Land Revenue Act (Rajasthan) One Liner Notes

Land Revenue Act (Rajasthan) One Liner Notes

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RAJASTHAN LAND REVENUE ACT 1956

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CHAPTER I

PRELIMINARY

Section 1 of the Rajasthan Land Revenue Act, 1956, deals with:

Short title, extent, and commencement

The Rajasthan Land Revenue Act, 1956, extends to:

Entire Rajasthan

What is the Act No. of the Rajasthan Land Revenue Act, 1956?

Act no. 15 of 1956

Which Indian state is governed by the Rajasthan Land Revenue Act, 1956?

Rajasthan

Who has the authority to bring the Act into force through notification?

State Government of Rajasthan

Section 2 of the Rajasthan Land Revenue Act, 1956 deals with

Enactments not affected by Act

Nothing in this Act shall be construed so as in any way of affect or restrict the operation of the provisions of

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the Rajasthan Land Summary Settlement Act, 1953

the Rajasthan Tenancy Act, 1955

the Rajasthan Panchayat Act, 1953

Section 3 (i) defines

Land Records Officer

“Land Records Officer” shall mean

the collector and shall include Additional or Assistant Land Records Officer

Section 3 (ia) defines

Municipality

“Municipality” shall have the meaning assigned to it

by the Rajasthan Town Municipalities Act, 1951

Section 3 (ib) defines

Nazul Land

“Nazul Land” shall mean abadi land within the limits of a

municipality or a panchayat circle or a village, town or city, vesting in the State Government

Section 3 (ic) defines

Panchayat circle

“Panchayat circle” shall have the meaning assigned to it by

the Rajasthan Panchayat Act, 1953

Section 3 (ii) defines

Prescribed

Section 3 (iii) defines

Recognised Agent

“Recognised Agent” of a party shall, mean

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a person authorised in writing by such party to make appearances and applications and to do other acts on his behalf

Section 3 (iiia) defines

Revenue Appellate Authority

Section 3 (iv) defines

Settlement Officer

“Settlement Officer” shall include

an Assistant Settlement Officer

Section 3 (v) defines

Village

“Village” shall mean

the tract of land which has been recognised and recorded, or may hereafter be recognised & recorded to be a village

Section 3 (vi) defines

Reference

“Reference” to an officer appointed under this Act shall be construed to include

references to an additional officer of the same grade likewise appointed

Section 3 (vii) defines

Words and expressions

“Words and expressions” defined in

the Rajasthan Tenanacy Act, 1955

Section 3 (viii) defines

Words & expressions used to denote

“Words & expressions used to denote” the possessor of any right, title and interest shall be deemed to

include the predecessors and successors in right, title or interest of such person

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CHAPTER II

THE BOARD OF REVENUE

Which provision deal with “Establishment and Composition of Board “?

Sec.4

There shall be established for the State of Rajasthan?

A Board of Revenue here in after referred as the Board.

Who all are the Board shall consist of?

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Chairman,

and not less than three and not more than twenty other members

Who prescribe the qualifications of persons who shall be eligible for appointment as Chairman and member of the Board, the method of their selection for appointment and the condition of their service?

The State Government

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When the Constitution of the Board shall not be deemed to be invalid?

if any vacancy occurs on account of the death, resignation, expiry or termination of the appointment or temporary absence of the Chairman or any member

Which provision deal with “Tenure of Members”?

Sec.5

All members of the Board shall hold office during the pleasure of?

Governor

Which provision deal with “Place of Sitting”?

Sec.6

Where the headquarters of the Board of Revenue shall be at?

Ajmer

On whose order subject to the general or special orders of, it shall be lawful for the Board to sit at any place within its jurisdiction?

the State government

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Which provision deal with “Ministerial Officers”?

Sec.7

Who may be appointed for the Board, as may be necessary for the exercise and performance of the powers conferred and duties imposed on it by the Act or by or under any other enactment, rule or order for the time being in force?

a registrar and such other ministerial officers

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On whose order the Registrar and other officers appointed shall, subject to general or special orders of, exercise such powers and discharge such functions as the Board may direct?

the State Government

 

Which provision deal with “Powers of the Board”?

Sec.8

Who shall be the highest revenue court of appeal, revision and reference in Rajasthan?

the Board

Whose decision shall be final and binding on all civil and revenue courts the State including the Board in all matters where there is a doubt or dispute involving the determination of the jurisdiction of a civil or a revenue court?

The High Court

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In addition to the powers who shall exercise such other powers and perform such other duties as may from time to time entrusted to it by the Government?

the Board

Which provision deals with “General Superintendence of Subordinate Revenue Courts”?

Sec.9

The general superintendence and control over all revenue courts shall be versed in, and all such courts and officers shall be subordinate to?

the Board

 

Which provision deal with “Jurisdiction of Board how exercised”?

Sec.10

How the jurisdiction of the Board may be exercised?

 

a.       by the Chairman or any other member of the Board, sitting singly, or

b.       by a Bench of the Board, consisting of two or more members

Within how many months a party aggrieved by a decision of a single member shall have the right to make a special appeal to a bench consisting of two or more members of the Board?

one month from the date of the decision of the single member

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Who may distribute the business of the Board & make such territorial or other divisions of its jurisdiction?

the Chairman

Every order made or act done or in accordance with the distribution or division made, shall be deemed to be the order or act, as the case may be?

of the Board

 

Which provision deal with “Power to refer to a Bench”?

Sec.11

Who for reasons to be recorded in writing, refer any question of law or custom having the force of law or of the construction of any document arising before him in such case or proceeding, for the opinion of Bench, and the case or proceeding shall be disposed of in accordance with such opinion?

Chairman or any other member of the Board

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Which provision deal with “Power to refer question to High Court “?

Sec.12

If any case it appears to a Bench that any question is of public importance and that it is expedient to obtain the opinion of the High Court thereon, who may refer the question to that Court?

The Bench

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Which provision deal with “Decision in case of difference of opinion”?

Sec.13

Where a case is heard by a Bench of the Board, the decision of such case shall be in accordance with the opinions of?

 

The majority of the members who hear it

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Which provision deal with “Registers etc. to be kept”?

Sec.14

Who shall cause to be kept and maintained such registers, books and accounts as may be prescribed or as may be necessary for the transaction of its business?

The Board

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CHAPTER III

REVENUE COURTS AND OFFICERS

A - TERRITORIAL DIVISIONS

Which provision deal with “Territorial Divisions”?

Sec.15

For the purpose of the revenue and general administration of the State, the whole of the State shall consist of as many division and districts as?

the State Government may deem fit

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Every division shall for like purpose be a district or consist of more than one district as?

the State Government may determine

The State Government may divide any district into as many sub-divisions as it may deem fit, each such division to consist of?

a tehsil or of more than one tehsil

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Who may sub-divide any tehsil into as many sub-tehsils as it may deem fit?

The State Government

Which provision deal with “Power to create, abolish or alter divisions etc.”?

Sec.16

Who by notification in the official Gazette-

a.       create new or abolish existing divisions districts, sub-divisions, tehsils and sub- tehsils, villages, and

b.       alter the limits of any of them?

The State Government

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B – COURTS AND OFFICERS

Which provision deals with “Commissioners and Additional Commissioners”?

Sec.17

Who shall appoint in each division a Commissioner and may appoint as may Additional Commissioners as may be necessary in a division or in two or more divisions or parts thereof combined?

The State Government

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Which provision deal with “Settlement Commissioner and Additional Settlement Commissioner”?

Sec.18

Who shall appoint for the whole of the State a Settlement Commissioner and may appoint as many Additional Settlement Commissioners as it may considers necessary?

The State Government

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Which provision deal with “Director and Additional Directors of Land Records”?

Sec.19

Who shall appoint for the State, a Director of Land Records and may appoint as many Additional and Assistant Directors of Land Records as it may consider necessary?

The State Government

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Which provision deal with “Appoint of other Officers”?

Sec.20

The State Government shall appoint?

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         I.       a Collector in each district, who shall also be the Land Records Officer for the district, and

          II.       a Tehsildar in each tehsil

The State Government may appoint?

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         I.       an Additional Land Record Officer to a district,

          II.       a Settlement Officer to a district,

III.       as many Assistant Collectors to a district as it thinks fit, and

IV.       as many Naib-tehsildars to to a Tehsil

The State Government shall place?

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  I.       as Assistant Collector in charge of one or more sub-divisions of a district,

 II.       a Tehsildar or a Naib-Tehsildar in charge of one or more sub-tehsils of a tehsil

The State Government may appoint?

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              I.         an Additional Collector in district or in two or more districts combined, and

            II.         an Additional Tehsildar in a tehsil or in two or more tehsils combined

Which provision deal with “Revenue Appellate Authority”?

Sec 20-A

The State Government may appoint how many number of officers, as may be found necessary to receive, hear and dispose of appeals, revisions and references in revenue judicial cases and other matters specifically provided for by law?

not being less than three

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Every officer so appointed shall be designated as and shall, for exercise of his jurisdiction and the performance of his duties, sit at such place or places as the State Government may from time to time direct?

Revenue Appellate Authority

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Which provision deal with “Appointment ex-officio”?

Sec.21

Any appointment under Section 17 or Section 18 or Section 19 or Section 20 or Section 20-A may be made by?

virtue of office.

Which provision deal with “Notification of appointment”?

Sec.22

All appointments made under Section 17 to 21 shall be notified in the official Gazette, provided that it shall not be necessary so to notify the appointments of?

Naib-Tehsildars

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C- POWERS

Which provision deal with “Controlling Power”?

 

Sec.23

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The control of all non-judicial matters connected with revenue in the State, other than matter connected with settlement, is vested in the State Government and the control of all judicial matters and of all matters connected with settlement is vested in?

the Board

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Which provision deal with “Subordination of Revenue Courts and Officers”?

Sec.24

All addl. Commissioners, Collectors, Addl. Collectors, Sub-Divisional Officers, Asstt. Collectors, Tehsildars, Addl. Tehsildars and Naib-Tehsildars in a division shall be subordinate to?

the Commissioner of such division

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All addl. Collectors, Sub-Divisional Officers, Asstt. Collectors, Tehsildars, Addl. Tehsildars and Naib-Tehsildars in a district shall be subordinate to?

the Collector of such district

 

All Tehsildars, Addl. Tehsildars and Naib-Tehsildars in a sub-division shall be subordinate to?

the Sub-Divisional Officer of such sub-division

 

All Addl. Tehsildars and Naib-Tehsildars in a Tehsil shall be subordinate to?

the Tehsildar of such Tehsil

All Additional Settlement Commissioners, Collectors, Additional Collectors, Settlement Officers, Tehsildars, Additional Tehsildars and Naib-Tehsildars shall be subordinate?

to the Settlement Commissioner

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All Tehsildars, Additional Tehsildars and Naib-Tehsildars in a Tehsil shall be subordinate to

the Settlement Officer exercising jurisdiction in such Tehsil;

All Additional and Assistant Directors of Land Records Collectors, Additional Collectors, Land Records Officers, Tehsildars, Additional Tehsildars and Naib- Tehsildars shall be subordinate to

the Director of Land Records

 

All Tehsildars, Additional Tehsildars and Naib-Tehsildars in a Tehsil shall be subordinate to

the Land Records Officer exercising jurisdiction in such Tehsil

All Officers specially appointed for any Local area under Chapter VII shall subordinate to

the Land Records Officer, or under Chapter VIII to the Settlement Officer, for such area

Section 25 of the Rajasthan Land Revenue Act, 1956, deals with:

The powers and duties of courts and officers in land revenue matters

Who shall respectively within his division or district or sub-division or tehsil, exercise all the powers and discharge all the duties conferred and imposed on him by or under this Act or the Rajasthan Tenancy Act, 1955?

Commissioner or a Collector or a Collector or a Sub-Divisional Officer or a Tehsildar

Who shall be incharge of all matters related to settlement throughout the State and shall in respect thereof exercise such powers and discharge such duties as are conferred and imposed on him by or under this Act or any other law for the time being in force?

The Settlement Commissioner

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Who shall be incharge of all matters relating to survey and the preparation, revision and maintenance of land records throught out the State?

The Director of Land Records

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Who shall, within the area for which he is appointed exercise such powers and perform such duties as are conferred and imposed on him by or under this Act or any other law for the time being in force?

A Land Records Officer or an officer appointed under Chapter VII

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Section 26 of the Rajasthan Land Revenue Act, 1956, deals with:

The additional powers of courts and officers in land revenue matters

The State Government may, by notification in the official Gazette confer on a Naib-Tehsildar

all or any of the powers of a Tehsildar

The State Government may, by notification in the official Gazette confer on a Tehsildar

all or any of the powers of an Assistant Collector

The State Government may, by notification in the official Gazette confer on an Assistant Collector, all or any of the powers of

a Sub-Divisional Officer or a Land Records Officer or a Settlement Officer or a Collector

 

The State Government may, by notification in the official Gazette confer on a Sub-Divisional Officer

all or any of the powers of Land Records Officer or a Settlement Officer or a Collector

The State Government may, by notification in the official Gazette confer on a Land Records Officer or a Settlement Officer all or any of the powers of

a Sub- Divisional Officer or an Assistant Collector or a Collector

The State Government may, by notification in the official Gazette confer on a Collector, all or any of the powers of

Settlement Officer

The State Government may, by notification in the official Gazette confer on a commissioner, all or any of the powers of

the Settlement Commissioner or the Director of Land Records

The State Government may, by notification in the official Gazette confer on the Settlement Commissioner, all or any of

the powers of the Director of Land Records

Section 27 of the Rajasthan Land Revenue Act, 1956, deals with:

The inherent powers of courts and officers

A Commissioner shall, on being conferred powers under clause (g) of S. 26, have all the powers of

a Land Records Officer and the officers subordinate to the Land Records Officers

Revenue Appellate Authority shall have all the powers of

a Collector, a Sub Divisional Officer, an Assistant Collector, and a Tehsildar

A Collector shall have all the 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

An Assistant Collector shall have all the powers of

a Tehsildar and a Naib-Tehsildar

Tehsildar shall have all the powers

of a Naib-Tehsildar

Land Records Officer or a Settlement Officer shall have all the powers of a

 

Tehsildar or a Naib-Tehsildar or an officer appointed under Chapter VII or Chapter VIII

Section 28 of the Rajasthan Land Revenue Act, 1956, deals with:

Officers temporarily succeeding to permanent vacancies

Whenever in consequence of the office of a commissioner, or a Collector or a Sub-Divisional Officer or a Tehsildar becoming permanently vacant, any officer succeeds temporarily to the chief executive administration of the division district, sub-division or Tehsil, as the case may be,

such officer shall, pending the order of the State Government, exercise all the powers and perform all the duties conferred and imposed on a Commissioner, a Collector of a Sub- Divisional Officer or a Tehsildar by or under any law for the time being in force in the State

Section 29 of the Rajasthan Land Revenue Act, 1956, deals with:

The temporary absence of officers

Where an officer is temporarily absent from his duties any other officer of equal grade functioning at his headquarters or, if there be no officer of an equal grade there any other officer of a superior grade so functioning or, if there be no such superior officer, any other officer of an inferior grade so functioning shall, without relinquishing the ordinary duty,

assume charge of the office of the absentee officer and shall continue in charge thereof until the office is assumed by another officer duly appointed thereto and, while in such charge perform the routine duties of the absentee officer

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D- PATWARIS, QANUNGOS AND INSPECTORS

Section 30 of the Rajasthan Land Revenue Act, 1956, deals with:

The formation and alteration of Patwaris Circles

Who with the previous sanction of the State Government, may from time to time arrange the village of each district in Patwaris circles and may alter the number and limits of such cities?

