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State of Rajasthan - Section

Section 16 in The Rajasthan Colonisation (Bhakra Project Government Land Allotment and Sale) Rules, 1955

16. [ Extent of allotment.] [Substituted by Notification No. F. 6 (77) Revenue B./55, dated 25.05.1956-Rajasthan Gazette, Part IV(C), dated 23.06.1956.]

- All Government lands in the project area whether unoccupied or resumed under Rule 4, shall be allotted to the following different classes of tenants in the scales shown against them:-
(1)Temporary tenants who are cultivating Government lands under temporary cultivation leases, irrespective of the fact that such leases have been renewed in the past from time to time, and who held no tenure lands in their own name or of any member of their joint family, if any,-
(i) Those cultivating Government lands since 50 before December31, 1947 50 Bighas (two Murrabas) of the joint familyconsists of[adult male members] [Substituted by Notification No. F. 6 (77) Revenue B/54, dated 08.12.1956-Rajasthan Gazette, Part IV(C), dated 20.12.1956.]not exceeding five who haveattained the age of 18 years and if the joint family consists ofmore than five[adult male members] [Substituted by Notification No. F. 6 (77) Revenue B/54, dated 08.12.1956-Rajasthan Gazette, Part IV(C), dated 20.12.1956.]an additional area of 15Bighas per head may be allotted to the tenant for each of (headditional Adult male member of the family, who has attained theage of 18 years.
(ii) [ [[Substituted by Notification No. F.20(9) Col./98, dated 27.9.2001-Rajasthan Gazette Extraordinary, Part IV-C(I), dated 29.10.2001, page 139(3) = 2002 RSCS/Part II/page 153/H. 138 for the following:'(ii) - Those cultivating Government lands since after 31st December, 1947. - 25 Bighas (One Murraba) if the joint family consists of adult male members not exceeding three who have attained the age of 18 years and if the joint family consists of more than three adult male members an additional area of 15 Bighas per tie ad may be allotted (o the tenant for each of the additional adult male member of the family who has attained the age of 18 years.']] Those cultivating Government lands since after 31st December,1947. (a) A temporary cultivation lease holders shallbe allotted land to the extent to which he is eligible underthese rules out of the land comprised in his temporarycultivation lease:
Provided that is such lease holder holds suchlease land less than 15 bighas he will seek allotment as alandless person for the balance of land to make up the deficiencyin the extent of land to which he is eligible along-with otherlandless persons.
(b) If an adult son/adult unmarried daughter ofa temporary cultivation lease holder is eligible for allotment ofGovernment land under these rules and after allotment of land tohis father there remains any surplus land out of the landcomprised in the temporary cultivation lease of the father, suchsurplus land may be allotted to the adult son/ adult unmarrieddaughter to the extent to which he is eligible, in-case, thereare more than one such adult son/adult unmarried daughter, suchsurplus land shall be allotted to them as co-tenants.
Explanation.- In this sub-rule, the expression "(adultson/adult daughter)" means a son/daughter who has attainedthe age of majority according to the Indian Majority Act, 1875 onor before 1.1.85.]
(2)Tenure tenants holding Khatas under proprietary, Mauroosie; or Khatedari rights in their own name or of any member of their joint family:-
(i)In case of tenants whose family consists of not more than five adult male members who have attained the age of 18 years-
(a) If the area of tenure lands held by them underor by members of their joint family is 50 Bighas or more.   No Government land shall be allotted out of thearea held by them under temporary cultivation leases.
(b) If the area of tenure lands held by them underor by members of their joint family is less than 50 Bighas.   So much area of Government land[held by themon temporary lease] [Substituted by Notification No. F. 6 (77) Revenue B./54, dated 31.05.1958-Rajasthan Gazette, Part IV(C), dated 31.07.1958.]only as would bring up. their lands to anaggregate of 50 Bighas (2 Murrabas) for both tenure as well asGovernment lands to be now allotted.
(ii)Where the joint family of a tenure tenant consists of more than five adult male members who have attained the age of 18 years, an additional area of 15 Bighas per head may be allotted to the tenant for each of such additional members.
