142. Settlement or re-settlement –

(1) The State Government may, by notification in  91[official Gazette], order any district or other local area to be brought under settlement or re settlement, as the case may be. 

(2) Every such district or other local area shall be held to be under settlement  operations from the date of the notification under sub-section 91) until the issue of another  notification declaring such operations to be closed therein. 

(91 Substitute by Sec. 4 of Raj. Act No. 2 of 1958, Pub. on dt. 13-1-1958.)

143. Probable results of resettlement -

When the period for which the land revenue of a  district or other local area has bean settled is about to expire, the Government 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. 

144. Consideration which shall determine whether re settlement shall be made -

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

(i) whether a reasonable increase or decrease of avenue is likely to result; (ii) whether, in case there is a prospect of such an increase there are Satisfactory  reasons for post ponding re-settlement. 

(iii) 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 e upon the work of re-settlement : 

Provided that an increase of revenue which will re-coup the expenditure on re settlement in ten years shall ordinarily be deemed to be reasonable. 

145. Settlement Officers -

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

(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. 

146. Transfer of duties of Land Records OHicer 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, who shall thereupon  exercise all the powers conferred on the Land Records Officer by Chapter VI. 

147. Rules -

The State Government may, by notification in the 92[Official Gazette] make rules  for the procedure of Settlement Officers in settlement operations. 

(92 Substituted by Sec. 4 of Raj. Act No. 2 of 1958, Pub. in Raj. Gaz. Part IV Ext-ord., dt. 13-1-1958 )

148. Economic Survey –

When any district or other local area has been brought under  settlement operations, the Settlement Officer shall carry out an economic survey of the  condition of the tenants in such district or area and in doing so shall have regard particularly to  the following ters, namely - 

(a) extent to which the district or area is protected by irrigation, and increase, if any, in  irrigation facilities since the last settlment, if any: 

(b) standard of cultivation; and increase or decrease in culrivated area since the last  settlement, if any; 

(c) expenses of cultivation and the cost to the cultivator of maintaining himself and his  family; 

(d) existence of markets in, or in the vicinity of, the district or area under settlement;

(e) means of communication and improvements, since the last settlement, if any; (f) size of the holding; 

(g) extent of indebtedness among tenants and credit facilities. 

149. Formation of assessment circles or groups –

(1) Simultaneously with, or soon after  the completion of, the economic survey referred to in Section 148, the Settlement Officer shall  from assessment circles or assessments group in the district or area under settlement  operations. 

(2) In forming assessment circles or assessment groups, the Settlement Officer shall  have regard to homogenity in respect of the matters specified in Section 148 and of the  following further maters namely :- 

(a) physical configuration. 

(b) climate and rainfall; 

(c) population and availability of labour; 

(d) agricultural resources; 

(e) nature of the principal crops grown, alongwith the quantity of procedure thereof as  well as the prices thereof prevailing in the market; 

(f) the rates at which rents are being paid for holdings; and 

(g) the assessment circles or assessmen groups fromed during the last settlement, if  any. 

150. Soil Classification –

The Settlement Officer shall also divide villages in each assessent  circle or assessment group formed under Section 149 into various soil classes in accordance  with rules made in that behalf. 

151. Evolution of rent-rates -

The Settlement Officer shall then involve suitable rent-rates  for each class of soil in each assessment circles or assessment group, as the case may be. 

