The Rajasthan Tenancy Act, 1955

--- Section 1. Section 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. --- Section 3. Section 3.Repeal --- (I) On and from the coming into force of this Act, the following shall stand repealed, namely:— (a) the enactment mentioned in Column 2 of the Fist Schedule to the extent specified in Column 3 thereof; (b) any corresponding laws, other than the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 (2) Nothing contained in any Act, Ordinance, regulation, rule, order, resolution, notification or bye-laws not repealed hereby or by the Rajasthan Revenue Laws (Extension) Act, 1957 or in the terms or conditions of any order or instrument granting, or recognising the grant of a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. --- Section 5. Section 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, 3 Cattle breeding, dairy farming,4 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 (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" x x x (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 5Subs. By part A of the First Schedule to Raj. Act No. 2 of 1958. 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; (14) Omitted. (15) "Grove-land" shall mean any specific piece of land in any part of the State having trees planted thereon in such numbers that they preclude, or where full grown, will preclude, such land or any considerable portion thereof from being used primarily for any other agricultural purpose and the trees so planted shall constitute a grove. (16) "High Court" shall mean the High Court for the State of Rajasthan; (17) "Holding" shall mean a parcel or parcels of land, held under one lease, engagement or, in the absence of such lease, engagement or grant, under one tenure and shall include, in the case of an Ijaradar or Thekadar, the ijara or theka area: Provided that, for the purposes of Chapter III-B, all parcels of land held anywhere throughout the State by a person under one or more than one lease, engagement, grant or tenure, and whether cultivated personally or let or sub-let by him, shall be deemed to be his holding and, where any such land is held by more then one person as co-tenants or co-sharers, the share of each of them shall be deemed to be his separate holding whether a division thereof has or has not actually taken place; (18) "Ijara or Theka" shall mean a farm or lease granted for the collection of rent, the area to which an Ijara or Theka relates shall be called the "Ijara or Theka area" And an "Ijaradar" or "Thekadar" shall mean the person to whom an Ijara or Theka is granted; (19) "Improvement" shall mean, with reference to a tenant's holding- (a) a dwelling house erected. on the holding by the tenant for his own occupation or a cattle-shed or a storehouse or any other construction for agricultural purposes erected or set up by him on his holding; (b) any work which adds materially to the value of the holding and which is consistent with the purpose for which it was let; and subject to the foregoing provisions of his clause, shall include (1) The construction of bunds, tanks, wells, water channels and other work for the storage, supply or distribution of water for agricultural purposes, (2) the construction of works for the drainage of land for its protection from floods or from erosion or from other damage by water, (3) the reclaiming, clearing, enclosing, levelling or terracing of land, (4) the erection in the immediate vicinity of the holding, otherwise than on the village-site, of building required for the convenient or profitable use or occupation of the holding. (5) the renewal or reconstruction of any of the foregoing works or such alteration therein or additions thereto as are not of the nature of mere repairs; but shall not include such temporary wells, water channels, bunds, enclosures or other works as are made by tenants in the ordinary course of cultivation. (20) Omitted. (21) "Jagirdar" shall mean any person holding Jagir land or any interest therein in any part of the State and recognised as a Jagirdar under any existing Jagir Law and shall include a grantee of Jagir land from a Jagirdar; (22) "Jagir land" shall mean land in any part of the State in which or in relation to which a Jagirdar has rights in respect of land revenue or any other kind of revenue and shall include— (a) land held in the pre-reorganisation State of Rajasthan other than the Sironj area on any of the tenure; specified in the Second Schedule, (b) land, if any, held in the Abu area as Jagir as defined in clause (vi) of subsection (1) of section 2 of the Bombay Merged Territories and Areas (Jagir Abolition) Act, 1953 (Bombay Act 39 of 1954). (c) land, if any, held in the Ajmer area as an estate as defined in clause (v) of sub-section (1) of section 2 of the Ajmer Abolition of Intermediaries and Land Reforms Act, 1955 (Ajmer Act HI , 1955) that is to say, as an Istmrari estat, or as Jagir, Bhum, Muafi or Guzara or by a minor Istmradar or a non-Sanadi Istmrardar, and (d) Jagir land as defined in clause (vii) of sub-section (2) of the Madhya Bharat Abolition of Jagirs, Act, Samvat 2008 (Madhya Bharat Act 28 of 1951) , if any, held in the Sunel area; (e) land or interest in land held by a Land owner. (23) "Khudkasht" shall mean land in any part of the State cultivated personally by in estate holder and shall include (i) land recorded as Khudkasht, Sir, Havala, Niji-jot, Gharkhed in settlement records at the commencement of this Act in accordance with law in force at the time when such record was made, and (ii) land allotted after such commencement as Khudkasht under any law for the time-being. in force in any part of the State. (24) "land" shall mean land which is let or held for agricultural purposes or for purposes subservient thereto or as grove land or for pasturage, including land occupied by houses or enclosures situated on a holding, or land covered with water which may be used for the purpose of irrigation or growing singhara or other similar produce but excluding abadi land; it shall include benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to earth. (25) "land cultivated personally" with all its grammatical variations and cognate expressions, shall mean 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) under the personal supervision of oneself or any member of one's family by hired labour or by servants on wages payable in cash or in kind but not by way of a share in crop: 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 Services 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. (25-A) Land Owner—shall mean the Ruler of a Covenanting State in Rajasthan holding an estate, as defined in clause (b) of section 2 of the Rajasthan Land Reforms and Acquisition of Landowner's Estate Act, 1963 (Rajasthan Act 11 of 1964) under and in accordance with the Settlement of his personal or private properties made in pursuance of the covenant and finally approved by the Central Government. (26) "land-holder" shall mean the person (in any part of the State, by whatever name designated) to whom rent is, or, but for a contract, express or implied, would be, payable and shall include (i)an estate-holder, (ii) a grantee at a favourable rate of rent, (iii) in the case of a sub-lease, the tenant-in chief who has sublet or his mortgagee, (iv) for the purposes of Chanter IX' and X, and ijaradar or Thekadar, and (v) generally every person who is a superior holder, in relation t;) persons holding directly from or under him; (26-A) "Landless person" shall mean an agriculturist by profession who cultivates or can reasonably be expected to cultivate land personally but who does not hold any land, whether in his own name or in the name of any member of his joint family, or holds a fragment; (26-AA) "Malik" means a Zamindar or a Biswedar who;upon the vesting of his estate in the State Government under the Rajasthan Zamindari and Biswedari Abolition Act, 1959, becomes, under section 