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

(1) 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 are except in so far as any rights of such persons or bodies may  be established in over the same and except, may be otherwise provided in any law for the time  being in force, and are hereby declared to be, with all rihts in or over the same or appertaining  thereto, the property of the State; and it shall be lawful for the Collector subject to the 64[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. 

(2) Where any property or any right in over any property is claimed by or on behalf of the  State or by any person as against the State, it shall be lawful for the Collector, after formal  inquiry of which due notice has been given to pass an order deciding the claim. 

(3) Any suit instituted in any civil court after the expiration of any year from the date of any  order passed under sub-section (1) of sub-section 92) or, if one more appeals have been  made against such orders within the period of limitation, then from the date of any order  passed by the final appellate authority, shall be dismissed (although limitation has not been set  up as a defence) if the suit is brought to set aside such order or if the relief claimed is  inconsistent with such order; provided that in the case of an order under sub-section (2), the  plaintiff has had due notice of such order. 

(4) Every person shall be deemed to have been due notice of an inquiry or order under this  section, if notice there or has been given in accordance with the provisions of this Act or the  rules made thereunder. 

(5) Any order passed under sub-section (1) or sub-section (2) shall be enforceable by the  Collector in the prescribed manner. 

(Subs. by Act No. 10 of 1987 for the words ‘The State Government, Pub. in Raj. Gaz. Ext-ord. Part 4(A), dt 9-4-1987 w,e,f 31-1-1987.)

89. 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, 65[xxx] have all powers necessary for the  enjoyment of such a right. 

(2) The right to all mines and quarries includes the right of access to land for the purpose of  mining and quarrying and the right to occupy such other land as may be necessary for  purposes subsidiary thereto, including the erection of offices, workmen’s dwellings and  machinery. The staking of minerals and deposit of refuse, the construction of roads, railways or  tram lines, and any other purposes which the State Government may declare to be subsidiary  to mining and quarrying. 

(3) If the State Government has assigned to any person its right over any minerals, mines  or quarries, and if for the proper enjoyment of such right, it is necessary that all or any of the  powers specified in sub-sections (1) and (2) should be exercised by such person, the Collector  may, by an order in writing, subject to such conditions andreservations as he may prescribe;  delegate such powers to the person to whom the right has been assigned: 

Provided that no such delegation shall be made until notice has been duly served on all  persons having rights in the land effected and their objection have been heard and considered. (4) If, in the exercise of the right herein referred over any land, the rights of any persons are  infringed by the occupation or disturbance of the surface of such land, the Stage Government  or its assignee shall pay to such persons compensation for such infringement and the amount  of such compensation shall be calculated by the Collector, of, if this award is not accepted, by  the civil court, as nearly as may be in accordance with the provisions of the Rajasthan Land  Acquisition Act, 1953 (Rajasthan Act XXIV of 1953). 

(5) 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. 

(6) If any assignee of the State Government fails to pay compensation as provided in sub section (4), the Collector may recover such compensation from him on behalf of the person  entitled to it, as if it were an arrear of land revenue. 

(7) 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: 

Provided that if the sum so calculated is less than one thousand rupees, the penalty may  be such larger sum not exceeding on thousand rupes as the Collector may impose. 

(65. Omitted by Sec. 32(a) of Raj. Act No. 11 of 1964,Pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 13-4-1964.)

90. Liability of all land to payment of revenue or rent –

(1) 66[Subject to other provision of  this Act] 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. 

(2) 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. 

(3) The State Government 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. 

67[(3-A) The State Government may, by notification in the official Gazette, exempt, whether  prospectively or retrospectively, any land or class of land from the payment of rent or land  revenue. 

(4) 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. 

(66. Ins. by Sec. 2 of Raj. Act No. 47 of 1958, Pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 27-12-1958. 67. Ins. vide Sec. 2 of Raj. Act No. 13 of 1991, pub. in Raj. Gaz. Ex-ord. – 4 (Ka), dt. 24-9-1991.)

68[90-A.] Use of agricultural land for non-agricultural purpose –

(1) 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, shall use the same or  any part thereof, by the construction of buildings thereon, 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 din the manner hereinafter laid down  and otherwise that in accordance with the terms and conditions of such permission. 

(2) 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. 

(3) 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. 

(4) 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 - 

(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. 

