rajasthan imposition of ceiling on agricultural holding act, 1973

2. The existing provisions of sub-section (4) of section 19 of the Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973 (Rajasthan Act II of 1973) provide for the determination of the compensation equal to the specified multiples of the fair rent subject to the maximum provided for the lands of various classifications. Computation on the basis of fair rent creates avoidable difficulties and delays and consequently the benefit of this socio-economic land reform is not readily available to the landless persons for whom this law is meant. It is, therefore, considered necessary to prescribe and fix the rates of compensation for various classes of land. An amendment in subsection (4) of section 19 is accordingly proposed. 2. Section 21 of the Act provides only one mode of disposal of surplus land, namely; allotment among landless labourers of the village particularly to the members of Scheduled Castes and Scheduled Tribes. It has been considered necessary to widen the scope of this provision so that the surplus land vested in the State Government can also be utilized for carrying out other purposes of agrarian reform. To achieve this object, it has become necessary to amend section 21 and the Preamble of the principal Act. Hence this Bill. [Bill No. 7 of 1981, Published in Rajasthan Gazette Part III-A dated 27-2-1981.] 3. The existing provisions of sub-section (4) of section 19 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act 11 of 1973) provide for the determination of the compensation equal to the specified multiples of the fair rent subject to the maximum provided for the lands of various classifications. Computation of compensation on the basis of fair rent creates avoidable difficulties and delays and consequently the benefit of this socio-economic, land reform is not readily available to the landless persons for whom this law is meant. It is, therefore, considered necessary to prescribe and fix the rate of compensation for various classes of land. An amendment in sub- section (4) of section 19 is accordingly proposed. 2. Section 21 of the Act provides only one mode of disposal of surplus land, namely; allotment among landless labourers of the village particularly to the members of Scheduled Castes and Scheduled Tribes. It has been considered necessary to widen the scope of this provision so that the surplus land vested in the State Government can also be utilized for carrying out other purposes of agrarian reform. To achieve this object, it has become necessary to amend section 21 and the Preamble of the principal Act. As the matter was urgent the, Governor promulgated the Rajasthan Imposition of Ceiling on Agricultural Holdings (Amendment) Ordinance, 1981 (Ordinance No. 6 of 1981) on 6th day of July, 1981. This Bill seeks to achieve the above objects and to replace the said Ordinance. [Rajasthan Bill No. 16 of 1981, Published in Rajasthan Gazette Extraordinary, Part III-A dated 16-9-1981.] 4. The existing provisions of sub-section (1) and sub-section (2) of section 15 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 empower the State Government to direct the reopening of decided ceiling matters in certain circumstances. For the disposal of such matters, the State Government had under the Rules of Business issued from time to time Standing Orders providing that these matters will be examined by the Deputy Secretary to the Government of Rajasthan in Revenue Department and shall be disposed of by the Revenue Secretary. A large number of such matters have been heard and decided by the Deputy Secretaries in the Revenue Department. In S.B. Civil Writ Petition No. 1369 of 1981 alongwith 75 similar writ petitions, decided on 4-11-81, it has been held by the High Court that the Deputy Secretary, Revenue Department had no jurisdiction under the Standing Orders issued under the Rules of Business to pass orders for re-opening of ceiling matters under section 15. As a result of this decision, several matters decided by the Deputy Secretary, Revenue Department have been affected. It was, therefore, thought necessary to validate the orders passed and directions given by the Deputy Secretary, Revenue Department under section 15 of the principal Act. Second proviso to sub-section (1) and sub-section (2) of Section 15 provide for certain period of limitation beyond which, no notice shall be issued in connection with re-opening of decided ceiling matters. In many cases, the validity of proceedings taken and directions issued under sub-section (1) or sub-section (2) of Section 15 are challenged by affected persons in the High Court or the Supreme Court. The writ petitions remain pending for a long time and if the court quashes the direction on the ground of procedural defect or want of jurisdiction, the period of limitation for taking steps under the said provisions expires leaving the State with no remedy even in cases where a ceiling case has been decided in contravention of the provisions of law. It was, therefore, felt necessary to provide for exclusion of the time during which proceedings remained pending in courts while computing the period of limitation for the purpose of taking action under sub-section (1) or sub-section (2) of Section 15. Hence this Bill. [Rajasthan Bill No. 12 of 1983, Published in Rajasthan Gazette Extraordinary, Part III-A dated 2-3-1983.] 