JAIPUR: The Rajasthan Legislative Assembly on Friday passed the ‘Rajasthan Bill for Prohibiting Transfer of Immovable Property and Providing Protection of Tenants from Eviction from Premises in Disturbed Areas, 2026’, which aims to regulate property transactions in notified disturbed areas and protect tenants from eviction, even as the opposition criticized the legislation as divisive.
Rajasthan became the second state after Gujarat to enact such a law.
Responding to the discussion on the bill, Parliamentary Affairs Minister Gaugaram Patil said that the legislation has been brought to maintain social balance and harmony and is not based on any particular religion or community.
He said the law was drafted after considering the conditions and requirements of Rajasthan and after consulting legal experts. “Did we mention Hindus or Muslims in the bill or make it as such?” He asked, adding that the government respects all sects and religions.
Patel said the legislation seeks to ensure that the spirit of communal harmony remains intact and that the government does not remain a silent spectator when tensions or instability arise in any area.
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The bill enables 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 improper assembly of people from one community in a way that could upset the demographic balance of the area.
Under the provisions of the law, any transfer of immovable property in those notified areas during the specified period shall be considered null and void.
Persons intending to transfer property in a disturbed area must obtain prior approval from a competent authority (not below the rank of Sub-District Magistrate). The authority will conduct a formal investigation to determine whether the transfer was made with free consent, whether the price reflects fair value and whether the deal could lead to a demographic imbalance in the area.
The bill defines “fair value” as the higher of the market value of the property or the area commission rate.
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The legislation also provides protection for tenants in areas affected by the riots. If the building is destroyed during the riots, the landlord will be required to rebuild it and provide housing for the tenant in the new building.
The minister said the law aims to protect demographic balance and social harmony by preventing property sales during sectarian tensions or violence.
Patil said experience in several parts of the country has shown that after riots or communal tension, people sometimes sell properties at prices below market value due to fear and insecurity, leading to rapid changes in the demographic profile of residential areas.
“This is not just a matter of ownership, but a matter of social balance,” he said.
The minister said that a troubled area would not be declared arbitrarily. The decision will not be taken until after studying the facts, reports and administrative inputs.
The bill also proposes the formation of a monitoring and advisory committee and a special investigation team to help the government identify troubled areas and maintain public order.
It stipulates strict penalties for violations. Anyone who disobeys or facilitates disobedience of an order issued by the competent authority could face imprisonment for a period of three to five years and a fine of not less than 10 years. $One thousand or 10% of the fair value of the property, whichever is higher.
Patil said the government will not allow political pressure and will protect the rights of citizens while ensuring peace and communal harmony in the state.
After the response, the Council approved the bill by voice vote.
Earlier, while speaking in the debate, Rajasthan Congress president and MLA Govind Singh Dotasra criticized the bill and accused the state government of trying to incite religious polarization and restrict constitutional rights.
While participating in the discussion, Dotasra alleged that the government was trying to replicate the “Gujarat model” by introducing legislation that could create communal tensions and consolidate majority votes. He claimed that the draft law aims to increase government control over land and real estate transactions.
“The right to buy and sell properties is guaranteed by the Constitution. Government interference in these rights will only promote corruption and a conspiracy to destabilize peaceful areas,” Dotasra said.
He asked the government how to determine which areas would be declared “disturbed” and which communities would be flagged. “Which areas will be termed as troubled and which community will it target? If Congress returns to power in 2028, we will scrap this bill,” he said, adding that political change is a recurring pattern in Rajasthan.
Dotasra further alleged that the bill indirectly targets a particular community and that the government has failed to clarify its intention in the legislation. Referring to the provisions in Article 5, he said they could open the door to corruption and limit the ability of citizens to challenge decisions in court.
He accused the government of trying to disturb peaceful areas, and said that the draft law appeared to have been introduced based on directives from higher authorities. “Our constitutional rights are being challenged. The dual-engine government is trying to dilute constitutional freedoms,” he said, warning that such legislation could damage Rajasthan’s age-old tradition of communal harmony and “refinement of Ganga Jamuni”.