152. Basic of rent-rates -

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

(a) the collections from rent and cesses in the nature of rent during the twenty years  preceding the settlement, excluding such years as the State Govemmentmay, by notification in  the 93[Official Gazette] declare to be abnormal; 

(b) the average of the prices of agricultural produce prevailing during the twenty years  proceeding the settlement, excluding such years as the State Government may, by notification  in the official Gazette], declare to be abnormal; 

(c) the nature of crops grown and the average quantity of the produce; 

(d) the value of such produce at the average price referred to in cl. (b); 

(e) the expenses of cultivation and the cost to the cultivator of maintaining himself and his  family; 

(f) the area of land kept fallow each year out of each holding rotation followed and periods  or rest; 

(g) the frequency of remissions, suspensions and short collections; 

(h) the rent-rates of the settlement, if any; and the share of procedure and commutation  prices at which such rates were evolved; and 

(i) the rent-rates, if any, sanctioned for similar classes of soil in the adjoining areas. (2) The rent-rates to be evolved by the Settlement Officer shall represent such share not  exceeding one-sixth of the value of produce referred to in clause (d) of sub-section (1), as may  be in vague in the areas to which such rent-ratesshall relate. 

(93 Substituted by Sec. 4 of Raj. Act No. 2 of 1958, Pub. in Raj. Gaz. Part IV-A, Ex.-ord. dt. 13-1-1958.)

153. Modifications of rates -

The Settlement Officer shall also 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 therein. 

154. Matters to be determined and recorded -

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

(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, as the case may be, and 

(d) any other matter which he may be directed by such rules to determine and record. 

155. Publication and submission of proposals –

(1) When rent-rates have been evolve  din accordance with Sec. 152 and 153, the Settlement Officer shall publish his proposals in  respect thereof, alongwith the basis of the rent-rates evolved by him, in such manner as may  be prescribed. 

(2) The Settlement Officer shall then give a public notice in the prescribed manner inviting  objections to the proposals published under sub-section (1) within the time specified in such  notice. 

(3) If within the time prescribed in sub-section (2), any objections are received, the  Settlement Officer shall consider them and may amend his proposals in such manner as he  thinks fit. 

(4) The Settlement Officer shall then submit the proposals, alongwith the objections  received and the orders passed by him thereon, to the Settlement Commissioner. 

156. Sanction of proposals –

(1) The Settlement Commissioner shall scrutinies the  proposals received under Section 155 and make such inquiry into any of the matters contained  therein as he may think necessary. 

(2) He shall then submit the proposals to the Board along witkkis remarks and  recommendations in respect thereof. 

(3) On receipt of the proposals submitted under sub section (2), the Board may direct  further inquiry into any of the matters contained therein. 

(4) After such further enquiry, if any, as is referred to in sub-section (3), has been made  or held, the Board shall submit the proposals for the sanction of the State Government either  without any modification or with such modifications in the proposed assessment circles or  assessment groups, soil classes and rent-rates as it may, for reasons to be recorded in  writing, think necessary. 

(5) The State Government may- 

(i) sanction the proposals as recommended by the Board or 

(ii) direct such father enquiry to be made as it may deem necessary, or (iii) return the proposals for the reconsideration of the Board, or 

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

C-Determlnation of Rents 

157. Assessment of rents -

On the basis of the sanctioned rent- rates, the Settlement  Officer shall proceed to asses rent payable, whether by way of abate- ment, enhancement,  communication or otherwise of the existing rent, for each holding in the district or area under  settlement operations.

158. Land to be excluded from assessment -

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

(i) land occupied by the buildings with their appurtenances, 

(ii) permanent threshing floors; 

(iii) grave-yeards, cremation grounds and play-grounds; 

(iv) permanent roads and pathways; and 

(v) uncu/turab/e land. 

159. Allowance for improvements -

Where an improvement has been lawfully made in  relation to, a holding by or at the cost of a tenant, the Settlement Officer shall assess the rent  therefore under Section 157 in a manner so asta 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, and the tenant shall not  be liable during such period to any enhancement of rent for increased produce or otherwise  arising from such improvement. 

160. Existing rent to be taken Into consldemrlon while assessing rents -

In assessing  the rent for the assessable area of a holding under Section 157, the Settlement Officer 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. 

161. 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 conditWn that me rent so assessed shall in no case be less than three quarters  of the valuation of the hoW?`ng at the appropriate sanctioned rent-rates. 

