State of Rajasthan - Act
The Rajasthan Colonisation (Bhakra Project Government Land Allotment and Sale) Rules, 1955
RAJASTHAN
India
India
The Rajasthan Colonisation (Bhakra Project Government Land Allotment and Sale) Rules, 1955
Rule THE-RAJASTHAN-COLONISATION-BHAKRA-PROJECT-GOVERNMENT-LAND-ALLOTMENT-AND-SALE-RULES-1955 of 1955
- Published on 15 December 1955
- Commenced on 15 December 1955
- [This is the version of this document from 15 December 1955.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and Commencement.
2. Interpretation.
- In these rules, unless there is anything to the contrary in the subject or context:-3. Terms of Allotment.
4. Cancellation of old leases.
- With effect from the date of commencement of these Rules all undermentioned classes of leases of Government land in the project area given before the said commencement shall be deemed to have been terminated and all lands leased out thereunder shall revert to the Government with effect from 15th June, 1955 :-5. Procedure for Allotment.
- The allotting authority may, from time to time, fix such time and dates as it may deem proper during which it shall take up allotment of Government lands situated in the area or received for any specific purpose or class of persons or tenants and such dates may be different for different areas or different purposes or different classes of persons or tenants.6. [Public Notice by Allotting Authority] [Added by Notification No. F. 22 (6) Revenue/Col./65, dated 21.10.1967-Rajasthan Gazette Part IV(C), dated 23.11.1967.].
- The Allotting Authority shall give public notice of the dates fixed by it under Rule 5 in the following manner:-7. [Application for allotment of land] [Added by Notification No. F. 22 (6) Revenue/Col./65, dated 31.10.1967-Rajasthan Gazette Part IV(C), dated 12.11.1967.].
- [(1)] [Rule 7 renumbered as sub-rule (1) and sub-rule (2) added by Notification No. F. 4(2) Col./99, dated 11.9.2002 -Rajasthan Gazette Part IV-C(I), dated 19.9.2002, page 20. = 2002 RSCS/Part II/page 791/H. 620.] Within one month from the date of the issue of a notice under Rule 6, any person entitled to allotment of Government land on permanent basis under these rules may submit to the Colony Tehsildar of the area an application in writing for such allotment and the Colony Tehsildar shall, after making necessary enquiries as to the rights of the applicant for allotment under these rules, submit within one month from receipt thereof all applications with his report on each of them to the Allotting Authority through the [Deputy Colonisation Commissioner] [Substituted by Notification No. F. 7 (142) Irg./61, dated 13.11.1964-Rajasthan Gazette, Extraordinary, Part IV(C).] of the area concerned [or such other officer as the Government or the allotting authority may, with the previous sanction of the Government from time to time appoint in this behalf.] [Added by Notification No. F. 6 (77) Revenue B./55, dated 25.05.1956-Rajasthan Gazette, Part IV(C), dated 23.06.1956.]7A. [ Rejection and appeal. [Added by Notification No. F. 6 (77) Revenue B./54, dated 31.05.1958-Rajasthan Gazette, Part IV(C), dated 31.07.1958.]
- The applications of persons not found eligible to allotment of land shall be rejected by the [Deputy Colonisation Commissioner] [Added by Notification No. F. 4(10) Revenue/Col./75, dated 27.12.1982-Rajasthan Gazette Extraordinary Part IV(C), dated 11.01.1983, page 333.], Any person aggrieved by an order of such officer may within 30 days of such order prefer an appeal to the Commissioner whose decision thereon shall be final.]8. Disclosure of certain information.
