs. By Sec. 4 of Rajasthan Act No. 2 of 1958, pub. in Raj. Gaz., Part IV-A, Ex. Ord., dt. 13-1-1958.
25 Ins. by Act No. 10 of 1987 Pub. in Raj. Gaz. EO, Part 4(A), dt. 9-4-1987, w.e.f. 31-1-1987.
(iv) all Addl. Tehsildars and Naib -Tehsildars in a Tehsil shall be subordinate to the
Tehsildar of such Tehsil;
(v) all Additional Settlement Commissioners, Collector s, Additional Collectors,
Settlement Officers, Tehsildars, Additional Tehsildars and Naib -Tehsildars shallbe
subordinate to the Settlement Commissioner;
(vi) all Tehsildars, Additional Tehsildars and Naib -Tehsildars in a Tehsil shall be
subordinate to the Settlement Officer exercising jurisdiction in such Tehsil;
(vii) all Additional and Assistant Directors of Land Records Collectors, Additional
Collectors, Land Records Officers, Tehsildars, Additional Tehsildars and Naib -
Tehsildars shall be subordinate to the Director of Land Records;
(viii) all Tehsildars, Additional Tehsildars and Naib -Tehsildars in a Tehsil shall be
subordinate to the Land Records Officer exercising jurisdiction in such Tehsil; and
(ix) all Officers specially appointed for any Local area under Chapter VII shall
subordinate to the Land Records Officer, or under Chapter VIII to the Settlement
Officer, for such area.
[Refers S. 221 Raj. Tenancy Act also]
25. Powers and duties of Courts and Officers – (1) 26[A Commissioner or a] Collector or a]
Collector or a Sub -Divisional Officer or a Tehsildar shall respectively within his division or
district or sub-division or tehsil, exercise all the powers and discharge all the duties conferred
and imposed on him by or under this Act or the Rajast han Tenancy Act, 1955 (Rajasthan Act 3
of 1955) or any other law for the time being in force.
(2) The Settlement Commissioner shall be incharge of all matters related to settlement
throughout the State and shall in respect thereof exercise such powers and discharge such
duties as are conferred and imposed on him by or under this Act or any other law for the time
being in force.
(3) The Director of Land Records shall be incharge of all matters relating to survey and
the preparation, revision and maintenanc e of land records throughtout the State and shall in
respect thereof exercise powers and discharge such duties as are conferred and imposed on
him by or under this Act or any other law for the time being in force.
(4) A Land Records Officer or an officer appointed under Chapter VII shall, within the
area for which he is appointed exercise such powers and perform such duties as are conferred
and imposed on him by or under this Act or any other law for the time being in force.
(5) A Settlement Officer or an officer appointed under Chapter VIII shall, within the area
for which he is appointed, exercise such powers and perform such duties as are conferred and
imposed on himby or under this Act or any other law for the time being in force.
(6) An 27[Additional Commissioner or an] Additional Settlement Commissioner or an
Additional or Assistant Director of Land Records or an Additional Collector or an Additional
Tehsildar shall, within the area for which he is appointed, exercise such powers and perform
such duties respectively of a 27[Commissioner or] the Settlement Commissioner or the Director
26 Ins. by Act No. 10 of 1987 w.e.f. 31-1-1987, Pub. in Raj. Gaz. EO, Part 4(ka), dt. 9-4-1987, Pages 43-50.
27 Ins. by Act No. 10 of 1987, Pub. in Raj. Gaz. EO. 4(ka), dt. 9-4-1987 w.e.f. 31-1-1987.
of Land Records or a Collector or a Tehsildar in such cases or matters or classes of cases or
matters 28[under this Act or under any other law for the time being in force] as the State
Government may direct, and every 27[Additional Commissioner or] Additional Settlement
Commissioner or Additional or Assistant Director of Land Records or Additional Collector or
Additional Tehsildar, while exercising any such power performing any such duty, shall for all
purposes be deemed to be the 27[Commissioner or] Settlement Commissioner or Director of
Land Records or Collector or Tehsildar, as the case may be, of the area for which he is
appointed.
