[Cites 0, Cited by 0]

State of Rajasthan - Act

The Rajasthan Colonisation (Indira Gandhi Canal Project Government Land Allotment and Sale) Rules, 1967

RAJASTHAN
India

The Rajasthan Colonisation (Indira Gandhi Canal Project Government Land Allotment and Sale) Rules, 1967

Rule THE-RAJASTHAN-COLONISATION-INDIRA-GANDHI-CANAL-PROJECT-GOVERNMENT-LAND-ALLOTMENT-AND-SALE-RULES-1967 of 1967

Published on 18 July 1967
Commenced on 18 July 1967
[This is the version of this document from 18 July 1967.]
[Note: The original publication document is not available and this content could not be verified.]

The Rajasthan Colonisation (Indira Gandhi Canal Project Government Land Allotment and Sale) Rules, 1967Published vide Notification Rajasthan Government Gazette Extraordinary, 4-C, dated 18-7-1967, pages 773-790Preliminary

1. Short Title, extent and commencement.

(1)These rules may be called the Rajasthan Colonisation (Indira Gandhi Canal Project Government Land Allotment and Sale) Rules, 1967.

(2)They extend to the whole of the command and uncommand area of the Indira Gandhi Canal consisting of villages to which the Rajasthan Colonisation Act, 1954 (Act No. XXVII of 1954) has been applied by the State Government under clause (ii) of section 2 of the said Act and will extend to such other areas to which the said Act may hereafter be applied from time to time.

(3)They shall come into force on the date of their Publication in the Rajasthan Rajpatra.

2. Interpretation.

- In these rules, unless there is anything repugnant in the subject or context:-

(i)"Act" means the Rajasthan Colonisation Act, 1954 (Rajasthan Act No. XXVII of 1954).

(ii)"Allotting Authority" means the Collector as defined in section 2 (i) of the Act.

(iii)"Colonisation Commissioner" means an officer appointed by the State Government to exercise the powers and to perform the functions of the Colonisation Commissioner.

(iv)"Assistant Colonisation Commissioner" means an officer appointed by the State Government as such or a Sub-Divisional Officer of the Revenue Department where the Colonisation work is not operated by the Colonisation Department of the State Government.

(v)"Colony Tehsildar" means an officer appointed by the State Government as such or a Tehsildar appointed under sub-clause (ii) of clause (a) of section 20 of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) where the Colonisation work is not operated by Colonisation Department of the State Government.

(vi)"Colony Naib-Tehsildar" means an officer appointed by the State Government as such or a Naib Tehsildar appointed under sub-clause (ii) of clause (c) of section 20 of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) where the Colonisation work is not operated by the Colonisation Department of the State Government.

(vii)"Command Land" means land shown as such by the Irrigation Department of State Government in their command statements with reference to the Indira Gandhi Canal Irrigation Project.

(viii)"Government Land" means and includes all lands belonging to or vesting in the State Government except those in which Khatedari rights have been acquired or conferred upon any person under the provisions of any law for the time being in force.

(ix)"Landless tenant" means a bonafide agriculturist by profession who is resident of Rajasthan since before the 1st April, 1955, and who cultivates or can reasonably be expected to cultivate land personally but who does not hold any land, whether in his own name or in the name of any member of his joint family, anywhere, and who is not a sub-tenant of any land, owner or land-holder holding tenure khata under proprietary, Mourusi or Khatedari rights and is not liable to ejectment under the provisions of the Rajasthan Tenancy Act, 1955 or under any other law for the time being in force in the area in which the land is situate or who holds only a fragment, [on land measuring less than 15 bighas.] [Inserted vide Rajasthan Government Gazette IV-C, Extraordinary, date 9-8-1968, page 406. The amendment shall always be deemed to have been made w.e.f. 18-12-1967.]

(x)"Resident of Rajasthan" means a person who has been continuously residing in Rajasthan since before 1st April, 1955 and who is certified as such by an officer of the Colonisation Department not below the rank of Assistant Colonisation Commissioner having jurisdiction in the area on the basis of evidence to be recorded by him.

(xi)"Tenure land", "Tenure Khata" and "Tenure Tenant" respectively mean land held under proprietary, mourusi and Khatedari rights, khatas comprised of such land, and a person holding such land under all or any of the aforesaid tenures.

