Section 13A in The Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975
13A. [ Sale by special allotment.] [Added by Notification No. F. 4(10) Revenue/Col./75, dated 20.02.1980 - Rajasthan Government Gazette, Extraordinary Part IV-C, dated 20.02.1980, page 555.]
- [(1) Notwithstanding anything to the contrary contained in these rules, such lands as may be notified in this behalf by the State Government in Official Gazette to be sold by special allotment may be I allotted to the persons who are eligible for such allotment in the order of preference given in sub-rule (1) of Rule 7 of these rules and where any such person is not available, to any other person who has been a bonafide agriculturist and a bonafide resident of Rajasthan for a period of not less than twenty years from the date of application in accordance with the priority as mentioned in sub-rule (1-A) subject to the extent of ceiling area applicable to the allottee under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act 11 of 1973), at a fixed price to be notified by the State Government in the Official Gazette from time to time, for such notified lands.] [[Substituted by Notification No. F. 4(11) Col./1981, dated 17.1.2000-Rajasthan Gazette, Extraordinary, part IV-C(I), dated 15.3.2000, page 205 (1) [w.e.f. 17.1.2000] = 2001 RSCS/page II/page 656/H. 602, for the following:'(1) Notwithstanding anything to the contrary contained in these rules such lands as may be notified in this behalf by the State Government in Official Gazette to be sold by special allotment may be allotted to any person who is a bona fide resident of Rajasthan and a bona fide agriculturist subject to the extent of the ceiling area as applicable to the allottee under the Rajasthan Imposition of Celling on Agricultural Holdings Act, 1973 (Rajasthan Act 11 of 1973), ai a fixed price lo be notified by the State Government in the official Gazette from time to time, for such notified lands.'Prior to 9.11.99 the provision was as under :'(1) Notwithstanding anything to the contrary contained in these rules such lands as may be notified in this behalf by the State Government in Official Gazette to be sold by special allotment may be allotted to the persons who are eligible for such allotment in the order of preference given in sub-rule (1) of rule 7 of these rules and where any such person is not available, to any other person who has been [a bonafide agriculturist and] a bona fide resident of Rajasthan for a period of not less than 2[twenty years] from the date of application [In accordance with priority as mentioned in sub-rule (1-A)] subject lo the extent of the ceiling area applicable to the allot-tees under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act 11 of 1973), at a fixed price, lo be notified by tile State Government in the Official Gazette from time to time, for such notified lands.']]:[Provided that the State Government may constitute a Committee to consider the proposals for notifying the land and price of the land. If such Committee is constituted by the State Government, the proposal for notifying the land, and price of the land shall be placed before the Committee. After the approval of the Committee the Commissioner Colonisation/ Collector concerned as the case may be, shall notify the land and price of the land to be sold by special allotment.] [Inserted by Notification No. F. 4(17) Col./97, dated 12.7.2001-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 6.8.2001, page 85(2). = 2002 RSCS/Part II/page 133/H. 119.][(1 A) The priorities of allotment in case of other persons who has been a bonafide agriculturist and a bonafide resident of Rajasthan [for a period of not less than 20 years] [Inserted by Notification No. F. 4(2) Col./92, dated 3.1.1995 - Rajasthan Government Gazette, Extraordinary, Part IV-C(I), dated 9.1.1995, page 367(3), w.e.f. 3.1.1995 = 1995 RSCS/ Part II/page 373/H. 254.] [xxx] [Deleted by Notification No. F. 4(11) Col./98, dated 9.11.99-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 1.4.2000, page 7(2) w.e.f. 9.11.1999 = 2000 RSCS/Part II/page 638/H. 486, the existing expression was: 'for a period of not less than twenty years'], shall be as under:-(a)Resident of the district in which the land, is to be allotted is situated.(b)Resident of the neighbouring district excluding the persons mentioned in priority (d).(c)Resident of any other district of Rajasthan excluding the persons mentioned in priority (d).