1[(5) If any such land is so used – 

(a) without the written permission of the State Government being first obtained, or

(b) otherwise than in accordance with the terms and conditions of such permission, or

(c) after such permission having been refused under sub-section (3), or 

(d) without making any of the payments referred to sub-section (4), 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 from such land in accordance with Section 91 as if  he or they had occupied or continued to occupy such land without lawful authority and  to every such proceeding the provisions of Section 212 of the Rajasthan Tenancy Act,  1955 (Rajasthan Act 3 of 1955) shall apply as if such land were in danger or being  wasted, damaged or alienated: 

Provided, that State Government may, in lieu of having such person and the subsequent  transferees so ejected from the land in question, allow him or them, as the case may be, to  retain such land, use the same for any purpose other than that of agriculture on payment to the  State Government, in addition to the urban assessment and premium payable under sub section (4) of fine by way of penalty as may be prescribed.] 

(68. Ins. by Sec. 3 of Raj. Act No. 47 of 1958, Pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 27-12-1958.)

91 Unauthorlsed occupation of Land -

(1) Any person who occupies or continues to occupy any land without lawful monthly shall be regarded as a trespasser and may be summarilyevicted there frombytheTehsildar atanytimeof his motion or upon the application of a local authority at whose disposal such land has been placed, and 69[any crop standing, or any} building or other construction erected. or anything deposited on such land shall, if not removed with in such reasonable time as the Tehsildar may from time to time fix for the purpose, be liable to be forfeited to the State and to be disposed of 1[in the case of any such crop, in the manner he thinks fit and in other cases] as the Collector may direct: 

Provided that the Tehsildar may in lieu of ordering the forfeiture of any such building or  other construction, order the demolition of the whole or any part thereof. 

1[(2) 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, as the case may be, for the first act of trespass. In the case of each subsequent ad of trespass, he shall by the order of Tehsildar, be liable to commitment to civic person for a term which may extend to three months and to pay penalty to  the extent as aforesaid. The amount of such penalty shall be recovered as an arrear of land revenue, and] 

1[(3) Where the trespasser ordered to be committed to civil prison under subsection (2) satisfies the Tehsildar by whom he is ordered to be committed to civil prison that he intends to present an appeal, the Tehsildar shall order that such trespasser be released on his own bond for  such periods will afford him sufficient time present the appeal and obtain stay order from the  Appellate Court and such order shall so long as he is so released on bond be deemed to be suspended] 

(4) In any of the following cases, namely.- 

(i) where the trespasser does neither vacate the land not make appearance in response to the notice issue under sub-section (3), or 

(ii) where in response to such notice, the trespasser does not vacate the land and makes appearance but- 

(a) does not show any such cause, or 

(b) makes any representation which is rejected after such inquiry and hearing as may be necessary in the circumstances of the case, the Tehsildar shall, unless, in the case covered by clause (ii) the trespasser under-takes to vacate the land within a week's time- and vacates it whine such time order the removal of the trespasser from such land and shall remove or depute any person, to remove him therefrom and take possession thereof; and if the Tehsildar or the person so deputed is opposed or !impeded in taking possession of such land, the Tehsildar shall apply to a  Magistrate having jurisdiction and such Magistrate shall enforce the surrender of  the land to the Tehsildar. 

(5) Notwithstanding anything contained in the foregoing sub-sections, the Tehsildar may, in  case any such land belongs to the category specified in clause (ii) of the proviso to Section 97,  sell it, with the approval of the Sub-Divisional Officer, to the trespasser upon payment by him  of the premium therefor at the rate fixed under Section 96 and applicable to such land in  addition to the assessment and penalty recoverable from him under sub-section (2) in respect  of the whole period of unlawful occupation 

1[(6) Notwithstanding anything contained in sub-section (2) - 

(a) whoever occupies any land without lawful authority or, having occupied such land  before corning into force of the Rajasthan Land Revenue (Amendment) Act, 1992,  fails to remove such occupation within fifteen days from the date of service of a notice in writing calling upon him to do so by the Tehs!Idar shall, on convich`on, be  punished with simple imprison- ment which shall not be less than one month but  which may extend to three years and with fine which'may extend to twenty thousand  rupees; and 

(b) whoever, being an employee of the State Government specifically entrusted by an  order of the Collector in writing with the duty to stop or prevent an offence  punishable under this sub-section wilfully or knowingly neglects or deliberately omits  to stop of prevent such offence, shall, on conviction, be punished with simple  imprisonment for a term which may extend to one month or with fine which may  extend to one thousand rupees or with both : 

Provided that, in the case of an offence under clause (a), the court may for any adequate  or special reason to be mentioned in the judgment impose a sentence of imprisonment for a  term of less than one month : 

Provided also that no investigation of an offence under clause

(a) of this sub section shall  be made by an officer below the rank of a Deputy Superintendent of Police :

Provided further that no court shall take cognizance of an offence under clause (b) except  with the previous sanction of the Collector. 

