RAJASTHAN
TENANCY (THIRD AMENDMENT) ACT, 1960
Preamble - RAJASTHAN TENANCY (THIRD AMENDMENT) ACT, 1960
THE RAJASTHAN TENANCY (THIRD AMENDMENT) ACT, 1960
[Act No. 22 of 1960]
[13th June, 1960]
PREAMBLE
An Act further to amend the Rajasthan Tenancy Act, 1955.
BE it enacted by the
Rajasthan State Legislature in the Eleventh Year of the Republic of India as
follows:--
Section 1 - Short title
This Act may be called the
Rajasthan Tenancy (Third Amendment) Act, 1960.
Section 2 - Amendment of section 66, Rajasthan Act 3 of 7955
To section 66 of the
Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955), hereinafter referred to
as the principal Act, the following provisos shall be added, namely:--
"Provided that no such
improvement, as is referred to in sub-clause (a) of clause (19) of section 5,
shall be made--
(a)
within a radius of ten miles of the municipal limits of the City
of Jaipur, or
(b)
within a radius of five miles of any other city as defined in the
Rajasthan Municipalities Act, 1959, of
(c)
within a radius of two miles of any other municipality, except
with the sanction of the Tehsildar applied for and accorded in the prescribed
manner:
Provided further that no
sanction shall be necessary for the construction of temporary structure:
Provided also that all or
any such improvements shall not extend over such area, not exceeding
one-fiftieth of the total area of the holding, as may be prescribed and shall
not be sanctioned otherwise than in the prescribed circumstances."
Section 3 - Amendment of section 67, Rajasthan Act 3 of 1955
In section 67 of the
principal Act--
(i)
after the words "sanction of the Tehsildar", the words
"applied for and accorded in the prescribed manner" shall be
inserted; and
(ii)
after the proviso, the following further proviso, shall be
inserted, namely:--
"Provided further that
all or any of the improvements referred to in sub-clause (a) of clause (19) of
section 5 shall not extend over such area, not exceeding one-fiftieth" of
the total area of the holding, as may be prescribed and shall not be sanctioned
otherwise than in the prescribed circumstances.".
Section 4 - Amendment of section 182, Rajasthan Act 3 of 1955
After sub-section (4) of
section 182 of the principal Act, the following new sub-section shall be
inserted, namely:--
"(5) Where an
estate-holder who has been a member of the Armed Forces of the Union seeks the
ejectment of his tenant of khudkasht or ghair-khatedar tenant, or where a
khatedar tenant having been such a member seeks the ejectment of his
sub-tenant, under clause (a) or clause (d) of subsection (1) of section 180,
then, notwithstanding anything contained in the provisos to those clauses or in
section 19, the court may direct by such decree or order that the tenant of
khudkasht or ghair-khatedar tenant or, as the case may be, the sub-tenant shall
be ejected from the whole of his holding or, as the case may be from a portion
thereof, if it does not exceed the ceding area applicable to such estate-holder
or such khatedar tenant."
Section 5 - Substitution of new section for section 183, Rajasthan Act 3 of 1955
For section 183 of the
principal Act, the following new section shall be substituted, namely:--
"183. Ejectment of
certain trespassers.--
(1)
Notwithstanding anything to the contrary in any provision of this
Act, a trespasser who has taken or retained possession of any land without
lawful authority shall be liable to ejectment, subject to the provision
contained in sub-section (2), on the suit of the person or persons entitled to
admit him as tenant, and shall be further liable to pay as penalty for each
agricultural year, during the whole or any part whereof he has been in such
possession, a sum which may extend to fifteen times the annual rent.
(2)
In case of land which is held directly from the State Government
or to which the State Government, acting through the Tehsildar, is entitled to
admit the trespasser as tenant, the Tehsildar shall proceed in accordance with
the provisions of section 91 of the Rajasthan Land Revenue Act, 1956 (Rajasthan
Act 15 of 1956)."
Section 6 - Omission of section 186, Rajasthan Act 3 of 1955
Section 186 of the
principal Act shall be omitted.
