Rajasthan Land Revenue Act, 1956

1. Introduction:

• Act of 1956; consolidated and amended existing land revenue laws.
• Multiple levels of authority created for management. Structure appears complex but can be understood through a chart.

2. Object of the Act:

• To consolidate and amend laws relating to:
  • Land revenue matters.
  • Appointment, powers, and duties of revenue courts and officers.
  • Preparation and maintenance of maps and land records.
  • Settlement of revenue and rent; collection of revenue.
  • Partition of estates.
  • Incidental matters.
• The object clause acts as a summary of the entire act.

3. Definitions (Section 3):

• Nazul Land: Land within the limits of a municipality, panchayat circle, village, town, or city, irrespective of the number of inhabitants; vested in the State Government. (Mentioned as a PYQ question).

4. Board of Revenue (Sections 4-6):

• Apex authority for land revenue matters in Rajasthan.
• Headquartered in Ajmer (Section 6).
• Composition:
  • Chairman (Presiding Officer).
  • Minimum 3, maximum 20 members (increased from 15 in 2011).
• Members hold office during the pleasure of the Governor (Section 5).
• Powers:
  • Highest court of appeal, revision, and reference.
  • General superintendence of subordinate revenue courts.
  • Power to refer to a bench (depending on the matter).
  • Resolution of differences in opinion among members.
  • Maintenance of registers and accounts.
  • Other powers conferred by the State Government.
  • Appointment of Registrar and other ministerial officers as necessary.

5. Revenue Courts and Officers:

• Hierarchy:

  • State Level: Board of Revenue.
  • Division Level: Divisional-level officers.
  • Subdivision Level: Subdivision-level officers.
  • District Level: District-level officers.
  • Block Level: Block-level officers.
  • Tehsil/Sub-Tehsil Level: Tehsil/Sub-Tehsil-level officers.

• Revenue Appellate Authority:

  • Appointed by the State Government (minimum 3 members).
  • Hears appeals, revisions, and references on revenue matters.

• Settlement Commissioner: In charge of all settlement-related matters throughout the state.

• Director of Land Records: In charge of survey, preparation, revision, and maintenance of land records throughout the state.

6. Patwari Circles (Section 131):

• Districts are divided into smaller Patwari circles for efficient management.
• Each Patwari circle is managed by a Patwari.
• The Director of Land Records, with the previous sanction of the State Government, arranges villages into Patwari circles, subject to change as needed.
• Patwaris are appointed subject to rules made under the Act.

7. Land Record Inspection Circles:

• Larger than Patwari circles, also within districts.
• Managed by Land Record Inspectors (also called Girdawars/Kanugos).
• Appointed by the Director of Land Records with the previous sanction of the State Government.

8. Annual Registers (Section 132):

• Prepared by Land Record Officers (mentioned in PYQ).
• Method of preparation is prescribed by the State Government, allowing flexibility over time.

9. Hierarchy of Revenue Officials:

• Sadar Kanungo: Supervises Land Record Inspectors and Patwaris.
• Land Record Inspector/Girdawar/Kanungo: Manages Land Record Inspection Circles and supervises Patwaris.
• Patwari: Manages Patwari Circles.

10. Chapter 4 (Procedure): Covers procedures of revenue courts and officers (considered less important for the exam; not detailed).

11. Chapter 5 (Appeals, etc.): Mentions a two-tier appellate system (further details not provided in this section).

Land Records Act Notes: Continued

7. Land Record Inspection Circles:

• Larger than Patwari circles, within districts.
• Managed by Land Record Inspectors (Girdawars/Kanugos).
• Appointed by the Director of Land Records with prior State Government sanction.

8. Annual Registers (Section 132):

• Prepared by Land Record Officers (PYQ).
• Preparation method prescribed by the State Government; allows flexibility.

