The rajasthan zamindari and biswedari abolition act, 1959

The Rajasthan Zamindari and Biswedari Abolition Act, 1959 
Act No. 8 of 1959 
 
[Published in Rajasthan Gazette, Part 4-A, Extraordinary, dated February 27, 1959]  
(Received the assent of the President on the 12th day of February, 1959.)  
An Act to provide for the abolition of, and the acquisition of the right, title and interest in estates held by 
Zamindars and Biswedars in the State of Rajasthan and for, other matters connected therewith.  
Be it enacted by the Rajasthan State Legislature in the Ninth Year of the Republic of India as follows:- 
CHAPTER I 
Preliminary 
1. Short title, extent and commencement.  - (1) This Act may be called the Rajasthan Zamindari and 
Biswedari Abolition Act, 1959.  
(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, by notification in the Official Gazette, 
appoint.  
2. Definitions.  - In this Act, unless the subject or context otherwise requires,- 
(1) "Biswedar"  has the meaning assigned to it by clause (5) of Se ction 5 of the Rajasthan Tenancy Act, 
1955 (Rajasthan Act 3 of 1955). 
(2) "estate"  means land, or right, title or interest in land, held by a Biswedar or a Zamindar; 
(3) "land"  means every class or category of land forming part of an estate and includes,- 
(a) benefits to arise out of such land, 
(b) things attached to the earth or permanently fastened to anything attached to the earth, 
(c) sites of villages or towns, 
(d) beds of tanks, ponds, embankments, rivers and water channels, and 
(e) surface of hills; 
(4) "settled"  has the meaning assigned to it by clause (n) of Se ction 2 of the Rajasthan Land Reforms and 
Resumption of Jagirs Act, 1952 (Rajasthan Act 6 of 1952); 
(5) "Zamindar"  has the meaning assigned to it by clause (46) of S ection 5 of the Rajasthan Tenancy Act, 
1955 (Rajasthan Act 3 of 1955) and includes a malik (landowner) in the Gang Canal area; 
(6) words and expressions defined in the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) and in 
the Rajasthan Land Revenue Act, 1956 (Rajasthan Act  15 of 1956) but not defined in this Act shall, 
wherever used herein, be construed to have the meanings assigned to them by those Acts; and 
(7) words and expression used to denote the person in procession of any right, title or interest shall  be 
deemed to include the predecessors and successors in right, title or interest of such person. 
3. Act to override other laws.  - Save as otherwise expressly provided in this Act, the provisions of this Act, 
and of the rules and order made thereunder shall have effect notwithstanding anything inconsistent therewith 
contained in any other law and rules for the time being in force or any instrument having effect by virtue of any 
law or usage, agreement, settlement, grant, sanad or any decree or order of any court or other authority.  
CHAPTER II 
Abolition of Zamindari and Biswedari Estates 
4. Abolition of Zamindari & Biswedari estates and their vesting in the State.  - (1) As soon as may be after 
the commencement of this Act, the State Government may, by notification in the Official Gazette, appoint a 
date for the abolition and acquisition of Zamindari and Biswedari estates, or any class of such estates, in the 
State, or in any area thereof specified in the notification, and for their vesting in the State Government.  
(2) Different dates may be fixed for such abolition and vesting of different classes of Zamindari and Biswedari 
estates in the State.  
(3) The classification referred to in sub-Sections (1) & (2) may be made according to the size or income of such 
estates or according to the land revenue payable in respect thereof or according to the different areas of the 
State in which they are situated or according as they are settled or unsettled or according to the tenures thereof 
or the names by which the holders thereof are known or designated or otherwise.  
(4) The State Government may, be notification in the Official Gazette, vary any date appointed under sub-
Section (1) at arty time before such date.  
(5) The date finally appointed under this section in relation to the abolition and acquisition of and Zamindari or 
Biswedari estate in hereinafter referred to as "the date of vesting" thereof in the State Government.  
5. Consequences of abolition.  - (1) After the issue of a notification under sub-Section (1) of Section 3, no 
right shall be acquired in or over any land in an estate affected thereby except by succession or under a grant 
or contract in writing made or entered into by or on behalf of the State Government and no fresh clearings for 
cultivation of for any other purpose shall be made in such land by or on behalf of the holder of such estate 
otherwise than in accordance with rules made by the State Government in this behalf.  
