Section 22 in The Rajasthan Colonisation (Bhakra Project Government Land Allotment and Sale) Rules, 1955
22. Conditions of sale.
- The following shall be the conditions of sale under these Rules:-(a)All land sold under these Rules shall be subject to the provisions of the Act and of the Rajasthan Colonisation (General Colony) Conditions, 1955 and of these Rules.(b)Land may be put up for sale in one lot or in several lots or in lots other than those shown in the notice and the allotting authority shall be competent to withdraw any lot or lots from sale without assigning any reason.[x x x] [Deleted vide Notification No. F. 22 (30) Revenue/Col./65, dated 24.06.1968-Rajasthan Gazette Part IV(C), dated 31.10.1968.](c)No land shall be put up for sale until the State Government has fixed a reserved price, therefor. The sale price shall be the reserved price determined by the State Government or the price offered in open auction, whichever is higher.(d)No person shall be allowed to bid unless he-(i)deposits an earnest money amount to five percent of the total reserved price of each plot of land in cash. This earnest money shall be refunded on the spot to the unsuccessful bidders at the conclusion of the auction;(ii)signs a declaration before the officer conducting the auction that he does not hold any land in his own name or in the name of any member of the joint family or if he holds land the total area of the land already held and of the land that he wishes to purchase at the auction shall not exceed the area prescribed for the Tehsil concerned for purpose of clause (a) of section 180 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) and that he undertakes to cultivate the land personally.(e)No person shall, at any auction, retract his bid and if any dispute arises, the land shall be put up to auction again at the last undisputed bid.(f)[ The highest acceptable offer shall be communicated to the Colonisation Commissioner, Rajasthan Canal Project and the sale shall not be complete unless the offer is accepted by him: [Substituted by Notification No. F. 7 (24) Irg./61, dated 10.08.1962-Rajasthan Gazette, Part IV(C), dated 07.02.1963.]Provided that the Colonisation Commissioner shall not, without the approval of the State Government accept an offer which is less than ten per cent over the reserved price.](g)The State Government reserves the right to reject any bid without assigning any reason therefor or to withdraw any lots or plots from auction at any time without assigning any reason.(h)[ A sum equal to twenty-five per cent or the purchase price shall have to be deposited in cash on the date the bid is closed; fifteen per cent of the purchase price shall be paid within one month of such date and the remaining sixty per cent in two equal yearly instalments, that is to say, thirty per cent of the purchase price one year after such date and the remaining thirty per cent at the close of the second year. The amounts payable in instalments shall bear interest at [nine] [Substituted by Notification No. F. 22 (26) Revenue/Col./65, dated 23.09.1966-Rajasthan Gazette Part IV(C), dated 06.04.1967, page 13.] per cent per annum and the interest shall be payable along with the instalment of the purchase price:Provided that the concession of payment in instalments with interest as above may also be extended to all sales by auction effected after the 21st of October, 1961.][Provided further that in the event of total price or all the remaining instalments being paid upto 31-3-1972, a rebate equal to 25% shall be allowed on the amount of price or instalments which have not become due up to this date of payment.] [Added by Notification No. F. 22 (30) Revenue/Col./65, dated 28.11.1970-Rajasthan Gazette Extraordinary Part IV(C), dated 07.12.1970.](i)Should any purchaser fail to observe or comply with any of the foregoing conditions, his deposit shall be forfeited to the State Government, which may have the land resold by a public auction, and any deficiency of price which may result on such resale shall be made good and paid by the defaulting purchaser.[Provided that where the purchaser fails to deposit the installments of price of land, no action for cancellation of allotment of land shall be taken by the allotting authority if the purchaser deposits the remaining unpaid price of land without any interest as lump sum upto 31.12.2013.] [Added by Rajasthan Notification G.S.R. 18, dated 13.6.2013.](j)If it is discovered at any time that the declaration referred to in clause (d) is false then the excess and if the purchaser fails to cultivate the land personally then the whole of the land sold may be resumed by the Government without payment of any compensation.(k)[ If at any time any Government land sold as un-command land/barani land becomes command land, the purchaser or his transferee, including subsequent transferees in possession of the land as the case may be, shall pay to the State Government, the price of command land notified by the State Government at the time of the sale of un-command/barani land of the same murabba/chak and in case the price of command land in the same murabba/ chak has not been fixed then the price of command land in the nearest murabba/chak or the price offered in open auction at the time of sale of un-command land, whichever is higher, along with interest @12% per annum from the date of sale of command land and up to the date of paying the difference amount of command land, less the price which he has already paid for the un-command/barrani land.] [Added by Notification No. F. 4(19) Col./1999, dated 28.4.2007-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 5.5.2007, page 63(2) = 2007 RSCS/Part II/page 478/H. 442.]
