Section 36A: Acquisition of right to Nalbat

(1) If any person has. since before the commencement of this Act or in the Abu Ajmer and Stine' areas since before the commencement of the Rajasthan Revenue Laws .(Extension) Act. 1957 (Rajasthan Act 2 of 1958) been Khatedar tenant of. or upon such commencement acquires under section 15 or section 15-B Khatedari rights in land with a well is attached thereto and the right to realise Nalbat in respect of such well is vested in some person other than the landholder. such first mentioned person may apply to the Sub-Divisional Officer in the presCribed from and prescribed manner for the acquisition of such right within one year from the date of the commencement of the Rajasthan Tenancy (Amendment) Act. 1959: Provided that the Sub-Divisional Officer may entertain an application made under this section after the expiry of the period of one year if he is satisfied that the applicant had sufficient cause for not making the application within the said period. (2) On receipt of application under sub-section (I) the Sub-Divisional Officer shall issue a notice to the person in whom the right to realise Nalbat so vests informing him that if he desires to contest the application he must submit his objections in writing within thirty days of the receipt of the notice. (3) Whether or not the application is contested. such person shall submit to the Sub-Divisional Officer a detailed statement in the prescribed form and in the prescribed manner of his claim for compensation on account of the acquisition of such right to Nalbat. (4) If the landholder contests the application the Sub-Divisional Officer after holding such inquiry as he thinks fit: reject the application or grant the same subject to the provisions contained in sub-section (5). (5) If the Sub-Divisional Officer grants an application, he shall determine the amount of compensation payable for such acquisition in accordance with the provisions of section 25, and the provisions of sections 27 and 30 shall apply to and govern the payment of such compensation. (6) Nothing in this section shall affect the decision on and disposal of any application under section 29 made before the commencement of the Rajasthan Tenancy (Amendment) Act, 1959 and every such decision shall be operative as if validly and lawfully given. (7) All such application pending at such commencement shall be deemed to have been presented under this section and shall be proceeded with accordingly.