(2) As from the date of vesting of any Zamindari or Biswedari estate in the State Government, notwithstanding 
anything contained in any contract, grant or other document or in any law for the time being in force but save as 
otherwise provided in this Act- 
(a) such estate shall stand transferred to, and vest in, the State Government free from all encumbrances; 
(b) the right, title and interest of the Zamindar o r Biswedar and of every person claiming through him , in 
such estate, including land (cultivable, waste or b arren) grove-land, grass land or birs, scrub jungle , 
forests, trees, fisheries, hills, wells, tanks, ponds, water courses and channels, ferries, pathways, village 
sites, abadi sites, hats, bazars, meals and mela gr ounds, and in all sub-soil therein, including right s, if 
any, in quarries and mines whether being worked or not and in all mineral and mineral products, shall 
cease and be vested in the State Government, free f rom all encumbrances,for the purposes of the 
State, and every mortgage, debt or charge on any su ch right, title or interest shall be a charge on th e 
amount of compensation payable to the Zamindar or Biswedar under this Act; 
(c) all grants and confirmations of title of or to land in such estate or of or to any right or privil ege in respect 
of such estate or land revenue in respect thereof shall, whether liable to resumption or not, determine; 
(d) every right, title or interest created in or ov er such estate by the Zamindar or Biswedar or his 
predecessor-in-interest shall, as against the State Government, cease and determine; 
(e) all rents and cesses in respect of any holdings  in such estate for any period after the date of ve sting, 
which, but for such vesting, would have been payabl e to the Zamindar or Biswedar, shall vest in and be  
payable to the State Government,and any payment mad e in contravention of this clause shall not be a 
valid discharge of the person liable to pay the same; 
(f) where under an agreement on contract made befor e the date of vesting any rent, cess or sayar for a ny 
period after such date has been paid to, or compoun ded or released by, the Zamindar or Biswedar, the 
same shall, notwithstanding the agreement or contra ct, be recoverable by the State Government from 
such Zamindar or Biswedar; 
(g) all arrears of revenue, cesses and other dues i n respect of any such estate due from the Zamindar or 
Biswedar for any period prior to the date of vesting shall continue to be recoverable from him; 
(h) all loans advanced by the State Government or t he Court of Wards to the Zamindar or Biswedar 
together with interest thereon, if any, and all arr ears due from him on account of tax on agricultural  
income assessed under the Rajasthan Agricultural In come Tax Act, 1953 (Rajasthan Act 23 of 1953) or 
on account of any other tax, cess, rate, fee, duty,  penalty or charge payable by such Zamindar or 
Biswedar under any law for the time being in force for any period prior to the date of vesting, shall 
continue to be recoverable from him; 
(i) the right, title and interest of the Zamindar o r Biswedar in such estate shall be liable to attach ment or 
sale in execution of any decree or other process of  any court, civil or revenue, and any attachment 
existing at the date of vesting or any order for at tachment passed before such date shall, subject to the 
provisions of Section 73 of the Transfer of Propert y Act, 1882 (Central Act IV of 1882), cease to be i n 
force; 
(j) every mortgage with possession existing on such  estate or part thereof on the date immediately 
preceding the date of vesting shall, to the extent of the amount secured on such estate or part, be 
deemed, without prejudice to the rights of the Stat e Government under this section, to have been 
substituted by a simple mortgage; 
(k) no claim or liability enforceable or incurred b efore the date of vesting against or by the Zaminda r or 
Biswedar for any money which is charged on or is se cured by a mortgage of such estate or part thereof 
shall, except as provided in Section 73 of the Tran sfer of Property Act, 1882 (Central Act IV of 1982) , 
be enforeable against his right, title or interest in such estate or part; 
[(l) subject to any rules made in this behalf, all suits and proceedings affecting such estate, in whi ch, 
because of the same having vesting in the State Gov ernment, the latter will be a necessary party, 
pending in any court, civil or revenue, at the date  of vesting and all proceeding consequent upon any 
decree or orders passed in any such suit or proceed ing before such date, shall not be proceeded with 
till, on an application made in that behalf, the State Government is made a party thereto]; 
(m) the Zamindar or Biswedar shall cease to be liab le to pay and shall not be required to pay to the S tate 
Government land revenue payable by him in respect o f such estate or part thereof for any period after 
the date of vesting. 
(3) Without prejudice to any other mode of recovery, the amounts recoverable from a Zamindar or Biswedar 
under clauses (f), (g) and (h) of sub-Section (2) may be realised by deducting the same from the amount of 
compensation payable to him under this Act.  
(4) Notwithstanding anything contained in sub-section (2) the Zamindar or Biswedar shall, subject to the 
provisions of Section 29, continue to retain the possession of his Khudkasht, recorded as such in the annual 
registers before the date of vesting.  
(5) Nothing contained in this section shall- 
(a) render the State Government liable for the paym ent of debts incurred by the Zamindar or Biswedar f or 
which he shall be personally liable, or 
(b) preclude the State Government from remitting wh olly or in part any loans advanced by the State 
Government to the Zamindar or Biswedar and utilised  by the latter for the economic or agricultural 
development of his estate than his Khudkasht land, or 
(c) affect the right of any person to continue to e njoy any easement or other similar right for the mo re 
beneficial enjoyment of such person's land which he  was enjoying on the date immediately preceding 
the date of vesting, or 
(d) operate as a bar to the recovery by the Zaminda r or Biswedar by any process of law which, but for this 
Act, would, be available to him of any sum which is  legally due to him by virtue of his right, title o r 
interest in his estate in respect of any period prior to the date of vesting: 
Provided that no decree for an arrear of rent of order for ejectment in default of payment of an arrear of rent 
shall be executed by ejectment of the judgment-debtor from his holding.  