Explanation -

For the purpose of this sub-section, "Land" means - 

(i) a pasture land as defined in the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955); and

(ii) land redefined in sub-clauses (iii) and

(iv) of clause Ca) of Section 103 including land  appurtenant to a public well, Nadi, Johad and Talab.] 

( Amended vide Sec. 6 of the Raj. Act No. 4 of 1976, Pub. in Raj. Gaz. Part 4(Ka) Ex-ord., dt. 24-1-1976 on Page 85. )

92. Land may be set apart for special purposes -

(1) 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. 

70[(2) xxx] 

(70 Omitted by Section 8 of Rajasthan Act No. 33 of 1959, Published in Raj. Gaz. Part IV-A, Ex.-ord., dated 30-6-1959. )

93. 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. 

94. Powers to regulate control and management of forest growth -

(1) 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  hefty rupees for each day during which such breach continues : 

Provided that the penally prescribed in the rules shall be imposed only by a criminal court  of competent jurisdiction 

(2) Such court may direct that the whole or any part of any sum recovered under the rules  made under sub-section (1) 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. 

(3) The court referred to in proviso to sub-section (1) may confiscate and sell any timber or  other forest produce cut or removed in contravenh`on 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). 

(4) If an estate holder or any other person is guilty of any material violation of the rules  made under sub-section (1), the Collector may, unless he is satisfied that such estate-holder  or other person has taken reasonable precautions to prevent such violation and after full  inquiry and after giving to the estate- holder or other person, a reasonable opportunity of being  heard - 

(a) Proclaim that the forest-growth of the estate or vi//age will be protected by the State  Government, or 

(b) 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. 

(5) Until the proclamation made under sub-section (4) clause (a) is with-drawn, it shall be  unlawful for any person to cut, or cause to be cut, for sale or for conveyance or use outside the  village .area, any timber or brushwood, save with the previous sanction of the Collector and in  the manner and to the extent permitted by him. 

(6) If insufficient cause is shown against an order under sub- section (4) clause (b), the  Collector may exclude such estate- holder or other person from the possession of the forest  land and assume the direct management thereof for a term to be fixed by him : 

Provided that the gross income of the land, of which the direct management is so assumed  shall be paid by the Collector to the estate-holder or other person entitled thereto after  deducting therefrom such amount by way of expenditure 'Irncflrred in such management as  may be determined by the Collector after given theestate-holder or other person, a reasonable  opportunity of being heard. 

(7) No lease lease, lien, encumbrance or contract to the forest land held under direct  arrangement, shall be binding upon the State Government. 

94-A. Roadside trees -

(1) All roadside trees which have been planted and reared by or  under the order of, or at the expense of the State Government and all trees which have been  planted and reared at the expense of local funds by the side of any road which vests in the  State Government, shall vest in the State Government. 

(2) 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. 

94-B. Recovery of value of trees etc. unauthorisedly appropriated -

(1) 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 the State Government 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. 

(2) The decision of the Collector as to the value of such trees or portion or product thereof  shall be conclusive.] 

95. Development of abadi -

(1) The State Government may make mies for the reservation  of lands l[W be set up art for the development of aha di, for the allotment of Nazul lands and  lands so set a pan for any payments to be ma-de in respect of such lands and for the  declaration of .the rights of such allottees. 

(2) No person shall occupy any land in the "abadi" area 71[x x x] without first paying  therefore such sums-by way of premium as may be fixed under this Act. 

(3) Complete rights in the abadi land may be acquired only by the paying such  premium. 

(4) Nothing in this section shall apply to land in the abadi area 1[x x x] which is in the  lawful occupation of any person at the commencement of this Act. 

(5) Where at the commencement of this Act, any person is in occupation of some land  in the abadi area 1[(x x x] with limited rights, he may acquired full pa?prs'etasy right over such  land upon payment of such premium, as may be fixed under this Act. 

(6) Any person who after the commencement of this Act occupies any land in the abadi  area otherwise than in accordance with the provisions of sub section (2) or any mies made  under sub-section (1) or without proper authors makes any construction on such land  separately or by way of extension of a previously exis/s`ng bus'Ws'ng or construct son of his  adjoining land or who after such commencement makes otherwise than under proper authority  any cons/motion on any land referred to son sub-section (5) or on such land and other land  son his occupation lawfully or otherwise shall be regarded as a trespasser & dean with, as is  he were a person occupying or conts.nus`ng to occupy land without lawful authority. 