162. Progressive enhancement -

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 exp?.ry of such number of years. 

163. Additional provision for assessment of Chahi holdings -

(1) When assessing rent  under Section 157for the assessable area of a Chahi (well irrigated) holding in the manner  specified in Sections 159 to 162, regard shall also be had to the areas thereof cultivated as  Chahi, cultivated as dry and kept fallow each year and such rent shall be the aggregate of the  rents calculated in respect of the average of the areas of the holding cultivated in respect of  the average of the areas of the holding cultivated as Chahi, culh`v8ted as dry and kept fallow  during the last five years at the appropriate sanctioned rent-rates respectively for Chahi, dry  and fallow lands. 

(2) Nothing in sub-section (1) shall apply lo. cases in which the area of any holding is  found to have been intentionally kept fallow or cultivated as dry with a view to avoid the proper assessment thereof and such area shall for the purpose of assessment be deemed to have  been cultivated as Chahi. 

164. Preparation and distribution of parchas -

(1) When rents have been assessed as  hereinafter provided the Settlement Officer shall cause assessment parches to be prepared for  an hollings in the district or other area under settlement operands. 

(2) An assessment percha for a holding shell show separate[y- 

(a) the tenure of such holding, 

(b) the khadra number of each field therein and its area, 

(c) the soil class of each field comprised in the holding 

(d) the sanctioned rent-rate for each such soil class, 

(e) the rent assessed by the Settlement Officer under Section 157, in respect of each  soil class in such holding. 

(f) the improvements, if any, for which allowance has been made under Section 159,  and 

(g) the total amount of rent assessed for each holding, elongwith any adjustment or  orders made under Sections 161 and 162. 

(3) Evely purche so prepared shalt be made over to the tenant concerned end a copy  thereof shall be supplied to the land-holder concerned, if any in theprescn`bed manner. (4) When alt the assessment perches have been distributed in the manner law down in  and under sub-section (3), the Settlement Officer shalt issue proclamation inviting objections  thereto, if any. 

165. Interim stoppage of recovery of kind rents -

(1) If, at any time after the  commencement of the agricultural year during which assessment Parches are likely to be  distributed under sub-section (3) of Section 164 in any district or /coal area, 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. 

(2) The Settlement Commissioner shall submit the recommendation of the Settlement  Officer to the State Government with such remarks as he may deem fit. 

(3) The State Go .movement may accept the recommendation or pass such order  thereon as it may deem fit. 

(4) The order of the State Government under sub section (3) stopping the recovery of  rents in kind in any district or local area shall be published in the prescribed manner and shall  direct- 

(a) that no land holder in such district or area shall recover rent in kind for the  commencement of the agricultural year during which the orders is made, and

(b) that, pending the determination of cash rents under Section 166, a land holder in  such district or local area may, in lieu of the rents in kind recover such cash rent for each holding as may be stated in the assessment parcha to be the total amount of  rent assessed therefore : 

Provided that the cash rent so recovered shall be liable to adjustment in accordance  with the rent finally determined under Section 166. 

(5) An order stopping the recovery of rents in kind under this section shall be passed  only if such rents for the Kharif harvest of the year in which it is passed have not been  realized. 

166. 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, the Settlement Officer shall hear it, dispose of it in accordance with law, and,  after recording his order, determine of the holding. 

167. Rent from what date payable –

Subject to the provisions of Section 165, 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. 

168. 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. 

169. Effect o refusal –

(1) Upon such refusal the tenant shall forthwith vacate the holding. 

170. 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 dmitted as the tenant thereof in accordance with law. 

171. Procedure upon non-refusal –

If the tenant does not refuse the accept the rent in  accordance with the provisions of Section 168, he shall be demeed to have accepted the rend  determined under Section 166 and shall be liable to pay the same in accordance with Section  167. 

172. 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 (Rajasthan  Act 3 of 1955). 