The Director of Land Records

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Section 31 of The Rajasthan Land Revenue Act, 1956, deals with:

Appointment of Patwaris

Who shall appoint a Patwari to each circle for the maintenance and correction of the annual registers and records under Chapter VII for the collection of all rents, revenue and other demands due from the land holders and tenants?

The Collector

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Section 32 of The Rajasthan Land Revenue Act, 1956, deals with:

Formation and alteration of Land Records Inspection Circles

With the previous sanction of the State Government, who may arrange the patwaris, circles of each district into land records inspection circles?

the Director of Land Records

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Section 33 of The Rajasthan Land Revenue Act, 1956, deals with:

Appointment of Girdawar Qanungos or Land Records Inspectors

Who has the authority to appoint Girdawar Qanungos or Land Records Inspectors under Section 33 of The Rajasthan Land Revenue Act, 1956?

The Collector

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Section 34 of The Rajasthan Land Revenue Act, 1956, deals with:

Sadar Qanungos

Who shall appoint one or more Sadar Qanungos in each district to supervise the work of the Girdawar Qanungos or Land Records Inspectors and Patwaris and to perform such other duties as the State Government may prescribe?

the Director of Land Records

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Section 35 of The Rajasthan Land Revenue Act, 1956, deals with:

Qualifications etc. of Patwaris and Qanungos

The qualifications of service and duties of Patwaris, Girdwar Qanungos of Land Records Inspectors and Sadar Qanungos

shall be regulated by rules made by the State Government in that behalf

Section 36 of The Rajasthan Land Revenue Act, 1956, deals with:

Obligation to furnish information necessary for the preparation of records

Any person whose rights, interests or liabilities are required by any enactment for the time being in force or by any rule made under any such enactment to be entered in any official register by a Patwari or by a Girdwar Qanungo or Land Records Inspector or by a Sadar Qanungo

shall be bound to furnish, on his requisition all information necessary for the correct compilation thereof

 

SEC 37 TO 40 of The Rajasthan Land Revenue Act, 1956.

REPEALED

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E-VILLAGE SERVANTS

Section 40A of The Rajasthan Land Revenue Act, 1956

Termination of the services of Lambardars

All Lambardars appointed or deemed to have been appointed under this Act, shall, as from the date of commencement of the Rajasthan Land Revenue (Amendment) Act, 1963

ceases to be Lambardars of the village or group of villages for which they were appointed

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CHAPTER IV

PROCEDURE OF REVENUE COURTS AND OFFICERS

Section 51 of The Rajasthan Land Revenue Act, 1956, deals with

Place for holding court or making inquiries

Every officer appointed under Chapter III may subject to the provisions contained in Section 20-A

hold court and make an inquiry at any place within the local limits of his jurisdiction.

 Whether an officer shall hear or inquire into any case at any place outside such limits?

No

 

Section 52 of The Rajasthan Land Revenue Act, 1956 deal with

Power to enter upon and survey land

All revenue and village officers and their servants and workman when authorized, either verbally or in writing may

enter upon and survey land and demarcate boundaries and do other acts connected with their duties under this Act

Can a person enter any building or upon any enclosed courtyard or garden attached to a dwelling house unless with the consent of the occupier thereof without giving such occupier at least twenty-four hours’ notice and in making such entry due regard shall be paid to the social and religious sentiments of the occupier?

No

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Section 53 of The Rajasthan Land Revenue Act, 1956 deal with

Power of Government, Board etc. to transfer cases

Who may transfer any non-judicial case or any class of non-judicial cases not concerned with settlement?

The State Government or the Director of Land Records or a Commissioner

Who may transfer any judicial or settlement case or any class of such case from any subordinate revenue court or revenue officer to any other court or officer competent to deal therewith?

the Board or the Settlement Commissioner or the Director of Land Records

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Section 54 of The Rajasthan Land Revenue Act, 1956 deal with

Power of transfer cases to and from subordinates

Who may make over any case or class of cases, arising under the provisions of this Act or otherwise for inquiry or decision from his own file to any revenue officer subordinate to him who may be competent to deal with such case of class of cases, may withdraw any case or class of cases from any such revenue officer and may deal with such case or class of cases himself, or refer the same for disposal to any other such revenue officer competent?

A Commissioner, a Collector, a Sub Divisional Officer, a Tehsildar, a Land Records officer or a Settlement Officer

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When, after inquiry in a case, a report is submitted by a revenue officer to a superior revenue authority for final order

the latter may, before passing the final order, give the parties an opportunity to be heard

Section 55 of The Rajasthan Land Revenue Act, 1956 deal with

Consolidation of cases

Where more cases than one involving substantially the same question for determination and based on the same cause of action are pending in one or more revenue court, they shall, on application being made by any party to the court to which the court or courts concerned are all subordinate

be consolidate in one court and decided by a single judgment. Such cases may be filed in the superior court

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Section 56 of The Rajasthan Land Revenue Act, 1956 deal with

Appearances, applications etc. by whom made

All appearances before, applications to, and acts to be done before, any revenue court or officer under this Act or under any other law for the time being in force, may be made or done

         I.       by the parties in person, or

  II.       by their recognised agents, or

      III.       by legal practitioners duly authorised by the parties and competent to practise before such court or officer

Who may require the attendance of any party to a proceeding notwithstanding the employment by him of an agent or a legal practitioner?

The revenue court or officer

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Section 56-A of The Rajasthan Land Revenue Act, 1956 deal with

Presentation of applications, appeals, etc.

What shall be presented to the Court, officer or authority to which or to whom such applications, appeals or proceedings lie under any provision of the Act?

All applications, appeals and proceeding

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If under any such provisions, any application, appeal or proceeding lies to a Revenue Appellate Authority, such application, appeal or of proceeding may be presented to, and received by

the Collector of the District in which the cause of action for such application, appeal or proceeding arises wholly or in part

Section 57 of The Rajasthan Land Revenue Act, 1956 deal with

Power of Revenue Courts on officers to require attendance of persons and production of document and to receive evidence

Subject to the provisions of Sections 132 and 133 of the Code of Civil Procedure, 1908 who shall have power to summon any person whose attendance is considered necessary either to be examined as a party or to give evidence as a witness or to produce any document for the purposes of any inquiry or case arising under this Act or any other enactment for the time being in force?

every revenue court or officer

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All persons so summoned shall be bound to attend, either in person or by an authorised agent, as such who may direct, and to state the truth upon any subject respecting with they are examined or make statements, and to produce such documents and other things as may be required?

court or officer

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If any person, on whom a summons has been served, fails to comply with the summons, the court or officer by whom the summons has been issued may

issue a bailable warrant for the arrest of such person

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Section 58 of The Rajasthan Land Revenue Act, 1956 deal with

Summons to be in writing signed and sealed

Every summons shall be in writing in duplicate and shall be signed and sealed by the officer issuing it or by such person as he empowers in this behalf, and

it shall specify the time and place at with the person summoned is required to attend and also whether he is required to give evidence or to produce a document

Section 59 of The Rajasthan Land Revenue Act, 1956 deal with

Serving of summons

Every summons shall be served

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I. by tendering or delivering a copy of it-

a.       to the person summoned, or

b.       to his recognised agent or legal practitioner, or

c.       to any adult male member of his family usually residing with him

If any person cannot be found or refuses to accept the service of summons

by affixing a copy thereof to some conspicuous part of his usual or last known place of residence

If such person resides in another district, by

sending the summons by post to the Collector of such district for service

Section 60 of The Rajasthan Land Revenue Act, 1956 deal with

Mode of Serving Notice

Every notice under this Act may be served either by tendering or delivering a copy thereof, or sending such copy by post in a cover registered under the Indian Post Office Act, 1898 to the person on whom it is to be served or his authorised agent

or, if service in the manner aforesaid cannot be made, by affixing a copy thereof, at his last known place of residence or at some place of public resort in the village in which the land to which the notice relates is situated

Section 61 of The Rajasthan Land Revenue Act, 1956, deals with:

Mode of issuing proclamations

Whenever a proclamation is issued under this Act, copies thereof shall be posted in the court-house of the officer issuing it, at the headquarters of the tehsil within which the land to which it refers is situated, and at some place of public resort on or adjacent to the land to which it refers

if the officer issuing it so directs, the proclamation shall be further published by beat of drum on or near the land to which it refers

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Section 62 of The Rajasthan Land Revenue Act, 1956, deals with:

Notice or proclamation not void for error

No notice proclamation shall be deemed void on account of any error in the name, description or designation of any person or in the description of any land referred to therein

unless such error has caused substantial injustice

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Section 63 of The Rajasthan Land Revenue Act, 1956, deals with

Hearing in absence of party

if any party to a case of proceeding before a revenue court or officer does not appear on the date fixed for hearing, or on any subsequent date or dates to which the hearing may have been postponed

the case or proceeding may be heard and determined in his absence or may be dismissed in default

 

If, on the date fixed for hearing a case or proceeding, a revenue court or officer finds that a summons or notice was not served on any party due to the failure of the opposite party to pay the requisite process fees for such service

the case or proceeding may be dismissed in default of payment of such process-fees

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Section 64 of The Rajasthan Land Revenue Act, 1956, deals with

Adjournment of hearing

A revenue court or officer may, from time to time

adjourn the hearing of a case or proceeding

The time and place of an adjourned hearing of a case or proceeding shall be intimated at the

time of the adjournment to such of the parties and witnesses as are present

Section 65 of The Rajasthan Land Revenue Act, 1956, deals with

No appeal form order passed under Section 63

Except where a case or proceeding before any revenue court or officer has been decided on the merits

no appeal shall lie from an order passed under Sec 63

The party against whom any order is passed under Section 63 may apply within 30 days from the date of such order, to have it set aside on the ground that he was prevented by any sufficient cause from appearing at the hearing or from paying the requisite process-fee for the service of a summons or notice on the opposite party.

the revenue court or officer may, after notice to the opposite party and after making such inquiry, as may be considered necessary, set aside the order passed

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Section 66 of The Rajasthan Land Revenue Act, 1956, deals with

Power to give and apportion costs

Who may give and apportion costs incurred in any case or proceeding arising under this Act in such manner and to such extent, as may be deemed fit?

A revenue court or officer

Bare Acts

An order awarding costs to a party other than the State Government shall be executable as if it were

a decree for money passed by a revenue court

Section 67 of The Rajasthan Land Revenue Act, 1956, deals with

Correction or error or omission

Any revenue court or officer by whom an order has been passed in any proceeding under this Act may, either of his own motion or on the application of a party

correct any error or omission not affecting a material part of the case, after such notice to the parties as may be necessary

Section 68 of The Rajasthan Land Revenue Act, 1956, deals with

Power to refer disputes to arbitration

The Board a Commissioner, an Additional Commissioner, a revenue appellate authority, the Settlement Commissioner, an Additional Settlement Commissioner, the Director of Land Records, an Additional or Assistant Director of land Records, a Collector, an Addl. Collector, a Sub-Divisional Officer, an Asstt. Collector, a Land Records Officer, a Settlement Officer, a Tehsildar or an Addl. Tehsildar may,

with the consent of the parties, by order refer any dispute before it or him to arbitration

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Section 69 of The Rajasthan Land Revenue Act, 1956, deals with

Procedure in cases referred to arbitration

 

In all cases of reference to arbitration under Section 68, the provisions of the Arbitration Act, 1940 (Central Act X of 1940)

shall apply so far as they are not inconsistent with anything in this Act

Section 70 of The Rajasthan Land Revenue Act, 1956, deals with

Application to set aside award

 

Any application to set aside an award shall be made

within the twenty days after the service of the notice of filling the award

Section 71 of The Rajasthan Land Revenue Act, 1956, deals with

 

Decision according to award

What will happen if the revenue court or officer making the reference does not see cause to remit the award or any of the matters referred to arbitration for reconsideration, and if no application has been made to set aside the award, of if such application has been refused?

such court or officer shall decide the dispute in accordance with the award of if the award has been submitted in the form of a special case, according to its or his own opinion in such case

Section 72 of The Rajasthan Land Revenue Act, 1956, deals with

Bar to appeal & suit in Civil Court

Such decision shall be at once carried out and shall not be open to appeal

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unless the decision is in excess of, or not in accordance with the award, or

unless the decision is impugned on the ground that there is no valid award in law or in fact

Section 73 of The Rajasthan Land Revenue Act, 1956, deals with

Delivery of possession of immovable property

If possession of immovable property is adjudged, the court or officer making the order may deliver possession in the same manner, and with the same powers in regard to all contents, resistance

as may be lawfully exercised by the civil courts in execution of there own decrees

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CHAPTER V

APPEAL, REFERENCE, REVISION AND REVIEW

Section 74 of The Rajasthan Land Revenue Act, 1956, deals with

Appeal to be as followed by this Act

Whether appeal shall lie from any order passed by any revenue court or officer except as provided in this Act?

No

 

Section 75 of The Rajasthan Land Revenue Act, 1956, deals with

First Appeals

A first appeal shall lie to the Collector from an original order passed by a

Tehsildar in matters not connected with settlement or land records

A first appeal shall lie 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

A first appeal shall lie to the Settlement Officer from

an original order passed by a revenue court or officer subordinate to him

A first appeal shall lie to the Land Records Officer an original order passed by

a revenue court or officer subordinate to him

A first appeal shall lie to the Settlement Commissioner from

an original order passed by a Settlement Officer or by a Collector in matters connected with Settlement

A first appeal shall lie to the Director of Land Records from an original order passed by

a Land Records Officer in matters connected with land records

A first appeal shall lie to the Board from an original order passed by

the Commissioner or Additional Commissioner, the revenue appellate authority, the Settlement Commissioner

Section 76 of The Rajasthan Land Revenue Act, 1956, deals with

Second Appeals

An appeal shall lie from an order passed in appeal by a Collector in matters not connected with settlement or land records

to the revenue appellate authority

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An appeal shall lie from an order passed in appeal by a Settlement Officer acting under Section 181

to the Settlement Commissioner

An appeal shall lie from an order passed in appeal by a Land Records Officer

to the Director of Land Records

An appeal shall lie from an order passed in appeal by the Commissioner or the revenue appellate authority or the Settlement Commissioner

to the Board

 

Section 77 of The Rajasthan Land Revenue Act, 1956, deals with

No appeal in certain cases

No appeal shall lie from

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an order admitting an appeal or application for review on the ground specified in Sec.5 of the Indian Limitation Act, 1908

No appeal shall lie from

from an order rejecting an application for revision or review

No appeal shall lie from

from an order which is expressly declared by this Act to be final

No appeal shall lie from

an interim order

Section 78 of The Rajasthan Land Revenue Act, 1956, deals with

Limitation for appeals

No appeal shall lie to the Collector or Land Records Officer or Settlement Officer?

after the expiration of thirty days from the date of the order to which objection is made

No appeal shall lie to the revenue appellate authority or Settlement Commissioner or the Director of Land Records?

after the expiration of sixty days from such date

No appeal shall lie to the Board?

after the expiration of ninety days from such date

Section 79 of The Rajasthan Land Revenue Act, 1956, deals with

Copy of order objected to, to accompany petition

Every petition for appeal shall be accompanied by a certified copy of the order to which objection is made

 

unless the production of such copy is dispensed with

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Section 80 of The Rajasthan Land Revenue Act, 1956, deals with

Power of Appellate Authority

What are the powers of the appellate authority?