(iii)[ When the allotment is made to the father of the joint family as a manager, the co-partners who separated after allotment but before 31st December, 1952 and have been cultivating the lease land severally since partition are eligible to allotment of land according to the following scale :- [Substituted and/or omitted by Notification No. F. 6 (77) Revenue/B/54, dated 04.04.1958-Rajasthan Gazette, Part IV(C), dated 29.05.1958.]
(a) Father 50 bighas in case he is pre-1947 allottee;
(b) Sons 25 bighas each:
Provided that they shall not be allotted land in excess of the lease land actually held by them and proportionate reduction in the sons holding shall be made in case the father has more than 50 bighas of tenure land.]
(3) Landless tenants (other than displaced persons)who are agriculturists by profession and whose main stay of lifeis agriculture but who have no agricultural tenure or temporarycultivation lands in their own name or in the name of any memberof their family and are cultivating lands under tenure tenantswithout having acquired any rights thereon as contemplated inclause (iii) of Rule 14.   [15] [Substituted by Notification No. F. 6 (77) Revenue II/54, dated 29.11.1957-Rajasthan Gazette, Part IV(C), dated 12.12.1957.]Bighas. [xxx] [Substituted and/or omitted by Notification No. F. 6 (77) Revenue/B/54, dated 04.04.1958-Rajasthan Gazette, Part IV(C), dated 29.05.1958.]
[(3-A) [Added by Notification dated 27.08.1976-Rajasthan Gazette Part IV(C), dated 02.09.1976, page 272.] Released Sagri   15 Bighas]  
(4) Displaced persons who are agriculturists byprofession and whose main stay of life is agriculture but whohave not been allotted any land out of evacuee property lands andin whose favour a non-availability certificate has been issued ascontemplated in Rule 15.   [15] [Substituted by Notification No. F. 6 (77) Revenue II/54, dated 29.11.1957-Rajasthan Gazette, Part IV(C), dated 12.12.1957.]Bighas. [XXX] [Substituted and/or omitted by Notification No. F. 6 (77) Revenue/B/54, dated 04.04.1958-Rajasthan Gazette, Part IV(C), dated 29.05.1958.]
(5) Sub-tenants holding less than 25 Bighas ofsub-tenancy lands on which they have acquired a right and fromwhich they are liable to ejectment as contemplated in clause[(iii)] [Substituted by Notification No. F. 6 (77) Revenue B./54, dated 31.05.1958-Rajasthan Gazette, Part IV(C), dated 31.07.1958.]of Rule 14.   So much area of Government land as would bring up thetotal area of their sub-tenancy lands and the Government land tobe now allotted to an aggregate of[5 Bighas] [Substituted by Notification No. F. 6 (77) Revenue B/54, dated 08.12.1956-Rajasthan Gazette, Part IV(C), dated 20.12.1956.]i.e. an area equalto the difference between[15] [Substituted by Notification No. F. 6 (77) Revenue B/54, dated 08.12.1956-Rajasthan Gazette, Part IV(C), dated 20.12.1956.]Bighas and the area of thesub-tenancy lands held by him.
(6) Tenure tenants holding Khatas under proprietary,Mauroosie or Khatedari rights who are left with less than 50Bighas of land of their tenure Khata for Khudkasht purposes iftheir sub-tenants not liable to ejectment are allowed to retainlands of their sub-tenancy.   So much area of Government land as would render thearea of his Khudkasht land equal to[15] [Substituted by Notification No. F. 6 (77) Revenue B/54, dated 08.12.1956-Rajasthan Gazette, Part IV(C), dated 20.12.1956.]Bighas or one Murrabai.e. an area equal to the difference between[15] [Substituted by Notification No. F. 6 (77) Revenue B/54, dated 08.12.1956-Rajasthan Gazette, Part IV(C), dated 20.12.1956.]Bighas and thearea of Khudkasht land left with the tenure tenant.
(7) Tenants of Barani lands of village of Bikanerand Chum Districts and Tehsils Hanumangarh, Nohar, Bhadra andSuratgarh of Sri Ganganagar District adjoining Bhakra.   [15 Bighas] [Substituted by Notification No. F. 6 (77) Revenue B/54, dated 08.12.1956-Rajasthan Gazette, Part IV(C), dated 20.12.1956.].
  Project area lying within a depth of 15 milesfrom the fringe thereof provided that such villages do not fallwithin the expected irrigation zone of the Rajasthan Canal and ifsufficient area is available for such allotment in the borderarea of the Project.      
Explanation. - The areas mentioned in this rule shall be of commanded and irrigable lands. Where the area held or to be allotted is uncommanded or Barani, three Bighas thereof shall be reckoned equivalent to one Bigha of the commanded and irrigable area.