29 thereof, the Malik of the Khudkasht land by him; (26-B) "Member of the Military, Naval or Air Services of India" or "member of the Armed Force of the Union" shall include a member of the Rajasthan Armed Constabulary. (27) "Occupied land" shall mean land which for the time being has been let out to, and is in the occupation of, a tenant and shall include khudkasht, and "unoccupied land" shall mean land which is not occupied; (28) "Pasture land" shall mean land used for the grazing of the cattle of a village or villages or recorded in settlement records as such at the commencement of this Act or thereafter reserve as such in accordance with rules framed by the State Government; (29) "Pay" with all its grammatical variations and cognate expression, shall, when used with reference to rent, include "deliver" with all its grammatical variations and cognate expressions; (30) "Prescribed" shall mean prescribed by rules made under this Act; (31) "Registered" shall mean registered under the Indian Registration Act, 1908 (Central Act XVI of 1908) and shall include "attested" under the provisions of section 33 of this Act; (32) "Rent" shall mean whatever is in cash or in kind or partly in cash and partly in kind payable on account of the use of (he occupation of land or on account of any right in land and, unless the contrary intention appears, shall include sayer, (33) Omitted. (34) "Revenue" shall mean land revenue, that is to say, the annual demand payable directly to the State Government on any account whatsoever in respect of and or of any interest in or use of land and shall include assigned land revenue; (34-A) "Revenue appellate authority" shall mean the officer appointed as such authority under section 20A of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) ; (35) "Revenue Court" shall mean a court or an officer having jurisdiction to entertain suits or other proceedings relating to agricultural tenancies, profits and other matters, connected with land or any right or interest in land, wherein such court or officer is required to act judicially; it shall include the Board and every member thereof, a revenue appellate authority, a Collector, a Sub-Divisional Officer, an Assistant Collector, a Tehsildar or any other revenue officer while so acting; (36) "Revenue Officer" shall mean any officer employed in the business of revenue and rent or in maintaining revenue records; (37) "Sayar" shall include whatever is to be paid by a lessee or licensee on account of the right to gather from unoccupied land such produce as grass, thatching grass, wood, fuel, fruits lac, gum, long; pala, panni, water-nuts or the like or such refuse as bones or dung lying scattered on the surface or on account of fisheries of forest rights or the use of water for irrigation purposes from artificial sources; (37-A) "Scheduled caste" shall mean any of the castes, races or tribes or members of, groups within, the castes or tribes, specified in Part XIV of the Constitution (Scheduled Castes) Order 1950. (37-B) "Scheduled tribe" means any of the tribes, tribal communities or parts of or groups within the tribes or tribal communities, specified in Part XII of the Constitution (Scheduled Tribes) Order, 1950; (38) "Settlement" shall mean settlement or resettlement of rent or revenue or both and shall include a summary settlement under the Rajasthan Lands Summary Settlement Act, 1953 (Rajasthan Act XIX of 1953) ; (39) "State" shall mean the State of Rajasthan as formed by section 10 of the States Reorganisation Act, 1956 (Central Act 37 of 1956) ; (40) "Sub-Divisional Officer" shall mean an Assistant Collector placed incharge of one or more sub-divisions under the Rajasthan Territorial Divisions Ordinance, 1949, or under any other law for the time being in force; and includes for the purpose of Chapter III-B, an Assistant Collector in respect of all the subdivisions in the district where he is posted for the time being. (41) "Sub-tenant" shall mean a person in any part of the State by whatever name designated who holds land from the tenant thereof including a Malik or a tenant from a land owner and by whom rent is or but for a contract express or implied would be, payable; (42) "Tehsildar" shall mean Tehsildar appointed under the Rajasthan Territorial Divisions Ordinances, 1949, or under any other law for the time being in force; (43) "Tenant" shall mean the person by whom rent is, or, but for a contract, express or implied, would be, payable and, except when the contrary intention appear, shall include- (a) in the Abu area, a permanent tenant or a protected tenant. (b) In the Ajmer area, an ex-proprietary tenant or an occupancy tenant or a hereditary tenant or a non-occupancy tenant or a Bhooswami or a Kashtkar, (c) In this Sunel area, an ex-proprietary tenant or a pakka tenant or an ordinary tenant. (d) a co-tenant, (e) a grove-holder, (f) a village servant, (ff) a tenant holding from a land owner, (g) a tenant of Khudkasht, (h) a mortgagee of tenancy rights, and (i) a sub-tenant, but shall not include a grantee at a favourable rate of rent or an Ijaredar or thekadar or a trespasser; (44) "Trespasser" shall mean a person who takes or retains possession of and without authority or who prevents another person from occupying land duly let out to him; (45) "Village service grant" shall mean a grant in any part of the State, by whatsoever name designated and either rent-free or at a favourable rate of rent, or on other terms made in lieu of or as remuneration for some specific service to be performed to the village community 'or in the village administration, and the holder of such grant shall be called a "village servant". (46) "Zamindar" shall means a person on whom a village or portion of a village in any part of the State is settled on the Zamindari system and who is recorded as such in the record of rights and shall include a proprietor as defined in clause (a) of section 2 of the Madhya Bharat Zamindari Abolition Act, Samvat 2001 (Madhya Bharat Act 13 of 1951) , if any, in the Sunel area; (47) "Nalbat" shall mean a payment in cash or in kind to the owner of a well by some person for using that well for irrigation. --- Section 6. Section 6.Possessors of rights, etc. include their predecessors and Successors --- All words and expressions used in this Act to denote the person in possession of any right, title or interest in land shall unless the context otherwise requires, be deemed to include the predecessors and successors in rights, title or interest of such person. --- Section 7. Section 7.Applicability of the Act to State Government --- In respect of land held by tenants directly from the State Government the provisions of this Act shall apply, unless expressly provided otherwise; as if the State Government were the land holder acting through the Tehsildar. --- Section 8. Section 8.Power to act through agent --- (1) Save as otherwise provided by the Code of Civil Procedure, 1908, (Central Act V of 1908) , in the case of proceedings governed by that Code, anything which is by this Act required or permitted to be done by a landholder or a tenant may be done by his agent duly authorised in the manner prescribed and, in the absence of evidence of a contrary intention, such agent shall, in all dealings between a landholder and a tenant, be deemed to be acting under the authority of his principal (2) Processes served on and notices given to such agent shall be as effectual for all purposes as if t: e same were served on or given to the landholder or the tenant, as the case may be, in person, and all the provisions of this Act relating to the service of process on, or the giving of notices to a party shall be applicable to the service of processes on or the giving of notices to such agent. --- Section 9. Section 9.Khudkasht right --- 'Khudkasht right' means the rights conferred on holders of Khudkasht by this Act and by6 any other law for the time being in force in the whole