9. [ Rectangularisation of fields and carrying out and maintenance of land development works. [Substituted by Rajasthan Act No. 23 of 1974.]
(1)The Collector may direct all or any section of allottees or tenants to effect Rectangularisation of their fields.(2)For the purpose of carrying out land development works for optimum utilization of irrigation waters and/or the saving of land from damage, the Collector may-(i)direct the said allottees and tenants to carry out, at their own cost and as per plans and specifications approved by the Project Officer, land levelling work, reshaping of the fields, by division into rectangular bounded stripage each connected to a water course and drains excavation of water courses and drains, lining of water courses, soil treatment and land reclamation. Non-compliance of any of such directions shall be deemed to be a breach of the conditions imposed by this Act;(ii)direct the taking of temporary possession of land belonging to any section of allottees or tenants temporarily for a period not exceeding three months; and the tenant or allottee concerned shall be bound to surrender the said land and shall not be entitled to any compensation or a period of occupation extending upto three months. In case the development work is not completed within three months, the Collector may extend this period for another one month for valid reasons. The tenant or allottee concerned shall be entitled for such compensation as determined by the Collector for the period extending beyond three months;(iii)before taking proceedings for taking possession under clause (ii) cause to be sewed in the prescribed manner on the tenant or allottee concerned a notice specifying the land to be taken over and calling on him to hand over possession by a certain date or to appear and show cause why the possession of the land in question should not be taken for the purpose of carrying out the land development work;Where the tenant or allottee concerned:--(a)does not hand over possession nor make appearance in response to the notice issued as above; or(b)does not show any cause; or(c)makes any representation which is rejected after it has been considered and a personal hearing given to him if this had been desired, the Collector may proceed to take possession in any manner he deems fit;(iv)direct any section of allottees or tenants to exchange peacefully their land for land elsewhere as nearby as may be, equal in value to the land surrendered, such value being determined by the Collector, and to hold it on the same terms and conditions, the said terms and conditions to apply in like manner as if the land taken in exchange had been the land held originally.(3)In case of the land being in the possession of a sub-tenant or mortgagee, as the case may be, under a valid lease or deed, the tenant shall inform the Collector and the provisions of sub-Section (1) and (2) shall apply to such subtenant or mortgagee as if he were a tenant but the ultimate liability for the payment of the cost of such development works shall in all cases be on the tenant. Such sub-tenant or mortgagee shall be entitled to the compensation, if any, payable to the tenant for the possession of land under clause (ii) of sub-Section (2) above:Provided that such sub-tenant shall be liable to pay a proportionately higher rent for the remaining period of the lease or such mortgagee shall be liable to account for at the time of assessing the re-payment of the debt about, as the case may be, for the increased income from the land after the land development works, in accordance with the rules framed by the State Government for this purpose.(4)If any allottee or tenant fails to comply with an order of the Collector under sub-Section (1) or clause (i) or clause (iv) of sub-Section (2), within a period of one month, the Collector shall have the right to get the work executed departmentally or through a Government approved agency and to recover the cost thereof as arrears of land revenue and shall also have the right to enforce temporary resumption, surrender or exchange of land, as the case may be.(5)In pursuance of the above mentioned land development programme, all officers and servants of the Government duly authorised in this behalf shall have the right to enter upon the land or any building thereon at all times and do all acts and things necessary for or incidental thereto for enforcing the execution of the said works or ascertaining that they have been duly carried out:Provided that no residential plot shall be so entered into except at a reasonable time and after a notice of not less than 24 hours.]
