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State of Rajasthan - Section

Section 21A in The Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975

21A. [ Regularisation of certain cases of trespassers. [Inserted by Notification No. F. 4(16) Col./99, dated 26.11.2004-Rajasthan Gazette Extraordinary Part IV-C(I), dated 3.4.2005, Page 7(1), w.e.f. 26.11.2004 = 2005 RSCS/Part II/page 325/H. 269.]

(1)Notwithstanding anything contained in these rules and subject to the specific or general directions of the Government Allotting authority may, on the advice of the Advisory Committee instead of ejecting a trespasser from the land occupied by him allow him to retain possession of the whole, or part of such land subject to the extent of the ceiling area applicable to the allottee under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act II of 1973):[Provided that such trespasser has been in possession over the trespassed land for minimum five years during preceding seven years from 1.1.2000 and still in continuous possession from 1.1.2000.]
(2)Upon regularisation in the manner indicated in sub-rule (1) the trespasser shall be deemed to have been allotted the land so regularised under these rules and shall be governed by the terms and conditions prescribed in these rules.
(3)Such trespasser upon regularisation shall be bound to pay the price at the District Level Committee (DLC) rate.
(4)The price so fixed under rub-rule (3) shall be paid by the trespasser in four nearly instalments. After scrutinising the papers submitted by the trespasser, if it is found that the case is fit for regularisation, a notice is to be given to the said trespasser indicating the amount assessed and the said trespasser will deposit the first instalment within 15 day, after serving the notice and as soon as the first instalment paid the orders for regularisation will be issued by the competent authority. The subsequent instalment shall be payable on or before 15th July of every year.
(5)The price of land so fixed shall be deemed to have become due from the date of order of regularisation and an interest at the rate of 18% per annum shall be payable on the amount of the instalment which has fallen due for payment.
(6)All instalments together with interest if any, shall be paid at the nearest Treasury or Sub-Treasury.
(7)The following rates of rebate shall be allowed to the allottee :-
  Persons belonging to the SC/ ST/ Beneficiary ofthe IRPD Displaced Agriculturists/ Displaced landlessAgriculturists/ Released Sagri Others
For payment of the whole price in one lumpsum at the time ofallotment] 15% 10%
(8)[ Notwithstanding anything contained in these rules, the Agriculture Cooperative Society to whom land was allotted and the said society provided part of that land to its member for cultivation and the said land has been resumed under the Rajasthan (Allotment of Land to Cooperative Societies) Rules, 1959 or voluntarily surrendered by such member or his successor who got gairkhatedari or khatedari rights in violation of sub-rule (7) of Rule 5 of the said Rules of 1959, if such member, was member of such cooperative society on or before the date of commencement of these amendment rules and same is verified by the concerned registering authority and such members or his successor is bona fide agriculturist and continuously cultivating the said land personally, the allotting authority may on advice of Advisory Committee instead of ejecting him, allot the whole or part of that land subject to ceiling limit on payment of twenty five percent of the reserve price in case of member of Scheduled Castes, Scheduled Tribes, Other Backward Classes and Below Poverty Line families, and on payment of fifty percent of the reserve price in case of others, by reducing the amount already deposited, if any.] [[Substituted by Notification No. F. 4(2) Col./2007, dated 4.8.2008-Rajasthan Gazette Extraordinary, Part IV-C(I), dated 12.8.2008, Page 113(2), w.e.f. 4.8.2008 = 2009 RSCS/Part II/page 351/H. 163, for the following expression :'(8) Notwithstanding anything contained in these rules, the Cooperative Society to whom land was allotted and the said society provided that land to its member for cultivation and the said land has been resumed under the Rajasthan (Allotment of Land to Cooperative Societies) Rules, 1959. If the said member of his successor is landless and continuously in possession and cultivating the said land personally the allotting authority may on advice of Advisory Committee instead of ejecting him, allot the whole or part of that land subject to ceiling limit on payment of 25% of the reserve price in case of member of Scheduled Castes, Scheduled Tribes, Other backward Classes and Below Poverty Line families and on payment of 50% of the reserve price in case of others.']]
(9)[ Notwithstanding anything contained in these rules, the cultivators who got khatedari rights as per the provisions of Section 12 of the Rajasthan Land Reforms and Jagir Resumption Act, 1952 and said section was omitted by Act No. XIII of 1954 with effect from 18th day of February, 1952 and if the said cultivators or his successors or their transferees is landless and continuously in possession and cultivating the said land personally, the allotting authority may on advice of Advisory Committee instead of ejecting him, allot the whole or part" of that land, subject to ceiling limit, on payment of twenty five percent of the reserve price in case of member of Scheduled Castes, Scheduled Tribes, Other Backward Classes and Below Poverty Line families and on payment of fifty percent of the reserve price in case of others, by adjusting the amount already deposited, if any.] [Inserted by Notification No. F. 4(4) Col./04, dated 3.10.2008-Rajasthan Gazette Extraordinary Part IV-C(I), dated 13.10.2008, page 181(2). [w.e.f. 3.10.2008] = 2009 RSCS/Part II/page 682/H. 352.]