Section 37D in The Rajasthan Land Reforms and Resumption of Jagirs Rules, 1954
37D. Inquiry in respect of persons in receipt of maintenance allowance.
(1)For the purpose of determining the persons entitled to receive the maintenance allowance and the amount to be paid to them under section 27, the Jagir Commissioner shall, (after the resumption of a Jagir), by notification in the Rajasthan Gazette and in one or more important newspapers circulating in Rajasthan, call upon persons who under any existing Jagir law are entitled to receive such maintenance allowance and who are desirous of receiving it out of the compensation to be paid to the Jagirdar to apply to the Collector of the District in which the head-quarters of the Jagir are situated. A period shall be specified in the said notification for the submission of the application. The application shall be submitted in duplicate in Form No. 11. If no such application is submitted within the period mentioned in the notification, it shall be presumed that the person entitled to receive a maintenance allowance is not desirous of getting his maintenance allowance under the Act.(2)Where an application in Form No. 11 has been received, the Collector of the District shall forward soon as may be after its receipt and in any case not later than 15 days after its receipt, a copy of the same to the Jagirdar concerned, asking the Jagirdar to state within a period of one month from the date of receipt of the same, if he has any objection in respect of the facts mentioned in the application, and, in particular, in respect of the continuance of the maintenance allowance. The Jagirdar shall, within one month of the receipt of such communication from the Collector send his reply in writing to the Collector giving full reasons for it, and shall return the copy of the application also. If no objections are received by the Jagirdar within the said period it shall be, presumed that he has no objection to the maintenance allowance stated in the application being continued and deducted out of the compensation and rehabilitation grant payable to him.(3)The Collector shall, whether any objections have been received or not from a Jagirdar under sub-rule (2), hold such inquiry as he may deem necessary in respect of the persons entitled to receive the maintenance allowance under section 27 and the amount to e-paid to them, and shall forward his re-commendation to the Jagir Commissioner who may after such inquiry or further inquiry as he may deem necessary, fix the amount of maintenance allowance under section 27 of the Act.(4)Where a person has submitted an application in Form No. 11 within the required period or where the Jagirdar has submitted an objection in respect thereof within the required period, no recommendation shall be made and no order shall be passed by the Collector or the Jagir Commissioner under this sub-rule to the prejudice of the applicant for maintenance allowance or the Jagirdar without giving them a reasonable opportunity of being heard.(5)Notwithstanding anything contained above, the Collector may entertain an application in Form No. 11 or any objection with respect thereto after the required period, if he is satisfied that the maintenance holder or the Jagirdar was prevented by sufficient causes from submitting the same within said period.
