State of Rajasthan - Act
The Rajasthan Zamindari and Biswedari Abolition Rules, 1959
RAJASTHAN
India
India
The Rajasthan Zamindari and Biswedari Abolition Rules, 1959
Rule THE-RAJASTHAN-ZAMINDARI-AND-BISWEDARI-ABOLITION-RULES-1959 of 1959
- Published on 8 April 1959
- Commenced on 8 April 1959
- [This is the version of this document from 8 April 1959.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title, extent and commencement.
2. Interpretation.
- In these Rules, unless there is anything repugnant in the subject or context:-Chapter II
Abolition of Zamindari and Biswedari Estates
3. Issue of proclamation by Collector and taking over charge.
- Upon the issue of a notification under Section 4 of the Act, the Collector shall-4. Fresh clearings for cultivation or for any other purpose.
- After the issue of a notification under Section 4 of the Act, fresh clearings for cultivation or for any other purpose may be made in any land included in the estate or estates to which the said notification pertains only with the previous permission of the State Government, to be obtained through the Collector, and in accordance with the terms and conditions on which the permission is accorded.5. [ Suit and proceedings affecting abolished estates. [Substituted by Notification No. F. 1(25) Revenue/A/59, dated 25.12.1960-Published in Rajasthan Gazette, Part 4-C, Extraordinary dated 2.2.1961.]
6. Statement of Khudkasht land recorded as such and retained by intermediary under Section 5(4).
- Immediately on the issue of a proclamation under Rule 3 and in any case not later than one month from the date of vesting, every intermediary whose estate is abolished shall submit to the Collector in Form II (Form II) Part A, a statement of his khudkasht land recorded as such in the annual registers before the date of vesting which he wishes to retain in his possession in accordance with sub-Section (4) of Section 5 of the Act, as also a statement of tenancy lands, held by him outside his estate, in Part B of Form II.7. Statement of private properties.
- Immediately on the issue of a proclamation under Rule 3 and in any case not later than one month from the date of vesting, every' intermediary whose estate is abolished shall submit to the Collector a statement in Form III (Form III) of the properties which he claims to his private properties and which he wishes to continue to belong to and be held by him in accordance with the provisions of Section 6 of the Act.8. Enquiry regarding khudkasht lands and private properties.
9. Statement of Groves, Tanks, Ponds or Embankments.
10. Statement of transfers, agreements and contracts.
Chapter III
Allotment of Khudkasht
11. Application for allotment of Khudkasht.
- An application by an intermediary for the allotment of land for khudkasht under Section 10 of the Act shall be in Form VI (Form VI).12. Enquiry and disposal of application under Rule 11.
13. Principles according to which rent to be charged on khudkasht Land.
- In respect of land allotted as khudkasht under Section 11:-14. Maximum area of Khudkasht.
- The maximum area of land to be allotted as khudkasht to an intermediary under Section 11 together with any land already held by him or any member of his family as khudkasht before the date of vesting, shall not exceed two times the minimum area prescribed for the purposes of [clause (a) of sub-Section (1)] [Substituted by Notification No. F. 1(152) Revenue A/59 dated 12.6.1959-Published in Rajasthan Gazette, Part 4-C, dated 9.7.1959.] of Section 180 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act No. 3 of 1955) (vide Schedule at the end of Rule 66 of the Rajasthan Tenancy (Government) Rules, 1955).15. Terms and conditions relating to land in Chambal and Rajasthan Canal Projects.
- Where the land is situated within the Chambal or Rajasthan Canal Project, the price of land which may be fixed and such other charges including betterment fee, as may be payable along with such price shall be payable by the intermediary.Chapter IV
Assessment of Compensation
16. Statement of claim for compensation.
16A. [ Statement of claim for annuity in perpetuity under Section 19-A. [Inserted by Notification No. F.LD (61) Revenue A/60 dated 9.3.1962, Published in Rajasthan Gazette, Part 4-C, Supplement No. 6 dated 10.5.1962.]
17. Determination of compensation.
17A. [ Determination of annuity in perpetuity under Section 19-A. [Inserted by Notification No. F.LD (61) Revenue A/60, dated 9.3.62-Published in Rajasthan Gazette Part 4-C, Supplement No. 6 dated 10.5.1962.]
18. Form of statement of compensation.
- The amount of compensation due to intermediary shall be determined and recorded by the Collector in [Form IX (Form IX) or in Form IX-A (Form IX-A)] [Substituted by Notification No. F. 1(14) Revenue A/60, dated 10.3.1961-Supplement No. 15. dated 13.3.1961.].19. Mode of making deductions under Section 5(3).
20. Manner of enquiry about guardianship of minor or person suffering from legal disability.
- For the purpose of ascertaining the person to whom payment of compensation due to a minor or a person suffering from legal disability is to be made under clause (b) of subSection (4) of Section 19, the enquiry referred to therein shall be made in the following manner:-21. Manner of enquiry on death of intermediary before payment of compensation.
- When an intermediary dies after the abolition of his estate and before the full payment of compensation is made to him, an enquiry shall be made under Section 20 in the following manner in order to determine which person or persons shall be regarded as heir or heirs to the deceased intermediary for the purpose of payment of compensation:-22. Conditions for payment of interim compensation.
