Section 10 in Rajasthan Land Revenue (Allotment of Land for Setting up of Wind Farm) Rules, 2006
10. Restriction on Transfer of Land by Developer.
(1)The lease holder shall have limited rights in the land allotted to him for the purpose setting up Wind Farm.(2)The lease-holder may be allowed in lease period to assign his interest to any financial institution for the purposes of taking loan for establishing or developing the Wind Energy Farm after the prior approval of the State Government.(3)Where the Developer desires to sub-lease any of the area or part of the area allotted to him and his interest in the leased area for the purpose of generating the wind energy, he may be allowed to do so by the Collector after seeking prior approval of the State Government. The transferee shall pay 50% additional lease rent annually.(4)Whenever any leased area is sub-divided as a consequence of sub-lease under sub-rule (3), all terms and conditions of lease as applicable to the lessee shall be applicable to the sub-lessee except lease rent. The sub lessee may be allowed in sub-lease period to assign his interest to any financial institution for the purpose of taking loan for establishing or developing Wind Energy Farm by the Collector, with the consent of Developer and prior approval of the State Government.(5)The Developer may be allowed to sub-lease the part of leased land on such terms and conditions as may be mutually agreed upon between the Developer (Lessee) and Investor (Sub-Lessee) subject to the provisions of these rules.(6)In case of sub-lease, following conditions shall also be applicable; namely-(i)the Lessee can make sub-lease only after taking prior permission of the State Government;(ii)the sub-lease shall be liable to make payment of charges specified under these rules;(iii)the sub-lease shall be permissible only for the purposes for which the land was leased out to the Lessee;(iv)sub-lease period shall not exceed the remaining period, of the original or renewed lease period, as the case may be;(v)the terms and conditions applicable to lessee shall mutatis mutandis apply to all sub-lessees unless otherwise specified by the State Government;(vi)the rights and liabilities between the Developer (Lessee) and- investor (sub-Lessee) shall be determined among themselves and those shall not be binding on the State Government.(vii)the State Government shall not be liable for any dispute arising between the lessee and sub-Lessee; and(viii)any other conditions which may be specified by the State Government, from time to time.
