Law III

Child and Adolescent Labour (Prohibition and Regulation) Act 1986

Long Title

• An Act
  • to prohibit engagement of children in all occupations and
  • to prohibit engagement of adolescents in hazardous occupations and processes

Definitions

• “adolescent” means
  • a person who has completed his 14^th year of age
  • but has not completed his 18^th year
• “child” means
  • a person who has not completed
    • his 14^th year of age or
    • an age specified in the Right of Children to Free and Compulsory Education Act 2009
    • whichever is more

Section 3(1)

• No child shall be employed or permitted to work
  • in any occupation or process

Section 3(2)

• The preceding provision shall not apply

(a)

• where the child helps his family or family enterprise other than a hazardous occupation or process
  • after his school hours or during vacations

(b)

• where the child works as an artist in an audio-visual entertainment industry
  • including advertisement, films, television serials or such other entertainment or sports activities
  • except the circus
  • subject to prescribed conditions and safety measures
• Provided that
  • such work shall not effect school education of the child

Explanation

• ‘‘family’’ in relation to a child means
  • his mother, father, brother, sister and
  • father’s sister and brother and
  • mother’s sister and brother
• ‘‘family enterprise’’ means
  • any work, profession, manufacture or business
  • performed by members of family with engagement of other persons
• ‘‘artist’’ means
  • a child who performs or practices any work as a hobby or profession
  • directly involving him as an actor, singer, sports person or in any other prescribed activity

Section 3A

• No adolescent shall be employed or permitted to work
  • in any hazardous occupation or process set forth in the Schedule

Proviso

• Central Govt may specify
  • nature of the non-hazardous work
  • to which an adolescent may be permitted to work

Section 5 (1)                   Technical Advisory Committee

• Central Govt
  • may constitute an advisory committee
  • to be called the Technical Advisory Committee
• to advise Central Govt
  • for addition of occupations and processes to the Schedule

Section 5(2)

• The Committee shall consist of
  • a Chairman and other members not exceeding ten
  • to be appointed by Central Govt

Section 7 (1)                   Hours and period of work

• No adolescent shall be permitted to work
  • in excess of hours prescribed for the establishment

Section 7 (2)

• Period of work on each day shall be so fixed
  • that no period shall exceed three hours
• No adolescent shall work for more than three hours
  • before he has had rest for at least one hour

Section 7 (3)

• Period of work of a adolescent
  • shall be so arranged
  • that inclusive of his interval for rest it shall not spread over more than six hours on any day
  • including the time spent in waiting for work
• No adolescent shall be permitted or required
  • to work between 7 p.m. and 8 a.m.
  • No adolescent shall be required or permitted
  • to work overtime

Section 8                         Weekly holidays

• Every adolescent  shall be allowed
  • a holiday of one whole day each week
• which day shall be specified by the occupier
  • in a notice permanently exhibited in a conspicuous place in the establishment

Section 13                       Health and safety

• Appropriate Govt may make rules
  • for health and safety of the adolescent employed or permitted to work

Section 14 (1)

• Whoever
  • employs any child or permits any child to work
  • in contravention of section 3
• shall be punishable
  • with imprisonment of min six months and max two years or
  • with fine of min 20000 rupees and max 50000 rupees or
  • both

Proviso

• Parents or guardians of such children
  • shall not be punished
• unless
  • they permit such child for commercial purposes in contravention of section 3

Section 14 (1A)

• Whoever
  • employs any adolescent or permits him to work
  • in contravention of section 3A
• shall be punishable
  • with imprisonment of min six months and max two years or
  • with fine of min 20000 rupees and max 50000 rupees or
  • both
• Parents or guardians of such adolescent
  • shall not be punished
• unless
  • they permit such adolescent to work in contravention of section 3A

Section 14 (1B)

• Parents or guardians of a child or adolescent
  • shall not be liable for punishment in case of first offence

Section 14 (2)

• Whoever
  • having been convicted of an offence u/s 3 or 3A
  • commits a like offence afterwards
• shall be punishable
  • with imprisonment of min one year and max three years

Section 14 (2B)

• A parent or guardian
  • who commits a like offence
  • after having been convicted of an offence u/s 3 or 3A
• shall be punishable
  • with a fine of upto 10000 rupees

Section 14A

• An offence
  • committed by an employer and punishable u/s 3 or 3A
  • shall be cognizable

Section 14B (1)

• Appropriate Govt
  • shall constitute a Fund in every district
  • to be called the Child and Adolescent Labour Rehabilitation Fund
  • to which the fine realized from employer of a child and adolescent shall be credited

Section 14B (2)

• Appropriate Govt
  • shall credit 15000 rupees to the Fund
  • for each child or adolescent for whom fine has been so credited

Section 14B (3)

• Amounts credited to the Fund

shall be deposited in such banks or invested in such manner

• as appropriate Govt may decide

Section 14B (4)

• Amount so deposited or invested and interest thereon
  • shall be paid to the concerned child or adolescent
  • in such manner as may be prescribed

Section 14C

• The child or adolescent
  • who is employed in contravention of this Act and rescued
• shall be rehabilitated
  • in accordance with the laws in force

Section 14D(1)

• Notwithstanding anything in CrPC:
• District Magistrate may compound
  • any offence committed for the first time u/s 14(3) or any offence committed by a parent or guardian
  • in such manner and on payment of such amount to appropriate Govt as may be prescribed

Section 14D(3)

• Where any offence is compounded
  • before institution of any prosecution
• no prosecution shall be instituted
  • in relation to such offence
  • against the offender in relation to whom the offence is so compounded

Section 14D(4)

• Where composition of any offence is made
  • after institution of any prosecution
• such composition shall be brought in writing
  • to the notice of the Court in which the prosecution is pending and
• on approval of composition of the offence
  • the person against whom the offence is compounded shall be discharged

Section 16                       Procedure relating to offences

• Any person, police officer or Inspector
  • may file a complaint of commission of an offence under this Act
  • in any court of competent jurisdiction

Section 16(2)

• Every certificate as to the age of a child
  • granted by a prescribed medical authority
• shall be conclusive evidence
  • as to the age of the child

Section 16(3)

• No court
  • inferior to that of a Metropolitan Magistrate or a Magistrate of first class
  • shall try any offence under this Act

Section 17                       Appointment of Inspectors

• Appropriate Govt may appoint Inspectors
  • for securing compliance with the provisions of this Act
• Any Inspector so appointed
  • shall be deemed to be a public servant

Section 17A

• Appropriate Govt
  • may confer such powers and impose such duties on a District Magistrate as may be necessary
  • to ensure that the provisions of this Act are properly carried out
• District Magistrate
  • may specify the officer subordinate to him
  • who shall exercise these powers and perform these duties

Section 17B

• Appropriate Govt
  • shall make periodic inspection of the places
  • at which employment of children is prohibited and hazardous occupations or processes are carried out
  • at such intervals as it thinks fit

Section 18(1)                  Power to make rules

• Appropriate Govt may make rules
  • for carrying into effect the provisions of this Act
  • subject to the condition of previous publication

Section 18(2)

• Such rules may provide for the following matters:

(a)

• conditions and safety measures under clause (b) of sub-section (2)

(c)

• number of hours
  • for which a child may be required or permitted to work u/s 7(1)

(f)

• manner of payment of amount
  • to the child or adolescent u/s 14B(4)

(g)

• manner of composition of the offence and
• payment of amount to appropriate Govt u/s 14D(1)

The  Schedule

(1)         Mines

(2)         Inflammable substances or explosives

(3)         Hazardous process

Explanation

• “hazardous process”
  • has the meaning assigned to it in the Factories Act, 1948

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

(PREVENTION, PROHIBITION AND REDRESSAL) ACT 2013

Section 2

In relation to a workplace:

• “aggrieved woman” means
  • a woman, whether employed or not
  • who alleges to have been subjected to any act of sexual harassment

In relation to a dwelling place:

• “aggrieved woman” means
  • a woman of any age
  • who is employed in such a dwelling place

In relation to a workplace

• established, owned, controlled or financed by Central Govt or UT admn
• “appropriate government” means
  • the Central Govt

In relation to a workplace

• established, owned, controlled or financed by State Govt
• “appropriate government” means
  • the State Govt

In relation to

• any other workplace falling within its territory:
• “appropriate government” means
  • the State Govt

“domestic worker” means

• a woman
  • who is employed to do household work in any household for remuneration
  • either directly or through any agency
  • on a temporary, permanent, part time or full time basis
• but does not include
  • any member of the family of the employer

“employee” means

• a person employed at a workplace for any work
  • on regular, temporary, ad hoc or daily wage basis
  • directly or through agent, including a contractor
  • whether for remuneration or working on a voluntary basis or otherwise and
• includes
  • a co-worker, a contract worker, probationer, trainee or apprentice

In relation to

• any department, enterprise or office of Govt or local authority:
• “employer” means
  • its head or any other specified officer

In any other workplace:

• “employer” means
  • any person responsible for management, supervision and control of the workplace
• where management includes
  • person or board or committee
  • responsible for formulation and administration of policies for such organisation

In relation to

• workplaces covered under the preceding  clauses:
• “employer” means
  • the person discharging contractual obligations with respect to his or her employees

In relation to a dwelling place or house:

• “employer” means
  • a person or a household who employs or benefits from employment of the domestic worker, irrespective of the nature of employment or activities performed by him

• “respondent“ means
  • a person against whom the aggrieved woman has made a complaint u/s 9

