Section 13 in The Rajasthan Land Revenue (Allotment of Unculturable Waste Land For Development of Private Forest) Rules, 1986
13. Conditions of Allotment.
(1)The allotments of land under these rules shall be on leasehold basis. The lease shall initially be granted for a period of 25 years and it shall thereafter be renewable for a period of 10 years at a time, provided there has been no breach of the terms and conditions prescribed in these rules.(2)The allottee may commence the work of plantation of tree, shrubs, and grasses of the recommended species.(3)The allottee shall plant trees, shrubs and grasses of species suggested by Forest-Officer on one third of the area in the first year another one third of the area in the second year, and on the remaining area in the third year. This period will commence from first of July following the handing over possession of land allotted under Sub-rule (7) of rule 12 of these rules.(4)The allottee shall enjoy full rights in respect of the produce of the allottee land, subject to the terms and conditions of the allotment.(5)No rent shall be charged from the allottee for the first ten years from the date of allotment, thereafter rent will be payable at the rate applicable to the lowest class of Barani land in the village.(6)The allottee shall pay to the State Government the period of the wells and permanent structures if any. existing on the land also the price of trees standing on the land at rates prescribed by rules made under section 80 and 81 of the Rajasthan Tenancy Act, 1955.(7)The land shall be liable to be resumed at any time by the Collector without payment of compensation in case of breach of any of the terms and conditions of the allotment.(8)The allottee shall have no ownership rights whatsoever on the allotted land on which the trees are planted and he shall not transfer, sublet or otherwise dispose of or create any interest title, right of easement or liability on it. The ownership of land will continue to vest in the Government [x x x] [Deleted by G.S.R. 121, Dated 13-1-1988; published in Rajasthan Gazette Part 4(Ga)(1), Dated 11-2-88, p. 448.].(9)The allotted land shall be used only for the purpose of planting of fuel wood or fruit or fodder trees. The allottee shall have no right to cultivate the said land for growing any agricultural crop.(10)(a)The allottee shall be entitled to the usufruct of the trees only. The usufructuary rights shall include the rights-(i)to gather dead branches:(ii)to take away any twangs and looping of the branches:(iii)to harvest produce such as fruits, flowers, seeds, leaves, tappings (of resing etc):(iv)to carry on tree based activity like be keeping, mage/tursar silkworm rearing lac production etc.:(v)to copping of trees: and(vi)to hyphothecate trees/land only to financial institutions for loans by deposit of the trees/patta with the financial institutions and creating a charge on the trees or land in favour of such institution:(b)on death of the allottee, the right and obligations under this allotment shall be heritable in accordance with personal law applicable.(11)(a)It shall be the responsibility of the allottee to plant, properly tent, maintain and protect the trees and see that the specified minimum number of trees are raised within the stipulated period.(b)The fencing should be natural biomass fencing with locally, available and suitable variety or trench and mound protection as far as possible. Normally facing should be for each plant separately.(c)If the plant/tree wither/fall down due to reasons beyond the control of the allottee, he shall intimate the fact to the Tehsildar mid then to cut and take the timber.(d)The allotment of the allottee can be transferred in whole or in part to a person of eligible category with the prior permission of Sub-Divisional Officer and subject to the same terms and conditions. In a case where a loan has been taken by hypothecation of tree/land, the transfer of such land shall be done only with the prior approval of the concerned financial institution and subject to the continuance of the subsisting charge on the land tree hypothecated to the financial institution.(e)In case of transfer of the land without permission of the Sub Divisional Officer, no right shall accrue to the transferee, who shall liable be to be summarily ejected under section 91 of the Rajasthan Land Revenue Act and such transfer shall be null and void and shall not be enforceable.(f)The allottee shall be permitted to cut and take the timber of the tree on its attaining silviculture maturity as recommended by the Forest-Department provided he has planted two trees for each tree to be cut, at least 2 years before the expiry of the life of that three. If the planter has not planted 2 trees at least 2 years before the tree attaining silviculture maturity, the timber can be permitted to be cut and taken away only on the written Permission of the Sub-Divisional Officer mid prior deposit of such fee with the Government that may be prescribed specified.(g)The allottee shall comply with such other general directions regarding the scheme as are issued from time to time by the State Government.(h)The allottee shall plant the trees along the road /canal in a way that it shall not endanger the safety of traffic of stability of the embankment, as the case may be, and the same may be directed to be removed by the appropriate authority whenever needed in public interest. Such directions shall be final.(12).(a) The allottee shall not in any way substantially reduce or destroy the productive capacity or do any act which is destructive or injurious to the allotted land over which he has planted trees or make it unfit for productive use.(b)The allottee shall have no right to cultivate the said land for growing agricultural crops except interculture for fuel wood or fodder and shall use the land for growing trees only.(c)No improvement over the land shall be permitted except the activities which is incidental to growing of trees and their tending.(d)The allottee shall not interfere with any existing easement or customary rights of the public or of the owner of adjoining lands over the said land.(13)(a)If the trees are not planted by the allottee within the time allowed or are not looked after properly by the allottee or any of the conditions imposed are breached, the allotment may be cancelled summarily. In the event of such cancellation no compensation shall be payable for any trees planted or for any improvement that may have been made and the allottee shall be liable to be evicted summarily from the allotted land and standing plant and trees shall be forfeited to the Government in accordance with the directions of the S.D.O.(b)If any loan from the financial institution has been taken by hypothecation of land/tree then during the pendency of the loan, notice of cancellation of the allotment shall be given to the concerned financial institution also.Explanation. - The term financial institutions includes Nabard. Agricultural Financial Corporation Ltd. Scheduled Banks, Co-operative Societies and Banks, Regional Rural Banks and any other financial institutions as notified in this behalf by the State Government from time to time.