(7) The provisions of Section 91 shall apply to the person, land and construction  referred to in sub-section (6) : 

Provided that - 

(i) The powers exercisable by a Tehsildar under sub-secs. (1), (2), (3) and (4) of Sec.  91 shall be exercised by him, in the case of any land in the abadi 1[xxx] or any land set apart  for free pasturage of cattle or for development of abadi or for any other public or municipal  purpose, which has been placed at the disposal of a local authority 72[under Section 102-A] or otherwise upon application made to him by such local  authority 72[or suo moto, and where the Tehsildar proposes to act suo moto, he shall give  notice of such intention to the local authority concerned]. 

(ii) the assessment and penalty imposed under these sub-sections upon the trespasser  Shel/be credited to the fund of such local authority, and 

(iii) the powers exercisable by a Tehsildar under sub sech`on (5) of Section 91 shall be  exercised in case of any such land placed at the disposal of a local authority as aforesaid itself  without the approval of any officer. 

(71. Subs. & omitted by Sec. 9 of the Rajasthan Act No. 33 of 1959, Pub. in Raj. Gaz. Part IV-A, Ex.-ord., dt. 30-6-1959. 72. Inserted, vide Sec. 10 of the Rajasthan Act No. 18 of 1963, Pub. in Raj. Gaz. Part IV-A, Ex.-ord., dt. 12-10-1963. )

96. Collector to fix rates of premium -

(1) The 73[State Government} may, by notification  in the official Gazettej, fix and may from time to time similarly revise, the rates of premium to  be charged [for Nazul and other lands} within the "abadi.' area [x x xj. 

(2) Such rate shall be fixed consistently with rules made under this Act having regard to the  site value of the|and and different rates may be fixed for different areas in the same village  [town or city} or group of villages [towns or cities]. 

(73. Subs., Ins. & omitted by Sec. 10 of the Rajasthan Act No. 33 of 1959, Pub. in Raj. Gaz. Part IV-A, Ex.-ord., dt. 30-6-1959.)

97. Auction of abadi land -

In all cases where there are more than one applicant for the  same piece of land in the abadi area 74[x x x], it shall be sold to the highest bider at a public  auction : 

Provided that - 

(a) It shall be open to the Collector to refuse the highest bid for reasons to be recorded;

(b) small strips of land adjoining existing buildings shall, with the previous sanction of the  Sub-Divisional Officer, be given at the rates fixed under sub-sections (1) and (2) of  Section 96; and 

(c) auctions under this sec hon shall be regulated by rules made by the State  Government in this behalf. 

(74. Omitted by Sec. 11 of the Rjaasthan Act No. 33 of 1959, published in Raj. Gaz. Part IV-A, Ex.-ord., dt. 30-6-1959. )

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

(1)  Subject to rules made by the State Government in this behalf; the Sub-Divisional Officer may  grant in villages 75[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  andother rubbish and manure, and for storing fodder for cattle: 

Provided that – 

(i) Such land shall not be claimed as matter of right, and shall be provided only if it is  available 76[xxx]; 

(ii) the Collector shall have the right to resume any such land without paying any  compensation; 

(iii) the preson to whom land may be granted shall not have any right of transfer by  exchange, mortgage, sale, gift or bequest therein; and 

(iv)the person to whom such land is granted shall abide by the orders passed under the  provisions of this Act or any rules made thereunder. 

(2) The land granted under sub-section (1) may be resuped under the orders of a  revenue officer no below the rank of a Tehsildar, if and when, the person to whom it has been  granted 75[xxx] contravenes any of the provisions of this section or the rules made thereunder. 

(75. Omitted by Sec. 11 of the Rajasthan Act No. 33 of 1959, Published in Raj. Gaz. Part IV-A, Ex.-ord., dt. 30-6-1959. 76. Ins. & Omitted by Sec. 12 – Ibid.)

99. Right to regulate the construction of a building in a village –

The State Government  may, by rules made under Act, regulate the construction, maintenance, demolition, repairs and  extention of houses and other buildings in such villages or towns for which no local authority  has been established. 

100. Sale of land in Industrial and Commercial Areas –

The State Government may make  rules regulating sales of lands in indusrial and commercial areas and may also impose an  annual assessment of such lands, wherever necessary. 

101. Allotment of land for agricultural purposes –

77[(1)Save as otherwise provided  elsewhere by this Act, 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.] 

(2) All allotment of land under this section 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.