• “sexual harassment” includes
  • physical contact and advances
  • a demand or request for sexual favours
  • making sexually coloured remarks
  • showing pornography
  • any other unwelcome physical, verbal or non-verbal conduct of sexual nature
• “workplace” includes
• any department, establishment, institution or office
  • established, owned, controlled or financed by appropriate Govt or local authority or a Govt company or a corporation or a co-operative society
• any private sector organisation or institution, establishment or society
  • carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities
• hospitals or nursing homes
• any sports institute or competition venue
  • used for training and sports
• any place visited by the employee
  • arising out of or during the course of employment
  • including transportation provided by the employer
• a dwelling place or a house

• “unorganised sector“ means
• an enterprise
  • owned by individuals or self-employed workers and
  • engaged in production or sale of goods or providing service of any kind and
• where the enterprise employs workers
  • the number of such workers is less than ten

Section 3(1)                    Prevention of sexual harassment

• No woman
  • shall be subjected to sexual harassment
  • at any workplace
• Following circumstances, among others
  • if occurring or present in relation to any act or behaviour of sexual harassment
• may amount to sexual harassment:
  • implied or explicit promise of preferential treatment in her employment
  • implied or explicit threat of detrimental treatment in her employment
  • implied or explicit threat about her present or future employment status
  • interference with her work or creating an intimidating or hostile work environment for her

CHAPTER   II

Constitution of Internal Complaints Committee

Section 4(1)                    Constitution of Internal Complaints Committee

• Every employer of a workplace
  • shall constitute a Committee to be known as the Internal Complaints Committee
  • by an order in writing
• Where 
  • offices or administrative units of the workplace are located at different places
• the Internal Committee
  • shall be constituted at all administrative units or offices

• The Internal Committee
  • shall consist of the following members
  • to be nominated by the employer:
• a Presiding Officer
  • from amongst the employees
  • who shall be a woman employed at a senior level at the workplace
• not less than two Members
  • from amongst employees
  • preferably committed to the cause of women or who have had experience in social work or have legal knowledge
• one member
  • from amongst NGOs committed to the cause of women or
  • a person familiar with issues relating to sexual harassment

Proviso

• At least one-half of Members so nominated
  • shall be women
• In case
  • a senior level woman employee is not available
• the Presiding Officer
  • shall be nominated from other offices or administrative units of the workplace
• In case
  • other offices or administrative units of the workplace do not have a senior level woman employee
• the Presiding Officer
  • shall be nominated from any other workplace of the same employer or other department or organisation
• Presiding Officer and Members of Internal Committee
  • shall hold office for such period, not exceeding three years
  • as specified by the employer
• The Member
  • appointed from amongst non-governmental organisations or associations
• shall be paid by the employer
  • prescribed fees or allowances
  • for holding proceedings of the Internal Committee

CHAPTER   III

Constitution of Local Complaints Committee

Section 5                         Notification of District Officer

• Appropriate Govt may notify
  • a District Magistrate or ADM or Collector or Dy Collector
• as a District Officer for every District
  • to exercise powers or discharge functions under this Act

Section 6                         Constitution of Local Complaints Committee

• Every District Officer
  • shall constitute in the district a committee
  • to be known as the Local Complaints Committee
• to receive complaints of sexual harassment
  • from establishments where Internal Complaints Committee has not been constituted due to having less than ten workers or
  • if the complaint is against the employer himself
• The District Officer shall designate
  • one nodal officer in every block/tehsil in rural area and ward/municipality in urban area
• to receive complaints and
  • forward them to the Local Complaints Committee within seven days

Section 7                         Composition and other terms and conditions

• The Local Complaints Committee
  • shall consist of the following members
  • to be nominated by the District Officer:
• a Chairperson
  • to be nominated from amongst eminent women in the field of social work and committed to the cause of women
• one Member
  • to be nominated from amongst women working in the block/tehsil or ward/municipality
• two Members
  • of whom at least one shall be a woman
  • to be nominated from amongst prescribed non-governmental organisations committed to the cause of women or
  • persons familiar with issues relating to sexual harassment

Provisos

• At least one nominee
  • should preferably have a background in law or legal knowledge
• At least one nominee
  • shall be a woman belonging to SCs or STs or OBCs or minority community
• The officer
  • dealing with social welfare or women and child development in the district
• shall be a member ex officio
• Chairperson and Members of Local Committee
  • shall hold office for a period not exceeding three years
  • as specified by the District Officer

Section 8                         Grants and audit

• Central Govt may
  • after due appropriation made by Parliament by law
• make to State Govts grants
  • of such sums of money as it may think fit
  • for being utilised for payment of fees or allowances u/s 7(4)

CHAPTER    IV

Complaint

Section 9                         Complaint of sexual harassment

• Any aggrieved woman
  • may make in writing a complaint of sexual harassment at workplace
  • to the Internal Committee if so constituted or the Local Committee if not so constituted
• within three months
  • from the date of incident and
  • from the date of last incident, in case of a series of incidents
• Where
  • such complaint cannot be made in writing
• Presiding Officer or Members of the concerned  Committee
  • shall render all reasonable assistance to the woman
  • for making the complaint in writing
• The concerned Committee
  • may extend the time limit not exceeding three months
• if it is satisfied
  • that circumstances prevented the woman from filing a complaint within time
• Where
  • the aggrieved woman is unable to make a complaint
  • on account of her physical or mental incapacity or death or otherwise
• her legal heir or other prescribed person
  • may make a complaint under this section

Section 10                       Conciliation

• Before initiating an inquiry u/s 11 and
  • at the request of the aggrieved woman
• the concerned Committee may take steps
  • to settle the matter between her and the respondent
  • through conciliation

Proviso

• No monetary settlement shall be made
  • as a basis of conciliation
• Where a settlement has been so arrived at:
• the concerned Committee shall
  • record the settlement so arrived and
  • forward the same to the employer or the District Officer to take action as specified in the recommendation

Section 11                       Inquiry into complaint

• Where the respondent is an employee:
• the concerned Committee
  • shall proceed to make inquiry
    • in accordance with service rules and
    • in prescribed manner, where no such rules exist
• in case of a domestic worker:
• the Local Committee
  • shall forward the complaint to the police within seven days if a prima facie case exists
  • for registering a case u/s 509 and other relevant provision of IPC
• When the respondent is convicted:
• the court may order
  • payment of such sums as it may consider appropriate having regard to section 15
  • to the aggrieved woman by the respondent
• For making such inquiry:
• the concerned Committee
  • shall have the same powers
  • as are vested in a civil court when trying a suit

CHAPTER   V

Inquiry  into  Complaint

Section 12                       Action during pendency of inquiry

• During pendency of an inquiry:
  • on a written request made by the aggrieved woman
• Internal Committee or Local Committee may recommend to the employer
  • to transfer the aggrieved woman or the respondent to any other workplace or
  • to grant leave to the aggrieved woman upto three months or
  • to grant any other prescribed relief to the aggrieved woman
• Leave so granted to the aggrieved woman
  • shall be in addition to the leave she would be otherwise entitled
• On such recommendation
  • of Internal Committee or Local Committee:
• the employer
  • shall implement the recommendations and
  • shall send the report of such implementation to the concerned Committee

Section 13                       Inquiry report

• On completion of inquiry:
• Internal Committee or Local Committee
  • shall provide a report of its findings to the employer or District Officer
  • within ten days
• Such report
  • shall be made available to the concerned parties

• Where
  • Internal Committee or Local Committee arrives at the conclusion
  • that the allegation against the respondent has been proved
• it shall recommend to employer or District Officer

(i)

• to take action for sexual harassment as a misconduct
  • in accordance with service rules applicable to the respondent or
  • in prescribed manner; where no such service rules have been made

(ii)

• to deduct from salary/wages of respondent
  • such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs
  • as it may determine in accordance with section 15

Proviso

• In case
  • employer is unable to make such deduction from salary of respondent
  • due to him being absent from duty or cessation of employment
• it may direct the respondent
  • to pay such sum to the aggrieved woman
• The employer or District Officer
  • shall act upon the recommendation
  • within sixty days of its receipt by him

Section 14                       Punishment for false or malicious complaint

• Where
• Internal Committee or Local Committee arrives at a conclusion
  • that the allegation against the respondent is malicious or
  • that the complainant made the complaint knowing it to be false or
  • that the aggrieved woman or other person making the complaint has produced any forged or misleading document
• it may recommend
  • to the employer or District Officer
• to take action against the woman or complainant
  • in accordance with service rules or
  • in prescribed manner; where no such service rules exist

Proviso

• A mere inability
  • to substantiate a complaint or provide adequate proof
• need not attract action
  • against the complainant
• Malicious intent of the complainant
  • shall be established after an inquiry in accordance with procedure prescribed
  • before any action is recommended
• Where
  • Internal Committee or Local Committee arrives at a conclusion
  • that any witness has given false evidence or produced any forged or misleading document
• it may recommend
  • to the employer of the witness or the District Officer to take action
    • in accordance with service rules applicable to the said witness or
    • where no such service rules exist, in such manner as may be prescribed

Section 15                       Determination of compensation

• For determining sums
  • to be paid to the aggrieved woman u/s 13(3)(ii):
• the concerned Committee shall have regard
  • to the mental trauma, suffering and emotional distress caused to her
  • to her loss in career opportunity due to the incident of sexual harassment
  • to medical expenses incurred by her for physical or psychiatric treatment
  • to income and financial status of the respondent