(xii)"Bhakra landless" means landless tenant as defined in sub-rule (vi) of Rule 2 of the Rajasthan Colonisation (Bhakra Project Government Lands Allotment and Sale) Rules, 1955 who was eligible to allotment of land under the said rules but who could not be allotted land to Bhakra Project Area.

(xiii)[xxx] [Deleted with retrospective effect [18-12-1967] vide Rajasthan Government Gazette IV-C, Extraordinary, dated 9-8-1968, page 406.]

(xiv)"Gram Panchayat" and "Panchayat Samiti" will respectively have the same meaning as is assigned to these expressions by the Rajasthan Panchayat Act, 1953 (Act No. 21 of 1953) and the Rajasthan Panchayat Samitis and Zila Parishad Act, 1959 (Act No. 37 of 1959) and which forms part of the Colony to which these rules apply.

(xv)[ "Advisory Committee" means a committee formed under Rule 12-A.] [Inserted vide Notification Published in Rajasthan Gazette, Extraordinary, Part IV-C, dated 9.8.1968 page 406 (w.e.f. 18-12-1967).]

3. Powers of colonisation officer.

- The Colonisation Commissioner, Assistant Colonisation Commissioner, Colony Tehsildar and Colony Naib Tehsildar, will exercise the powers conferred and perform the functions imposed on them by these rules and such other powers with which they may be invested under section 6 of the Act.

4. Application of general colony conditions.

- The Rajasthan Colonisation (General Colony) Conditions, 1955 issued under sub-section (2) of section 7 of the Act, shall apply to all allotments and sales of land made under these rules.

5. Preparation of list of Government Lands.

(1)The allotting authority shall prepare a village-wise/Chak-wise list of all Government lands in Form I.

(2)He shall then divide the land into following classes:-

(a)Command,

(b)Uncommand,

(c)Ghair Mumkin.

6. Reservations.

(1)The State Government may reserve land in any irrigation system for all or any of the following purposes:-

(i)Central or State Government mechanised farms.

(ii)Farms to be established by the Agriculture Department.

(iii)Cattle Breeding Farms to be established by the Animal Husbandry Department.

(iv)Re-settlement of Disabled service personnel, and dependents of Deceased defence Personnel, killed in a action in NEFA and Ladakh, Rann of Kutch, Pakistan hostilities in Punjab, Rajasthan, Jammu and Kashmir and Gallantry award holders.

(v)Resettlement of ex-jagirdars and Bhakra landless tenants.

(vi)Allotment to Landless tenant of Schedule Caste, Schedule Tribes and other landless tenants.

(vii)[ Allotment to unemployed Graduates in Agriculture (including "Graduates in Agricultural Engineering)] [Added by notification No. F. 22 (54) Revenue/Colo/64 dated 2-6-1970 vide GSR 20-Rajasthan Gazette, Extraordinary, Part IV-C, dated 2-6-1970, page 79 to 82.].

(2)The allotting authority may reserve Government lands required for:-

(i)Village abadis, Johars, tanks or other public purposes, and

(ii)allotment for Panchayat Samitis of the Colony, and soil Conservation Schemes of the Rajasthan Government.

7. Extent of Reservation of Land for allotment and sale.

(1)The extent of reservation of land for different purposes and sale by auction respectively in all irrigation systems upto the end of Anoopgarh Shakha in Indira Gandhi Canal Project area shall be as under:-A. Reservation For Allotment:

(i)For farms to be established by the Agriculture Department up to 1,000 acres.

(ii)For the cattle breeding farms to be established by animal husbandry Department up to 500 acres.

(iii)For resettlement of disabled service personnel and dependents of Deceased Defence personnel killed in action in NEFA and Ladakh, Rann of Kutch, Pakistan hostilities in Punjab, Rajasthan sthan, Jammu & Kashmir and the Gallantry Award holders up to 10,000 acres.

(iv)For five Panchayat Samitis in the Indira Gandhi Canal Project area and the agricultural farms established by them upto 1,000 acres.

(v)For displaced Agriculturists and ousters up to 85,000 acres.

(vi)For Ex-Jagirdars up to 25,000 acres.

(vii)For Bhakra landless tenants up to 35,000 acres.

(viii)For temporary lease holders since prior to 15-10-1955 up to 2.87 lakh acres.

