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State of Rajasthan - Section

Section 28 in The Rajasthan Colonisation (General Colony) Conditions, 1955

28. [ Conditions governing transfers under section 13 of the Act. [Added by Notification No. F.3 (15) Revenue/Col./76, dated 13.02.1984-Rajasthan Gazette, Extraordinary, Part IV-(C), dated 16.02.1984, page 423.]

(1)Consent for transfer of land may be given by the State Government or the officer authorised by the State Government in this behalf to the applicant if the following conditions are fulfilled:-
(i)that the transferor is a person recorded as khatedar-tenant of the land in Annual Register prescribed under the Rajasthan Land Revenue Act, 1956;
(ii)that the transferor has paid all the dues of the State Government in respect of land in question including price of land, land revenue, irrigation dues, rates, charges, taxes and cess-es and loans advanced or guaranteed by the State Government;
(iii)that the transferor has complied with the provisions of Conditions herein contained and, in case of default, the same has been condoned or rectified in accordance with the law;
(iv)that the transferor has given a declaration in writing that he shall not apply for, or lay any claim to allotment of land in Rajasthan State as landless person;
(v)that the proposed transfer is otherwise legally valid and does not violate any other provision of law;
(vi)that the transferee is a person eligible to secure allotment of land in accordance with the rules under the Act.
(2)Subject to the provisions of clause (1) above, the consent for transfer of land may be given in genuine cases which are found to satisfy any one of the following conditions:-
(i)the applicant is not in a position to cultivate the land personally any further, or
(ii)in view of adverse family circumstances or financial commitments, the applicant is in immediate need of money;
(3)[Notwithstanding anything contained in sub-conditions (1) and (2) above, but subject to Section 42 of the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955), where land is sold for industrial, commercial or public welfare purposes] approved by Government or is sold to the Government or a Corporation or an Institution or a Company run by Government or an Educational Institution registered and approved by the Government, [or Registered Housing Cooperative Societies (Registered under the Rajasthan Co-operative Societies Act, 1965) permission to sell may normally be granted] [Inserted by Notification No. F. 4(28) Revenue/Col./84, dated 08.05.1986-Rajasthan Gazette, Part IV-(C), dated 29.05.1986, page 38.] .]