Section 7 - Substitution of new section for section 187, Rajasthan Act 3 of 1955
For section 187 of the
principal Act, the following new section shall be substituted, namely:--
"187. Remedies for
wrongful ejectment.--
(1)
Any tenant ejected from, or prevented from obtaining possession
of, his holding or any part thereof otherwise than in accordance with the
provisions of the law for the time being in force, may sue the person so
ejecting him or keeping him out of possession for all or any of the following
reliefs, namely:--
(i)
for possession of the holding;
(ii)
for compensation for wrongful ejectment or dispossession;
(iii)
for compensation for any improvement he may have made:
Provided that no decree for
possession shall be passed where the plaintiff, at the time of the passing of
the decree, is liable to ejectment in accordance with the provisions of this
Act within the current agricultural year.
(2)
If the decree is for possession no compensation for any
improvement shall be awarded and such decree shall also be subject to refund,
within such time as the court may allow, by the plaintiff to the defendant of
any amount that the latter may have paid as such compensation when he was
ejected or dispossessed.
(3)
Where in a suit for possession under this section or in an appeal
from any decree or order passed in such suit, a decree for possession cannot be
passed for the reason stated in the proviso to sub-section (1), the decree
shall be for costs only.
(4)
Where a decree is passed for compensation for wrongful ejectment
or dispossession and not for possession, the compensation awarded shall be for
the whole period during which the ejected or dispossessed tenant was entitled
to remain in possession.
(5)
A tenant who has sued for possession only shall not be entitled to
institute a separate suit for compensation for wrongful ejectment or for an
improvement in respect of the same cause of action.
(6)
To a suit for possession under this section every person ejecting
the plaintiff or keeping him out of possession as well as the person, if any,
put in possession of the whole or a part of the holding after such ejectment by
the person who ejected the plaintiff, shall be joined as defendants and, in
passing a; decree for possession, the court shall order that the person in such
possession shall be ejected therefrom:
Provided that the court,
instead of ordering ejectment of such person, may, in case he has, before the
service upon him of the "summons for the first hearing fixed for the suit,
sown the holding or part, declare him to be the sub-tenant of the plaintiff in
respect of such holding or part for that harvest only.
(7) A decree
for possession passed under this section shall be enforced, as nearly as may
be, in the same manner as if it were a decree for ejectment but regard shall
not be had to the time, if any, prescribed for the enforcement of such
decree."
Section 8 - Insertion of new sections 187A and 187B in Rajasthan Act 3 of 1955
After section 187 of the
principal Act, the following flew sections shall be inserted, namely:--
"187 A. Availability
of the provisions of section 187 to certain aggrieved tenants.--
The provisions of section
187 shall be applicable and available to any such tenant as is referred to in
sub-section (1) of that section who, on or after the 15th October, 1955 but
before the commencement of the Rajasthan Tenancy (Third Amendment) Act, 1960,
did not avail himself of the summary remedy provided in section 186 as it stood
immediately before such commencement or whose application for such remedy was
dismissed as having become barred by efflux of the period of limitation
provided in that section and such tenant may also bring a suit under and in
accordance with the provisions of section 187, notwithstanding anything
contained in section 186 or in entry No. 69 of the Third Schedule as the same
stood before the commencement of the Rajasthan Tenancy (Third Amendment) Act.
1960."
"187 B. Summary suit
for reinstatement based on possession--
(1)
Notwithstanding anything contained in section 187 any tenant, who,
without his consent, is ejected from, or dispossessed of, his holding or any
part thereof, otherwise, than in due course of law, may bring a suit praying
for his reinstatement in such holding or part and recover possession thereof,
notwithstanding any other title that may be set up in such suit.
(2)
Nothing in this section shall bar any person from suing to
establish his title to such holding or part and to recover possession thereof.
(3)
No suit under this section shall be brought against the Central
Government or any State Government.
(4)
No appeal shall lie from any order or decree passed" in a
suit under this section nor shall any review of such order or decree be allowed
(5)
The provisions of section 184 shall not apply to a decree or order
passed under this section"
Section 9 - Amendment of the Third Schedule to Rajasthan Act 3 of 1955
(i) After
serial number 23, the following shall be inserted, namely:--
|
"23A 187. |
Suit for recovery of possession or
for compensation or for both. |
Three years. |
Commencement of the Rajasthan Tenancy
(Third Amendment) Act, 1960 or when wrongful ejectment or dispossession takes
place or the tenant is prevented from obtaining possession, whichever may be
later. |
Fifty naye paise. |
Assistant Collector. |
|
23B 187B |
Summary suit for reinstatement based
on possession. |
Six months |
When ejectment or dispossession takes
place |
Twenty-five naye paise. |
Assistant Collector " |
(ii) The
existing serial number 23A shall be renumbered and re-lettered as '23C'.