The Rajasthan Prohibition Of Transfer Of Immovable Property And Provision For Protection Of Tenants From Eviction From Premises In Disturbed Areas Act, 2026

(1) This Act may be called the Rajasthan Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 2026. (2) It shall extend to the whole of the State of Rajasthan. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

(1) In this Act, unless the subject or context otherwise requires,- (a) “competent authority” means an officer authorised by the Government by notification in the Official Gazette, to act as competent authority for the discharge of the functions and duties of the “competent authority” as prescribed under this Act, who shall not be below the rank of Sub-Divisional Magistrate(SDM); (b) “disturbed area” means an area declared as disturbed area under section 3 and includes an area of five hundred meters adjacent to the boundary of the disturbed area; (c) “fair value” in relation to immovable property situated in disturbed areas means market value of the property or District Level Committee rate, whichever is higher; (d) “Government” means the State Government of Rajasthan; (e) “immovable property” means immovable property as defined in the Transfer of PropertyAct,1882 (Central Act No. 4 of 1882); (f) “improper clustering of persons of one community” means concentration or congregation of persons of a community in any locality or area arising from coercive, distress-driven, or otherwise unhealthy circumstances, or which causes or is likely to cause demographic imbalance, segregation, communal tension, or disturbance of public order, social harmony or the mixed-community character of the locality or area; (g) “person” means any person, individual, group of person, society or trust either registered or unregistered, company or association or body of persons, whether incorporated or not; (h) “prescribed” means prescribed by rules made under this Act; (i) “re-development of immovable property” means the carrying out of any activity for the purpose of re-planning, re-designing, re-constructing, altering or improving an existing immovable property, with or without demolition, whether partial or complete, of any structure standing thereon; (j) “Sanhita” means the Bharatiya Nyaya Sanhita, 2023 (Central Act No. 45 of 2023); and (k) “transfer” for the purposes of this Act in relation to an immovable property means a transfer of right, title or interest in or over such property or the possession thereof by way of sale, gift, exchange, lease or otherwise and includes allowing possession of such property to be taken or retained- (i) under an agreement to sale; or (ii) under the power of attorney; or (iii) in part performance of contract of the nature referred to in section 53A of the Transfer of Property Act, 1882 (Central Act No. 4 of 1882); or (iv) under any other document, whether registered or unregistered or whether notarized or not, evidencing transfer of possession of such property. (2) Words and expressions used in this Act, but not defined herein but defined in the Bharatiya Nyaya Sanhita, 2023 (Central Act No. 45 of 2023) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act No. 46 of 2023) and the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955), the Indian Contract Act, 1872 (Central Act No. 9 of 1872) and any other law for the time being in force in India or State of Rajasthan shall have the meanings respectively assigned to them in those Sanhitas/Acts.

Where the Government is of the opinion that,- (i) having regard to the intensity and duration of riot or violence of mob and such other factors in any area of the State, the public order in that area was disturbed by reason of riot or violence of mob; or (ii) improper clustering of persons of one community as defined in clause (f) of section 2 has taken place or is likely to take place with the ill intention of disturbing the demographic equilibrium of the person(s) with different communities residing in that area in a manner that mutual and peaceful coherence amongst different communities may go haywire in that area; or (iii) for the reasons stated in above clauses (i) and (ii), that area of the State has become prone to disturbance of public order, it may, by notification in the Official Gazette,- (a) declare such area to be a disturbed area; (b) specify the period in which the notification will remain in force. However, every notification issued under this section shall remain in force for a period up to three years or the period specified in the notification, whichever is lesser: Provided that Government may extend the period specified if reasons as stated in this section exist: Provided further that where the Government is of the opinion that public order in any area declared as a disturbed area under this section, on the grounds specified therein, has ceased to be disturbed, it may, by notification in the Official Gazette, rescind the notification issued under this section in relation to such area, and upon such rescission, the provisions of this Act shall cease to apply to that area except as respects things done or omitted to be done under this Act. Explanation.- In this section the word “riot” shall have the same meaning as in section 191 of the Sanhita.

Notwithstanding anything contained in any law for the time being in force but subject to sub-section (1) of section 5, all transfers of immovable property situated in a disturbed area made during the specified period notified in section 3 (b) of this Act shall be null and void, with effect from the date of such transfer.