(7) An Assistant Collector or a Naib -Tehsildar shall, within the district or the Tehsil, as
the case may be, to which he is appointed, exercise such powers and perform such duties a
sare conferred and imposed on him by or under this Act or any other law for the time being in
force or as may be delegated, to him by a general or special order of the State Government.
26. Additional powers of Courts and Officers – (1) The State Government may, by
notification in the 29[official Gazette] confer -
(a) on a Naib-Tehsildar, all or any of the powers of a Tehsildar,
(b) on a Tehsildar, all or any of the powers of an Assistant Collector,
(c) on an Assistant Collector, all or any of the powers of a Sub -Divisional Officer or a
Land Records Officer or a Settlement Officer or a Collector.
(d) On a Sub -Divisional Officer, all or any of the powers of Land Records Officer or a
Settlement Officer or a Collector,
(e) On a Land Records Officer or a Settlement Officer all or any of the powers of a Sub -
Divisional Officer or an Assistant Collector or a Collector,
(f) On a Collector, all or any of the powers of Settlement Officer,
30[(g) on a Commissioner, all or any of the powers of the Settlement Commissioner or the
Director of Land Records, and
(g) on the Settlement Commissioner, all or any of the powers of the Director of Land
Records.
(2) The power s conferred under sub -section (1) shall be exercised in such areas and in
respect of such cases and matters or classes of cases and matters as the State
Government may direct.
(3) In conferring powers under this section, the State Government may empower person s by
name or classes of officer generally by their official designations.
(4) If an officer in any tehsil, sub -division, district 31[division] or other area who has been
invested by name with any powers under thi ssection is transferred to an equivalent
officer of the same nature in another tehsil, sub -division, district, 31[division] or area, he
shall, unless the State Government otherwise directs be held to be invested with the
same powers under this section in such other tehsil, sub-division, 31[division] or area.
28 Inserted and shall be deemed always to have been inserted by Part B of the First Schedule to Rajasthan Act No. 2 of
1958, Pub. in Raj. Gaz. Part IV-A, Ex.-Ord., dt. 13-1-1958.
29 Subs. By Sec. 4 of Rajasthan Act No. 2 of 1958.
30 Ins. by Act No. 10 of 1987, pub. in Raj. Gaz. Ex-ord. Part 4(A) dt. 9-4-1987, w.e.f. 31-1-1987.
31 Inserted by Act No. 10 of 1987, w.e.f. 31-1-1987, pub. in Raj. Gaz. Ex-ord. Part 4(ka) dt. 9-4-1987, Pages 43-50.
27. Inherent powers of Courts and officers – In addition to the powers specified in Section
25 & 26 -
32[(a) a Commissioner shall, on being conferred powers under clause (g) of S. 26, have all
the powers of a Land Records Officer and the officers sub ordinate to the Land
Records Officers];
(aa) a [Revenue Appellate Authority shall have all the powers of a Collector, a Sub
Divisional Officer, an Assistant Collector, and a Tehsildar;
(b) a Collector shall have all the powers of a Sub Divisional Officer, an Assistant
Collector and a Tehsildar;
(c) a Sub Divisional Officer shall have all the powers of an Assistant Collector and a
Tehsildar;
(d) an Assistant Collector shall have all he powers of a Tehsildar and a Naib-Tehsildar;
(e) a Tehsildar shall have all the powers of a Naib-Tehsildar;
(f) a Land Records Officer or a Settlement Officer shall have all the powers of a
Tehsildar or a Naib -Tehsildar or an officer appointed under Chapter VII or Chapter
VIII.