 

either admit the appeal, or, after calling for the record and giving the appellant an opportunity to be hard may summarily reject it

The appellate authority shall not be bound to call for the record

where the appeal is time-barred or does not lie.

What will happen if the appeal is admitted?

a date shall be fixed for hearing and notice there of shall be served on the respondent

After hearing the parties, if they appear, the appellate authority may

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confirm, vary or reverse the order appealed against; or

may direct such further investigation to be made or such additional evidence to be taken, as it may think necessary; or

may itself take such additional evidence; or

may remand the case for disposal with such directions, as it thinks fit

Section 81 of The Rajasthan Land Revenue Act, 1956, deals with

Power to stay execution of orders of lower court

What is the power of the appellate authority if appeal is admitted?

pending the result of the appeal, direct the execution of the order appealed from to be stayed

When can a revenue court or officer passing any order may direct the execution of such order to be stayed at any time before the expiry of the period prescribed for appeal?

if no appeal has been filed

 

If execution of any order is stayed such security may be taken or conditions imposed

as the appellate authority or the revenue court or officer thinks fit

Section 82 of The Rajasthan Land Revenue Act, 1956, deals with

Power to call for records and proceedings and reference to State Government of Board

Who may call for and examine the record of any case decided or proceedings held by any revenue court or officer subordinate to him for the purpose of satisfying himself as to the legality or propriety of the order passed and as to the regularity of proceedings?

The Settlement Commissioner or the Director of Land Records or a Collector

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Who is of the opinion that the proceedings taken or order passed by such subordinate court or officer should be varied cancelled or reversed, he shall refer the case with his opinion thereon for the orders of the Board, if the case is of a judicial nature or connected with settlement, or for the orders of the State Government if the case is of a non-judicial nature not connected with Settlement?

The Settlement Commissioner or the Director of Land Records or a Collector

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Who as the case may be, shall thereupon pass such order as it thinks fit?

the Board or the State Government

Section 83 of The Rajasthan Land Revenue Act, 1956, deals with

Power of Government to call for records and revise orders

Who may call for the record of any non-judicial proceedings not connected with settlement held by any officer subordinate to it and may pass thereon such orders as it thinks fit?

The State government

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Section 84 of The Rajasthan Land Revenue Act, 1956, deals with

Power of Board to call for records and revise orders

Who may call for the record of any case of a judicial nature or connected with settlement in which no appeal lies to the Board if the court or officer by whom the case was decided appears to have exercised a jurisdiction not vested in it or him by law, or to have exercise jurisdiction so vested, or to have acted in the exercise of its or his jurisdiction illegally or with material irregularity, and may pass such orders in the case as it thinks fit?

The Board

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Section 85 of The Rajasthan Land Revenue Act, 1956, deals with

Hearing

No order under Section 82 or Section 83 or Section 84 shall be passed to the prejudice of any person

unless such person has had an opportunity of being heard

Section 85A of the Rajasthan Land Revenue Act, 1956, provides for

Review by the State Government

The State Government may of its own motion or on the application of a party to a proceeding

review and may rescind; alter or confirm any order made by it under this Act.

Section 86 of the Rajasthan Land Revenue Act, 1956 deals with

Review by the Board and other Courts

The Board of its own motion, or on application of a party to a suit or other proceeding may review and may

rescind, alter or confirm any order made by itself or by any of its members.

Every other revenue court or officer may either on its or his own motion, or on application of any party interested, review any order passed by

itself or himself or by any of its or his predecessors in office and pass such orders in reference thereto as it or he thinks fit

When an order shall be varied or reversed?

unless notice has been given to the parties interested to appear and be heard in support of such order

No order from which an appeal has been made or which is the subject of any revision proceedings shall

so long as such appeal or proceedings are pending be reviewed

When an order affecting any question of right between private persons be reviewed?

except on the application of a party to the proceedings

When an application for the review of such order shall be entertained?

unless it is made within ninety days from the passing of the order

Section 87 of the Rajasthan Land Revenue Act, 1956, deals with

Application of Act IX of 1908

Whether the provisions of the Indian Limitation Act, 1908 shall apply to all appeals and applications for review under this Act?

Yes

 

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CHAPTER VI

LAND

Section 88 of the Rajasthan Land Revenue Act, 1956, deals with

All roads etc. and all land which are not the property of others belong to the State

What type of land deals under section 88?

All public roads, lanes, paths, bridges and ditches; all fences on or beside the all rivers, streams, lakes and tanks, 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 person legally capable of holding property

It shall be lawful for whom subject to the order of the Commissioner to dispose of them in such manner as may be prescribed subject always to the rights of way and all other rights of the public or of individuals legally aubsisting?

the Collector

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Any order passed shall be enforceable by

the Collector in the prescribed manner

Section 89 of the Rajasthan Land Revenue Act, 1956, deals with

Right of minerals, mines, quarries and fisheries

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

the State Government and the State Government shall, have all powers necessary for the enjoyment of such a right

No assignee of the State Government shall enter on or occupy the surface of any land without the previous sanction of the Collector, unless

the compensation has been determined and tendered to the person whose rights are infringed

Any person who without lawful authority extracts or removes minerals from any mine or quarry, the right to which vests in and has not been assigned by the State Government, shall without prejudice to any other section that may be taken against his liable

on the order in writing of the Collector to pay a penalty not exceeding a sum calculated at the rate of fifty rupees per ton, or a fraction thereof, of the minerals so extracted or removed

if the sum so calculated is less than one thousand rupees, the penalty may be such larger sum not exceeding one thousand rupees

as the Collector may impose.

 

Section 90 of the Rajasthan Land Revenue Act, 1956, deals with

Liability of all land to payment of revenue or rent

All land, to whatever purpose applied and wherever situate, is liable to the payment of revenue or rent to the State Government except

such land as has been wholly exempted from such liability by special grant of or contract with, the State Government, or by the provision of any law for the time being in force

No length of occupation of any land nor any grant of land made by an estate holder shall

release such land from the liability to pay revenue or rent

Who may exempt any land from the liability to such payment by means of a special grant or contract or in accordance with the provisions of any land for the time being in force?

The State Government

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Revenue or rent may be assessed on land notwithstanding that such revenue or rent, by reason of its having been assigned, released, compounded for or redeemed?

is not payable to the State Government.

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Section 90A of the Rajasthan Land Revenue Act, 1956, deals with

Use of agricultural land for non-agricultural purpose

No person holding any land for the purpose of agriculture, and no transferee of such land or any part thereof, shall use the same or any part thereof, by the construction of buildings thereon, or otherwise for any other purpose except

with the written permission of the State Government obtained in the manner hereinafter laid down and otherwise that in accordance with the terms and conditions of such permission

Any such persons desiring to use such land or any part thereof for any purpose other than that of agriculture shall

apply for the requisite permission in the prescribed manner and to the prescribed officer or authority and every such application shall contain the prescribed particulars

The State Government shall, after making or causing to be made due inquiry in the prescribed manner

either refuse the permission applied for or grant the same subject to the prescribed terms and conditions

When any such land or part thereof is permitted to be used for any purpose other than that of agriculture, the person to whom such permission is granted shall be liable to pay to the State Government in respect thereof

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a.       an urban assessment levied at such rate and in accordance with such manner is may be laid down in rules to be made in this behalf by the State Government, or

b.       such amount by way of premium as may be prescribed by the State Government, or

c.       both

If any such land is so used the person originally, holding the land as aforesaid for the purpose of agriculture as well as all subsequent transferees, if any, shall be deemed to be

a trespasser or trespassers, as the case may be, and shall be liable to ejectment without the written permission of the State Government being first obtained

The agricultural land may be used without permission for such non-agricultural purposes as may

be prescribed by the State Government

Section 91 of The Rajasthan Land Revenue Act, 1956 deals with

Unauthorlsed occupation of Land

Any person who occupies or continues to occupy any land without lawful monthly shall be regarded as a trespasser and may be

summarily evicted there from by the Tehsildar

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Such trespasser shall further be liable to pay, for each agricultural year during the whole or any part where of has been in such unauthorized occupation of the land, a penalty which may extend

to fifty times the annual rent, or assessment for the first act of trespass

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In the case of each subsequent act of trespass, he shall by the order of Tehsildar, be liable to commitment to civil person for a term which may extend

to three months and to pay penalty to the extent to fifty times the annual rent, or assessment. The amount of such penalty shall be recovered as an arrear of land revenue

Section 92 of The Rajasthan Land Revenue Act, 1956 deals with

Land may be set apart for special purposes

Subject to the general orders of the State Government, the Collector may set apart land for any special purpose, such as, for free pasturage of cattle, for forest reserve, for development of abadi or for any other public or municipal purpose; and

such land shall not be used otherwise than for such purpose without the previous sanction of the Collector

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Section 93 of The Rajasthan Land Revenue Act, 1956 deals with

Regulation of use of Pasturage

The right of grazing on pasturage land shall extend only to the cattle of the village or villages for which such land has been set apart and shall be regulated by rules made by

the State Government

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Section 94 of The Rajasthan Land Revenue Act, 1956 deals with

Powers to regulate control and management of forest growth

The State Government may, with a view to preventing deforestation, make rules regulation to control and management of the forest-growth on the land of any estate or village and the exercise of any right of user over such forest growth and may attach to the beach of such rules

a penalty not exceeding one thousand rupees or, if the breach be a continuing one, penalty not exceeding fifty rupees for each day during which such breach continues

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The penalty prescribed in the rules shall be imposed only

by a criminal court of competent jurisdiction

Such court may direct that the whole or any part of any sum recovered shall be paid as compensation to any person or persons to whom loss or injury has been caused or that it shall be expended in such manner

the Collector may deem fit for the benefit of the forest-growth

 

Who may confiscate and sell any timber or other forest produce cut or removed in contravention of any rule made under sub-section (1), and may apply the proceeds of the sale to either or both of the purposes mentioned in sub- section (2)?

A criminal court of competent jurisdiction

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If an estate holder or any other person is guilty of any material violation of the rules who may proclaim that the forest-growth of the estate or village will be protected by the State Government or issue notice to such estate-holder or other person to show cause, within a reasonable time to be specified in the notice, why he should not be excluded from the possession of the forest land?

the Collector

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Section 94-A of The Rajasthan Land Revenue Act, 1956 deals with

Roadside trees

All roadside trees which have been planted and reared by or under the order of, or at the expense of whom?

State Government

In the event of such trees dying or being blow down or being cut down by order of the Collector

the timber shall be the property of the State Government

Section 94-B of The Rajasthan Land Revenue Act, 1956 deals with

Recovery of value of trees etc. unauthorisedly appropriated

Any person who shall unauthorisedly sell and appropriate any roadside tree or any portion there of or remove any other natural product thereof shall be liable to whom for the value thereof which shall be recoverable from him as an arrear of land revenue in addition to any penalty to which he may be liable under any law?

the State Government

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The decision of the Collector as to the value of such trees or portion or product thereof

shall be conclusive

Section 95 of The Rajasthan Land Revenue Act, 1956 is primarily concerned with the development of:

Abadi areas (inhabited areas)

Who may make rules for the reservation of lands to be set apart for the development of abadi, for the allotment of Nazul lands and lands so set apart for any payments to be made in respect of such lands and for the declaration of the rights of such allottees?

The State Government

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Can a person occupy any land in the "abadi" area without first paying such sums-by way of premium as may be fixed under this Act?

No

 

Section 96 of The Rajasthan Land Revenue Act, 1956 deals with

State government to fix rates of premium

Under Section 96, who is responsible for fixing the rates of premium on land?

State government

The rates of premium fixed by the State government under Section 96 are primarily applicable to:

for Nazul and other lands within the abadi area

Section 97 of The Rajasthan Land Revenue Act, 1956 deals with

Auction of abadi land

In all cases where there are more than one applicant for the same piece of land in the abadi area, it shall be sold to

the highest bider at a public auction

Who can refuse the highest bid for reasons to be recorded?

the Collector

Small strips of land adjoining existing buildings shall, with the previous sanction of whom, be given at the rates fixed under sub-sections (1) and (2) of Section 96?

the Sub-Divisional Officer

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Section 98 of The Rajasthan Land Revenue Act, 1956 deals with

Land granted for receptacles of household refuse, etc. and for storing fodder

Subject to rules made by the State Government in this behalf; who may grant in villages towns or cities free of premium or rent land of such dimensions as may be prescribed to serve as receptacles for the household refuse, stable little and cattle dropping and other rubbish and manure, and for storing fodder for cattle?

the Sub-Divisional Officer

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Whether land granted for receptacles of household refuse, etc. and for storing fodder be claimed as matter of right?

No

 

Who shall have the right to resume any such land without paying any compensation?

The Collector

Under whose order the land granted may be resumed?

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the orders of a revenue officer not below the rank of a Tehsildar, if and when, the person to whom it has been granted contravenes any of the provisions of this section or the rules made thereunder

Section 99 of The Rajasthan Land Revenue Act, 1956 deals with

Right to regulate the construction of a building in a village

Who may regulate the construction, maintenance, demolition, repairs and extension of houses and other buildings in such villages or towns for which no local authority has been established?

The State Government

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Section 100 of The Rajasthan Land Revenue Act, 1956 deals with

Sale of land in Industrial and Commercial Areas

Who may make rules regulating sales of lands in industrial and commercial areas and may also impose an annual assessment of such lands, wherever necessary?

The State Government

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Section 101 of The Rajasthan Land Revenue Act, 1956 deals with

Allotment of land for agricultural purposes

Lands for agricultural purposes shall be allotted by such authority and in such manner as may be prescribed by rules made

by the State Government in this behalf

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All allotment of land shall be subject to the payment of rent fixed at such rates as may be fixed according to

custom or by usage or any law on the subject.