(1) Notwithstanding anything contained in any other law for the time being in force but subject to provisions of sub-section (3), no immovable property situated in a disturbed area shall, during the period of subsistence of the notification issued under section 3 declaring such area to be the disturbed area, be transferred except with the previous sanction of the competent authority.

(2) Any transfer of immovable property made in contravention of sub-section (1) shall be null and void.

(3) (A) Any person intending to transfer immovable property situated in a disturbed area may, in the prescribed form, make an application to the competent authority for obtaining previous sanction under sub-section (1).

(B) On receipt of such application, the competent authority shall hold a formal inquiry, after giving an opportunity to the applicant to be heard and after considering any evidence produced, decide whether-

(i) the immovable property is sought to be transferred in terms of clause (k) of section 2;

(ii) there is free consent as defined in section 14 of the Indian Contract Act, 1872 (Central Act No.9 of 1872) of person(s) intending to be the transferor and the transferee;

(iii) the transfer is for a fair value of immovable property proposed to be transferred;

(iv) there is likelihood of improper clustering of persons of one community as defined in clause (f) of section 2 causing disturbance in demographical equilibrium of the person(s) with different communities residing in that area in a manner that mutual and peaceful coherence amongst different communities may go haywire in that area in which the immovable property is proposed to be transferred and accordingly-

(a) reject the application; or

(b) by an order in writing, give previous sanction to the proposed transfer of immovable property.

(C) The competent authority shall decide the application made under sub-section (3) preferably within a period of three months from the date of receipt of application:

Provided that the competent authority may extend the said period by recording reasons which necessitated extension of the said period.

(1)(a) Where a transfer of immovable property is null and void under section 4, the transferor who has received any consideration for such transfer shall return the consideration to the transferee-

(i) where such transfer is made before the date of commencement of this Act, within six months from the date of such commencement, or

(ii) where such transfer is made after the date of such commencement, within six months from the date of such transfer.

(b) The transferee or any other person on whose behalf of such transferee (hereinafter in this section referred to as the ‘agent’) has possession of such immovable property shall restore the property to the transferor within the said period of six months.

(c) The transferee shall not make any improvement in the property and the competent authority may, by an order, restrain the transferee to make any improvement in the property.

(2) (a)Where a transferor fails to return the consideration to the transferee within the said period of six months, or

(b) Where a transferee or his agent fails to restore possession of the immovable property to the transferor within the said period of six months, the transferor in case of clause (a) of sub-section (1) and the transferee in case of clause (b) of sub-section (1) may make an application in such form and within such period as may be prescribed, to the competent authority for making an order directing the transferor to return the consideration to the transferee or, as the case may be, directing the transferee to restore possession of the immovable property to the transferor.

(3) The competent authority may at any time suo motu or on application made to him under sub-section (2), shall, after making a formal inquiry in the prescribed manner and after giving the transferor and the transferee or, as the case may be, his agent an opportunity of being heard and after considering any evidence which may be produced, make an order in writing directing the transferor to return such consideration to the transferee within such time as may be specified in the order or, as the case may be, an order in writing directing the transferee or his agent to restore the possession of the immovable property to the transferor within such time not beyond the three months as may be specified in the order or make such other order as he deems fit.

(4)(a) Where the transferor fails to return the consideration to the transferee within the time specified in the order made under sub-section (3), the competent authority may recover the consideration from the transferor as an arrear of land revenue and pay the same to the transferee after deducting the expenses for such recovery.

(b) Where the transferee or his agent fails to restore possession of the immovable property within the time specified in the order made under sub-section (3), the competent authority may, notwithstanding anything to the contrary contained in any law for the time being in force, evict the transferee or his agent from the immovable property and take possession of such property and may, for such purpose use or cause to be used such force as may be necessary, and restore the possession of such property to the transferor.

(5) Where a transferor fails to take possession of such property, the property shall temporarily be in the custody of the competent authority and the competent authority may take such measures as he considers necessary or expedient for securing and managing such property subject to the provision of the rules made in this behalf until the said property is disposed of by the competent authority in the manner as may be prescribed.

Any person who desires to redevelop the immovable property standing in his name in the title document for further transfer, whole or part thereof after re-development, shall apply under clause (a) of sub-section (3) of section 5 for getting previous sanction of the competent authority and thereupon, the remaining provisions of section 5 shall apply to such application mutatis mutandis: Provided that previous sanction of the competent authority shall not be required in case a person intends to redevelop his immovable property for his personal use, however, he should file a declaration on oath to the competent authority in this regard.