5. The existing provisions of sub-section (1) and sub-section (2) of section 15 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 empower the State Government to direct the re-opening of decided ceiling matters in certain circumstances. For the disposal of such matters, the State Government had under the Rules of Business issued from time to time Standing Orders providing that these matters will be examined by the Deputy Secretary to the Government of Rajasthan in Revenue Department and shall be disposed of by the Revenue Secretary. A large number of such matters have been heard and decided by the Deputy Secretaries in the Revenue Department. In S.B. Civil Writ Petition No. 1369 of 1981 alongwith 75 similar writ petitions, decided on 4-11-81, it has been held by the High Court that the Deputy Secretary, Revenue Department had no jurisdiction under the Standing Orders issued under the Rules of Business to pass orders for re-opening of ceiling matters under section 15. As a result of this decision, several matters decided by the Deputy Secretary, Revenue Department have been affected. It was, therefore, thought necessary to validate the orders passed and directions given by the Deputy Secretary, Revenue Department under section 15 of the principal Act. Second proviso to sub-section (1) and sub-section (2) of Section 15 provide for certain period of limitation beyond which, no notice shall be issued in connection with re-opening of decided ceiling matters. In many cases, the validity of proceedings taken and directions issued under sub-section (1) or sub-section (2) of Section 15 are challenged by affected persons in the High Court or the Supreme Court. The writ petitions remain pending for a long time and if the court quashes the direction on the ground of procedural defect or want of jurisdiction, the period of limitation for taking steps under the said provisions expires leaving the State with no remedy even in cases where a ceiling case has been decided in contravention of the provisions of law. It was, therefore, felt necessary to provide for exclusion of the time during which proceedings remained pending in courts while computing the period of limitation for the purpose of taking action under sub-section (1) or sub-section (2) of Section 15. As the Rajasthan Legislative Assembly was not in session and circumstances existed which rendered it necessary to take immediate action, the Governor of the State of Rajasthan, after obtaining previous instructions of the President, promulgated the Rajasthan Imposition of Ceiling on Agricultural Holdings (Amendment) Ordinance, 1983 (Ordinance No. 1 of 1983). This Bill seeks to replace the said Ordinance. [Rajasthan Bill No, I of 1984, Published in Rajasthan Gazette Extraordinary, Part III-A dated 6-3-1984, Page 89-92.] 6. Under clauses (d) and (e) of sub-section (1) Section 22 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act 1973, land held by religious or charitable trusts (including a wakf) of a public nature or by a gaushala existing on or before 26th September, 1970 and land held by an educational or research institution of a public nature are exempted from the provisions of the Act. These exemptions were granted on the basis that the trusts and institutions were under bona fide need of the surplus land held by them. These exemptions should not entitle them to sell the exempted land and make a profit out of it by depriving the State of its right to acquire the surplus land. It was, therefore, decided that the benefit of exemption should continue only upto the time the land is required and used by such trusts, gaushalas or institutions for their purposes. If such land ceases to be required or used for their purposes by them, the exemption should stand withdrawn and they may be treated on the same footing as any other person holding land in excess of ceiling area specified in the Act. The Bill seeks to achieve above objects. 7. In July 1994 the State Government constituted a new district of Hanumangarh. Earlier to such constitution, the area covered by this new district was part of Sriganganagar District. The constitution of the new district necessitated certain changes in the entries relating to the Zone contained in the Schedule to the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 as was falling under the aforesaid new district. It is therefore, proposed that the Schedule be suitably amended for the purpose. The Bill seeks to achieve the said object. [Notification No. F. 2(3) Vidhai/2/95, dated 4-5-95. Published in Rajasthan Gazette Extraordinary, Part IV-A dated 5-5-1995, page 26.] (Published in the Rajasthan Gazette, part IV-A, Extraordinary, dated 29th March, 1973). [Received the assent of the President on the 28th day of March, 19731.] An Act to provide for the imposition of ceiling on agricultural holdings, acquisition and disposal of surplus land and matters ancillary thereto. Whereas, under clauses (b) and (c) of Article 39 of the Constitution of India, the State should, in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good and that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment: And whereas, the area of agricultural land available for cultivation in the State is limited; And whereas, there is great disparity in the holding of agricultural land leading to the concentration of such land in the hands of certain persons; And whereas, it is necessary to acquire the agricultural land in excess of the ceiling area and to distribute such land to the landless and other persons among the rural population [or to utilize it for carrying out other measures of agrarian reform] [Added by Rajasthan Act No. 16 of 1981]; And whereas, such distribution will best subserve the common good, increase agricultural production and promote justice, social and economic; And whereas, it is expedient to provide for all these and other matters connected therewith; Be it enacted by the Rajasthan State Legislature in the Twenty- fourth Year of the Republic of India as follows:-

Act number: Act 11 of 1973
Year: 1973
Enacted on: 29-03-1973
In force from: 29 March 1973
Jurisdiction: Rajasthan State Act
Subjects: Land And Property, Social Welfare

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