State of Rajasthan - Act
The Rajasthan Land Reforms and Acquisition of Land Owners Estates Rules, 1964
RAJASTHAN
India
India
The Rajasthan Land Reforms and Acquisition of Land Owners Estates Rules, 1964
Rule THE-RAJASTHAN-LAND-REFORMS-AND-ACQUISITION-OF-LAND-OWNERS-ESTATES-RULES-1964 of 1964
- Published on 29 July 1964
- Commenced on 29 July 1964
- [This is the version of this document from 29 July 1964.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Interpretation.
- In these rules, unless the context otherwise requires,-3. Issue of notice under section 3.
- To enable the Collector to discharge the duty imposed on him by sections 3 and 4 of the Act, the Collector shall, [within sixty days of the commencement of these rules] [Substituted by Notification No. F. 19(29) Revenue/A/60, dated 29-8-1964; published in Rajasthan Gazette Part IV-C, Extraordinary, dated 29-8-64.].4. Examination and preparation of statement of Income.
5. Power to examine witnesses and receive evidence.
- The Collector may examine witnesses and receive and admit in evidence the revenue records of the landowner, receipts for rents and other documents produced by or on behalf of the landowner or his tenants and other persons and for that purpose the Collector may exercise all the powers conferred on him by section 24 of the Act.6. Representation of landowner and Government at enquiries.
- At every such enquiry or examination, the landowner may, if he so desires, appear in person or by a recognised agent; and the Collector may, if he considers it necessary, require any officer subordinate to him, not lower in rank to a Tehsildar, to represent Government interest at such enquiry.7. Hearing of objections and final determination by Collector.
8. [ Manner of recovery of possession. [Substituted by Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.]
- If the landowner and any other person claiming through him in his estate fails to deliver the possession of the estate acquired under section 7 of the Act, the Collector shall recover its possession from the landowner and such other person by proclaiming the fact of the taking over possession of the estate by beat of drum near the estate and by affixing a notice to that effect on the notice boards of the offices of the Collector and the concerned tehsil and at a conspicuous place near the estate acquired and the recovery of possession of the estate in such manner shall, for all purposes, be effective as against the landowner and every other person claiming through him in his estate].9. Sub-mission of list of private lands, buildings etc.
10. Inquiry by Compensation Commissioner in the matter of private properties of landowners.
- Upon receipt of the Sub-Divisional Officer's report under rule 9, through the Collector, the Compensation Commissioner shall, after such further inquiry as he may consider necessary and after giving an opportunity of being heard if they so desire, to the landowner, the Government, the Municipal Board or the Village Panchayat pass order as laid down in sub-section (2) of section 10.11. [ Rate of interest on the amount recovered in contravention of sub-section (1) of section 11. [Substituted by Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.]
- The rate at which interest shall be paid by the landowner on the amount of rent, cess or other dues recovered by him in contravention of sub-section (1) of section 11 and which he has failed to refund within the time specified in sub-section (1-A) of the said section shall be six per cent per annum.]12. [ Imposition of penalty. [Substituted by Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.]
- In fixing the amount of penalty under sub-section (2) of section 11, the Collector shall take into consideration the following matters:-13. [ Appropriation of amount of rent cess and other dues. [Substituted by Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.]
- The amount of any rent, cess or other dues refunded by the landowner under sub-section (1-A) or sub-section (2) of section 11 or recovered from him under sub-section (3) of the said section shall be appropriated by the Collector as against the arrears of rent cess or other dues due to the Government under clause (c) of sub-section (1) of section 8 of the Act.]14. Application by religious institution for grant under section 13.
- An application by a religious institution which was receiving from the income of any estate acquired under the Act a grant of money for a period exceeding six years from the date of acquisition shall be in form 'C' and shall be submitted in duplicate.15. Inquiry and disposal of application made under rule 14.
16. Utilisation of acquired estates.
17. [ Statement of claim for compensation. [Substituted by Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.]
- The statement of claim for compensation to be filed under sub-section (1) of section 14 of the Act shall be in form 'D' and shall be tiled in duplicate. It shall be signed by the landowner himself provided that the Compensation Commissioner may entertain a statement signed by any other person duly authorised by the landowner].18. [ Other sources of income to be included in gross income. [Substituted by Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.]
- In addition to the sources of income specified in sub-clauses (a) to (e) of clause 2 of the schedule appended to the Act, the following other sources of income shall, for the purpose of calculating the gross income of the landowner, be included, namely:-19. [ Determination of compensation and amount recoverable from landowner. [Substituted by Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.]
- In order to determine provisionally or finally the amount of compensation and the amount recoverable from the landowner under clause (e) of sub-section (1) of section 8 and the schedule appended to the Act, the Compensation Commissioner shall, without prejudice to any other provision contained in the Act, have power to-20. Form of final order under section 15(2).
