State of Rajasthan - Act
The Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1973
RAJASTHAN
India
India
The Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1973
Rule THE-RAJASTHAN-IMPOSITION-OF-CEILING-ON-AGRICULTURAL-HOLDINGS-RULES-1973 of 1973
- Published on 31 January 1973
- Commenced on 31 January 1973
- [This is the version of this document from 31 January 1973.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In these rules, unless the context other-wise requires,3. Form and particulars of return.
4. [ Mode of furnishing return. [Rules 4 to 21 (except Rules 4A, 6, 12A and 19A) inserted by Notification No. F. 6(9) Revenue/B/64, dated 27-4-1973, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 27-4-1973, page 5 to 22.]
- The return or additional particulars under section 10 or section 11 of the Act shall be furnished by the land holder or the tenant himself. If the land holder or the tenant is a minor, a lunatic or is subject to any other such disability, or is an dot or a religious or charitable institution, the return or additional particulars under the said sections shall be furnished by the guardians, trustee or manager, as the case may be, of such land holder or tenant.]4A. [ Constitution of Committee. [Inserted by Notification No. F. 7(58) Revenue/Gr. 4/75, dated 1-11-1975, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 2-11-1975, page 441 to 449.]
- The State Government shall, by notification in the Official Gazette, constitute a committee for each [tehsil] in the State for performing the functions of the Committee under these Rules:5. Verification of the returns.
6. Collection of information.
6A. [ Form of return or supplementary return under section 11-A. [Inserted by Notification dated 8-6-1975.]
7. Form and particulars of a draft statement.
- The draft statement required to be prepared by the Authorised Officer under section 12 of the Act shall be prepared and contain the particulars specified in Form 4.8. Final statement and its publication.
- The final statement under section 13 of the Act shall be prepared in Form 5 and shall be served on the person concerned and shall also be published for information of the general public by affixing a copy of it on the notice board of the office of Authorised Officer and of the Tehsildar within whose jurisdiction the land or its major portion is situate.9. Form of declaration.
10. Statement of claim for the amount of acquisition.
- A Statement of Claim for the amount of acquisition under sub-section (2) of section 19 of the Act shall be submitted to the Authorised Officer in Form 6. As many copies of the statement of claim shall be submitted as there are tehsils in which the vested lands are situate.11. Manner of submission.
- A statement of claim under sub-section (2) of section 19 of the Act may either be submitted to the Authorised Officer in person or through the authorised agent or may be sent by registered post under acknowledgment due.12. Enquiry by Authorised Officer.
- The Authorised Officer shall upon receipt of the statement of Claim under sub-section (2) of section 19 of the Act. send a copy of the statement to the concerned Tehsildar for verification and report and he shall also issue a notice in Form 9 inviting objections against Statement of Claim within one month.12A. Mode of determination of gross produce.
- [x x x] [Omitted by Notification No. F. 7(10) Revenue/Gr. 4/81-50, dated 9-9-1981, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 24-9-1981.].13. Mode of payment of the amount of acquisition.
- The amount of acquisition determined as payable to a person under sub-section (4) of section 19 of the Act shall be paid in the following manner.-| (a) | When the amount payable is less than five hundred rupees. | Entire amount will be paid in cash. |
| (b) | When the amount payable is five hundred rupees or more but isless than five thousand rupees. | The entire amount will be paid in[cash] [Substituted by Notification dated 24-6-1976.]divided in fiveequal annual instalments. |
| (c) | When the amount payable is five thousand rupees or more. | The entire amount will be paid in[cash] [Substituted by Notification dated 24-6-1976.]divided in ten equalinstalments. |
14. Claim by transferee for refund of consideration money.
- A transferee of land who claims refund of price paid by him to the transferor from out of the amount of acquisition under sub section (4) of section 16 of the Act may make an application in duplicate to the Authorised Officer in Form 10 for the said purpose.15. Notice to transferor and disposal of objections.
- On receipt of an application in Form 10 the Authorised Officer shall give notice of the application in Form 11 to the transferor and after giving the transferor an opportunity of being heard, he shall pass appropriate orders on the application of the transferee.16. Claim by encumbrance holder.
- An encumbrancer holder who claims utilization of the amount of acquisition payable to a person under section 19 of the Act in discharge of an encumbrance existing in his favour on land vesting in the State Government under section 20 of the Act may make an application to the Authorised Officer in Form 12 for the said purpose.17. [ Allotment of vested surplus land. [Substituted by Notification No. F. 7(1) Revenue/Gr. 4/80, dated 13-3-1981, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 13-3-1981, page 221 to 224 [13-3-1981].]
