Rajasthan Assembly passes Bill to regulate property transfers in 'disturbed' areas

Jaipur, March 6 (PTI) The Rajasthan 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'.

The legislation aims to regulate property transactions in areas hit by unrest and protect tenants from arbitrary eviction.

Replying to the debate on the Bill, Parliamentary Affairs Minister Jogaram Patel said the legislation was brought to maintain social harmony and was not based on any particular religion or community. He said the legislation was drafted after consulting legal experts and considering the requirements of the state.

"Have we mentioned Hindu or Muslim in the Bill or made it on that basis? The government respects all communities and religions," he said. He added that the legislation seeks to ensure that the spirit of communal harmony remains intact and that the government does not remain a mute spectator when tensions or instability arise in any area.

The Bill empowers the state government to declare specific localities as "disturbed areas" if public order is affected due to riots or mob violence, or if there is a possibility of improper clustering of people from one community in a manner that could disturb the demographic balance of the locality.

Under the new provisions, any transfer of immovable property in such notified areas during a specified period will be considered null and void unless prior sanction is obtained.

Sellers and buyers in "disturbed areas" will have to take permission from a competent authority, not below the rank of Sub-Divisional Magistrate. The authority will conduct a formal inquiry to ensure that the transfer is being made with free consent, reflects fair market value and does not lead to a demographic imbalance. The Bill defines "fair value" as the higher of either the market rate or the District Level Committee rate.

The legislation also provides protection for 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 existing tenant in the new building.

Minister Patel said the law seels to prevent "distress sales" where individuals sell property below market value due to fear or insecurity following communal tension. "This is not merely a property issue but a question of social balance," he said.

The minister clarified that areas would not be declared disturbed arbitrarily but only after an examination of facts, reports and administrative inputs.

The Bill proposes the formation of a monitoring and advisory committee and a special investigation team to help the government identify disturbed areas and maintain public order. It also prescribes strict penalties for violations, including 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.

The House passed the Bill by voice vote following the reply.

Earlier, Congress Pradesh Congress Committee (PCC) president, Govind Singh Dotasra, criticised the legislation, accusing the state government of attempting to fuel religious polarisation.

Dotasra alleged that the government was trying to replicate a model that restricts constitutional rights to buy and sell property. "Government interference in these rights will only promote corruption and is a conspiracy to disturb peaceful areas," Dotasra said. He questioned the criteria for declaring an area "disturbed" and stated that Congress would scrap the law of voted to power.

Congress MLA Rajendra Pareek also questioned the intent of the legislation, while ruling party members supported it. PTI SDA AKY