28. Officers temporarily succeeding to a permanent vacancies – Whenever in
consequence of the officer of 33[a Commissioner, or] a Collector or a Sub -Divisional Officer or
a Tehsildar becoming permanently vacant, any officer succeeds temporarily to the chief
executive administration of the 34[division] district, sub -division or Tehsil, as the case may be,
such officer shall, pending the order of the State Government, exercise all the powers and
perform all the duties conferred and imposed on 34(a Commissioner), a Collector of a Sub -
Divisional Officer or a Tehsildar by or under any law for the time being in force in 35[the State].
29. Temporary-absence of officers – Where an officer is temporarily absent from his duties-
(i) any other officer of equal grade functioning at his headquarters or, if there be no
officer of an equal grade there any other officer of a superior grade so functioning or,
if there be no such superior officer, any other officer of an inferior grade so
functioning shall, without relinquishing the ordinary duty, assume charge of the office
of the absentee of ficer and shall continue in charge thereof until the office is
assumed by another officer duly appointed thereto and, while in such charge
perform the routine duties of the absentee officer, and
(h) if any officer of an equal, superior or inferior grade is no functioning at such
headquarters or is himself also absent, the chief ministerial official of the office shall
possess the power of adjourning from time to time any matter, case or proceeding.
32 Clause (a) renumbered as (aa) and new clause (a) inserted by the Raj. Land Revenue (Amend.) Act, 1987, Pub. in Raj.
Gaz. Exty. Part 4(A) dated 9-4-1987, w.e.f. 31-1-1987.
33 Inserted by Act No. 10 of 1987 w.e.f. dt. 31-1-1987 Published in Raj. Gaz., EO, 4(ka) dated 9-4-1987 Pages 43-50.
34 Inserted by Act No. 10 of 1987 w.e.f. dt. 31-1-1987 Published in Raj. Gaz., EO, 4(ka) dt. 9-4-1981, Pages 43-50.
35 Substituted by Section 4 of Rajasthan Act No. 2 of 1958, Pu blished in Rajasthan Gazette, Part IV-A, Extraordinary, dt. 31-
1-1958.
30. Formation and alteration of Patwaris Circles – The Director of Land Records, with the
previous sanction of the State Government, may from time to time arrange the village of each
district in Patwaris‟ circles and may alter the number and limits of such cities.
31. Appointment of Patwaris – Subject to rules made under this Act, the Collector shall
appoint a Patwari to each circle for the maintenance and correction of the annual registers and
records under Chapter VII 36[for the collection of a all rents, revenue and other demands due
from the land holders and tenan ts of the circle for which he is appointed], and for such other
duties, as the State Government may prescribe.
32. Formation and alteration of Land Records Inspection circles – With the previous
sanction of the State Government, the Director of Land Recor ds may arrange the patwaris,
circles of each district into land records inspection circles.
33. Appointment of Gird awar Qanungos or Land Records Inspectors – Subject to rules
made under this Act, the Collector shall appoint to each land records inspection circle, a
Girdawar Qanungo or Land Record Inspector for the proper Supervision, maintenance and
correction of the annual registers and records under Chapter VII.
34. Sadar Qanungos – Subject to rules made under this Act, the Director of Land Records
shall appoint one or more Sadar Qanungos in each district to supervise the work of the
Girdawar Qanungos or Land Records Inspectors and Patwaris and to perform such other
duties as the State Government may prescribe.
35. Qualifications etc. of Patwaris and Qa nungos – The qualifications of service and
duties of Patwaris, Girdwar Qanungos of Land Records Inspectors and Sadar Qanungos shall
be regulated by rules made by the State Government in that behalf.
36. Obligation to furnish information necessary for the preparation of records – Any
person whose rights, interests or liabilities are required by any enactment for the time being in
force or by any rule made under any such enactment to be entered in any official register by a
Patwari or by a Girdwar Qanungo or Land Records Inspector or by a Sadar Qanungo shallbe
bound to furnish, on his requisition all information necessary for the correct compilation
thereof.