18. Price of land allotted.
| (a) | If the price of land is Rs. 500/- or less | [In four equal[annual] [Substituted by Notification No. F. 7(58) Revenue/Gr. 4/75, dated 23-9-1975, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 23-9-1975, page 303 to 309.]instalments] |
| (b) | If the price of land exceeds Rs. 500/- but does not exceed Rs.5.000/- | in five equal annual instalments. |
| (c) | If the price of the land exceeds Rs. 5,000/- | In ten equal annual instalments. |
19. Tenure.
- On payment of full price of land by an allottee, his allotment shall be on Khatedari tenure and he shall become entitled to all the rights and subject to all the liabilities of a khatedari tenant under the Rajasthan Tenancy Act, 1955.20. Liability to pay rent.
- The allotment of land shall be subject to the payment of rent at sanctioned rent-rate applicable to the land:Provided that if the existing assessment of the land is as the rate applicable to uncultivated land, the allottee shall have to pay rent at the lowest class of cultivated land to which the land will belong.20A. [ Other conditions of allotment. [Inserted by Notification No. F. 7(58) Revenue/Gr. 4/75, dated 1-11-1975, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 2-11-1975, page 441 to 449.]
- [x x x] [Substituted by Notification No. F. 7(1) Revenue/Gr. 4/8,29 dated 22-5-1981, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 22-5-1981, page 37 to 39 [22-5-1981].].21. Price of improvements and trees.
- In addition to the price payable under rules, 18, the allottee shall also be liable to pay' such price for an improvement existing on the land as may be determined by the Authorised Officer as well as the price for the trees growing thereon at the rate prescribed for the purpose in section 80 and 81 of Rajasthan Tenancy Act, 1955.22. [ Appeals. [Inserted by Notification No. F. 7(58) Revenue/Gr. 4/75, dated 1-11-1975, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 2-11-1975, page 441 to 449.]
- Appeals from orders passed under these rules shall be governed by the provisions of section 23.]Form 1Form of return under section 10 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973.To,The Authorised Officer..............Sub-Division.................DistrictSir,As required by section 10 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, I furnish the following return in respect of land held by me and by members of my family on the date of commencement of the said Ordinance.Yours faithfully.Signatures..............Address.........................................Part A – Particulars of land held on the date of commencement of the Ordinance.
| S. No. | Name of the person furnishing the return alongwith his parentage, age and address | Name of village along with name of Tehsil &District where land is situate | Tenure | Khewat & Khasra Nos. of the land alongwitharea in acres of each Khewat & Khasra No. | Total area in acres | Soil class recorded in current annual register |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Whether cultivated personally or let or sublet.If let or sublet, name (a) parentage and ad-dress(es) oftenant(s) of sub- tenant(s) with class and period of lease orsub-lease. | Name, parentage and addresses of cosharers orco-tenants, if any, with extent of share | Particulars of encumbrances if any, nature ofencumbrances. Khasra Nos. Area, soil class, and rent/land revenueof land to which encumbrances attach. | Area in acres of the land under assuredirrigation capable of growing at least 2 crops in a year | Area in acres and Khasra No. of the land underassured irrigation capable of growing atleast one crop in a year | Area in acres and Khasra No. of the land underorchards existing at the commencement of the Act. | Area in acres and Khasra No. of the land notfalling within categories 11. 12 & 13 and falling indifferent zones specified in the Schedule (To be shown separatelyfor each zone) |
| (8) | (9) | (10) | (11) | (12) | (13) | (14) |
Part B – Particulars of family members
My family consists of..................persons as shown below:-| Husband | Wife | No. of children, names and ages | Address | Total | Particulars of land held by family members |
| (1) | (2) | (3) | (4) | (5) | (6) |
Part C – Particulars of transfers made on or after 26th September, 1970 upto the date of filling of the return
| S. No. | Date of transfer | Khasra Nos. and area transferred | Name, parentage and address of the transferee | Relationship with the transferee | Nature of transfer | Consideration Money, if any received | Whether registered, and if so, date ofregistration and name of office of Registrar or Sub-Registrar | Area of land held by transferee 011 the date oftransfer |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
Part D – Particulars of land for which exemption is claimed
| Specific clause of section 22 under whichexemption is claimed. | Area in acres of the land for which exemption isclaimed. | Name of the village with Tehsil in which the landis situate. | The date on with co-operative agriculturalsociety was registered | Total membership of the co-operative agriculturalsociety | Total area held by cooperative agriculturalsociety |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Name of member with area of each member | Whether the total land held by individual memberincluding his share in co-operative agricultural society exceedsthe ceiling area applicable to him | How the land was acquired by the bank | The date on which religious or charitable trustor wakf or gaushala was created registered or founded | Whether the entire income of land is appropriatedto educational or research institution |
| (7) | (8) | (9) | (10) | (11) |
| S. No. | Name of village, tehsil & district | Khasra Number | Areas in acres | Soil class recorded in current annual registers. | Areas in acre of the land under assuredirrigation capable of growing at least two crops in a year | Area in acres capable of growing at-least onecrop in a year | Area in acres under orchard existing on 23-7-72. | Area in acres of land and falling in columns 6 to8 and falling in different zones specified in the Schedule (to beshown separately for each zone) |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
Part F – Particulars of surplus land proposed to be surrendered
| S. No. | Name of village, tehsil & district | Khasra Number | Areas in acres | Soil class recorded in current annual registers. | Areas in acre of the land under assuredirrigation capable of growing at least two crops in a year | Area in acres capable of growing at-least onecrop in a year | Area in acres under orchard existing on 23-7-72. | Area in acres of land and falling in columns 6 to8 and falling in different zones specified in the Schedule (to beshown separately for each zone) |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
1. Particulars of holdings.- The particulars given in the return by Shri ................ are/are not correct. The correct particulars of land are as follows:-
2. Members of family.- The particulars given about members of family are not correct. Particulars of members of the family are given below:
3. Particulars of transfers made on or after 26-9-1970 are/are not correct. The correct particulars of transfers are given below:
4. Remarks, if any.
Tehsildar,......... Tehsil[Form 1-A] [Inserted by Notification No. F. 7(58) Revenue/Gr. 4/75, dated 23-9-1975, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 23-9-1975, page 303 to 309.][See Rule 6A(2)]Form of Supplementary ReturnToThe Authorised Officer,.........Sub-Division,..................DistrictSir,As required by section 11A of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, I furnish the following supplementary return in respect of land held by me and by members of my family on the date of commencement of the Act and which has not been shown in the return submitted by me under section 10 or section 11 of the said Act.Yours faithfully..................(Signature)Name............Address.........DatedPart 'A' Particulars of return on which the supplementary return relates.| 1. | Date of filing return ceiling case number and year | |
| 2. | Date of issuing draft-statement | |
| 3. | Date of deciding objections to the draft statement | |
| 4. | Date of issue of final statement | |
| 5. | Particulars of first appeal, if any, filed. If so, with whatresult. | |
| 6. | Particulars of second appeal, if any filed. If so, with whatresult. |
| S. No. | Name of village, tehsil & district | Khasra Number | Areas in acres | Soil class recorded in current annual registers. | Areas in acre of the land under assuredirrigation capable of growing at least two crops in a year | Area in acres capable of growing at-least onecrop in a year | Area in acres under orchard existing on 23-7-72. | Area in acres of land and falling in columns 6 to8 and falling in different zones specified in the Schedule (to beshown separately for each zone) |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| 1. | Name of the person whose ceiling area is to be determined. | |
| 2. | Parentage | |
| 3. | Age | |
| 4. | Address | |
| 5. | Number of members of his family | |
| 6. | Name of members of family | |
| (1) ...................... | ||
| (2) ...................... | ||
| (3) ...................... | ||
| (4) ...................... | ||
| (5) ...................... | ||
| (6) ...................... | ||
| 7. | Name of the village or villages in which the land is situatedalongwith the name of Tehsil and district | |
| 8. | Area of land under assured irrigation capable of growing atleast two crops in a year | |
| 9. | Area of land under assured irrigation capable of growing atleast one crop in a year | |
| 10. | Area of land under orchards existing on 23-6-1972. | |
| 11. | Area of dry land showing the zone or zones in which they aresituated. (Land in each zone to be shown separately) | |
| 12. | Ceiling area applicable to the person | |
| 13. | Particulars of lands selected to be kept within the ceilinglimit. | |
| 14. | The areas and particulars of land selected for separate unit. | |
| 15. | The area and particulars of land to be declared surplus. | |
| 16. | The names of person including transferee from whose possessionthe surplus land is to vest in the State Government. |
| 1. | Name of the person whose ceiling area is determined | |
| 2. | Parentage | |
| 3. | Age | |
| 4. | Address | |
| 5. | Number of members of his family | |
| 6. | Name of members of his family:- | |
| 1................ | ||
| 2................ | ||
| 3............... | ||
| 4............... | ||
| 5............... | ||
| 6............... | ||
| 7. | Name of the village and villages in which the land is situatedalongwith the name of Tehsil and District. | |
| 8. | Area of land under assured irrigation capable of growing atleast two crops in a year | |
| 9. | Area of land under assured irrigation capable of growing atleast one crop in a year | |
| 10. | Area of land under orchards existing on 23rd June, 1972. | |
| 11. | Area of dry land showing the zone or zones in which they aresituated(land in each zone to be shown separately) | |
| 12. | Ceiling area applicable to the person | |
| 13. | Particulars of lands selected to be kept within the ceilinglimit | |
| 14. | The area and particulars of lands selected for separate unit | |
| 15. | The area and particulars of land to be declared surplus | |
| 16. | Particulars of encumbrances | |
| 17. | The names of person including transferee from whose possessionthe surplus land is to vest in the State Government. |
| Khata No. | Khasra No. | Area | Situated in village(Also mention Tehsil andDistrict) |
| Khata No. | Khasra No. | Area | Situated in village(Also mention Tehsil andDistrict) |