173. Preparation of Dastoor Ganwai -

(1) The Settlement Officer shall prepare a Wajib-ul arz or Dastoor Ganwai for each village in the distinct of other local area under settlement  operations.

(2) The Settlement Officer shall, subject to rules made under this Act, ascertain and record  son each such Wajib-uI-au or Dastoor Ganwai - 

(a) all ceases which are still payable by tenants of the village concerned on account of  the occupation of land in addition to rent under the appellations by which they are  known; 

(b) the customs son the vs'liege concerned son regard to- 

(i) rights of persons resident therein or holding lands comprised therein son the  common land thereof and us produce and in the village site, and  

(ii) rights to irrs`.gats.on, rights of way and other easement, 

(c) any rights, customs or other matters concerned with the administration of the village  which may be required by rules made under this Act or otherwise by the State  Government to be ascertained and recorded in the Wajib-ul-arz or Dastoor Ganwai. 

(3) When the Wajib-uI-arz or Dastoor Ganwai is ready, the Settlement Officer shall fix a  date and time for reading it out to the inhabitants of the village concerned and shall nerdy such  date and time at least seven days before the date so fixed in the prescribed manner. 

(4) On the date and at the time fixed 'under sub-sech.on (3), the settlement officer shall  read out or cause to be read out to the villages assembled for the purpose the Wajib uI-arz or  Dastoor Ganwai prepared under sub-section (1). 

(5) If any person raises an objection to anything contained in the Wajib-ul-arz Dastoor  Ganwai while it is being read out under sub-section (4), the Settlement Officer shall record and  decide such objection and his decision shall be final. 

174. 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 contra y is proved. 

175. Term of Setlement –

The term of every settlement made under this Act shallbe twenty  years: 

Provided that the State Government may extend the term beyond twenty years, having  regard to he pressure of the population on the land, the extent to which culturable area is  cultivated and the fulness of the rentals: 

Provided also that for special reasons to be recorded, such as a serious deterioration,  considerable concealment of assets or the deliberate nd extensive throwing of land out of  cultivation, or for any other sufficient reasons, the State Government may sanction shorter  term of settlement for any local area : 

Provided further that in the case of a first settlement as well as settlement for precarious  tracts and alluvial areas the State Government may sanction shorter terms and make rules for  immediate revision of settlement.

94 [175-Acommencement of term of sottlement -

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.] 

(94. Inserted by Part B of the First Schedule of Rajasthan Act No. 2 of 1958, Published. in Raj. Gaz. Part IV-A, Ex-ord., dated 13-1-1958.)

176. Senior terminology of settlement -

(1) Notwithstanding anything contained in Section  175, when the State Government is satisfied that it is necessary to terminate before its expiry  term of any settlement laid down in or fixed under that section on account of considerable and  material fall in prices or on account of a considerable and material difference between. In the  sand ion ed rent-rates of any area & of its neighbouring areas or where the sanctioned rent rates of any area and of its neighbouring areas or where the sanctioned rent-rates are found  on further examination to be inequitably high, or for any other sufficient reason, the State  Government may, by notification in 95[Official Gazette) declare its intention of terminating the  term of such settlement forthwith and stinging the area concerned under re-settlement 

(2) Simultaneously with or soon after such declaration, the State Government shall, by a  like notification, declare such term to be terminated and order the district or area concerned to  be brought under resettlement; and thereupon the provisions of this Chapter shall apply as if  such district or area were under settlement operations. 

96 [(3) & (4) xx x] 

(95. Substitutedby Section 4 of the Raj. Act No. 2 of 1958, published in Raj. Gaz. Part IV-A, Ex-ord., dated 13-1-1958. 96. Omittedby Section 2 of Rajasthan Act no. 44 of 1956, Published in Raj. Gaz. Part IV, Extra-ord., dated 31-12-1956.)

97 [176-A Interim relief during settlement opemtlons -

(1) 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, the State Government may order s`nten`m relief to be  given to the tenants thereof on such conditions as it may deem fit. 

