Section 9 in Rajasthan Land Revenue (Allotment of Land for Setting up of Power Plant based on Renewable Energy Sources) Rules, 2007
9. Restriction on sub-lease of Land.
(1)No power producer except Developer may be allowed to sub-lease the part of leased land Developer may sub-lease the land to the Investor subject to the provisions of these rules.(2)[ Where the Developer desires to sub-lease any of the area or part of the area allotted to him and his interest in the leased area for the propose of generating the wind energy or solar energy, he may be allowed to do so by the Collector or [recommendation of R.R.E.G., and on payment of fifty percent of prevailing market value of land after deducting premium charged under sub-rule (3) of Rule 6] [Substituted by Notification No. G.S.R. 40, dated 24.11.2014 (w.e.f. 18.6.2007).] The transferee shall pay fifty percent additional lease rent annually.](3)Whenever any leased area is sub-divided as a consequence of sub-lease under sub-rule (2), all terms and conditions of lease as applicable to the lessee shall also be applicable to the sublessee except lease rent. The Sub-lessee in the sub-lease period, may assign his interest to any financial institution for the purpose of taking loan for establishing or developing [Wind Farms, Wind Power Plant, Solar Parks and Solar Power Plant] [Substituted 'Wind Energy Farm' by Notification No. G.S.R. 40, dated 24.11.2014 (w.e.f. 18.6.2007).], such assignment shall be subject to first charge of the Government.(4)In case of sub-lease, following conditions shall also be applicable; namely: -(i)the Lessee can make sub-lease only after taking prior permission of the Collector with the approval of the State Government;(ii)the sub-lessee shall be liable to make payment of charges specified under these rules;(iii)the sub-lease shall be permissible only for the purposes for which the land was leased out to the Lessee;(iv)sub-lease period shall not exceed the remaining period, of the original or renewed lease period, as the case may be;(v)the terms and conditions applicable to lessee shall mutatis mutandis apply to all sub-lessees;(vi)the rights and liabilities between the Developer (Lessee) and Investor (Sub-Lessee) shall be determined among themselves and. those shall not be binding on the State Government;(vii)the State Government shall not be liable for any dispute arising between the Lessee and sub-Lessee;(viii)any other conditions Which may be specified by the State Government, from time to time; and(ix)[ sub-lessee may only once transfer his interest in the sub-lease to another investor, subject to prior approval of R.R.E.C. On such transfer the sub-lessee deposit fifty percent of the prevailing market value of land in Government account after deducting the price charged by the lessee under sub-rule (2). The transferee shall pay fifty percent additional lease rent.] [Substituted by Rajasthan Notification No. G.S.R. 151, dated 22.2.2016 (w.e.f. 18.6.2007).]