| Khata No. | Khasra No. | Area | Situated in village(Also mention Tehsil andDistrict) |
| 1. | Name | |
| 2. | Parentage | |
| 3. | Address of the claimant | |
| 4. | Name(s) of village(s) in which vested lands are situated withname(s) of Tehsil(s) | |
| 5. | Khewat Numbers, if any | |
| 6. | Khasra Number | |
| 7. | Whether irrigated or un-irrigated | |
| 8. | Exact area of the land that has vested in the State Government | |
| (a) Nahari land | ||
| (b) "Chain" land | ||
| (c) Dry (Barani) land in | ||
| (i) FertileZone | ||
| (ii)Semi-Fertile Zone | ||
| (iii) HillyZone | ||
| (iv)Semi-Desert Zone | ||
| (v) DesertZone | ||
| (vi) Grossproduce | ||
| (vii) Fairrent of different kinds of lands vested in the State Government | ||
| 9. | Arrears of rent or land revenue outstanding | |
| 10. | Complete particulars of dues outstanding in favour of theState Government | |
| 11. | Full particulars of encumbrances existing on lands vesting inthe State Government | |
| 12. | Full particulars of encumbrances existing on lands retained bythe claimant | |
| 13. | Area and particulars of land surrendered from the possessionof the claimant | |
| 14. | area and particulars of surplus land recovered from thepossession of the transferee | |
| 15. | The price paid by the transferee for the land or portionthereof recovered from him | |
| 16. | Amount of acquisition claimed | |
| 17. | Remarks, if any |
1. Name of villages with name of the Tehsil
2. Khewat number, if any
3. Khasra No.
4. Area
5. Classification of land
Given under my hand and the seal of my office on this the.............. day of......Signature of the Authorised Officer[Form No. 10] [Forms 3 to 12 added by Notification No. F. 6(9) Revenue/B/64, dated 27-4-1973, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 27-4-1973, page 5 to 22.](See Rule 14)Form of application by a transferee for refund of consideration moneyToThe Authorised Officer..........................................Sir,In accordance with the provisions of sub-section (4) of Section 16 of the Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973, I hereby apply for payment to me the amount of consideration money paid by me for the land transferred to me by the Shri................. S/o................ resident of village.................. which transfer has not been recognised under section 6 of the said Act and which land has not been declared surplus and recovered by the State Government from my possession.Necessary particulars are given below:| 1. | Name, parentage, address of the transferor | |
| 2. | Name, parentage and address of the transferee (applicant) | |
| 3. | Date of transfer | |
| 4. | Nature of transfer | |
| 5. | Particulars of land transferred | |
| (i) Name of village with name of Tehsil | ||
| (ii) Khewat Number, if any | ||
| (iii) Khasra Number | ||
| (iv) Area in acres | ||
| (v) Acquisition of land | ||
| (vi) Rent payable | ||
| 6. | The full particulars of transfer deed with name of office atwhich registered and date of registration | |
| 7. | Area and full particulars of land transferred which has vestedin State Government. | |
| 8. | Area and full particulars of surplus land which has beenrecovered from the possession of the transferee. | |
| 9. | Consideration amount paid by the transferee to the transferor. | |
| 10. | Portion of land recovered from the transferee out of the landtransferred to him | |
| 11. | The amount of consideration for which refund is claimed by thetransferee. |
1. Kind of encumbrance
2. Date of encumbrance
3. Particulars of document creating en cumbrance with date
4. Amount due on the basis of encumbrance
5. Amount claimed out of the amount of acquisition for the encumbrance
6. Remarks, if any
| Place | Signature of the applicant |
| Date..... | Address............................ |
| 1. | Name, parentage and address of allottee | ||
| 2. | Date and time of receipt of application | ||
| 3. | Date of order of allotment | ||
| 4. | Particulars of land allotted: | ||
| (a) | Name of village | ||
| (b) | Khasra numbers | ||
| (c) | Area in Bighas/Acres | ||
| (d) | Soil class | ||
| (e) | Means of irrigation, with details | ||
| (f) | Annual rent payable | ||
| (g) | Price of land, wells, permanent structures, trees charged | ||
| (h) | Whether the price has been paid in a lump sum or is to be paidin instalments, and if the latter, the number and amount ofinstalments and date of payment, with interest at two and a halfper cent per annum. |