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[Cites 0, Cited by 0] [Section 13A] [Entire Act]

State of Rajasthan - Subsection

Section 13A(1) in The Rajasthan Colonisation Act, 1954

(1)Notwithstanding anything contained in Section 13, or in any other provisions of this Act or in the rules made or statement of conditions issued thereunder, but subject to Section 42 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955), where any transfer or sub-lease has been made or any charge has been created by a tenant in whom khatedari rights have vested by or under this Act in contravention of sub-Section (1) of Section 13 at any time before the commencement of the Rajasthan Colonisation (Amendment) Act, 1983, such transfer, sub-lease or charge may, on an application being made to the Collector in this behalf in such form as may be prescribed and within [1425 days of such commencement i.e. upto 30.6.1987] [Substituted by Rajasthan 2 of 1987 [3.1.1987].] by the transferor, lessor or as the case may be, the person creating the charge or by the purported transferee, sub-lessee or, as the case may be, charge holder or by any subsequent purported transferee, sub-lessee or, as the case may be, charge holder, be declared, after holding such enquiry as he deems proper, as valid by him subject to any of such persons as aforesaid making payment to the State Government [by way of compounding fee] [Substituted by Rajasthan 2 of 1987 [3.1.1987].], in the case of irrigated land of an amount of Rs. 20,000/- per 25 bighas and in the case of barani or uncommand land of an amount of Rs. 4,000/- per 25 bighas or of an amount equal to the allotment price of the land prescribed by the State Government in the statement of conditions issued under sub-Section (2) of Section 7 or in any rule made under this Act and in force on such commencement, whichever is less [in four equal installments as follows:-
(a) in the case of an application made upto 31.12.1984:   the first, second, third and fourthinstallments shall be payable respectively on 31.12.1984,30.6.1985, 31.12.1985 and 30.6.1986;
(b) in the case of an application made after31.12.1984 but before the date of publication in the OfficialGazette of the Rajasthan Colonisation Ordinance, 1986 i.e. before3.1.1987:   the first installment shall be payable withinfifteen days from the date of such publication and the second,third and fourth installments shall be payable respectivelywithin fifteen days, six months and one year from the date of theorder of the Collector; and
(c) in the case of an application made on or after the date ofsuch publication:   the first installment shall be payable alongwiththe application and the second, third and fourth installmentsshall be payable within the periods specified for suchinstallments in clause (b):
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 [five years and six months] [Substituted by Rajasthan 2 of 1987 [3.1.1987].], upto the day as deemed fit]:[Provided further that where] [Substituted by Rajasthan 2 of 1987 [3.1.1987].] any of the aforesaid persons pays to the State Government the entire compounding fee in one lump sum along with his application and within the period specified in this sub-section, the amount of compounding fee payable by him shall be deemed to be 25% less than that provided therein.[Provided also that the State Government may, on being satisfied that it is necessary or expedient to do so in the public interest, extend by notification the period beyond 31st December, 1992 upto the day as deemed fit:Provided also that on the applications received during the period extended under the preceding proviso the transfer, sub-lease or charge shall be declared valid only on the condition that the applicant shall, in addition to the compounding fee payable under this sub-section, be also liable to pay interest at the rate of eighteen per cent per annum on the amount of the compounding fee for the period from 1st January, 1993 to the date of application.] [Inserted vide Notification No. F. 2(29) Vidhi/2/95, dated 22.11.95-Rajasthan Gazette, Extraordinary, Part IV-A, dated 22.11.95, page 129(1) = 1996 RSCS/Part II/page 30/H. 5.][(1-A) Where an allottee, in whom khatedari rights have not been vested, even after seven years of allotment, under condition 9 of General Colony Conditions, has transferred the land allotted to him or any right therein, in contravention of sub-Section (1) of Section 13 of this Act, before the commencement of the Rajasthan Colonisation (Amendment) Ordinance, 1988 (Ordinance No.9 of 1988), the Collector, on receiving an application from the allottee and the purported transferee in this behalf, in the prescribed form, within 297 days of the commencement of the Rajasthan Colonisation (Amendment) Ordinance, 1988 (Ordinance No.9 of 1988) or within such period, as may be extended by the Government from time to time, may, subject to the provisions of Section 42 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act No.3 of 1955), declare such transfer valid after holding such enquiry as he deems proper subject to payment of all dues of the State Government by the transferee and also subject to the payment of a sum of Rs. 50,000/- per 25 bighas to the State Government in case of irrigated or command land and a sum of Rs. 10,000/- per 25 bighas in case of barani or uncommand land in four half yearly equal installments. Such transferee, shall thereafter be entitled to khatedari rights under the Rajasthan Tenancy Act, 1955 (Rajasthan Act No.3 of 1955):Provided that where any of the aforesaid person pays to the State Government the entire compounding fee in one lump-sum alongwith his application and within the period specified in this sub-section, the amount of compounding fee payable by him shall be deemed to be 25% less than provided therein.Explanation. - For the purposes of this sub-section,-
(a)"allottee" means the person to whom land has been allotted on price under the rules made under this Act; and
(b)"dues" in relation to the land allotted, shall include unpaid price of such land and such other dues as are required under law to be paid by the allottee.]