Section 16                       Prohibition of publication

• Notwithstanding anything in Right to Information Act 2005
  • contents of the complaint made u/s 9
  • identity and addresses of the aggrieved woman, respondent and witnesses
  • recommendations of Internal Committee or Local Committee and
  • action taken by the employer or District Officer under this Act
• shall not be published, communicated or made known
  • to the public, press and media in any manner

Section 17                       Penalty for publication

• Where
  • any person entrusted with duty to handle the complaint, inquiry or any recommendations under this Act contravenes section 16
• he shall be liable for penalty
  • in accordance with service rules applicable to him or
  • where no such service rules exist, in such manner as may be prescribed

Section 18                       Appeal

• Any person aggrieved from
  • recommendations made u/s 13(2), 13(3), 14 or 17 or
  • non-implementation of such recommendations
• may prefer an appeal to the court or tribunal
  • in accordance with service rules applicable to him or
  • in such manner as may be prescribed where no such service rules exist
• Such appeal shall be preferred
  • within ninety days of the recommendations

CHAPTER   VI

Duties  of  Employer

Section 19                       Duties of employer

• Every employer shall
• provide a safe working environment at workplace
  • which shall include safety from persons coming into contact at the workplace
• display at any conspicuous place in workplace
  • penal consequences of sexual harassments and
  • the order constituting the Internal Committee
• organise workshops and awareness programmes
  • for sensitising employees with the Act
• provide necessary facilities to Internal Committee or Local Committee
  • for dealing with the complaint and conducting an inquiry
• assist in securing attendance of respondent and witnesses
  • before Internal Committee or Local Committee
• make available such information to Internal Committee or Local Committee
  • as it may require
• provide assistance to the woman
  • if she so chooses to file a complaint in relation to the offence under IPC or any other law

CHAPTER VII

Duties and Powers Of District Officer

Section 20                       Duties and powers of District Officer

•  The District Officer shall

(a)

• monitor the timely submission of reports furnished by the Local Committee

(b)

• take such measures as may be necessary for engaging non-governmental organisations for creation of awareness on sexual harassment and the rights of the women

CHAPTER VIII

Miscellaneous

Section 21                       Committee to submit annual report

(1)

• The Internal Committee or the Local Committee, as the case may be
• shall in each calendar year prepare, in such form and at such time as may be prescribed,
• an annual report and submit the same to the employer and the District Officer

(2)

• The District Officer shall forward a brief report on the annual reports
• received under sub-section (1) to the State Government

Section 22                       Employer to include information in annual report

• The employer shall include in its report the number of cases filed, if any and
• their disposal under this Act in the annual report of his organisation or
• where no such report is required to be prepared, intimate such number of cases, if any
• to the District Officer

Section 23        Appropriate Government to monitor implementation and maintain data

• The appropriate Government shall monitor the implementation of this Act and
• maintain data on the number of cases filed and disposed of
• in respect of all cases of sexual harassment at workplace

Section 24                      Appropriate Government to take measures to publicise the Act

• The appropriate Government may
• subject to the availability of financial and other resources,

(a)

• develop relevant information, education, communication and training materials, and organise awareness programmes,
• to advance the understanding of the public of the provisions of this Act
• providing for protection against sexual harassment of woman at workplace

(b)

• formulate orientation and training programmes for the members of the Local Complaints Committee

Section 25                       Power to call for information and inspection of records

(1)

• The appropriate Government, on being satisfied that it is necessary in the public interest or
• in the interest of women employees at a workplace to do so
• by order in writing

(a)

• call upon any employer or District Officer to furnish in writing
• such information relating to sexual harassment as it may require

(b)

• authorise any officer to make inspection of the records and workplace in relation to sexual harassment
• who shall submit a report of such inspection to it within such period as may be specified in the order

(2)

• Every employer and District Officer shall produce on demand
• before the officer making the inspection all information
• records and other documents in his custody having a bearing on the subject-matter of such inspection

Section 26                       Penalty for non-compliance with provisions of Act

(1)        

• Where the employer fails to

(a)         constitute an Internal Committee under sub-section (1) of section 4

(b)         take action under sections 13, 14 and 22 and

(c)          contravenes or attempts to contravene or abets contravention of other provisions of this Act or any rules made thereunder,

• he shall be punishable with fine which may extend to fifty thousand rupees

(2)        

• If any employer, after having been previously convicted of an offence punishable under this Act
• subsequently commits and is convicted of the same offence
• he shall be liable to

(i)         

• twice the punishment, which might have been imposed on a first conviction,
• subject to the punishment being maximum provided for the same offence

(ii)        

• cancellation, of his licence or withdrawal, or non-renewal, or approval, or cancellation of the registration, as the case may be,
• by the Government or local authority required for carrying on his business or activity

Section 27                       Cognizance of offence by courts

(1)        

• No court shall take cognizance of any offence punishable under this Act or any rules made thereunder,
• save on a complaint made by the aggrieved woman or
• any person authorised by the Internal Committee or Local Committee in this behalf

(2)        

• No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
• shall try any offence punishable under this Act

(3)        

• Every offence under this Act shall be non-cognizable

Section 28                       Act not in derogation of any other law

• The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force

Section 29                       Power of appropriate Government to make rules

• The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

RAJASTHAN    LAND     REVENUE     ACT    1956

[Summarized by DLA in 20 pages, retaining the statutory language]

Interpretation

Section 3                     

• “Land Records Officer” shall mean
  • the collector
  • the Additional or Assistant Land Records Officer

• “Nazul Land” shall mean
  • abadi land within the limits of a municipality or a panchayat circle or a village, town or city
  • vesting in State Govt

• “Village” shall mean
  • the tract of land
  • which has been or may hereafter be recognised and recorded to be a village

Establishment and Composition of Board

Section 4                

• There shall be established for Rajasthan
  • a Board of Revenue

• The Board shall consist of
  • a Chairman and not less than 3 and not more than 15 other members

• Headquarters of the Board of Revenue
  • shall be at Ajmer

Powers of the Board

Section 8                     

• The Board shall be the highest revenue court
  • of appeal, revision and reference in Rajasthan

Superintendence of Revenue Courts

Section 9                     

• General superintendence and control
  • over all revenue courts and over all revenue officers
  • shall be vested in the Board
• All such courts and officers
  • shall be subordinate to the Board

Territorial Divisions

 Section 15              

• For revenue and general administration:
• The State shall consist of divisions and districts
• Every division shall be a district or more than one district

• A district may be divided into sub-divisions
• Each sub-division shall consist of one or more tehsils

Commissioner

Section 17                   

• State Government
  • shall appoint in each division a Commissioner
  • may appoint Additional Commissioners

Settlement Commissioner

Section 18                   

• State Govt
  • shall appoint for the whole of the State a Settlement Commissioner
  • may appoint many Additional Settlement Commissioners

Director of Land Records

Section 19                   

• State Govt
  • shall appoint for the State, a Director of Land Records
  • may appoint many Additional and Assistant Directors of Land Records

Appointment of other Officers

Section 20                   

• State Govt shall appoint
  • a Collector in each district
    • who shall also be Land Records Officer for the district
  • a Tehsildar in each tehsil

• State Govt may appoint
  • an Additional Land Record Officer to a district
  • a Settlement Officer to a district
  • as many Assistant Collectors to a district as it thinks fit

• State Govt shall appoint
  • an Assistant Collecor in charge of a sub-division
  • a Tehsildar or a Naib-Tehsildar in charge of a sub-tehsil

Revenue Appellate Authority

Section 20A                        

• State Govt may appoint
  • a number of officers, not being less than three
• to hear and dispose of appeals, revisions and references
  • in revenue judicial cases and other specified matters

• Every officer so appointed
  • shall be designated as Revenue Appellate Authority and

Controlling Power

Section 23 (1)              

• Control of all non-judicial matters
  • connected with revenue other than matters connected with settlement
  • is vested in State Govt

• Control of all judicial matters and settlement matters
  • is vested in the Board

Judicial matter

Section 23 (2)

• “judicial matter” means
  • a proceeding in which a revenue court or officer has to determine rights and liabilities of parties and
  • proceedings, orders, appeals, revisions and references in a case specified in First Schedule

Subordination of Revenue Courts and Officers

Section 24                  

• Following officers in a division shall be subordinate to the Commissioner :
  • All Addl. Commissioners
  • Collectors,  Addl. Collectors
  • Sub-Divisional Officers,  Asstt. Collectors
  • Tehsildars and Naib-Tehsildars

• Following officers in a district shall be subordinate to the Collector
  • all Addl. Collectors
  • Sub-Divisional Officers, Asstt. Collectors
  • Tehsildars and Naib-Tehsildars

• officers subordinate to the Sub-Divisional Officer:
  • all Tehsildars and Naib-Tehsildars

Inherent powers of Courts and officers

Section 27                   

• A Commissioner shall have
  • all powers of a Land Records Officer and officers subordinate to LRO

• A Revenue Appellate Authority shall have all powers of
  • a Collector, a Sub Divisional Officer, an Assistant Collector and a Tehsildar

• A Collector shall have all powers of
  • a Sub-Divisional Officer, an Assistant Collector and a Tehsildar

• A Sub-Divisional Officer
  • shall have all powers of an Assistant Collector and a Tehsildar

• A Land Records Officer or a Settlement Officer
  • shall have all powers of a Tehsildar

Formation and alteration of Patwaris’ Circles

Section 30                   

• Director of Land Records
  • may arrange villages of each district in Patwaris’ circles
  • may alter the number and limits of such circles

Appointment of Patwaris

Section 31                   

• The Collector shall appoint a Patwari to each circle
  • for maintenance and correction of annual registers and records under Chapter VII
  • for collection of all rents, revenue and other demands due from land holders and tenants
  • for such other duties as prescribed by State Govt