According to Section 102 of The Rajasthan Land Revenue Act, 1956, land can be allotted for purposes other than agriculture with special terms if it is required for:

Industrial development, public utilities, or government projects

Section 102-A of The Rajasthan Land Revenue Act, 1956 deals with

Land which may be entrusted with Local Authorities

Any Nazul land or land set apart under Section 92 may be placed by whom at the disposal or a local authority having jurisdiction and such local authority may take over with the land so placed at its disposal?

the State Government

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Section 103 of The Rajasthan Land Revenue Act, 1956 deals with

Land and Abadi defined for the purposes of Chapter VI

According to Section 103, the definition of 'land' includes:

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-Land as defined in clause (24) of Section 5 of the Rajasthan Tenancy Act, 1955

-Land acquired under the provisions of the Rajasthan Land Acquisition Act, 1953

-Land surveyed and recorded,

which is used for any public purpose such as a road or pathway,

-Land surveyed and recorded for use of the community such as goober, cremation-ground -Land in possession of the Government or a local authority

graveyard,

-Nazul land

-Land within the abadi area vesting in a local authority or land reserved

The definition of “abadi” or “abadi area”or “abadi land” means

 under Section 103 of The Rajasthan Land Revenue Act, 1956

the population area of a village, town or city and includes the site of such village, town or city, land reserved and set apart under Section 92 for the development of abadi therein and land held therein for building purposes whether a building has been constructed thereon or not.

Section 104 of The Rajasthan Land Revenue Act, 1956, primarily deals with:

Cases in which power of Revenue Officers may be exercised by local Authorities

Where any nazul land or land in the abadi of a village or town or any land set apart for free pasturage of cattle or for development of abadi or for any other public or municipal purpose has been placed at the disposal of a local authority under Section 102-A.

the powers exercisable under Section 97 or Section 98 by a Collector or other revenue officer shall be exrcised exclusively by the local authority concerned in accordance with rules made by the State Government in this behalf.

Section 105 of The Rajasthan Land Revenue Act, 1956 ensures that the rights of tenants under Section 31 of Rajasthan Act 3 of 1955 are:

Not affected by any provisions of The Rajasthan Land Revenue Act, 1956

Under Section 105 of The Rajasthan Land Revenue Act, 1956, tenants' rights under Section 31 of Rajasthan Act 3 of 1955 are:

Protected from being modified or altered by the provisions of the Land Revenue Act

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CHAPTER VII

SURVEY AND RECORD OPERATIONS

A- GENERAL

Section 106 of The Rajasthan Land Revenue Act, 1956, primarily deals with:

Survey or re-survey of land

Who may direct, by notification in the official Gazette that the survey or re-survey of any local area shall be made and every such local area shall, from the date of the said notification be held to be under survey and record operations until the issue of another notification declaring such operations to be closed therein?

The State Government

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Section 107 of The Rajasthan Land Revenue Act, 1956, primarily deals with:

Record Operations

Who may likewise direct, in respect of any local area which has already been surveyed, that a general or partial revision of the records of such local area shall be made and thereupon such local area shall be held to be under record operations until such operations are similarly closed?

The State Government

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Section 108 of The Rajasthan Land Revenue Act, 1956, primarily deals with:

Record Officers

The State Government, upon the issue of a notification under Section 106 or Section 107

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         I.       shall appoint an Additional Land Records Officer to be incharge of the operations referred to therein, unless a permanent Additional Land Records Officer shall have been appointed to the area brought under such operations

II.       may appoint as many Assistant Land Records Officers

Section 109 of The Rajasthan Land Revenue Act, 1956, primarily deals with:

Mode of conducting operations

The operations referred to in Sections 106 and 107 shall be

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in charge of the Director of Land Records and shall be conducted in the manner prescribed by the State Government.

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B- BOUNDARY MARKS

Section 110 of The Rajasthan Land Revenue Act, 1956, primarily deals with:

Assistance in survey of boundaries

 

When any area is under survey and record operations, who shall issue a proclamation informing all estate-holdres and tenants of such area that they are bound to render such assistance as may be required of them in the survey of the boundaries of the village as well as the boundaries of the fields therein?

Land Record Officer

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The Land Record Officer may issue a proclamation directing all estate-holders and tenants of the area under survey and record operations to erect within how many days such boundary marks as he may think necessary to define the limits of their village, estates or fields, and in default of their compliance within the time specified in the proclamation, he may himself cause such boundary marks to be erected at their cost?

fifteen days

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Section 111 of The Rajasthan Land Revenue Act, 1956, primarily deals with:

Decision of disputes as to boundaries

In case of any dispute concerning any boundaries who shall decide such dispute, so far as possible, on the basis of the exiting survey maps and where this is not possible or such maps are not available, on the basis of actual possession?

the Land Records Officer

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If, in the course of an inquiry into a dispute the Land Records Officer is unable to satisfy himself as to which party is in the possession or it is shown that possession has been obtained by wrongful dispossession of the lawful occupants within a period of how many months previous to the commencement of the inquiry the Land Records Officer shall ascertain by summary inquiry who is the party best entitled to possession and shall then fix the boundary accordingly?

three months

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C- MAPS AND FIELD BOOK

Section 112 of The Rajasthan Land Revenue Act, 1956, primarily deals with:

The preparation of maps and field books for land surveys

In respect of every local area or part thereof under survey and record operations, who shall, in accordance with rules made by the State Government in that behalf, prepare for each village or portion of a village comprised in such area or part a map and a field book?

the land Records Officer

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D- RECORD OF RIGHTS

Section 113 of The Rajasthan Land Revenue Act, 1956, deals primarily with:

The preparation of the record of rights for landowners

In respect of every local area under survey and record operations or only under record operations who shall frame for each village or portion of a village comprised therein a record of rights?

the Land Records Officer

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Section 114 of The Rajasthan Land Revenue Act, 1956, primarily deals with:

The contents of record of rights

The record of rights shall be prepared in such manner as may be prescribed by the State Government and shall consist of the Following, namely?

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a.       khewat, register of all estate-holders in the area under survey

b.       khatauni, that is to say, a register of all persons cultivating

c.       register of all persons holding land in such area free of rent or revenue.

Section 115 of The Rajasthan Land Revenue Act, 1956, primarily deals with:

The procedure for inviting claims to lands that appear to have no owner

When any local area is under survey and record operations or only under record operations who shall make lists of all lands in such area which appear to him to have no lawful owner and shall thereupon issue a proclaimation declaring his intention to demarcate such lands as the property of the State and inviting any person having any claims to or over them to present, within three months from the date of such proclamation, a petition in writing setting fourth such claims and the grounds therefore.

the Land Records Officer

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Section 116 of The Rajasthan Land Revenue Act, 1956, primarily deals with:

The procedure when unclaimed land is used for common purposes

If no claim is made to such land as is mentioned in Section 115 or if such land is decided to be the property of the State but the inhabitants of the adjoining ;village or village prove that they have there to force enjoyed the use of such land for pastural or other agricultural purposes, who may assign to such village or village so much of such land as he may consider requisite for such purpose and shall mark off the remainder as, and declare it to be, the property of the State.

the Land Records Officer

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Section 117 of The Rajasthan Land Revenue Act, 1956, deals with the procedure when:

A limited right over unclaimed land is established

A claim to the exercise of enjoyment of any right, not amounting to the right of exclusive possession, in, to or over any land comprised in the proclamation issued under Section 115 is established, who may assign to the claimant as his property a define portion of such land, or, with the sanction of the State Government, otherwise compensate the claimant in accordance with the provision of the Rajasthan Land Acquisition Act, 1953?

the Land Records Officer

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Section 118 of The Rajasthan Land Revenue Act, 1956, primarily deals with the determination and record of:

Khudkasht land

Who shall ascertain and determine the extent of all land as khudkasht and shall record the same as such?

The land Records Officer

Section 119 of The Rajasthan Land Revenue Act, 1956, deals with the determination of:

The abadi (inhabited area) of a village

Who shall, in the case of every inhabited village, ascertain and determine the area to be reserved for the residence of the inhabitants thereof or for purposes, ancillary thereto and such area shall be deemed to be the abadi of such village?

The Records Officer

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Section 120 of The Rajasthan Land Revenue Act, 1956, primarily deals with the creation of:

The register of villages in Rajasthan

The Land Records Officer shall prepare in the prescribed form a list of all villages in the area under survey and record operations or under record operations, showing therein in the prescribed manner

The Rajasthan Land Revenue Act Free Bare Act

 

a.       the area liable to fluvial cultivation;

b.       the area having precarious cultivation;

c.       the revenue or rent assessed thereon and the person thorugh whom it is payable; and

d.       the area of which the revenue or rent has, either wholly or in part been released, remitted, assigned or compounded specifying the authority therefore and the conditions thereof

Section 121 of The Rajasthan Land Revenue Act, 1956, prescribes the particulars that must be stated in a:

Khatauni

The Khatauni, as outlined in Section 121 of The Rajasthan Land Revenue Act, 1956, includes details about:

the nature and class of his tenure as determined in accordance with the provisions of the Rajasthan Tenancy Act, 1955

Section 121 of The Rajasthan Land Revenue Act, 1956, mandates the inclusion of which in the Khatauni?

the amount of premium, if any, paid by him for the acquisition of khatedari rights.

According to Section 121, the Khatauni must contain information regarding the:

the date of the khatedari parcha, and the transfers, if any, made by him, together with all particulars of such transfers.

Which must be included in the Khatauni, as per Section 121 of The Rajasthan Land Revenue Act, 1956?

the khasra number of each field comprised in his holding and the area

As per Section 121, the Khatauni should include

the annual rent payable by him

Section 121 specifies that the Khatauni should include

any other condition of the tenure whether contain in a written lease or not

Section 121 specifies that the Khatauni should include

in the case of a person other than a khatedar tenant, the number of years during which he has held the land then in his possession

Section 122 of The Rajasthan Land Revenue Act, 1956, deals with

Attestation of entries

All undisputed entires in the record of rights shall be attested by

the parties interested

Section 124 of The Rajasthan Land Revenue Act, 1956, deals with

Procedure when rent or revenue payable is disputed

In case of any dispute regarding the rent or revenue payable, who shall not decide the dispute, but shall record, as payable, for the year in which the record of right is framed, the rent or revenue payable for the previous year, unless it has been enhanced or abated by a decree order or agreement under this Act or under the Rajasthan Tenancy Act, 1955?

the Land Records Officer

The Chhattisgarh Court Fees Act Free Bare Act

Section 126 of The Rajasthan Land Revenue Act, 1956, deals with

Existing records to be acted upon

Until a new map and a field book are prepared under Section 112 or until a new record of rights is framed under Section 114, the existing map, field book and record of rights, if any, shall be

the map, field book and record of rights of the area concerned.

Section 127 of The Rajasthan Land Revenue Act, 1956, deals with which scenarios?

Proceedings pending upon close of survey & record operations

When the survey and record operations, or the record operations, as the case may be, are closed by a notification under Section 106 or Section 107, all applications and proceedings then pending before the Additional Land Records Officer shall, if such officer has not been appointed permanently

be transferred to the Collector

The Chhattisgarh Rent Control Act Free Bare Act

 

 The Chhattisgarh Land Revenue Code Act Free Bare Act

E- MAINTENANCE OF MAPS AND RECORDS

Section 128 of The Rajasthan Land Revenue Act, 1956, deals with which type of disputes?

Boundary disputes

Who is primarily responsible for deciding disputes regarding boundaries under Section 128?

Land Records Officer

Boundary disputes under Section 128 are to be decided in the manner provided in which section?

Section 111

In case there is no actual boundary dispute but only missing or unclear boundary marks, who is empowered to resolve such cases?

Tehsildar

The purpose of Section 128 is to ensure what?

Disputes are decided in a lawful and consistent manner

Section 129 of The Rajasthan Land Revenue Act, 1956 deals with

Obligation of holders as to boundary marks

Section 129 of The Rajasthan Land Revenue Act, 1956, mandates that all holders of villages, estates, or fields are obligated to:

Maintain and repair permanent boundary marks at their own cost

Under Section 129, the Land Record Officer has the authority to order holders to:

Erect proper boundary marks

If a holder fails to comply with an order to maintain or erect boundary marks within thirty days, the Land Record Officer may:

Cause the boundary marks to be erected or repaired at the holder's cost

In cases where there is no dispute over the boundaries of fields but the absence of proper boundary marks exists, the Tehsildar may:

Take action under Section 129 upon an application made to him or otherwise

Section 129 ensures that boundary marks are:

Maintained and kept in repair by the holders at their own cost

Section 130 of The Rajasthan Land Revenue Act, 1956, provides penalties for which actions?

Injury to, or removal of boundary marks

Under Section 130, who is authorized to impose penalties for injury to, or removal of boundary marks?

The Land Record Officer

According to Section 130, what is the maximum penalty for injuring or removing boundary marks?

A fine of up to fifty rupees

The penalty for injury to, or removal of boundary marks under Section 130 is intended to:

Ensure that boundary marks are preserved for land record accuracy

Section 130 of The Rajasthan Land Revenue Act, 1956, prescribes a penalty for the removal of which specific item?

Boundary marks

The Chhattishgarh Excise Act Free Bare Act

Section 131 of The Rajasthan Land Revenue Act, 1956, mandates the maintenance of which documents?

Maps and field books

Under Section 131, the responsibility of maintaining maps and field books lies with:

The Land Records Officer

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F- ANNUAL REGISTERS

Section 132 of The Rajasthan Land Revenue Act, 1956, requires the maintenance of which type of registers?

Annual registers

The annual registers mentioned in Section 132 are maintained by whom?

The Land Records Officer

According to Section 132, the annual registers are used to record what information?

Changes in land ownership and other land records

What is the purpose of maintaining annual registers as outlined in Section 132 of The Rajasthan Land Revenue Act, 1956?

To record and update details about land, its ownership, and other changes in the land records

Under Section 132, the annual registers must be updated:

Annually

Section 133 of The Rajasthan Land Revenue Act, 1956, requires the reporting of which events?

Succession and transfer of possession

Under Section 133, who must report the succession or transfer of possession of land?

Every person obtaining possession by succession, transfer or otherwise of any property or other right or interest in any land or the profits

The report of succession or transfer of possession should be submitted to:

the notice of the village Patwari and report it to the Tehsildar of the Tehsil

Section 133 requires that the report on succession and transfer of possession be submitted within how many months?

Three months

The Maharashtra Rent Control Act Free Bare Act

If such person is a minor or otherwise disqualified

the guardian or other person who has charge of such person’s property shall make such report.

Section 134 of The Rajasthan Land Revenue Act, 1956 deals with

Fine for neglect to report

Section 134 of The Rajasthan Land Revenue Act, 1956, imposes a fine for the neglect of what?

Failure to report succession or transfer of possession of land

According to Section 134, a person who neglects to report succession or transfer of possession of land may be fined up to:

not exceeding rupees ten.

Uttar Pradesh Revenue Code Free Bare Act

Section 135 of The Rajasthan Land Revenue Act, 1956, deals with

Procedure on report

According to Section 135, when a report on succession or transfer of possession is made, it must be verified by:

The Tehsildar

Who on receiving such report or upon the fact coming otherwise to his knowledge, shall make such inquiry as appears necessary and in undisputed cases, if the succession or transfer or other acquisition appears to have taken place, shall record the same in the annual registers?