- The following shall be the conditions subject which interim compensation under Section 16 of the Act may be ordered to be paid to an intermediary whose estate is abolished under the Act:-Chapter V
Payment of Compensation
23. Cash when to be paid.
23A. [ Payment of annuity in perpetuity under Section 19-A. [Inserted by Notification No. LD (67) Revenue A/60, dated 9.3.1962-Published in Rajasthan Gazette, Supplement No. 6 dated 10.5.62.]
| (i) | In the case of a Muslim Wakf | To the Mutwali as defined in the Wakfs Act, 1954(Central Act XXIX of 1954), who is, or may hereafter, berecognised, in accordance with law, as being charged for the timebeing with the duty of maintenance of the institution or theplace of worship or the performance of the religiousservice:Provided that in the event of a dispute as tosuccession to the office of Mutwali, the amount shall be paid tothe Board of Wakfs, established under Section 9 of the said Act. |
| (ii) | In the case of a public trust as defined in the RajasthanPublic Trusts Act, 1959 (Rajasthan Act 42 of 1959) | To the trustee or other person who is, or mayhereafter, be recognised, in accordance with law, as beingcharged for the time being with the duty of maintenance of theinstitution or the place of worship or the performance of thereligious service:Provided that in the event of a dispute asto succession to the office of the trustee or other person, theamount shall be paid to the Devasthan Commissioner:Providedfurther that if a committee of management has been constitutedfor a public trusts under Section 53 of the Rajasthan PublicTrust Act, 1959 (Rajasthan Act 42 of 1959 (the payment shall bemade to such committee of management. |
| (iii) | If the grant was made for an educational purpose | To the person who is, or may hereafter, berecognised, in accordance with law, as being charged for the timebeing with the duty of maintenance of such institution.Providedthat in the even of a dispute in regard to the person who ischarged, the amount shall be paid to the Director of Educationconcerned]. |
24. Compensation in Bonds.
- Where the compensation is payable in bonds, it shall be given in the Rajasthan Zamindari and Biswedari Abolition Compensation Bonds.25. Denominations of the Bonds and interest.
- The bonds shall be issued in denominations of Rs. 50/-, Rs. 100/-, Rs. 200/-; Rs. 500/-, Rs. 1,000, Rs. 5,000/-, Rs. 10,000/- and Rs. 25,000/- and shall bear simple interest at the rate of two and a half percent per annum on the principal that has not become payable, calculated from the date of vesting. No interest shall be payable on any amount of principal beyond the date on which its payment fell due even though the same is not realised by the holder of the bond.26. Instalments.
27. Interim compensation to be deducted.
28. When payable.
- The instalments due on a bond from the date of its enforcement shall be payable on presentation from and after the first date of the yearly or half-yearly instalment which falls next after the delivery of the bond to the intermediary:Provided that if one or more intalments have already fallen due before the delivery of the bond, the interim compensation paid in cash shall be adjusted against such instalments and bonds shall be issued for the balance.29. Where payable.
- The instalments shall be payable at the treasury in Rajasthan at which the Bond is enfaced for payment of the instalments.30. Redemption of Bonds.
31. Procedure for payment of bonds and discharge thereof.
- In the case of complete redemption of bonds, the procedure laid down in Chapter VIII of the Government Securities Manual for the payment, of terminable loans shall be followed at the treasuries as regards the payment of the outstanding amount of the principal of the bonds. The discharged bonds shall as in the case of other Rajasthan Government Securities, be forwarded to the [Public Debt Office, Jaipur] [Substituted by Notification No. F. 1 C(2) Revenue 1 A/62, dated 18.7.1962, Published in Rajasthan Gazette, Part 4-C, dated 23.8.1962.] through the Accountant General, Rajasthan.Chapter VI
Indent and Distribution of Bonds
32. Issue of Bonds.
- The bonds shall be issued by the [Public Debt Office, Jaipur] [Substituted by Notification No. F. 1 C(2) Revenue 1 A/62, dated 18.7.1962, Published in Rajasthan Gazette, Part 4-C, dated 23.8.1962.] on a requisition made by the Collector of the district, and shall be transmitted by the [Public Debt Office, Jaipur] [Substituted by Notification No. F. 1 C(2) Revenue 1 A/62, dated 18.7.1962, Published in Rajasthan Gazette, Part 4-C, dated 23.8.1962.] to the Treasury Officer of the district indicated by the Collector in the indent for the purpose. The bonds shall be enfaced for payment of instalments at a such treasury as may be indicated in the indent furnished by the Collector of the district.33. Indent for Bonds.
34. Indents not to be despatched after the 26th.
- The Collector shall not despatch any indent for bonds to the [Public Debt Office, Jaipur] [Substituted by Notification No. F. 1 C(2) Revenue 1 A/62, dated 18.7.1962, Published in Rajasthan Gazette, Part 4-C, dated 23.8.1962.] after the 26th day of a month.35. Consignment of Bonds.