78[(3) XXX delted XXX] 

(4) If there be more than one person requiring the same land, the allotment shall be  made in the following order - 

(i) to co-sharer of the holding if it forms part of a compact block or is irrigated fromthe  same source, perference amongst such co-sharers being given to one having land  less than the area prescribed by rules made under the Rajasthan Tenancy Act, 1955  (Rajasthan Act 3 of 1955); 

(ii) to persons residing in the village in which land be situated, preference amongst such  persons being given to persons having no land or less than the area prescribed by  the said rules; 

79[(iii) by drawing lots:] 

Provided that the area so taken together with the area held by him does not exceed the area prescribed by the said rules. 

(77. Subs. vide Rajasthan Act No. 20 of 1970 (dt. 3-12-1970). 78. Delted the following sub-0section (3) by Rajasthan Act No. 2 of 1997 – Pub. in Raj. Gaz. – EO-4(ka) dated 26-3-97, Page 138(1) - (3) No such land shall be alloted without the previous sanction of the State Government to any person in the service of the State Government: Provided that in the case of non-gazetted Officers, the sanction of the Collector will be sufficient. 79. Substituted by Part B of the First Schedule to Rajasthan Act No. 2 of 1958, Published in Raj. Gaz. Part IV-A, Ex.-ord. dt. 13-1-1958. )

102. Power of Government to allot land for purposes other than agricultural as well as  on special terms –

Notwithstanding anything hereinforce contained the State Government  shall have power to allot land for the purpose of an industry or for any purpose of public utility  on such conditions as it deems fit. 

(3) No such land shall be alloted without the previous sanction of the State Government to any person in the service of the  State Government: 

Provided that in the case of non-gazetted Officers, the sanction of the Collector will be sufficient. .

102.A 80[Land which may be entrusted with Local Authorities –

Any Nazul land or land set  apart under Section 92 may be placed by the State Government at the disposal or a local  authrotiy having jurisdiction and such local authoritty may take over with the land so placed at  its disposal for and on behalf of the State Government, or may use the same for the special  purpose for which it has been set apart, to such extent and subject to such conditions adn  restrictions as the State Government may, from time to time, lay down and in such, manner as  it may, from time to time prescribe.] 

(0 U.I.T. Bikaner v. Kadumal alias Koda Ram, ILR (1971) 21 Raj. 1170; Chauthmal v. State, ILR (1971) 21 Raj. 1332 : 1971 WLN 213. )

103. Land and Abadi defined for the purposes of Chapter VI -

For the purpose of this  Chapter, unless the subject or context otherwise requires - 

(a) "Land" means land belonging to all or any of the following categories -

(i) Land as defined in clause (24) of Section 5 of the Rajasthan Tenancy Act, 1955  (Rajasthan Act 3 of 1955), 

(ii) Land acquired under the provisions of the Rajasthan Land Acquisition Act, 1953  (Rajasthan Act 24 of 1953) .for the purpose of Government or a local authority or an  educational institution while such land remains the properly of Government or such local  authority or educational institution, asthe case may be, 

(iii) Land surveyed and recorded, whether before or after the commencement of this Act,  during any proceeding relating to sunny and preparation of records or otherwise  belonging to the Government, or a local authority, which is used for any public purpose  such as a road or pathway, 

(iv)Land surveyed and recorded as aforesaid for the use of the community such as goober,  cremation-ground or graveyard, 

(v) Land in possession `of the Govemment or a local authority obtained by transfer or  otherwise, 

(vi)Nazul land as defined in clause (iv) of Section 3, and 

(vii)Land within the abadi area vesting in a local authority or land reserved and set apart for  special purposes under Section 92, and inclues benefits toarise out ofsuch land and things attached to the earth or  permanently fastened to anything attached to the earth; and 

(b) “abadi” or “abadi area”or “abadi land” means the population area of a village,  town or city and includes the site of such village, town or city, land reserved and set apart  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. 

104. Cases in which power of Revenue Officers may beexercised by local Authorities –

Where 81[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 1[under Section 102-A] or otherwise; 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. 

(81. Subs. by Sec.15 of Raj. Act No. 33 of 1959, Pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 30-6-1959.)

105. Rights of tenants under Section 31, Rajasthan Act 3 of 1955, not affcted –

Nothing  in Sections 95, 96, 97, 98 and 102, shall in any way affect, take away or abridge the right  conferred on tenants by Section 31 of the Rjaasthan Tenancy Act, 1955 (Rajasthan Act 3 of  1955), to possess in the baadi of a village a site for a residential house free of charge.