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State of Rajasthan - Act

The Rajasthan Land Revenue (Partition) Rules, 1957

RAJASTHAN
India

The Rajasthan Land Revenue (Partition) Rules, 1957

Rule THE-RAJASTHAN-LAND-REVENUE-PARTITION-RULES-1957 of 1957

  • Published on 1 January 1957
  • Commenced on 1 January 1957
  • [This is the version of this document from 1 January 1957.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Rajasthan Land Revenue (Partition) Rules, 1957Published vide Notification No. F. 8 (108) Revenue 11/57In exercise of the powers conferred by clause (xxv) to (xxxvii) of sub-section (2) of section 261 read with Sections 197, 203 and 223 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act No. 15 of 1956), the State Government is hereby pleased to make the following rules, namely: -Preliminary

1.

(1)These rules may be called the Rajasthan Land Revenue (Partition) Rules, 1957.
(2)They shall extend to the pre-reorganisation State of Rajasthan excluding the sub-division of Sironj.
(3)They shall come into force on the date of their publication in the Rajasthan Gazette.

2.

In these rules unless the subject or context otherwise requires-"the Act" means the Rajasthan Land Revenue Act, 1956 (Rajasthan Act No. 15 of 1956).Rules to give effect to the provisions of Section 197.Determination of principles and conditions of valuation.

3.

In making a partition, the Collector shall, subject to the provisions of sections 209 and 210 of the Act, first allot to the applicant such lands (if any) as are held by him as his Sir. Khudkasht or Hawala within the meaning of clause (23) of Section 5 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act No. 3 of 1955), or in severally and then so much of the lands held in common (if any as shall give him, as far as may be a portion of the estate proportionate in value to his share therein, unless there is any recognised village custom to the contrary, or the parties agree otherwise.

4.

(1)In making an estimate of the value, the Collector shall bear in mind that the object of valuation is not to arrive at the State value of the land, but to make a just estimate of the value of plots relatively to one and other.
(2)If the village is a settled village the assessment statement of the village and of the estate to be partitioned shall be studied and the valuation shall as far as possible, be based in the general principles followed in calculating the assets as settlement. When the settlement is fairly recent and conditions have not changes, the settlement rent-rates may be adopted as the basis of valuation with modifications for such minor changes as may have occurred, such as in tenant's rights.
(3)If there have been important changes since settlement, such as introduction of canal irrigation the settlement soil classification may be revised and new rates worked out.The parties may, however, be asked to suggest their own soil classification and rates on the basis of the principal crops grown in each field.
(4)Where the parties consider the recorded rental as reasonable accurate, such rental may be taken as a basis of valuation.
(5)Where there is a likelihood of early enhancement of rent, such as when the construction of a canal is likely to convert dry land into one this is irrigable, that fact shall be taken into consideration.
(6)In case in which the rent of each individual plot is not given in the patwari papers, but only the whole rent of the holding is mentioned, the former may be worked out with the help of the settlement rates.

5.

If the parties have accepted the recorded rental as the basis of valuation under sub-rule 4, the valuation of the area to be partitioned shall be worked out on the basis of new rates evolved from the present rent, but if they have accepted the settlement rates with or without modifications under sub-rule (2) of rule 4 such rates shall be applied on the lines indicated below:
(a)Sir, Khudkasht or Hawala should ordinarily be valued as Khatedari tenancy. In exceptional cases the valuation or Sir. Khudkasht or Hawala against which rent is entered in the Patwari's papers may be based on such rent, if the latter be admitted by the party to be genuine.
(b)Grain-rented land, if not situated in a precarious tract (Cl. 3rd proviso to section 175 of the Act), should be valued like Khatedari tenancy, but if situated in a precarious tract, the rate should be suitable reduced with reference to the special grain rates, if any framed by the Settlement Officer for such tract.
(c)Rent-free land if no service tenure (Khidmati) should be valued like Khatedari tenancy, but if given in charity (Khairati) it should be valued at a nominal rate to be agreed upon by the parties.
(d)As between the superior proprietor and under-proprietor land may be valued on the basis of the actual rent payable by the under proprietor to the superior proprietor minus the revenue, or in such manner as the parties may show to be fair.

6.

Un-cultivated land (with the exception of new fallow or Parat Jadid which unless situated in a precarious tract should be valued like Khatedari tenancy) should ordinarily be divided on the basis of area in proportion to shares, but if such division impairs the fairness of the partition or is considered undesirable for any other reason, it may be divided on the basis of valuation on the lines indicated below:-
(1)Old fallow (Parat Qadeem), culturable waste (Banjar), tanks, barren lands, village track etc. should ordinarily be valued at the rate of the soil class next lower to that in which it has been placed, but to suit particular cases, the rate may be modified according to the average annual income or other advantages derived from it. and to the possibility of its being brought under cultivation. If such land has been placed in the lowest soil class, the rate may be suitably reduced.
(2)Grove-lands as defined in clause (15) of section 5 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) should be valued according to the average annual income or other advantages derived therefrom.Rules to give effect to the provision of section 203, Estimate and levy of partition costs.

7.

The costs of partitions include-
(1)The court-fee stamp required for the application for partition:
(2)The court-fee stamps required as process-fees for the service of copies of the proclamation tinder section 122 of the Act, on each of the recorded co-shares who have not joined in the applications.
(3)The costs of copies filed by the applicant, including court- fee stamps affixed thereto:
(4)The cost of actual partition, including the cost of employing an amin or temporary assistant to the patwari:
(5)the costs of any survey found necessary during the proceedings and similarly of any boundary pillars, if any particular co-sharers have not been held separately liable for them:
(6)the costs of fees for notices or processes, where these are specifically chargeable and recoverable:
(7)The costs of the general stamps on the instrument of partition levied under Act 45. of the Schedule 1 of the Indian Stamp Act. 1899:
(8)The cost of the survey shall be calculated at Rs. 25/- per one hundred acres of total area and for the survey of the village-site at the rate of Rs. 8/- per acre or per one hundred houses, whichever is greater.

9.

The cost of the actual partition shall be calculated on the basis of the pay of the Amin, or other officer employed, that is to say in the case of an Amin, his actual pay and in the case of patwari, his pay as Patwari plus 75 per cent.

10.

(1)The amount of the costs payable in a case shall be estimated when the preliminary or passed by the Collector under section 198 of the Act becomes final and one-half of the costs so estimated shall be levied before on officer is deputed to the work.
(2)When the case is complete, the amount shall be adjusted by levy or; if necessary refund of amount by which the costs already paid fall short of or exceed the costs as finally determined.
(3)In the case of an application for partition which the parties are allowed to withdraw before partition is completed, the costs incurred in the case up to the withdrawal shall be paid by the parties. These costs shall be estimated and adjusted by levy or refund in the same manner as in a case which is carried to completion.

11.

No costs whatever shall be levied except as provided by the preceding rules.

12.

Upon the termination of the partition proceedings the costs of partition shall be adjusted between the parties in proportion to their shares unless expression directed otherwise by such proceedings.Rules to give effect to the provisions of Section 223, Division of estate between Government and estate holder.

13.

In submitting his proposals for the division of an estate between its holder and the Government under Section 223 of the Act, the Collector shall have regard to the provisions 208, 210, 211, 212, 213 of the Act and to rules 3 to 6 of these Rules which shall, mutatis mutandis, apply to the division of an estate between its holder and the Government.