(2) When any distinct or. other local area is ordered to be brought under resettlement  under sub-sects-on (2) of Section 176, the State Government may, in its discretion, also order  that set shall not be necessary for the Settlement Officer to carry out the economic survey  required by Section 148.] 

(97. ns. by Sec. 3-Ibid.)

177. Tenure of lend under expired settlement until resettlement -

All persons contrasting  to hold land after the exps`sy or termination of the term of a settlement shall 98[subject to the  provisions of sub-section (1) of Sects-on 176-A] hold the same upon the conditions of such  settlement unts'l a new settlement is made. 

(98. Ins. by Sec. 4-Ibid.)

177-A Increase in assessment of irrigated land assessed at un-ir-rigated rates –

(1) 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 : 

Provided that if such irrigated land falls in the command of an irrigation project and  nehri rates have been sanctioned for other lands in the command of that project, the lowest of  the nehri rates applicable in the command of that project shall be charged instead of the  unirrigated rate enhanced by Rs. 1.50 per bigha as foresaid. 

Explanation :

For purposes of this sub-section ‘bigha’ shall mean an area equivalent to 5/8th  of an acre. 

(2) The tenant liable to pay enhanced rent under sub-section 91) may, within 30 days  from the date from which he becomes liable to pay enhanced rent, refuse in writing to accept  the rent enhanced by this section and, upon such refusal, the provisions of Section 169 shall  apply as if the rent so enhanced were the rent determined by an order of the Settlement  Officer under Section 167. 

(3) The provisions of this section shall be notwithstanding anything in Section 167 or  172 or any order of the Settlement Officer under Section 166 or anything in any assessment  percha or any law, rule, custom, usage or practice to the contrary. 

E-Intermediate Revision 

178. Short term settlement -

When the term of settlement fixed for any local area under the  second proviso to Section 175 is less than that fixed for the entire district or other area under  settlement operations, and such term expires, the Collector or, in district to which a Settlement  Officer shall have been appointed, such Settlement Officer, shall assess rents for such local  area in accordance with rules made under this Act. 

179. Settlement of land added by alluvian and revision of assessment when culturable  area reduced by fluvial action -

(1) Land added by alluvion to a holding may be assessed to  rent by the Collector or by a permanent Settlement Officer in accordance with rules made  under this Act. 

(2) 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.

(3) If in the opinion of the collector or the permanent Settlement Officer, as the case  may be, the value of any land in any holding is altered in consequence of its diversion from an  agricultural purpose to a non-agricultural purpose or from non-agricultural purpose to an  agricultural purpose since it was last assessed the assessment shall be liable to be revised  .and the rent thereof shall be liable to be fixed by the Collector or the Permanent Settlement  Officer with reference to the altered value of such land in accordance with rules made under  this Act. 

(4) No revision of assessment made under the foregoing sub-sections shall be final until  it has been sanctioned by the Settlement Commissioner. 

180. Power of Government to levy additional urban rates -

Notwithstanding a  Act, the State Government may at any time, by notification in the 99[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. 

(99. Subs. by Sec. 4 of Raj. Act No. 2 of 1958, pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 13-1-1958.)

181. 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, 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 thereof. 

182. Corrections of errors and ommissions -

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

(a) in the formation of assessment circles or assessment groups, classification or soils  and evolution or rent-rates at any stage before his proposals in respect thereof are sanctioned  under sub-section (5) of Section 156, and  

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

183. Review of sanctioned rent-rates -

(1) Notwithstanding anything contained in the  foregoing provisions or chapter or in any enactment, rule, order of instrument for the time  being in force and notwithstanding any custom, usage or practice to the contrary, 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 mies 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. 

(2) The Settlement Officer shall thereupon proceed to frame his modified proposals in the  prescribed manner and the provisions of Secs. 155 and 156 shall apply thereto.