The rajasthan jagir decisions and proceedings (validation) act, 1955

THE RAJASTHAN JAGIR DECISIONS AND  
PROCEEDINGS (VALIDATION) ACT, 1955 
                                    (Act No. 18 of 1955) 
[Published in the Rajasthan Gazette (Rqj-Patra), Extraordinary, Part 
 [VA. dated November 5, 1955] 
                        
                            CONTENTS 
1. Short title and commencement. 
2. Definition. 
3. Validation of certain decisions. 
4. Continuance of pending cases and proceedings. 
5. Courts in which new cases and proceedings may be instituted. 
6. Trial and disposal of new cases and proceedings. 
7. Objection may be lodged to recommendation 
8. Appeals. 
9. Limitation of Appeals. 
10. Powers of the Board of revenue. 
11. Power of the Board of revenue to call for records. 
12. Finally of Board’s order. 
13. Bar to jurisdiction of Civil Courts.          
14. Power to make rules. 
15. Provision for pending new cases or proceedings. 
15A. Revisional powers of Government. 
16. Savings. 
 
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1. Inserted by Rajasthan Act No. 12 of 1958. 
 
THE RAJASTHAN JAGIR DECISIONS AND PROCEEDINGS (VALIDATION) 
ACT, 1955. 
(Act No. 18 of 1955) 
     [Received the assent of the President on the 5th day of November 1955.] 
As amended subsequently by the following Rajasthan Acts:  
1.No. 39 of 1956 
2.No. 44 of 1957 
3.No. 12 of 1958 
4.No. 6 of 1960 
5.No. 8 of 1962 
An Act to validate certain decisions given, and proceeding taken, in respect of 
matters rela ting to the resumption of Jagir in the Covenanting States of 
Rajasthan, and the recognition, according to law, of succession -to the rights 
and title  of Ja girdars therein, and to provide the forum for the disposal of 
such cases and proceedings. 
 
Whereas the laws of the different Covenanting States of Rajasthan provide for — 
(i) the resumption of Jagirs in those States, 
(ii) the recognition of succession to the rights and titles of Jagirdars therein, 
(iii) the powers of the various grades of Revenue Courts and officers for the disposal 
of cases arising out of or  under such laws, and 
(iv) the reservation of certain powers to be exercised by the Rulers of those States in 
such cases: 
 
AND, WHEREAS, Section 3 of t he Rajasthan Administration Or dinance, 1949, 
(Rajasthan Ordinance I of 1949), provides that such laws shall, until altered or 
repealed or amended by a competent authority, continue in force in those States, 
subject to the modification that references therein to the Rulers of those States shall 
be construed as references to the Rajpramukh: 
 
AND, WHEREAS, Article 372 of the Constitution of India and section 46 of the 
Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 (Rajasthan Act 1 
of 1951), also provide for the similar continuance of such laws: 
 
AND, WHEREAS, such laws, not having so far been expressly repealed as 
aforesaid, are being given effect to and administered according to their tenor in the 
covenanting States to which they relate, subject to the provisions of the Rajasthan 
Revenue Courts (Designa tion) Ordinance, 1949 (Rajasthan Ordinance XXXVI of 
1949): 
 
1. Inserted by Rajasthan Act No. 12 of 1958. 
 
AND, WHEREAS, such laws have lately been held to have been impliedly repealed 
by paragraph (3) of Article VII of  the Covenant in so far as they provide for the 
powers of the various grades of Revenue Courts and Officers for the disposal of 
cases arising out of or under them. 
 
AND, WHEREAS* it has been further held that the jurisdiction vested in the 
Rajpramukh by paragraph (3) of Article VII of the Covenant in respect of such cases 
has ceased to be operative with the commencement of the Constitution: 
 
AND, WHEREAS, such pronouncements have rendered all decisions given in such 
cases over a period of nearly six years liable to be questioned in Civil Courts of 
competent jurisdiction and have excluded from the jurisdiction of the various grades 
of Revenue Courts and Officers, or the Rajpramukh all such cases  as are still 
pending or may hereafter be started or instituted: 
AND, WHEREAS, it is expedient to declare such decisions to be valid and not liable 
to be questioned in Civil Courts, and to provide the form for the disposal of such 
cases in accordance with such laws to the exclusion of the jurisdiction of Civil Courts 
over them. 
 