- The [Public Debt Office, Jaipur] [Substituted by Notification No. F. 1 C(2) Revenue 1 A/62, dated 18.7.1962, Published in Rajasthan Gazette, Part 4-C, dated 23.8.1962.] shall on receipt of the indent [in triplicate] [Substituted vide No. F. 1(23) Revenue A/66, dated 7.5.1966-Published in Rajasthan Gazette 4(ga). dated 7.7.1966, Page 216.], retain one copy & forward the other two copies together with the consignment of bonds indented to the Treasury Officer of the district to which the indent relates, after entering in columns 18 to 27 of the indent the particulars of the bonds issued.36. Intimation of despatch of Bonds.
- The [Public Debt Office, Jaipur] [Substituted by Notification No. F. 1C(2) Revenue 1A/62, dated 18.7.1962, Published in Rajasthan Gazette, Part 4-C, dated 23.8.1962.] shall also send an intimation of despatch of the consignment in Form XIIIA [in duplicate] [Substituted vide No. F. 1(23) Revenue A/66, dated 7.5.1966-Published in Rajasthan Gazette 4(ga). dated 7.7.1966, Page 216.] (Form XIIIA) to the Treasury Officer and a copy to the Collector of the district.37. Intimation of receipt of Bonds.
- Immediately on receipt of the consignment of bonds and the indent [in duplicate] [Substituted vide No. F. 1(23) Revenue A/66, dated 7.5.1966-Published in Rajasthan Gazette 4(ga). dated 7.7.1966, Page 216.], the Treasury Officer shall verily the contents of the consignment of bonds filling in column 28 and signing in column 29 in [both the copies] [Substituted vide No. F. 1(23) Revenue A/66, dated 7.5.1966-Published in Rajasthan Gazette 4(ga). dated 7.7.1966, Page 216.] [and] [Substituted by Notification No. F. 1(152) Revenue A/59, dated 4.3.1960, Published in Rajasthan Gazette Part 4-C, dated 14.7.1960.] he shall send one copy to the Collector of the district, and keep the other copy in a guard file in the order of its receipt The duplicate copy of the advice received in Form XIIIA shall be signed and returned to the [Public Debt Office, Jaipur] [Substituted by Notification No. F. 1(152) Revenue A/59, dated 4.3.1960, Published in Rajasthan Gazette Part 4-C, dated 14.7.1960.] as an acknowledgment for the bonds received.38. Bonds to be deposited in Double Lock.
- Tire Treasury Officer shall deposit the bonds so received in the Treasury doublelock, and sent an intimation to the Collector of the district of the receipt of the particular indent in the manner provided in Rule 32. In case of nonreceipt of the indent in full, the Treasury Officer shall give intimation thereof to the Collector of the district who shall then correspond in the matter with the [Public Debt Office, Jaipur] [Substituted by Notification No. F. 1C(2) Revenue 1A/62, dated 18.7.1962, Published in Rajasthan Gazette, Part 4-C, dated 23.8.1962.].39. Entries of the Bonds received and distributed.
40. Verification of stock.
41. Calculation of interest.
- The Collector of the district, shall calculate simple interest at two and a half per cent, per annum on the amount paid or to be paid in cash from the date of vesting to the date of determination of compensation (including rehabilitation grant) under the Act or the date of payment whichever is earlier.42. Distribution of bonds.
42A. [ Distribution of bonds through Tehsildars. [Substituted by Notification No. F. 1(152) Revenue A/59, dated 12.3.1964-Published in Rajasthan Gazette Part IV (Ga), dated 13.8.1964 page 272.]
- The Jagir Commissioner or the Collector may, by a special or general order, authorise the distribution of bonds through the Tehsildar incharge of a Tehsil upon such maximum value of bonds payable to an individual Zamindar or Biswedar as may be specified in such order.42B. Drawing up of list of persons.
42C. Treasury Officer to send bonds to Tehsildars.
- On receipt of the list, the Treasury Officer shall draw the bonds entered therein from the double lock and send them, along with two copies of the list, to the Tehsildar concerned in the same manners as the bonds are despatched by the Public Debt Officer.42D. Bonds to be entered in register and deposited in double lock.
42E. Issue of notice to Zamindar and Biswedar and sending of vouchers in Forms 20 and 20-A to Treasury Officer.
42F. Return of voucher by Treasury Officer.
- The Treasury Officer, shall within one week of receipt of the voucher, return the same to the Tehsildar, duly passed, for disbursement of the amount.42G. Distribution of bonds and vouchers.
42H. Monthly statement by Tehsildar.
- The Tehsildar shall send monthly statement of issue of bonds and cash payments made, to the Collector specifying the name of claimants Zamindar and Biswedar; amount and specification of bonds issued and cash payment made in each case, along with the stamped receipts for delivery of bonds.42I. Return of undisbursed bonds and cash vouchers inspections and verifications.
- If the claimant Zamindar and Biswedar:-(i)does not appear after being personally served, or(ii)is reported to have died, or(iii)his whereabouts are not known, or(iv)the bonds could not be delivered within six months of receipt;The bonds and the unpaid cash payment vouchers shall be returned to the Treasury Officer under a registered cover insured for a sum of Rs. 100/- Suitable remarks shall be recorded in the remarks column in the register in Form No. 17-A and in other registers maintained by the Tehsildar. The Treasury Officer shall send to the Tehsildar an acknowledgment of such receipt alongwith full description of the bonds. The respective vouchers for payment of cash shall be cancelled under intimation to the Treasury Officer.Chapter VII
Payment of Cash and Bonds
43. Procedure for payment in cash.
- Payment in cash under Rule 23 shall be made through vouchers in Form XX (Form XX), The books containing vouchers and counter-foils shall be kept in the personal custody of the Collector who shall, before commencing use of a book of vouchers, send intimation to the Treasury Officer in Form XX-A (Form XX-A). The vouchers shall be sent to the Accountant General, Rajasthan, through the Treasury Officer.44. Account to be rendered by the Treasury Officer.
