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State of Rajasthan - Section

Section 31B in The Rajasthan Land Acquisition Rules, 1956

31B. Compensation to Ghair-khatedar tenant.

(1)A Ghair-khatedar tenant; who is recorded as such in the revenue record for a period exceeding ten years in non-colony areas and fifteen years in colony areas shall be entitled to compensation for the lands acquired from him:Provided that no enquiry is pending against such tenant with any competent authority under any Act or rules for the time being in force, and on the conclusion of which there may be possibility of the land being resumed to the State:Provided further that such Ghair-khatedar tenant in colony areas has paid full price of land to the State Government as per rules under which the allotment was made.
(2)That in case the judicial or quasi-judicial enquiry is pending before the competent authority, the amount of compensation shall be kept in deposit by the Land Acquisition Officer:Provided that on the final conclusion of the proceedings, the amount shall be disbursed to the Ghair-Khatedar tenant if the case is decided in his favour and to the State Government if the land is ordered to be resumed.
(3)That a Ghair-khatedar tenant, other than one referred to above, shall be allotted land of equal value for land acquired in lien of cash compensation:Provided that in case normal cultivable un-occupied Government agricultural land is not available for allotment, lands declared surplus under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act 1 1 of 1973), may be allotted to such Ghair Khatedar tenant if he so opts:Provided further that allotment of land in colony area to a Ghair-khatedar shall be made, if such Ghair-khatedar tenant was a landless person prior to the acquired land allotted to him or the acquired land situated in the canal command Area.
(4)Where a Ghair-khatedar tenant does not opt as mentioned in sub-rule (3) or on suitable land in any nature is available for allotment, only then the compensation in cash shall be paid to such Ghair Khatedar tenant according to the following formula, namely ;-
Compensation Market price of land as applicable to khatedartenants determined by Land Acquisition Officer No. of years elapsed after allotment 9treatingperiod of more than 6 months as one year ignoring shorter period) Improvement as legally permissible
10 (for non-Colony area) or 15 (for Colony area)
(5)Where land is acquired on behalf of the Government of India or a Company or any other body or Organisation or institution other than the State Government, the Ghair-khatedar tenant shall be paid compensation in accordance with this rule and the balance payment (market price minus compensation paid to Ghair-khatedar) shall be paid to the State Government.[Part-I] [Added by No. F. 1(18) Revenue/B/66, dated 6-6-1968; published in Rajasthan Gazette Part IV-C, dated 1-8-68.] Rule dealing with acquisition of land for companies.