(d)Persons of colonised part of the Tehsil belonging to an area covered by Major or Medium Irrigation Project.](2)Issue and Publication of Notice. - (i) The Allotting authority, soon after the issue of notification by the State Government [or by Commissioner Colonisation/ Collector concerned as the case may be] [Added by Notification No. F. 4(17) Col./97, dated 12.7.2001-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 6.8.2001, page 85(2) w.e.f. 12.7.2009 = 2002 RSCS/Part II/page 133/H. 119, after the word : 'notification by the State Government'] in Official Gazette for sale by special allotment at the price notified, shall be issuing a Public notice in form XVIII under his signature invite applications for special allotment within the time fixed therein which shall not be less than 30 days from the date of issue of such notice. The time fixed by the allotting authority for inviting applications may be extended by him as and when necessary.(ii)[ The contents of notice shall be made widely known in the locality, in which land proposed to be sold by special allotment is situated,- [Substituted by Rajasthan Notification No. G.S.R. 46, dated 8.8.2012 (w.e.f 8.8.1975).](a)by affixing copies thereof at some convenient place on or near about such land and in other conspicuous public places in the locality.(b)by beat of drum, and(c)by an advertisement in two newspapers having wide circulation in the locality.](iii)Where the allotting authority is not the Collector of the Revenue District, a copy of such notice shall also be sent to the Collector of the District for affixing it on the Notice Board of the Collector-ate.(3)Application for Allotment. - (i) Within the time fixed in the public notice issued under sub-rule (2) or within such time as may be extended by the authority from time to time any person eligible for allotment under this rule may present an application in [form as may be specified by the State government by publication in the Official Gazette] [Substituted by Notification No. F. 4(11) Col./1981, dated 17.1.2000-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 15.3.2000, page 205 (1), [w.e.f. 17.1.2000] = 2001 RSCS/Part II/page 656/H. 602, for the following expression: 'Form XXII'] to the allotting authority of the areas or to any other officer authorised by the Colonisation Commissioner in this behalf:[Provided that the Allotting Authority may consider any application received after the expiry of the time so specified for reasons to be recorded in writing.] [Added by Notification No. F. 4(9) Revenue/ Col./87, dated 22.9.1988 - Rajasthan Government Gazette, Part IV-C, dated 13.7.1989, page 46.](ii)An application made under sub-rule (3) clause (i) shall be verified by the applicant as a plaint according to the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908).(iii)The applicant shall file, along-with his application an affidavit duly verified by a Magistrate or Oath Commissioner to the effect that the factual information given by him in his application regarding his permanent place of residence, means of livelihood, extent of his land holding, if any, and other particulars are true to his best knowledge or belief.[x x x] [[Deleted by Notification No. F. 4(9) Revenue/ Col./87, dated 22.9.1988 - Rajasthan Government Gazette, Part IV-C, dated 13.7.1989, page 46, which was as under:-'(iv) Applications received after the time fixed in the public notice issued under sub-rule (2) or after the extended time under sub-rule (2) shall not be considered and shall be filed in a separate file kept for the purpose, unless the allotting authority decides to consider any application received late as a special case for reasons to be recorded in writing.']](4)Enquiry and report on application. - (i) On receipt of an application the allotting authority shall immediately register it in a register to be maintained in his office on form XX and shall issue a receipt to the applicant in form XXI.(ii)The allotting authority shall scrutinise the applications and the annexed affidavits and shall verify the particulars contained therein with reference to the relevant entries in the land record and shall conduct or get conducted such enquiry as he may consider necessary for his satisfaction.(iii)After satisfying himself about the correctness of the information submitted by the applicant the Allotting Authority shall arrange the applications according to the priority for allotment provided in sub-rule (1) of Rule 7. He shall next fix a date, time and place for deciding the applications shall and affix a notice to the effect on the notice board of his office. Such notice shall not be of less than 7 days. The Allotting Authority may decide the applications on the date and time so fixed [in consultation with the Advisory Committee. The constitution of the Advisory Committee and Quorum for the meeting of the Advisory Committee shall be as provided under Rule 13 of these Rules.] [Inserted by Notification No. F. 4(2) Col./92, dated 12.3.1992 - Rajasthan Government Gazette, Extraordinary, Part IV-C, dated 4.6.1992, page 234.](iv)If it is discovered at any time that any information submitted by any applicant is false, or if any allottee fails to cultivate the land personally the entire land allotted may be resumed by the Allotting Authority without payment of compensation.