Section 13 in The Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975
13. Allotment of Land to other category of persons.
- [(1) All allotment of Government land other than those specified in Rule 12 or 12-A shall be made by Allotting authority in consultation with an-Advisory Committee consisting of:(a)Member of Rajasthan Legislative Assembly in whose constituency the land proposed to be allotted is situated:Provided that in case where there are two Members of Legislative Assembly representing Revenue Tehsil of which colonisation Tehsil is a part in which the land is situated, the other Member of Legislative Assembly shall also be a member and in case there are more than two members of Legislative Assembly, one of them nominated by the State Government shall be the member of Advisory Committee.(b)Pradhan of the Panchayat Samiti in whose jurisdiction such land situates;(c)Sarpanch of the Panchayat in whose jurisdiction such land situates;(d)A Scheduled Caste/Scheduled Tribe Member of the Rajasthan Legislative Assembly or in case of non-availability of such member any other person of Scheduled Caste/Scheduled Tribe belonging to the District in which the land is situated, as may be nominated by the State Government;(e)A Member of the Rajasthan Legislative Assembly belonging to the District in which the landless person to whom land is to be allotted belongs, as may be nominated by the State Government;(f)[ Colonisation Tehsildar of the Tehsil in which the land is situated;(g)Sub-Divisional Officer of the concerned Sub-Division or any officer of equivalent rank nominated by the District Collector;](h)Tehsildar/Nayab Tehsildar of Revenue Tehsil in which the land is situated, or any officer of equivalent rank nominated by the District Collector.][(1-A) Whenever any elections to the parliament or to the Legislative Assembly of the State or to the State Panchayat Bodies are announced by the respective Election Commissions, and any Model Code of Conduct comes into effect as a result of such announcement, then the membership of members of the Legislative Assembly, Pradhans and the Sarpanchs appointed or nominated under sub-rule (1) of Rule 13, shall be automatically suspended with effect from the date from which the Model Code of Conduct come into force till the date of completion of the Election process. The membership of such persons shall be automatically restored on the date of completion of the Electoral Process.] [Inserted by Notification No. F, 4(11) Col./1981, dated 17.1.2000-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 15.3.2001, page 205(1) = 2001 RSCS/Part II/page 656/H. 602.](2)The Allotting Authority shall be the Chairman of the Advisory Committee and the Colonisation Tehsildar shall act as Member-Secretary of the Committee.[Provided that if in the opinion of the advisory committee any land is to be allotted to the family member of the Advisory Committee, then the matter shall be referred to the Colonisation Commissioner/District Collector within whose jurisdiction the land is situate. The allotment shall be made after approval of the Colonisation Commissioner/Collector.] [Added by Notification No. F. 4(15) Col./92, dated 1.9.95-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 18.9.95, page 113(4). = 1996 RSCS/Part II/page 117/H. 102.](3)For making allotments in consultation with the Advisory Committee the Allotting Authority shall call a meeting of the Committee preferably at the Headquarters of the Colonisation Tehsil or Revenue Tehsil in which the land is situate. The member of the Advisory Committee shall be given at least a week's notice of the meeting [by registered post or through messenger. If the Allotting Authority is satisfied that public representatives are not present in the meeting even after the notice, their non-presence shall not effect the decisions of the Advisory Committee. However, before holding the meeting of Advisory Committee, Allotting Authority shall ensure that notice of meeting has been duly sent to the public representative by registered post and where the same is sent through messenger the receipt of the public representative or of any person authorised by public representative has been received] [Substituted by Notification No. F. 4(17) Col./97, dated 17.11.99-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 1.4.2000, page 3(2). = 2001 RSCS/Part II/page 88/H. 76, for the following expression: 'by registered post']:[Provided that the presence of three members shall be compulsory in the meeting and if the meeting is adjourned due to lack of corrum the presence of any two members shall be sufficient in the adjourned meeting.] [[Substituted by Notification dated 15.07.1976 - Rajasthan Government Gazette, dated 29.07.1976, for the following:-'Provided that if any member of the Advisory Committee fails to attend on the date fixed, the Allotting Authority shall carry on the work of allotment in consultation with such of the members as attend the meeting.']][xxx] [[Substituted by Notification No. F. 4(17) Col./97, dated 17.11.99-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 1.4.2000, page 3(2). = 2001 RSCS/Part II/page 88/H. 76, for the following:'Provided further that the presence of the one member out of first 4 members shall be compulsory in the meeting and if the meeting is adjourned twice due lo lack of quorum, the presence of any two members shall be sufficient quorum'Note.-earlier the aforesaid existing second proviso was inserted by Notification No. F. 4(15) /Col./92. dated 1.9.95-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 18.9.95, page 113(4). = 1996 RSCS/Part II/page 117/H. 102.]](4)Separate reservation-wise list of eligible persons shall be prepared by the Allotting Authority in Form XI and shall be placed before the Advisory Committee at such meeting.