6. Private properties of a Zamindar or Biswedar.  - (1) Notwithstanding anything contained in Section 5:- 
(a) all house-sites purchased by the Zamindar or Bi swedar or by his predecessor-in-interest or by any 
other person for valuable consideration, 
(b) all places of worships or wells situated in suc h house-sites as are mentioned in clause (a) and in  
Khudkasht land belonging to and held by the Zaminda r or Biswedar or any other person at the date of 
vesting, 
(c) all private houses and all nohras or enclosures  attached thereto, provided that such nohras or 
enclosures are in continuous possession of the Zami ndar or Biswedar since, the first day of January, 
1953, 
(d) all land covered by such places of worship, wells, houses and nohras or enclosures, and 
(e) all trees belonging to the Zamindar or Biswedar  or any other person and standing on house sites 
mentioned in clause (a) and on Khudkasht land, 
shall continue to belong to and be held by such Zamindar or Biswedar or other person:  
Provided that nothing contained in this sub-section shall affect such rights of the public in respect of the places 
of worship and well as they were enjoying on the date immediately preceding the date of vesting.  
(2) Notwithstanding as aforesaid- 
(i) all groves wherever situated and recorded in th e annual registers before the date of vesting as 
belonging to and being held by the Zamindar or Bisw edar or other person and the land under such 
groves shall be deemed to be settled with him by th e State Government on such terms and conditions 
as it may determine, and 
(ii) all tanks, ponds and embankments belonging to and held by the Zamindar or Biswedar or any other 
person- 
(a) which are situate on Khudkasht land or on any other land not being a village site, and 
(d) in which no other person has any right of irrigation, 
shall continue to belong to and be held by the Zamindar, Biswedar or other person to whom they actually 
belong:  
Provided that if the bed of any such tank, pond or embankment is under the personal cultivation of the 
Zamindar, Biswedar or other person, the land under such tank, pond or embankment shall be deemed to be 
settled with him by the State Government on such terms and conditions as it may determine.  
7. Provisions as to certain transfers and agreements.  - (1) Notwithstanding anything contained in any law, 
no transfer of an estate or part thereof made by the Zamindar or Biswedar on or after the first day of January, 
1953, by way of sale or gift or by making a grant or by way of lease for a non- agricultural purpose shall be 
recognized for any purpose of this Act and the estate or part so transferred shall be deemed to continue to vest 
in the transferor, if such transfer is established to have been made not in good faith and in the normal course of 
management but in anticipation of the abolition and acquisition of Zamindari and Biswedari estates:  
Provided that nothing in this sub-section shall apply to any sale made under order of a court in execution of a 
decree or order for payment of money. 
(2) Any agreement or contract made by a Zamindar or Biswedar with any person on or after the first day of 
January, 1953- 
(a) relating to or granting a lease of any forest in his estate for a period exceeding three years, or 
(b) relieving, whether in whole or in part, a tenan t from liability for payment of rent for any land c omprised 
in his holding, 
shall be and is hereby declared null and void.  
8. Taking over of estate.  - On the date of vesting, any officer appointed in this behalf by the Collector shall, 
subject to the provisions contained in sub-Section (4) of Section 5 and Sections 6 & 7, take charge in the 
prescribed manner of the estate and of all interest therein vesting in the State Government under sub-Section 
(2) of Section 5.  
9. Determination of disputes.  - (1) If any dispute or question arises with respect to any matter specified in 
Section 5 or Section 6 Section 7, such dispute or question shall be referred to the Collector of the district in 
which the estate vesting in the State Government by virtue of a notification under Section 4 is situate.  
(2) The Collector shall, after holding, in the prescribed manner, such inquiry as he considers necessary, make 
such order in the matter as he deems fit.  
10. Application for allotment of Khudkhasht.  - (1) Notwithstanding anything contained in the foregoing 
provisions of this Chapter, a Zamindar or Biswedar who, on the date of vesting of his estate in the State 
Government, does not hold any Khudkasht or who, on such date, holds Khudkasht less in area then the area 
specified in Section 12, may, within six months of the date of such vesting, apply to the Collector for allotment 
of Khudkasht.  
(2) Every such application shall be in the prescribed form and shall be signed and verified in the manner 
specified in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) for the signing and verification of plaints.  
11. Allotment of Khudkasht.  - (1) Upon receipt of an application under Section 10, the Collector may, after 
holding in the prescribed manner, such inquiry as he deems necessary- 
(a) reject the application if the applicant and any  member or members of his family together hold 
Khudkasht to the maximum extent provided by Section 12, or 
(b) subject to the provisions contained in Sections 12 and 13, allot to the applicant as Khudkasht suc h area 
of land, not exceeding the area applied for, as he may deem proper. 