BE It enacted by the Rajasthan Legislative Assembly in the Sixth Year of the 
Republic of India as followings:— 
 1. Short title & commencement. - (1) This Act may be called the 
Rajasthan Jagir Decisions and proceedings (Validation) Act, 1955. 
   (2) It shall come into force at once. 
 2. Definitions. - In this Act unless the subject or context otherwise 
requires.- 
 1[(a) the words "jagirs" and "jagirdars" shall have the meanings assigned, 
respectively, to the expressions "jagirs Land" and "jagirdar" by clauses (h) and 
(g) of section 2 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 
1952 (Rajasthan Act VI of 1952), and] 
    (b)  the words "law" shall mean an existing Jagir law as defined in clause 
(d) of section 2 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 
1952 (Rajasthan Act VI of 1952) and shall included any law relating to Jagirs .of 
Jagirdars enacted after the commencement of that Act.  
3. Validation of certain decisions.- Notwithstanding anything Contained in the 
Covenant or in any judgment, decree or order of any Court, all final decisions given 
by the various grades of Revenue Courts or Officers, or by the Rajpramukh, in cases 
or proceedings arising out of, or under, the laws of the covenanting States providing 
for the resumption of jagirs in those states and the recognition of succession to the 
1. Inserted by Rajasthan Act No. 12 of 1958. 
 
rights and titles of jagirdars therein shall be valid and shall be deemed always to 
have been valid and shall not be liable to be called in question in any Civil Court.  
4. Continuance of pending cases and proceedings . - Notwithstanding as 
aforesaid, if immediately before the commencement of this Act, any cases or  
      Proceedings of the nature referred to in section 3 are pending before any 
Revenue Court or Officer, or before the Rajpramukh— 
(a) all action taken therein before such commencement by any such Court or 
officer, or by the Rajpramukh, acting, or purporting to act, under the relevant 
law of a covenanting State, shall be valid and shall be deemed always to 
have been valid and shall not be liable to be called in question in any Civil 
Court: 
(b) any such cases or proceedings may be continued and completed in 
accordance with the provisions of the relevant laws of the covenanting States 
by a Revenue Court or Officer Competent under such laws to deal therewith, 
subject to the provisions of the Rajasthan Revenue Courts (Designation) 
Ordinance, 1949 (Rajasthan Ordinance XXXVI  of 1949);  
(c) the orders of the Board of Revenue for Rajasthan passed in such cases or 
proceedings shall be final, notwithstanding that such laws require any class 
of such cases or proceedings to be submitted, for the confirmation of such 
orders, to, or permit, with reference to such orders, the preferring of any  
appeal, revision, or other proceeding before the Rajpramukh, or the State 
Government, or any Minister of the State Government, or any other superior 
authority; and 
(d) any such cases or proceedings pending before the Rajpramukh, or the 
State Government or any Minister of the State Government, or any other 
authority superior to the said Board, shall be transferred to it for final disposal. 
Explanation - Where in accordance with the law of a covenanting State, a report is 
required to be submitted, and has been submitted, or ordered to be submitted, to a 
superior authority or Court for the approval or confirmation of orders passed in  a 
case or proceedings for the final disposal thereof, such case or proceeding shall, for 
the purpose of this section, be treated as pending before such superior Court or 
authority. 
(2) No action taken or decision given under sub -section (1) shall be liable to be 
called in question in any Civil Court. 
 
