Section 12 in The Rajasthan Land Revenue (Allotment and Conversion of Land for Saline Areas) Rules, 1970
12. Conditions of Allotment.
- [(1) The allotment shall be by way of lease for a period of 20 years in the first instance, renewal for a further period of 10 years by the General Manager, District Industries Centre. The lessee shall have to pay rent at such rates as may be in force at the time:] [Substituted by No. 6(25) Revenue/6/92/2. G.S.R.129, Dated 4-1-97, published in Rajpatra part IV(ga) Extra, dated 27-1-1997, p. 237(11), w.e.f.27-1-1997.].Provided that application for renewal shall be submitted to the General Manager. District Industries Centre six months before the date of expiry of lease. In case where the lessee has failed or fails to submit application for renewal within the said period, the same may be submitted within two years of the expiry of lease on payment of late fee of Rs. 2/- per acre per day. On the date of expiry of two years, the Government, may consider renewal of lease on payment of prescribed fee:Provided further that where completed application for renewal with prescribed lease rent and late fee, if any is submitted to the competent authority the. same shall be disposed of with in 30 days of the receipt of application failing which it shall he presumed to have been renewed. The competent authority in that case shall issue an order of renewal thereon:Provided also that allottees who did not apply for renewal in time or where applications for renewal were rejected on the time limit ground they may apply for above terms within a period of 6 months from the date of commencement of the Rajasthan Land Revenue (Allotment and Conversion of Land for Saline Areas) (Amendment) Rules, 1996:Provided also that after the expiry of the period of initial allotment or subsequent renewal of the lease the Government may revise the lease rent as it may deem fit:Provided also that during the period of lease the lessee may surrender the lease after giving notice in writing to the Collector one month before the date with effect from which he intends to surrender the lease:Provided also that the Collector may terminate the lease if he is satisfied that the lessee is not utilising the land for the purpose for which it was leased out after giving opportunity to the lessee to show cause against the proposed termination of his lease. The lease shall be renewed only if the General Manager, District Industries Centre is satisfied that the conditions laid down in the original lease have been fulfilled.(2)[ The lessee shall be liable to pay lease rent of land allotted to him as may be fixed by the Government:Provided that in the case of scheduled caste and scheduled tribe allottees and beneficiaries of Integrated Rural Development Programme the lease rent of land allotted shall he 50%:Provided also that at the time of allotment the lessee shall have to pay lease rent for 20 years in advance and in case of renewal of lease, the lessee shall have to pay lease rent for the 10 years in advance. The District Level (Saline Area Allotment) Committee may on the request of the lessee allow payment of lease rent and interest @ 12% p.a. in five equal annual installments:Provided also that from the date of commencement of Rajasthan Land Revenue (Allotment and Conversion of Land for Saline Areas) (Amendment) Rules, 1996 the allottees shall not be required to pay the land revenue and development charges as applicable prior to this amendment. However, any land revenue and development charges already collected by the State Government prior to this amendment shall not be refunded and arrears, if any, shall be recovered. However, the existing lease holders shall continue to pay lease rent and development charges for the remaining lease period. On renewal of the lease the lessee shall have to pay the lease rent as applicable at the time of renewal.] [Substituted by No. 6(25) Revenue/6/92/2. G.S.R.129, Dated 4-1-97, published in Rajpatra part IV(ga) Extra, dated 27-1-1997, p. 237(11), w.e.f.27-1-1997.](iii)[x x x] [Deleted by No. 6(25) Revenue/6/92/2. G.S.R.129, Dated 4-1-97, published in Rajpatra part IV(ga) Extra, dated 27-1-1997, p. 237(11), w.e.f.27-1-1997.](4)The lessee shall execute a lease deed in Form IV within thirty days from the date of sanction of lease. [In case where the lessee fails to submit the lease deed within stipulated time period, the same may be submitted on payment of late fee of rupees 50/- per day up-to 3 months from the date of order of allotment. After the expiry of 3 months the allotment shall stand cancelled.] [Added by No. 6(25) Revenue/6/92/2. G.S.R.129, Dated 4-1-97, published in Rajpatra part IV(ga) Extra, dated 27-1-1997, p. 237(11), w.e.f.27-1-1997.](5)[ The possession of the area under the lease shall be given by the General Manager, District Industries Centre within 15 days from deposit of lease amount] [Substituted by No. 6(25) Revenue/6/92/2. G.S.R.129, Dated 4-1-97, published in Rajpatra part IV(ga) Extra, dated 27-1-1997, p. 237(11), w.e.f.27-1-1997.].