Section 26 in The Rajasthan Colonisation (Indira Gandhi Canal Project Government Land Allotment and Sale) Rules, 1967
26. Conditions of Sale.
- The following shall be the conditions of sale under these rules:-(a)All land sold under these rules shall be subject to the provisions of the Act and of the Rajasthan Colonisation (General Colony) Conditions, 1955 and of these rules.(b)Land may be put up for sale in one lot or in several lots as may be mentioned in the notice and the auctioning authority shall be competent to withdraw any lot or lots from sale without assigning any reason.(c)No land shall be put to sale until the State Government has fixed a Reserved price in that respect. The sale price shall be the Reserved price determined by the State Government or the price offered in open auction, whichever is higher. The State Government reserves to itself the right to revise the reserve price for various categories of land from time to time.[Explanation. - Until the State Government fix the reserved price, the scales of prices as given in Rule 23 shall be deemed to be the reserved price for the purpose of this rule.] [Added w.e.f. 18-12-1967, vide Rajasthan Government Gazette 4-C, Extraordinary, dated 9-8-1968, pages 406-406(3).](d)No person shall be allowed to bid unless he [is a resident of Rajasthan and he] [Added w.e.f. 18-12-1967, vide Rajasthan Government Gazette 4-C, Extraordinary, dated 9-8-1968, pages 406-406(3).]:(i)deposits an earnest money amounting to five percent of the total reserve price of each plot of land in cash. This earnest money shall be refunded on the spot to the unsuccessful bidder on the conclusion of the auction proceedings on that day; and(ii)declares in writing before the officer conducting the auction that he does not hold any land in his own name or in the name of any member of the joint family anywhere in India or if he holds land, the total area of the land already held and of the land that he wishes to purchase at the auction shall not exceed 75 Bighas (three squares).(e)No person shall, at any auction retract from his bid and if any dispute arises, the land shall be put up for auction against the last disputed bid.(f)The highest acceptable offer shall be communicated to the Colonisation Commissioner and the sale shall not be complete unless the offer is accepted by the Colonisation Commissioner:Provided that the Colonisation Commissioner shall not, without the approval of the Government in Colonisation Department, accept an offer unless it is 15% above the reserve price.(g)The State Government in the Colonisation Department or the Colonisation Commissioner as the case may be, reserves the right to reject any bid without assigning any reason therefor or to withdraw any lot or lots from auction at any time without assigning any reasons:Provided that in case of rejection of any bid the Colonisation Commissioner shall also pass an order for the refund of 50% of the purchase price deposited under clause (h) and any other amount which might have been deposited by the bidder towards payment of the purchase price.(h)A sum equivalent to fifty percent of the purchase price shall have to be deposited in cash by the bidder whose bid is to be recommended to the Colonisation Commissioner immediately at the conclusion of the bid, and the balance will be realised in cash before handing over possession of the land.(i)Should any purchaser fail to observe or comply with any of the forgoing conditions, his deposit shall be forfeited to the State Government and the Colonisation Commissioner may have the land re-sold by a public auction, and any deficiency of price which may result on such re-sale shall be made good and paid by the defaulting purchaser.(j)If it is discovered at any time that the declaration referred to in clause (d) (ii) is false, the land in excess and if the purchaser fails to cultivate the land personally, the entire land sold, may be resumed by the Collector without payment of any compensation.