1[5. Court in which n ew cases and proceedings may be in stituted. - (1) 
notwithstanding as aforesaid, any case or proceeding of  the nature referred to in 
1. Inserted by Rajasthan Act No. 12 of 1958. 
 
section 3 may hereafter be instituted in the Court of the Collector exercising 
jurisdiction in the area within which the subject matter of the case or proceeding is 
situated: 
          Provided that, if in any such case or proceeding, the gross yearly income 
from the subject matter thereof does not exceed two thousand rupees the claimant 
for succession is the natural born son of the deceased holder or the natural born son 
of his pre- deceased natural born-son, such case or proceeding shall be so instituted 
in the Court of the Sub -Divisional Officer exercising jurisdiction in the area within 
which the subject matter of the case or proceeding is situated. 
           (2) Where the subject matter of any such case or proceeding is situated 
within the legal limits of the jurisdiction of more than one Collector or Sub-Divisional 
Officer, the '[Board! shall, on his own motion or otherwise, direct which of those 
Collectors or Sub-Divisional Officers, as the case may be, shall proceed with the trial 
of the case or proceedings. 
 
6. Trial and disposal of new cases and proceedings. - (1) The Collector or 
Sub-Divisional Officer, as the case may be, in whose Court a case or proceeding 
referred to in section 5 is instituted or directed to be proceeded with, shall, in 
conducting the trial thereof, follow, as far as may be practicable, the same procedure 
as is provided for the trial of suits by him and shall, after hearing all persons 
interested in the subject matter thereof who desire to be heard, record his findings 
on all the matters in issue and make the final order: 
             Provided that in a case or proceeding in which the gross yearly income 
from the subject matter exceeds five thousand Rupees or the claimant for 
succession is not the natural born son of the deceased 
holder or the natural born son of his predec eased natural born son, the final order 
shall not be made and the Collector shall set forth his recommendations in writing 
and submit the case or proceeding to the 
[revenue appellate authority] for orders. 
            (2) In every case or proceeding submitted for orders under the proviso to 
sub-section (1), the 3[revenue appellate authority] after affording an order confirming 
varying or setting aside the recommen dations made by the Collector or may direct 
further inquiry to be made or additional evidence to be taken in the case or 
proceeding: 
            Provided that if the gross yearly income from the subject matter thereof 
exceeds ten thousand rupees or the claimant for succession is not the natural born 
son of the deceased holder or the natural born son of his pre-deceased natural born 
son the 4[Revenue appellate authority] shall not make the final order but shall set 
forth his own recommendations in writing and submit the case or proceeding to the 
Board of Revenue for orders. 
1. Inserted by Rajasthan Act No. 12 of 1958. 
 
7. Objections maybe lodged to recommendations. - In every case or proceeding 
submitted f or orders to the 1[revenue appellate authority] under the proviso to 
sub-section (1) of section 6 or to the Board of Revenue under the proviso, 
sub-section (2) of that section, any person who desired under sub-section (1) of that 
section to be heard and who is likely to be affected adversely by the 
recommendations made, may lodge an objection thereto, and the 2[revenue 
appellate authority]. 
before making the final order or his recommendatio ns, and the Board of Revenue 
before making the final order, shall hear and dispose of all such objections. 
8.  Appeals. - (1) An appeal shall lie—  
    (a) to the 3[revenue appellate authority] from the final order made in any 
case or proceeding referred to in section 5 by Sub - divisional Officer, or a 
Collector under sub-section (1) of section 6, and 
    (b) to the Board of Revenue from such final order made by a 4[revenue 
appellate authority] under sub-section (2) of section 6. 
(2) An appeal shall also lie from any such final order passed by 5[revenue appellate 
authority] in appeal. 
9.  Limitation for appeals . - (1) where an appeal lies under section 8, it may be 
presented— 
(a) If it lies to the 6[revenue appellate authority] within thirty days, and 
(b) If it lies to the Board of Revenue, within sixty days, of the order appealed 
from, exclusive of the time requisite for obtaining a certified copy thereof. 
(2) The provisions of section 5 of the Indian Limitations Act, 1908 (cent ral Act IX of 
19O8) shall apply to appeals under section 8. 
10. Powers of the Board of Revenue. - In every case or proceeding submitted to it 
for orders under the proviso to sub -section (2) of section 6 and in every appeal 
referred to it under section 8, the Board of Revenue, after hearing all parties desiring 
to be heard and after disposing of all objections, if any, lodged  under section 7 or 
otherwise may- 
(a) confirm or set aside the final order or the recommendations made by the 
1[revenue appellate authority] originally or in appeal, or 
(b) vary the same, or 
(c) direct further inquiry to be made, or additional evidence to be taken in the 
case or proceeding,  
(d) make such other order therein as may seem to it to be just and proper. 
11. Power of the Board of Revenue to call for records . - The Board of Revenue 
may call for the record of any case or proceeding referred to in section 5 which has 
been decided by any subordinate revenue court and in which no appeal lies to the 
Board of Revenue and if such subordinate Revenue Court appears— 
1. Inserted by Rajasthan Act No. 12 of 1958. 
 