(2) The Zamindar or Biswedar to whom any Khudkasht is allotted under sub-Section (1) shall be the Khatedar 
tenant of the land so allotted and shall pay the State Government rent therefor at such rate as may be fixed by 
the Collector in accordance with the principles as may be prescribed.  
12. Maximum area of Khudkasht.  - (1) Subject, to the provisions of sub-Section (2) the maximum area of land 
allotted as Khudkasht to a Zamindar or Biswedar under Section 11, together with any land held by him or by 
any member of his family as Khudkasht since before the date of vesting shall not exacted the prescribed limit.  
(2) Notwithstanding anything contained in sub-Section (1), where a Zamindar or Biswedar holds Khudkasht at 
the date of vesting of his estate in excess of the area specified in sub-Section (1), he shall continue to hold 
such land as Khudkasht subject to the provisions of Section 29.  
13. Categories of land that may be allotted as Khudkasht.  - (1) The following categories of land may, in the 
order hereinafter mentioned, be allotted to a Zamindar or Biswedar, in preference to other applicants for the 
same, as Khudkasht under Section 11, namely:- 
(i) land surrender by tenants; 
(ii) land abandoned by tenants; 
(iii) culturable unoccupied land within the estate; 
(iv) land of the nature specified in clauses (i), ( ii) and (iii) in the vicinity of the village or vil lages in which the 
estate of the Zamindar or Biswedar is situated; and 
(v) lands commanded by the Chambal and Rajasthan ca nal projects on such terms and conditions as may 
be prescribed. 
(2) Where no land of any categories specified in sub-Section (1) is available the application for allotment of 
Khudkasht shall be rejected.  
CHAPTER III 
Assessment and Payment of Compensation 
14. Liability to pay compensation.  - (1) Subject to the other provisions of this Act, the State Government shall 
pay to every Zamindar or Biswedar who is divested of his estate under this Act, out of the Consolidated Fund of 
the State, compensation which shall be determined in accordance with the principles laid down in the Schedule 
annexed hereto.  
(2) Such compensation shall be payable as from the date of vesting and shall carry simple interest at the rate of 
two and a half per cent per annum from that date till the date of payment, but no interest shall be payable on 
such amount of compensation as may remain unpaid for any default of the Zamindar or Biswedar or his agent 
or representative in interest.  
15. 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.  
16. Interim compensation.  - (1) Where, within a period of one year from the date of vesting of an estate, the 
compensation payable to the Zamindar or Biswedar is not determined, the State Government shall subject to 
such conditions and restrictions as to security, indemnity, repayment or otherwise as may be prescribed, direct 
the payment to such Zamindar or Biswedar of interim compensation which shall be equal to one-tenth of the 
estimated amount of compensation:  
Provided that, if such compensation is not determined within two years from the date of vesting, the State 
Government may likewise direct the periodical payment to the Zamindar or Biswedar of such fraction of the 
estimated amount of compensation as the State Government may in each case specify.  
(2) The interim compensation paid under sub-section (1) shall be deemed to be a part of and shall be adjusted 
against the total amount of compensation determined and payable under this Act.  
17. Submission of statement of a claim for compensation.  - (1) Every Zamindar or Biswedar who is 
divested of his estate by virtue of a notification issued under Section 4 shall, within [one year] from the date of 
vesting, file a statement of his claim for compensation in the prescribed form before the Collector of the district 
in which such estate is situated:  
Provided that a Zamindar or Biswedar may be allowed to file a statement of his claim after the expiry of [one 
year] on sufficient reason being shown to the satisfaction of the Collector.  
(2) Every such statement shall contain the following particulars, namely:  
(i) the name of the Zamindar or Biswedar and a description of his estate, 
(ii) the extent of the share of each co-share where  there are more co-sharers than one in the estate, along 
with the names and other particulars of all such co-sharers, 
(iii) the amount of gross income of the estate from  all sources specified in the Schedule together wit h 
details in relation to income from each such source, 
(iv) the land revenue payable by the Zamindar or Biswedar, and 
(v) such other particulars as may be prescribed. 
(3) Every such statement shall be signed and verified in the manner prescribed in the Code of Civil Procedure, 
1908 (Central Act 5 of 1908) for the signing and verification of plaints.  
(4) Where the Zamindar or Biswedar relies on any documents (whether or not in his possession or power) as 
evidence in support of any particulars contained in such statement, he shall annex thereto a list of such 
documents.  
18. Determination of compensation.  - (1) On receipt of the statement of claim under Section 17 or, if no such 
statement is received within the prescribed period, on the expiry of such period, the Collector shall, after 
making such in inquiry as he thinks fit and giving an opportunity to the claimant to be heard, decide the amount 
of compensation due to the claimant and record in a statement in the prescribed form the details of the land in 
the estate which has vested in the State Government and such other details as may be prescribed.  
