Section 12A in The Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975
12A. [ Allotment of land to Ex-Servicemen.] [Added by Notification dated 30.01.1978 - Rajasthan Government Gazette, dated 25.05.1978.]
- Notwithstanding anything contained in these rules, allotment of land to ex-servicemen shall be made in the following manner:-(i)Allotment of Government land to Ex-Servicemen shall be made out of the land reserved for the purpose under Rule 6 of these rules.(ii)The Colonisation Commissioner keeping in view of the availability of land may, from time to time decide to invite applications from the Ex-Servicemen according to the priorities as laid down under Rule 7 for the landless persons through the Collector of the district.(iii)The public notice for such applications shall be issued under the signature of the Colonisation Commissioner or any other officer authorised by him, inviting applications for allotment within the time fixed therein, which shall not be less than 30 days from the date of such notice, or within such time as may be extended from time to time.(iv)Copies of such notice shall be affixed at the following places for wide publicity namely:-(a)Notice Board of the Colonisation Commissioner,(b)Notice Board of the Collector of the District,(c)Notice Board of the Secretary, Soldiers, Sailors and Air-men's Board of the district.(v)An Ex-Servicemen desiring allotment of land shall submit his application for allotment in triplicate in form XIV to the Collector of the district along-with an affidavit that he is an Ex-Servicemen under these rules, who shall immediately register it in a register maintained by him in form XV and issue to applicant receipt in form XVI. The application so submitted shall be verified by the applicant as plaint according to the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) and the affidavit, containing true and correct factual information as required in the application shall be verified by a magistrate or an Oath Commissioner.(vi)The Collector of the district shall scrutinise the application and the affidavit annexed thereto and shall conduct or get conducted such enquiry as he may consider necessary for finding the true state of facts mentioned in the application. Thereafter, he shall prepare his report in form XVII.(vii)The Collector of the district shall send two copies of the application along-with report in form XVII to the Colonisation Commissioner who shall keep one copy of the application in his office and forward the other copy with report in form XVII to the concerned Allotting Authority for allotment of land. The Allotting Authority shall register such application in the register to be maintained by him in form XV. The Allotting Authority, after satisfying himself about the eligibility of the applicant shall allot each applicant Government land to the extent provided in sub-rule (2) of Rule 5 out of the area reserved for such applicant on the terms and conditions as laid down in these rules.[x x x] [[Following words deleted by Notification No. F. 4(11) Revenue/Col./83, dated 05.10.1983 - Rajasthan Government Gazette, Extraordinary, Part IV-C, dated 13.10.1983, page 187:-'When there are more than one applicant in any priority, allotment shall be made by drawal of lots which shall be in the manner provided in clause (d) of sub-rule (5) of rule 13 of these rules.']][(vii-A) when there are more than one applicant, allotment shall be made by drawl of lots in the following manner:- [Added by Notification No. F. 4(11) Revenue/Col./83, dated 05.10.1983 - Rajasthan Government Gazette, Extraordinary, Part IV-C, dated 13.10.1983, page 187.](a)the Colonisation Commissioner shall prepare a list of persons whose applications have been received within time and who fulfil the eligibility condition for allotment of land under these rules;(b)the number of persons to whom land may be allotted will be determined by the Allotting Authority on the basis of total area of land available for allotment divided by 25;(c)lots will be drawn by the Allotting Authority from amongst applicants found eligible under clause (a) above, to select the persons eligible for allotment of land equal to the number determined under clause (b) above. In the same draw of lots, additional persons equal to 25% of the number of persons determined under clause (b) above, shall be selected and arranged in the order, in accordance with the result of the drawl of lots and be kept on the waiting list. The waiting list shall remain valid till the land available for allotment is exhausted;(d)in case the land available for allotment exceeds the requirement of the land to be allotted to persons declared successful on the basis of the draw of lots, persons from the waiting list in their respective order may be considered for allotment of land;(e)the applicants declared successful and entitled to allotment of land under clauses (c) and (d) above, will be arranged in homogeneous groups on the basis of tehsils, districts and regions to which they belong;(f)compact area of land, out of total area available for allotment, commensurate with the requirement of each group formed under clause (c) shall be set apart for each such group and the allotment of land to each person belonging to the same group shall be made in the area thus set apart on the basis of separate draw of lots held amongst persons belonging to such group.][(vii-B) All allotments of Government land under this rule shall be made by the Allotting Authority in consultation with the Advisory Committee consisting of the following members, namely:- [Inserted by Notification No. F. 4(11) Revenue/ Col./83, dated 23.8.1984 - Rajasthan Government Gazette, Part IV-C, dated 13.9.1984, page 253.](a)Member of the Rajasthan Legislative Assembly in whose Constituency the land proposed to be allotted is situated,(b)Sarpanch of the Gram Panchayat in whose jurisdiction such land is situated,(c)Secretary of the Zila Sainik Board concerned,(d)A representative of the Director-General of Re-settlement as nominated by him, and(e)Colonisation Tehsildar of the Tehsil in which the land is situated.(f)[ Sub-Divisional Officer of the concerned sub-division as a representative of District Collector]The provisions of Rule 13 will apply mutatis mutandis to this advisory committee to the extent they are not provided in this rule.](viii)Separate lists of persons whose applications have been granted or rejected shall be affixed forthwith on the Notice Board of the Colony Tehsil or Revenue Tehsil in whose jurisdiction the land is situated. Such publication shall be deemed to be sufficient notice to the applicants of the orders passed on the applications.(ix)The Allotting Authority shall issue allotment order in form XII, a copy of which shall be sent o the allottee, Colonisation Tehsildar, Collector of the district and the Colonisation Commissioner.(x)The Ex-Serviceman, who has been allotted land under rules, shall take possession of the land within one month from the date of receipt of allotment order in form XII. In case of his failure to take possession of the land within the said period the allottee shall be deemed to have declined the allotment and the land shall thereafter, be available for re-allotment to any other Ex-Serviceman under these rules.(xi)The Colonisation Tehsildar shall handover possession of the allotted land to the allottee and issue a certificate to that effect to the allottee. A copy of the certificate shall also be forwarded to the Allotting Authority, Collector of the district and the Colonisation Commissioner.
