Rajasthan Colonisation Act, 1954
No: 27 Dated: Dec, 17 1954
The Rajasthan Colonisation Act, 1954
Act No. 27 of 1954
An Act to make better provision for the colonisation and administration of lands in the State of Rajasthan.
Be it enacted by the Rajasthan State Legislature in the fifth year of the Republic of India as follows:-
1. Short title and extent. - (1) This Act may be called the Rajasthan Colonisation Act, 1954.
(2) It extends to the whole of the State of Rajasthan.
2. Definitions. - In this Act, unless the context otherwise requires-
(i) "Collector" means the Collector of the district and includes-
(a) any officer appointed by the State Government to perform all or any of the functions and exercise all or any of the powers of the Collector under this Act, and
(b) any officer appointed before or after the commencement of this Act for purposes of colonisation;
(ii) "colony" means any area to which this Act shall, by notification in the Official Gazette, be applied by an order of the State Government, or in respect of minor irrigation projects, by an order of the Collector authorised by the State Government in this behalf;.
(iii) x x x
(iv) "Improvement" means-
(a) the construction and renovation of wells, tanks, bunds and water channels, and
(b) the planting of trees and the draining, reclaiming, clearing, enclosing, levelling and terracing of land, but does not include such temporary works as are done by tenants or sub-tenants, without any special expenditure, in the ordinary course of agriculture;
(v) "land" means land belonging to all or any of the following categories, namely:-
(a) land as defined in clause (24) of Section 5 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955),
(b) 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 property of Government or such local authority or educational institution, as the case may be,
(c) land surveyed and recorded, whether before or after the commencement of this Act, as belonging to the Government or a local authority which is used for any public purpose such as a road,
(d) land surveyed and recorded as aforesaid for the use of the community such as, gochar, cremation-ground, grave-yard, road or pathway,
(e) land in the possession of Government or a local authority obtained by transfer or otherwise,
(f) abadi land within the limits of a municipality or a panchayat circle or a village, town or city, vesting in the State Government, and
(g) land within the abadi area vesting in a local authority or land recorded and set apart for the development of abadi or of mandis or for other public or municipal purposes, and includes benefits to arise out of such land and things attached to the earth or permanently fastened to anything attached to the earth;
(vi) "land cultivated personally" with all its grammatical variations and cognate expressions, means land cultivated on one's own account-
(i) by one's own labour, or
(ii) by the labour of any member of one's family, or
(iii) by servants on wages payable in cash or in kind (but not by way of a share in crops) or by hired labour under one's personal supervision or the personal supervision of any member of one's family or one's manager or agent:
Provided that in the case of a person who is a widow or a minor or is subject to any physical or mental disability or is a member of the military, naval or air service of India or who, being a student of an educational institution recognised by the State Government is below the age of twenty-five years, land shall be deemed to be cultivated personally even in the absence of such personal supervision;
(vi-a) "Major Irrigation Project" means the works constructed to use surface water for irrigation of a culturable commanded area of more than 10,000 hectares;
(vi-b) "Medium Irrigation Project" means the works constructed to use surface water for irrigation of culturable commanded area of more than 2000 hectares but not more than 10,000 hectares;
(vi-c) "Minor Irrigation Project" means the works constructed to use surface water for irrigation of culturable commanded area upto 2,000 hectares;
(vii) "prescribed" means prescribed by or under this Act;
(vii-a) "Project Officer" means an Officer appointed by the State Government to exercise the powers and perform the duties assigned to such officer under this Act;
(viii) "public purpose" includes fair and equitable distribution of agricultural land among the various landless tenants;
(viii-a) "Tehsildar" means Tehsildar appointed under the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) and includes any officer authorised by the State Government, by notification in the Official Gazette, to perform the functions and exercise the powers of the Tehsildar under this Act;
(ix) "tenant" means any person holding land in a colony and includes his predecessors and successors-in-interest and transferees.
3. Application of Act. - This Act shall apply to all lands in a colony.