- The Treasury Officer shall furnish in Form XVIII (Form XVII) to the Collector of the district concerned an account of the vouchers presented and encashed on each day of payment, and the Collector shall, on its receipt, fill in entries in column 23 of the register in Form XVII. The statements in Form XVII shall be kept in a guard file in the serial order of receipt Where no payments are made on any day, the Treasury Officer shall despatch a blank statement in Form XVII-A (Form XVII-A) to the Commissioner of the division at the end of each month. He shall also consolidate the statements so received in Form XVII from the Treasury in Form XVIII-B (Form XVIII-B) in triplicate, all the three copies whereof shall be sent to the Treasury Officer for verification of the totals from the Treasury records. The Treasury Officer shall verify the figures from his registers, and note the verified amount on the triplicate copies of the statement in Form XVII-B under his dated signatures and return two copies to the Collector who shall then send one copy to the Accountant-General, Rajasthan, by the 20th of each month and transmit one copy to the Commissioner of the division by the 20th of each month. In case there is any difference between the Treasury and departmental figures, the Collector shall institute an enquiry at once and report the result to the Commissioner of the division.Chapter VIII
Miscellaneous
45. Manner of holding enquiries under Section 9.
- All enquiries under the Act shall unless otherwise specifically provided therein or in these rules be conducted:-46. Manner of service of summons and notices and issue of proclamation.
47. Period of limitation for review.
- The period of limitation for an application for review under Section 26 shall be ninety days from the date of the order sought to be reviewed.48. Court fee.
- The Court fee payable on all applications and appeals under the Act shall be the same as is provided for the time being for applications and appeals presented to a revenue court, and process fees shall be payable in respect of notices issued under the Act as if they were processes issued by a revenue Court.49. Inspection & copies.
50. Manner of entering upon land or building for purposes of enquiry under the Act.
- An Officer or authority holding an enquiry under the Act shall, before entering upon any land or building in the estate of an intermediary, do so in accordance with the provision contained in the proviso to Section 52 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956).Form I(See Rule 3)Form of ProclamationI........................ Collector of................................ district, do hereby declare for the information of all persons possessing or claiming any right, title to interest in the land that, by virtue of notification No. ............ dated.................. issued by the Rajasthan Government under Section 4 of the Rajasthan Zamindari and Biswedari Abolition Act, 1959, (Rajasthan Act No. 8 of 1959), all Zamindari and Biswedari estates to which the notification applies shall, as from....................... (date) the date of vesting, stand transferred to, and vest in, the State Government, free from all encumbrances, and 1 shall,on the date aforesaid, take charge of those estates on behalf of the State Government.Know all men, therefore, that as from the date aforesaid, all rights, titles and interest of the Zamindars or Biswedars and of every other person claiming through them in such estate, including land (cultivable, waste or barren) grove land, grass land, or birs, scrub jungle, forests, trees, fisheries, hills, wells, tanks ponds, water courses and channels, ferries, pathways, villages sites, abadisities, hats, bazars, melas and mela grounds and in all subsoil therein including rights if any, in quarries and mines whether being worked or not, and in all minerals and mineral products, shall cease and be vested in the State Government, free from all encumbrances, for the purposes of the State, and every mortgage, debt or charge on any such right, title or interest shall be a charge on the amount of compensation payable to the Zamindar or Biswedar under the Act; and all the other consequences specified in Section 5 of the Act shall follow. So with effect from the date of vesting all rents and cesses in respect of any holding in such estate for any period after the date of vesting which, but for such in, and be payable to, the State Government and not to the Zamindar or Biswedar, and any payment made in contravention thereof shall not a valid discharge of the person liable to pay the same.Seal of the CollectorDate................SignatureForm II[See Rule 6]Part A – Statement of Khudkasht Lands held under sub-Section (4) of Section 5 of Rajasthan Act 8 of 1959
1. Name of Zamindar/Biswedar with parentage, age and address of.................. (village) Tehsil............. District........
2. Name and description of Estate..................................
Village ......................................Tehsil................................District..............................3. Date of vesting..............................
4. Particulars of khudkasht land held:-
Part B – (See Rule 6)
Statement of Tenancy Land held by Zamindars/BiswedarsStatement of tenancy lands held by................... Zamindar/Biswedar, son of................ resident of................. (Village, Tehsil............... District................Particulars of land held by the Zamindar/Biswedar as tenant in any Village outside his estate.| Name of village | Khasra No. | Area | Soil Class | Rent | Name of land holder |
Part I – Statement of Private Properties
Statement of properties claimed as private under Section 6 of the Rajasthan Zamindari and Biswedari Abolition Act, 1959 by the Zamindar/Biswedar.| Name of Zamindar/ Biswedar with parentage, ageand address | Name and Description of estate | Date of vesting | Particulars of villages in which propertysituated | ||||
| Name of village | Tehsil | District | Khewat No. | Khasra No. in which situated | |||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Part II – House Sites, Places of Worship, Nohra, etc.