9. Examination of Patels and Patwaris.
- For purposes of verifying the information furnished by the applicant and to ascertain whether or not he is landless tenant or he has any tenure land held under Khatedari, Mauroosie, or Proprietary rights, at any place in the Project area or [any other place in Rajasthan] [Added by Notification No. F. 6 (77) Revenue B./55, dated 25.05.1956-Rajasthan Gazette, Part IV(C), dated 23.06.1956.] and whether or not he is a resident of any particular area, the allotting authority or the Colony Tehsildar [or Naib Tehsildar duly authorised by the allotting authority in this behalf] [Added by Notification No. F. 6 (77) Revenue B./55, dated 25.05.1956-Rajasthan Gazette, Part IV(C), dated 23.06.1956.] may record statement on oath of any local Patel or Patwari of the village in which the applicant resides or cultivates any land or in which the land to be allotted is situated, [or of any person whose evidence is considered necessary.]10. [ Status of Joint Family. [Added by Notification No. F. 22 (6) Revenue/Col./65, dated 21.10.1967-Rajasthan Gazette Part IV(C), dated 23.11.1967.]
- A joint family shall for the purposes of existing holdings and of allotment of land under these rules shall be deemed to be one person and dealt with accordingly, [and all lands held jointly or severally] by various members of the joint family under different Khatas of the same or different classes of tenures shall be deemed to be held by the whole family jointly].10A. [ [Status of Co-partner] [Added by Notification No. F. 6 (77) Revenue B./55, dated 25.05.1956-Rajasthan Gazette, Part IV(C), dated 23.06.1956.].
- When a Khata is held jointly by two or more persons, for purposes of computing areas held by each co-partner or areas to the allotment of which each of them is eligible, such co-partner shall be deemed to be in possession of such area of the joint Khata only as falls to his share.]11. [Computation of areas.] [Added by Notification No. F. 22 (6) Revenue/Col./65, dated 21.10.1967-Rajasthan Gazette Part IV(C), dated 23.11.1967.]
- Where both commanded and un-commanded or Barani lands are held by or allotted to the same person, one bigha of commanded land shall for the purpose of determining the area so held or allotted, be deemed to be equivalent to three bighas of uncommanded or Barani land. [Barani lands held outside the project area shall be taken into consideration while computing areas held by a person but no commanded land lying within the project area shall be exchanged or be allotted in exchange, for such Barani lands held outside the project area.] [Added by Notification No. F. 6 (77) Revenue B./55, dated 25.05.1956-Rajasthan Gazette, Part IV(C), dated 23.06.1956.]12. [Principles to be followed in making allotment] [Added by Notification No. F. 22 (6) Revenue/Col./65, dated 21.10.1967-Rajasthan Gazette Part IV(C), dated 23.11.1967.].
- While allotting Government lands as far as possible small blocks of lands scattered over the village will be first disposed of either to their present temporary' cultivation lease holders of the same or adjoining villages or to other landless tenants and after these smaller blocks are disposed of allotment of lands of larger blocks will be next taken up in continuity from one end of each block of Government land so that compact blocks of allotted and unallotted lands may be maintained and creation of pockets of allotted lands within blocks of unallotted lands and vice versa are, as far as possible avoided.13. Persons eligible to allotment of Government lands.
13A. [ Regularisation of certain cases of trespassers. [Inserted by Notification No. F. 4(2) Col,/99, dated 26.11.2004-Rajasthan Gazette, Extraordinary Part IV-C(I), dated 31.1.2005, page 141(11) = 2006 RSCS/Part II/page 8/H. 7.]
| For payment of the whole price in one lump-sum atthe time of allotment. | Persons belonging to the SC/ST Beneficiary of the/IRDP/Displaced Agriculturists/ Displaced landlessAgriculturists/ Released Sagri | Others |
| 15% | 10%] |
14. Persons not eligible to allotment of Government lands.
- No allotment of Government land shall be made to any of the following classes of tenants notwithstanding their being in possession of the land under a temporary cultivation lease:-[x x x] [Omitted by Notification No. F. 6 (77) Revenue B./55, dated 25.05.1956-Rajasthan Gazette, Part IV(C), dated 23.06.1956.]15. [ [Allotments to landless Displaced Persons] [Substituted by Notification No. F. 6 (77) Revenue B./55, dated 25.05.1956-Rajasthan Gazette, Part IV(C), dated 23.06.1956.].
