Section 21 in The Rajasthan Colonisation (Chambal Project Government Lands Allotment and Sale) Rules, 1957
21. Conditions of sale.
- The following shall be the conditions of sale under these rules,-(a)All lands sold under these rules shall be subject to the provisions of the Act and of the Rajasthan Colonisation (General Colony) Conditions, 1955 and of these rules.(b)Land may be put up for sale in one lot or in several lots or in lots other than those shown in the notice and the Allotting Authority shall be competent to withdraw any lot or lots from sale without assigning any reason:[Provided that small patch of 2 acres or less shall be allotted to a tenant of contiguous field or holding by charging 10% over and above the reserved price, but if there are more than one claimant for such small patch, it will be given to the highest bidder by inviting auction amongst such claimants having contiguous field or holding thereto:Provided further that the conditions laid down in sub-clause (ii) of clause (d) hereunder shall not be applicable in such cases.] [Substituted by Notification No. dated 19.01.1968 - Rajasthan Gazette dated 15.02.1968.](c)No land shall be put up for sale until the State Government has fixed a reserved price therefor. The sale price shall be the reserved price determined by the State Government or the price offered in open auction, whichever is higher.(d)No person shall be allowed to bid unless he-(i)deposits an earnest money amounting to five per cent of the total reserved price of each plot of land in cash. This earnest money shall be refunded on the spot to the unsuccessful bidders at the conclusion of the auction;(ii)signs a declaration before the officer conducting the auction that he does not hold any land in his own name or in the name of any member of the joint family or if he holds land the total area of the land already held and of the land that he wishes to purchase at the auction shall not exceed the area prescribed for the Tehsil concerned for purposes of clause (a) of section 180 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955), and that he undertakes to cultivate the land personally.(e)No person shall, at any auction, retract his bid and if any dispute arises, the land shall be put up to auction again at the last undisputed bid.(f)[ The highest offer shall be communicated to the Collector and the sale shall not be complete unless the offer is accepted by the Collector: [Substituted by Notification No. dated 10.08.1962 - Rajasthan Gazette, dated 07.02.1963.]Provided that the Collector shall not, without the approval of the State Government, accept an offer which is less than ten percent over the reserved price.](g)The State Government reserves the right to reject any bid without assigning any reason therefor or to withdraw any lots or plots from auction at any time without assigning any reason.(h)[ A sum equal to twenty-five per cent or the purchase price shall have to be deposited in cash on the date the bid is closed; fifteen per cent of the purchase price shall be paid within one month of such date and the remaining sixty per cent in two equal instalments, that is to say, thirty per cent of the purchase price one year after such date and the remaining thirty per cent at the close of the second year. The amount payable in instalments shall bear interest at [nine per cent, per annum] [Substituted by Notification No. dated 03.09.1966 - Rajasthan Gazette dated 06.04.1967.] and the interest shall be payable along-with the instalment of the purchase price:Provided that the concession of payment in instalments with interest as above may also be extended to all sales by auction effected after the 21st of October, 1961.](i)Should any purchaser fail to observe or comply with any of the foregoing conditions, his deposit shall be forfeited to the State Government, which may have the land re-sold by a public auction, and any deficiency of price which may result on such resale shall be made good and paid by the defaulting purchaser.(j)If it is discovered at any time that the declaration referred to in clause (d) is false than the excess, and if the purchaser fails to cultivate the land personally, then the whole of the land sold may be resumed by the Government without payment of any compensation.
