Section 16 in The Rajasthan Holdings (Consolidation and Prevention of Fragmentation) Rules, 1955
16. [ Assessment, collection and refund of the cost of consolidation proceeding. [Substituted by Notification No. F. 6(286) Revenue A/55 dated 15-9-1960, published in Rajasthan Gazette Part IV-C, dated 15-9-1960.]
(1)For the purpose of recovery of the cost of consolidation proceeding, Rajasthan shall be divided into five zones, A, B, C, D and E, as shown in the Schedule appended to these rules, and the cost of consolidation proceedings for the difference zones shall be as specified in the said Schedule:Provided that in areas where Battabandi is carried out, in place of the rates specified in the Schedule, the cost shall be assessed at rupees four per acre of occupied land, or portion thereof, if the Battabandi is carried out by the persons whose holdings are affected, and at rupees six and fifty paise per acre of occupied land, if the Battabandi is carried out by them on behalf of the Consolidation Officer, at the option, or default, of the persons whose holdings are affected.(2)The cost of consolidation proceedings shall be payable by the persons whose holdings are affected by the scheme of consolidation:Provided that in the case of evacuee land, it shall be payable by an allottee in respect of land which has been allotted to him on a quasi-permanent basis, and by the Custodian of Evacuee Property, in the case of unallotted evacuee land:Provided further that if no portion of the holding of person is affected by the scheme of consolidation, no portion of the cost of consolidation shall be payable by such person.(3)After the re-partition has been carried out as laid down in rule 8 and the persons whose holding are affected have been put in possession of the areas to which they are entitled, the Consolidation Officer shall cause to be prepared, in Form C.H.I. a list of all such persons from whom the cost of consolidation proceedings is to be recovered, and the demand on account of such cost payable by each such person shall be recorded in the re- partition paper mentioned in clause (vi) of rule 8 and called Pass-Book, Part II which is given to khata holder.(4)If any person who is liable to pay the cost of consolidation proceedings, has any objection to raise in regard to the same, he may file his objections before the Consolidation Officer within fifteen days of the receipt of the Pass-Book, Part II.(5)After disposing of the objections, if any received by him, and making such amendments as may be considered necessary, the Consolidation Officer shall send the recovery list of the cost of consolidation proceedings, in Form C.H. 1. to the Settlement Officer (Consolidation) concerned, who shall, after the scrutiny and corrections, if any, forward the list to the Revenue Tehsildar for collection.(6)The cost of consolidation proceedings shall be collected in two equal yearly instalments, along with the land revenue demand. In single cropped areas the cost shall be realised when the land revenue falls due, while in double-cropped areas, the instalments of the cost shall be recovered with the Rabi collections, after the closure of the consolidation operations in the tract by a notification under section 43-A of the Act.(7)The Revenue Tehsildar shall, on receipt of the recovery list of the cost of consolidation proceedings in Form C.H. I. get the same entered in the register in Form C.H. 2 to be maintained by the Wasil Baqi Navis and thereafter take necessary steps for the realisation of the demand in accordance with law.(8)Any instalment of the cost of consolidation proceedings not paid on the due date shall become an arrear of land revenue on the day following and shall be recovered as such coercive process by the Revenue Tehsildar.(9)A monthly return, in Form C.H.2, shall be forwarded by the collection to the Board of Revenue, with a copy of the Director of Consolidation of Holdings, by the 7th of the month. In this return shall be entered the demand for the harvest, arrears, if any, payments received during the month.(10)Any excess cost of consolidation recovered shall be refunded only under the orders of the Collector in the same manner as refund of excess revenue collections.]