or any part of the State. --- Section 10. Section 10.Succession and transfer --- (1) Khudkasht right shall evolve upon the person who succeeds to the estate of an estate holder. (2) Khudkasht right is not transferable except by exchange or by partition of the Khudkasht or by gift for the purpose of maintenance: 7 Provided that nothing herein contained shall affect a transfer of Khudkasht right, lawfully made in the 8 Abu, Ajmer and Sunel areas before the commencement of the Rajasthan Revenue Laws (Extension) Act, 1957 otherwise than in the manner permitted by this sub-section. (3) On exchange each party shall have the same right in the land received in exchange as it had in the land given by it in exchange. --- Section 11. Section 11.Restriction on letting of Khudkasht --- No Khudkasht shall be let except as provided in sections 45 and 46. --- Section 12. Section 12.Extinction of Khudkasht right --- I) Land shall cease to be Khudkasht- (i) upon failure of successor to the holder thereof, or (ii) upon transfer thereof in contravention of sub-section (2) of Section 10, or (iii) when it is let in contravention of section 1 1 , or (iv) when Khatedari rights accrue therein under the provisions of this Act or under any other law for the time being in force to any person other than the Khudkashtholder, or (v) upon the holder of Khudkasht becoming a Khatedar tenant under section 13. (2) Where land is transferred in contravention of sub-section (2) of section- 13 the transferee shall become a Khatedar tenant thereof. --- Section 13. Section 13.Khatedari rights upon resumption or abolition --- On the resumption or abolition of an estate under any law in force in the whole or any part of the State, the estate-holder holding Khudkasht shall become a Khatedar tenant thereof and shall be entitled to all the rights conferred, and be subject to all the liabilities imposed, on a khatedar tenant by or under this Act; Provided that the Zamindar or Biswedar holding Khudkasht land on the abolition of this estate under the Raj. Zamindari and Biswedari Abolition Act, 1959, shall become the Malik of such Khudkasht land and shall be entitled to all the rights conferred and be subject to all the liabilities imposed on a Khatedar tenant by or under this Act. --- Section 14. Section 14.Classes of tenants --- For the purposes of this Act, there shall be the following classes of tenants, (a) Khatedar tenants, (aa) Maliks, and (b) Tenants of Khudkasht, and (c) Gair Khatedar tenants. --- Section 15AAA. Section 15AAA.Accrual of Khatedari Rights in the Indira Gandhi Canal area --- (1) Notwithstanding anything contained in Section 15-A,krty person who, at the commencement of this Act— (a) was a holder 'of Khudkasht or an occupancy tenant or a Maurusidar or a Khatedar tenant or a tenant with transferable and heritable rights and was recorded as such in the annual registers then current, or (b) was not so recorded, but was a holder of Khudkasht or an occupancy tenant or a Maurusidar or a Khatedar tenant or a tenant with transferable and heritable rights, shall, as from the date of the commence-ment of this Act, be entitled to all the rights, and subject to all the liabilities, of a Khatedar tenant under this Act. (2) Every person claiming that the rights mentioned in clause (b) of sub-section (I) accured to him shall, within one year of the commencement of the Rajasthan Tenancy (Amendment) Act. 1979 and on the payment of a court fee of fifty paisa, apply to the Assistant Collector having jurisdiction, or to any other authority as may be prescribed by the State Government from time to time, for a declaration that he acquired Khatedari rights under clause (b) of sub-section (1) in the land held by him and the provisions of sub-section (5) section 15 shall apply to such application. (2-A) Notwithstanding anything contained in section 15-A, any person who was a holder of Khudkasht or a tenant of land otherwise than as a sub-tenant or a tenant of Khudkasht within the Indira Gandhi Canal area, whether recorded as such at the commencement of this Act or subsequently in the record of rights, prepared during the survey or resurvey and record operations conducted under sections 106 and 107 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act No. 15 of 1956), shall be entitled to all the rights, and be subject to all the liabilities, of a Khatedar tenant under this Act, with respect to the whole or such part of the land held as does not exceed the maximum area of land which he is entitled to hold in accordance with the provisions of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act No. 11 of 1973). (3) Notwithstanding anything contained in sub-section ;I) of section 15- A and save or otherwise provided in sub-section (I)any person who, at the commencement of this Act,— (a) was a tenant of land or otherwise than as a sub-tenant or a tenant of Khudkasht and was recorded as such in the annual registers then current, or (b) was not so recorded, but was a tenant of land otherwise than as a sub tenant or tenant of Khudkasht, and was in continuous possession of the land as such tenant upto the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1983, shall, on an application being made in such form and in such manner as may be prescribed to the Assistant Collector having jurisdiction or to any other officer or authority authorised by the State Government in this behalf, within 1426 days of the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1983 i.e. upto 30th June 1987 and be granted Khatedari rights in respect of the land in his tenancy upto the limit of the area which can be held by him under the provisions of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act 11 of 1973), provided he pays to the State Government the reserve price for the land held by him in excess of 25 bighas of irrigated or 50 bighas of un-irrigated land and upto the said limit at the rate prescribed under section 7 read with section 28 of the Rajasthan Colonisation Act, 1954 (Rajasthan Act 27 of 1954) and in force on the date of commencement of Rajasthan Tenancy (Amendment) Act, 1983. Provided that the State Government may, on being satisfied that it is necessary or expedient to do so, extend by notification the period beyond 30th June, 1987, not exceeding six months, up t.) we day as deemed fit. Explanation I— For the purpose of grant of Khatedari rights under this subsection, the expression 'tenant' shall include his successor-ininterest but shall not include his transferee. Explanation II— where there are two or more co-tenants in a holding on the date of commencement of the Rajasthan Tenancy( Amendment) Act, 1983, all such co-tenants shall, for the purpose of grant of Khatedari rights with respect to the area of land for which no reserve price is to be charged, be deemed to be the sole tenant in that area of the holding. (4) subject to such rules as may be made by the State Government, the reserve price payable under sub-section (3) may be paid by the tenant in sixteen equal instalments of which the first instalment shall be paid along with the application under the said sub-section and the remaining instalments shall, thereafter, be payable on the 1st day of January and 1st day of July of each succeeding year until the entire amount of reserve price is paid of: Provided that where water from the Indira Gandhi Canal is released for irrigation for the first time, after the commencement of the Rajasthan Tenancy (Amendment) Ordinance, 1984, to n e land in which Khatedari rights are granted under sub-section (3), the first instalment of Rs. 500/- shall be paid along with the application under the said sub-section, and the remaining amount shall be payable in sixteen equal instalments on the 1st day of January and 1st day of July of each succeeding year after the expiry of two years from the date of release of water to such land for irrigation: Provided further that nothing in this sub-section shall