Section 5 in The Rajasthan Colonisation (Temporary Cultivation Leases) Conditions, 1955
5. Exceptions and reservations.
- The lease shall be subject to the following exception and reservations and the Government hereby absolutely except and reserves to itself out of land in respect of the lands,-(1)All existing rights to and over all mines, minerals, quarries in or under the said lands or any part thereof together with all easements thereto for enjoyed by the Government in respect of the said lands or any part thereof, and no grant, unless it is otherwise specifically provided, shall be interpreted as creating or transferring any rights in minerals whatsoever, but such rights shall be deemed to have been expressly excepted and reserved to the Government with liberty to search for, work and remove any minerals existing on, over or below the land to which the grant relates in as full and ample a way as if the grant had not been made; and for the full discovery, enjoyment and use of the rights in minerals so reserved, it shall be lawful for Government through its authorised agents or assigns or for any Officer of the Government duly authorised in that behalf to enter upon the land and occupy it temporarily.(2)Areas excluded. - All rivers and streams and canals, water-courses and drainage, channels excavated or otherwise utilised therefor, together with their beds and banks and all grounds situated in the said lands or any part thereof as are of may be marked out as or for any distributary channels or channel.(3)All public thoroughfares existing on the land at the time when the lease is sanctioned together with any road or path, up-to the width of 4 Gathas, which, though not yet made, have been marked out upon the grounds or delineated in the plan or plans kept in the office of the Collector or the Colonisation Department.(4)Right to Construct or alter a water course. - The right to construct a water-course or alter an existing water-course, whenever this may be considered desirable, by the Collector after consultation with the Divisional Irrigation Officer.(5)Right to create a Right of way and construct village roads. - The right to create or reserve a right of way, in favour of the Government or any person or persons or any class of persons or of the public generally and the right to construct inter or intra village roads, through or across the said lands or any part thereof, and not over a strip exceeding at any point 4 gathas in width, as the Collector may, from time to time, in public interest or for the benefit of any or all land-holders of the village or chak or for the protection and maintenance of any property or exercise of any right reserved to the Government, consider desirable and may by an order in writing, direct.
