Rajasthan Jagirdars Debt Reduction Act, 1956
No: 9 Dated: Feb, 28 1957
The Rajasthan Jagirdars Debt Reduction Act, 1956
Act No. 9 of 1957
An Act to provide for the scaling down of debts of certain jagirdars
Be it enacted by the Rajasthan State Legislature in the Seventh Year of the Republic of India as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan Jagirdars Debt Reduction Act, 1956.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context-
(a) "Abu area" means the territory comprised in Abu Road taluka of Banaskantha district in the State of Bombay as it existed immediately before the first day of November, 1956;
(aa) "Ajmer area" means the territory comprised in the State of Ajmer as it existed immediately before the first day of November, 1956;
(b) "amount due" means the amount which would be due if this Act had not been passed;
(c) "compensation" means compensation payable under the relevant Act for the resumption, acquisition or abolition of jagirs or for their vesting in the State and includes interim compensation, if any, so payable;
(d) "Court of Wards" means the Court of Wards constituted under section 5 of the Rajasthan Court of Wards Act, 1951 (Rajasthan Act XXVI of 1951), or under the corresponding provision of any corresponding law in force in the Abu, Ajmer or Sunel area;
(e) "debt" means an advance in cash or in kind and includes any transaction which is in substance a debt but does not include an advance as aforesaid made on or after the first day of January, 1949 or a debt due to:-
(i) the Central Government or Government of any State;
(ii) a local authority;
(iii) a scheduled bank;
(iv) a co-operative society; and
(v) a wakf, trust or endowment for a charitable or religious purpose only; or
(vi) a person, where the debt was advanced on his behalf by the Court of Wards;
(f) "decree" has the meaning assigned to it in the Code of Civil Procedure, 1908 (Act V of 1908);
(g) "decree to which this Act applies" means a decree passed either before or after the commencement of this Act in a suit to which this Act applies:-
(h) "Jagirdar" means-
(i) when used in relation to territories of the pre-reorganization State of Rajasthan excluding the Sironj area, jagirdar as defined in clause (g) of section 2 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Rajasthan Act VI of 1952),
(ii) when used in relation to the Abu area, a jagirdar as defined in clause (vii) of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bombay Act XXXIX of 1954),
(iii) when used in relation to the Abu area, as intermediary as defined in clause (viii) of sub-section (1) of section 2 of the Ajmer Abolition of Intermediaries and Land Reforms Act, 1955 (Ajmer Act III of 1955), and
(iv) when used in relation to the Sunel area, a proprietor as defined in clause (a) of section 2 of the Madhya Bharat Zamindari Abolition Act, Samwat 2008 (Madhya Bharat Act 13 of 1951); or a jagirdar as defined in clause (vi) of sub-section (1) of section 2 of the Madhya Bharat Abolition of Jagirs Act, Samwat 2008 (Madhya Bharat Act 28 of 1951);
(hh) "jagir land" means-
(i) when used in relation to the territories of the pre- reorganization State of Rajasthan excluding the Sironj area, any jagir land as defined in clause (h) of section 2 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Rajasthan Act VI of 1952),
(ii) when used in relation to the Abu area, any jagir village as defined in clause (viii) of section 2 of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bombay Act XXXIX of 1954),
(iii) when used, in relation to the Ajmer area, any estate as defined in clause (v) of sub-section (1) of section 2 of the Ajmer Abolition of Intermediaries and Land Reforms Act, 1955 (Ajmer Act 111 of 1955), and
(iv) when used in relation to the Sunel area, any village, mahal or land settled on zamindari system: or any jagir land as defined in clause (vii) of sub-section (1) of section 2 of the Madhya Bharat Abolition of Jagirs Act, Samwat 2008 (Madhya Bharat Act 28 of 1951);
(i) "mortgage" with its cognate expressions, has the meaning assigned to it in the Transfer of Property Act, 1882 (IV of 1882) and includes a charge as defined in section 100 of that Act;
(j) "mortgagor" includes where the right, title and interest of the mortgagor has passed by act of parties or operation of law in favor of another person or persons, such other person or persons;
(k) "rehabilitation grant" means rehabilitation grant, if any payable under the relevant Act;
(kk) "relevant Act" means-
(i) as respects the territories of the pre-reorganization State of Rajasthan excluding the Sironj area, the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Rajasthan Act VI of 1952),
(ii) as respects the Abu area, the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bombay Act XXXIX of 1954),
(iii) as respects the Ajmer area, the Ajmer Abolition of Intermediaries and Land Reforms Act, 1955 (Ajmer Act III of 1955), and
(iv) as respects the Sunel area, the Madhya Bharat Zamindari Abolition Act, Samwat 2008 (Madhya Bharat Act 13 of 1951); or the Madhya Bharat Abolition of Jagirs Act, Samwat 2008 (Madhya Bharat Act 28 of 1951), as the case may be;
(l) "Scheduled bank" has the meaning assigned to it in the Reserve Bank of India Act, 1934 (II of 1934);
(m) "secured debt" means a debt secured by mortgage of jagir land or jagir lands and other immovable property;
(mm) "Sironj area" means the territory comprised in the Sironj sub-division of Kota district in the State of Rajasthan as it existed immediately before the first day of November, 1956;
(mmm) "State" or "State of Rajasthan" means the State of Rajasthan as formed by section 10 of the States Reorganization Act, 1956 (Central Act 37 of 1956);
(n) "Suit to which this Act applies" means any suit or proceeding relating to a debt whether secured or otherwise; and
(nn) "Sunel area" means the territory comprised in the Sunel tappa of Bhanpura tehsil of Mandsaur district in the State of Madhya Bharat as it existed immediately before the first day of November, 1956;
(o) "word" has the meaning assigned to it by clause (vii) of section 4 of the Rajasthan Court of Wards Act, 1951 (Rajasthan Act XXVIII of 1951) or under the corresponding provision of any corresponding law in force in the Abu, Ajmer or Sunel area.