Formation of Land Records Inspection circles

Section 32                

• Director of Land Records may arrange
  • patwaris’ circles of each district into land records inspection circles

Girdawar Qanungos or Land Records Inspectors

Section 33                   

• The Collector shall appoint to each land records inspection circle
  • a Girdawar Qanungo or Land Record Inspector
  • for supervision, maintenance and correction of annual registers and records under Chapter VII

Sadar Qanungos

Section 34                   

• Director of Land Records shall appoint
• one or more Sadar Qanungos in each district
  • to supervise work of Girdawar Qanungos or Land Records Inspectors and Patwaris
  • to perform other duties prescribed by State Govt

Power to enter upon and survey land

Section 52                   

• All revenue and village officers
  • may enter upon and survey land and demarcate boundaries

Power of Revenue Courts or officers to Summon

Section 57               

• every revenue court or officer shall have power
  • to summon any person whose attendance is considered necessary

• If any person fails to comply with the summons
  • court or officer may issue a bailable warrant for the arrest of such person

FIRST    APPEALS

Section 75                 

• A first appeal shall lie

(a)

• to the Collector
  • from an original order passed by a Tehsildar
  • in matters not connected with settlement or land records

(b)

• to the revenue appellate authority
  • from an original order passed by an Assistant Collector or a Sub-Divisional Officer or a Collector
  • in maters not connected with settlement

(c)

• to the Settlement Officer
  • from an original order passed by a revenue court or officer subordinate to him

(d)

• to the Land Records Officer
  • from an original order passed by a revenue court or officer subordinate to him

(e)

• to the Settlement Commissioner
  • from an original order passed by a Settlement Officer or by a Collector
  • in matters connected with Settlement

(f)

• to the Director of Land Records
  • from an original order passed by a Land Records Officer
  • in matters connected with land records

(g)

• to the Board
  • from an original order passed by
  • the Commissioner or Additional Commissioner, the revenue appellate authority, the Settlement Commissioner

SECOND    APPEALS

Section 76                   

• An appeal shall lie

(a)

• to the revenue appellate authority
  • from an order passed in appeal by a Collector
  • in matters not connected with settlement or land records…

(b)

• to the Settlement Commissioner
  • from an order passed in appeal by a Settlement Officer acting u/s 181

(c)

• to the Director of Land Records
  • from an order passed in appeal by a Land Records Officer…

(d)

• to the Board
  • from an order passed in appeal by the Commissioner or the revenue appellate authority or the Settlement Commissioner

LIMITATION   FOR   APPEALS

Section 78                   

• No appeal shall lie

(a)

• to Collector or Land Records Officer or Settlement Officer
  • after expiration of thirty days from the date of order..

(b)

• to the revenue appellate authority or Settlement Commissioner or the Director of Land Records
  • after expiration of sixty days from the date of order

(c)

• to the Board
  • after expiration of ninety days from the date of order

Power  of  Review

Section 86

• Every other revenue court or officer
  • may review any order passed by himself or by any of its or his predecessors in office and
  • may pass such orders as he thinks fit

Roads and land belong to the State

Section 88(1)                  

• All public roads, paths and bridges
• all canals and watercourses
• all standing and flowing water and
• all lands wherever situated which are not the property of individuals or of bodies of persons legally capable of holding property
  • are hereby declared to be the property of the State
• It shall be lawful for the Collector
  • to dispose of them in prescribed manner

Right of minerals, mines and fisheries

Section 89                   

• The right
  • to all minerals, mines and quarries
  • to all fisheries, navigation and irrigation in and from a river
• shall vest in State Govt

Right of access to land for mining and quarrying

• The right to all mines and quarries includes
  • the right of access to land for mining and quarrying and
  • the right to occupy other land necessary for subsidiary purposes including erection of offices, workmen’s dwellings and machinery

Liability of all land to payment of revenue or rent

Section 90              

• All land to whatever purpose applied and wherever situated
  • is liable to payment of revenue or rent to State Govt
• except
  • land wholly exempted from such liability by special grant of or contract with State Govt or by law

Agricultural land not to be used for non-agricultural purpose

Section 90A                        

• No person holding any land for the purpose of agriculture 
  • shall use the same or any part for any other purpose
  • by construction of buildings thereon or otherwise
• except with written permission of State Govt

• Any such person desiring to use such land for other than agriculture
  • shall apply for permission to prescribed authority

• State Govt shall after making due inquiry
  • either refuse the permission applied for or grant the same  subject to prescribed terms and conditions

• When any such land
  • is permitted to be used for a purpose other than that of agriculture
• the person to whom such permission is granted
  • shall be liable to pay to State Govt
  • an urban assessment levied at prescribed rate or
  • such amount by way of premium as prescribed by State Govt or
  • both

• If any such land is so used
  • without written permission of State Govt or without making due payments..
• the person originally holding the land for agriculture purpose and his transferees
  • shall be deemed to be a trespasser

• He shall be liable to ejectment 
  • from such land u/s 91 as if he had occupied such land without lawful authority

Unauthorised occupation of Land

Section 91              

• Any person who occupies any land without lawful authority
  • shall be regarded as a trespasser and
  • may be summarily evicted therefrom by the Tehsildar

• Any crop standing or any building or other construction or anything deposited on such land
  • shall be liable to be forfeited to the State
  • if not removed within a reasonable time fixed by the Tehsildar

Penalty for Unauthorised occupation

• Such trespasser shall further be liable to pay
  • for each agricultural year during which he has been in such unauthorized occupation
• a penalty
  • up to fifty times the annual rent or assessment, for the first act of trespass

• For each subsequent act of trespass:
• he shall be liable, by an order of Tehsildar
  • to commitment to civil person upto three months and to pay penalty as aforesaid

Land may be set apart for special purposes

Section 92                   

• Collector may set apart land for any special purpose
  • for free pasturage of cattle
  • for forest reserve
  • for development of abadi or
  • for any other public or municipal purpose

Roadside trees

Section 94A                 

• All roadside trees
  • which have been planted and reared by order of or at the expense of State Govt and
• all trees
  • which have been planted and reared at the expense of local funds by the side of any road which vests in State Govt
• shall vest in State Govt

NOTE

• Proviso to this section gives exclusive right to a tenant to get produce of such trees
• This is to encourage tenants to grow fruit trees or commercial trees along road side

Abadi” or “abadi area” or “abadi land

Section 103

• “abadi” or “abadi area” or “abadi land” means
  • the population area of a village, town or city and
• includes
  • the site of such village, town or city
  • land reserved and set apart u/s 92 for development of abadi and land held therein for building purposes

SURVEY   AND   RECORD   OPERATIONS

Preparation of map and field book

Section 112            

• For every local area under survey and record operations:
• Land Records Officer shall prepare
  • a map and a field book
  • for each village or portion comprised in such area

Preparation of record of rights

Section 113            

• Land Records Officer shall frame for each village
  • a record of rights

Contents of record of rights

Section 114            

• The record of rights shall consist of:
• a khewat
  • that is, a register of all estate-holders in the area under survey and record operations
  • specifying nature and extent of interest of each and his co-sharers
• a khatauni
  • that is, a register of all persons cultivating or otherwise holding or occupying land in such area
  • specifying particulars required by section 121
• a register of all persons
  • holding land in such area free of rent or revenue

Register   of   Villages

Section 120                       

• Land Records Officer shall prepare
  • a list of all villages in the area under survey and record operations
  • showing therein
    • area liable to fluvial cultivation
    • area having precarious cultivation
    • revenue or rent assessed thereon and the person through whom it is payable
    • area of which revenue or rent has been released, assigned or compounded

Particulars to be stated in khatauni

Section 121            

• The register of persons cultivating or otherwise holding or occupying land
  • prescribed by section 114(b)
• shall specify as to each tenant the following particulars:
  • nature and class of his tenure as determined under the Tenancy Act
  • amount of premium paid by him for acquisition of khatedari rights
  • date of khatedari parcha and transfers made by him
  • khasra number of each field comprised in his holding and its area
  • annual rent payable by him
  • number of years during which he has held the land then in his possession: in case of a person other than a khatedar tenant

Annual Registers

Section 132            

• Land Records Officer
  • shall maintain the record of rights and
• For that purpose: he shall annually cause to be prepared
  • a set of registers enumerated in sections 114

• The registers so prepared
  • shall be called the annual registers

SETTLEMENT

Soil Classification

Section 150           

• Settlement Officer shall divide
  • villages in each assessment circle or assessment group into various soil classes in accordance with rules

Evolution of rent-rates

Section 151            

• The Settlement Officer shall then evolve
  • suitable rent-rates for each class of soil in each assessment circle or assessment group

Basic of rent-rates

Section 152            

• For arriving at fair and equitable rent-rates u/s 151:
•  the Settlement Officer shall have regard to:
• collections from rent during the twenty years preceding the settlement  
• average of agricultural produce prices prevailing during the twenty years preceding the settlement 
• nature of crops grown and average quantity of produce
• value of such produce at the average price referred above
• expenses of cultivation and cost to cultivator of maintaining himself and family
• area of land kept fallow each year out of each holding, rotation followed and periods of rest
• rent-rates sanctioned for similar classes of soil in adjoining areas

DETERMINATION   OF   RENTS

Land to be excluded from assessment

Section 158            

• Settlement Officer shall exclude from assessment
  • land occupied by buildings with their appurtenances
  • permanent threshing floors
  • graveyards, cremation grounds and play-grounds
  • permanent roads and pathways
  • unculturable land

