Section 15AAA in Ajmer Abolition of Intermediaries And Land Reforms Act, 1955
15AAA. Accrual of Khatedari Rights in the Indira Gandhi Canal area
(1) Notwithstanding anything contained in Section 15-A,krty person who, at the commencement of this Act(a)was a holder 'of Khudkasht or an occupancy tenant or a Maurusidar or a Khatedar tenant or a tenant with transferable and heritable rights and was recorded as such in the annual registers then current, or(b)was not so recorded, but was a holder of Khudkasht or an occupancy tenant or a Maurusidar or a Khatedar tenant or a tenant with transferable and heritable rights,shall, as from the date of the commence-ment of this Act, be entitled to all the rights, and subject to all the liabilities, of a Khatedar tenant under this Act.(2)Every person claiming that the rights mentioned in clause (b) of sub-section (I) accured to him shall, within one year of the commencement of the Rajasthan Tenancy (Amendment) Act. 1979 and on the payment of a court fee of fifty paisa, apply to the Assistant Collector having jurisdiction, or to any other authority as may be prescribed by the State Government from time to time, for a declaration that he acquired Khatedari rights under clause (b) of sub-section (1) in the land held by him and the provisions of sub-section (5) section 15 shall apply to such application.(2-A) Notwithstanding anything contained in section 15-A, any person who was a holder of Khudkasht or a tenant of land otherwise than as a sub-tenant or a tenant of Khudkasht within the Indira Gandhi Canal area, whether recorded as such at the commencement of this Act or subsequently in the record of rights, prepared during the survey or re-survey and record operations conducted under sections 106 and 107 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act No. 15 of 1956), shall be entitled to all the rights, and be subject to all the liabilities, of a Khatedar tenant under this Act, with respect to the whole or such part of the land held as does not exceed the maximum area of land which he is entitled to hold in accordance with the provisions of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act No. 11 of 1973).(3)Notwithstanding anything contained in sub-section ;I) of section 15-A and save or otherwise provided in sub-section (I)any person who, at the commencement of this Act,(a)was a tenant of land or otherwise than as a sub-tenant or a tenant of Khudkasht and was recorded as such in the annual registers then current, or(b)was not so recorded, but was a tenant of land otherwise than as a sub tenant or tenant of Khudkasht,and was in continuous possession of the land as such tenant upto the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1983, shall, on an application being made in such form and in such manner as may be prescribed to the Assistant Collector having jurisdiction or to any other officer or authority authorised by the State Government in this behalf, within 1426 days of the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1983 i.e. upto 30th June 1987 and be granted Khatedari rights in respect of the land in his tenancy upto the limit of the area which can be held by him under the provisions of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act 11 of 1973), provided he pays to the State Government the reserve price for the land held by him in excess of 25 bighas of irrigated or 50 bighas of un-irrigated land and upto the said limit at the rate prescribed under section 7 read with section 28 of the Rajasthan Colonisation Act, 1954 (Rajasthan Act 27 of 1954) and in force on the date of commencement of Rajasthan Tenancy (Amendment) Act, 1983.Provided that the State Government may, on being satisfied that it is necessary or expedient to do so, extend by notification the period beyond 30th June, 1987, not exceeding six months, up t.) we day as deemed fit.Explanation I For the purpose of grant of Khatedari rights under this subsection, the expression 'tenant' shall include his successor-in-interest but shall not include his transferee.Explanation II where there are two or more co-tenants in a holding on the date of commencement of the Rajasthan Tenancy( Amendment) Act, 1983, all such co-tenants shall, for the purpose of grant of Khatedari rights with respect to the area of land for which no reserve price is to be charged, be deemed to be the sole tenant in that area of the holding.(4)subject to such rules as may be made by the State Government, the reserve price payable under sub-section (3) may be paid by the tenant in sixteen equal instalments of which the first instalment shall be paid along with the application under the said sub-section and the remaining instalments shall, thereafter, be payable on the 1st day of January and 1st day of July of each succeeding year until the entire amount of reserve price is paid of:Provided that where water from the Indira Gandhi Canal is released for irrigation for the first time, after the commencement of the Rajasthan Tenancy (Amendment) Ordinance, 1984, to n e land in which Khatedari rights are granted under sub-section (3), the first instalment of Rs. 500/- shall be paid along with the application under the said sub-section, and the remaining amount shall be payable in sixteen equal instalments on the 1st day of January and 1st day of July of each succeeding year after the expiry of two years from the date of release of water to such land for irrigation:Provided further that nothing in this sub-section shall preclude the tenant from making payment of the whole or part reserve price earlier than that provided in this sub-section(5)Notwithstanding anything contained in sub-section (3), where a tenant pays to the State Government the entire reserve price in one lump sum within the period allowed for making an application under that sub-section, the amount of reserve price payable by him shall be deemed to be 25% less than that provided therein.(6)tenant who fails to pay the reserve price in accordance with sub-section (4) or sub-section (5) shall not be entitled to the grant of Khatedari right under sub-section (3);(7)All applications made by persons, other than those referred to in sub-section (2) but falling within the preview of sub-section (3), before the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1983 for declaration of accrual of or for grant of Khatedari rights in the land held by them at the commencement of this Act and pending before the Assistant Collector or before any other authority prescribed by the State Government under sub-section (2) on such date, shall be treated as applications for the grant of Khatedari rights and be deemed to have been made under sub-section (3) and shall be decided by the officer or authority mentioned in that sub-section in accordance with the provisions contained in sub-section (3) and sub-section (8).(8)Where a person claims himself to be a tenant of land as is referred to in sub-section (3) but was not so recorded in the annual registers current at the commencement of this Act, the question whether he was such a tenant or not shall be decided on the basis of available evidence including the consensus opinion of the Gram Sabha, comprising of all adult persons residing in the village where the land is situated, reduced into writing by the Assistant Collector or any other officer or authority competent under the said subsection to grant Khatedari rights.