(5)(i)A sum [of Rs. 500/-] [Substituted by Notification No. F. 4(9) Revenue/ Col./87, dated 22.9.1988 - Rajasthan Government Gazette, Part IV-C, dated 13.7.1989, page 46, for 'equivalent to 5%'.] of the notified price shall be deposited by the applicant as earnest money before his application is taken up for consideration by the allotting authority.(ii)[ Twenty-five percent of the notified price shall be paid by the allottee at the time of issue of the allotment order, and [ten] [[Substituted by Notification No. F. 4(10) Revenue/Col./75, dated 20.08.1981 - Rajasthan Government Gazette, Extraordinary, Part IV-C,dated 20.08.1981, page 261, for the following:-'(ii) Half of the notified price shall be paid by the allottee after acceptance of his application,(iii)The balance shall be paid before taking actual possession of the land allotted to the applicant. An applicant who retracts after allotment and does not deposit half the amount of the notified price shall forfeit his earnest money to the Government.']] percent of the notified price shall be paid by him before taking actual possession of the land allotted to him.(iii)The remaining [60%] [Substituted by Notification No. F. 4(10) Revenue/Col./75, dated 25.11.1983 - Rajasthan Government Gazette, Extraordinary, Part IV-C, dated 26.11.1983, page 239.] shall be recovered in [five equal instalments] [[Substituted by Notification No. F. 4(8) Col./98, dated 12.10.2000-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 24.10.2000, page 129 w.e.f. 12.10.2000 = 2001 RSCS/Part II/page 345/H. 232, for the following expression:'three equal instalments' and 'second and third instalments' respectively.]]. If the allotment order is issued before 30th June of the year, the first instalment shall fall due on the first day of January of the year immediately following and if the allotment order is issued in between 1st July and 31st December of the year, the first instalment shall fall due on 1st July of the year immediately following, the [second, third, fourth and fifth instalments] [Substituted by Notification No. F. 4(8) Col/98, dated 12.10.2000-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 24.10.2000, page 129 w.e.f. 12.10.2000 =2001 RSCS/Part II/page 345/H. 232.] shall fall due one year after the preceding instalment respectively.]The earnest money of an applicant who retracts and does not deposit the notified price as prescribed in the rules at the time of allotment shall be forfeited by the State Government:[Provided that if any allottee fails to deposit the instalment on due date, as prescribed in the allotment order, the allotment shall be deemed cancelled without any notice.] [Added by Notification No. F. 4(2) Col/92, dated 1.3.95-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 16.3.96, page 228. = 1996 RSCS/Part II/page 220/H. 293.][Provided further that if an allottee deposits all or some of his remaining instalments at-least 12 months before the date on which they fall due, then rebate at the rate of 4% per year shall be admissible on each such instalments paid in advance.] [Inserted by Notification No. F. 4(11) Col./98, dated 20.5.2009-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 26.5.2009, page 12(1). = 2009 RSCS/Part II/page 700/H. 391.][Provided that if an allottee pays total price of the land allotted to him in lump-sum at the time of issue of the allotment order, the allottee shall be allowed a rebate of 15% of the price of allotted land.] [Added by Notification No. F. 4(2) Col./92, dated 22.7.95-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 18.9.95, page 113(2). = 1996 RSCS/Part II/page 116/H. 101.][((iii-A) For special allotment in second stage, 20% of the notified price shall be paid by the allottee at the time of issue of the allotment order and thereafter actual possession will be given to him and remaining 80% amount shall be recovered in [twelve yearly equal instalments] [Inserted by Notification No. F. 4(1) Col./2001, dated 28.11.2004-Rajasthan Gazette, Extraordinary Part IV-C(I), dated 21.2.2005, page,155. = 2006 RSCS/Part II/page 400/H. 231.] from the allottee. The other conditions of the Rule 13-A will remain as such as prescribed in the