Allowance for improvements

Section 159            

• Where an improvement has been lawfully made
  • in relation to a holding by or at the cost of a tenant
• Settlement Officer shall assess the rent u/s 157
  • in a manner so as to ensure to such tenant
  • enjoyment of full benefits arising from such improvement
  • for twenty years from completion of the improvement

Limits of enhancement

Section 161            

• Where the rent assessed u/s 157 exceeds the existing rent thereof
• such existing rent
  • shall not be enhanced by more than one fourth thereof

• Also, the rent so assessed
  • shall in no case be less than three quarters of the valuation of the holding at the sanctioned rent-rates

Assessment of Chahi holdings

Section 163           

• When assessing rent u/s 157
  • for assessable area of a Chahi (well irrigated) holding:
• regard shall also be had
  • to the areas thereof cultivated as Chahi, cultivated as dry and kept fallow each year and
• such rent  shall be the aggregate of
  • rents calculated in respect of average of the areas of the holding cultivated as Chahi, cultivated as dry and kept fallow during the last five years
  • at the appropriate sanctioned rent-rates respectively for Chahi, dry and fallow lands

Option to tenant to refuse rent determined

Section 168                       

• Any tenant for whose holding rent has been determined 
  • may refuse to accept the rent determined within thirty days

Effect o refusal

Section 169                       

• Upon such refusal:
  • the tenant shall forthwith vacate the holding

Preparation of Dastoor Ganwai

Section 173            

• Settlement Officer
  • shall prepare a Wajib-ul-arz or Dastoor Ganwai
  • for each village in the area under settlement operations

Term   of   Settlement

Section 175            

• Term of every settlement made under this Act
  • shall be twenty years

• State Govt may extend the term beyond 20 years
  • having regard to
    • pressure of population on land
    • the extent to which culturable area is cultivated and
    • fullness of rentals

• For special reasons such as
  • a serious deterioration, considerable concealment of assets or deliberate and extensive throwing of land out of cultivation
• State Govt may sanction
  • shorter term of settlement for any local area

Prior termination of settlement

Section 176            

• When State Govt is satisfied
  • that it is necessary to terminate before its expiry term of any settlement
• on account of
  • considerable and material fall in prices or
  • considerable and material difference betweenthe sanctioned rent-rates of any area and its neighbouring areas or
• where
  • the sanctioned rent-rates are found on further examination to be inequitably high
• State Govt may by notification declare its intention
  • of terminating the term of such settlement forthwith and bringing the area under re-settlement

Assessment of irrigated land

Section 177A                     

• If any land held by a tenant
  • is irrigated by a canal constructed at State Govt expenses and
  • such land is assessed at unirrigated rates
• the tenant shall be liable
  • to pay rent enhanced Rs. 1.50 per bigha from the date of first irrigation

PARTITION

Partible estates

Section 185            

• All estates shall be presumed to be impartible
  • unless proved by custom or otherwise to be partible

Method of trial

Section 196                       

• The Collector shall direct the patwari
  • to mark on the map of the estate the actual area sought to be partitioned
  • to show thereon the actual soil-classification
  • to prepare necessary abstracts from his khadra (field-book) and Khatauni (record of cultivators) and

Court when to make partition itself

Section 202                       

• In case of disagreement amongst parties
  • to make the partition themselves or to appoint arbitrators for the purpose
• the Collector shall decide
  • to make the partition himself

Revenue, a first charge on land and its produce

Section 224                       

• The revenue or rent assessed on every estate or holding
  • shall be the first charge on such estate or holding and on its rents, profits or produce

Processes for recovery of arrears

Section 228                       

• An arrear of revenue or rent may be recovered
  • by serving a writ of demand or a citation to appear on the defaulter
  • by attachment and sale of his movable property
  • by attachment of the specific area, share, patti or estate in respect of which the arrears is due
  • by transfer of such share or patti to a solvent co-sharer
  • by sale of other immovable property of the defaulter

Writ of demand and citation to appear

Section 229                       

• When an arrear of revenue or rent becomes due:
• a writ of demand
  • calling on the defaulter to pay the amount within a time therein stated or
• a citation
  • to appear on a date therein mentioned
• may issue

Attachment and sale of movable property

Section 230                       

• The Collector may attach and sell
  • movable property of the defaulter

Attachment of the Land

Section 231            

• The Collector may
  • in addition to or instead of any other process
• attach and take under his own management
  • any specific area, patti or estate in respect of which an arrear is due

Transfer of defaulter’s share

Section 234                       

• When arrear is due in respect of a share or patti or estate:
• Collector may
  • in addition to or instead of any process hereinafter specified
• transfer such share or patti
  • for a term not exceeding  ten years 
• to any co-sharer of the estate other than the estate-holder
  • on condition of his paying the arrear

Sale of defaulter’s specific area, patti or estate

Section 235                       

• When the Collector is of opinion
  • that the other processes hereinafter specified  are not sufficient for recovery of an arrear
• he may in addition to or instead of any such other process
  • sell by auction the specific area, patti or estate in respect of which such arrear is due

Action against interest of defaulter in other property

Section 237            

• If an arrear cannot be recovered by the above processes and
• the defaulter has any interest
  • in any other estate or any share in any other immovable property
• the Collector may proceed against such estate or share or other immovable property
  • as if it were the land on account of which revenue or rent is due

Jurisdiction of civil courts excluded

Section 259                       

• No suit or other proceedings
  • shall lie or be instituted in any civil court with respect to any matter arising under this Act
• If a question of title is involved 
  • in a boundary dispute or other dispute between estate-holders
• a civil suit may be brought for adjudication of such question

RAJASTHAN      TENANCY    ACT     1955

• This Act received
  • the assent of the President
• This is an Act
  • to consolidate and amend the law relating to tenancies of agricultural lands and
  • to provide for certain measures of land reforms

Section 5                 Definitions

• “Agricultural year” shall mean
  • the year
  • commencing on first July and
  • ending on thirtieth June next

• “Agriculture” shall include
  • horticulture, cattle breeding, dairy farming, poultry farming and forestry development

• “Agriculturist” shall mean
  • a person who by himself or by servants or tenants
  • earns his livelihood wholly or principally by agriculture

• “Biswedar” shall mean
  • a person
  • on whom a village or portion is settled on Biswedari system and
  • who is recorded as Biswedar or as an owner in the record of rights

• “Crops” shall include
  • shrubs, bushes, plants and climbers such as rose bushes, mehandi bushes, plantains and papittas
• but shall not include
  • fodder and natural produce

• “Estate” shall mean
  • Jagir land or interest in Jagir land held by a Jagirdar
• shall include
  • land or interest in land held by a Biswedar or a Zamindar or a land owner

• “Estate holder” shall mean
  • holder for the time being of an estate
  • that is to say, a Jagirdar, a Biswedar or a Zamindar or a Land owner

• “Fragment” shall mean
  • a piece of land less in area than the minimum prescribed by State Govt

• “Grove-land” shall mean
  • any specific piece of land
  • having trees planted in such numbers
  • that they preclude such land from being used primarily for any other agricultural purpose
• The trees so planted
  • shall constitute a grove

• “Holding” shall mean
  • a parcel or parcels of land
  • held under one lease, engagement or
  • held under one tenure, in absence of such lease, engagement or grant
• shall include
  • the ijara or theka area: in case of an Ijaradar or Thekadar

• “Ijara or Theka” shall mean
  • a farm or lease granted for collection of rent
• The area to which an Ijara or Theka relates
  • shall be called the “Ijara or Theka area”
• An “Ijaradar” or “Thekadar” shall mean
  • the person to whom an Ijara or Theka is granted

• “Improvement” shall mean
  • with reference to a tenant’s holding

(a)

• a dwelling house
  • erected on the holding by the tenant
  • for his own occupation or
• a cattle-shed or a storehouse or other construction for agricultural purposes
  • erected or set up by him on his holding

(b)

• any work
  • which adds materially to the value of the holding and
  • which is consistent with the purpose for which it was let
• shall include
  • construction of bunds, tanks, wells, water channels and other work for storage, supply or distribution of water for agricultural purposes
  • construction of works for drainage of land
    • for its protection from floods or from erosion or from other damage by water
  • reclaiming, clearing, enclosing, levelling or terracing of land
  • erection in the immediate vicinity of the holding
    • of building required for convenient or profitable use or occupation of the holding
  • renewal or reconstruction of any of the foregoing works or such alteration therein or additions thereto as are not of the nature of mere repairs
• but shall not include
  • such temporary wells, water channels, bunds, enclosures or other works
  • as are made by tenants in the ordinary course of cultivation

• “Khudkasht” shall mean
  • land cultivated personally by an estate holder
• shall include
  • land recorded as Khudkasht, Sir, Havala, Niji-jot, Gharkhed in settlement records at commencement of this Act and
  • land allotted after such commencement as Khudkasht under any law

• “land” shall mean
  • land which is let or held for agricultural purposes or
  • for purposes subservient thereto or
  • as grove land or
  • for pasturage
• including
  • land occupied by houses or
  • enclosures situated on a holding or
  • land covered with water which may be used for irrigation or growing singhara or other similar produce
• but excluding
  • abadi land
• It shall include
  • benefits to arise out of land and
  • things attached to the earth or permanently fastened to anything attached to earth

• “land cultivated personally“  shall mean
• land cultivated on one’s own account
  • by one’s own labour or
  • by the labour of any member of one’s family or
  • by hired labour or by servants on wages payable in cash or in kind but not by way of a share in crop: under personal supervision of oneself or any member of one’s family