(5)Subject to the availability of land, the Allotting Authority shall, after consulting the Advisory Committee, make reservation-wise allotment of Government land to persons mentioned in the list referred to in sub-rule (4) out of the land entered in the list prepared under sub-rule (3) of Rule 8. in doing so, except where any Government land has been reserved for any specific purpose or class of persons under sub-rules (2) to (4) of Rule 6, the Allotting Authority shall act in the following manner, namely:-(a)A temporary cultivation lease holder shall be allotted land to the extent to which he is eligible under these Rules out of the land comprised in his temporary cultivation lease:Provided that if such lease holder holds such lease land less than 25 bighas, he will seek allotment as a landless person for the balance of land to make up the deficiency in the extent of land to which he is eligible along-with other landless persons of the same priority in the manner provided in clauses (c) and (d).[Provided further that the temporary cultivators who were allotted land on or before 1.1.1995 whether their temporary cultivation lease renewed or not, or has not been cancelled by the competent court and such cultivators having possession on such land till date of allotment, such persons will be eligible for allotment of lands on a permanent basis on the terms and conditions laid down in the rues and price of land will be charges as laid down in Rule 17 of the said rules.] [Inserted by Notification No. F. 3(29) Col./86, dated 26.11.2004-Rajasthan Gazette, Extraordinary, Part IV-C(II), dated 31.1.2005, page 141(8). = 2006 RSCS/Part II/page 173/H. 146.](b)[ If an [adult son/ adult daughter] [Substituted by Notification dated 18.11.1978 - Rajasthan Government Gazette, dated 21.12.1978.] of a temporary cultivation lease holder is eligible for allotment of Government land under these Rules and after allotment of land to his father there remains any surplus land out of the land comprised in the temporary cultivation lease of the father, such surplus land may be allotted to the [adult son/adult daughter] [Substituted by Notification No. E. 4(15) Col./92, dated 1.9.95-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 18.9.95, page 113(4) = 1996 RSCS/Part II/page 117/H. 102.] to the extent to which he is eligible. In case, there are more than one such [adult son/ adult daughter] [Substituted by Notification No. E. 4(15) Col./92, dated 1.9.95-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 18.9.95, page 113(4) = 1996 RSCS/Part II/page 117/H. 102.], such surplus land shall be equally allotted between them as co-tenants. The remaining land to which such [adult son/ adult daughter] [Substituted by Notification No. E. 4(15) Col./92, dated 1.9.95-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 18.9.95, page 113(4) = 1996 RSCS/Part II/page 117/H. 102.] may be eligible under these Rules will be allotted to him along-with other eligible persons of the same priority to which he belongs and in the manner provided in clauses (c) and (d).][Explanation. - In this sub-rule, the expression "adult son" means a son who has attained the age of majority according to the Indian Majority Act, 1875 [on or before 1-1-2001] [Inserted by Notification No. F. 4(14) Revenue/ Col./83, dated 11.9.1986 - Rajasthan Government Gazette Part IV-C, dated 2.10.1986, page 177.] .] [[Substituted by Notification No. F. 3(57) Col./95, Part VI, dated 9.11.99-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 1.4.2000, page 9(3) = 2001 RSCS/Part II/page 89/H. 78, for the following:'(1) All allotment of Government land other than those specified in Rule 12 of Rule 12-A shall be made by Allotting Authority in consultation with an Advisory Committee consisting of:(a)Colonisation Tehsildar of the Tehsil in which the land is situated; - Member-Secretary(b)Tehsildar of Revenue Tehsil in which the land is situated; - Member(c)Block Development Officer of the Panchayat Samiti in whose jurisdiction land is situated; - Member(d)Gram Sewak of the Panchayat in whose jurisdiction land is situated; - Member(e)Any Gazette d officer of Scheduled Caste, of the district in which the land is situate, as may be nominated by the Collector' - Member'The existing above sub-rule (1) of Rule 13 was earlier substituted by Notification No. T.3 (57) Col./95 Part VI, dated 16.7.99-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 16.7.99, page 87(2). = 1999 RSCS/Part II/page 423/H. 364.]](c)If a landless person holds or is allotted any land adjacent to the Government land available for allotment, the allotment shall be made to him out of such Government land to the extent available.(d)In case a landless person does not hold any land as mentioned in clause (c) or after allotment of land to him under the said clause he still remains eligible for more land, the allotment of land or more land, as the case may be, shall be made by drawing lots strictly according to the order of priority of landless persons specified in Rule 7 [xxx] [[Deleted by Notification No. F. 4(11) Revenue/ Col./83, dated 6.7.1984 - Rajasthan Government Gazette, Part IV-C, dated 19.7.1984, page 142, for the following words:-'and the lots shall be drawn in the manner as may be directed by the Colonisation Commissioner.']].