(ix)For village abadis, Johars, tanks and other public purposes up to 5, 000 acres.

(x)For landless tenants belonging to Scheduled Castes and Scheduled Tribes up to 1 lakh acres to be allotted at the rate of 15 bighas per family.

(xi)For other landless tenants up to 50,000 acres to be allotted at the rate 15 bighas per family.

(xii)[ For unemployed graduates in Agriculture (including unemployed Graduates in Agricultural Engineering) up to 3125 acres] [Added by notification No. F. 22 (54) Revenue/Colo/64 dated 2-6-1970 vide GSR 20-Rajasthan Gazette, Extraordinary, Part IV-C, dated 2-6-1970 page 79 to 82.].

B. Reservation For Sale:

(1)Remaining land left providing for reservations for allotment under sub-para (A) shall be sold by public auction.

(2)Out of the total cultivable Government land available for disposal under these rules in irrigation systems other than those covered by sub-rule (1), 50% land shall be reserved for allotment under Rule 6 and the remaining 50% shall be sold by public auction.

8. Terms of Allotment.

(1)

(a)Subject to the provisions contained in the Act, these rules and the terms and conditions specified in the Rajasthan Colonisation (General Colony) Conditions, 1955, allotments of Government lands under these rules shall be on permanent basis, the allottee being eligible ultimately to the conferment of khatedari rights subject, however, to special terms and conditions, which might hereafter be imposed by the Government.

(b)All allotments of Government land made in the Indira Gandhi Canal Project area before the commencement of these rules on a permanent basis, irrespective of the area allotted to each allottee, shall be deemed to have been made under these rules and the allottee shall be liable to the payment of price of such land at the rates provided for in Rule 1(23).

(2)

(a)No person shall be entitled as of right to allotment of land or to a grant or to become a tenant under these rules and to the acquisition of tenancy rights and the Government of Rajasthan reserves to itself and retains absolute discretion in the selection of tenants for allotment in respect of the lands in a colony.

(b)Notwithstanding anything contained in these rules the Government reserves to itself the right of resewing any land for any special or specified purpose or to order its allotment to one class of persons or tenants in preference to any other class of persons or tenants.

9. Conditions of Old Leases.

- With effect from the date of commencement of these rules, all leases of Government land in the Colony area falling within any of the Classes mentioned below and granted before such commencement shall be deemed to have terminated and all the lands covered by such leases shall revert to the Government:-

(i)[ Leases of lands granted under "Grow More Food and Fodder Campaign or for any other specific purpose, if their term has expired or the same have not been wholly cultivated or put to use to full extent for the specific purpose for which they were granted. [Substituted with retrospective effect (18-12-1967) vide Rajasthan Government Gazette IV-C Extraordinary, dated 9-8-1968, page 406.]

(ii)All post-1955 temporary cultivation leases.]

10. Procedure for Allotment.

- The allotting authority may, from time to time, fix such time and date as it may deem proper during which it shall take up allotment of Government lands situated in the Colony or for reserving them for any specific purpose or class of persons or tenants and such dates may be for different areas or for different purposes or different classes of persons or tenants.

11. Issue and publication of a Public Notice inviting Applications for Allotment.

(1)The allotting authority shall before taking up the allotment in any particular area issue under its signatures a public notice in Form II inviting applications for allotment from landless tenants within a time fixed therein.

(2)Copies of the said public notice shall be affixed on the notice board of the office of the allotting authority and office of the tehsil concerned and in a conspicuous place in the village concerned and they shall also be proclaimed by beat of drum in the village or villages in which lands to be allotted are situate.

12. Application for Allotment of land and their Disposal.

(1)[Within the time fixed in the public notice under sub-rule (2) of Rule 11 or such further time as may, from time to time, be extended by the Allotting Authority] [Substituted with retrospective effect (18-12-1967) vide Rajasthan Government Gazette IV-C Extraordinary, dated 9-8-1968, page 406.], any person, eligible to allotment of Government land on permanent basis under these rules, may submit to the Colony Tehsildar of the area an application in writing in Form III for such allotment.

(2)The Colony Tehsildar shall, on receipt of an application for allotment:-

(a)immediately register it in a register to be maintained in the Tehsil in Form IV and issue to the applicant a receipt in Form V, and,

(b)scrutinise these applications and verify the particulars mentioned in the application with reference to relevant entries in the land records and may also conduct such enquiry as may be necessary as regard the rights and eligibility of the applicant for allotment under these rules.