The Tehsildar

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If the succession or transfer or other acquisition is disputed, who shall, if competent under this Act or any other law for the time being in force decide such dispute according to law and if not so competent, refer the dispute to any other officer so competent for decision?

the Tehsildar

The Rajasthan Court Fees And Suits Valuation Act Free Bare Act

Section 136 of The Rajasthan Land Revenue Act, 1956, deals with:

the correction of errors

Who may, at any time, correct or cause to be corrected in the prescribed manner any clerical errors and any errors which the parties interested admit to have been made in the record of rights or register, or which a revenue Officer may notice during the course of his inspection in any Register?

The land Records Officer

The U.P. Panchayat Raj Act Free Bare Act

Section 137 of The Rajasthan Land Revenue Act, 1956, deals with:

the succession to estates

Notwithstanding anything contained in this Act succession to, and transfer of an estate shall be governed and regulated by and be determine in accordance with the law, usage or practice of the local area in which such estate lies, and such law, usage or practice shall

notwithstanding the provisions notwithstanding the provisions of Section 263, continue in force for the purpose aforesaid.

U.P Consolidation Of Holdings Act Free Bare Act

 The Himachal Pradesh Excise Act Free Bare Act

G- MISCELLANEOUS

Section 138 of The Rajasthan Land Revenue Act, 1956, deals with

Inspection of records

All maps, field books and registers prepared under this Act, shall be open to public inspection free of cost at such hours, at such place and on such conditions as

the State Government may prescribe.

The Himachal Pradesh Urban Rent Control Act Free Bare Act

Section 139 of the Rajasthan Land Revenue Act, 1956, deals with

Copies of entries

Who shall, when so required, prepare and issue copies of entries from the registers and records maintained under this Chapter on payment of such copying fees as may from time to time be prescribed by the State Government and such copies shall be attested in the prescribed manner?

The patwari

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Section 140 of The Rajasthan Land Revenue Act, 1956, deals with

Presumption as to entires

 

All entires made in the record of rights shall be presumed to be true

until the contrary is proved.

Under Section 140-A of the Rajasthan Land Revenue Act, 1956, deals with

Procedure in disputes relating to khudkasht entries

Where a dispute arises as to the correctness or otherwise of any entry in the record to rights relating to Khudkasht in respect of any Bir or Jore which was used by a Jagirdar as a grass preserve and let cut for grassing either after the grass was cut or removed or before, with or without any grassing fee, the decision of such dispute shall be based on?

possession of the particular piece of land as Khudkasht in accordance with the provisions of the law for the time being in force regulating and governing the allotment and demarcation of land as Khudkasht

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No such entry shall be liable to be called in question if the total area of Khudkasht in the possession of the Jagirdar does not exceed

twice the minimum area prescribed for the purpose of clause (a) of sub-section 91 of Section 180 of the Rajasthan Tenancy Act, 1955

An application or proceeding for the correction of an entry relating to Khudkasht made in the record of rights on or before the commencement of the Rajasthan Land Revenue (Amendment) Act. 1959, may be presented or started

within five years from the date of such commencement and not later

 

Section 141 of The Rajasthan Land Revenue Act, 1956 deals with

Decisions to be binding on revenue courts

Subject to the provisions of sub-section (3) of Section 125, all decisions under this Chapter in cases of dispute shall be binding on all revenue courts in respect of the subject-matter of the dispute

unless such dispute be with regard to the rent or revenue payable by a tenant.

The M.P. Land Revenue Code Act Free Bare Act

 Free Judiciary Classes

CHAPTER VII-A

SURVEY OF ABADI AREAS

Section 141-A of The Rajasthan Land Revenue Act, 1956 deals with:

Definitions

 

Section 141-A(a) of The Rajasthan Land Revenue Act, 1956 deals with:

“abadi area” has the meaning assigned to it by clause (b) of Section 103

Section 141-A(b) of The Rajasthan Land Revenue Act, 1956 deals with:

“land” has the meaning assigned to it by clause (a) of Section 103

Section 141-A(c) of The Rajasthan Land Revenue Act, 1956 deals with:

“owner”

 

What does the term “owner” includes?

Free One Liner Notes

 

         I.  the person having permanent interest in any land or premises, or

         II.  an agent of or a manager on behalf of, such, person, or

         III.  a trustee of such person, or

    IV.  a body corporate in which any land or premises is vested for the time being,

     V.  the occupier for the time being of any land or premises

Section 141-A(d) of The Rajasthan Land Revenue Act, 1956 deals with:

“premises” means any land or building described as such in any record prepared under this Chapter or in any other previously exiting record;

Section 141-A(e) of The Rajasthan Land Revenue Act, 1956 deals with:

“survey” includes identification of boundaries and all other operation antecedent to, or connected with, survey

Under Section 141-B of The Rajasthan Land Revenue Act, 1956 deals with

Power to order survey

Who may whenever it thinks fit, order, by notification in the official Gazeette, that a survey shall be made of any abadi area within the State or any part of such abadi area and every such abadi area or part thereof shall thereupon be deemed to be under survey?

The State Government

Free Detailed Notes

Where no local authority is directed to be incharge of any survey ordered under sub- section (1), who of the district shall be in charge of such survey.

the Collector

Free Mock Tests

Section 141-C of The Rajasthan Land Revenue Act, 1956, deals with

Entry upon land

The officer conducting the survey shall, for the purposes of this Chapter, have power, either by himself or by other officers or servants employed in the sunny, to enter, between the hours of sunrise and sunset

upon any land or premises within the abadi area or part thereof under sunny, with outing liable to any legal proceedings what so ever on account of such entry or of thing done on such land or premises in pursuance of the provisions of this Chapter

Section 141-D of The Rajasthan Land Revenue Act, 1956, deals with

Notice of survey may be given before hand

Before entering on any land or premises for purposes of sunny, the officer conducting the survey may cause a notice in writing under his hand to be served on whom about to be surveyed and on the owners of conterminous lands or premises, calling upon them to attend either personally or by agent on such land or premises before him or before such officer as may be authorized by him in that behalf within a specified time?

the owner of the land or premises

Judiciary Syllabus

Before entering on any land or premises for purposes of sunny, the officer conducting the survey may cause a notice in writing under his hand to be served on the owner of the land or premises which shall

not be less than three days after the service of such notice

 

Section 141-E of The Rajasthan Land Revenue Act, 1956 deal with

Survey may be proceeded with suer service of notice under Section 141-D

After due service of the notice issued under Section 141-D

Judiciary PYQ’s

I. the officer conducting the survey or any other officer or servant authorized by him in this behalf may proceed with the survey whether the person upon whom such notice has been send are present or not

After due service of the notice issued under Section 141-D

Free MCQs

every such person who fails to appear or is not so present shall be bound by the results of the survey in the same manner and to the same extent as if the survey were made in his presence

Under Section 141-F of The Rajasthan Land Revenue Act, 1956, deal with:

Survey map and register

 

Who shall prepare a map of the abadi area or part thereof under survey.

The officer conducing the survey

Lands and premises in such abadi area of part thereof shall

be shown on the map separately in the prescribed manner

To every piece of land to every premises shown separately on the map

an indicative survey number shall be assigned

Who shall also prepare for the abadi area or pad thereof under survey, a register of all lands and premises therein which have been surveyed?

The officer conducting the survey

Bare Acts

The register prepared shall specify, in relation to each indicative survey number assigned the name of the person or persons appearing at the time of the survey to be

the owner thereof and such other particulars as may be prescribed

Under Section 141-G of The Rajasthan Land Revenue Act, 1956 deal with

Erection of boundary marks

Who may at any time cause to be erected, on any land which is lo be or has been, surveyed under this Chapter, temporary or permanent boundary marks of such materials and in such number and manner as he may determine to be sufficient for the purpose of the survey?

The Officer conducting the survey

CPC Free One Liner Notes

Section 141-H of The Rajasthan Land Revenue Act, 1956 deal with

Maintenance of temporary boundary marks

When any temporary boundary mark has been erected under Section 141-G, who may cause a notice in writing under his hand lo be served on the owner of the land or premises whereon, or adjoining which such boundary mark is situate, grinning him to maintain and keep in repair such boundary mark till the survey had been completed?

the officer conducting the survey

Constitution Of India Free One Liner Notes

If such owner nor comply with such notice, who may repair the boundary mark and the expense incurred in doing so shall be recoverable from such owner as an arrear of land revenue?

the officer conducting the survey

BSA Free One Liner Notes

Section 141-I of The Rajasthan Land Revenue Act, 1956 deal with

Disputes as to boundaries

If the course of a survey this Chapter a dispute is found to exist as lo the boundaries of any land or premises to be surveyed, an inquiry shall be

held by an Assistant Records Officer authorized in this behalf for the purpose of determining such dispute

The Assistant Records Officer shall cause a notice in writing under his hand to be served on the parties concerned requiring them to appear before him, in person or by an

authorized agent, on a specified day and to produce evidence of possessions the land or premises in dispute

On the specified day or on such other day to which the hearing may be adjourned which authority shall hear the parties, receive the evidence, produced by them respectively, consider the effect of such evidence take such further evidence as he may think necessary?

the Assistant Records Officer

BNSS Free One Liner Notes

Section 141-J of The Rajasthan Land Revenue Act, 1956, deals with

Appeal to the Collector

 

Appeal shall lie from an order passed by an Assistant Records officer under Section 141-I

to the Collector and may be preferred within thirty days from the date of such order

Section 141-K of The Rajasthan Land Revenue Act, 1956 deal with

Power to refer to arbitration

In every cases of disputed boundaries which authority authorised to hold the inquiry may, on the written application of the parties, refer the dispute to one or more arbitrators nominated by the parties respectively, and shall fix such time, and allow such extension of time, as may seem reasonable for the delivery of award?

the Assistant Records Officer

The Limitation Free One Liner Notes

Section 141-L of The Rajasthan Land Revenue Act, 1956 deal with

Documents connected with survey to be sent to officer or authority in charge of survey

After the survey of abadi land or part thereof under survey has been completed, who shall send all maps, registers, and other documents connected with such survey to the officer or authority in charge thereof?

officer conducting the survey

SRA Free One Liner Notes

The fact of receipt of such maps, registers and other document shall be notified by such officer or authority son the official Gazette and any person interested in the survey may, at any time within

two months from the date of such notification inspect such maps, registers and other documents free of charge

IT Act Free One Liner Notes

If during such period any objection to the survey is lodged with the officer or authority incharge of survey, such objection shall be decided by such officer as the State Government or, where a local authority is incharge of the survey

such local authority with the approval of the State Government, may appoint in this behalf

SOGA Act Free One Liner Notes

After all objections lodged been decided, the officer or authority incharge of the survey shall if necessary, cause the maps, registers and other documents connected with the survey to be corrected in accordance with such decision and shall

submit, with his or its recommendation, all papers to the Government for approval of the survey.

The Sexual Harassment of Workplace Free One Liner Notes

If the State Government approves the survey, such approval shall be notified

In the official Gazette

Section 141-M of The Rajasthan Land Revenue Act, 1956 deals with

Maintenance of maps registers

All maps, registers and other documents connected with the survey approved by the State Government under sub section (5) of Section 141-L shall be

deposited in the office of the officer or authority in charge of the sunny

All such maps, registers and other documents shall be maintained by

such officer or authority in the prescribed manner

Such officer or authority shall cause such maps to be revised, and the entries in such registers to be corrected, in the prescribed manner and at prescribed intervals, by such

officer as may be appointed in this behalf or with the approval of the State Government

Section 141-N of The Rajasthan Land Revenue Act, 1956 deals with

Survey fees

 

The owner of any land or premises which has been surveyed under this Chapter shall be liable to pay to the officer or authority in charge of the survey, a survey fee at such rate, in such manner, within such time after the completion of the survey and to such extent as

the State Government may prescribe and any survey fee not so paid shall be recoverable as an arrear of land revenue

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The aggregate amount of the survey fees variable from owners of lands and in the abadi or part thereof under survey

shall not exceed one third of the total cost of the survey.

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When does no survey fee shall be payable?

Domestic Violence Act Free One Liner Notes

         I.       by the Government or by a local authority, or

           II.       in respect of any land or premises in the abadi area or pad thereof under survey exceeding in area or value such limits as may be prescribed, or

III.       in respect of lands or premises held exclusively for religious worship or charitable purposes.

Section 141-O of The Rajasthan Land Revenue Act, 1956, deals with

Cost of Survey

How the cost of every survey shall be met?

Probation of Offenders Act Free One Liner Notes 

       I.       in case a local authority is in charge of such surveys, by such local authority,

and

       II.       in other cases, by the State Government;

The State Government may agree?

Rajasthan Court Fees Act Free One Liner Notes

 

a.       to pay a portion of such cost out of the Consolidated Fund of the State or

b.       to advance a loan to a local authority for meeting such cost upon such terms and conditions as to rate interest, period of repayment, security and the like, as may be mutually agreed upon

Section 141-P of The Rajasthan Land Revenue Act, 1956, deals with

Penalty for failure to comply with requisition in notice

Whoever fails to comply with a registration contained in any notice issued and duly served shall be liable to a fine

not exceeding one hundred rupees

Section 141-Q of The Rajasthan Land Revenue Act, 1956, deals with

Inspection of, and copies of extracts from maps, registers and other documents

Inspection of, and copies of extracts from maps, registers and other documents referred to in sub-section (1) of Section 141-M shall

be open to public inspection in such manner, within such hours, at any places subject conditions and on payment of such fees as the State Government may prescribe.

Section 141-R of The Rajasthan Land Revenue Act, 1956, deals with

Rules

Who may, by notification in the official Gazette make rules not inconsistent with the provisions of this Chapter?

The State Government

Section 141-S of The Rajasthan Land Revenue Act, 1956, deals with

Proceedings not to be affected by informality

Whether proceeding under this chapter shall be effected by reason of any informality, and proceedings under this Chapter shall be affected by reason of the omission to serve and notice required by or under this Chapter to be issued and served?