(2) The Collector shall- 
(i) assess the amount of compensation payable for the whole state; and 
(ii) after deducting therefrom the amounts, if any,  referred to in sub-Section (3) of Section 5, deter mine, 
subject to the provisions of sub-Sections (3) & (4) , the net amount of compensation payable for the 
estate which has vested in the State Government by virtue of a notification under Section 4. 
(3) Where there are co-sharers, such amount shall be distributed among them in proportion to the extent of the 
share held by each of them in the estate.  
(4) Where superior and inferior rights exist in relation to the estate or any village, Thok, Patti or land therein, the 
Collector shall distribute such not amount in the proportion in which profits were shared by the holders of such 
superior and inferior rights immediately before the date of vesting of the estate.  
(5) An extract of the statement recorded by the Collector under sub-Section (1) shall be supplied, free of cost, 
to each person affected thereby.  
19. Payment of compensation.  - (1) Subject to any order passed on appeal, review or otherwise in 
accordance with the provisions of Chapter IV, the net amount of compensation determined under subSection 
(2) of Section 18 shall be divided into fifteen equal annual instalments or, at the opinion of the Zamindar or 
Biswedar, into thirty equal half yearly instalments.  
(2) If there has been distribution of such net amount in accordance with sub-Sections (3) and (4) of Section 18, 
the amount falling to the share of each person those sub-sections shall be payable in the same number of 
instalments as to the Zamindar or Biswedar. 
(3) The Collector shall arrange payment of the net amount of compensation to the person or persons to whom it 
is payable but, if any such person refuses to accept payment, the amount payable to him shall be held in 
deposit.  
(4) Where any amount is payable under this Act as aforesaid by way of compensation to a minor or a person 
suffering from a legal disability, then- 
(a) if such minor or person is under the superintendence of the Court of Wards, the amount shall be paid to 
the Court of Wards, and 
(b) in any other case, it shall be paid to the pers on found upon inquiry in the prescribed manner to b e the 
guardian of such minor or person suffering from disability- 
(i) according to the personal law which he is governed, or 
(ii) appointed by a competent court, of authority: 
Provided that, in cases in which the question of guardianship according to such personal law is in dispute, an 
application shall be made to the District Judge having jurisdiction to determine such question and to appoint a 
guardian of the minor or person under disability for the purposes of this section.  
(5) The payment of the net amount of compensation under this Act to the Zamindar or Biswedar and to every 
person entitled to get a share out of it under sub-Sections (3) and (4) of Section 18 in the prescribed manner 
shall be a full discharge of the State Government from its liability to pay compensation for the abolition and 
acquisition of an estate, but shall not prejudice any right in respect of the estate which any other person may be 
entitled by due process of law to enforce against the person or persons to whom payment has been made as 
aforesaid.  
[19A. Payment of annuity in perpetuity in certain cases.  - Notwithstanding anything in this Act, 
where any part of the estate in respect of which a notification under Section 4 has been issued, is 
held as a grant made before the first day of January, 1958 by the Biswedar or the Zamindar as the 
case may be, for the maintenance of an institution for education or charitable purpose, or of any 
place of religious worship, or for the performance of any religious service, such part of the estate 
shall be excluded in assessing the amount of compensation payable for the whole of such estate, 
to the Biswedar or the Zamindar as the case may be, and the State Government shall, in respect 
of such part, pay, by way of compensation, an annuity in perpetuity, equal in amount to the net 
income from such estate in or for the basic year; determined in accordance with the principles 
governing determination of compensation as contained in the Schedule, to the person who is, or 
may hereafter be, recognised, in accordance with the duty of maintenance of such institution or 
place or place of worship or the performance of such service and any such person shall file a 
statement of his claim for compensation in the prescribed manner within the prescribed period.] 
20. Payment of compensation on death.  - If any person to whom any amount is payable under this Act by 
way of compensation dies before the full payment thereof, the balance remaining unpaid shall be payable to 
the person or persons found upon inquiry in the prescribed manner to be the heir or heirs of the deceased 
person according to the personal law by which the latter was governed:  
Provided that, in cases in which the question of such heirship is in dispute, all claimants, thereto shall be 
directed to have their respective title adjudicated upon by a competent civil court and the payment of such 
unpaid balance shall be in accordance with such adjudication.  
21. Compensation money to be placed at the disposal of the Court.  - If the Collector, receives any order 
from any court requiring him to place at its disposal the whole or part of the amount of compensation then 
payable but remaining unpaid to any person under this Act, the Collector shall comply with the order of the 
court.  