[Provided that allotment of any Johar Paitan Land shall not be made without prior approval of the Colonisation Commissioner.] [[Substituted by Notification. No. F. 4(15) Col./92, dated 1.9.95-Rajasthan Gazette, Extraordinary, Part IV-C(i), dated 18.9.95, page 113(4). = 1996 RSCS/Part II/page 117/H. 102, for the following proviso:-'Provided that allotment of any Johar Paitan land shall not be made without the prior approval of the State Government.']](e)[ The date of submitting application before competent authority under clause (b) shall be [31.12.2008] [Added by Notification No. F. 4(14) Revenue/ Col./83, dated 29.6.1987 - Rajasthan Government Gazette, Part IV-C, dated 1.6.1989, page 21.] .](5A)[ the lots shall be drawn in the following manner: -(i)The Allotting Authority shall prepare a list of persons whose applications have been received within time and who fulfil the eligibility condition for allotment of land under these rules;(ii)The number of persons to whom land may be allotted will be determined by the Allotting Authority on the basis of total area of land available in bighas for allotment divided by 25;(iii)Lots will be drawn by the Allotment Authority from amongst applicants found eligible under clause (i) above, to select the persons eligible for allotment of land equal to the number determined under clause (ii) above.In the same draw of lots, additional persons equal to 25% of the number of persons determined under clause (ii) above, shall be selected and arranged in the order, in accordance with the result of the drawal of lots and be kept on the waiting list. The waiting list shall remain valid till the land available for allotment is exhausted;(iv)In case the land available for allotment exceeds the requirement of the land to be allotted to persons declared successful on the basis of the draw of lots, persons from the waiting list in their respective order may be considered for allotment of land;(v)The applicants declared successful and entitled to allotment of land under clause (iii) and (iv) above, will be arranged in homogeneous groups on the basis of [villages] tehsils, districts and regions to which they belong;(vi)Compact area of land, out of total area available for allotment, commensurate with the requirement of each group formed under clause (v) shall be set apart for each such group and the allotment of land to each persons belonging to the same group shall be made in the area thus set-apart on the basis of separate draw of lots to be held amongst persons belonging to such group.](6)The minutes of the meeting shall be recorded by the Member-Secretary and shall be signed by the Allotting Authority as well as by all the members of the Advisory Committee who may be present. If there is difference of opinion between the members, the opinion of each member present shall be recorded. Similarly in case of difference of opinion between the members of the Advisory Committee and the Allotting Authority, the Allotting Authority shall record his reasons for its disagreement before passing final orders.(7)Separate lists of persons whose applications have been granted or rejected shall be affixed forthwith on the Notice Board of the Colony Tehsil or Revenue Tehsil in whose jurisdiction the land is situated. Such publication shall be deemed to be sufficient notice to the applicants to the orders passed on the applications:[Provided that the allotting authority shall transfer, the applications of eligible persons, to whom land could not be allotted due to non-availability of land, to a Tehsil where land is available for allotment according to their priority in such tehsil.] [Added by Notification dated 15.07.1976 - Rajasthan Government Gazette, dated 29.07.1976.][Provided further that Colonisation Commissioner may transfer the applications of the eligible persons to whom land could not be allotted due to non- availability of land from the allotting authority to another allotting authority in the same district where land is available for allotment according to their priority as per rules.Provided also that Colonisation Commissioner may after taking prior approval of the State Government transfer the application of the eligible person to whom, land could not be allotted due to non-availability of land from one allotting authority of a district to another allotting authority of another district where the land is available for allotment according to their priority as per rules.] [Inserted by Notification No. F. 3(46) Revenue/Col./83, dated 18.3.99-Rajasthan Gazette, Extraordinary, Part IV-C(II), dated 24.3.99, page 513(2). = 1999 RSCS/Part II/page 140/H. 145.](8)[ The allotment order shall be issued by the Allotting Authority to the allottee in the prescribed Form XII through a registered letter with A.D. The allotment shall be cancelled if the allottee does not turn-up and take possession of the allotted land within three months from the service of the allotment order.] [[Substituted by Notification No. F. 4(2) Col./92, dated 30.6.1993 - Rajasthan Government Gazette, Part IV-C, dated 15.7.1993, page 82, for the following:-'(8) The allotment order shall be issued by the Allotting Authority in Form XII.']](9)If a temporary cultivation lease holder fails to apply for allotment of land under these rules or if his application for allotment for any land or part thereof is rejected by the Allotting Authority, his temporary' cultivation lease in respect of such land or part thereof shall stand terminated on the expiry of the date upto which the application for allotment could be made or on the date of his application for such allotment is rejected, as the case may be, and the Government land covered by such lease shall revert to the State Government free from all encumbrances and he shall be liable to be ejected from such land in accordance with any law for the time being in force.(10)[ the allotment of the land shall not be made to any member of the Advisory Committee.] [Added by Notification No. F. 4(15) Co)./92, dated 1.9.95-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 18.9.95, page 113(4). = 1996 RSCS/Part II/page 117/H. 102.]
