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[Cites 0, Cited by 0] [Section 13] [Entire Act]

State of Rajasthan - Subsection

Section 13(5) in The Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975

(5)Subject to the availability of land, the Allotting Authority shall, after consulting the Advisory Committee, make reservation-wise allotment of Government land to persons mentioned in the list referred to in sub-rule (4) out of the land entered in the list prepared under sub-rule (3) of Rule 8. in doing so, except where any Government land has been reserved for any specific purpose or class of persons under sub-rules (2) to (4) of Rule 6, the Allotting Authority shall act in the following manner, namely:-
(a)A temporary cultivation lease holder shall be allotted land to the extent to which he is eligible under these Rules out of the land comprised in his temporary cultivation lease:
Provided that if such lease holder holds such lease land less than 25 bighas, he will seek allotment as a landless person for the balance of land to make up the deficiency in the extent of land to which he is eligible along-with other landless persons of the same priority in the manner provided in clauses (c) and (d).[Provided further that the temporary cultivators who were allotted land on or before 1.1.1995 whether their temporary cultivation lease renewed or not, or has not been cancelled by the competent court and such cultivators having possession on such land till date of allotment, such persons will be eligible for allotment of lands on a permanent basis on the terms and conditions laid down in the rues and price of land will be charges as laid down in Rule 17 of the said rules.] [Inserted by Notification No. F. 3(29) Col./86, dated 26.11.2004-Rajasthan Gazette, Extraordinary, Part IV-C(II), dated 31.1.2005, page 141(8). = 2006 RSCS/Part II/page 173/H. 146.]
(b)[ If an [adult son/ adult daughter] [Substituted by Notification dated 18.11.1978 - Rajasthan Government Gazette, dated 21.12.1978.] of a temporary cultivation lease holder is eligible for allotment of Government land under these Rules and after allotment of land to his father there remains any surplus land out of the land comprised in the temporary cultivation lease of the father, such surplus land may be allotted to the [adult son/adult daughter] [Substituted by Notification No. E. 4(15) Col./92, dated 1.9.95-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 18.9.95, page 113(4) = 1996 RSCS/Part II/page 117/H. 102.] to the extent to which he is eligible. In case, there are more than one such [adult son/ adult daughter] [Substituted by Notification No. E. 4(15) Col./92, dated 1.9.95-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 18.9.95, page 113(4) = 1996 RSCS/Part II/page 117/H. 102.], such surplus land shall be equally allotted between them as co-tenants. The remaining land to which such [adult son/ adult daughter] [Substituted by Notification No. E. 4(15) Col./92, dated 1.9.95-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 18.9.95, page 113(4) = 1996 RSCS/Part II/page 117/H. 102.] may be eligible under these Rules will be allotted to him along-with other eligible persons of the same priority to which he belongs and in the manner provided in clauses (c) and (d).]
[Explanation. - In this sub-rule, the expression "adult son" means a son who has attained the age of majority according to the Indian Majority Act, 1875 [on or before 1-1-2001] [Inserted by Notification No. F. 4(14) Revenue/ Col./83, dated 11.9.1986 - Rajasthan Government Gazette Part IV-C, dated 2.10.1986, page 177.] .] [[Substituted by Notification No. F. 3(57) Col./95, Part VI, dated 9.11.99-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 1.4.2000, page 9(3) = 2001 RSCS/Part II/page 89/H. 78, for the following:'(1) All allotment of Government land other than those specified in Rule 12 of Rule 12-A shall be made by Allotting Authority in consultation with an Advisory Committee consisting of:
(a)Colonisation Tehsildar of the Tehsil in which the land is situated; - Member-Secretary
(b)Tehsildar of Revenue Tehsil in which the land is situated; - Member
(c)Block Development Officer of the Panchayat Samiti in whose jurisdiction land is situated; - Member
(d)Gram Sewak of the Panchayat in whose jurisdiction land is situated; - Member
(e)Any Gazette d officer of Scheduled Caste, of the district in which the land is situate, as may be nominated by the Collector' - Member'
The existing above sub-rule (1) of Rule 13 was earlier substituted by Notification No. T.3 (57) Col./95 Part VI, dated 16.7.99-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 16.7.99, page 87(2). = 1999 RSCS/Part II/page 423/H. 364.]]
(c)If a landless person holds or is allotted any land adjacent to the Government land available for allotment, the allotment shall be made to him out of such Government land to the extent available.
(d)In case a landless person does not hold any land as mentioned in clause (c) or after allotment of land to him under the said clause he still remains eligible for more land, the allotment of land or more land, as the case may be, shall be made by drawing lots strictly according to the order of priority of landless persons specified in Rule 7 [xxx] [[Deleted by Notification No. F. 4(11) Revenue/ Col./83, dated 6.7.1984 - Rajasthan Government Gazette, Part IV-C, dated 19.7.1984, page 142, for the following words:-
'and the lots shall be drawn in the manner as may be directed by the Colonisation Commissioner.']].[Provided that allotment of any Johar Paitan Land shall not be made without prior approval of the Colonisation Commissioner.] [[Substituted by Notification. No. F. 4(15) Col./92, dated 1.9.95-Rajasthan Gazette, Extraordinary, Part IV-C(i), dated 18.9.95, page 113(4). = 1996 RSCS/Part II/page 117/H. 102, for the following proviso:-'Provided that allotment of any Johar Paitan land shall not be made without the prior approval of the State Government.']]
(e)[ The date of submitting application before competent authority under clause (b) shall be [31.12.2008] [Added by Notification No. F. 4(14) Revenue/ Col./83, dated 29.6.1987 - Rajasthan Government Gazette, Part IV-C, dated 1.6.1989, page 21.] .]