22. Questions of the title.  - If, during the course of an inquiry under this Act by the Collector, any question 
relating to right, title or interest in any estate tested in the State Government by virtue of a notification under 
Section 4 arises and such question has not been already determined by a competent authority, the Collector 
shall, subject to the other provisions of this Act proceed as inquire into the merits of such question and pass 
such orders as he thinks fit.  
23. Collector to make inquiries and passed orders under Sections 19(4) & 20 .  - The inquiries referred to 
in sub-Section (4) of Section 19 and in Section 20 shall be made by the Collector within the local limits of 
whose jurisdiction the minor or the person suffering from legal disability resides for the time being or the 
deceased person resided immediately before his demise.  
CHAPTER IV 
Appeal and Review 
24. Appeals.  - (1) The State Government or any person, aggrieved by the decision or order a Collector under 
Section 9 or Section 11 or Section 13 or Section 18 or sub-Section (4) of Section 19 or Section 20 or Section 
22 or under clause (3) of the Schedule annexed hereto may, within thirty days from the date of such decision or 
order, appeal to the [Revenue Appellate Authority]. 
The [Revenue Appellate Authority] shall pass such order on appeal under sub-Section (1) as he thinks fit and 
the order of the [Revenue Appellate Authority] shall, subject to any order passed in appeal under Section 25, 
be final.  
25. Second Appeals.  - (1) An appeal shall lie to the Board of Revenue from an order of the [Revenue 
Appellate Authority] passed under Section 24 on appeal.  
(2) An appeal under sub-Section (1) may be brought within sixty days of the date of the order appealed from on 
any of the grounds mentioned in sub-Section (2) of Section 224 of the Rajasthan Tenancy Act, 1955 
(Rajasthan Act 3 of 1955).  
26. Review.  - The Board, the [Revenue Appellate Authority], the Collector or any other officer exercising the 
powers of the Collector may, either on its or his own motion or on application made by any interested party 
within such time as may be prescribed, review an order passed by itself or himself and pass such order in 
relation thereto as it or he thinks fit:  
Provided that- 
(a) no order shall be varied or reversed unless not ice has been given to the parties interested to app ear 
and be heard in support of such order, and 
(b) no order from which an appeal has been made shall, so long as such appeal is pending, be reviewed. 
27. Injunction by a Civil Court barred.  - Except an authority before whom an appeal under this Chapter is 
pending, no court or authority shall notwithstanding anything contained in any law for the time being in force 
issue any injunction against any person in respect of any proceedings pending before any officer under this 
Act, which shall have the effect of staying the proceedings.  
28. Correction of errors.  - Clerical or arithmetical mistakes in any order passed by any officer or authority, 
under this Act or error arising therein from any accidental slip or omission may at any time be correct by such 
officer or authority, either of his its own motion or on any application received in this behalf from any interested 
party:  
Provided that no order prejudicial to any person shall be made under this section unless such person has been 
given a reasonable opportunity of being heard.  
CHAPTER V 
Miscellaneous 
29. Khatedari rights in khudkasht land.  - [(1) As from the date of vesting of an estate, the Zamindar or 
Biswedar thereof shall be a Malik of any khudkasht land in his occupation on such date and shall, as such 
Malik, be entitled to all the rights conferred and be subject to all the liabilities imposed on a khatedar tenant by 
or under the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) and]  
(2) If there are more persons than one having interested in land held as Khudkasht immediately before the date 
of vesting, all such persons shall be deemed to be [co-Maliks thereof]. 
[x x x]  
[x x x]  
30. Rights of tenants in estate.  - (1) Subject to the provisions of Sections 15, 15-A, 15-B and 16 of the 
Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) every tenant in an estate, other than a tenant of 
Khudkasht or a sub-tenant, shall, as from the date of vesting, be the khatedar tenant of the land comprised in 
his holding, unless he has acquired Khatedari rights therein before such date, and shall, as from the date of 
vesting pay to the State Government, until rents are settled in accordance with the provisions of the Rajasthan 
Land Revenue Act, 1956 (Rajasthan Act No. 15 of 1956), by way of rent therefor the same amount as he had 
been paying to the Zamindar or Biswedar immediately before such date but not exceeding twice the land 
revenue payable in respect thereof.  
(2) Upon a Zamindar or Biswedar becoming a [Malik] or his Khudkasht land under Section 29, every tenant of 
such Khudkasht shall be the sub-tenant of the land in his occupation holding under and from such [Malik]. 
31. State Government to be a party to proceeding under Act.  - The State Government shall be and be 
deemed to be a party in every proceeding under this Act before any officer or authority, and every notice to be 
served or intended to be served on the State Government may be served on the Collector.  
32. Powers and procedure of officers.  - (1) Any officer or authority holding an inquiry or hearing an appeal or 
application for review under this Act shall have the powers of a civil court under the Code of Civil Procedure, 
1908 (Central Act 5 of 1908) relating to- 
(a) proof of facts by affidavits. 