(3)The Colony Tehsildar shall submit within three months from the receipt thereof, all applications with his reporting each of them to allotting authority through the Assistant Colonisation Commissioner of the area or through such other officer as the Government or the Colonisation Commissioner may, with the previous sanction of the Government, from time to time appoint in this behalf.

(4)[ The Assistant Colonisation Commissioner having jurisdiction shall scrutinise the applications submitted to him by the Colony Tehsildar and shall forward them to the Allotting Authority with his recommendation for acceptance or rejection as the case may be giving reasons therefor,] [Substituted with retrospective effect (18-12-1967) vide Rajasthan Government Gazette, IV-C, Extraordinary, dated 9-8-1968, page 406.][x x x] [Deleted with retrospective effect (18-12-1967) vide Rajasthan Government Gazette, IV-C, Extraordinary, dated 9-8-1968, page 406.]

(5)[ Applications received after due date shall be rejected without consulting the Advisory Committee.] [Substituted with retrospective effect (18-12-1967) vide Rajasthan Government Gazette, IV-C, Extraordinary, dated 9-8-1968, page 406.]

12A. [ Allotments to be in consultation with the Advisory Committee. [Added with retrospective effect (18-12-1967) vide Rajasthan Government Gazette, IV-C, Extraordinary, dated 9-8-1968, page 406.]

(1)All allotments shall be made by the Allotting Authority in consultation with an Advisory Committee consisting of:-

(a)the member of the Rajasthan Legislative Assembly in whose constituency the land is situated,

(b)the Pradhan of the Panchayat Samiti in whose jurisdiction the land is situated,

(c)the Sarpanch of the Gram Panchayat in whose jurisdiction the land is situated, and

(d)a representative of the Scheduled Castes or Scheduled Tribes as may be nominated by the Government if there is no representation of the said castes or tribes in the Advisory Committee.

(2)The Allotting Authority shall give to the members of the Advisory Committee at least one week's notice of the date of meeting:Provided that if any member of the Advisory Committee fails to attend on the date fixed despite service of notice, the allotting authority shall carry on the work of allotment in consultation with such of the members as attend the meeting.Explanation. - The notice of the date of meeting shall be served in the manner prescribed in the Revenue Courts Manual for the service of summons or notices:Provided that if the service is not possible in the aforesaid manner, the notice shall be sent under a postal certificate or by registered post.

(3)The Allotting Authority and the members of the Advisory Committee shall meet at the Head Quarters of the Allotting Authority or at any other place as may be decided by the Allotting Authority.

(4)The minutes of the meetings of the Advisory Committee shall be recorded by the Allotting Authority and signed by the members present and if there is a difference of opinion, the opinion of each member attending the meeting shall be recorded by the Allotting Authority. In case of difference of opinion between the members of the Advisory Committee and the Allotting Authority, the latter shall record his reason and pass final orders rejecting or granting the application Tor allotment.

(5)Separate lists of persons whose applications have been granted or rejected shall be affixed on the notice board of the Allotting Authority on the very day of the order and such publication of list shall be deemed to be a sufficient notice to the applicants of the order for all purposes:Provided that the Allotting Authority shall not proceed with the execution of such orders granting or rejecting any application until the expiry of 15 days from date of publication as aforesaid.]

13. Disclosure of Information by the persons applying for Allotment.

- (i) A person applying for allotment of Government land shall be required to file with his application an affidavit duly certified by a Magistrate or an Oath Commissioner appointed by the Board of Revenue giving true information therein on the following points:-

(a)permanent place of his residence and the place where he ordinarily resides and earns his livelihood specifying the name of the Village Tehsil, District and State;

(b)whether he is a landless tenant or whether he or any member of his joint family has in his name a tenure Khata of land held under proprietary, mourusi or Khatedari rights in the village or at any other place. In the latter case, class of land i.e. irrigated or barani, its area, tenure, and location shall be specified in detail; and

(c)such other information as contained in the application in Form III.

(ii)A person claiming allotment of Government land on the strength of any special lease granted to him in the past such as "Grow More Food Campaign" shall furnish full details of his lease claim together with certified copies of documents, if any, supporting his claim.