(a) to have exercised jurisdiction not vested in it by law, or 
(b) to have failed to exercise jurisdiction so vested, or 
(c) to have acted in the exercise of its jurisdiction illegally or with material 
irregularity, the Board of Revenue may pass such orders in the case or 
proceeding, as it thinks fit. 
12. Finality of Board's order- Every order passed by the Board of Revenue under 
section 10 of section 11 shall be final and binding on all concerned. 
13. Bar to Jurisdiction of civil Courts . - No case or proceeding referred to in 
section 5 shall lie in any Civil Court and no action taken or order made in any such 
case or proceeding by any Revenue Court or officer, shall be liable to be called in 
question in any Civil Court. 
14. Power to make Rules . - The State Government may make rules consistently 
with this Act, to carry out the provisions thereof. 
15. Provisions for pend ing new cases or proceedings. - If any case or 
proceeding of the nature referred to in section 3, having been instituted on or after 
the 5th day of November, 1955, might be pending on the date On which the 
Rajasthan Jagir Decisions and Proceedings (validation) Amendment  Ordinance, 
1957, came into force, such case or proceeding shall be dealt with and disposed of 
in accordance with the provisions of sections 5 to 13 and the rules, if any, made 
under section 14]. 
2[15A. Revisional powers of Government. -(1) Notwithstanding anything 
contained in this Act, or in any other law, the State Government shall have power, on 
its own motion or on an application made to it in this behalf or on the facts otherwise 
coming to its knowledge or notice, to call for the record of any case re lating to the 
resumption of a Jagir in a covenanting State or to the recognition of succession to 
the rights and titles of a jagirdar therein— 
(i) which may have been decided by any revenue court or officer, including the 
Board of revenue for the State, irrespective of whether such decision is covered 
by section 3 or section 4 or section 6 or section 8 or section 10 or section 11 or 
section 15 of this Act, and 
(ii) in which the claimant for succession is or was hot the natural born son of the 
deceased holder or the natural born son of his pre-deceased natural born son: 
       Provided that no action under this section shall be taken in respect of any 
such case which may have been so decided ten years before the date on which such 
action is intended to be started. 
(2) In any proceeding under sub-section (1), the State Government shall— 
(a) afford a reasonable opportunity of being heard to all persons interested in 
or affected by the last decision in such case. 
1. Inserted by Rajasthan Act No. 12 of 1958. 
 
(b) examine the merits of the case, and 
(c) make such final order therein either confirming, varying or setting aside 
the said decision, as it may deem fit.] 
1[16. Saving. - Nothing contained in this Act or the rules made there under shall 
apply or be deemed ever to have applied to an application by the holder of a 
State-grant for sanction to adopt a son or to nominate a chela as his successor and 
to the grant of such sanction if, according to the existing Jagir law by which holder is 
governed, such sanction is a condition precedent to the recognition of the adoption 
or nomination for the purpose of succession to the State -grant; and the State 
Government or other authority comp etent under such law to entertain such an 
application and to grant such sanction shall not withstanding anything contained in 
this Act continue to exercise the powers conferred by that law.] 
 

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