preclude the tenant from making payment of the whole or part reserve price earlier than that provided in this sub-section (5) Notwithstanding anything contained in sub-section (3), where a tenant pays to the State Government the entire reserve price in one lump sum within the period allowed for making an application under that subsection, the amount of reserve price payable by him shall be deemed to be 25 less than that provided therein. (6) tenant who fails to pay the reserve price in accordance with subsection (4) or sub-section (5) shall not be entitled to the grant of Khatedari right under sub-section (3); (7) All applications made by persons, other than those referred to in sub-section (2) but falling within the preview of sub-section (3), before the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1983 for declaration of accrual of or for grant of Khatedari rights in the land held by them at the commencement of this Act and pending before the Assistant Collector or before any other authority prescribed by the State Government under sub-section (2) on such date, shall be treated as applications for the grant of Khatedari rights and be deemed to have been made under subsection (3) and shall be decided by the officer or authority mentioned in that sub-section in accordance with the provisions contained in sub-section (3) and sub-section (8). (8) Where a person claims himself to be a tenant of land as is referred to in sub-section (3) but was not so recorded in the annual registers current at the commencement of this Act, the question whether he was such a tenant or not shall be decided on the basis of available evidence including the consensus opinion of the Gram Sabha, comprising of all adult persons residing in the village where the land is situated, reduced into writing by the Assistant Collector or any other officer or authority competent under the said subsection to grant Khatedari rights. --- Section 15B. Section 15B.Khatedar tenants in Abu, Ajmer & Sunel areas --- Subject to the provisions contained in the proviso to sub-section (1) and in sub-section (2)to (5) of section 15 and in section 15-A and further subject to the provisions of section 16 and clause (d) of sub-section (1) of section 180 every person who, at the commencement of the Rajasthan Revenue Law (Extension) Act, 1957, is a tenant of land in the Abu, Ajmer or Sunel area otherwise than as a subtenant or a tenant of Khudkasht, shall be a khatedar tenant and shall, subject to the provisions of this Act, be entitled to all the rights conferred, and be subject to all the liabilities imposed, on Khatedar tenants by this Act: Provided that if any such person shall have, before such commencement, acquired any status or property in pursuance of a right lawfully conferred on him in excess of the rights conferred, or incurred in accordance with law a liability in excess of the liability imposed on a Khatedar tenant by this Act, he shall, notwithstanding anything to the contrary in this Act, continue to hold and enjoy the status or property so acquired or to be subject to the liability so incurred. --- Section 15. Section 15.Khatedar tenants --- (1)Subject to the provisions of section 16 and clause (d) of Sub-section (1) of section 180 every person who, at the commencement of this Act, is a tenant of land otherwise than as a subtenant or a tenant of Khudkasht or who is, after the commencement of this Act, admitted as a tenant otherwise than a sub-tenant or tenant of Khudkasht or an allottee of land under, and in accordance with, rules made under section 101 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) or who acquires Khatedari rights in accordance with provisions of this Act or of the Rajasthan Land Reforms and Resumption of Jagir Act, 1952 (Rajasthan Act VI of 1952) or of any other law for the time being in force shall be a Khatedar tenant and shall, subject to the provision of this Act be entitled to all the rights conferred; and be subject to all the liabilities imposed on Khatedar tenants by this Act: Provided that no Khatedari rights shall accrue under this section to any tenant, to whom land is or has been let out temporarily in Gang Canal, Bhakra, Chambal or Jawai project area or any other area notified in this behalf by the State Government. (2) Notwithstanding anything contained in sub-section (1) Khatedari rights shall not accrue there under to any person to whom land had been let out before the commencement of this Act by the State Government in furtherance of the Grow More Food Campaign or under some special order subject to some specified conditions or in pursuance of some statutory or non-statutory rules and who shall have, before such commencement, made a default in securing the objective of such campaign or a breach of any such order, condition or rule. (3) Any person referred to in sub-section (2) may, within three years from the date of commencement of this Act and on payment of a court-fee of twenty five naye paise apply to the Assistant Collector having jurisdiction praying for a declaration that acquired Khatedari right under sub-section (1) in the land held by him. (4) Such application may be made on any of the following grounds, namely: (a) that the land held by him was let out to him after the" commencement of this Act. (b) that it was not let out to him in any of the circumstances specified in sub-section (2). (c) that when the- land was so let out to him he was not apprised of such circumstances. (d) that he had, before such commencement made no default or breach of the nature specified in sub-section (2). (5) The Assistant Collector shall, upon the presentation of an application under sub-section (3), make inquiry in the prescribed manner and afford reasonable opportunity to the applicant of being heard and shall, if he does not reject the application , declare the applicant to have become Khatedar tenant of his holding in accordance with and subject to the provisions of the subsection (I). --- Section 15A. Section 15A.Khatedari rights not to accrue in Indira Gandhi Canal Area --- (1) Notwithstanding anything contained in section 13 or in sub-section (1) of section 15 of this Act to in any other law for the time being in force, or in any lease, Patta or other document, land in the Indira Gandhi Canal area leased out on any terms what ever shall be deemed to have been let out temporarily with in the meaning of the proviso to the said sub-section of the said section 15 of this Act and no Khatedari rights shall accrue or shall be deemed ever to have accrued in any such land leased out as aforesaid. Provided that nothing in sub-section (1) shall affect or apply to any person to whom Khatedari rights shall accrue in accordance with the provision of the Rajasthan Colonisation (General Colony) Conditions, 1955 or any other Statement of Conditions or Rules of Allotment and Sale of Government land made in exercise of the power conferred by section 7 of the Rajasthan Colonisation Act, 1954 (Rajasthan Act 27, 1954) or the rules for allotment of land for Khudkasht in the Rajasthan Canal area made under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Rajasthan Act 6 of 1952). (2) Any person claiming that he possesses and is in enjoyment of Khatedari rights in any land referred to in sub-section (1) because such land had been let out to him permanently before the commencement of this Act may within four years from the date of such commencement and on payment of a court fee of twenty-five naya paise apply to the Assistant Collector having jurisdiction, praying for a declaration to that effect and the provisions of sub-section (5) of section 15 shall apply to such application. --- Section 15AA. Section 15AA.Non-accrual of Khatedari rights in Chambal Project Area in certain cases --- (1) Notwithstanding anything contained in any lease, assessment Parcha, Patta or other document no Khatedari right shall be deemed ever to have accrued to person holding land