Jaipur, March 6 (IANS). The Rajasthan Assembly on Friday passed the Rajasthan Immovable Property Prohibition on Transfer and Provision to Protect Tenants from Eviction from Premises in Disturbed Areas Bill, 2026. Its purpose is to regulate property transactions in disturbed areas and protect tenants from eviction.
Responding to the debate on the bill, Parliamentary Affairs Minister Jogaram Patel said the law was brought to maintain social balance and harmony and is not based on any particular religion or community.
He said that this law was made keeping in mind the special conditions and needs of Rajasthan and after consulting legal experts.
Patel asked, “Have we mentioned Hindu or Muslim in the bill or made it on that basis?” He also said that the government respects all communities and religions.
He said the law seeks to ensure that communal harmony is maintained and the government does not remain a mute spectator when tension or instability arises in any area.
The bill empowers the state government to declare certain areas as ‘disturbed areas’ if public order is affected due to riots or mob violence or if there is a possibility of gathering of people of a particular community in a manner that may disturb the demographic balance of the area.
Under the rules of law, any transfer of immovable property in such notified areas during the stipulated period will be considered void. Those who wish to transfer property in a disturbed area will have to obtain prior approval from a competent authority not below the rank of a sub-divisional magistrate.
The authority will investigate to find out whether the transfer is being done with free consent, whether the price reflects fair value, and whether the transaction could lead to demographic imbalance in the area.
The Bill defines ‘fair value’ as the market value of the property or the rate decided by the District Level Committee, whichever is higher.
This law also provides protection to tenants in areas affected by riots. If a building is destroyed during the riots, the landlord will have to rebuild it and provide accommodation to the tenant in a new building.
Any person who wishes to transfer immovable property situated in a notified disturbed area must make an application in the prescribed form to the competent authority for obtaining prior approval for the transaction.
On receipt of the application, the competent authority will conduct a formal investigation after giving the applicant an opportunity of being heard and examining any evidence presented.
During the investigation, the authority will determine whether the property falls within the definition given under the Transfer Act, whether both the transferor and the transferee have given their consent as provided under the Indian Contract Act, 1872, and whether the transaction reflects the true value of the property being transferred.
The authority will also look into whether the transfer may lead to unfair integration of people from the same community, thereby disturbing the demographic balance of the area or affecting peaceful co-existence among different communities living in the area.
Patel said the purpose of the law is to safeguard demographic balance and social harmony by preventing forced sale of property during communal tension or violence.
He further said that experiences in many parts of the country have shown that after riots or communal tension, people sometimes sell properties below the market value due to fear and insecurity, leading to rapid changes in the demographic profile of the living areas.
“It is not just a matter of property, but a question of social balance,” he said. The minister said that no area will be declared disturbed arbitrarily and the decision will be taken only after examining the facts, reports and administrative inputs.
The bill also proposes to create a Monitoring and Advisory Committee and a Special Investigation Team to help the government identify disturbed areas and maintain public order.
–IANS
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