Jaipur, Feb 25 (LatestNewsX) The Rajasthan Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Bill, 2026, was introduced in the Rajasthan Legislative Assembly on Wednesday and is expected to be taken up for detailed discussion and passage during the ongoing session after completion of debate.
The proposed legislation empowers the state government to formally declare riot-affected or communally sensitive localities as “disturbed areas” for the purpose of regulating property transactions and protecting tenants from forced eviction in such notified zones.
Under the provisions of the proposed Bill, no immovable property located within a notified disturbed area can be transferred, purchased, sold, or registered without obtaining prior written approval from the competent authority, namely the District Collector or the Additional District Magistrate (ADM) of the concerned district.
According to the provisions contained in the Bill, if there is a significant increase in the population of a particular community in a specified locality, or if there is an alleged deliberate attempt to alter the demographic composition of that area in a manner that may disturb communal harmony, the state government may declare such a locality as a disturbed area and impose restrictions on property transactions there.
Violations of the provisions laid down under the Bill could attract stringent penal action, including imprisonment for a term ranging from a minimum of three years to a maximum of five years.
The Bill further specifies that any person who disobeys, abets, conspires, or knowingly facilitates the disobedience of an order passed by the competent authority under clause (b) of sub-section (4) of Section 6 shall be liable for punishment with imprisonment for a term not less than three years, which may extend up to five years.
In addition to imprisonment, the offender shall also be liable to pay a fine of not less than ₹1 lakh or an amount equivalent to 10 per cent of the fair market value of the property involved in the transaction, whichever is higher.
The Bill also provides that, notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act No. 46 of 2023), all offences punishable under Section 8 of the proposed legislation shall be treated as cognizable and non-bailable offences.
Such offences will be triable by the court specified in Column No. 4 of Part II of the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023, in accordance with the procedures laid down under the law.
The Bill further clarifies that all inquiries, proceedings, and actions undertaken before the competent authority or the state government under the provisions of this Act shall be deemed to be judicial proceedings within the meaning of Sections 229, 257, and 267 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
It also outlines that, for the purpose of conducting such inquiries and proceedings, due legal process and procedural safeguards as prescribed under the Act shall be followed by the concerned authorities.
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