The Rajasthan Requisitioning of Land (Improvement of Agriculture) Act, 1951

1. (1) This Act may be called the Rajasthan Requisitioning of Land (Improvement of Agriculture) Act, 1951. (2)It extends to the whole of the State of Rajasthan. (3) It shall come into force at once.

In this Act, unless there is any thing repugnant in the subject or context- (1) "Competent authority" means an authority appointed by the State Government by notification in the Official Gazette to be (he competent authority for any local area; (2) x x x (3) "land" includes tanks and benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; (4) "Prescribed" means prescribed by rules made under this Act; (5) "Public purpose" means a purpose having or being connected with any of the following subjects, that is to say,- (i) making, enlarging or deepening of tank, for purposes of irrigation (ii) composting of village refuse or preparation of any other form of manure; (iii) Plant nurseries; (iv) any other subject which the State Government may by notification in the Official Gazette declare to be essential for the improvement of agriculture; and (6) "requisition" means to take possession of any land or require any land to be placed at the disposal of the requisitioning authority

A competent authority may, in the prescribed manner, apply to the State Government to requisition may land which in its opinion is needed or is likely to be needed for a public purpose.

On receipt of an application under section 3, the State Government, shall hold such inquiry as may be prescribed and, if satisfied that the land specified in the application is needed or is likely to be needed for a public purpose, the State Government may, by order in writing, requisition such land.

The *State Government may, subject to such terms and conditions, as it deems fit, place any land requisitioned under section 4 at the disposal of the competent authority on whose application, the land was requisitioned.

1. (1) Where any land is requisitioned under this Act, there shall be paid as compensation to persons having an interest in such land, an amount which shall be determined by an officer authorised in this behalf by the State Government. (2) Such Officer shall, after holding an inquiry in the prescribed manner determine the amount of compensation, and in determining such compensation, he shall have regard to a the circumstances of the case, and in particular shall be guided by the provisions contained in the Schedule annexed to this Act. (3) Where there are several persons interested in the land, such officer shall decide the dispute, if any, as to the apportionment of the amount of compensation or any part thereof or as to the persons to whom the same or any part thereof is payable. (4) An appeal shall lie against the decision of such officer under sub-section (2) or sub-section (3) to the District Judge within whose jurisdiction the requisitioned land is situate. (5) Every appeal under sub-section (4), shall be made within a period of sixty days from the date of the decision appealed against.

Any officer authorised in this behalf by the State Government by general or special order, may take possession of any land in respect of which an order has been made under section 4 and may take or cause to be taken such steps and use or cause to be used such force, as may, in the opinion of such officer, be reasonably necessary for taking possession of such land.

1. (1) Where any land requisitioned under this Act is no longer required for the public purpose for which it was requisitioned, the competent authority at whose instance the land was requisitioned, shall send an intimation in writing to that effect to the State Government (2) Where the State Government is satisfied that the land is no longer required for a public purpose, the State Government may release the land from requisition and upon such release the land shall be restored as far as possible In the same condition in which it was on the date on which the State Government was put in possession thereof and the State Government shall pay compensation for damage, if any caused to the land otherwise than by reasonable use there of or irresistible force: Provided that noting in this sub-section shall apply to any structures, trees or crops standing on the land on the date on which compensation has been paid. (3) An officer authorised in this behalf by the State Government shall after holding such inquiry as he deems lit, determine the amount of compensation payable under sub-section (2). (4) The decision of such officer, shall subject to an appeal to the State Government which shall be made within a period of thirty days from the date of the decision, be final. (5) Where any land is to be released from requisition, the State Government may,after making such inquiry, if any, as it deems fit. specify by order in writing, the person to whom possession of the land shall be given. (6) The delivery of possession of land to the person specified in an order made under sub-section (5), shall be a full discharge of the State Government from all liability in respect of such delivery but shall not prejudice any rights in respect of the land which any other person may be entitled by due process of law to enforce against the person to whom possession of the land is so delivered. (7) Where the person to whom possession of any requisitioned land is to be given, cannot be found and has no agent or other person empowered to accept delivery on his behalf, the State Government shall cause a notice declaring that the land is released from requisition to be affixed on some conspicuous part of the land and shall also publish such notice in the Office Gazette. (8) When a notice referred to in sub-section (7) is published in the Office Gazette the land specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the State Government shall not be liable for any compensation or other claim in respect of the land for any period after the said date.

(Any officer authorised in his behalf by the State Government by general or special order may, with a view to carrying out the purposes of this Act, by order require any person to furnish to him such information in such person’s possession relating to any land which is requisitioned or is intended to be requisitioned. (2) Every person required to furnish such information as is referred to in sub-section (1), shall be deemed to be legally bound to do so within the meaning of section 176 and 177 of the Indian Penal Code, 1860, of the Central Legislature x x x

Every order made under section 4 or section 9, shall be served on the person affected thereby,- (i) in the manner provided for the service of a summons in Order V, in the First Schedule to the Code of Civil Procedure, 1908 of the Central Legislature x x x : or (ii) in such other manner, as may be prescribed.

Without prejudice to any powers otherwise conferred by this Act, any officer or person empowered in this behalf by the State Government by general or special order may enter and inspect any land for the purpose of determining whether the land is needed or is likely to be needed for a public purpose.

For the purpose of holding any inquiry under this Act the authorised officer shall have the same powers as are vested in civil courts in respect of- (a) summoning and enforcing the attendance of any person and examining him on oath: (b) compelling the production of documents; and (c) issuing commissions for the examination of witnesses.

The State Government may, by order published in the Official Gazette, direct that any power conferred or any duty imposed on it by this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged by such officer, not being lower in rank than a Collector, as may be so specified.

1. (1) No order made in exercise of any power conferred by or under this Act, shall be called in question in any court. (2) Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Act, a court shall, within the meaning of the Indian Evidence Act, 1872 of the Central Legislature x x x , presume that such order was so made by that authority.

1. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act or any order made thereunder. (2) Save as otherwise expressly provided under this Act, no suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused by anything in good faith done or intended to be done under this Act or any order made thereunder.

Every office authorised or empowered by the State Government to exercise any power or to perform any duty under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860, of the Central Legislature x x x.

(1)The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generally of the foregoing power, such rules may provide for- (i) the form of application under section 3. (ii) the manner of holding an inquiry under section 4 or section 6. (iii) the manner of serving an order made under section 4 or section 9, (iv) the levy of court fees in respect of appeals under section 6 and 8.