• Land Owner shall mean
  • Ruler of a Covenanting State in Rajasthan
  • holding an estate in accordance with Settlement of his personal or private properties
  • made in pursuance of the covenant and finally approved by Central Govt

• “land-holder” shall mean
  • the person to whom rent is payable or
  • but for a contract, would be payable
• shall include
  • an estate-holder
  • a grantee at a favourable rate of rent
  • tenant-in chief who has sublet or his mortgagee: in case of a sub-lease
  • ijaradar or thekadar, for Chapters IX and X
  • generally every person who is a superior holder, in relation to persons holding directly from or under him

• “Landless person” shall mean
• an agriculturist by profession
  • who cultivates or can reasonably be expected to cultivate land personally
• but
  • who does not hold any land, in his own name or in the name of any member of his joint family or
  • holds a fragment

• “Occupied land” shall mean
  • land which has been let out to and
  • is in occupation of a tenant
• shall include
  • khudkasht 

• “Pasture land” shall mean
• land
  • used for grazing of the cattle of a village or
  • recorded in settlement records as such at commencement of this Act or
  • thereafter reserved as such in accordance with rules framed by State Govt

• “Rent” shall mean
  • whatever is in cash or in kind or partly in cash and partly in kind
  • payable on account of the use or the occupation of land or on account of any right in land
• shall include
  • sayer, unless the contrary intention appears

• “Revenue” shall mean
• land revenue
  • that is to say, the annual demand payable directly to State Govt on any account whatsoever
  • in respect of land or of any interest in land or use of land
• shall include
  • assigned land revenue

• “Tenant” shall mean
  • the person by whom rent is payable or but for a contract, would be payable
• shall include
  • a co-tenant
  • a grove-holder
  • a village servant
  • a tenant holding from a land owner
  • a tenant of Khudkasht
  • a mortgagee of tenancy rights
  • a sub-tenant
• but shall not include
  • a grantee at a favourable rate of rent or an ijaredar or thekadar or a trespasser

• “Trespasser” shall mean
• a person
  • who takes or retains possession of land without authority or
  • who prevents another person from occupying land duly let out to him

• “Nalbat” shall mean
  • a payment in cash or in kind
  • to the owner of a well by some person
  • for using that well for irrigation

Section 7                    Applicability of the Act to State Govt

• In respect of land held by tenants directly from State Govt:
• provisions of this Act shall apply
  • as if State Govt were the land holder acting through the Tehsildar

Section 9                    Khudkasht right

• ‘Khudkasht right’ means
  • rights conferred on holders of Khudkasht

Section 10                  Succession and transfer

• Khudkasht right shall evolve
  • upon the person who succeeds to the estate of an estate holder

• Khudkasht right is not transferable
• except
  • by exchange or by partition of the Khudkasht or
  • by gift for the purpose of maintenance

Section 11                   Restriction on letting of Khudkasht

• No Khudkasht shall be let
  • except as provided in sections 45 and 46

Section 12                  Extinction of Khudkasht right

• Land shall cease to be Khudkasht
  • upon failure of successor to the holder t or
  • upon transfer in contravention of Section 10(2) or
  • when it is let in contravention of section 11  or
  • when Khatedari rights accrue therein to any person other than the Khudkasht holder or
  • upon the holder of Khudkasht becoming a Khatedar tenant u/s 13

• Where land is transferred in contravention of section 13(2):
• the transferee shall become
  • a Khatedar tenant thereof

CHAPTER   III       

Classes   of   Tenants

Section 14                  Classes of tenants

• There shall be the following classes of tenants:
  • Khatedar tenants
  • Maliks
  • Tenants of Khudkasht
  • Gair Khatedar tenants

Section 15                  Khatedar tenants

• Every person
  • who, at commencement of this Act, is a tenant of land otherwise than as a sub-tenant or a tenant of Khudkasht or
  • who is, after commencement of this Act, admitted as a tenant otherwise than a sub-tenant or tenant of Khudkasht or an allottee of land under Rajasthan Land Revenue Act 1956 or
  • who acquires Khatedari rights under this Act or any other law
• shall be
  • a Khatedar tenant and
  • entitled to all rights and be subject to all liabilities of Khatedar tenants

Section 15A               No Khatedari rights in Indira Gandhi Canal Area

• land in Indira Gandhi Canal area leased out on any terms whatever
  • shall be deemed to have been let out temporarily and
• no Khatedari rights shall accrue
  • in any such land so leased out

Section 15AA             No Khatedari rights in Chambal Project Area

• no Khatedari rights
  •  shall be deemed ever to have accrued
  • to persons holding land in Chambal Irrigation Project area

Section 15AAA                      Khatedari Rights in Indira Gandhi Canal area

• any person who at commencement of this Act
  • was a holder of Khudkasht or an occupancy tenant or a Maurusidar or a Khatedar tenant or a tenant with transferable and heritable rights
  • whether recorded as such in the annual registers or not
• shall be
  • entitled to all rights and subject to all liabilities of a Khatedar tenant

Section 16                  Land in which Khatedari rights shall not accrue

•  Khatedari rights shall not accrue in
  • pasture land
  • land used for casual or occasional cultivation in the bed of river or tank
  • land covered by water and used for growing Singhara or other like produce
  • land under shifting or unstable cultivation
  • land comprised in gardens owned and maintained by State Govt
  • land acquired or held for a public purpose or a work of public utility
  • land situated within cantonments
  • land included within railway or canal boundaries
  • land within boundaries of any Govt forest
  • land held by educational institutions for instruction in agriculture or for play- ground
  • land within a Govt agricultural or grass farm
  • land which has been set apart for flow of water thereon into any reservoir or tanka for drinking water

Section 16A               Tenants of Khudkasht

• Every person
  • to whom Khudkasht has been let out lawfully by an estate holder
• shall be the tenant of such Khudkasht
• Upon the estate holder
  • becoming a Khatedar tenant of his Khudkasht land u/s 13
• the tenant of such Khudkasht
  • shall become a sub-tenant holding under and from such Khatedar tenant

Section 17                  Ghair Khatedari tenant

• Every tenant of land other than
  • a Khatedar tenant
  • a tenant of Khudkasht or
  • sub-tenant
• shall be a Gair Khatedar tenant

Section 17A                Maliks

• Every Zamindar or Biswedar
  • whose estate is vested in State Govt under Rajasthan Zamindari and Biswedari Abolition Act
• shall be a Malik
  • in respect of any Khudkasht land in his occupation

Devolution, Transfer, Exchange and Division

Section 38                 Interest of tenants

• Save as Provided in this Act:
• interest of a tenant in his holding
  • is heritable
  • but not transferable

Section 39                 Bequest

• A Khatedar tenant
  • may bequeath his interest in the holding or part by will
  • in accordance with the personal law to which he is subject

Section 40                 Succession to tenants

• When a tenant dies intestate:
• his interest in his holding shall devolve
  • in accordance with his personal law 

Section 41                  Transferability of Khatedar’s interest

• Interest of a Khatedar tenant
  • shall be transferable otherwise than by way of sub-lease
  • subject to the conditions in sections 42 and 43

Section 42                 General restrictions on sale, gift and bequest

• Sale, gift or bequest by a Khatedar tenant
  • of his interest in the whole or part of his holding
• shall be void if
• such sale, gift or bequest
  • is by a member of a Scheduled Caste
    • in favour of a person who is not a member of a Scheduled Caste or
  • by a member of a Scheduled Tribe
    • in favour of a person who in not a member of a Scheduled Tribe
• such sale, gift or bequest
  •  is by a member of the Saharia Scheduled Tribe
    • in favour of a person who is not a member of the said Saharia tribe

Section 43(1)             Mortgage

• A Khatedar tenant or a Gair Khatedar tenant, with permission of State Govt
  • may hypothecate or mortgage his interest in his holding or part
  • for obtaining loan from State Govt or Land Development Bank or a Co-operative Society or a Scheduled Bank or any other notified institution

Section 43(2)

• A Khatedar tenant
  • may transfer his interest in his holding or part
  • in the form of usufructuary mortgage to any person
• but such mortgage must provide that
  • the mortgage amount shall be deemed to be paid off by the usufruct of the property
  • within a specified time not exceeding five years
• The mortgage shall be deemed to be for five years
  • in the absence of such period being specified

• On or after publication of the Rajasthan Tenancy (Amendment) Act 1970:
• no Khatedar tenant
  • being a member of a scheduled caste or schedule tribe
• shall so transfer his rights in his holding
  • to any person who is not a member of a scheduled caste or a scheduled tribe

Section 43(3)

• Upon expiry of the said period, a usufructuary mortgage
  • shall be deemed to have been satisfied in full without any payment whatsoever by the mortgagor
• The mortgage debt
  • shall be deemed to have been extinguished and the mortgaged land redeemed
• Possession of the mortgaged land
  • shall be delivered by the mortgagee to the mortgagor
  • free from all encumbrances

Section 43(4D)

• On redemption of mortgage:
•  the mortgagee
  • shall deliver to the mortgagor all documents in his possession or power and
  • shall re-transfer the property to the mortgagor and put him in possession free from the mortgage and from all encumbrances created by him
  • within three months from the date of redemption

Section 43(4E)

• Any mortgagee who fails without sufficient cause
  • to put the mortgagor in possession of the property within the said three months
• shall be punishable
  • with imprisonment upto one year or with fine upto Rs. 1000 or both