“3740-A Termination of the services of Lambardars – Notwithstanding anything contained in
the Rajasthan General Clauses Act, 1955 (Rajasthan Act 8 of 1955), or in any other law for the
time being in force, all Lambardars appointed or deemed to have been appointed under this
Act, shall, as from the date of commencement of the Rajasthan Land Revenue (Amendme nt)
36 Inserted vide Section 3 of the Rajasthan Act No. 18 of 1963, published in Rajasthan Gaz. Part IV -A Extraordinary, dt. 12-
10-1963.
37 Inserted vide Section 6 of the Rajasthan Act No. 18 of 1963, Publishe din Raj. Gaz. Part IV-A, Extraordinary, dated 12-10-
1963.
Act, 1963, ceases to be Lambardars of the village or group of villages for which they were
appointed and shall cease to exercise the powers conferred and to discharge the functions and
duties imposed on them, by this Act, and the duty of collecting he revenue or rent or any other
State demand shall, until the State Government directs otherwise, be performed by the Patwari
of the circle.]”
“41. Village Servants – In every village or a group of villages, there shall be appointed and
maintained so many an d such of the following village servants as the Collector, subject to the
orders of the State Government, may direct namely :
(i) a village watchman or chowkidar,
(ii) a village Balai, and
(iii) such other village servants as the State Government may from time to time notify in the
38(Official Gazette).
“42. Vacancies – Every vacancy caused by the death, resignation, removal or otherwise, of a
village servant shall be reported within fifteen days after the occurrence thereof, by the patwari,
of the village to t he Tehsildar within whose jurisdiction such village or group of villages is
situate. The Tehsildar shall thereupon take such action, as may be prescribed by rule.
“43. Register of village servants – (1) For every village or group of villages within his Te hsil,
the Tehsildar shall prepare, within the time prescribed by the Collector, a register of all village
servants, containing the prescribed particulars, on the basis of the best evidence available.
(2) Each register prepared under su b-section (1) shall b e kept and maintained up -to-date as
a permanent record and all alterations made from time to time in the number, personnel and
other particulars of village servants, shall be properly noted therein and duly authenticated.
“44. Remuneration of village servants – The village servants appointed and maintained
under Section 41 shall be entitled to get such remuneration, at such scale and in such manner,
as may be prescribed by rules made under this Act.
“45. Non -liability of remuneration attachment – The remu neration of a village servant,
whether consisting of land or interest in land or otherwise, shall not be liable to be alienate or
encumbered except to the extent provided by the Rajasthan Tenancy Act, 1955 (Rajasthan Act
3 of 1955) and it shall not be lawf ul for any court to attach or sell the same or any portion
thereof.
“46. Duties of village servants – (1) Every village servants, other than a village watchman
appointed under this Act, shall perform such duties as may be imposed on himby rules made
under this Act.
(2) Every village watchman appointed under this Act shall exercise such power and perform
such duties as may be required of him by the Superintendent of Police.
38 Subs. vide Sec. 4 of Raj. Act No. 2 of 1958, Pub. in Raj. Gaz. Part IV-A, Ex-ord., dated 13-1-1958.
“47. Appointment how to be made – Whenever the Collection directs that a village ser vant
shall be appointed for village or a group of villages or whenever a vacancy occurs in the officer
of a village servant, the Tehsildar shall, within six weeks of such direction or vacancy make an
appointment of the office.
“48. Disqualifications for a ppointment – No person shall be eligible for appointment as a
village servant, who
(a) has not attained the age of majority, or
(b) is not physically or mentally capable of discharging the duties of his office, or
(c) does not reside in the area for which he is appointed, or
(d) has been convicted by a criminal court of an offence involving moral turpitude.
“49. Punishment, suspension and removal of village servant and Lambardars – (1) A
village servant39(XXX) found guilty of not discharging his duties properly, shall be liable under
the orders of the Tehsildar to a fine not exceeding twenty rupees.
(2) Subject to any rules made under this Act, a village servant or a Lambardar found:
(i) to be unwilling to work as such or not physically fit to perform his duties; or
(ii) to be guilty or gross misconduct or of continued and glaring neglect of his duties; or
(iii) to be otherwise unfit to remain in that office, may be suspended) dismissed or removed
from his office, after being given an opportunity to explain his conduct.