said rule.](iv)[ In case more than one eligible persons of the same category applying for allotment of the same plot of land, allotment shall be made by [sealed bid] [[Substituted by Notification No. F. 4(9) Revenue/ Col./87, dated 22.9.1988 - Rajasthan Government Gazette, Part IV-C, dated 13.7.1989, page 46, for the following :-'(iv) In the event of more than one eligible person of tire same category applying for allotment of the same plot of land, allotment shall be made to the person who is ready to deposit whole of the notified price at the time of allotment.']] amongst these persons, but the highest bid shall not be sanctioned by the Allotting Authority if it is less than the maximum price for a check as notified under Rule 13-A.][Provided that the applicants to whom land could not be allotted due to the above procedure, may be allotted alternative unallotted land out of those lands which were previously notified and applications were invited for allotment of those lands, if there are no pending applicants from other applicants for allotment such unallotted land.] [Added by Notification No. F. 4(29) Col./92, dated 20.1.2000-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 23.3.2000, page 207 (2). [w.e.f. 20.1.2000]= 2001 RSCS/Part II/page 657/H. 603.](v)[x x x] [[Clause (v) deleted by Notification No. F. 4(9) Revenue/ Col./87, dated 22.9.1988 - Rajasthan Government Gazette, Part IV-C, dated 13.7.1989, page 46, which was as under:-'(v) In the event of more than one eligible persons of the same category being ready lo deposit whole of the notified price forthwith, allotment shall be made by drawing lots.']](vi)After completion of allotment the earnest money of the non-allottee applicants shall be returned immediately.(vii)[ [If any Government land allotted as uncommand land on or after 21st January, 1992, subsequently becomes command land] [Added by Notification No. F. 3(92) Col./91, dated 21.1.1992 - Rajasthan Government Gazette, Extraordinary, Part IV-C dated 4.2.1992, page 137.], the allottee or his transferee including subsequent transferee, in possession of the land, as the case may be, shall pay to the State Government the price fixed for the nearest command land in the same chak notified under Rule 13-A (1) at the time of the initial allotment of the uncommand land, and in case the price of command land in the same chak has not been fixed under this rule at the time of initial allotment of uncommand land then the price of command land in the nearest chak, increased @ 15% per annum from the date of initial allotment upto the land becoming command land less the price which he has already paid for the allotment of the uncommand land.][ [(viii-a)] [Inserted by Notification No. F. 4(2) Col./92, dated 19.2.97-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 1.3.97, page 255 (3). = 1998 RSCS/Part II/page 290/H. 256.] If any land allotted as a command land is subsequently declared as an un-command land by a competent authority before its price having been fully paid-up the price of such land shall be charged as payable for uncommand land and the amount already paid shall be adjusted towards such price, the amount paid in excess being refundable.The price of un-command land shall be determined on the basis of rate of uncommand land of similar nature in the same chak or nearest chak applicable on the date of allotment along-with interest of 15% per annum on instalments which became due but had not been deposited.] [Added by Notification No. F. 4(11) Revenue/ Col./83, dated 6.7.1984 - Rajasthan Government Gazette, Part IV-C, dated 19.7.1984, page 142.][ [viii-b)] [Inserted by Notification No. F. 4(1) Col./2001, dated 7.12.2005-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 3.1.2006, page 105. = 2006 RSCS/Part II/page 646/H. 437.] If the allotment of land lo an allottee has been cancelled or deemed cancelled as per provisions of these rules for non-payment of price of land then if the allottee applies within six months from the date of cancellation or the date of deemed cancellation of allotment or from the date of this notification the allotment shall be restored on payment of unpaid price in a lump sum with 12% interest per annum.](ix)[ Where the allotment of land to an allotted has been cancelled or deemed to have been cancelled for non-payment of price of land as per the provisions of these rules and the land has not been allotted to any other person, the allotment shall be restored if the allotted deposits the remaining unpaid price of land (without any interest) as laumsum amount up to 31.03.2013.] [Substituted by Notification No. G.S.R. 103, dated 6.2.2013 (w.e.f. 8.8.1975).]