• The offence
  • shall be cognizable and bailable and
  • may be compounded by the mortgagor

Section 44                 Rights to let or sub-let

• A holder of Khudkasht
  • may let his holding or part and
• a tenant
  • may sublet it

Section 45                 Restrictions on letting and subletting

• No holder of Khudkasht shall let and no Khatedar tenant shall sub-let
  • for a term exceeding five years, at any one time

• A holder of Khudkasht may let or a Khatedar tenant may sub-let
  • for fifteen years, extendable to further fifteen years
  • for agricultural operations in connection with approved agro-processing and agri-business enterprises

• No Gair Khatedar tenant shall sub-let
  • for a term exceeding one year

• No sub-tenant or tenant of Khudkasht shall sub-let
  • except as provided in section 46

Section 46(1)             Letting or sub-letting in exceptional cases

• Restrictions imposed by Section 45
  • on letting by a holder of Khudkasht and on sub-letting by a tenant
• shall not apply to
  • a minor
  • a lunatic
  • an idiot
  • a woman who is unmarried or divorced or separated from her husband or is a widow
  • a person incapable of cultivating his holding by reason of blindness or other physical disability or infirmity
  • a member of the armed force of the Union
  • a person suffering detention or confinement in prison
  • a person not exceeding twenty-five years of age who is a student of a recognised institution

Section 46A               Letting by scheduled castes and scheduled tribes

• a member of a scheduled caste or a scheduled tribe
  • shall not let or sub-let u/s 44-46
  • to any person who is not a member of a scheduled caste or a scheduled tribe

Section 49(1)             Exchange for consolidation

• A Khatedar tenant
  • who wishes to consolidate the area which he cultivates
• may apply to the Assistant Collector
  • to exchange any portion of the land which he cultivates
  • for land cultivated by another Khatedar tenant

Section 49(2)

• the Assistant Collector may
  • grant such application and
  • allot to the other tenant land cultivated by the applicant
    • which is approximately equal in value to and is of same quality as the land received by the applicant

Section 49A               Exchange by scheduled castes or scheduled tribes

• A tenant who is a member of a scheduled caste or scheduled tribe
• shall not have the right
  • to exchange his holding for land included in the holding of a person
  • who is not a member of a scheduled caste or scheduled tribe

Section 53(2)            Division of Holding

• A division of a holding
  • shall be effected in the following manner:
• by agreement between the co-tenants
  • in respect of such division and
  • in respect of distribution of rent over the divided portions or
• by the decree or order of a competent court
  • passed in a suit by one or more of the co-tenants
  • for dividing the holding and distributing the rent

Section 63                 Tenancy when extinguished

• The interest of a tenant in his holding
  • shall be extinguished
• when
  • he dies leaving no heir entitled to inherit or
  • he surrenders or abandons it or
  • his land has been acquired or
  • he has been deprived of possession and his right to recover possession is barred by limitation or
  • he has been ejected or
  • he sells or makes a gift thereof
• if
  • he migrates from India to a foreign country
    • without obtaining a valid passport or without lawful authority or
  • the allotment of land is cancelled or the land is ordered to be resumed
    • under the Rajasthan Land Revenue Act 1956 or any other law

CHAPTER    VI        

Improvements

Section 66                 Improvements by Khatedar Tenants

• A Khatedar tenant
  • may make any improvement in his holding:
• State Govt may
  • restrict, in public interest, making of an improvement referred in section 5(19)(a) in notified areas and
  • make rules to regulate the making of any such improvement in areas not so notified
• No sanction shall be necessary
  • for construction of temporary structures

Section 71                  Restriction on making an improvement

• Nothing in this Chapter shall entitle
  • a tenant or a landholder not being the State Govt or a landowner
• to make any improvement on or detrimental to
  • any land which is not included in the holding to be benefited by such improvement
• unless
  • such tenant or landholder has obtained written consent of the landholder or of State Govt and
  • also of the tenant of any such land

CHAPTER   VII          

TREES

Section 79                  Tenant’s rights to plant trees

• A tenant may plant trees on his holding
  • provided that
  • such trees do not diminish the productive value of the land and
  • such tenant continues to pay the full rent

Section 79(2)

• If a tenant
  • plants or proposes to plant trees in such a way as to diminish the value of land not included in his holding
• any person whose interest is adversely effected thereby
  • may apply to the Tehsildar
  • for any order prohibiting the planting of trees on such land or
  • directing the tenant to remove trees already planted thereon and
• the Tehsildar may
  • either grant the application or reject it

Section 79A               Tenant’s right to plant trees on Govt land along public roads

• A tenant may plant trees
  • on Govt land alongside a public road adjoining his holding
  • whether agricultural or otherwise
  • subject to conditions prescribed by State Govt and
• such trees shall be the property of the tenant

Section 80                 Tenant’s right in existing trees

• scattered trees
  • standing on the holding of a Khatedar tenant at commencement of this Act
  • shall vest in such tenant

Section 84(2)                        When and by whom trees may be removed

•  A Khatedar tenant holding land below the ceiling area
  • may remove trees standing on his holding
  • for any purpose

Proviso:

• such tenant shall not remove trees
  • for a purpose other than his bonafide or agricultural use
  • except with permission of prescribed authority

• A Gair Khatedar tenant
  • may remove any trees standing on his holding
  • for his own domestic or agricultural use
  • with previous permission of Tehsildar

• A sub-tenant may remove any trees standing on his holding
  • for his own domestic or agricultural use
  • with previous permission of the person from whom he holds

• A Khatedar tenant holding land in excess of the ceiling area
  • desiring to remove any trees which vest in him or are in his possession
• may do so under a licence
  • to be granted by the Sub-Divisional Officer

Section 86                 Penalties for unlawful removal

• Whoever contravenes
  • any provision of section 83 or 84 or
  • any terms, conditions or restrictions of a licence granted thereunder
• shall be punishable by an Assistant Collector:
• in case of a first contravention:
  • where a tree has been removed
    • with fine upto 100 rupees for each tree that has been removed and
  • in other case
    • with fine upto 1000 rupees and
• in case of a second or subsequent contravention:
  • with fine
  • upto double the amount of fine imposable for the first contravention
• Any tree or timber
  • in respect of which such contravention shall have been committed
• may be forfeited to State Govt

CHAPTER  IX

Determination   and   Modification   of   Rent

Section 93                 Liability for payment of rent

• Every tenant shall be liable to pay rent
  • in accordance with provisions of this Act

Section 94                 Initial rent

• A tenant on being admitted to the occupation of land
  • is liable to pay such rent as may be agreed upon between him and his landholder

Section 96                 Maximum cash rent recoverable by Govt

• maximum amount recoverable as cash rent
  • from a tenant holding land directly from State Govt
  • shall not exceed:
• Where rent in respect of such land has been settled
  • the rent-rate sanctioned during the last settlement
• Where rent in respect of such land has not been settled
  • the rent-rate sanctioned during the last settlement for similar land in neighbourhood

Section 97                  Authority to prescribe maximum cash rents

• State Govt may prescribe
  • the maximum extent of cash rents that may be recovered
    • by an estate-holder from a tenant or by a tenant from a sub-tenant

Section 98                 Maximum rent where land revenue is settled

• In areas where
  • land revenue has been settled and rent is payable by tenants in cash
• maximum rent recoverable by an estate-holder
  • shall be prescribed by State Govt and
  • shall not be more that 3 times the amount of such land revenue

Section 99                 Maximum rent where rent has been settled

• In areas where
  • rent has been settled and sub-tenant pays rent in cash
• maximum rent
  • recoverable by a tenant from his sub-tenant
• shall be prescribed by State Govt
  • so that it does not exceed twice the amount payable by such tenant

Section 100               Higher maximum in certain cases

• the amount of cash rents payable
  • in respect of a holding in an urban area or
  • to a widow, a minor, a disabled person or
  • to a student who is below 25 years of age and is studying in a recognised institution
• may extend to
  • one and a half times of the maximum which may be prescribed u/s 98 and 99

Explanation

• ‘Urban area’ in this section means
  • an area consisting of Abadi as well as agricultural lands
  • within two miles of a town with population of not less that 15,000 persons

CHAPTER   X

Payment and Recovery of Rent

Section 130                Hypothecation of produce

• The produce of a holding
  • shall be deemed to be hypothecated for payment of rent

• Until demand for such rent has been satisfied:
• no other claim on such produce shall be enforced
  • by sale in execution of a decree of any civil or revenue court or otherwise

Section 133                Rent how payable

• A payment of money rent
  • may be made by the tenant to the landholder
  • either direct or by postal money order or
  • by a deposit in accordance with section 139

Section 139                Deposit of rent in the Court of Tehsildar

• A tenant
  • may make an application
  • for permission to deposit in the court of Tehsildar
  • an instalment in arrears on the date of such application
• Tehsildar
  • shall receive such deposit and grant a receipt therefor
• which shall operate
  • as an aquittance for the amount deposited

Section 140(2)

• Tehsildar may pay the amount of the deposit
  • to any person appearing to him to be entitled or
  • may retain such amount
    • if there is any doubt as to the person to whom the deposit should be paid
    • until such doubt is removed by order of a court of competent jurisdiction

Section 144(1)                       Right and liabilities in respect of produce

• When rent is based
  • on an estimate or appraisement of the standing crop
• the tenant shall be entitled
  • to exclusive possession of the crop

Section 144(2)

• When
  • rent is based on an estimate or appraisement of the crop after it has been cut or harvested or
  • it is payable by a division of the produce
• the tenant shall be entitled
  • to exclusive possession thereof
• but
  • shall not be entitled to remove any portion of the same from the threshing floor
  • at such time or in such manner as to prevent estimate or appraisement thereof at proper time

