Section 17 in The Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1973
17. [ Allotment of vested surplus land. [Substituted by Notification No. F. 7(1) Revenue/Gr. 4/80, dated 13-3-1981, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 13-3-1981, page 221 to 224 [13-3-1981].]
(1)Subject to the provisions contained in sub-rules (2), (3), (4) and rules 18. 19, 20, 20A and 21 the surplus land vested in the State Government under any law relating to the imposition of ceiling on agricultural holdings shall be allotted in accordance with the Rajasthan Land Revenue (Allotment of land for Agricultural purposes) Rules. 1970 in Non-project Areas and in accordance with the rules or statement of conditions issued under the Rajasthan Colonization Act 1954, in Project Areas.(2)Seventy five percent of the surplus land vesting in the State Government, after deducting the lands allotted to landless persons as defined in clause (a) of sub-rule (3), if any, shall be reserved for allotment to the landless labourers of the village belonging to the Scheduled Castes and the Scheduled Tribes [and to the released bonded labourers and to the beneficiaries of the Integrated Rural Development Programme].(3)In making allotment of land, the following order of priority shallbe observed:(a)[ Persons who are in possession of land transferred to them by persons whose lands have vested in the State under the Act and who are residents of the village Panchayat in the jurisdiction of which the land is situated or residents of a village Panchayat which adjoins such a village Panchayat, in the following order of priority:- [Clauses (a) and (b) substituted by Notification No. F. 7(1) Revenue/Gr. 4/8,29 dated 22-5-1981, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 22-5-1981, page 37 to 39 [22-5-1981].](i)residents of the village Panchayat in which the land is situated and as amongst them preference will be given to person who belong to Scheduled Castes and Scheduled Tribes:(ii)residents of village Panchayat which adjoin the village Panchayat in which the land is situated and as amongst them, preference will be given to person who belong to Scheduled Castes and Scheduled Tribes:Provided that such transfers have not been recognised by the Authorised Officer under the Act and such transferees were landless persons as defined in the Rajasthan Tenancy Act, 1955 prior to the transfer of the aforementioned land to them.Provided further that such transfers of land are genuine and are not sham, bogus or benami and are in accordance with law and were not made, in favour of any member of the transferors family.[Provided also that the total area of land to be allotted to such an eligible transferee is not in excess of the area of land transferred to him prior to 1-1-1973 by a tenant whose ceiling surplus land has vested in the State and the total area of land to be held by such transferee including the land already held by him prior to the acquisition of the transferred land does not exceed the ceiling area applicable to him.]Explanation.- Transfers, effected upto 31st December, 1972 only shall be taken into consideration for the purpose of this rule and transfers effected on or after 1st January, 1973 shall not be considered.(b)Landless labourers of the village belonging to Scheduled Castes or Scheduled Tribes, released Bonded labourers and the beneficiaries of the Integrated Rural Development Programme].(c)A landless person who is a non-commissioned member of the armed Forces or a member of the Border Security force, and who has rendered not less than five years service as such or who is an ex-serviceman.Explanation.- For purposes of this clause, "ex-serviceman" means any person who has been released from the Armed Forces after having served in any rank other than that of a Commissioned Officer (including a Junior Commissioned Officer or equivalent rank) in the Indian Armed Forces for at least five years.(d)a landless person who does not hold any land, whether in his own name or in the name of any member of the joint family.(e)Any other landless person residing in the village in which the vested land is situated.(f)A tenant of contiguous plot of land holding landless than the ceiling area applicable to him.(g)Any other landless person and persons identified as refugees and certified to be such by a competent officer designated in this behalf by the State Government and granted Indian Citizenship:Provided that if there are more than one applicants belonging to the same category for the same land, the land shall be allotted to the applicant whose application was received first:Provided further that no allotment of land shall be made so as to result in the allottee getting or holding land in excess of the ceiling area applicable to him.(4)The Collector shall have the power to cancel any allotment made at any time, under the Rajasthan Tenancy (Fixation of Ceiling on Land) (Government) Rules, 1963 or under the Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1973, or under any other rules so far as the allotment relates to land acquired under laws relating to agricultural ceilings either suo moto or on the application of any person, in case the allotment has been secured through fraud or misrepresentation, or has been made against rules, or in case the allottee has committed breach of any of the conditions of allotment:Provided that no such order to the prejudice of any person shall be passed without giving such person an opportunity of being heard.]
