Section 91: Unauthorlsed occupation of Land

(1) Any person who occupies or continues to occupy any land without lawful monthly shall be regarded as a trespasser and may be summarilyevicted there frombythe Tehsildar atanytimeof his motion or upon the application of a local authority at whose disposal such land has been placed, and ¹[any crop standing, or any} building or other construction erected. or anything deposited on such land shall, if not removed with in such reasonable time as the Tehsildar may from time to time fix for the purpose, be liable to be forfeited to the State and to be disposed of in the case of any such crop, in the manner he thinks fit and in other cases] as the Collector may direct:

Provided that the Tehsildar may in lieu of ordering the forfeiture of any such building or other construction, order the demolition of the whole or any part thereof.

(2) Such trespasser shall further be liable to pay, for 'each agricultural year during the whole or any part where of has been in such unauthorized occupation of the land, a penalty which may extend to fifty times the annual rent, or assessment, as the case may be, for the first act of trespass. In the case of each subsequent ad of trespass, he shall by the order of Tehsildar, be liable to commitment to civic person for a term which may extend to three months and to pay penalty to the extent as aforesaid. The amount of such penalty shall be recovered as an arrear of land revenue, and]

(3) Where the trespasser ordered to be committed to civil prison under subsection (2) satisfies the Tehsildar by whom he is ordered to be committed to civil prison that he intends to present an appeal, the Tehsildar shall order that such trespasser be released on his own bond for such periods will afford him sufficient time present the appeal and obtain stay order from the Appellate Court and such order shall so long as he is so released on bond be deemed to be suspended]

(3A). Before taking proceeding for eviction under sub-section (2) the tehsildar shall cause to be served in the prescribed manner on the person reported to be occupying or continuing to occupy land without lawful authority, a notice specifying such land and selling on him by a certain date either to vacate such land or to appear and show-cause why he shoud not be a evicted there from.

(4) In any of the following cases, namely.-

(i) where the trespasser does neither vacate the land not make appearance in response to the notice issue under sub-section (3), or

(ii) where in response to such notice, the trespasser does not vacate the land and makes appearance but-

(a) does not show any such cause, or

(b) makes any representation which is rejected after such inquiry and hearing as may be necessary in the circumstances of the case, the Tehsildar shall, unless, in the case covered by clause (ii) the trespasser under-takes to vacate the land within a week's time-and vacates it whine such time order the removal of the trespasser from such land and shall remove or depute any person, to remove him therefrom and take possession thereof; and if the Tehsildar or the person so deputed is opposed or !impeded in taking possession of such land, the Tehsildar shall apply to a Magistrate having jurisdiction and such Magistrate shall enforce the surrender of the land to the Tehsildar.

(5) Notwithstanding anything contained in the foregoing sub-sections, the Tehsildar may, in case any such land belongs to the category specified in clause (ii) of the proviso to Section 97, sell it, with the approval of the Sub-Divisional Officer, to the trespasser upon payment by him of the premium therefor at the rate fixed under Section 96 and applicable to such land in addition to the assessment and penalty recoverable from him under sub-section (2) in respect of the whole period of unlawful occupation

(6) Notwithstanding anything contained in sub-section (2) -

(a) whoever occupies any land without lawful authority or, having occupied such land before corning into force of the Rajasthan Land Revenue (Amendment) Act, 1992, fails to remove such occupation within fifteen days from the date of service of a notice in writing calling upon him to do so by the Tehs!Idar shall, on convich`on, be punished with simple imprison- ment which shall not be less than one month but which may extend to three years and with fine which'may extend to twenty thousand rupees; and

(b) whoever, being an employee of the State Government specifically entrusted by an order of the Collector in writing with the duty to stop or prevent an offence punishable under this sub-section wilfully or knowingly neglects or deliberately omits to stop of prevent such offence, shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees or with both :

Provided that, in the case of an offence under clause (a), the court may for any adequate or special reason to be mentioned in the judgment impose a sentence of imprisonment for a term of less than one month :

Provided also that no investigation of an offence under clause (a) of this sub section shall be made by an officer below the rank of a Deputy Superintendent of Police :

Provided further that no court shall take cognizance of an offence under clause (b) except with the previous sanction of the Collector.

Explanation - For the purpose of this sub-section, "Land" means -

(i) a pasture land as defined in the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955); and

(ii) land redefined in sub-clauses (iii) and (iv) of clause Ca) of Section 103 including land appurtenant to a public well, Nadi, Johad and Talab.]