“50. Power to place village watchman under police authorities – The State Government
may declare that the powers of appointing and punishing a village servant under Section 47 to
49 shall be exercised in any specified local area by the Superintendent or Inspector of Police in
respect of all or any of the village watchmen in that local area, subject to an appeal to the
District Magistrate of that area within one month.
“51. Place for holding court or making inquiries – (1) Every officer appoin ted under
Chapter III may 40[subject to the provisions contained in Section 20 -A] hold court and make an
inquiry at any place within the local limits of his jurisdiction.
(2) Except for reasons to be recorded in writing, no such officer shall hear or inquir e into any
case at any place outside such limits.
“52. Power to enter upon and survey land – All revenue and village officers and their
servants and workman when authorised, either verbally or in writing may enter upon and
survey land and demarcate bounda ries and do other acts connected with their duties under
this Act or any enactment for the time being in force :
Provided that no person shall enter any building or upon any enclosed courtyard or
garden attached to a dwelling house unless with the consent of the occupier thereof without
39 Omitted and Section 7 of the Rajasthan Act No. 18 of 1963, Published in Raj. Gaz., Part IV-A Extraordinary 12-10-1963.
40 Inserted by item No. 16 of the Schedule of Raj. Act No. 8 of 1962,
giving such occupier at least twenty -four hours‟ notice and in making such entry due regard
shall be paid to the social and religious sentiments of the occupier.
53. Power of Government, Board etc. to transfer cases – The State Government or the
Director of Land Records 41[or a Commissioner] may transfer any non -judicial case or any
class of non -judicial cases not concerned with settlement, and the Board or the Settlement
Commissioner or the Director of Land Records [XX] may transfer any judicial or settlement
case or any class of such case from any subordinate revenue court or revenue officer to any
other court or officer competent to deal therewith.
54. Power of transfer cases to and from subordinates – 42[A Commissioner], a Collector, a
43[Sub} Divisional Officer, a Tehsildar, a Land Records officer or a Settlement Officer may
make over any case or class of cases, arising un der the provisions of this Act or otherwise for
inquiry or decision from his own file to any revenue o fficer subordinate to him who may be
competent to deal with such case of class of cases, may withdraw any case or class of cases
from any such revenue officer and may deal with such case or class of cases himself, or refer
the same for disposal to any other such revenue officer competent to deal therewtith:
Provided that even when, after inquiry in a case, a report is submitted by a revenue officer
to a superior revenue authority for final order, the latter may, before passing the final order,
give the parties an opportunity to be heard.
55. Consolidation of cases – Where more cases than one involving substantially the same
question for determination and based on the same cause of action are pending in one or more
revenue court, they shall, on application being made by any party to the court to which the ourt
or courts concerned are all subordinate, be consolidate in one court and decided by a single
judgment. Such cases may be filed in the superior court.
56. Appearances, applications etc. by whom made – All appearances before, applications
to, and acts to be done before, any revenue court or officer under this Act or under any other
law for the time being in force, may be made or done –
(i) by the parties in person, or
(ii) by their recognised agents, or
(iii) by legal practitioners duly authorised by the parties and competent to practise before
such court or officer :
Provided that the revenue court or officer may require the attendance of any party to a
proceeding notwithstanding the employment by him of an agent or a legal practitioner.
56.A Presentation of applications, appeals, etc. – (1) All applications, appeals and
proceeding shall, in the absence of a provisions to the contrary effect, be presented to the
41 Inserted by Act No. 10 of 1987 w.e.f. 31-1-1987 Pub. in Raj. Gaz., EO, 4(ka) dt. 9-4-1987 Pages 43-50.
42 Inserted vide Rajasthan Act No. 28 of 1987.
43 Word „Sub” is missing in the original Act published by Govt. Press.
Court, officer or authority to which or to whom such applications, appeals or proceedings lie
under any provision of the Act or the rules thereunder or of any other law for the time being in
force or of the rules made under such law :
Provided that, if under any such provisions, any application, appeal or proceeding lies to a
Revenue Appellate Authority, such application, appeal or of proceeding may be presented to,
and received by, the Collector of the District in which the cause of action for such application,
appeal or proceeding arises wholly or in part.
