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State of Rajasthan - Section

Section 35 in Rajasthan Tenancy (Government) Rules, 1955

35. Preliminary report to the Commissioner.

(1)As soon as the Collector has decided on the nature and extent of the calamity and the steps which he proposes to take to deal with it, he shall send a preliminary report to the Commissioner explaining the situation fully both as regards the area affected and the classification of fields which he proposes to adopt for the purpose of calculating the relief with an estimate of the damage suffered by each class, and in cases in which it is necessary to allow for shortage of area, giving an estimate of the shortage. He should discuss the condition of the cultivators. To enable the Collector to follow the progress of the season and to know how far the rainfall in any season departed from the normal as regards either distribution of amount, a statements of normal rainfall by rain-guage stations will be published separately and supplied to all Collectors. When relief is proposed on account of excessive rainfall or failure of rains, the Collector should refer to the statement in making his proposals and compare the figures of the normal and the actual rainfalls in his report.
(2)The Collector's report shall also give (a) the areas under the Kharif and Rabi crops grown in a normal year in each tehsil affected, with details of irrigated and dry areas; (b) the total rental demand of the villages affected; and (c) a rough estimate, as far as one can be made at this stage, of the relief which it will be necessary to give in the rental demand. It is unnecessary at this stage for the Collector to make any recommendation whether the proposed relief should be given by way of remission or suspension.
(3)The report should not be delayed by the inclusion in it of detailed calculation. It should be dispatched within a fortnight of the occurrence of the calamity, and in no circumstances (except in a case of damage by fire) should it reach the Commissioner later than December 15, in the case of a calamity affected the Kharif and May 15, if the Rabi is affected.
(4)[ Before finalising his report under this rule, the Collector shall issue a public notice of the extent of the loss or damage which he estimates to have been caused in the area affected by the agricultural calamity calling upon all persons concerned to lodge their objections, if any, before the Tehsildar within the local limits of whose jurisdiction their holdings are situated within three days of the publication of the notice by beat of drum in accordance with clause (b) of sub-rule (5).] [Inserted by Notification Dated 13-5-1960, Published in Rajasthan Government Gazette, Part IV(C), Dated 19-5-1960.]
(5)Such public notice shall be in Form CC and shall be published :-
(a)by pasting a copy thereof :-
(i)on the notice board of the office of the Collector issuing it,
(ii)on the notice board of each Tehsil within which the area affected by agricultural calamity or any part thereof is situated, and
(iii)at some place of public resort in each village the whole or a part of which is affected by the calamity; and
(b)by beat of drum in each such village.
(6)If any objections are received by the tehsildar, they shall be disposed of by him summarily on the very day of their receipt and shall be submitted to the Collector, along with a report showing the disposal thereof and the publication of the notice issued under sub-rule (4), as promptly as may be possible but not later them a week after the publication of the said notice by beat of drum.
(7)[ The report under sub-rule (1) should, in addition to the other particular mentioned in that sub-rule and in sub-rule (2), also refer to the fact of the issue of the public notice under sub-rule (4) its publication in the manner provided by sub-rule (5), the objections, if any, lodged under sub-rule (6) and the manner of their disposal.] [Inserted by Notification Dated 13-5-1960, Published in Rajasthan Government Gazette, Part IV(C), Dated 19-5-1960.]