9. Hierarchy of Revenue Officials:

• Sadar Kanungo: Supervises Land Record Inspectors and Patwaris. Appointed by Director of Land Records, subject to rules under the Act.
• Land Record Inspector/Girdawar/Kanungo: Manages Land Record Inspection Circles; supervises Patwaris. Appointed by the Collector, subject to rules under the Act. Responsible for supervision, maintenance, and correction of annual registers and records.
• Patwari: Manages Patwari Circles. Appointed by the Director of Land Records, subject to rules under the Act. Collects rents, revenue, and other dues from landholders and tenants.

10. Chapter 4 (Procedure): Procedures of revenue courts and officers (less important for exam).

11. Chapter 5 (Appeals, etc.): Two-tier appellate system (details not provided). Appeal routes and time limits are crucial and require memorization.

12. Additional Information from Transcript:

• Patwari Appointment & Duties: Director of Land Records appoints Patwaris. Their duties include rent collection, revenue collection, and other dues collection from landholders and tenants within their assigned circle.
• Land Record Inspector Appointment & Duties: Collector appoints Land Record Inspectors (Girdawars/Kanugos). Their main responsibilities include supervision, maintenance, and correction of annual registers and records.
• Sadar Kanungo Appointment & Duties: Director of Land Records appoints Sadar Kanungos. They supervise both Land Record Inspectors and Patwaris, and perform other duties as prescribed by the State Government.
• Annual Register Details: Section 132 details the Annual Registers. Land Record Officers prepare them, with the method determined by the State Government, allowing for changes over time (mentioned in PYQ).

13. Appellate System (Chapter 5): (Requires memorization)

This section lacks complete details but highlights the need to understand the appeal hierarchy and timelines. The transcript mentions a two-tier system, but specific details on appeal routes and time limits are crucial and were partially detailed in the transcript. A table summarizing this would be beneficial. (Note: The transcript mentions some examples, but a complete table is needed which this summary can not create due to incomplete transcript information.)

14. Non-Appealable Matters:

• Orders admitting appeals for review under Section 5 of the Indian Limitation Act (because the Act already provides lengthy timeframes).
• Orders rejecting applications for revision or review (because the matter was deemed unworthy of consideration).
• Orders declared final by the Act (e.g., Board of Revenue decisions).
• Interlocutory orders.

15. Chapter 6 (Land Ownership):

• All lands without owners belong to the State.
• State Government holds rights to minerals, mines, quarries, fisheries, navigation, and irrigation from rivers.
• Unauthorized extraction of minerals results in penalties (fine per ton + material seizure) determined by the Collector. Amendments may modify the penalties.
• Section 90: Liability of all lands for revenue and rent payment to the State Government, except those exempted by special grant, contract, or law.

16. Use of Agricultural Land for Non-Agricultural Purposes:

• Agricultural land cannot be used for other purposes without permission from the State Government.
• Permission is granted after due inquiry; the State Government may refuse permission.
• If used without permission, penalties (urban assessment levy, premium, or both) apply.

Land Ownership and Use in the Indian Context

Continuing from the previous section: The previous section detailed orders exempt from appeal/revision under the Indian Limitation Act. This section details land ownership and its implications.

15. Chapter 6: Land Ownership (Continued)

• State Ownership: All land without owners belongs to the State.
• State Rights: The State Government possesses rights over:
  • Minerals
  • Mines
  • Quarries
  • Fisheries
  • River navigation
  • Irrigation
• Unauthorized Mineral Extraction: Penalties for unauthorized extraction are determined by the Collector:
  • Fine (per ton)
  • Seizure of extracted material
  • Amendments may alter penalties. Penalties are issued via written order.
• Section 90: Revenue Liability: All lands are liable for revenue and rent payment to the State Government, except those exempted by:
  • Special grant
  • Contract
  • Law

16. Use of Agricultural Land for Non-Agricultural Purposes

• Permission Required: Agricultural land cannot be used for non-agricultural purposes without State Government permission.
• Permission Process: Permission is granted after due inquiry; the State Government may refuse permission.
• Penalties for Unauthorized Use: Penalties for unauthorized use include:
  • Urban assessment levy
  • Premium
  • Or both

17. Penalties and Legal Ramifications (New Section)

• Unauthorized Occupation (Section 91): Persons occupying land without lawful authority are considered trespassers.