No

The Indian Contract Act-I Free One Liner Notes

 

Section 141-S of The Rajasthan Land Revenue Act, 1956, deals with

Presumption as to maps and entries in registers

All maps and all entries made in the registers, prepared under this Chapter

shall be presumed to be correct unless the contrary is proved

 The Indian Contract Act-II Free One liner Notes

CHAPTER VIII

SETTLEMENT OPERATIONS

A- GENERAL

Section 142 of The Rajasthan Land Revenue Act, 1956, deals with

Settlement or re-settlement

Who may, by notification in official Gazette, order any district or other local area to be brought under settlement or re- settlement

The State Government

The Partnership Act Free One Liner Notes

Every such district or other local area shall be held to be under settlement operations from the date of the notification until

the issue of another notification declaring such operations to be closed therein

Section 143 of The Rajasthan Land Revenue Act, 1956, deals with

Probable results of resettlement

When the period for which the land revenue of a district or other local area has been settled is about to expire, who may cause a forecast of the probable results of re-settlement to be prepared before issuing a notification under sub-section (1) of Section 142.

the Government

Rajasthan Excise Act Free One Liner Notes

Section 143 of The Rajasthan Land Revenue Act, 1956, deals with

Consideration which shall determine whether re settlement shall be made

In deciding whether a district or any other Local area shall be brought re-settlement, the State Government shall consider

 

 

whether a reasonable increase or decrease of avenue is likely to result;

whether, in case there is a prospect of such an increase there are Satisfactory reasons for post ponding re-settlement

In deciding whether a district or any other Local area shall be brought re-settlement, the State Government shall consider

 

whether the existing assessment has become uneven or is unduly severe or whether other sufficient reasons exist for entering without the prospect of a reasonable increase of revenue upon the work of re-settlement

An increase of revenue which will re-coup the expenditure on re- settlement

ten years shall ordinarily be deemed to be reasonable

Section 145 of The Rajasthan Land Revenue Act, 1956 deals with

Settlement Officers

The State Government, upon the issue of a notification under sub-section (1) of Sec. 142

Rajasthan Rent Control Act Free One Liner Notes  

 

         I.       shall appoint a Settlement Officer to be incharge of the operations referred to in sub- section (2) of Section 142 unless a permanent Settlement Officer shall have been appointed to the district or other local area under such operations, and

II.       may appoint as many Assistant Settlement Officers as it may deem necessary

Section 146 of The Rajasthan Land Revenue Act, 1956 deals with

Transfer of duties of Land Records officer to settlement Officer

When any district or other local area is under settlement operations, the duty of maintaining the maps and filed books and preparing the annual registers may be transferred under the orders of

the State Government from the Land Records Officer, to the Settlement Officer

POCSO Act Free One Liner Notes

Section 147 of The Rajasthan Land Revenue Act, 1956 deals with

Rules

Who by notification in the Official Gazette make rules for the procedure of Settlement Officers in settlement operations?

The State Government may

TPA Free One Liner Notes

 CPC Free Detailed Notes

B-RENT RATES

Section 148 of The Rajasthan Land Revenue Act, 1956 deals with

Economic Survey

When any district or other local area has been brought under settlement operations who shall carry out an economic survey of the condition of the tenants in such district or area?

the Settlement Officer

Constitution Of India Free Detailed Notes

Section 149 of The Rajasthan Land Revenue Act, 1956 deals with

Formation of assessment circles or groups

Simultaneously with, or soon after the completion of, the economic survey referred to in Section 148, who shall from assessment circles or assessments group in the district or area under settlement operations?

the Settlement Officer

The Indian Contract Act Free Detailed Notes

Section 150 of The Rajasthan Land Revenue Act, 1956 deals with

Soil Classification

Who shall also divide villages in each assessment circle or assessment group formed under Section 149 into various soil classes?

The Settlement Officer

BNS Free Detailed Notes

Section 151 of The Rajasthan Land Revenue Act, 1956 deals with

Evolution of rent-rates

Who shall involve suitable rent-rates for each class of soil in each assessment circles or assessment group?

The Settlement Officer

Section 152 of The Rajasthan Land Revenue Act, 1956 deals with

Basic of rent-rates

With a view to moving at fair and equitable rent-rates under Sec. 151, the Settlement Officer shall have regard to

The Limitation Act Free Detailed Notes

 

a.       the collections from rent and cesses in the nature of rent during the twenty years preceding the settlement

b.       the average of the prices of agricultural produce prevailing during the twenty years

c.       the nature of crops grown and the average quantity of the produce

Section 153 of The Rajasthan Land Revenue Act, 1956 deals with

Modifications of rates

Who shall record for each village whether the rent rates evolved by him therefore are applicable without modification or the extent to which they require modification either for the village as a whole or for a specified soil class?

The Settlement Officer

TPA Free Detailed Notes

Section 154 of The Rajasthan Land Revenue Act, 1956 deals with

Matters to be determined and recorded

The Settlement Officer shall, subject to any rules made in this behalf by the State Government under this Act, determine and record -

BNSS Free Detailed Notes

 

a.       Whether rent shall be payable in one instalment or more,

b.       in case rent is payable in more than one instalment,-

                        I.  the number of such instalments, and

                  II.  the proportion thereof payable in each instalment,-

c.       the date for payment of rent or each instalment of rent

Section 155 of The Rajasthan Land Revenue Act, 1956 deals with

Publication and submission of proposals

When rent-rates have been evolve in accordance with Sec. 152 and 153, who shall publish his proposals in respect thereof, along with the basis of the rent-rates evolved by him?

the Settlement Officer

The Partnership Act Free Detailed Notes

Who shall then give a public notice in the prescribed manner inviting objections to the proposals published within the time specified in such notice?

The Settlement Officer

Dowry Prohibition Free Detailed Notes

If within the time any objections are received, who shall consider them and may amend his proposals?

the Settlement Officer

The Settlement Officer shall then submit the proposals, along with the objections received and the orders passed by him thereon, to?

the Settlement Commissioner

 

Section 156 of The Rajasthan Land Revenue Act, 1956 deals with

Sanction of proposals

Who shall scrutinise the proposals received under Section 155 and make such inquiry into any of the matters contained therein as he may think necessary?

The Settlement Commissioner

Indecent representation of women Act Free Detailed Notes

The Settlement Commissioner shall then submit the proposals to whom along with his remarks and recommendations in respect thereof?

the Board

POCSO Act Free Detailed Notes

On receipt of the proposals submitted who may direct further inquiry into any of the matters contained?

the Board

After such further enquiry has been made or held, the Board shall submit the proposals for the sanction of whom?

the State Government

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What does the State Government do when the Board submit the proposal for sanction?

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          I.       sanction the proposals as recommended by the Board or

   II.       direct such further enquiry to be made as it may deem necessary, or

What does the State Government do when the Board submit the proposal for sanction?

Medical Termination of Pregnancy Act Free Detailed Notes

return the proposals for the reconsideration of the Board, or

sanction the proposals with such modifications as it may deem fit; and the rent- rates so sanctioned shall be the sanctioned rent-rates

 Hindu Marriage Act Free Detailed Notes

C- DETERMINATION OF RENTS

Section 157 of The Rajasthan Land Revenue Act, 1956 deals with

Assessment of rents

On the basis of the sanctioned rent- rates, who shall proceed to asses rent payable, whether by way of abatement, enhancement, communication or otherwise of the existing rent, for each holding in the district or area under settlement operations?

the Settlement Officer

Muslim Law Free Detailed Notes

Section 158 of The Rajasthan Land Revenue Act, 1956 deals with

Land to be excluded from assessment

The Settlement Officer shall exclude from assessment all land of the following descriptions, namely -

BNS Free Bare Act

   I.       land occupied by the buildings with their appurtenances,

    II.       permanent threshing floors;

          III.       grave-yards, cremation grounds and play-grounds;

            IV.       permanent roads and pathways; and

                   V.       unculturable land.

Section 159 of The Rajasthan Land Revenue Act, 1956 deals with

Allowance for improvements

Where an improvement has been lawfully made in relation to, a holding by or at the cost of a tenant, who shall assess the rent in a manner so as to ensure to such tenant the enjoyment of the full benefits arising from such improvement for the period of twenty years in the aggregate, commencing from the date on which the improvement was completed?

the Settlement Officer

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Whether the tenant liable during such period to any enhancement of rent for increased produce or otherwise arising from such improvement?

No

 

Section 160 of The Rajasthan Land Revenue Act, 1956 deals with

Existing rent to be taken Into consideration while assessing rents

In assessing the rent for the assessable area of a holding under Section 157, who shall also have regard to the rent actually being paid and also to the difference between such existing rent and the valuation of the holding at the appropriate sanctioned rent-rates?

the Settlement Officer

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Section 161 of The Rajasthan Land Revenue Act, 1956 deals with

Limits of enhancement

Where the rent for a holding assessed under Section 157 existing rent thereof, such existing rent shall not be enhanced by more than one fourth thereof subject to the condition that the rent so assessed shall

in no case be less than three quarters of the valuation of the holding at the appropriate sanctioned rent-rates.

 

Section 162 of The Rajasthan Land Revenue Act, 1956 deals with

Progressive enhancement

What happen where the rent for a holding assessed under Section 157 read with Section 161 exceeds one- fourth of its existing rent and three-quarters of its valuation at the appropriate sanctioned rent-rates?

such excess shall be ordered to take effect by annual increments extending over a number of years not exceeding three, and the full rent so assessed shall become payable on the expiry of such number of years

Section 163 of The Rajasthan Land Revenue Act, 1956 deals with

Additional provision for assessment of Chahi holdings

What does “Chahi holdings” denotes?

Well irrigated

Section 164 of The Rajasthan Land Revenue Act, 1956 deals with

Preparation and distribution of parchas

When rents have been assessed who cause assessment parches to be prepared for an holdings in the district or other area under settlement operands?

the Settlement Officer

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Section 165 of The Rajasthan Land Revenue Act, 1956 deals with

Interim stoppage of recovery of kind rents

If the Settlement Officer is satisfied that on account of strained relation & between land-holders and tenants in such district or area or for any other sufficient reason, It is expedient to stop the recovery of rents in kind therein, he may make a recommendation in that behalf to?

the State Government

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Who shall submit the recommendation of the Settlement Officer to the State Government with such remarks as he may deem fit?

The Settlement Commissioner

Section 166 of The Rajasthan Land Revenue Act, 1956 deals with

Hearing of objections and determination of rent

If the tenant or the land-holder presents and objection within thirty days of the issue of proclamation under sub-section (4) of Section 164, who shall hear it, dispose of it in accordance with law, and, after recording his order, determine of the holding?

the Settlement Officer

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Section 167 of The Rajasthan Land Revenue Act, 1956 deals with

Rent from what date payable

The rent determined by order of the Settlement Officer under Section 166 shall be payable from the date of commencement of the term of the settlement

unless the Settlement Officer thinks fit, for any reasons, to direct that it rent shall be payable from some earlier date

Section 168 of The Rajasthan Land Revenue Act, 1956 deals with

Option to tenant to refuse rent determined

Any tenant for whose holding rent has been determined by order of the Settlement Officer under Section 167 may

within thirty days from the date of such order, refuse in writing to accept the rent determined.

Section 169 of The Rajasthan Land Revenue Act, 1956 deals with

Effect of refusal

Upon such refusal the tenant shall

forthwith vacate the holding.

Section 170 of The Rajasthan Land Revenue Act, 1956 deals with

Offer of holding to other persons

Upon the vacation of or ejectment from a holding under Section 169; the same shall be available for and may be offered to another person

for being admitted as the tenant thereof in accordance with law

Section 171 of The Rajasthan Land Revenue Act, 1956 deals with

Procedure upon non-refusal

If the tenant does not refuse to accept the rent in accordance with the provisions of Section 168

He shall be deemed to have accepted the rent determined under Section 166 and shall be liable to pay the same in accordance with Section 167.

Section 172 of The Rajasthan Land Revenue Act, 1956 deals with

Rent not liable to variation during currency of settlement

The rent of a holding fixed by order of the Settlement Officer under Section 166 shall not be liable to variation during the term of the settlement laid down in or fixed under Section 175?

otherwise, than in accordance with the provisions of this Act or of the Rajasthan Tenancy Act, 1955

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Section 173 of The Rajasthan Land Revenue Act, 1956 deals with

Preparation of Dastoor Ganwai

Who shall prepare a Wajib-ul- arz or Dastoor Ganwai for each village in the distinct of other local area under settlement operations?

The Settlement Officer

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Who shall, subject to rules made under this Act, ascertain and record on each such Wajib-uI-arz or Dastoor Ganwai?

The Settlement Officer

Section 174 of The Rajasthan Land Revenue Act, 1956 deals with

Presumption of settlement entries

All entries in the Wajib-ul-arz or Dastoor Ganwai prepared under Section 173 shall be presumed to be

true until the contrary is proved

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D- TERM OF SETTLEMENT

Section 175 of The Rajasthan Land Revenue Act, 1956 deals with

Term of Settlement

What is the term of every settlement made under this Act?

shall be twenty years

Who may extend the term beyond twenty years, having regard to the pressure of the population on the land, the extent to which culturable area is cultivated and the fullness of the rentals?

the State Government

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Section 175A of The Rajasthan Land Revenue Act, 1956 deals with

commencement of term of settlement

The term of every settlement made under this Act shall commence from such date as.

the State Government may, by notification in the Official Gazette, direct

Section 176 of The Rajasthan Land Revenue Act, 1956 deals with

Senior terminology of settlement

Section 176-A of The Rajasthan Land Revenue Act, 1956 deals with

Interim relief during settlement operations

When any district or other local area is ordered to be brought under resettlement under sub-section (1) of Section 142 or under sub section (2) Of Section 176, who order interim relief to be given to the tenants thereof on such conditions as it may deem fit?

the State Government may

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Section 177 of The Rajasthan Land Revenue Act, 1956 deals with

Tenure of land under expired settlement until resettlement

All persons contrasting to hold land after the expiry or termination of the term of a settlement shall subject to the provisions of sub-section (1) of section 176-A hold the same upon the conditions of such settlement

until a new settlement is made

 

Section 177A of The Rajasthan Land Revenue Act, 1956 deals with

Increase in assessment of irrigated land assessed at un-irrigated rates

If any land held by a tenant is irrigated by canal constructed at the experience of State Government and if such land is assessed at unirrigated rates, the tenant shall, as from the date of commencement of the Rajasthan Finance Act, 1979 or from the date from which the land first gets irrigated from the canal

whichever is later, be liable to pay rent enhanced Rs. 1.50 per bigha, until a new settlement takes place

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What does the term “Bigha” shall mean?

an area equivalent to 5/8th of an acre.

The tenant liable to pay enhanced rent may, within how many days from the date from which he becomes liable to pay enhanced rent, refuse in writing to accept the rent enhanced?

30 days

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E- INTERMEDIATE REVISION

Section 178 of The Rajasthan Land Revenue Act, 1956 deals with

Short term settlement

When the term of settlement fixed for any local area is less than that fixed for the entire district or other area under settlement operations, and such term expires, who shall have been appointed, such Settlement Officer, shall assess rents for such local area in accordance with rules made under this Act?

the Collector or, in district to which a Settlement Officer

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Section 179 of The Rajasthan Land Revenue Act, 1956 deals with

Settlement of land added by alluvion and revision of assessment when culturable area reduced by fluvial action

Land added by alluvion to a holding may be assessed to rent by whom?

the Collector or by a permanent Settlement Officer

When the culturable area of any holding has been diminished by fluvial action or otherwise?

the Collector or a permanent Settlement Officer may revise the assessment

No revision of assessment made under the foregoing sub-sections shall be final until it

has been sanctioned by the Settlement Commissioner

Section 180 of The Rajasthan Land Revenue Act, 1956 deals with

Power of Government to levy additional urban rates

Who may at any time, by notification in the Official Gazette, direct that any urban area that may have developed in State shall be subject to the levy, In accordance with rules made under this Act, of a special urban rate in addition to rent?