(b) enforcing attendance of any person and his examination on oath, 
(c) production of documents, and 
(d) issuing of commissions, 
and every such officer or authority shall be deemed to be a civil court within the meaning of Sections 480 & 482 
of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898).  
(2) Save as otherwise provided in this Act or the rules made thereunder every officer or authority acting under 
this Act shall have and exercise the same powers and shall follow the same procedure as are had and 
exercisable by, and is laid down for, a revenue court under the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 
of 1955) while trying a suit under that Act.  
33. False statements.  - (1) If in any proceeding under this Act any person makes a statement which is false or 
which he knows to be false or has reason to believe to be false or does not believe to be true, he shall be 
punishable with imprisonment which may extend to three years or with fine or with both.  
(2) If any person Is convicted of an offence punishable under subSection (1) then, without prejudice to such 
conviction and to any punishment imposed on that account, such person shall be further liable to refund or 
restore any benefit which he may have obtained under any provision of this Act in consequence of the 
statement in respect of which he is convicted and such refund or restoration may be enforced by the Collector 
upon the order of conviction becoming final.  
34. Protection of action taken under this Act.  - (1) No suit, prosecution or other legal proceeding shall lie 
against any person for anything which is in good faith done or intended to be done in pursuance of this Act or 
any rules made thereunder.  
(2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to 
be caused or any injury suffered or likely to be suffered by virtue of any provision contained in this Act or any 
rules made thereunder or by anything in good faith done or intended to be done in pursuance of this Act or any 
rules made thereunder.  
35. Delegation of powers.  - (1) The State Government may, by notification in the Official Gazette, delegate to 
any officer or authority sub-ordinate to it all or any of the powers conferred on it by this Act other than those 
conferred by Sections 4 & 36.  
(2) Subject to any general or special orders of the State Government, the Collector may, with the approval of 
the State Government, delegate all or any of the powers conferred on him by this Act to any Sub-Divisional 
Officer or Assistant Collectors subordinate to him, and all things done, action taken and orders passed by such 
Sub-Divisional Officer or Assistant Collector in exercise of the authority so delegated to him, shall, for all the 
purposes of this Act, be deemed to have been done, taken or passed, as the case may be, by the Collector 
who made such delegation.  
36. Power to make rules.  - (1) The State Government may make rules to carry out all or any of the purposes 
of this Act.  
(2) In particular and without prejudice to the generality of the foregoing power, the State Government shall have 
power to make rules- 
(a) specifying the circumstances and the manner in which clearings for cultivation or for any other pu rpose 
shall be made under Section 5, 
(b) laying down the conditions and terms for payment of interim compensation, 
(c) prescribing the form of application under Secti on 10 and the form of statement of claim to be subm itted 
under Section 18 and the further particulars to be given therein, 
(d) prescribing the form of, and the details to be incorporated in, the statement showing the amount o f 
compensation due to the claimant under Section 19, 
(e) providing the manner for holding inquiries unde r this Act and for the service of orders and notice s made 
and issued thereunder, 
(f) prescribing court fees to be charged on applications and appeals under this Act, and 
(g) providing for any matter which by any provision  of this Act may be or is required to be prescribed  or in 
respect of which, by any such provision, rules may be or are required to be made. 
The Schedule 
(See  Section 14) 
Principles Governing Determination of Compensation Payable to Zamindars and Biswedars  
1. Basic Year.  - The expression "basic year" means the agricultural year immediately preceding the agricultural 
year in which the date of vesting falls.  
2. Gross income.  - The gross income of a Zamindar or Biswedar for the year shall be the total income from his 
estate for that year under the following heads, namely:- 
(a) income from rents in respect of lands in the oc cupation of tenants not being tenants of Khudkasht or 
sub-tenants; 
(b) income from cesses in the nature of rents refer red to in clause (a) of sub-Section (2) of Section 173 of 
the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), payable and paid by or on behalf of 
such tenants; 
(c) income from grazing dues from lands other than Khudkasht and Shamlat Deh lands calculated on the 
basis of average yield for ten years immediately preceding the year; 
(d) income from sayer in respect of lands in the es tate other than Khudkasht and Shamlat Deh lands 
calculated on the same basis as income from grazing dues. 
3. Calculation of income from rents & cesses in certain cases.  - (1) Where rent is payable but has not been 
agreed upon, the amount thereof for the basic year shall be fixed by the Collector for the purpose of this Act in 
the manner in which he would do so in a suit under Section 114 of the Rajasthan Tenancy Act, 1955 
(Rajasthan Act 3 of 1955).  
(2) Where rents or cesses in the nature of rent for the basic year are payable and have been paid in kind or 
partly in kind and partly in cash, the Collector shall, for the purpose of this Act, determine the money value of 
the rents or cesses so paid in kind in the manner in which he would do so in a suit commutation of rent under 
Section 118 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955).  
4. Calculation of net income.  - The net income of a Zamindar or Biswedar for the basis year shall be 
calculated by deducting from his gross income for that year.  