within the Chambal Irrigation Project area. (2) Nothing in sub-section (1) shall affect or apply to any person who had since before the commencement of this Act, heritable and transferable rights under the tenancy laws of the former Kota State or the former Bundi State Or to whom Khatedari rights may have accrued under section 13 or section 19 of this Act or under and in accordance with the provisions of the Rajasthan Colonisation (Chambal Project ((government Land Allotment and Sale) Rules, 1957; or under or in pursuance of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Rajasthan Act 6 of 1952), or the Rajasthan Zamindari and Biswedari Abolition Act, 1959 (Rajasthan Act 8 of 1959). --- Section 16A. Section 16A.Tenants of Khudkasht --- Every person to whom at the commencement of this Act or at any time thereafter, Khudkasht has been or is let out lawfully by an estate holder in any part of the State shall be the tenant of such Khudkasht: Provided that, upon the estate holder becoming a Khatedar tenant of his Khudkasht land sunder section 13, the tenant (4 such Khudkasht shall become a sub-tenant holding under and from such Khatedar tenni. --- Section 16. Section 16.Land in which Khatedari rights shall not accrue --- Notwithstanding anything in this Act or in any other law or enactment for the time being in force in any part of the State Khatedari rights shall not accrue in (i)pasture land; (ii) land used for casual or occasional cultivation in the bed of river or tank; (iii) land covered by water and used for the purpose of growing Singhara or other like produce; (iv) land under shifting or unstable cultivation; (v) land comprised in gardens owned and maintained by the State Governments; (vi) land acquired or held for a public purpose or a work of public utility; (vii) land which, at the commencement of this Act or at any time thereafter, is set apart for military encamping grounds; (viii) land situated within the limits of cantonment; (ix) land included within railway or canal boundaries; (x) land within the boundaries of any Government forest; (xi) municipal trenching grounds; (xii) land held or acquired by educational institutions for purposes of instruction in agriculture or for play- ground; and (xiii) land within the boundaries of a Government agricultural or grass farm; (xiv) land which has been set apart or is, in the opinion of the Collector, necessary for flow of water thereon in to any reservoir or tanka for drinking water for a village or for surrounding villages: Provided that the State Government may, by notification in the Official Gazette declare that any land which is under shifting or unstable cultivation, shall cease to be a land for such cultivation and thereupon such land shall be available for the grant of Khatedari rights and the State Government may by a like notification, declare that any land which was not at the commencement of this Act under shifting or unstable cultivation shall at any time after such commencement be under such cultivation from such date as may be specified in the notification and thereupon such land shall be available for such cultivation. --- Section 17A. Section 17A.Maliks --- Every Zamindar of Biswedar whose estate is vested in the State Government under the Rajasthan Zamindari and Biswedari Abolition Act, 1959 shall be a Malik within the meaning of section 29 of that Act in respect of any Khudkasht land in his occupation at the date of such vesting. --- Section 17. Section 17.Ghair Khatedari tenant --- Every tenant of land in any part of the State other than a Khatedar tenant, a tenant of Khudkasht or sub-tenant shall be a Gair Khatedar tenant. --- Section 19. Section 19.Conferment of rights on certain tenants of Khudkasht and sub tenants --- (1) Every person who, at the commencement of this Act— (a) was entered in the annual registers then current as a tenant of Khudkasht or sub-tenant of land other than grove land, (b) was not so entered but was a tenant of Khudkasht or sub-tenant of land other than grove land. shall as from the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1959, hereafter in this Chapter referred to as the appointed date, become, subject to the other provisions contained in this Chapter, the Khatedar tenant of such part of the land held by him as does not exceed the minimum area prescribed by the State Government for the purpose of clause (a) of sub-section (1) of section 130 or exceeds the maximum area from which such person is liable to ejectment under clause (d) of the said sub-section of the said section and rights in improvements in that part of the said land shall also accrue to such person: Provided that Khatedari rights or rights in improvements shall not so accrue— (i) if such part of the said land is held from any of the persons enumerated in section 46, or (ii) if such rights therein may not accrue under the proviso to sub-section (I) of section 15 or under section 15-A or under section 15-B or under section 16, or (iii) if such person has, after the commencement of this Act and before the appointed date, ceased to be such tenant of Khudkasht or subtenant by virtue of lawful surrender of abandonment in accordance with the provisions of this Act or because of his having been ejected in accordance with those provisions by and under the decree or order of a competent revenue court. (1-A) Subject to the exceptions contained in the proviso to sub-section (1), every person referred to in that sub-section shall, as from the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1961, hereafter in this chapter referred to as the 'appointed day' become, subject to the other provisions contained in this chapter, the khatedar tenant of that part of land held by him in which he has not acquired Khatedari rights under sub-section (1) , before the appointed day, no proceeding for his ejectment under clause (a) or clause (d) sub-section (1) of section 180 shall have been started within the time limit prescribed by section 182-A or if on that day no such proceeding previously started might have been pending. ( l-AA)- Every person who on the 31st day of December, 1969, was entered in the annual registers than current as the tenant of Khudkasht or subtenant or was not so entered but was a tenant of Khudkasht or sub-tenant of land other than grove land shall subject to the exceptions contained in the provisos to sub-section (1), as from the date of the commencement of the Rajasthan Tenancy (Amendment) Act, 1979, hereinafter in this Chapter referred to as the said date become, subject to the other provisions contained in this Chapter, the Khatedar tenant of that part of the land held by him in which he has not acquired Khatedari rights under sub-section (I) or sub-section (1-A), if before the said date, no proceedings for his ejectment under clause (a) or clause (b) of sub-section (1) of section 180 shall have been started with the time limit prescribed by section 182-A or if on that date, no such proceedings previously stated might have been pending: Provided that no Khatedari rights shall accrue under this sub-section in the land which has been , or is liable to be declared surplus under any law relating to the imposition of ceiling on agricultural holdings: Provided further that no Khatedari right shall accrue under this subsection on the land belonging to the scheduled caste or scheduled tribe but it shall not be the case if the sub-tenant is the member of scheduled caste or scheduled tribe: Provided also that acquisition of Khatedari rights under this subsection shall be subject to the provisions of section 17 of the Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973 (Rajasthan Act 11 of 1973) (2) Every tenant of Khudkasht or subtenant referred to in clause (b) of subsection (1) claiming that the rights mentioned in that sub-section accrued to him on the appointed date in the whole or any part of his holding shall within two years of that date and on payment of a