Full description of property with particulars such as names, situation, boundaries, dimensions, etc.Part I – Groves
| Name of village with name of Tehsil in whichthe grove is situated | Khewat No. | Khasra No. | Area of grove | Particulars of grove | Nature of trees | Year in which first recorded as grove | Terms and conditions on which grove was heldon the date of vesting | Whether any portion of the land included inthe grove is cultivated | If, so, particulars cultivated during the pastthree years i.e. area under cultivation, crop grown and rent paid |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
Part II – Tanks, ponds and embankments, situated on khudkasht land or on any other land not being a village-site and in which no other person has got any right of irrigation
1. Name of village with name of Tehsil.
2. Khasra No. in which situated.
3. Particulars of tank, pond, embankments.
4. Khasra Nos. of land irrigated together with area.
5. Land Revenue payable in respect of the area.
6. Other terms and conditions on which held on the date of vesting.
I solemnly verify that the particulars given above are correct to the best of my knowledge and belief; that I have stated the truth and have not suppressed or concealed any fact; and I hereby accept the terms and conditions on which the groves, tanks, ponds and embankments shall be deemed to be settled with me.WitnessDate..........SignatureForm V[See Rule 10]Statement of Transfer referred to in Section 7(1) of Rajasthan Act No. 8 of 19591. Full name of Zamindar/Biswedar with parentage, age and full address.
2. Name and description of estate with name of village in which estate is situated, Khewat Nos. and Khasra Nos.
3. Date of vesting.
Part A – Particulars of all transfers of estate or part of estate made on or after 1st January, 1953, by way of (1) Sale or (2) gift or (3) by making a grant or (4) by way of lease for a non- agricultural purpose:-
1. Name, parentage and address of transferee.
2. Full details of area transferred such as Khasra No., area boundaries, rental value.
3. Terms and conditions of transfers.
Part B – Particulars of agreements or contracts referred to in Section 7(2) of Rajasthan Act No. 8 of 1959,
(I)Lease or contract of forest for period exceeding three years.1. Name or particulars of forest.
2. Name, parentage and address of lessee or contractor.
3. Area, etc.
4. Consideration received.
1. Name parentage and address of tenant.
2. Particulars of land: Khasra No., area, soil class and rent.
3. Particulars of contract,
4. Amount received by Zamindar/Biswedar.
I solemnly verify that the particulars given above are correct to the best of my knowledge and belief: that I have stated the truth and have not suppressed or concealed any fact and that there are no other transfers, contracts or leases which I have not disclosed.Signature.Witness.Date.............Form V-A[See Rule 16(3)(1)]Statement of agreement or contracts made by.......... Zamindar/Biswedar, son of......... resident of........... before the date of vesting viz.............. (date), where by rents, cess or sayer for any period after such date was paid to or compounded or released by the intermediary.1. Name and description of estate.
2. Name of tenant with parentage and residence.
3. Particulars of holding viz., name of village, Khasra No., area, soil-class.
4. Particulars of agreement or contract with date.
5. Amount received.
6. Remarks.
I solemnly verify that the above particulars are correct to the best of my knowledge and belief and that I have stated the truth and have not suppressed or concealed any fact.Signature.Witness.Date.........Form VI(See Rule 11)Application for Allotment of Land for Personal Cultivation As KhudkashtTo,The Collector,........District.Sir,My Zamindari/Biswedari estate situated in village.............. Tehsil.............. district.......... has, in consequence of notification No. ................. dated........... issued by the Rajasthan Government under Section 4 of the Rajasthan Zamindari and Biswedari Abolition Act, 1959, (Rajasthan Act No. 8 of 1959) vested in the State Government with effect from....... (date).2. I do not hold any khudkasht land [ /I] [Strike out which ever is inapplicable.] hold khudkasht land as per details given in Form II, Part A, appended to this [application] [Strike out which ever is inapplicable.]/already submitted on............(date)/I also hold tenancy land as per details given in Form II, Part B, appended to this [application] [Strike out which ever is inapplicable.]/already submitted on.................... (date) and as the land already held by me as khudkasht is less in area than the area specified in Section 12 of the said Act, I hereby apply under Section 10 of the Act, for the allotment of land to me for personal cultivation as khudkasht.
3. The necessary particulars are given below:-
4. I hereby undertake to cultivate the land personally and to accept the terms and conditions on which the land may be allotted and to pay the price, betterment charges and any other charges payable in the case of land falling under category (v) mentioned in sub-Section (1) of Section 13 of the Act.