(a) the amounts payable or paid by him for the basic year- 
(i) on account of land revenue, and 
(ii) on account of tax on agricultural income under  the Rajasthan Agricultural Income Tax Act, 1953 
(Rajasthan Act 23 of 1953) or on account of any oth er tax, cess, rate, fee, duty penalty or charge 
under any law for the time being in force, 
in respect of the whole of his estate excluding Khudkasht and Shamlat Deh lands; and  
(b) Administrative charges, including the cost of c ollection maintenance of records management of the 
estate and irrecoverable arrears at ten percent of the gross income determined under clause 2. 
5. Amount of compensation.  - (1) the amount of compensation payable to a Zamindar or Biswedar in 
accordance with the provisions of this Act shall be the aggregate of- 
(a) seven times his net income calculated in accord ance with clauses 2, 3 and 4 of the Schedule, subje ct 
to the condition that it shall, in no case, be less than twenty-five per cent of the land revenue payable by 
him for the basic year in respect of land in the oc cupation of tenants not being tenants of khudkasht or 
sub-tenants, and 
(b) twenty five per cent of the land revenue payable by him for the basic year- 
(i) in respect of his Khudkasht lands, and 
(ii) in respect of Shamlat Deh lands. 
(2) In addition to compensation in accordance with sub-clause (1) of this clause, a rehabilitation grant shall also 
be payable at the following scale, namely:- 
(i) where the total land revenue 
payable by the Zamindar or 
Biswedar does not exceed Rs. 
25 per annum 
twenty times the 
net income 
calculated in 
accordance with 
item (a) of sub-
clause (1) of this 
clause. 
(ii) where such land revenue 
exceeds Rs. 25/-, but does not 
exceed Rs. 20/-, per annum, 
ten times such net 
income; 
(iii)  where such land revenue 
exceeds Rs. 50/-, but does not 
exceed Rs. 100/-, per annum, 
eight times such net 
income: 
(iv) where such land revenue 
exceeds Rs. 100/-, but does 
not exceed Rs. 250/-, per 
annum, 
six times such net 
income; 
(v) where such land revenue 
exceeds Rs. 250/-, but does 
not exceed Rs. 500/-, per 
annum, 
four times such 
income; 
(vi) where such land revenue 
exceeds Rs. 500/-, but does 
not exceed Rs. 2000/-, per 
annum, 
twice such net 
income; 
(vii)  where such land revenue 
exceeds Rs. 2000/- but does 
not exceed Rs. 3500/-, per 
annum, 
equal to such net 
income; 
(viii)  where such land revenue nil. 
exceeds Rs. 3500/- per 
annum. 
Notifications  
[No. F. 1(152) Revenue A/59, dated 21.10.1959, Published in Rajasthan Gazette, Extraordinary, Part 4-C, 
dated 21.10.1959]  
In exercise of the powers conferred by sub-section (3) of Section 1 of the Rajasthan Zamindari & Biswedari 
Abolition Act, 1959 (Rajasthan Act No. 8 of 1959), the State Government hereby appoints the first day of 
November, 1959, as the date on which the said Act shall come into force.  
[No. F. 1(152) Revenue/A/59, dated 21.10.1959-Published in Rajasthan Gazette, Extraordinary, Part 4-C, 
dated 21.10.1959.]  
In order to facilitate the enforcement of the Rajasthan Zamindari and Biswedari Abolition Act, 1959 (Rajasthan 
Act No. 8 of 1959), the State Government is hereby pleased to order that the Jagir Commissioner, Rajasthan, 
shall exercise over all control over, and co-ordinate the work of, the Collectors. The Jagir Commissioner is 
hereby made responsible for seeing that the said Act is properly enforced and the abolition of the Zamindari 
and Biswedari estates is effected correctly and expeditiously in accordance with the provisions of the said Act 
and the Rajasthan Zamindari and Biswedari Abolition Rules, 1959. He will please issue detailed instructions to 
the Collectors concerned so that the proclamation required by Rule 3 of the Rules are issued immediately on 
the publication of the Notification under Section 4 of the Act for abolition and acquisition of the Zamindari and 
Biswedari estates, and that possession of such estates is properly taken over on behalf of the State 
Government.  
All references to the State Government in connection with the implementation of the said Act and Rules shall 
be made through the Jagir Commissioner.  
[No. F. 1(152) Revenue/A/59. dated 3.11.1959-Published in Rajasthan Gazette, Part 4-C, Extraordinary, dated 
3.11.1959.]  
In exercise of the powers conferred by Section 4 of the Rajasthan Zamindari and Biswedari Abolition Act, 1959 
(Rajasthan Act No. 8 of 1959), the State Government hereby appoints the 15th day of November, 1959, as the 
date for the abolition and acquisition of all settled Zamindari and B

Excerpt shown. Open the full act in Lexace.

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