court-fee of Fifty naye paise, apply to the Assistant Collector having jurisdiction, praying for a declaration that such rights accrued to him as aforesaid, and the provisions of sub-section (5) of section 15 shall apply to such application and such tenant of Khudkasht or sub-tenant shall not be regarded to have become the Khatedar tenant of his holding or part, as the case may be, until he has obtained the declaration so prayed for. (2-A) (i) Every tenant of Khudkasht or sub-tenant claiming that the rights mentioned in sub-section (1-AA) accrued to him on the said date in the whole or any part of his holding shall within one year of the date and on payment of a court fee of fifty paisa, apply to the Assistant Collector having jurisdiction, praying for a declaration that such right accrued to him as aforesaid, and the provisions of subsection (5). of section 15 shall apply to such application. (ii) Where no application referred to in clause (i) has been made by the tenant of Khudkasht or the sub-tenant to whom the rights of Khatedar tenant accrued under sub-section (1—AA), the Assistant Collector having jurisdiction may on his own motion or otherwise within one year of the said date and after making an inquiry in the same manner as is prescribed for an inquiry under subsection (5) of section 15 and after affording a reasonable opportunity to the parties of being heard and on being satisfied that Khatedari rights accrued to such tenant of Khudkasht of sub-tenant under sub-section (1—AA), issue a declaration to that effect. (ii-a) Where . no declaration has been obtained or issued under clause (i) or clause (ii) in the case of a tenant of Khudkasht or sub-tenant claiming that the rights mentioned in sub-section ( l—AA) accrued to him on the holding, the tenant or subtenant, as the case may be, may notwithstanding the expiry of the time laid down in those clauses, within such time, as may, by notification in the Official Gazette, be specified from time to time by the State Government and on payment of a court fee of fifty paise, apply to the Assistant Collector having jurisdiction, praying for a declaration that such rights accrued to him as aforesaid, and the provisions of sub-section (5) of section 15 shall apply to such application ; and (iii) Where no declaration has been obtained or issued under clause (i) or clause (ii) or clause (ii-a) such tenant of Khudkasht or sub-tenant shall not be regarded to have become the Khatedar tenant of his holding or part thereof, as the case may be.

(iv) Where and to the extent such declaration as aforesaid is made in favour of the tenant of Khudkasht or sub-tenant referred to in subsection (1-AA) , the Assistant Collector having jurisdiction shall on the application of any person entitled to any benefit by way of restitution, cause such restitution to be made as will place the person in the position to which he would be entitled as a result of the aforesaid declaration having been made in his favour excepting any claim to mesne profits, of any, for the period during which such person remained out of.possession, or compensation in any form whatsoever; and for this purpose, the Assistant Collector may make such orders as are just and reasonable and are required in the circumstances of the case. (3) in respect of land in which rights accrue to him under sub-section (1) or subsection (I-A) or sub-section (1-AA) — (xvi) (a) every tenant of Khudkasht in relation to the estate-holder who let out such Khudkasht, (b) and every sub-tenant, in relation to (i) the State Government, if his tenant-in-chief held the land sub-let by the latter from the State Government, or (ii) the estate-holder, if such tenant-in-chief held such land from an estate-holder, shall, as from date of accrual of Khatedari Rights be entitled to all rights conferred and be subject to all liabilities imposed, on a Khatedar tenant by this Act. (4) Every tenant of Khudkasht or subtenant to whom rights accrue under sub section (1) or sub-section (1-A) or subsection (1-AA) shall be bound to pay to his land holder compensation determined in accordance with the provisions of this Chapter: Provided that such tenant or sub-tenant may, three years of the appointed date intimate in writing to the Assistant Collector having jurisdiction that he does not wish to acquire Khatedari rights on payments of such compensation, in which case he shall not acquire Khatedari rights or be liable to pay compensation and he shall continue as tenant of Khudkasht or sub-tenant as heretofore. --- Section 20. Section 20.Submission of claims for compensation --- (I) Every person claiming compensation on account of the accrual of rights in improvements (other than wells and other irrigation works) existing on, and of Khatedari right in respect of, the land held from him by his tenant of Khudkasht or sub-tenant shall submit a detailed statement of his claim for such compensation to the Sub-Divisional Officer in the prescribed form and in the prescribed manner. Every such claim shall be submitted:— (i) where such rights have accrued under sub-section- (1) or sub-section (1-A) of section 19 within four years of appointed day; and (ii) where such rights have accrued by virtue of a declaration under subsection (2) Or sub-section 2-A) of that section thin four years of such declaration. (2) The Sub-Divisional Officer shall, upon receipt of the statement of claim under sub-section (1) : (a) furnish a copy thereof to the tenant of Khudkasht or sub-tenant concerned, and require him by notice to submit objections, if any, to the claim within thirty days of the receipt of the notice, and (b) proceed to determine the amount of compensation payable by him in act accordance with the provisions of sections 23, 24, 25 and 26. --- Section 23. Section 23.Compensation for Khatedari Rights --- (1) The amount of compensation payable to a landholder under sub-section (4) section 12 for the accrual of rights under that section in respect of the whole or a part of the holding of a tenant of Khudkasht or sub-tenant shall be, in the case of un-irrigated lands, fifteen times and in the case of irrigated lands, twenty times: (a) the rent rate sanctioned for such holding or part during the last settlement, where rent in respect thereof has been settled, or (b) where rent in respect to such holding or part has not been settled, the rent rate sanctioned during the last settlement for similar land in the neighbourhood. (2) Subject to the provisions contained in section 25, no compensation shall be payable separately in respect of a well or other irrigation work existing on or in respect of any irrigational benefit arising or attached to the land in which rights have accrued as aforesaid. --- Section 24. Section 24.Compensation for Rights in improvements --- (1) The SubDivisional Officer shall determine the value of any improvement (other than a well or other irrigation work) made by the land holder or at his expense in respect of which he claims compensation, having regard to the following matters, namely:– (a) the cost of the improvement at the time ii was made, (b) the extent to which such improvement is likely to benefit the land in which khatedari rights have accrued under sub-section (I) or subsection (1-A) or sub-section (I-AA) of section 19 during the period of ten years next following the agricultural year in which such determination is made, and (c) such other matters as may be prescribed. (2) Subject to the provisions contained in section 25, the amount of compensation payable to a landholder under sub-section (4) of section 19 by the tenant of Khudkasht or sub-tenant concerned for rights in improvements (other than wells or other irrigation works) in or attached to that part of the land in his possession in which Khatedari rights accrue to him under sub-section (1) or sub-section (I–A) or sub-section (1–AA) of section 19 shall be forty per cent of the value of such improvements as determined under