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State of Rajasthan - Section

Section 9 in The Rajasthan Colonisation (General Colony) Conditions, 1955

9. Procedure for acquisition of rights.

(1)All grants made under this statement shall be initially on a Ghair Khatedari tenancy only and by way of a lease for a period of 10 years from the date of the commencement of the grant. At or [after the expiration of three years] [Substituted by Notification No.4 (11)/Col./96, dated 30.11.99-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 29.3.2000, page 209(2) = 2000 RSCS/Part II/page 268/H. 153 for 'after the expiration of five years'] from the date of the commencement of the grant, the grantee having paid to Government the balance purchase money and in the manner herein provided, all sums and outgoings, each and all of them, due to the Government under the provisions, of this statement and having duly observed all the stipulations herein contained and to be observed by him [and on payment of Rupees twenty-five as sanad fee shall be entitled at any time to receive from the Government a "Sanad" [in Form 1] [Inserted by Notification No. F. 4(28) Revenue/Col./77, dated 08.11.1982-Rajasthan Gazette, Part IV-(C), dated 18.11.1982, page 512.] ] conferring on him a right of a Khatedari Tenancy in the said lands, provided that thereafter the grantee shall hold and possess land and every part thereof subject for ever to all provisions and stipulations herein contained and the tenancy shall continue till it is terminated by the operation of law or in accordance with the general or special conditions applicable thereto. The "Sanad" shall be issued under the signature and the seal of the Collector and shall be registered by the grantee according to the provisions of the Rajasthan Tenancy Act.[Provided that a grantee to whom land is allotted under Rule 13-A of the Rajasthan Colonisation (Allotment and sale of Government Land in the Rajasthan Canal Colony Area) Rules, 1975, shall, on payment of full price of the land with interest due if any, be entitled, at any time after [ [the expiration of three years] [Inserted by Notification No. F. 4(22) Revenue/Col./77, dated 23.09.1981-Rajasthan Gazette, Part IV-(C), dated 01.10.1981, page 288.] from the date] he takes possession of the land, to receive "Sanad" conferring on him right of khatedar tenant, provided that he has not breached any of the terms and conditions of allotment during the said period.][Provided further that an allottee to whom land is allotted u/R 13 or 13-A of the Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975, shall on payment of total price of the land allotted to him in lump-sum with interest due if any, be entitled at once to receive from the government "Sanad" conferring on him a right of Khatedari tenant, but he shall not be allowed a rebate of 25% or 15% of the price granted u/R. 17(9) or 13-A(5) of the Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975.] [Inserted by Notification No. F. 4(11) Col./96, G.S.R. 125, dated 30.11.1999-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 29.03.2000, page 209(2), w.e.f. 30.11.1999 = 2000 RSCS/Part II/page 268/H. 153.][Provided further that ousted land owner of Mahi Bajaj Sagar Dam who has been allotted land under the Mahi Bajaj Sagar Project shall on payment of full price of the land with interest due if any, be entitled to receive "Sanad" conferring on him right of khatedari tenant.] [Inserted by Notification No. F. 3(15) Revenue/Col./76, dated 31.10.1987-Rajasthan Gazette, Part IV-(C)(II), dated 01.06.1989, page 24.][Provided also that if at the time of allotment such land was not within the urbanise-able limit or peripheral belt of an urban area as defined in [Section 90-A] [Added by Notification No. F. 4(11) Col./96, dated 18.1.2010-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 25.4.2010, page 123 [w.e.f. 18.1.2010] = 2010 RSCS/Part II/page 234/H. 106.] of the Rajasthan Land Revenue Act, 1956 but subsequently included in the urbanise-able limit or peripheral belt of an urban area, [or any land situated in the urbanisable limits or peripheral belt of an urban area as defined in Section 90-A of the Rajasthan Land Revenue Act, 1956 allotted on or before 31.03.2013] [Inserted by Notification No. S.O. 154, dated 7.10.2013 (w.e.f. 19.11.1955).] khatedari rights on such land shall be conferred only with the [prior approval of the Divisional Commissioner] [Substituted 'prior approval of the State Government' by Rajasthan Notification No. S.O. 78, dated 1.7.2015 (w.e.f 19.11.1955).] and on payment of -
(i)20% of the market value of land as determined for the area by the District Level Committee [if the land is situated in] [Substituted 'if the land has been included' by Notification No. S.O. 154, dated 7.10.2013 (w.e.f. 19.11.1955).] the urbanise-able limit or peripheral belt of Jaipur Development Authority or Jodhpur Development Authority, or any Urban Improvement Trust or any Municipal Corporation or Municipal Council, and
(ii)10% of the market value of the land as determined for the area by the District Level Committee [if the land is situated in] [Substituted 'if the land has been included' by Notification No. S.O. 154, dated 7.10.2013 (w.e.f. 19.11.1955).] the urbanise-able limit or peripheral belt of any Municipal Board,
Provided also that a person to whom land was allotted under the provisions of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 and subsequently such area was declared a colony area and such allottee was treated as a Temporary Cultivation Lease Holder, shall, on payment of the total price of the land, be entitled to receive at once a 'sanad' conferring khatedari right on him.]
(2)Payment of purchase money pre-requisite. - No grantee shall acquire Khatedari or other rights not conferred on him as a tenant by the conditions of this statement and shall continue to be subject to the conditions herein contained and as a Ghair Khatedar tenant unless and until the whole amount of the purchase price and all other sums and outgoings due to Government for the said land shall have been duly paid and discharged.
(3)Right to be acquired in whole grant not part. - Payment for purchase of Khatedari right shall only be accepted if made for the whole area of the grant and no grantee shall be permitted to acquire Khatedari rights in a portion thereof.