Rajasthan Jagir Decisions and Proceedings (Validation) Act, 1955
No: 18 Dated: Nov, 05 1955
Rajasthan Jagir Decisions and Proceedings (Validation) Act, 1955
Act No. 18 of 1955
An Act to validate certain decisions given, and proceedings taken, in respect of matters relating to the resumption of Jagirs in the Covenanting States of Rajasthan, and the recognition, according to law, of succession-to the rights and titles of Jagirdars therein, and to provide the forum for the disposal of such cases and proceedings.
Whereas the laws of the different Covenanting States of Rajasthan provide for-
(i) the resumption of Jagirs in those States,
(ii) the recognition of succession to the rights and titles of Jagirdars therein,
(iii) the powers of the various grades of Revenue Courts and officers for the disposal of cases arising out of or under such laws, and
(iv) the reservation of certain powers to be exercised by the Rulers of those States in such cases:
And, Whereas, Section 3 of the Rajasthan Administration Ordinance, 1949, (Rajasthan Ordinance I of 1949), provides that such laws shall, until altered or repealed or amended by a competent authority, continue in force in those States, subject to the modification that references therein to the Rulers of those States shall be construed as references to the Rajpramukh:
And, Whereas, Article 372 of the Constitution of India and section 46 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 (Rajasthan Act 1 of 1951), also provide for the similar continuance of such laws:
And, Whereas, such laws, not having so far been expressly repealed as aforesaid, are being given effect to and administered according to their tenor in the covenanting States to which they relate, subject to the provisions of the Rajasthan Revenue Courts (Designation) Ordinance, 1949 (Rajasthan Ordinance XXXVI of 1949):
And, Whereas, such laws have lately been held to have been impliedly repealed by paragraph (3) of Article VII of the Covenant in so far as they provide for the powers of the various grades of Revenue Courts and Officers for the disposal of cases arising out of or under them:
And, Whereas, it has been further held that the jurisdiction vested in the Rajpramukh by paragraph (3) of Article VII of the Covenant in respect of such cases has ceased to be operative with the commencement of the Constitution:
And, Whereas, such pronouncements have rendered all decisions given in such cases over a period of nearly six years liable to be questioned in Civil Courts of competent jurisdiction and have excluded from the jurisdiction of the various grades of Revenue Courts and Officers, or the Rajpramukh all such cases as are still pending or may hereafter be started or instituted:
And, Whereas, it is expedient to declare such decisions to be valid and not liable to be questioned in Civil Courts, and to provide the form for the disposal of such cases in accordance with such laws to the exclusion of the jurisdiction of Civil Courts over them.
Be it enacted by the Rajasthan Legislative Assembly in the Sixth Year of the Republic of India as followings:-
1. Short title & commencement. - (1) This Act may be called the Rajasthan Jagir Decisions and Proceedings (Validation) Act, 1955.
(2) It shall come into force at once.
2. Definitions. - In this Act unless the subject or context otherwise requires.
[(a) the words "jagirs" and "jagirdars" shall have the meanings assigned, respectively, to the expressions "jagirs Land" and "jagirdar" by clauses (h) and (g) of section 2 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Rajasthan Act VI of 1952), and]
(b) the words "law" shall mean an existing Jagir law as defined in clause (d) of section 2 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Rajasthan Act VI of 1952) and shall included any law relating to Jagirs of Jagirdars enacted after the commencement of that Act.
3. Validation of certain decisions. - Notwithstanding anything Contained in the Covenant or in any judgment, decree or order of any Court, all final decisions given by the various grades of Revenue Courts or Officers, or by the Rajpramukh, in cases or proceedings arising out of, or under, the laws of the covenanting States providing for the resumption of jagirs in those states and the recognition of succession to the rights and titles of jagirdars therein shall be valid and shall be deemed always to have been valid and shall not be liable to be called in question in any Civil Court.