subsection (1). --- Section 25. Section 25.Computation of share of compensation in lieu of Nalbat --- (I) Where a well is attached to any land in which Khatedari rights accrue under section 19 and by any person other than the landholder is entitled to realise Nalbat in respect of such well, the Sub-Divisional Officer shall determine the share payable to such person out of the amount of compensation payable to the landholder in respect of such land under sub-section (I) of section 23. (2) For the purpose of determining such share, the Sub-Divisional Officer shall calculate the average value of the right to such nalbat in the following manner, namely (a) Where a Nalbat is being realised in cash, the average value of the right thereto shall be calculated on the basis of the average of the annual amounts so realised during the five years immediately preceding the agricultural year in which such calculation is made. (b) Where it is being realised in the form of a share of the produce, such value shall be calculated on the basis of the average money value of such share according to the average of the prices of like produce during the five years immediately preceding the agricultural year in which such calculation is made. (3) The amount of compensation payable in respect of the right to Nalbat shall be ten times the average value of such right as determined under sub-section (2) subject to a maximum of fifty per cent of the present market value of the well. (a) Omitted (b) Omitted (c) Omitted (4) The present market value of a well shall be determined by the SubDivisional Officer, having regard to the following matters. Namely:- (i) the time of construction of the well. (ii) the present stage of repairs of the well (iii) the area irrigated by the well in a normal year. (iv) the average present cost of the construction of such well, and (v) such other matters as may be prescribed. (5) The share payable to the person entitled to realise Nalbat out of the compensation determined under section 2 ;hall in no case exceed fifty percent of 'such compensation. --- Section 26. Section 26.Composition of Compensation --- (1) the total compensation payable by a tenant of Khudkasht or a sub-tenant for the Acquisition of Khatedari rights in land and of right in improvements including well shall consists of the aggregate of the amounts determined under section 23 and 24. (2) Any amount payable under section 25 shall be ordered to be paid out of the total amount mentioned in sub-section (I). --- Section 27. Section 27.Mode of Payment of Compensation --- (1) On the determination of the amount of compensation payable for the acquisition of Khatedari rights in improvements or both in accordance with the foregoing provisions the Sub-Divisional Officer shall order payment thereof either in a lumpsum or in a suitable number of annual instalments. (2) If the Sub-Divisional Officer orders such payment in annual instalments, such instalments shall not exceed ten in number and shall be fixed with due regard to the following matters, namely: (i) the total amount of compensation payable, (ii) the paying capacity of the liable to pay the sum, and (iii) such other matters as may be prescribed. (3) When the amount of compensation or any instalment thereof remains unpaid exceeding three months from the date of its falling due, it shall be realised by the Sub-Divisional Officer as an arrear of land revenue and paid to the person entitled to receive payment of the same. (4) All compensation payable under section 26 shall be deposited in the Tehsil and the Tehsildar shall pay the same to the person or persons entitled to receive the same. (5) The total amount of compensation payable in accordance with section 26 shall be a charge upon the holding and its produce next after the charge for rent and revenue in respect thereof and no tenant of Khudkasht or sub-tenant who acquire Khatedari rights and rights in improvements under section 19 shall be competent to alienate his holding or any part thereof unless and until the total amount ,of compensation as aforesaid shall have been paid up in full. Provided that such tenant or sub-tenant may alienate the whole or any part of his holding in accordance with the provisions of section 43 primarily for the purpose of the payment of such compensation, whether or not accompanied with any other purpose. --- Section 30A. Section 30A.Savings and disposal of pending applications --- 1) Nothing in this Chapter shall affect the decision on and disposal of any application under section 19 made before the appointed date and every such decision shall be operative as if validly and lawfully given. (2) All such applications pending at such date shall be consigned to records without any orders. --- Section 30. Section 30.Special provision for payment of compensation in certain specific case --- (1) Where before the accrual of rights under sub-section (1) or subsection (1-A) or or sub-section (l-AA) of section 19, a sub-tenant was holding the land in respect of which the right so accrued to him from a person who became a Khatedar tenant. (a) upon the commencement of this Act, under section 15; or (b) upon the commencement of the Rajasthan Revenue Laws (Extension) Act, 1957( Rajasthan Act 2 of 1958) , under section 15-B; but who had, previous to such commencement, no rights of transfer over such land the amount of compensation assessed under section 26 shall not be payable to such person unless he is entitled under sub-section (2). (2) In the cases contemplated by sub-section (1) — (a) Compensation for the acquisition of Khatedari rights in the land shall be payable to the person who immediately before the commencement of this Act had rights of transfer in such land, and (b) Compensation for the acquisition of rights in improvement attached to such land shall be payable primarily to the person by whom or at whose expense they were made. --- Section 31. Section 31.Rights to residential house --- (I) Subject to any rules, that may be made by the State Government in this behalf, a tenant shall have the right, free of charge to possess in the abadi of the village in which he holds land a site for a residential house: Provided that, if he holds land in more than one village, he may choose the village in which he wishes to enjoy his concession and shall not be entitled to this concession in more than one village: Provided further that he shall have to make an application to the Tehsildar, if he has no residential house, for allotment of a suitable site for the purpose. Explanation—A residential house shall Mei:1de an enclosure or shed for cattle as well as accommodation for stocking seed fodder and agricultural implements and also land required for the construction of reservoir or tanka. (2) Subject as aforesaid and notwithstanding any thing to the contrary contained in sections 95, 96, 97, 98 and 102 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) agricultural worker or an artisan who may have been permanently residing in the abadi of a village for a ten years or more shall also have the right, free of charge, to possess in the abadi of that village a site for a residential house and the provisions contained in the second proviso to subsection (1) shall apply. Explanation— For the purpose of sub-section (2) — (a) agricultural worker shall mean a person who is not a tenant but works as a labour on the field or fields of a tenant lying within the village of his residence; and (b) "artisan" shall include a blacksmith, a carpenter, a cobbler. a potter and a weaver. --- Section 32. Section 32.Right to written lease and counterparts --- (I) Every tenant shall be entitled to receive from his land holder a written lease consistent with the provisions of this Act in the prescribed Corm and containing the prescribed particulars. (2) Upon delivering or tendering to a tenant such a lease as is mentioned in sub-section (1), the land-holder shall be entitled to receive