(1) Whoever, disobeys or abets, conspires or knowingly facilitates disobedience of an order passed by the competent authority under clause (b) of sub-section (4) of section 6 shall be punished with imprisonment for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which shall not be less than rupees one lakh or ten per cent of the fair value of property, whichever is higher. (2) Whoever contravenes the provisions of section 4 or 5, shall on conviction be punished with imprisonment for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which shall not be less than rupees one lakh or ten per cent of the fair value of property, whichever is higher.

Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act No. 46 of 2023), all offences punishable under section 8 shall be cognizable and non-bailable and triable by the court mentioned in column no. 4 of part II of the First Schedule of Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act No. 46 of 2023).

(1) All inquiries and proceedings before the competent authority and the Government under this Act shall be deemed to be judicial proceedings within the meaning of sections 229, 257 and 267 of the Sanhita. (2) For the purpose of any such inquiry or proceeding under this Act, the competent authority or the Government shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908), in respect of- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; and (c) any other matter as may be prescribed.

The provisions of sections 4 and 5 shall not apply to any transfer made by way of mortgage of any immovable property situated in a disturbed area in favor of a financial institution for the purpose of obtaining financial assistance from such institution. Explanation.- For the purposes of this section, “financial institution” means- (i) any Scheduled Bank as defined in section 2 of the Reserve Bank of India Act, 1934 (Central Act No. 2 of 1934); (ii) any public financial institution as defined in section 2 of the Companies Act, 2013 (Central Act No. 18 of 2013); (iii) any Co-operative Bank registered under the Rajasthan Co-operative Societies Act, 2001 (Act No. 16 of 2002) or the Multi-State Co-operative Societies Act, 2002 (Central Act No. 39 of 2002); (iv) the Housing Development Finance Corporation Limited or any other housing finance institution as defined in the National Housing Bank Act, 1987 (Central Act No. 53 of 1987); (v) any Non-Banking Financial Company registered with the Reserve Bank of India; and (vi) any other institution as the State Government may, by notification in the Official Gazette, specify in this behalf.

Where by reason of any riot or violence of mob any material part of the rented premises in a disturbed areas is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let- (a) the landlord shall erect the new building at the original site subject to the provisions of any rules, bye-laws or regulations made by a local authority not later than fifteen months from the date of the publication of the notification in the Official Gazette, issued under section 3, or the date on which the material part of premises of the building is wholly destroyed or rendered substantially and permanently unfit, whichever is later: Provided that the Government may for sufficient reasons extend the period of fifteen months to such further period not exceeding nine months as it thinks fit; (b) the tenant shall have the right to occupy a tenement in the new building erected at the original site by the land lord; and (c) where a landlord fails to erect a new building within the period specified in clause (a), the original site, irrespective of whether the premises thereon exist or not, shall vest in the State Government free from all encumbrances for the purpose of erection of new building to provide accommodation to tenant(s) and there shall be paid to the landlord compensation for such site as may be determined by the competent authority by an order subject to such rules as may be prescribed.

(1) Any person(s) aggrieved by the decision of the competent authority rejecting an application under item (a) of sub-clause (iv) of clause (B) of sub-section (3) of section 5 or order passed under clause (c) of section 12, may file an appeal before the Government in such manner, within such time, and on payment of such fees, as may be prescribed: Provided that if the Government is satisfied that such person(s) was prevented from preferring an appeal within the prescribed time limit for sufficient cause, it may entertain the appeal even after such prescribed time limit. (2) The Government shall, after affording an opportunity of being heard to such person(s), may confirm, revise or dismiss the order against which appeal is preferred.

The Government may, on its own motion or on application, call for and examine the records of any order passed or proceeding taken under the provisions of this Act and against which no appeal has been preferred under section 13 for the purpose of satisfying itself as to the legality or propriety of such order or as to the regularity of such procedure and pass such order with respect thereto as it may think fit: Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard.

The decision(s)/order(s) of competent authority under this Act subject to an appeal as provided in section 13 and the decisions of the Government under this Act in appeal or revision, as the case may be, shall be final.