I solemnly verify that the statements made in the above application are true to the best of my knowledge and belief and that I have stated the truth and have not suppressed or concealed any fact.WitnessSignatureDate..............Form VII(See Rule 16)Statement of Claim for Compensation under Section 17 of the Rajasthan Zamindari and Biswedari Abolition Act, 1959| Full Name of Zamindar/ Biswedar (Applicant)with parentage, age and full address | Name and description of the estate togetherwith name of village(s) in which estate is situated | Khewat Nos. | Khasra Nos. | Date of vesting | Basic year | Date of filing Claim |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
Part A – Particulars of Co-shares
| Names of the co-sharers with parentage andages and full addresses | Extent of the share of each co-sharer | Other necessary particulars |
| 1 | 2 | 3 |
Part B – Gross Income
A-Income from rents in respect of lands under the occupation of tenants not being tenants of Khudkasht or sub-tenants (Sub-clause (a) of clause 2 of the Schedule)| Name, parentage and address of tenant withclass of tenancy viz. Khatedar or Ghair Khatedar | Particulars of holdings | Istalments of rents with date of instalment | How was rent fixed and whether part (1) ofClause 3 or part (2) of the same clause of the Schedule to theAct is applicable | |||
| Khasra No. | Area | Soil Class | Total rent payable for the basic year | |||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Nomenclature or nature of cess | Method of levy | Rate payable for the basic year | How was the cess fixed and whether part (2) ofclause 3 of the Schedule to the Act is applicable | Name, parentage and address of tenant | Particular of holding | ||
| Kharsa No. | Area Soil | Class | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Particulars of land from which grazing duesaccrued | Rate of grazing charges and other particulars | |||
| Name of village | Khewat No. | Khasra No. | Area | |
| 1 | 2 | 3 | 4 | 5 |
| Year | Total for 10 years | Average per year | |||||||||
| 1948- 49 | 1949- 50 | 1950- 51 | 1951- 52 | 1952- 53 | 1953- 54 | 1954- 55 | 1955- 56 | 1956- 57 | 1957- 58 | ||
| 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 |
| Particulars of land from which sayar incomeaccrued | Rate and other particulars of Sayar income | |||
| Name of village | Khewat No. | Khasra No. | Area | |
| 1 | 2 | 3 | 4 | 5 |
| Year | Total for 10 years | Average per year | |||||||||
| 1948- 49 | 1949- 50 | 1950- 51 | 1951- 52 | 1952- 53 | 1953- 54 | 1954- 55 | 1955- 56 | 1956- 57 | 1957- 58 | ||
| 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 |
Part C – Dues and Deductions
Part D – Other Particulars
| 1. | Name of Zamindar/Biswedar son/wife of | Age | |
| Address | |||
| Tehsil | District | ||
| 2. | Khasra No. | Area | Khewat No. |
| Date of vesting | Basic year | ||
| Extent of the share of each co-sharer (where there are moreco-sharer than one). |
3. Income from rents in respect of lands under the occupation of tenants of Khudkasht or Sub-tenants:
| Name of tenants with parentage | Address of tenants | Class of tenancy | Khewat No. | Khasra No. | Area | Total rent payable for the basic year Rs. |
4. Income from cesses in the nature of rent payable and paid by or on behalf of tenants:-
| Name of tenants with parentage | Address of tenants | Nomenclature or nature of cesses | Amount payable for the basis yearRs. P. |
5. Income from grazing dues and from Sayar in respect of lands in estate other than Khudkasht and Shamlat-Deh lands calculated on the basis of average yield for ten years immediately preceding the basic year.
| Year | Income from grazzing duesRs. P. | Income from SayarRs. P. | Year | Income from grazzing duesRs. P. | Income from SayarRs. P. |
| 1948-49 | 1953-54 | ||||
| 1949-50 | 1954-55 | ||||
| 1950-51 | 1955-56 | ||||
| 1951-52 | 1956-57 | ||||
| 1952-53 | 1957-58 |
6. Amount payable in respect of the whole of his estate excluding Khudkasht and Shamlat Deh on account of:-
1. Land Revenue.
2. Agricultural Income-tax
3. Any other ta, cess rate, fee duty etc.
7. Land revenue payable for the basis year by Zamindar/Biswedar in respect of:-
| 1. Khudhasht | Khewat No. | Area | Land Revenue |
| 2. Shamlat Deh |
8. Whether compensation and rehabilitation grant is required in 15 equal yearly instalments or 30 half yearly instalments.
9. Any other remarks.
Signature.Address.Date.............Form VII-B(See Rule 16-A)Statement of Claim for Annuity in Perpetuity under Section 19-ATo,The Collector,.........DistrictSir,I hereby apply for payment of an annuity in perpetuity under Section 19-A of the Rajasthan Zamindari and Biswedari Abolition Act, 1959. The required particulars are given below:-| (1) | Name of applicant, with parentage,age and full address. | …................ |
| (2) | Name of religious/educational/charitableinstitution/purpose/service/for which the grant was held (fullparticulars to be given) | …................ |
| (3) | Name, with parentage and full address of the Zamindar/Biswedarwho made the grant. | …................ |
| (4) | Date on which the grant was made. | …................ |
| (5) | Particulars of grant and description of the estate, togetherwith name of village in which the grant is situate with the nameof Tehsil. | |
| (i) Khewat Nos. | …................ | |
| (ii) Khasra Nos. | …................ | |
| (iii) Area | …................ | |
| (iv) Soil classification | …................ | |
| (v) Rent | …................ | |
| (6) | Date of vesting | …................ |
| (7) | Basic year | …................ |
| (8) | Date of submission of claim for annuity | …................ |
| (9) | Name of person who is at present charged with the duty ofmaintenance of the institution or place of worship or theperformance of the service; and authority who made theappointment together with particulars of order | …................ |
2. The particulars of income, dues and deductions and other particulars as per Part B, C and D of Form VII appended to the Rajasthan Zamindari and Biswedari Abolition Rules, 1959, are attached.