from the tenant a counterpart thereof. (3) If a lease or counterpart is not received by the person entitled to receive it under this section, he may bring a suit for obtaining such lease or counterpart, as the case may be, --- Section 33. Section 33.Attestation of leases in lieu of Registration --- (1) Notwithstanding anything contained in the Indian Registration Act, 1908 (Central Act XVI of 1908) , the parties to a lease may, in lieu of registering the same, obtain the attestation thereto of such officer or person as the State Government may appoint in this behalf, (2) Such officer or person may, after making such inquiry as may be prescribed, attest the instrument of lease in the prescribed manner: Provided that no such instrument shall be accepted for attestation unless presented within four months of its execution: Provided further that nothing contain in this sub-section shall apply in respect of leases granted by or on behalf of the State Government (3) An instrument so attested shall be deemed to be registration within the meaning of the Indian Registration Act, 1908 (Central Act XVI of 1908). --- Section 34. Section 34.Prohibition of premium or Forced Labour --- Subject to any other provisions of this Act, no land holder shall accept a premium for the grant or a lease or make a tenant liable to render any service of the land-holder whether for wages or otherwise and such condition shall be void, notwithstanding any law or custom to the contrary: Provided that nothing in this section shall bar the recovery of the price of land allotted to any person in accordance with rules made under section 100 or section 101 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) or the recovery of any payment required to be made under rules made under section 30F of this Act, --- Section 35. Section 35.Prohibition of payment other than rent --- Notwithstanding any custom or contract to the contrary, no payment by whatever name called or known, shall in addition to the rent of the holding, or any other charge imposed by law or approved by the- State Government, be levied on or recovered from a tenant. --- Section 36A. Section 36A.Acquisition of right to Nalbat --- (1) If any person has. since before the commencement of this Act or in the Abu Ajmer and Stine' areas since before the commencement of the Rajasthan Revenue Laws .(Extension) Act. 1957 (Rajasthan Act 2 of 1958) been Khatedar tenant of. or upon such commencement acquires under section 15 or section 15-B Khatedari rights in land with a well is attached thereto and the right to realise Nalbat in respect of such well is vested in some person other than the landholder. such first mentioned person may apply to the Sub-Divisional Officer in the presCribed from and prescribed manner for the acquisition of such right within one year from the date of the commencement of the Rajasthan Tenancy (Amendment) Act. 1959: Provided that the Sub-Divisional Officer may entertain an application made under this section after the expiry of the period of one year if he is satisfied that the applicant had sufficient cause for not making the application within the said period. (2) On receipt of application under sub-section (I) the Sub-Divisional Officer shall issue a notice to the person in whom the right to realise Nalbat so vests informing him that if he desires to contest the application he must submit his objections in writing within thirty days of the receipt of the notice. (3) Whether or not the application is contested. such person shall submit to the Sub-Divisional Officer a detailed statement in the prescribed form and in the prescribed manner of his claim for compensation on account of the acquisition of such right to Nalbat. (4) If the landholder contests the application the Sub-Divisional Officer after holding such inquiry as he thinks fit: reject the application or grant the same subject to the provisions contained in sub-section (5). (5) If the Sub-Divisional Officer grants an application, he shall determine the amount of compensation payable for such acquisition in accordance with the provisions of section 25, and the provisions of sections 27 and 30 shall apply to and govern the payment of such compensation. (6) Nothing in this section shall affect the decision on and disposal of any application under section 29 made before the commencement of the Rajasthan Tenancy (Amendment) Act, 1959 and every such decision shall be operative as if validly and lawfully given. (7) All such application pending at such commencement shall be deemed to have been presented under this section and shall be proceeded with accordingly. --- Section 36. Section 36.Use of materials --- Notwithstanding anything contained in this Act or any other law for the time being in force, ki tenant shall have the right to remove and utilise for any work in connection with his holding or residential house, stones or other materials lying on, or under the surface of his holding or obtained by digging during the course of making an improvement: Provided that the exercise of this right by tenants may be re:Dilated by rules ma by the State Government in this behalf. --- Section 37. Section 37.Bar to seizure, attachment and sale by process of Court --- The rights of a tenant in a holding shall not be liable to seizure, attachment or sale by process of any civil court. --- Section 38. Section 38.Interest of tenants --- Save as Provided in this Act, the interest of a tenant in his holding is heritable but not transferable. --- Section 39. Section 39.Bequest --- A Khatedar tenant may by will bequeath his interest in the holding of part thereof in accordance with the personal law to which he is subject. --- Section 40. Section 40.Succession to tenants --- When a tenant dies intestate, his interest in his holding shall devolve in accordance with the personal law to which he was subject at the time of his death. --- Section 41. Section 41.Transferability of Khatedar's interest --- The interest of a Khatedar tenant shall be transferable otherwise than by way of sub-lease, subject to the conditions specified in sections 42 and 43. --- Section 42B. Section 42B.Declaration as valid of sale, gift and bequest --- Where any sale, gift or holding before the commencement of the Rajasthan Tenancy (Second Amendment) Act, 1992 Act No. 22 of 1992 was void on account of contravention of any of the provisions of clause (a) of section 42, as it stood before the said amendment Act of 1992, such sale, gift or bequest may be declared to be valid by the Collector or any officer or authority empowered by the State Government in this behalf on an application made to him or it within such time and in such manner and on payment of such fee and penalty as may be prescribed: Provided that- (a) - such sale, sift or bequest was otherwise legally valid and in conformity with the provisions of the laws for the time being in force except those contained in clause (a) of section 42 as aforesaid: (b) the parties to the sale, or bequest comply with all the terms and conditiOns as may be prescribed by the rules or by any special or general order: (c) the payment is -made of such premium or penalty as may be prescribed: (d) the applicant undertakes to pay urban assessment levied at such rate and in accordance with such manner as may be prescribed. --- Section 42. Section 42.General restrictions on sale, gift and bequest --- The sale, gift or bequest by a Khatedar tenants of his interest in the whole or part of his holding shall be void, if — (a) Omitted. (b) such sale, gift or bequest is by a number of Scheduled Caste in favour of a person who is not a member of the Scheduled Caste, or by a member of a Scheduled Tribe in favour of a person who in not a member of the Scheduled Tribe. (bb) such sale, gift or bequest, notwithstanding anything contained in clause (b), is by a member of Saharia Scheduled Tribe in favour of a person who is not a member of the said Saharia tribe. (c) Omitted.