(6)[x x x] [Deleted by No. 6(25) Revenue/6/92/2. G.S.R.129, Dated 4-1-97, published in Rajpatra part IV(ga) Extra, dated 27-1-1997, p. 237(11), w.e.f.27-1-1997.](7)[ The lessee shall not sublet, mortgages, sell, gift in any other way, alienate the area or any portion thereof except in the following conditions and in the following manner:-(i)transfer of lease to legal heir of the lessee shall he permitted in case of death of the lessee by the General Manager of the concerned District Industries Centre:(ii)transfer in the case of partnership shall be deemed to have taken place, if original allottee/partner reduce their stake to less than 50% and the conditions (a), (b) and (c) to clause (iii) below are fulfilled;(iii)in any other case, transfer of lease shall be permitted by the General Manager of concerned District Industries Centre if-(a)lease has been held by the existing lessee for at least 3 years,(b)a fee calculated @ Rs. 200/- per acre is deposited by the lessee and where land allotted to scheduled caste or scheduled tribe or beneficiary of Integral Rural Development Programme is to he transferred a fee calculated @ Rs. 400/- per acre is deposited, and(c)in all cases of transfer of lease, the transferee shall, in no case, have total saline area more than 15 acres including the land already held together with the land so transferred.(iv)In the case of non-payment of dues by the lessee the scheduled financial institutions to whom the allotted kind may have been mortgaged shall be free to sell/transfer the salt plot held by the lessee. Any sell/transfer of such salt plot shall not he treated as completed unless a fresh lease deed is executed by the buyer/transferee as per the provisions of these rules.](8)The area leased shall be used only for the purpose of manufacture of salt and its by-products and for no other purpose:[Provided that the lessee may erect on the plot allotted to him, any building upto [1000] [Inserted by G.S.R. 130, Dated 20-7-1976; published in Rajasthan Gazette Ordinary Part 4(Ga)(I), Dated 20-2-76, p. 687.] sq. feet required for godown/storing salt or manufacturing implements for salt purpose [xxx] [Deleted by No. 6(25) Revenue/6/92/2. G.S.R.129, Dated 4-1-97, published in Rajpatra part IV(ga) Extra, dated 27-1-1997, p. 237(11), w.e.f.27-1-1997.] and such building, with its material etc. shall be removed by him at the expiry of the lease period or sooner determination thereof at his own expenses within one month. If the lessee fails to dismantle and remove the erection mid material, etc. within the said period, the erection shall be dismantled and removed by [Collector] [Substituted by Deleted by No. 6(25) Revenue/6/92/2. G.S.R.129, Dated 4-1-97, published in Rajpatra part IV(ga) Extra, dated 27-1-1997, p. 237(11), w.e.f.27-1-1997.] at the cost of the lessee and no claim, on account of the cost or compensation for the same shall be entertained.] [Substituted by Deleted by No. 6(25) Revenue/6/92/2. G.S.R.129, Dated 4-1-97, published in Rajpatra part IV(ga) Extra, dated 27-1-1997, p. 237(11), w.e.f.27-1-1997.](9)The lessee shall not undertake any work that may intended to damage or reduce the yield of salt from the leased area or destroy its future capacity for salt production.(10)The lessee shall commence manufacture of salt on the leased area within six months of the date of delivery of possession and shall see that the area does not remain idle for a continuous period of 12 months during the period of lease.(11)[ On contravention of sub-rules (4), (8), (9) and (10) above the Collector may determine the lease and recover possession of the area so allotted] [Substituted by No. 6(25) Revenue/6/92/2. G.S.R.129, Dated 4-1-97, published in Rajpatra part IV(ga) Extra, dated 27-1-1997, p. 237(11), w.e.f.27-1-1997.].(12)The [Collector] [Substituted by No. 6(25) Revenue/6/92/2. G.S.R.129, Dated 4-1-97, published in Rajpatra part IV(ga) Extra, dated 27-1-1997, p. 237(11), w.e.f.27-1-1997.] can also determine the leases in case of mismanagement by giving one month's notice to the lessee.(13)The lease can also be determined by the Government at any time during its currency if the area is required for public purposes or in the public interest after giving due opportunity to the lessee to show cause against the proposed termination.[x x x] [Explanation deleted by No. 6(25) Revenue/6/92/2. G.S.R.129, Dated 4-1-97, published in Rajpatra part IV(ga) Extra, dated 27-1-1997, p. 237(11), w.e.f.27-1-1997.]