• Penalties for Trespassing:

  • If crops or buildings are present: The Tahsildar fixes a time limit for removal. Failure to comply results in forfeiture of the land to the State, disposed of as the Collector directs.
  • Without Crops or Buildings: Penalties may extend to 50 times the annual rent, or the urban assessment and premium, or both. A notice must be served before proceedings.
  • Failure to comply with notice (within 15 days): Penalties include:
    • Simple or rigorous imprisonment (1 month to 2 years)
    • Fine (up to ₹20,000)
  • Government employee negligence: Imprisonment (up to 1 month) and fine (up to ₹10,000) for government employees failing to act.

• Land Reservation: Land may be set aside for specific purposes (e.g., cattle grazing, forest reserves, village development) by the Collector. Unauthorized use is prohibited, requiring prior auction.

• Forest Management (Section 94): The State Government makes rules and regulations to manage forest growth and prevent deforestation. Penalties for non-compliance range from a maximum of ₹1000 to ₹50 per day for continued violations.

• Roadside Trees (Section 94A): Roadside trees planted by the State Government or local funds, or those felled by Collector's order, become State property, including any fruits.

• Village Development (Aabadi): The State Government creates rules for land reservation and allotment for village development ('Aabadi' land). No occupation is allowed without paying a premium fixed under the Act. The Collector fixes premium rates.

18. Survey and Record Operations (New Section)

• Authority: The Director of Land Records is responsible.
• State Government Powers: The State Government can order surveys or resurveys via notification in the official gazette.
• Land Record Officer Responsibilities:
  • Demarcating boundaries
  • Preparing maps and field books
  • Maintaining records of rights (Khewat, Khatuni, and Map Register)
• Record of Rights: Includes details of all stakeholders, their shares, mortgages, and possession. Khewat is a register of all landholders in a surveyed area, including their shares, mortgages in possession, and those holding land from them.

18. Survey and Record Operations (Continued)

• Land Record Officer Responsibilities (Continued):

  • Maintaining records of rights (Khewat, Khatuni, and Map Register):
    • Khewat: Register of all landholders in a surveyed area, including their share, mortgages in possession, and those holding land from them. Includes details of:
      • Each co-sharer's interest
      • Mortgages in possession (mortgagee)
      • Persons holding land from the state holder (Tenants are NOT included).
    • Khatuni: (Details not explicitly provided in transcript, requires further clarification)
    • Map Register: Register of all persons holding land in the area based on rent or revenue.

• State Government's Role in Surveys: The State Government can order surveys or resurveys through a notification in the official gazette.

19. Chapter Summary & Criticisms of the Act

• Chapter 7 (Survey and Record Operations): Details the responsibilities of the Director of Land Records and Land Record Officers in maintaining land records and conducting surveys.

• Chapter 8 (Settlement Officer Authority): Settlement officers prepare records for villages and local areas under settlement operations (Details not provided in this section).

• Chapter 9 (Partition of State): Not significant for the syllabus.

• Chapter 10 (Collection of Revenue): (Details not provided in this section).

• Chapter 11 (Miscellaneous Provisions): (Details not provided in this section, deemed unimportant for syllabus).

• Criticisms of the Act:

  • Outdated Provisions: The Act contains provisions that are considered outdated and irrelevant in the current context.
  • Complexity: The Act's complex procedures make it difficult for non-literate individuals to understand and navigate. This leads to inequitable distribution of land and ineffective enforcement.
  • Inequitable Distribution of Land: A basic criticism highlighting uneven land distribution.
  • Lack of Enforcement: The complexity of the Act hinders effective enforcement. Loop holes are easily exploited.
  • Limited Focus on Environmental Concerns: The penalties for environmental violations (e.g., deforestation) are insufficient.
  • Ineffective Action on Eviction of Trespassers: Penalties for trespassing are too low, making them ineffective deterrents.
  • Delays in Reporting and Disposal of Cases: The complexity of the Act results in delays in case reporting and disposal.