(2) Upon receipt of an application, appeal or proceeding under the proviso to sub -section (1),
the collector shall examine the same to see if it bears the proper court fee, has been presented
to him within the time limit, if any, prescribed for such presentation, is accompanied with all the
57. Power of Revenue Courts on officers to require attendance of persons and
production of document and to receive evidence – (1) Subject to the provisions of Sections
132 and 133 of the Code of Civil Proc edure, 1908 (Central Act V of 1908) and rules made
under this Act; every revenue court or officer shall have power to summon any per son whose
attendance is considered necessary either to be examined as a party or to give evidence as a
witness or to produce any document for the purposes of any inquiry or case arising under This
Act or any other enactment for the time being in force.
(2) A summons to produce documents may be for the production of certain specified
documents or for the production of all docume nts of a certain description in the possession or
power of the person summoned.
(3) All persons so summoned shall be bound to attend, either in person or by an authorised
agent, as such court or officer may direct, and to state the truth upon any subject r especting
with they are examined or make statements, and to produce such documents and other things
as may be required.
(4) If any persons, on whom a summons has been served, fails to comply with the summons,
the court or officer by whom the summons has be en issued may issue a bailable warrant for
the arrest of such person.
(5) Any person present may be required by any revenue court or officer to give evidence or to
produce any document then and there in his possession or power.
58. Summons to be in writin g signed and sealed – Every summons shall be in writing in
duplicate and shall be signed and sealed by the officer issuing i or by such person as he
empowers in this behalf, and it shall specify the time and place at with the person summoned
is required to attend and also whether he is required to give evidence or to produce a
document.
59. Serving of summons – Every summons shall be served –
(i) by tendering or delivering a copy of it-
(a) to the person summoned, or
(b) to his recognised agent or legal practitioner, or
(c) to any adult male member of his family usually residing with him, or
(ii) if any of the aforesaid persons cannot be found or refuses to accept the service of
summons, by affixing a copy thereof to some conspicuous part of his usual or last known
place of residence; or
(iii) if such person resides in another district, by sending the summons by post to the
Collector of such district for service in accordance with clause (i) or clause (ii); or
(iv) if the revenue court or officer so direc ts, for reasons to be recorded in writing, by sending
the summons to the person named therein either in addition to or in substitution of, any
other mode of service, by post under a registered cover.
60. Mode of Serving Notice – Every notice under this Ac t may be served either by tendering
or delivering a copy thereof, or sending such copy by post in a cover registered under the
Indian Post Office Act, 1898 (Central Act VI of 1898) to the person on whom it is to be served
or his authorised agent or, if ser vice in the manner aforesaid cannot be made, by affixing a
copy thereof, at his last known place of residence or at some place of public resort in the
village in which the land to which the notice relates is situated.
61. Mode of issuing proclamations – Whenever a proclamation is issued under this Act,
copies thereof shall be posted in the court-house of the officer issuing it, at the headquarters of
the tehsil within which the land to which it refers is situated, and at some place of public resort
on or a djacent to the land to which it refers, and, if the officer issuing it so directs, the
proclamation shall be further published by beat of drum on or near the land to which it refers.
62. Notice or proclamation not void for error – No notice proclamation s hall be deemed
void on account of any error in the name, description or designation of any person or in the
description of any land referred to therein unless such error has caused substantial injustice.
63. Hearing in absence of party – (1) if any party to a case of proceeding before a revenue
court or officer does not appear on the date fixed for hearing, or on any subsequent date or
dates to which the hearing may have been postponed, the case or proceeding maExcerpt shown. Open the full act in Lexace.