| Date. | Signature. |
| Date.............. | Signature | |
| Place............. | Witness | 1 ..........2 …...... |
| Name of District | Name of Tehsil | Name of Village | Name and Description of estate | Date of vestin | Basic year | Name of Zamindar/ Biswedar |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
Part I – Income
| S. No. | Particulars | Amount | Remarks |
| 1. | Income of the Zamindar/Biswedar forthe basic year in respect of land in the, occupation of tenantsnot being tenants of Khudkasht or sub-tenants (Sub-clause (d) ofclause 2 of the Schedule)-(i) According to sanctionedrent-rates and as agreed upon-(ii) Not agreed upon but determinedin accordance with part (1) of clause 3 of the Schedule-(iii) Determined in accordance with part (2) of clause 3 ofthe Schedule. | Total of (i), (ii) and (iii) | ….......... |
| 2. | Income of the Zamindar/Biswedar for the basic year from cessesin the nature of rents referred to in clause (a) of Section 173of Rajasthan Act 15 of 1956 payable and paid by or on behalf oftenants not being tenants of Khudkasht or sub-tenants (sub-clause(b) of clause 2 of Schedule). | ||
| 3. | Income of the Zamindar/Biswedar forthe basic year from grazing dues from lands other than Khudkashtand Shamlat Deh lands calculated on the basis of average yieldfor ten years immediately preceding the basic year (sub-clause(c) of clause 2 of the Schedule).(a) Year (b) Amount (c) Total for ten years (d) Average peryear. | ||
| 4. | Income of the Zamindar/Biswedar forthe basis year from sayar in respect of lands in the estate otherthat Khudkasht & Shamlat Deh lands calculated on the samebasis as income from grazing dues (sub-clause (b) of clause 2 ofthe Schedule).(a) Year (b) Amount (c) Total for ten years (d) Average peryear. | Totals of 1, 2, 3 and 4 | |
| .............. | |||
| 5. | Grand total of gross income for basic year determined underclause 2 of Schedule | .............. |
Part II – Details of land revenue, taxes and other deductions to be made:-
| A. | (i) | Total land revenue payable by theZamindar/Biswedar for the basic year in respect of the wholeestate excluding Khudkasht Shamlat Deh land. | ||
| (ii) | Agricultural Income- | Tax for the basic year in respect of wholeestate excluding Khudkasht and Shamlat Deh lands. | ||
| (iii) | District Board Cess. | -do- | ............ | |
| (iv) | ............(Name) Cess. | -do- | ............ | |
| (v) | ............(Name) Fee. | -do- | ............ | |
| (vi) | ............(Name) Rate. | -do- | ............ | |
| (vii) | ............(Name) Duty. | -do- | ............ | |
| (viii) | ............(Name) Penalty. | -do- | ............ | |
| (ix) | ............(Name) Charge. | -do- | ............ | |
| Total | ||||
| B. | Administrative charges at 10% of the grossincome determined under clause 2 of the Schedule (S.No. 5 of PartI). | |||
| Total | ||||
| C. | Net income determined under clause 4 of theSchedule (Total of gross income minus total of A and B above.) | |||
| D. | Amount of rent, cess or sayer for any periodafter date of vesting paid to or compounded or released by theZamindar/Biswedar and recoverable from him under sub-Section (3)of Section 5 of the Act. | |||
| Particulars. Year. Amount. | Total | |||
| E. | Arrears of land revenue, cesses and other dutiesin respect of abolished estate due from Zamindar/Biswedar or hispredecessor-in-interest for period ............. (to be filledup) prior to date of vesting under sub-Section (3) of Section 5of the Act. | |||
| Particulars. Year. Amount | Total | |||
| F. | Amount of loans advanced by State Government orthe Court of Wards to the Zamindar/Biswedar or hispredecessor-in-interest together with interest thereon andarrears due on account of tax on agricultural income or any othertax, cess, rate, fee, duty or charge due from Zamindar/Biswedaror his predecessor-in-interest under subSection (3) of Section 5of the Act | |||
| Particulars. Year. Amount | Total | |||
| G. | Grand total of deductions to be made. |
Part III – Compensation payable
Under Part (1) of clause 5 of the Schedule:-| (1) | Under sub-clause (a) of Part (1) of clause 5-7times net income in respect of land in the occupation of tenantsnot being tenants of Khudkasht or sub-tenants. | ||
| (item C of Part II). | |||
| (2) | At 25% of land revenue payable by theZamindar/Biswedar for the basic year in respect of Khudkashtland. | ||
| (3) | At 25% of land revenue payable by theZamindar/Biswedar for the basic year in respect of Shamlat Dehlands. | ||
| (4) | Total amount of compensation under Part (1) ofclause 5 of the Schedule. | ||
| Under Part (2) of clause 5 of the Schedule: | |||
| (5) | Total amount of land revenue payable by theZamindar/Biswedar. | ||
| (6) | Multiple applied. | ||
| (7) | Amount of rehabilitation grant under Part (2) ofclause 5 of the Schedule. | ||
| (8) | Total amount of compensation includingrehabilitation grant [Total of (4) and (7)]. | ||
| (9) | Date from which payable viz., the date of vesting. | ||
| (10) | Deduct, interim compensation already paid. | ||
| (11) | Other deductions to be made as per items D, E and Fof Part II. | ||
| (12) | Balance. |
Part IV – Details of co-sharers
[Sub-section (3) of Section 18 of the Act]| Name | Parentage | Age | Residence | Extent of share | Amount |
| 1 | 2 | 3 | 4 | 5 | 6 |
