Section 20 in The Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975
20. 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 as may be mentioned in the notice and the [sealed bid officer] [Substituted by Notification No. F. 4(19) Col./99, dated 9.11.99-Rajasthan Gazette Extraordinary Part IV-C(I), dated 1.4.2000, page 5(3) = 2001 RSCS/Part II/page 88/H. 77, for the expression: 'auctioning officer'.] shall be competent to withdraw any lot or lots from sale without assigning any reason.(c)No land shall be put to sale until the State Government has fixed a reserve price in that respect. The sale price shall be the reserve price determined by the State Government or the price offered in [sealed bid] [Substituted by Notification No. F. 4(19) Col./99, dated 9.11.99-Rajasthan Gazette Extraordinary Part IV-C(I), dated 1.4.2000, page 5(3) = 2001 RSCS/Part II/page 88/H. 77, for the expression: 'open auction'.], whichever higher. The State Government, reserves to itself the right to revise the reserve price for various categories of land from time to time.Explanation. - Until the State Government fixes the reserve price, the scales of prices as given in Rule 17 shall be deemed to be the reserve price for the purpose of this rule.(d)[No person shall be allowed to bid unless he has been a bonafide resident of Rajasthan for a period of not less than 10 years prior to the date of [sealed bid] [[Substituted by Notification No. F. 4(9) Revenue/ Col./87, dated 3.9.1987 - Rajasthan Government Gazette, Part IV-C, dated 1.6.1989, page 24, for the following:-'No person shall be allowed to bid unless he is a resident of Rajasthan since before 1st April, 1955.']] subject to any other restriction imposed by the Government] and unless he-(i)deposits an earnest money amounting to five per cent of the total reserve price of each plot of land in cash. This earnest money shall be refunded on the spot to the unsuccessful bidder on the conclusion of the [sealed bid] [Substituted by Notification No. F. 4(19) Col./99, dated 9.11.99-Rajasthan Gazette Extraordinary Part IV-C(I), dated 1.4.2000, page 5(3) = 2001 RSCS/Part II/page 88/H. 77 for the expression: 'Auction'.] proceedings on that day; and(ii)declares in writing 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 anywhere in India or if he holds land the total area of the land already held and of the land that he wishes to purchase at the [sealed bid] [Substituted by Notification No. F. 4(19) Col./99, dated 9.11.99-Rajasthan Gazette Extraordinary Part IV-C(I), dated 1.4.2000, page 5(3) = 2001 RSCS/Part II/page 88/H. 77 for the expression: 'Auction'.] shall not exceed the ceiling area.(e)No person shall at any auction retract from his bid and if any dispute arises, the land shall be put up for auction against the last disputed bid.(f)The highest acceptable offer shall be communicated to the Colonisation Commissioner and the sale shall not be complete unless the offer is accepted by the Colonisation Commissioner:Provided that the Colonisation Commissioner shall not without the approval of the Government in Colonisation Department, accept an offer unless it is 15% above the reserve price.(g)The State Government in the Colonisation Department or the Colonisation Commissioner, as the case may be, reserves the right to reject any bid without assigning any reason therefor and to withdraw any lot or lots from [sealed bid] [Substituted by Notification No. F. 4(19) Col./99, dated 9.11.99-Rajasthan Gazette Extraordinary, Part IV-C(I), dated 1.4.2000, page 5(3) = 2001 RSCS/Part II/page 88/H. 77 for the expression: 'Auction'.] at any time without assigning any reasons:Provided that in case of rejection of any bid the Colonisation Commissioner shall also pass an order for the refund of [20%] [Substituted by Notification No. F. 4 (16) Col./99, dated 29.2.2008-Rajasthan Gazette Extraordinary Part IV-C(I), dated 11.3.2008, page 180(1). [w.e.f. 29.2.2008] = 2008 RSCS/Part II/page 605/H. 321, for the following expression: '50%'.] of the purchase price deposited under clause (h) and any other amount which might have been deposited by the bidder towards payment of the purchase price.(h)[ A sum of equivalent of 20% of the purchase price shall have to be deposited in each by the bidder whose bid is to be recommended to the Colonisation Commissioner, immediately at the conclusion of the bid and the balance 80% amount shall be deposited by him in four half yearly instalments with an interest of 12% from the date of approval of the sealed bid. The possession of the land would be handed over the after the approval of the bid by the Commissioner.] [[Substituted by Notification No. F. 4(1) Col./2001, dated 28.11.2004-Rajasthan Gazette, Extraordinary Part IV-C(I), dated 21.2.2005, page 155. = 2006 RSCS/Part II/page 400/H. 231, for the following expression:'(h) A sum equivalent to fifty percent of the purchase price shall have to be deposited in cash by the bidder whose bid is to be recommended to the Colonisation Commissioner immediately at the conclusion of the bid and the balance shall be deposited by him in two equal half yearly instalments with an interest of 12 per cent from The date of auction. Possession of the land would be handed over after the one instalment has been deposited.']](i)Should any purchaser fail to observe or comply with any of the foregoing conditions his deposit shall be forfeited to the State Government and the Colonisation Commissioner may have the land resold by a public [sealed bid] [Substituted by Notification No. F. 4(19) Col./99, dated 9.11.99-Rajasthan Gazette Extraordinary, Part IV-C(I), dated 1.4.2000, page 5(3) = 2001 RSCS/Part II/page 88/H. 77 for the expression: 'Auction'.] and any deficiency of the price which may result on such re-sale shall be made good and paid by the defaulting purchaser.(j)If it is discovered at any time that the declaration referred to in sub-clause (ii) of clause (b) is false or if the purchaser fails to cultivate the land personally, the entire land sold may be resumed by the Allotting Authority without payment of any compensation.(k)[ If at any time any Government land sold as uncommand 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 uncommand/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 uncommand land, whichever is higher, along with interest @ 12% per annum from the date of sale of uncommand land and up to the date of paying the difference amount of command land, less the price which he has already paid for the uncommand/barrani land.] [Inserted 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(1). = 2007 RSCS/Part II/page 477/H. 441.]
