Rajasthan Tenancy Act, 1955
No: 3 Dated: Mar, 14 1955
Rajasthan Tenancy Act, 1955
Rajasthan Act No. 3 of 1955
An Act to consolidate and amend the law relating to tenancies of agricultural lands, and to provide for certain measures of land reforms and matters connected therewith.
Be it enacted by the Rajasthan State Legislature in Sixth year of the Republic of India as follows-
CHAPTER I
Preliminary
1. Short title, extent and commencement-- (1) This Act may be called the Rajasthan Tenancy Act, 1955.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette appoint in this behalf.
2. Omitted.
3. Repeal— (I) On and from the coming into force of this Act, the following shall stand repealed, namely:—
(a) the enactment mentioned in Column 2 of the Fist Schedule to the extent specified in Column 3 thereof;
(b) any corresponding laws, other than the enactments referred to in clause (a) , hitherto in force in any of the Covenanting States in so far as such laws are covered by or are inconsistent with the provisions of this Act, and
(c) any laws amending the enactments or laws referred to in the preceding clauses of this sub-section.
(2) Nothing contained in any Act, Ordinance, regulation, rule, order, resolution, notification or bye-laws not repealed hereby or by the Rajasthan Revenue Laws (Extension) Act, 1957 or in the terms or conditions of any order or instrument granting, or recognising the grant of a Jagir or Zamindari or Biswedari rights which is contrary to or inconsistent with the provisions of this Act, shall be operative or in any way affect those provisions.
(3) Any custom or usage relating to agricultural tenancies prevailing at the commencement of this Act in any part of the pre-recognisation State of Rajasthan except the Sironj area at the commencement of the Rajasthan Revenue Laws (Extension) Act, 1957, in the Abu, Ajmer or Sunel area, and having the force of law, shall, if such custom or usage is repugnant to or inconsistent with the provisions of this Act, cease to be operative to the extent of such repugnancy or inconsistency.
(4) The provisions of any agreement relating to agricultural tenancies; existing and operative at such commencement, which are repugnant to or inconsistent with, the provisions of this Act, shall, subject to such savings as are- elsewhere Provided in this Act or in the Rajasthan Revenue Laws (Extension) Act, 1957, become void and cease to be operative to extent such repugnancy or inconsistency.
4. Omitted.
5. Definitions— In this Act, unless the context otherwise requires—
(1) "agricultural year" shall mean the year commencing on the first day of July and ending on the thirtieth day of June next following;
(2) "Agriculture" shall include horticulture, Cattle breeding, dairy farming. Poultry farming and forestry development.
(3) "Agriculturist" shall mean a person who by himself or by servants or tenants earns his livelihood wholly or principally by agriculture.
(4) "Assistant Collector" shall mean an Assistant Collector appointed under the Rajasthan Territorial Divisions Ordinance, 1949, or under any other law for the time being in force;
(5) "Biswedar" shall mean a person on whom a village or portion of a village in any part of the State is setelled on the Biswedari system and who is recorded as Biswedar or as an owner in the record of rights and shall include a Khatedar in the Ajmer area;
(6) "Board" shall mean the Board of revenue for the State established and constituted under the Rajasthan Board of Revenue Ordinance, 1949. or under any other law for the time being in force;
(6A) "Ceiling area"
(7) "Collector" shall mean a Collector or an Additional Collector appointed under the Rajasthan Territorial Divisions Ordinance, 1949, or under any other law for the time being in force;
(8) "Commissioner" shall mean the Commissioner of a Division and shall include an Additional Commissioner.
(9) "Crops" shall include shrubs, bushes, plants and climbers such as rose bushes, plants, mehendi bushes plantains and papittas, but shall not include fodder and natural produce.
(10) "Estate" shall mean Jagir land or interest in Jagir land held by a Jagirdar and shall include land or interest in land held by a Biswedar. or a Zamindar; or a Land owner.
(11) "Estate holder" shall mean the holder for the time being of an estate, that is to say, a Jagirdar, a Biswedar or a Zamindar; or a Land owner.
(11-A) "Existing Jagir Law" shall mean any Act, Ordinance, Regulation, rule, order, resolution, notification or bye-law relating to Jagir Lands or Jagirdars in force in the whole or any part of the State at the commencement of this Act and shall include—
(a) any custom or usage or relating to such Jagir land or Jagirdars prevailing at the commencement of this Act in the whole or any part of the State and having the force of law, and
(b) the terms and conditions contained in any order or instrument granting or recognising the grant of Jagir lands;
(11-B) "fragment" shall mean a piece of land less in area than the minimum preScribed by the State Government;
(12) "Grant" shall mean a grant or a right to hold land or interest in land in any part of the St-Ate and the person to whom such right is granted shall be called the 'grantee' thereof;
(13) "Grant at a favourable rate of rent" shall mean a grant in any part of the State at a rent which is less than the rent thereof, calculated in accordance with the sanctioned rent rates and which is, in accordance with the terms of the grant, not liable to variation under Chapter IX; and the holder of such a grant shall be called a 'grantee at a favourable rate' which expression shall also include concessional holder in the Sunel area;