- The Compensation Commissioner's final order under sub-section (2) oi section 15 of the Act shall be in [Form 'E'] [Substituted by Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.].21. Statement of claim for annuity in perpetuity under clause 6 of the schedule to the Act.
- A statement of claim for an annuity in perpetuity under clause 6 of the Schedule to the Act shall be filed in [Form 'F'] [Substituted by Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.] and shall be in duplicate.22. Determination of annuity in perpetuity under clause 6 of the schedule.
23. Payment of annuity in perpetuity.
| (i) | In the case of Muslim Wakf. | To the Mutwali as defined in the Wakfs Act,1954 (Central) Act XXIX of 1954), who is, or may hereafter, berecognised, in accordance with law as being charged for the timebeing with the duty of maintenance of the institution or theplace of worship or the performance of the religious service: |
| Provided that in the event of a dispute as tosuccession to the office of Mutwali, the amount shall be paid tothe Board of Wakfs, Rajasthan established under section 9 of thesaid Act. | ||
| (ii) | In the case of a public trust as defined in theRajasthan Public Trust Act, 1959. (Rajasthan Act 42 of 1959). | To the trustee or other person who is, or mayhereafter, be recognised in accordance with law as being chargedfor the time being with the duty of maintenance of theinstitution or the place of worship or the performance of thereligious service: |
| Provided that in the event of a dispute tosuccession to the office of the trustee or other person, theamount shall be paid to the Devasthan Commissioner: | ||
| Provided further that if a Committee ofmanagement has been constituted for a public trust under section53 of the Rajasthan Public Trust Act, 1959, (Rajasthan Act 42 of1959) the payment shall be made to such committee of management. | ||
| (iii) | If the grant was made for an educationalpurpose. | To the person who is, or may hereafter berecognised, in accordance with law, as being charged for the timebeing the duty of maintenance of such institution: |
| Provided that in the event of a dispute inregard to the person who is so charged, the amount shall be paidto the Director of Education concerned. |
24. Certificate of payment of Compensation.
25. Date of payment of instalment.
- The payment of each instalment shall become due on the date noted in the certificate issued under rule 24 or on the next working day if that date happens to be holiday.26. Form of Compensation.
- All Compensation payable under the Act shall be given in cash.27. Enquiries.
- How to be conducted. - All enquiries under the Act, shall, unless otherwise specifically provided therein or in these rules, be conducted:-28. Mode of service of notice or order.
- Every notice or order under the Act or under these rules may be served either by tendering or delivering a copy thereof or sending such copy by post in a cover registered under the Indian Post Office Act, 1898 (Central Act VI of 1898) to the person on whom it is to be served or his authorised agent, or if service in the manner aforesaid cannot, be made, by affixing a copy thereof at his last known place, of residence or at some place of public resort in the village in which the land to which the notice relates is situated.29. Court fee.
- The court fee on applications and appeals under the Act shall be the same as is provided for the time being for application and appeals presented to a Revenue Court, and process fees shall be payable in respect of a notice issued under the Act, as if they were processes issued by a Revenue Court.30. Inspections and Copies .
| Seal of the Court | Signature of Collector |
Part A – Settled villages and lands
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
| (10) Total rent of Sayar realised from unoccupied lands. | ||||
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
| (11) Total rents that would have been payable for land underpersonal cultivation of the landowner fit prevailing rentrates. | ||||
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
| (12) Income from grazing dues. | ||||
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
| (13) Income from forest dues. | ||||
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
| (14) [ Income from irrigation charges of tanks, lakes, ponds,rivers and water channels held for purposes of irrigation. [Inserted by Notification Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.] | ||||
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
| (15) Income from landing grounds or strips. | ||||
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
| (16) Income from Shikargah. | ||||
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
Part B – Unsettled villages and lands.
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
| (6) Total rent or Sayar realised from unoccupied lands onrent-rates prevailing in neighbouring settled villages/lands. | ||||
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
| (7) Total rents that would have been payable for land underpersonal cultivation of the landowner at prevailing rent-rates in the locality. | ||||
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
| (8) Income from grazing dues. | ||||
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
| (9) Income from forest dues. | ||||
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
| (10) Income from irrigation charges of tanks, lakes, ponds,river and water channels held for purposes of irrigation. | ||||