The agricultural output and soil fertility of the land

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F- MISCELLANEOUS

Section 181 of The Rajasthan Land Revenue Act, 1956 deals with

Applications and proceedings pending before Settlement Officer when operations are closed

When the settlement operations in any area are closed by notification under Sec. 142, all applications and proceedings then pending before the Settlement Officer shall

unless a permanent Settlement Officer shall have been appointed to such area, be transferred to the Collector who shall have the Powers of a Settlement Officer for the disposal

Section 182 of The Rajasthan Land Revenue Act, 1956 deals with

Corrections of errors and omissions

The Settlement Officer may of his own motion or otherwise correct any error or omission that may be discovered-

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a.       in the formation of assessment circles or assessment groups, classification or soils and evolution or rent-rates at any stage before his proposals

b.       in the assessment of rents of holdings at any stage before such rents and determined under Section 166

Section 183 of The Rajasthan Land Revenue Act, 1956 deals with

Review of sanctioned rent-rates

The State Government may, if satisfied before the closing of settlement operations by a notification under sub- section (2) of Section 142 that the rent rates sanctioned under sub-section (5) of Section 156 by the State Government need modification of account of the discovery of any error or omission: -

a.       in the formation of assessment circles or assessment groups, or

b.       the classification of soil, or

c.       the evolution of rent-rates for any class of soil order that such canal one rent-rates reviewed by the Settlement Officer

Who shall thereupon proceed to frame his modified proposals in the prescribed manner and the provisions of Sec155 and 156 shall apply?

The Settlement Officer

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CHAPTER IX

PARTITION OF ESTATES

Section 184 of The Rajasthan Land Revenue Act, 1956 deals with

Partition

What does the term “Partition” means?

the division of a partible estate in to two or more portions, each consisting of one or more shares

Section 185 of The Rajasthan Land Revenue Act, 1956 deals with

Partible estates

All estates shall be presumed to be impartial unless

proved by custom or otherwise to be partible

Section 186 of The Rajasthan Land Revenue Act, 1956 deals with

Persons entitled to swim partition

Every co-sharer of audible estate may claim partition of his share in such estate. 

Any number of co-shares may join in such claim

Section 187 of The Rajasthan Land Revenue Act, 1956 deals with

 

Application for partition

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An application for partition shall contain the prescribed particulars and shall be accompanied by a certified copy of the annual register of estate holder and by any other document on which the claim

for partition is based and may be presented by one or jointly by two or more of the recorded Go-shares of an estate

When any share is in possession of a mortgage no application of partition by either Mortgagor or mortgagee shall be entertained

unless both have joined in such application or unless either of them has been made the opposite party thereto

Section 188 of The Rajasthan Land Revenue Act, 1956 deals with

To whom application lies

An application for partition shall lie and be presented to

the Collector of the district in which the estate sought to be partitioned is situated

Section 189 of The Rajasthan Land Revenue Act, 1956 deals with

Partition of an estate falling under several districts

When an estate is situated in two or more districts, the partition shall be made if

such districts are in the same division as the Commissioner may direct, or, if such districts are in different division as the Board may direct

Section 190 of The Rajasthan Land Revenue Act, 1956 deals with

Consolidation of claims

Where several claimants have brought separate claims for partition of the same estate, all such claims shall be consolidated for purpose of

being tried together as a single claim and shall be disposed of by one judgment

 

Section 191 of The Rajasthan Land Revenue Act, 1956 deals with

Power to stay partition of an estate

If on receipt of the application or any other state of partition, there appears to be any sufficient reason, for staying or refusing the partition of an estate, the Collector, Sub Divisional-Officer Assistant Collector to whom the application is presented or before whom the application is pending

may stay the addition and order the proceedings, to be quashed

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Section 192 of The Rajasthan Land Revenue Act, 1956 deals with

Proclamation of application for partition

The Collector on receiving an application for partition shall, issue a proclamation calling upon such of the recorded co- sharers in the estate sought to be partitioned as have not joined in the application to appear before him in person or by a duly authorized agent on a day

not less than thirty or more than sixty days from the date issue thereof, and to state their objections, if any, to the partition A copy of the proclamation shall be served on each co-sharer

Section 193 of The Rajasthan Land Revenue Act, 1956 deals with

Objection raising question of title

If, on or before the day so fixed, any objection is made by a recorded co-sharer, involving a question of proprietary title, which has not been already determined by a court of competent jurisdiction, the Collector may either

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a.       Decline to grant the application the question in dispute has been determined by a competent court, or

b.       require any party to the case to institute within three months a suit in the civil court for the determination of such question, or

c.       proceed to enquire summarily into the merits of such question

When proceedings have been postponed, if such party fails to comply with the requisition, who shall decide the question against him?

the Collector

 

Section 194 of The Rajasthan Land Revenue Act, 1956 deals with

Stay of partition pending decision of appeal

Who may issue a precept to the Collector, acting him to stay the partition pending the decision of the appeal, whether the appeal spending from a civil court under section 193(1)(b) or from the court of the Collector under Section 193(3)?

The appellate court

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Section 195 of The Rajasthan Land Revenue Act, 1956 deals with

Attachment of estate pending completion of partition

At any stage of the application, who may, with the sanction of the Board, attach the entire estate and hold it under direct management pending the completion of the partition?

the Collector

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Section 196 of The Rajasthan Land Revenue Act, 1956 deals with

Method of trial

The Collector shall direct the patwari?

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a.       to mark on the map of the estate in some distinctive colour the actual area sought to be partitioned.

b.       to show thereon the actual soil-classification.

c.       to prepare necessary abstracts from his khadra (field-book) and Khatauni (record of cultivators) and other statements required for completing the partition.

Section 197 of The Rajasthan Land Revenue Act, 1956 deals with

Determination of principles and conditions of valuations

Who shall than proceed to determine, in accordance with rules made by the State Government in that behalf, the general principles and conditions of valuation of all classes of lands comprising the estate sought to be partitioned, with a view to making a just estimate of the value of the various plots therein, relatively to one another?

The Collector

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Section 198 of The Rajasthan Land Revenue Act, 1956 deals with

Preliminary decree for partition

Upon completion of the inquiry prescribed by Section 196 who shall, if he does not dismiss application at this or any earlier stage, make a preliminary order in the prescribed form, declaring the nature and extent of the share of each claimant for partition, specifying the number of portions into which the estate shall be divided and the extent of each portion?

the Collector

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Section 199 of The Rajasthan Land Revenue Act, 1956 deals with

Partition by whom to be made

When the preliminary order for partition has been made who shall allow the parties to make the partition themselves or appoint arbitrators for the purpose?

the Collector

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Section 200 of The Rajasthan Land Revenue Act, 1956 deals with

Partition by agreement

If the parties agree to make the partition themselves, then.

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a.       a date shall be fixed to which the partition is to be completed,

b.       such copies of the relevant records as they require shall be given to them free of charge.

Section 201 of The Rajasthan Land Revenue Act, 1956 deals with

Partition by arbitration

If the parties agree to appoint and do appoint arbitrators for the purpose of making the partition

the Collector shall refer the partition to their arbitration.

 

Section 202 of The Rajasthan Land Revenue Act, 1956 deals with

Court when to make partition itself

In case of disagreement among the parties to make the partition themselves or to appoint arbitrators for the purpose or when arbitration has been superseded or the award has been set aside

the Collector shall decide to make the partition himself.

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Section 203 of The Rajasthan Land Revenue Act, 1956 deals with

Estimate and levy of partition costs

When the Collector has decided under Section 202 to make the partition himself, he shall immediately cause the cost thereof to be estimated and shall direct that such cost be levied in the first instance from the applicant for partition or all co-shares in such instalments and at such time during the progress of the partition

as may be prescribed by the State Government

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Section 204 of The Rajasthan Land Revenue Act, 1956 deals with

Appointment of amins etc., and issue of warrant

When the estimates costs of partition are paid an amin or other suitable person shall be appointed to carry out the partition and who shall issue a warrant of commission in his name for the purpose and supply him with all the necessary papers and information?

the Collector

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Section 205 of The Rajasthan Land Revenue Act, 1956 deals with

Manner of executing warrant

The amin or other person appointed as aforesaid to make the partition shall, upon the receipt of the warrant of commission

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      I.       open and maintain a diary in which shall be recorded the date of the receipt of the warrant

         II.       prepare a programme for personal inspection

III.       prepare and place on record a tentative list

   IV.       proceed to the spot inspect the lands

Section 206 of The Rajasthan Land Revenue Act, 1956 deals with

Issue of proclamation

On receiving the report who shall issue a proclamation calling upon all papers concerned to appear on a date to on fixed therein and state their claims or objections?

the Collector

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The collector causes a copy of such proclamation to be served on the parties requiring them to file their objections, if any?

within fifteen days, from the service thereof.

 

Section 207 of The Rajasthan Land Revenue Act, 1956 deals with

Consideration of proposals and determination of claims and objections

On the date fixed, the Collector shall?

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a.       hear and dispose of, one by one-

        I.       the objections made by the parties, and

        II.       the claims and objections lodged by other persons, and

b.       then examine the proposals to see if they are accordance with the terms of the preliminary order and comply with the provisions of law.

Section 208 of The Rajasthan Land Revenue Act, 1956 deals with

Division of tenants's holding

In making partition the division of tenant's holdings shall, as for as possible, be avoided and where such division is unavoidable

the rent of each holding shall be distributed over the parts divided off.

Section 209 of The Rajasthan Land Revenue Act, 1956 deals with

Division of khudkasht

Lands in which khudkasht rights have accrued and subsist for the time being shall be separately divided so that each portion made is allotted such part thereof as is proportionate in value to the extent of

the share or shares constituting such portion.

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Section 210 of The Rajasthan Land Revenue Act, 1956 deals with

Allotment of lands held in common

Which type of lands shall be allotted in a manner so as to ensure that each portion gets such part thereof as disproportionate in value to the share or shares constituting it.

Lands held in common

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Which type of land shall be aliened to the portion of the co-sharer or co-sharers holding them?

Lands held in severalty

Section 211 of The Rajasthan Land Revenue Act, 1956 deals with

Buildings, gardens etc. of one co sharer on land allotted to another

If in making a partition it is necessary to include in the portion aliened to a co-sharers the lands occupied by a dwelling house or other building or by gardens or orchards in the possession agony other co- sharer or which are of special value such other co-sharer in consequence of improvements made by him thereon at his own expense

the latter shall be allowed to retain such lands with the buildings, orchards and improvements thereon, on condition of his paying therefore a reasonable ground-rent

 

Section 212 of The Rajasthan Land Revenue Act, 1956 deals with

Tanks, wells, water courses and embankments

Tanks, wells, water-courses and embankments shall be considered as

attached to the land for the benefit of which they were originally made.

Section 213 of The Rajasthan Land Revenue Act, 1956 deals with

Places of worship and cremation or burial grounds

Places of worship and cremation or burial grounds held in common before the partition shall continue to be so held, unless

the persons holding them otherwise decide by an agreement, which shall be filed with the record

Section 214 of The Rajasthan Land Revenue Act, 1956 deals with

Incompactness a reason for disallowing partition

In making a partition the several portions into which the estate is divided shall be made as compact as possible, provided that, except with

the sanction of the Board no partition shall be disallowed solely on the ground of incompactness.

Section 215 of The Rajasthan Land Revenue Act, 1956 deals with

Distribution of revenue on partition

Where partition has been made by agreement or by arbitration or by Collector, who shall, distribute the revenue of the estate over the several partition into which the estate is divided?

the Collector

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Section 216 of The Rajasthan Land Revenue Act, 1956 deals with

Final order for partition

Who shall draw up a final order for partition?

the Collector

Section 217 of The Rajasthan Land Revenue Act, 1956 deals with

Instrument of partition

Who shall cause in respect of each portion divided off from the estate an instrument of partition to be prepared in accordance with the terms of the final order in favour of the applicant or the applicants and such instrument shall bear stamp duty?

The Collector

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When the instrument of partitions has been prepared, the Collector shall get the annual registers corrected accordingly and move

the Board to get the necessary entries made in the land records

Section 218 of The Rajasthan Land Revenue Act, 1956 deals with

Delivery of possession of property allotted on partition

Any person or persons to whom any land is allotted in the instrument of partitions shall be entitled separate possession thereof as against the other parties to the partition and their legal representatives, and the Collector shall, on application made to him for the purpose by such person or persons at any time give effect to that instrument as if it were a decree passed by a civil court for recovery of possession over immovable property.

within three years from the date recorded in the instrument of partition under sub- section (1) of Section 217

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Section 219 of The Rajasthan Land Revenue Act, 1956 deals with

Division of complex estates

When an estate consists of two or more village or portions of villages who may direct its diversion into as may estate as may be necessary for administrative convenience?

the State Government

Section 220 of The Rajasthan Land Revenue Act, 1956 deals with

Fraudulent or erroneous distribution of revenue

When in making a partition under this chapter, the revenue has owing to fraud or error, been wrongly distributed, who may, at the time order such a distracting of the revenue of the original estate over the several estates into which it is divided as, but for the error or fraud, would have been made at the time of partition?

the Board

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Section 221 of The Rajasthan Land Revenue Act, 1956 deals with

Under-assessed estates to refund to over-assessed estates

Who direct that any proprietor whose estate has been found to have been under- assessed shall for each year, not exceeding three years in all, in which he has held possession, of his separate estate, be required to pay to the recorded proprietor of any estate which has been over-assessed a sum equal to the annual amount by which the first mentioned estate shall be found to have been under- assessed?

The Board

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Whether an order passed under the union shall be questioned in any civil or revenue court?

No

 

Section 222 of The Rajasthan Land Revenue Act, 1956 deals with

Consolidation of estates forming part of the same village

If two or more revenue paying estates from portions of the same village, the estate-holders may apply to whom for the consolidation of the same into a single estate, and the Collector may, at his discretion, grant such application, and in such case shall correct the annual registers accordingly?

the Collector

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Section 223 of The Rajasthan Land Revenue Act, 1956 deals with

Chapter not to apply to division between Government and estate holder

The provisions of this Chapter shall not apply to the division of an estate between its holder and the State Government and whenever such division becomes necessary it shall be made by

the Collector

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The Collector's proposals shall be submitted to

the State Government through the Board for approval.

Every such division shall be made in accordance with

rules made by the State Government in that behalf.

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CHAPTER X

COLLECTION OF REVENUE

Section 224 of The Rajasthan Land Revenue Act, 1956, deals with

Revenue, a first charge on land and its produce

The revenue or rent assessed on every estate or holding shall be

first charge thereon and on the rents, profits or produce thereof.

The rents profits and produce of such estate or holding shall not be applied in satisfaction of a decree or order of any civil or revenue court

until all arrears of the revenue or rent due in respect thereof have been paid.

Section 225 of The Rajasthan Land Revenue Act, 1956, deals with

Responsibility for revenue

Who are jointly and severally responsible to the State Government for the rent for the time being payable?

All the holders and co-sharers of an estate

Who are jointly and severally responsible to the State Government for the rent for the time being payable?

All tenants and co-tenants of a holding situated beyond an estate

All persons coming into possession of an estate or a holding, shall be responsible for

all arrears of revenue or rent due at the time of their coming into possession

The expression “holder” in this chapter means?

a person in possession for his own benefit and includes a mortgagee and a lessee of the holder’s rights.