Part V – Details of superior and inferior rights
[Sub-section (4) of Section 18 of the Act]| Name and particulars of superior right holders | Name and particulars of inferior right holders | Proportion in which profits were shared by theholder of such superior and inferior rights | Share of net amount of compensation payable tosuperior right holders | Share of net amount of compensation payable toinferior right holders |
| 1 | 2 | 3 | 4 | 5 |
Part VI – Particulars of instalments
| Whether payable in 15 equal instalments or 30equal half yearly instalments | Amount of instalments | Date of instalments | Form/cash or bonds or partly in cash or partlyin bonds |
| 1 | 2 | 3 | 4 |
Part VII – Minor and persons suffering from legal disability
| Whether compensation payable is due to a minoror person suffering from a legal disability (sub-Section (4) ofSection 19) | Whether such minor or such person is under thesuperintendence of the Court of Wards and if so whether theamount is to be paid to the Court of Wards |
| 1 | 2 |
| According to personal law. | Appointed by competent authority. |
Part VIII – Details of the land in the estate which has vested in the State
[Sub-section (1) of Section 18 of the Act]| Name of Village | Name of Tehsil | Whether whole village or part | If part Khewat No. | Khasra No. | Area | Soil Class | Sanctioned rent rates | Rent payable to Government in future | Rent payable by the intermediary in respect ofKhudkasht land under Section 29(1) | Rent payable by tenants to Government under Section30(1) |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
Part IX – Details of private properties [Section 5(4) and Section 6)
| Name of village | Khewat No. | Khasra No. | Area | Soil Class | Land Revenue payable therefor | Date of vesting | Rent payable from the date of vesting |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| House sites | Places of worship | Wells situated in house-sites or khudkashtland | Private houses | Nohras | Enclosure attached to Nohras and privatehouses | Lands covered by places of worship, wells,houses, Nohras, or enclosures | Trees belonging to Zamindar/Biswedar or anyother person standing on house sites and on khudkashtland |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Name of village in which situated | Khewat No. | Khasra No. | Area | Terms and conditions on which held on the dateof vesting |
| 1 | 2 | 3 | 4 | 5 |
| Situated in Khudkasht land or any other landnot being village-site | In which no other person has any right ofirrigation |
| 1 | 2 |
| Name of village | Name of village |
| Khasra No. | Khasra No. |
| Other Particulars | Other Particulars |
Part X – (A)
Transfers of estate made by Zamindar/Biswedar on or after 1st January, 1953 by way of sale or gift, or by making a grant or by way of lease for a non-agricultural purpose not recognised for the purposes of the Act (vide sub-Section 1 of Section 7 of the Act).(Details to be given)Part XI – Remarks
Collector.......SealDate..........Form X(See Rule 19(2)]Notice of Payment of Dues and Debts Outstanding against the Zamindar/BiswedarDated .........No ...........FromThe Collector,To,Zamindar/Biswedar of........................An amount of Rs. ............ inclusive of interest upto ................. is due from you to the Government of Rajasthan, as per details given in the attached statement, Since the Zamindari/Biswedari of which you are a Zamindar/Biswedar has been abolished or is going to be abolished and the said outstanding is recoverable from you under sub-Section (3) of Section 5 of the Rajasthan Zamindari and Biswedari Abolition Act, 1959 (Rajasthan Act No. 8 of 1959) from the amount of compensation (including rehabilitation grant) payable to you, you are hereby informed under Rule 19(2) of the Rajasthan Zamindari and Biswedari (Abolition Rules, 1959), that you should pay up the said amount within a period of one month from the receipt of (his notice. In case the amount of the outstanding is not accepted by you, you should please file your objections in my office, either in person or through your authorised representative, along with necessary proof in support thereof, within the said period. In case no objections are received from you within the said period, it shall be presumed that the said outstanding is acceptable to you and a certificate will be issued to deduct from the amount of compensation payable to you, the amount of this outstanding less any amount that may have been received in the meantime from you in part payment thereof and any objection raised by you after he said period wall not be considered valid. It is also stated for your information that in case the amount payable to you on account of compensation falls short of the amount of this outstanding, you will still be liable to pay the remainder and that until the whole outstanding is fully and finally settled the interest due thereon shall continue to accrue.| Seal | Signature .............. |
| Accomp.-Statement as above. | Designation........... |
| Seal | Signature .............. |
| Accomp.-Statement as above. | Designation........... |
| Witness | |
| 1. Signature............... | Date............... |
| 2. Signature............... | Date............... |
| Witness | |
| 1. Signature............... | Date............... |
| 2. Signature............... | Date............... |