Rajasthan's Disturbed Areas Bill: Up to 5 Years' Imprisonment for Violations
Synopsis
Key Takeaways
Jaipur, Feb 25 (NationPress) The Rajasthan Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Bill, 2026, was presented in the Rajasthan Legislative Assembly on Wednesday. This legislation is anticipated to undergo thorough examination and approval during the current session following the conclusion of debates.
This proposed law allows the state government to officially designate areas affected by riots or communal tensions as “disturbed areas” to regulate property transactions and safeguard tenants from unlawful evictions in these designated zones.
According to the Bill's provisions, any immovable property situated within a designated disturbed area cannot be transferred, purchased, sold, or registered without prior written consent from the relevant authority, specifically the District Collector or the Additional District Magistrate (ADM) of the respective district.
If there is a notable surge in the population of a specific community within a given locality, or if there are allegations of intentional efforts to modify the demographic makeup of that area in a way that could disrupt communal harmony, the state government has the authority to declare that locality a disturbed area and enforce restrictions on property dealings there.
Non-compliance with the regulations established by this Bill may result in severe penalties, including imprisonment for a period ranging from a minimum of three years to a maximum of five years.
Moreover, the Bill stipulates that anyone who disobeys, aids, conspires, or knowingly facilitates the disobedience of an order issued by the competent authority under clause (b) of sub-section (4) of Section 6 shall face punishment of no less than three years in prison, which can extend up to five years.
In addition to imprisonment, offenders will be subject to fines of at least ₹1 lakh or an amount equivalent to 10 percent of the property's fair market value involved in the transaction, whichever amount is greater.
The Bill also states that, irrespective of the provisions in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act No. 46 of 2023), all offenses punishable under Section 8 of this proposed legislation will be categorized as cognizable and non-bailable offenses.
Such offenses will be tried by the courts specified in Column No. 4 of Part II of the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023, following the legal procedures outlined in the law.
It further clarifies that all inquiries, proceedings, and actions taken before the competent authority or the state government under this Act will be considered judicial proceedings under Sections 229, 257, and 267 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Furthermore, it outlines that the authorities must adhere to due legal process and procedural safeguards as specified under the Act when conducting such inquiries and proceedings.