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State of Rajasthan - Section

Section 2 in The Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975

2. Interpretation.

(1)In these rules, unless there is anything repugnant to the subject or context:-
(i)"Act" means the Rajasthan Colonisation Act, 1954 (Rajasthan Act 27 of 1954);
(ii)"Advisory Committee" means a Committee Constituted by Rule 13;
(iii)"Agricultural Graduate" means a landless person who is a graduate or a post-graduate in agriculture or agricultural engineering [from any University in India] [Substituted by Notification dated 06.07.1976 - Rajasthan Government Gazette, dated 15.07.1976.] and who is unemployed;
[(iv-A) "Beneficiary of the Integrated Rural Development Programme" means a person who has been identified as being below the subsistence level and included in the Integrated Rural Development Programme and certified as such by the Collector or his authorised representative.] [Inserted by Notification No. F. 4(25) Revenue/Col./77, dated 10.11.1982 - Rajasthan Government Gazette, Part IV-C, dated 25.11.1982, page 525.]
(v)"Bhakra Landless Person" means a landless person as defined under sub-rule (vi) of Rule 2 of the Rajasthan Colonisation (Bhakra Project Government land allotment and sale) Rules, 1955 who will be declared eligible for allotment of land under those rules but who could not be allotted land in the Bhakra Project area;
(vi)"Ceiling area" shall have the same meaning as is assigned to that expression by clause (d) of section 2 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973;
(vii)"Colonisation Commissioner" means an Officer appointed by the State Government as such and shall include any other Officer appointed by it to exercise the powers and perform the functions of the Colonisation Commissioner;
(viii)"Colonisation Tehsil" and "Colonisation Tehsildar" shall respectively mean the area declared as such and an officer appointed as such for that area by the State Government and shall, where Colonisation operations have been closed, respectively include the concerned revenue tehsil and the Tehsildar appointed in relation thereto under section 20 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act No. XV of 1956);
(ix)"Command Land" and "Un-commanded Land" shall respectively mean land shown as such by the Irrigation Department of the State Government in its latest authenticated command arid un-command statement with reference to any area of the Indira Gandhi Canal Colony;
[(ix-a) "Ex-Serviceman" shall mean a landless person, other than a commissioned officer, who has been discharged from the Armed Forces of India after rendering at least 5 years service but shall not include such person who has been discharged on disciplinary grounds.] [Notification dated 30.01.1978 - Rajasthan Government Gazette, dated 25.05.1978.]
(x)"Form" means form annexed to these rules;
[(x-a) "Index price" means the market value of the land determined, from time to time, by the District Level Committee constituted under the provisions of the Rajasthan Stamp Rules, 1955 with respect to the land of similar soil class for the area in which the land to be allotted is situated.] [Inserted by Notification No. F. 4(10) Col./95, dated 05.05.1999 - Rajasthan Government Gazette, Extraordinary, Part IV-C(I), dated 19.05.1999, page 29(10), w.e.f. 19.05.1999 = 1999 RSCS/Part II/ page 418/H. 353.][ [(x-b)] [Added by Notification No. F. 4(25) Revenue/Col./77, dated 10.11.1982 - Rajasthan Government Gazette, Part IV-C, dated 25.11.1982, page 525.] "Integrated Rural Development Programme" means a programme undertaken by the State Government to identify the poorest persons subsisting below the poverty line, as well as the subsistence level, and residing in a rural area, and to provide productive assets and benefits for their economic upliftment.]
(xi)"Joint Family" means an undivided Hindu family and shall include in the case of other persons, a group or unit of the members of which are by custom or usage joint in estate or residence;
(xii)"Johar Paitan land" shall mean land recorded as such in the record of right and which has not been converted into culture-able soil class by a competent authority;
(xiii)"Landless Persons" means a person who,-
(i)is a resident of Rajasthan ; and
(ii)has been by profession a bona fide agriculturist or a bona fide agricultural labourer,
