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State of Rajasthan - Section

Section 27 in The Rajasthan Gram Dan Act, 1971

27. Rights of Gramdan Kisan.

- A person who has been granted land under section 26 shall hold it as Gramdan Kisan on the following terms and conditions, namely:-
(a)the interest of the Gramdan Kisan in such land shall be heritable in accordance with the provisions of section 40 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955):
(b)the Gramdan Kisan shall not transfer his interest in the land, without the previous approval in writing of the Gram Sabha and except-
(i)to a person who has joined the Gramdan Community in respect of the village in which the land is situate on the terms and conditions agreed upon between them:
Provided that a Gramdan Kisan belonging to scheduled caste, or scheduled tribe shall not transfer his interest in land to any other person who joined the Gramdan Community except the one who is also a member of the scheduled caste or scheduled tribe;
(ii)to the Gram Sabha; or
(iii)to a co-operative society or any institution approved by the State Government in this behalf or to the Government, by way of simple mortgage for securing payment of any money borrowed from such society, institution or Government:
(c)the Gramdan Kisan shall pay to the Gram Sabha an amount equal to the land revenue, rent, cesses, rates and other taxes payable, if any, in respect of the land, before such date or dates as may be prescribed by regulations;
(d)the Gramdan Kisan shall annually contribute to the Gram Nidhi one-fortieth of his annual agricultural produce or such other share as the Gram Sabha may determine in this behalf;
(dd)[ land allotted by the Gram Sabha shall be cultivated personally by the Gramdan Kisan or by a member of his family.] [Inserted by Rajasthan Act No. 19 of 1984.]
(e)the Gramdan Kisan shall not allow the land to remain uncultivated for a period exceeding two years.
(f)subject to the provisions of section 28, the Gramdan Kisan shall be entitled to remain in possession of such land, and the Gram Sabha shall not disturb his possession, of the land, except with his consent;
(g)in the case of land subject to any lease subsisting immediately before it was donated, the Gramdan Kisan shall have the right to recover possession thereof in accordance with the provisions of any law for the time being in force relating to land tenures as if he continued to be the lessor thereof, and pending termination of the lease, he shall also have the right to recover the rent payable by the lessee in respect of such land;
(h)in the case of land and subject to a mortgage with possession immediately before it was donated, the Gramdan Kisan shall have the right to obtain possession thereof after the redemption of the mortgage by the Gram Sabha if he pays to the Gram Sabha the amount paid for the purpose of redeeming the mortgage together with all expenses connected therewith.