- Displaced person who are landless tenants, whether residing in the project area or at any other place in Rajasthan, if eligible for allotment of lands under this rules should as far as possible be allotted evacuee lands available in the project area. Where such lands are not available, such displaced persons may, on production of a certificate of non-availability of evacuee lands duly issued by the Settlement Officer (Evacuee Property) Sri Ganganagar be allotted lands out of Government lands in accordance with the order of priorities laid down in Rule 13.]16. [ Extent of allotment.] [Substituted by Notification No. F. 6 (77) Revenue B./55, dated 25.05.1956-Rajasthan Gazette, Part IV(C), dated 23.06.1956.]
- All Government lands in the project area whether unoccupied or resumed under Rule 4, shall be allotted to the following different classes of tenants in the scales shown against them:-| (i) | Those cultivating Government lands since 50 before December31, 1947 | 50 Bighas (two Murrabas) of the joint familyconsists of[adult male members] [Substituted by Notification No. F. 6 (77) Revenue B/54, dated 08.12.1956-Rajasthan Gazette, Part IV(C), dated 20.12.1956.]not exceeding five who haveattained the age of 18 years and if the joint family consists ofmore than five[adult male members] [Substituted by Notification No. F. 6 (77) Revenue B/54, dated 08.12.1956-Rajasthan Gazette, Part IV(C), dated 20.12.1956.]an additional area of 15Bighas per head may be allotted to the tenant for each of (headditional Adult male member of the family, who has attained theage of 18 years. |
| (ii) [ [[Substituted by Notification No. F.20(9) Col./98, dated 27.9.2001-Rajasthan Gazette Extraordinary, Part IV-C(I), dated 29.10.2001, page 139(3) = 2002 RSCS/Part II/page 153/H. 138 for the following:'(ii) - Those cultivating Government lands since after 31st December, 1947. - 25 Bighas (One Murraba) if the joint family consists of adult male members not exceeding three who have attained the age of 18 years and if the joint family consists of more than three adult male members an additional area of 15 Bighas per tie ad may be allotted (o the tenant for each of the additional adult male member of the family who has attained the age of 18 years.']] | Those cultivating Government lands since after 31st December,1947. | (a) A temporary cultivation lease holders shallbe allotted land to the extent to which he is eligible underthese rules out of the land comprised in his temporarycultivation lease: |
| Provided that is such lease holder holds suchlease land less than 15 bighas he will seek allotment as alandless person for the balance of land to make up the deficiencyin the extent of land to which he is eligible along-with otherlandless persons. | ||
| (b) If an adult son/adult unmarried daughter ofa temporary cultivation lease holder is eligible for allotment ofGovernment land under these rules and after allotment of land tohis father there remains any surplus land out of the landcomprised in the temporary cultivation lease of the father, suchsurplus land may be allotted to the adult son/ adult unmarrieddaughter to the extent to which he is eligible, in-case, thereare more than one such adult son/adult unmarried daughter, suchsurplus land shall be allotted to them as co-tenants. | ||
| Explanation.- In this sub-rule, the expression "(adultson/adult daughter)" means a son/daughter who has attainedthe age of majority according to the Indian Majority Act, 1875 onor before 1.1.85.] |
| (a) | If the area of tenure lands held by them underor by members of their joint family is 50 Bighas or more. | No Government land shall be allotted out of thearea held by them under temporary cultivation leases. | |