Section 226 of The Rajasthan Land Revenue Act, 1956, deals with

Rules as to payment of arrears and defaulters

The revenue or rent shall be paid in such instalments, to such persons and such times and places and in such manner, as may be prescribed, and any sum not so paid

becomes an arrear of revenue or rent, and the persons responsible for its become defaulters

Until the State Government directs otherwise, the revenue or rent for the time being payable to the State Government shall be paid through

the Patwari of the Circle

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Section 227 of The Rajasthan Land Revenue Act, 1956, deals with

Certified account to be evidence as to arrears

A statement of account, certified by the Tehsildar shall for the purpose of the Chapter

be conclusive evidence of the existence of the arrear, of its amount and of person who is the defaulter

Section 228 of The Rajasthan Land Revenue Act, 1956, deals with

Processes for recovery of arrears

An arrear of revenue or rent may be recovered by one or more of the following processes:

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a.       By serving a writ of demand or a citation to appear on any of the defaulters;

b.       By attachment and sale of his movable property;

c.       By attachment of the specific area, share, patti or estate, in respect of which the arrears is due

An arrear of revenue or rent may be recovered by one or more of the following processes:

By transfer of such share or patti to a solvent co-sharer;

By sale of other immovable property of the defaulter.

Section 229 of The Rajasthan Land Revenue Act, 1956, deals with

Writ of demand and citation to appear

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.

Section 229A of The Rajasthan Land Revenue Act, 1956, deals with

Power to grant Instalments

Who may, in cases of genuine hardship, order that the payment of arrear of revenue or rent chargeable under this Act or under the Rajasthan Tenancy Act, 1955

The Collector

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Who has the power to allow instalment payments of revenue arrears under Section 229A?

Collector

Can a defaulter request instalments after attachment proceedings have started?

Yes, under Section 229A

What does the provision of instalments aim to ensure under Section 229A?

To provide relief in genuine hardship without halting recovery

The Collector may, in cases of genuine hardship, order that the payment of arrear of revenue or rent chargeable for which a writ of demand or a citation has been issued under Section 229, shall be paid in such number of installments

not extending beyond a period of three years

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When any immovable property has been attached by Collector under this Chapter for the recovery of such arrear, the attachment shall, notwithstanding any order fixing installments made under sub-section 91)

continue until the full amount of the arrear, interest due, if any, and the cost of attachment are paid by the defaulter

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Section 230 of The Rajasthan Land Revenue Act, 1956, deals with

Attachment and sale of movable property

Who may attach and sell the movable property of the defaulter?

The Collector

Every attachment and sale ordered under this section shall be made according to the law in force for the time being for the attachment and sale of movable property

under the decree of Civil Court

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Section 231 of The Rajasthan Land Revenue Act, 1956, deals with

Attachment of the Land

Who may, in addition to or instead of any of the other processes, attach and take under his own management any specific area, share, patti or estate in respect of which an arrear is due, and such attachment, shall last till the arrear is liquidated?

The Collector

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On the liquidation of the arrear, the land shall be released and the surplus received, if any?

shall be made over to the defaulter or his legal representative.

Section 232 of The Rajasthan Land Revenue Act, 1956, deals with

Powers and obligations of manager

When any land is so held under direct management, who shall be bound by any engagement which at the time of attachment existed between the defaulter and the tenants and shall be entitled to manage the property so attached and to receive all rents and profits accruing?

the Collector

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Section 233 of The Rajasthan Land Revenue Act, 1956, deals with

Proclamation of attachment

What the collector issue when he attaches any land under Section 231?

he shall issue a proclamation

Payment on account of rent or any other asset of the land, made after the date of such proclamation or in anticipation of due date, to any person other than the Collector

shall relieve the person liable to pay from liability for payment to the Collector.

Section 234 of The Rajasthan Land Revenue Act, 1956, deals with

Transfer of defaulter’s share

When the arrear is due in respect of a share or patti or an estate, the Collector may, in addition, to, or instead of, any of the processes hereinafter specified with the previous sanction of the Board, transfer such share or patti for a term

not exceeding ten years from the first day of July next after the date of the sanction to all or any of the co-sharers of the estate

Section 235 of The Rajasthan Land Revenue Act, 1956, deals with

Sale of defaulter’s specific area, patti or estate

What will the Collector do in case he is of opinion that the other processes specified are not sufficient for the recovery of an arrear, he may, in addition to or instead of all or any of such other processes?

He sell by auction the specific area, patti or estate in respect of which such arrear is due

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No specific area, pant or estate shall be sold for any arrear which may have accrued while it was -

a.       under the management of the Court of wards

b.       under direct management by the Collector

Section 236 of The Rajasthan Land Revenue Act, 1956, deals with

Land to be sold free of encumbrances

Land sold shall be sold free of all encumbrances, and all contracts previously made by any person other than the purchaser in respect of such land

shall become voidable at the option of the purchaser at the auction sale.

Who may, at any time before the sale has been made, direct that it be made subject touch interesting or rights in land created by the holder thereof, or any person through whom he claims, as set thinks fit?

the State Government

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Section 237 of The Rajasthan Land Revenue Act, 1956, deals with

Powers to proceed against Interest of defaulter In property other than that In respect of which default is made

What will happen if an arrear cannot be recovered by any of the above process and the defaulter owns, or 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 the revenue or rent is due under the provisions of this Act

Section 238 of The Rajasthan Land Revenue Act, 1956, deals with

Proclamation of sale

When the sale of any land or other immovable property has been sanctioned under Section 235 or Section 237, who shall issue a proclamation of the intended sale, specifying the land to be sold the time and place of sales, whether or not the land is to be sold free of encumbrances and any other particulars, the Collector may think necessary?

The Collector

The Chhattisgarh Land Revenue Code Act Free Bare Act

Section 239 of The Rajasthan Land Revenue Act, 1956, deals with

Sale when and by whom to be made

Who made every Sale under this Chapter?

shall be made either by the Collector in person or by an Assistant Collector or Tehsildar specially appointed by him.

When does not such sale shall take place?

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a Sunday or other authorised holiday or until after the expiration of at least thirty days from the date on which the proclamation thereof was issued.

Who may from time to time, postpone the sale?

The Collector

Section 240 of The Rajasthan Land Revenue Act, 1956, deals with

Prohibition to bid for an acquire the property sold

Can an officer having any duty to perform in connection with any such sale, and a person employed by or subordinate to such officer either directly or indirectly bid for acquire or attempt to acquire the property sold?

No

 

Section 241 of The Rajasthan Land Revenue Act, 1956, deals with

When sale may be stayed

What happen when the defaulter pays the arrear in respect of which the land or other immovable property is to be sold, any time before the day fixed for the sale, to the person appointed to receive payment of the revenue or rent or to the Collector, or to the Assistant Collector in charge of the sub-division in which the land or other immovable property is situated?

the sale shall be stayed

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Section 242 of The Rajasthan Land Revenue Act, 1956, deals with

Deposit by purchaser, re-sale in default of deposit

The person, declared to be the purchaser, shall be required to deposit immediately how much of the amount of his bid?

twenty-five per cent of the amount

In default of such deposit, the land or other immovable property shall forthwith be again put up and sold; and such person shall be liable for the expenses attending the first sale and any deficiency of price which may occur on the re-sale, which may be recovered from him?

by the Collector, as if the same were an arrear of revenue

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Section 243 of The Rajasthan Land Revenue Act, 1956, deals with

Purchase money when to be paid

The full amount of purchase money shall be paid by the purchaser at the Collector’s office on or before?

the fifteenth day from the date of the sale.

What will happen if the purchase money is not so paid?

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the deposit, after the expenses of the sale have been defrayed therefrom, may be forfeited to Government, and the property shall be resold, and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may be subsequently sold.

Section 244 of The Rajasthan Land Revenue Act, 1956, deals with

Liability of purchaser for loss by re-sale

What will happen if the proceeds of sale, which is eventually made, are less than the price bid by such defaulting purchaser?

the difference shall be recoverable from him, as if it were an arrear of revenue.

Section 245 of The Rajasthan Land Revenue Act, 1956, deals with

Proclamation before re-sale

Whether sale after postponement under Section 239 and re-sale under Section 242 in default of payment of the purchase money shall be made?

No (until a fresh proclamation has been issued as prescribed for the original sale)

Section 246 of The Rajasthan Land Revenue Act, 1956, deals with

Application to set aside sale on deposit of arrear

Any person whose land or other immovable property has been sold under this Act may, at any time within thirty days from the date of sale, apply to have the sale set aside on his depositing in the Collector's office

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a.       for payment to the purchaser a sum equal to five per cent of the purchase-money; and

b.       for payment, on account of the arrear, the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, loss any amount which may, since the date of such proclamation of sale, have been paid on that account; and

c.       the cost of the sale

What will happen if such deposit is made within the thirty days?

the Collector shall pass an order setting aside the sale

Section 247 of The Rajasthan Land Revenue Act, 1956, deals with

Application to set aside the sale for irregularity etc

To whom an application may be made at any time within thirty days from the date of the sale?

to the Collector to set aside the sale on the mound of some material Irregularity or mistake in publishing or conducting It.

No sale shall be set aside on such ground unless

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the applicant proves the satisfaction of the Collector that he has substantial injury by reason of such irregularity or mistake.

Section 248 of The Rajasthan Land Revenue Act, 1956, deals with

Order confirming or setting aside sale

On the expiration of thirty days from the date of the sale if no such application as is mentioned in Section 246 or Section 247 has been made, or if such application has been made and rejected the Collector shall pass on order confirming the sale and, if such application under Section 247 is made and allowed

the Collector shall pass on order setting aside the sale.

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Section 249 of The Rajasthan Land Revenue Act, 1956, deals with

Bar of claims founded on irregularity of mistake

 

If no application under Section 247 is made within the time allowed therefore, all claims on the ground of

irregularity or mistake in publishing or conducting the sale shall be barred

Provided that nothing herein contained shall bar the institution of a suit in the civil court

for the purpose of setting aside a sale on the ground of fraud

Section 250 of The Rajasthan Land Revenue Act, 1956, deals with

Refund of purchase-money when sale set aside

Whenever the sale of any land other immovable property is set aside under Section 248 the purchaser shall be entitled to receive back purchase money with interest

at such rate not exceeding six per cent per annum or without interest, as the Collector thinks fits.

Section 251 of The Rajasthan Land Revenue Act, 1956, deals with

Purchaser to be put in possession – Certificate of Purchase

After a sale of land or other immovable property under this Act has been confirmed who shall put the person declare to the purchaser into possession of such property, and shall grant him a certificate to the effect that he has purchased the property to which the certificate refers, and such certificate shall be deemed to be a valid transfer of such property but need not be registered as a conveyance except as provided by Section 89 of the Indian Registration Act, 1908?

the Collector

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Section 252 of The Rajasthan Land Revenue Act, 1956, deals with

Application of proceeds of sale

Section 253 of The Rajasthan Land Revenue Act, 1956, deals with

Liability of purchaser for revenue or rent

The person named in the certificate of sale as purchaser of any land shall be liable for all instalments of revenue or rent becoming due in respect of such land

after the date of the confirmation of the sale.

Section 254 of The Rajasthan Land Revenue Act, 1956, deals with

Pre-emption by co-sharers

When any land sold under Section 235 or Section 237 is a portion of an estate any recorded co-sharer in the state, other than the person whose land has been sold, may if the lot has been knocked down to a stranger

claim to take the said land at the sum last bid

 

The said demand of pre-emption be made within how many days of sale?

seven days

Section 256 of The Rajasthan Land Revenue Act, 1956, deals with

Recovery of miscellaneous revenue and other money

The miscellaneous revenue and other money may be recovered under this Act in the same manner

as an arrear of revenue

 

Section 257 of The Rajasthan Land Revenue Act, 1956, deals with

Recovery of moneys from sureties

Every person who may have become a surety under any of the provisions of this Act or under any other enactment or any grant, lease or contract where under the sum secured, is recoverable from the principal as an arrear of revenue, shall

on failure to pay the amount or any portion thereof which he may have become liable to pay under the terms of his security bond, be liable to be proceeded against as if such amount of portion thereof where an arrear of revenue.

Section 257-A of The Rajasthan Land Revenue Act, 1956, deals with

Application for Recovery of Moneys referred to in Sections 256 and 257

Any officer or authority, to whom any sum of money referred to in Section 256 or Section 257 is due and payable

shall make to the Collector an application in writing in the prescribed form

Section 257-B of The Rajasthan Land Revenue Act, 1956, deals with

Payment under protest and further remedy

If proceedings are taken under this chapter against any person for the recovery of any sum of money referred to in Section 256 or Section 257, such person may at any time, before any property attached in such proceedings is knocked down at a sale thereof

pay the amount claimed and at the same time deliver a protest signed by himself, or by his authorized agent to the revenue officer taking such proceedings.

When any amount is paid under protest, such amount along with the protest shall be

forwarded to the officer or authority at whose instance proceedings were so started.

What right does the person has while making a payment under protest?

shall have the right to Institute a suit for the recovery of the whole or a part of the sum so paid under protest.

Whether any suit lie or be instituted, if any law under which the sum of money paid under protest is due, provides a remedy, whether by way of suit, appeal, application or other proceedings, to the person from whom such sum was recovered?

No suit shall lie or be instituted

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No appeal or reference shall lie from an order of a revenue officer passed in proceedings taken under this chapter

for the recovery of sums of money referred to in Section 256 and 257

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CHAPTER XI

MISCELLANEOUS

Section 258 of The Rajasthan Land Revenue Act, 1956, deals with

Recovery of costs etc.

All rates, costs, charges, fees, fine, penalties and other moneys payable to Government under this Act shall be recoverable

as arrears of revenue.

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Section 259 of The Rajasthan Land Revenue Act, 1956, deals with

Jurisdiction of civil courts excluded

Whether suit or other proceedings shall lie or be instituted in any civil court with respect to any matter arising under, and provided for, by this Act?

No

 

If, in a boundary dispute or any other dispute between estate-holders, a question of title is involved,

a civil suit may be brought for the adjudication of such question

Section 260 of The Rajasthan Land Revenue Act, 1956, deals with

Delegation

The State Government may, by notification in the Official Gazette

delegate all or any of its powers under this Act, to the Board or the Commissioner or the Settlement Commissioner or the Director of Land Records or a Collector

Section 261 of The Rajasthan Land Revenue Act, 1956, deals with

Power to make rules

Who may, with the previous sanction of the State Government, make rules consistent with the provisions of this Act and of the rules?

The Board

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Section 262 of The Rajasthan Land Revenue Act, 1956, deals with

Patwaris, etc. to be public servants

Every Patwari, Girdawar Qanungo or land Records Inspector and Sadar Qanungo appointed under Chapter III and every person appointed temporarily to discharge the duties of any of them shall be deemed to be a public servant within the meaning of and all official and the property of the State.

S. 21 of the Indian Penal Code or sec 2(28) of BNS, 2023

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Section 263 of The Rajasthan Land Revenue Act, 1956, deals with

Repeal and Savings

Whether the repeal of any enactment or law by this Act will legalize any practice which immediately before the passing of this Act was illegal?

No

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