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
| (11) Income from landing grounds or strips. | ||||
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average |
| 1 | 2 | 3 | 4 | 5 |
| (12) Income from Shikargah. | ||||
| 1960-61 | 1961-62 | 1962-63 | Total for three years | Yearly average] |
| 1 | 2 | 3 | 4 | 5 |
2. The required particulars are given below:-
3. I request that the Government may be pleased to make a grant from the Consolidated Fund of the State.
Signature ................Date .......................VerificationI solemnly verify that the statements made in the above application are true to the best of my knowledge and belief; and that I have stated the truth and have not suppressed or concealed any fact.Signature ................Date .......................Form 'D'[See Rule [17] [Substituted by Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.]]Statement of claim for compensation under Section 14(1) of the Rajasthan Land Reforms and Acquisition of Landowners' Estate Act, 1963.Part A – (General) {|
|-| 1.| Name of estate-holder with address| ....................................|-| 2.| Name and description of the estate and name of district| ....................................|-| 3.| Date of vesting of estate (see sub-section (3) of section 7of the Act)| ....................................|-| 4.| Basic year (see clause 1 of the Schedule to Rajasthan Act. 11of 1964)| ....................................|-| 5.| Date of filing of this statement| ....................................|}Part B – (Particulars of Estate) {|
|-| 1.| Names of villages comprised in the estate or in which landsforming part of the estate are situated| ..................................|-|| (i)| S. No.| ..................................|-|| (ii)| Name of village with name of Tehsil| ..................................|-|| (iii)| Whether whole village is held or only a part; and if thelatter, Khasra numbers| ..................................|-| 2.| (i)| Total area of estate including land under personalcultivation of the landowner in Bighas/ acres.| ..................................|}| Occupied | Unoccupied | Total | Cultivated |
| 1 | 2 | 3 | 4 |
| Un-cultivated | Irrigated | Un-irrigated |
| 1 | 2 | 3 |
| (ii) | Area of estate under personal cultivation of landowner | .................................. | |
| 3. | Sanctioned rent-rates | .................................. |
Part C – (Details of Gross Income) {|
|-| 1.| Income from land revenue and rents| ..................................|-|| (i)| From land under personal cultivation of the landowner| ..................................|-|| (ii)| Rent from other tenants (see section 4 of the Act). If therent was not realised in accordance with the cash rent determinedby the Settlement Officer, particulars of the rate at which rentwas realised and if the rent was realised in kind, the share ofproduce should be given| ..................................|-|| (iii)| Revenue or rent received from grantees, if any| ..................................|-|| (iv)| Average income during three years preceding the basic year| ..................................|}| 1st year | 2nd year | 3rd year | Average of 3 years | ||||
| Rs. | P. | Rs. | P. | Rs. | P. | Rs. | P. |
Part D – (Deductions to be made)
Part E – (Particulars of documents is support of the Statement of claim) See sub-section (3) of section 14 of the Act. (Particulars to be given).
Signature ..............Date .........VerificationI verify that the entries made in the statements are correct to the best of my knowledge and belief; and that no other claim has been made or remains to be made on account of the acquisition of my estate.Signature ..............Date .........[Form 'E'] [Form 'E' omitted and Form 'G' renumbered as Form 'E' by No. 2. [1-5-75].](See Rule 20)Form of final order under section 15(2) of Rajasthan Act No. 11 of 1964.1. Name and description of Estate ..............
2. Name and address of landowner ...............
3. Date of vesting ................
4. Basic year ....................
Part I – Income {|
|-| (a)| Income from land revenue and rents determinedin accordance with the provisions of section 4 and 5 of the Act| ..................................|-| (b)| Income from forests calculated on the basis ofaverage yield for 3 years preceding the basic year| ..................................|-| (c)| Income from grazing dues calculated on thebasis of average yield for 3 years preceding the basic year,subject to the provisions of item (c) of clause 2 of the scheduleto the Act| ..................................|-| (d) [] [Re-numbered by Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.]| Income from other non agricultural uses of landcalculated on the basis of average yield for 3 years precedingthe basic year| ..................................|-| (e) [] [Re-numbered by Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.]| Income from conversion of culturable land intoAbadi and vice-versa and from sale of culturable or Abadi landcalculated on the basis of average income therefrom during 20years immediately preceding the basic year| ..................................|-|| Gross income under all heads (a) to (f)| ..................................|-| (f) [ [Inserted by Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.]| Income from irrigation charges realised inrespect of tanks, lakes, ponds, rivers and water channels heldfor purposes of irrigation calculated on the basis of averageincome therefrom for three years preceding the basic year| ..................................|-| (g)| Income from landing grounds or strip calculatedon the basis of average income therefrom for three yearspreceding the basic year| ..................................|-| (h)| Income from Shikargah calculated on the basisof average income therefrom for three years preceding the basicyear]| ..................................|}Part II – Dues & deductions, Net Income {|