having agriculture as the primary source of his income and who either does not hold any land anywhere in India or holds land less than 25 bighas, but it does not include temporary cultivation lease holder:Provided that a person holding continuously since before the 1st day of April, 1955 only barani land in a village may surrender that land in favour of Government free of cost and on acceptance of such surrender, he will also be treated as a landless person of that village, Deleted by [xxx] [[Deleted 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, previous expression was :-'In case he is not allotted any command land within a year of such surrender, he can revoke the surrender of the land made by him.']]:[Provided further that a released 'Sagri' as certified by the Sub-Divisional Officer will also be treated as landless person of that village.Explanation. - For the purpose of this proviso "Sagri" means the bonded labourer as defined in the Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976).] [Added by Notification dated 27.08.1976 - Rajasthan Government Gazette, dated 02.09.1976.][Provided further that the following categories of persons shall not be deemed to be landless persons, namely:-
(a)an employee other than a casual or work charged employee of the Government or of a commercial or industrial establishment or concern, his wife and children dependent on him.
(b)a person who has sold or otherwise transferred the whole or part of the land held by, or allotted to him other than land transferred to or acquired by the Government or statutory bodies and thereby reduces the size of his holding to become landless person.]
[(xiii-A) "Medium Patch" means a piece of land measuring more than 5 bighas of irrigated land and 10 bighas of unirrigated land but not more than 10 bighas of irrigated land and 20 bighas of unirrigatcd land.] [Inserted by Notification No. F. 4(16) Col./99, dated 15.4.2000-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 7.6.2000, page 39(3) =2001 RSCS/Part II/page 243/H. 140.]
(xiv)"Panchayat" and "Panchayat Samiti" shall respectively have the meaning assigned to these expressions by the Rajasthan Panchayat Act, 1953 (Rajasthan Act 21 of 1953) and the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959);
(xv)"Resident of Rajasthan" means a person who is ordinarily residing in Rajasthan ; [for a period of not less than fifteen years excluding the persons who left country without passport at any time or during Indo-Pak wars of 1965 and 1971 but returned to India] [[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 102/H. 117, for the following:-
'since before the 1st day of April, 1955.']] and shall not include a person ordinarily resident of any other State who has been coming to Rajasthan only from season to season for the purpose of cultivation of land;
(xvi)[ "Small Patch" means a piece of land measuring upto [5 bighas of irrigated land and 10 bighas of un-irrigated land] [[Substituted by Notification No. F. 4(16) Revenue/Col./79, dated 25.06.1981 - Rajasthan Government Gazette, Part IV-C, dated 02.07.1981, page 83, for the following:-
'(xvi) 'Small Patch' means a piece of land measuring upto 5 bighas (1.26 hectares);']] ].[(xvi-A) "Stage-I" means all lands in the Indira Gandhi Canal Colony which arc wholly or partially irrigated through distributaries which take off from the main Indira Gandhi Canal between the Harika Barrage and upto a distance of 393 Km. from that Barrage; [Added by Notification No. F. 2(9) Revenue/Col./69, dated 08.02.1982 - Rajasthan Government Gazette, Part IV-C, dated 18.02.1982, page 435.](xvi-B) "Stage-II" refers to the areas of the Indira Gandhi Canal Colony not covered in Stage-I;]
(xvii)[ "Temporary Cultivation lease holder" means a person who is resident of Rajasthan and who has been a bona fide agriculturist by profession and to whom land was granted, in the Indira Gandhi Canal Colony area on a valid temporary lease under the Rajasthan Colonisation (Temporary Cultivation Lease) Conditions, 1955 or to whom land is deemed to have been let out temporarily in such area by virtue of the provisions of any law for the time being in force [xxx] [Substituted by Notification dated 18.11.1978 - Rajasthan Government Gazette, dated 21.12.1978.] or as a temporary lease holder in respect thereof in the land records (including in the relevant revenue records of the former Jagirdars, in case of resumed Jagirs) and who despite the determination of his temporally lease is continuously holding over such land by payment and acceptance of rent and is cultivating it personally up to the extension of these rules to any area of the Indira Gandhi Canal Colony;]
(xviii)"Tenure land", "Tenure khata" and "Tenure tenant" shall respectively mean land held under Khatedari rights of land allotted on a permanent basis, a khata comprising such land and a person holding such land under any of the aforesaid rights.
(2)Words and expressions defined in the Act or in the Rajasthan Colonisation (General Colony) Conditions, 1955 shall, wherever used in these rules but not defined, be construed to have the meanings assigned to them in the said Act or the said Conditions.