(1) The Government shall, as soon as may be after the commencement of this Act, constitute a Committee called the Monitoring and Advisory Committee. (2) The Monitoring and Advisory Committee shall consist of a Chairperson and such number of other official members as the Government may deem fit. (3) The Monitoring and Advisory Committee shall conduct or cause to be conducted studies in the disturbed areas to ascertain from time to time whether the proper clustering of persons of the community is maintained. (4) The Monitoring and Advisory Committee shall advise,- (a) the Government either generally as regards any rules or for any other purpose connected with this Act; (b) the competent authority in discharge of his functions under this Act.

The registering authority shall not accept or register any document under the Registration Act, 1908 (Central Act No. 16 of 1908), relating to immovable property situated in the disturbed area which is required to be compulsorily registered unless the order granting previous sanction of the competent authority under section 5 is produced along with the document sought to be registered.

(1) The Government shall constitute a Special Investigation Team for the area of which complaint of improper clustering is received, comprising of competent authority, Police Officer not below the rank of Assistant Police Commissioner or Deputy Superintendent of Police, as the case may be and Municipal Commissioner or Chief Executive Officer of the municipality concerned, as the case may be. (2) The Special Investigation Team shall discharge the following functions, namely:- (i) assist the Government in forming opinion before declaration of any area to be a disturbed area under section 3; (ii) assist the competent authority in examining the cases as may be referred by it before grant of sanction or otherwise under section 5; (iii) assist the Monitoring and Advisory Committee in gathering necessary information in regard to sub-section (3) of section 16.

The Government may, by notification in the Official Gazette, delegate any of the powers of the competent authority under section 4 or 5 to any other officer of the Government not below the rank of a Sub-Divisional Magistrate.

In case of any inconsistency between a provision of this Act and any other law for the time being in force, the provisions of this Act shall prevail to the extent of such inconsistency.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it, to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the House of the State Legislature.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or rules made thereunder the provisions of this Act.

(1)The Government may, by notification published in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may be made to provide for all or any of the following matters, namely:- (a) the form in which, an application may be made under clause (A) of sub-section (3) of section 5; (b) the manner in which, the time within which and fees on payment of which, an appeal may be filed under section 13 or any application for revision under section 14; (c) any other matter which is to be, or may be, prescribed by rules, made under this Act. (3) All rules made under this section shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session for a period of not less than fourteen days, which may comprise in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

The Act specified in the second column of the Schedule shall be amended in the manner and to the extent specified against it in the third column thereof.

(See section 24) Sr. No. Short Title Extent of Amendment 1 2 3 1. The Registration Act, 1908 (Central Act No. 16 of 1908) Amendment of section 22A of the Act. In the Registration Act, 1908 in its application to the State of Rajasthan, in section 22A, after the existing clause (a) and before the existing clause (b) the following new clause (aa) shall be inserted, namely:- “(aa) an instrument relating to transfer of immovable property situated in the disturbed area unless the order granting previous sanction of the competent authority under section 5 of the Rajasthan Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 2026 (Act No… of 2026) is produced along with the instrument sought to be registered.”. 2. The Rajasthan Rent Control Act, 2001 (Act No. 1 of 2003) Insertion of new section 9A in the Act. In the Rajasthan Rent Control Act, 2001 after the existing section 9 and before the existing section 10 the following new section 9A shall be inserted, namely:- “9A. Right of tenants in new building in disturbed areas.- Where by reason of any riot or violence of mob any material part of the rented premises in a disturbed areas is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let- (a) the landlord shall erect the new building at the original site subject to the provisions of any rules, bye-laws or regulations made by a local authority not later than fifteen months from the date of the publication of the notification in the Official Gazette, issued under section 3 of the Rajasthan Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 2026 (Act No… of 2026) , or the date on which the material part of premises of the building is wholly destroyed or rendered substantially and permanently unfit, whichever is later: Provided that the Government may for sufficient reasons extend the period of fifteen months to such further period not exceeding nine months as it thinks fit; (b) the tenant shall have the right to occupy a tenement in the new building erected at the original site by the landlord; and (c) where a landlord fails to erect a new building within the period specified in clause (a), the original site, irrespective of whether the premises thereon exist or not, shall vest in the State Government free from all encumbrances for the purpose of erection of new building to provide accommodation to tenant(s) and there shall be paid to the landlord compensation for such site as may be determined by the competent authority by an order subject to such rules as may be prescribed.”.