Jaipur: The Rajasthan Legislative Assembly on Friday passed the Rajasthan Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Bill, 2026, aimed at regulating property transactions in disturbed areas and protecting tenants from eviction.
Replying to the debate on the Bill, Parliamentary Affairs Minister Jogaram Patel said the legislation was introduced to maintain social balance and harmony and was not based on any particular religion or community.
The law was framed after considering the specific circumstances and requirements of Rajasthan and after consultations with legal experts, he said.
“Have we mentioned Hindu or Muslim in the Bill or framed it on that basis?” Patel asked, adding that the government respects all communities and religions.
He said the legislation seeks to ensure that communal harmony remains intact and that the government does not remain a mute spectator when tensions or instability arise in any locality.
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 clustering of people from a particular community in a manner that could disturb the demographic balance of the locality.
Under the provisions of the law, any transfer of immovable property in such notified areas during the specified period will be considered null and void. Individuals intending to transfer property in a disturbed area will have to obtain prior sanction from a competent authority not below the rank of Sub-Divisional Magistrate.
The authority will conduct an inquiry to determine whether the transfer is being made with free consent, whether the price reflects fair value and whether the transaction could lead to demographic imbalance in the locality.
The Bill defines “fair value” as the market value of the property or the rate determined by the District Level Committee, whichever is higher.
The legislation also provides protection to tenants in riot-affected areas. If a building is destroyed during riots, the landlord will be required to reconstruct it and provide accommodation to the tenant in the new building.
Any person intending to transfer immovable property located in a notified disturbed area will be required to submit an application in the prescribed form to the competent authority seeking prior approval for the transaction.
Upon receiving the application, the competent authority will conduct a formal inquiry after giving the applicant an opportunity to be heard and examining any evidence presented.
During the inquiry, the authority will determine whether the property transfer falls within the definition provided under the Act, whether both the transferor and transferee have given their consent freely as defined under the Indian Contract Act, 1872, and whether the transaction reflects the fair value of the property proposed to be transferred.
The authority will also assess whether the transfer could lead to improper clustering of persons from one community in a way that may disturb the demographic balance of the locality or affect peaceful coexistence among different communities residing in the area.
Patel said the law is intended to safeguard demographic equilibrium and social harmony by preventing distress sales of property during communal tensions or violence.
He added that experiences in several parts of the country have shown that after riots or communal tension, people sometimes sell property at prices below market value due to fear and insecurity, leading to rapid changes in the demographic profile of residential areas.
“This is not merely a property issue but a question of social balance,” he said.
The minister said an area will not be declared disturbed arbitrarily and the decision will be taken only after examining facts, reports and administrative inputs.
The Bill also proposes the formation of a monitoring and advisory committee and a special investigation team to assist the government in identifying disturbed areas and maintaining public order.
It prescribes strict punishment for violations. Anyone who disobeys or facilitates the violation of an order issued by the competent authority can face imprisonment ranging from three to five years and a fine of at least Rs 1 lakh or 10 per cent of the fair value of the property, whichever is higher.
Patel said the government would not allow pressure politics and would protect the rights of citizens while ensuring peace and communal harmony in the state.
After the minister’s reply, the House passed the Bill by voice vote.
Earlier, during the debate, Congress MLA and Rajasthan Congress chief Govind Singh Dotasra criticised the Bill and accused the state government of attempting to fuel religious polarisation and restrict constitutional rights.
Dotasra alleged that the government was trying to replicate the “Gujarat model” by introducing legislation that could create religious tensions and consolidate majority votes. He claimed the Bill was aimed at enabling greater control over land and property transactions.
“The right to buy and sell property is guaranteed by the Constitution. Government interference in these rights will only promote corruption and is a conspiracy to disturb peaceful areas,” he said.
He questioned how the government would determine which areas would be declared “disturbed” and which communities were being referred to.
Dotasra said that if Congress returns to power, the law will be scrapped.
He further alleged that the Bill indirectly targets a particular community and that the government has failed to clearly spell out its intent in the legislation.
Congress MLA Rajendra Pareek also questioned the intention behind the legislation, while members of the ruling party supported the Bill.
Meanwhile, Chief Minister Bhajan Lal Sharma, in the statement of objects and reasons of the Bill, said: “To ensure effective implementation, the Bill establishes a Monitoring and Advisory Committee and a Special Investigation Team to assist the government in identifying disturbed areas and maintaining public order.
“Stringent punishments, including imprisonment of up to five years, are prescribed to deter the contravention of these provisions and protect the legal interests of all residents. The Bill seeks to achieve the aforesaid objectives.”
(IANS)
