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State of Rajasthan - Section

Section 20 in The Rajasthan Colonisation (General Colony) Conditions, 1955

20. Additional covenants for Tenants.

- If the grant is by way for agricultural purpose the grantee, whether by way of Ghair Khatedari tenancy or conferment of Khatedari rights, shall be and and remain bound by the following additional obligations and shall be deemed to have entered into a covenant for their due performance and observance:-
(1)Injury to land. - Not to use, cultivate or manage the land in such a way as to make it unfit for agricultural purpose.
(2)To bring one third of the culture-able area of the grant under cultivation within one year from the date of the commencement of the grant and thereafter always to keep one-half of the area under cultivation:[Provided that all kinds of new allot-tees like ex-jagirdars, landless tenants, ex-soldiers, muslim evictee's, gram panchayats, disabled ex-servicemen and dependent of deceased defence personnel, political sufferers, gallantry award holders, declared landless tenants of Bhakra (Punjab), displaced agriculturists or ousters, Gadoliya Lohars and all other special categories of allot-tees who have been allotted or are to be allotted land in Colony on a price fixed by the State Government, shall be bound to occupy and cultivate the whole of the allotted land within 2 years of the date of handing over possession. If the land is not cultivated within 2 years, the allottee shall be served with a notice to bring the land under cultivation and even then if the land is not cultivated personally before the end of the third year by him to the satisfaction of the Collector, the allotment shall be cancelled by the allotting authority and the land shall stand resumed to the State Government without payment of any compensation:Provided further that the allotment so cancelled shall be restored if the allottee comes forward and undertakes that he will cultivate the land after restoration.] [Added by Notification No. F. 22(30) Revenue/Col./65, dated 19.01.1968-Rajasthan Gazette, Part IV-(C), dated 15.02.1968, page 1061.]
(3)Restriction on cultivation when tenancy is for limited period. - If the tenancy is for a period terminating with the end of the Kharif season, not to sow any Rabi crop during the concluding season of the tenancy and if the tenancy is for a period ending with Rabi season, not to sow any Kharif crop during the concluding season of the tenancy.
(4)Notice by tenant. - (i) If the term of the grant provide for determination of the tenancy on notice by the grantee, such determination shall take place only at the end of the agricultural year or at a time specifically provided for in the grant, and a reasonable notice thereof shall be given in writing to the Collector in the manner prescribed for surrender of a tenancy under the law relating to tenancy for the time being in force.
(ii)If the tenancy is held jointly the notice shall be signed by each co-sharer or by some person duly authorised to act on behalf of all of them, and the Collector may reject a notice so signed unless the authority is produced.
(5)Construction of watercourses Restrictions on. - Not to construct or alter any canal, watercourses or drainage channel upon the land without the permission of a competent Canal Officer.
(6)Rectangulraisation of fields. - To carry out at his own cost Batbandi of fields for the purposes of rectangulraisation thereof.
(7)Survey and demarcation of land. - To pay such amount towards the cost of the survey and demarcation of the land of the chak or village as the Collector or Canal Officer may determine, the cost has already been incurred at the time of the grant or may be incurred thereafter.
(8)Construction of watercourses, culverts bridges and roads. - When called upon by the Collector:-
(a)to construct at his own expense any watercourse on the chak in which the land is situated and from which a supply of water is available for the land, or any road, path, culvert or bridge, necessary for the general convenience of the land holders of the chak or village in which the land is situated and to maintain them in good repairs, or
(b)to pay such amount towards the cost of their construction and maintenance as the Collector or a Canal Officer may determine, whether the cost has already been incurred at the time of grant or may be incurred thereafter.
(c)When the grantee fails to construct or maintain in good repairs any watercourse, road, path, culvert or bridge, the Collector may, after 15 day's notice to him, get the said watercourse, road, path, culvert or bridge, constructed or repaired departmentally and recover the cost thereof from the grantee as arrears of land revenue.
(9)Plantation of trees. - The grantee shall, within three years from the time of the canal receiving perennial supply of water, plant on the Batbandi line of each killa or along the watercourses of his land, five times as many trees as there are killas (or Bighas) in the grant and shall ever maintain that number in good condition; provided that-Subject to the provisions of the Rajasthan Tenancy Act, 1955 the grantee may use these trees, and other brushwood as may be standing on his holding, for his own bona fide private purposes connected with cultivation or domestic use, but he shall not sell, barter, exchange or given them away, and shall within six months replant as many new trees as he has cut or removed.
(10)Removal of trees and brushwood. - The grantee may remove any trees or brushwood standing on his lands to reclaim and bring the said lands or any part thereof under cultivation and such trees or brushwood shall be at the absolute disposal of the grantee and may be sold by him.
(11)The grantee shall not cultivate any land reserved for village site, Charagah or a village Forest, but as a matter of grace, he will be allowed to graze his cattle upon the lands reserved for Charagah and to take wood from the village forest in accordance with the rules framed by the Government in this behalf.