Section 144(4)

• If
  • tenant removes any portion of the crop or produce contrary to the above provision
• the crop or produce
  • may be deemed to have been equal
  • to the best crop of the same kind at that harvest
  • on similar land in the neighbourhood
  • for the purpose of making an award u/s 149

Section 145                Rent in kind: actual division of produce

• When rent is payable in kind as a share of the produce
• it shall ordinarily be recoverable
  • by an actual division of the produce

• if the tenant and the landholder agree:
• the quantity of produce payable as rent
  • may be determined by an appraisement of the standing crop of the produce on the threshing floor

CHAPTER   XI

Ejectment

Section 162                Arrear demand satisfied upon ejectment

• when a Khatedar tenant
  • is ejected from his holding
  • in execution of a decree or order for ejectment for non-payment of rent
• all arrears of rent due in respect of such holding
  • shall deemed to have been paid

Section 164                Compensation for improvement on ejectment

• If the tenant claims
  • compensation for any improvement made by him and
• a court ordering ejectment
  • shall assess the amount of compensation due to the tenant on account of such improvement

Section 165                Payment of compensation

• If
  • the compensation so determined
  • exceeds the amount recoverable from the tenant as arrears of rent
• the decree or order for ejectment
  • shall be conditional on payment of the balance due to the tenant
  • within such time as the court may direct

Section 165 (2)

• If
  • the compensation does not exceed the amount recoverable from the tenant
• any claim for compensation
  • shall be deemed to have been satisfied on his ejectment

Section 166                Right to crops and trees on ejectment

• If
  • on the date of delivery of possession in pursuance of a decree or order for ejectment
• there exist on the holding
  • any un-gathered crops or any trees vested in the tenant
• the court executing the decree or order
  • shall determine the value of such crops or trees and
  • proceed in the following manner:

(a)

• If
  • after deducting the compensation assessed u/s 164
  • the amount due from the tenant is equal to or greater than the value of such crops or trees
• the court shall deliver
  • possession of the holding to the landholder and
• all rights of the tenant in such crops or trees
  • shall pass to the landholder

(b)

• If
  • after deducting the compensation assessed u/s 164
  • the amount due from the tenant is less than the value of such crops or trees and

(i)

• the landholder pays
  • the difference between such amount and such value to the tenant
• the court shall deliver
  • possession of the holding to the landholder and
• all rights of the tenant in such crops or trees
  • shall pass to the landholder or

(ii)

• the landholder does not pay such difference

(a)

• where
  • such value relates only to trees vested in the tenant or to such trees as well as un-gathered crops
• the tenant
  • shall not be liable to ejectment
• until
  • his claim for such value has been satisfied and

(b)

• where
  • such value relates only to un-gathered crops
• the court shall deliver
  • possession of the holding to the landholder
• but the tenant shall have the right
  • of tending, gathering and removing such crops
  • paying such compensation for the use and occupation of the land as the court may fix

Section 168                No ejectment from residential houses

• No tenant shall be liable to ejectment
  • from his residential house in village
  • other than a house erected as an improvement u/s 66
• merely because
  • he has been ejected from his holding in that village

Section 169                Notice for payment of arrears

• Whenever rent due from a tenant
  • is in arrear for two years or longer
• Tehsildar  may issue a notice to such tenant
  • calling upon him within 30 days of service of notice
  • to pay the amount of the arrear or
  • to appear and admit or contest the same

CHAPTER  XV

Procedure and Jurisdiction of Revenue Courts

Section 207(1)                       Suits cognizable by revenue court only

• All suits and applications
  • of the nature specified in Third Schedule
• shall be heard and determined
  • by a revenue court

Section 207(2)

• No court other than a revenue court
  • shall take cognizance of any such suit or application

Section 213(1)                       Sale of Khatedar tenant’s interest in execution  

• Subject to section 42:
• interest of a Khatedar tenant in his holding 
  • may be sold in execution of a decree for arrears of rent of such holding and

Section 217

• a Tehsildar  
  • shall have power to dispose of only those suits or applications
  • in which State Govt is not a party and
  • in which value of subject matter does not exceed 300 rupees or such other maximum limit as State Govt may direct

Section 218                Inherent powers of revenue courts

• a Collector
  • shall have all powers of
  • a Sub-Divisional Officer, an Assistant Collector and a Tehsildar  
• a Sub-Divisional officer
  • shall have all the powers of
  • an Assistant Collector and a Tehsildar  

Section 221                Subordination of revenue courts

• General superintendence and control
  • over all revenue courts
  • shall be vested in the Board
• All such Courts
  • shall be subordinate to the Board

Section 223               Appeals from original decrees

• An appeal shall lie from an original decree
  • to the Collector, if such decree is passed by a Tehsildar  and
  • to the Revenue Appellate Authority, if such decree is passed by an Assistant Collector, a Sub-Divisional Officer or a Collector

Section 224               Appeals from appellate decrees

• An appeal shall lie
  • to the revenue appellate authority
  • from a decree passed in appeal by a Collector

• An appeal shall lie to the Board
  • from a decree passed in appeal by a revenue appellate authority

Section 225(1)                       Appeal from orders

• An appeal shall lie
  • from the final order passed on an application as specified in Third Schedule and
  • from such other orders as are mentioned in section 212 and
  • from orders mentioned in section 104 CPC
• to the Collector
  • if such order is passed by a Tehsildar  
• to the Revenue Appellate Authority
  • if such order is passed by an Assistant Collector, a Sub-Divisional Officer or a Collector and
• to the Board
  • if such order is passed by a Revenue Appellate Authority

Section 225(2)

• No appeal shall lie
  • from any order passed in appeal under this section

Section 228               Limitation for appeals

• No appeal to the Collector shall be brought
  • after expiration of 30 days from the date of the decree or order

• No appeal to the revenue appellate authority shall be brought
  • after expiration of 60 days from the date of the decree or order
    
    
• No appeal to the Board  shall be brought
  • after expiration of 90 days from the date of the decree or order

Section 229               Power of review by revenue courts

• the Board
  • may review and
  • may rescind, alter or confirm any decree or order made by itself or by any of its members of its own motion or on application of a party

Section 229(2)

• Every revenue court other than the Board shall be competent
  • to review any decree, order or judgment passed by such court

Section 232               Power to call for record and refer to the Board

• The Collector
  • may call for and examine the record of any case or proceedings
  • decided by or pending before any revenue court subordinate to him
  • for satisfying himself
    • as to the legality or propriety of the order or decree passed and
    • as to the regularity of the proceedings  and
• if he is of opinion
  • that the order or decree passed or the proceeding taken by such court
  • should be varied, cancelled or reversed
• he shall refer the case with his opinion
  • for orders of the Board
  • who shall pass such order as it thinks fit

Section 239               Procedure when plea of proprietary right raised

• If
  • in any suit or proceeding in a revenue court
  • a question of proprietary right in respect of land forming the subject matter of such suit or proceeding is raised and
• the revenue court
  • shall frame an issue on the question of proprietary right and
  • submit the record to the competent civil court for decision of that issue only

Section 242(1)                       Plea of tenancy rights raised in Civil Courts

• If
  • in any suit relating to agricultural land instituted in a civil court
  • any question regarding tenancy rights arises and
• the civil court shall
  • frame an issue on the plea of tenancy and
  • submit record to appropriate revenue court for decision of that issue only

Section 251(1)                       Rights of way and other private easements

• In the event of
  • any holder of land in actual enjoyment of a right of way or other easement or right
  • having been disturbed in such enjoyment otherwise than in due course of law
• the Tehsildar  may
  • order the disturbance to be removed or stopped and
  • the applicant-holder to be restored to such enjoyment

Section 251(2)

• No order passed under this section
  • shall debar any person from establishing such right or easement
  • as he may claim by a regular suit in a competent civil court

Section 251A(1)                     Laying of underground pipeline or opening a new way

• Where a tenant intends
  • to lay an underground pipeline through the holding of another khatedar
  • for the purpose of irrigation of his holding or
• a tenant intends
  • to have a new way or widening of an existing way through the holding of another khatedar
  • to have access to his holding and
• the matter is not settled
  • by mutual agreement
• the tenant
  • may apply for such facility to the Sub-Divisional Officer and
• if satisfied
  • that the necessity is absolute necessity and it is not for mere convenient enjoyment of holding and
  • that absence of alternative means of access is proved: particularly in case of a new way through another khatedar’s holding

• Sub-Divisional Officer may allow the applicant
  • to lay pipeline at least three feet beneath the surface of the land
    • along the line demarcated by the tenant who holds that land or
  • to have a new way not wider than thirty feet
    • through the land on such track as pointed out by the tenant who holds that land and
    • through the shortest or nearest route if no such track is pointed out
  • to widen the existing way, not exceeding thirty feet
• on payment of such compensation
  • as determined by the SDO in prescribed manner
• to the tenant who holds the land through which
  • the right to lay pipeline or to have a new way or to widen an existing way is granted

Section 251A(2)

• Where
  • a right to have a new way or widen an existing way is so granted
• tenancy in respect of land comprising such way
  • shall be deemed to have been extinguished and
• the land shall be recorded
  • as rasta in revenue records

Section 256               Bar to jurisdiction of Civil courts

• No suit or proceeding shall lie in any civil court
  • with respect to any matter arising under this Act
  • for which a remedy by way of suit, application, appeal or otherwise is provided therein

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