| (b) | If the area of tenure lands held by them underor by members of their joint family is less than 50 Bighas. | So much area of Government land[held by themon temporary lease] [Substituted by Notification No. F. 6 (77) Revenue B./54, dated 31.05.1958-Rajasthan Gazette, Part IV(C), dated 31.07.1958.]only as would bring up. their lands to anaggregate of 50 Bighas (2 Murrabas) for both tenure as well asGovernment lands to be now allotted. |
| (a) | Father | 50 bighas in case he is pre-1947 allottee; |
| (b) | Sons | 25 bighas each: |
| (3) | Landless tenants (other than displaced persons)who are agriculturists by profession and whose main stay of lifeis agriculture but who have no agricultural tenure or temporarycultivation lands in their own name or in the name of any memberof their family and are cultivating lands under tenure tenantswithout having acquired any rights thereon as contemplated inclause (iii) of Rule 14. | [15] [Substituted by Notification No. F. 6 (77) Revenue II/54, dated 29.11.1957-Rajasthan Gazette, Part IV(C), dated 12.12.1957.]Bighas. | [xxx] [Substituted and/or omitted by Notification No. F. 6 (77) Revenue/B/54, dated 04.04.1958-Rajasthan Gazette, Part IV(C), dated 29.05.1958.] | |
| [(3-A) [Added by Notification dated 27.08.1976-Rajasthan Gazette Part IV(C), dated 02.09.1976, page 272.] | Released Sagri | 15 Bighas] | ||
| (4) | Displaced persons who are agriculturists byprofession and whose main stay of life is agriculture but whohave not been allotted any land out of evacuee property lands andin whose favour a non-availability certificate has been issued ascontemplated in Rule 15. | [15] [Substituted by Notification No. F. 6 (77) Revenue II/54, dated 29.11.1957-Rajasthan Gazette, Part IV(C), dated 12.12.1957.]Bighas. | [XXX] [Substituted and/or omitted by Notification No. F. 6 (77) Revenue/B/54, dated 04.04.1958-Rajasthan Gazette, Part IV(C), dated 29.05.1958.] | |
| (5) | Sub-tenants holding less than 25 Bighas ofsub-tenancy lands on which they have acquired a right and fromwhich they are liable to ejectment as contemplated in clause[(iii)] [Substituted by Notification No. F. 6 (77) Revenue B./54, dated 31.05.1958-Rajasthan Gazette, Part IV(C), dated 31.07.1958.]of Rule 14. | So much area of Government land as would bring up thetotal area of their sub-tenancy lands and the Government land tobe now allotted to an aggregate of[5 Bighas] [Substituted by Notification No. F. 6 (77) Revenue B/54, dated 08.12.1956-Rajasthan Gazette, Part IV(C), dated 20.12.1956.]i.e. an area equalto the difference between[15] [Substituted by Notification No. F. 6 (77) Revenue B/54, dated 08.12.1956-Rajasthan Gazette, Part IV(C), dated 20.12.1956.]Bighas and the area of thesub-tenancy lands held by him. | ||
| (6) | Tenure tenants holding Khatas under proprietary,Mauroosie or Khatedari rights who are left with less than 50Bighas of land of their tenure Khata for Khudkasht purposes iftheir sub-tenants not liable to ejectment are allowed to retainlands of their sub-tenancy. | So much area of Government land as would render thearea of his Khudkasht land equal to[15] [Substituted by Notification No. F. 6 (77) Revenue B/54, dated 08.12.1956-Rajasthan Gazette, Part IV(C), dated 20.12.1956.]Bighas or one Murrabai.e. an area equal to the difference between[15] [Substituted by Notification No. F. 6 (77) Revenue B/54, dated 08.12.1956-Rajasthan Gazette, Part IV(C), dated 20.12.1956.]Bighas and thearea of Khudkasht land left with the tenure tenant. | ||
| (7) | Tenants of Barani lands of village of Bikanerand Chum Districts and Tehsils Hanumangarh, Nohar, Bhadra andSuratgarh of Sri Ganganagar District adjoining Bhakra. | [15 Bighas] [Substituted by Notification No. F. 6 (77) Revenue B/54, dated 08.12.1956-Rajasthan Gazette, Part IV(C), dated 20.12.1956.]. | ||
| Project area lying within a depth of 15 milesfrom the fringe thereof provided that such villages do not fallwithin the expected irrigation zone of the Rajasthan Canal and ifsufficient area is available for such allotment in the borderarea of the Project. |