|-| (1)| Sums of recurring nature due to the Governmentfrom the landowner for the basic year on account of land revenue,agricultural income-tax, other taxes, rents and cesses| ..................................|-| (2)| Administrative charges inclusive of the cost ofcollection maintenance of land records, management of estate andirrecoverable arrears of rent @ 25% of the gross income| ..................................|-|| Total of items (1) & (2)| ..................................|-| (3)| Net income (total of gross income under allheads minus total of deductions)| ..................................|}Part III – Compensation {|
|-| (1)| Total amount of compensation payable (Netincome multiplied by 7 equal to| ..................................|-| (2)| Arrears of revenue, cesses or other dues inrespect of the estate due from the landowner for any period priorto the date of vesting, including revenue, rent, cesses or otherdues for the agricultural year in which the date of vestingfalls, recovered by the landowner before the said date| ..................................|-| (3)| Net amount actually payable mentioned at S. No.| DateSeal | Compensation Commissioner Rajasthan |
| (1) | Name of applicant with parentage, age and fulladdress | .................................. | |
| (2) | Name of religious/educational/ charitableinstitution/purpose/service for which the grant was made (fullparticulars to be given) | .................................. | |
| (3) | Name and address of the landowner who made thegrant | .................................. | |
| (4) | Date on which the grant was made | .................................. | |
| (5) | Particulars of grant:- | ||
| (i) | Name of village with name of Tehsil and name ofDistrict | .................................. | |
| (ii) | Khevat numbers, if any | .................................. | |
| (iii) | Khasra numbers | .................................. | |
| (iv) | Area in Bighas/acres | .................................. | |
| (v) | Soil-class | .................................. | |
| (vi) | Annual rent | .................................. | |
| (6) | Date of vesting of the estate (see sub-section(3) of section 7 of the Act) | .................................. | |
| (7) | Basic year (see clause 1 of the Schedule to theAct) | .................................. | |
| (8) | Date of submission of this claim for annuity | .................................. | |
| (9) | Name of the person who is at present chargedwith the duty of maintenance of the institution or place ofworship or the performance of the service: and name of authoritywho made the appointment together with particulars of the order | .................................. |
| Date | Signature |
1. Witness
2. Witness
Dated .............Place .............[Form 'G'] [Form T renumbered as Form 'G' by Notification No. G.S.R. 8/F. 6(122) Revenue/Gr. IV/75, dated 1-5-1975; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 1-5-75.](See Rule 22)Notice inviting objections to claim for annuity in perpetuity under clause 6 of the Schedule to Rajasthan Act 11 of 1964.Whereas Shri. .......................... S/o. ................. Resident of.............. Tehsil ............. District............who claims to hold a grant made, before the first day of July, 1959, by Shri. .......... (who is a Landowner, within the meaning of clause (g) of section 2 of the Rajasthan Land Reforms and Acquisition of Landowners' Estates Act 1963 ...............(Rajasthan Act II of 1964) for the maintenance of ............. institution/purpose/service, (full particulars to be given), has applied under clause 6 of the Schedule to the said Act and rule 21 of the Rajasthan Land Reforms and Acquisition of Land owners' Estates Rules, 1964, for an annuity in perpetuity, notice is hereby given to all concerned of the said claim and objections are hereby invited.All objections should be filed in my court on or before.........(date to be mentioned) when the claim will be taken up for determination.Notice is also hereby given to the said ................. landowner, by whom the grant is alleged to have been made, to show cause, on or before the said date, why that part of the estate covered by the alleged grant should not be excluded in assessing the amount of compensation payable for the abolition of the said estate.Take notice that if no objections are filed by the said date, the undersigned will pass suitable orders.Given under my hand and the seal of this court on .............. (date) of the month of............19.....| Seal | Signature |
| Seal | Signature |
| Bill No. ............. | Voucher No. ............. |
| Dated | Signature .........Mutwali/ Trusteeof.................... |
| Countersignature | |
| Countersigned for Rs. | |
| Signature | |
| Collector/Tehsildar |
| For use in Treasury | |
| Pay Rs. ............................... | |
| Examined ............................ | |
| Treasury Accountant | Treasury Officer |
| For Bank | |
| Paid Rs. ................ | Manager Bank |
| For Treasurer | |
| Paid Rs. | Treasurer |
| (1) | Amount of compensation | Rs. ....................... |
| (2) | Annual instalments | Rs. ....................... |
| (3) | Interest payable | Rs. ....................... |
| (4) | Date of payment of each instalment | ............................ |
| (5) | Treasury or Sub-treasury at which theinstalment and interest will be payable ....................... |
| (1) | No. of instalments | 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1920 21 22 23 24 25 26 27 28 29 30 | |
| (2) | Amount of instalments | ||
| (3) | Amount of interest | ||
| (4) | Total of Columns 2 & 3 | ||
| (5) | Date | ||
| (6) | Signature of Recipient. | ||
| (7) | Initial of Treasury Officer or Sub-Treasury Officer | ||
| (1) | The landowner .................................(Name &Address) | ||
| (2) | The Secretary to Government of Rajasthan, Revenue Department,Jaipur. | ||
| (3) | Accountant General, Rajasthan, Jaipur. | ||
| Compensation Commissioner,Rajasthan |