14. Persons eligible to Allotment of Government Lands.

- The persons eligible to allotment of Government lands under these rules shall be.-

(a)landless tenants including landless tenants belonging to Schedule Caste and Scheduled Tribes.

(b)Bhakra landless tenants, and

(c)Panchayat Samitis,

(d)[ Unemployed Graduates in Agriculture (including unemployed Graduates in Agricultural Engineering).] [Added by notification No. F. 22 (54) Revenue/Colo/64 dated 2-6-1970 vide GSR 20, Published in Rajasthan Gazette, Extraordinary, Part IV C(I) dated 2-6-1970 page 79 to 82.]

15. Priorities of Allotment.

(a)The priorities for allotment to the landless tenants shall be in the following order:-

(1)Landless of the same Village.

(2)Landless of the same Tehsil.

(3)Landless of the same District..

(4)Landless of the contiguous [district] [Substituted with retrospective effect [18-12-1967] vide Rajasthan Government Gazette 4-C, Extraordinary, dated 9-8-1968 pages 406-407 (3).] or districts of Rajasthan.

(5)Landless of other districts of Rajasthan :Provided that from amongst persons of the same category the one residing in that area from an earlier date shall have preference over a person residing from a later date.

(b)Priorities for allotment amongst tenants belonging to the same category shall be first come first served:

Provided that if more than one applicant has applied for allotment of the same plot on the same day, allotment shall be made by drawing lots.Explanation. - Where there are more than one applicant of the same class for a small piece of land measuring 3 Acres or less, it shall be allotted by auction to the highest bidder from amongst all such applicants of land contiguous to such small patch. The auction shall be for the premium to be paid over and above the price and the premium will be liable to be paid in cash immediately after the auction bid is sanctioned in favour of the bidder. No person will be allowed to bid unless he has deposited Rs. 5/- (Rupees five) only per Bigha, as earnest money:[Provided that if the small piece of land is surrounded by only one field, it shall not be auctioned but shall be allotted to the applicant holding such field at market rate prevalent in the area.] [Added by notification No. F. 22 (54) Revenue/Colo/64 dated 2-6-1970 vide GSR 20, Published in Rajasthan Gazette, Extraordinary, Part IV C(I) dated 2-6-1970 page 79 to 82.]

(c)[ Priorities for allotment amongst unemployed Graduates in Agriculture (including unemployed Graduates in Agricultural Engineering) shall be first come first served.] [Inserted with retrospective effect [18-12-67] vide Rajasthan Government Gazette 4 C, Extraordinary, dated 9-8-1968 pages 406-407 (3).]

16. Allotment to Joint Families.

- A joint family shall, for the purposes of existing holdings and of allotment of land under these Rules, be deemed to be one person and dealt with accordingly. No separation or partition effected after the 15th October, 1955 will be taken into consideration.

17. Share of Co-tenant in the Joint Khata.

- When a khata is held jointly by two or more persons, for purposes of computing areas held by each co-tenant or area to the allotment of which each of them is eligible, such co-tenant shall be deemed to be in possession of such area of the joint khata only as falls to his share.

17A. [ Allotment of Land for unemployed Graduates in Agricultural including unemployed Graduates in Agricultural Engineering. [Added by Notification No. F. 22 (54) Revenue/Colo/64, dated 2-6-1970 vide G.S.R. 20, Published in Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 2-6-1970, pages 79 to 82.]

- Notwithstanding anything contained in these rules allotment of land to unemployed Graduates in Agriculture (including unemployed Graduates in Agricultural Engineering) shall be made in the following manner:-

(a)An unemployed Graduate in agriculture (including unemployed in agricultural Engineering) shall submit his application for allotment under these rules in Form VII to the Director of Agriculture, Rajasthan who shall immediately register it in a registered maintained for the purpose and issue to the applicant a receipt of bearing serial number along-with the date on which the application was submitted to him.

(b)The Director of Agriculture shall send to the Colonisation Commissioner such applications, duly certified by him and stating that the applicant has been selected by him for allotment of land in the Indira Gandhi Canal Project area.

(c)The Colonisation Commissioner shall keep a copy of the application in his office and forward the same to the concerned Allotting Authority for Allotment of land.

(d)The Allotting Authority shall allot each applicant 25 bighas of Command land (one murabba) out of the area reserved for such persons on the terms and conditions as laid down in these rules for other allottee.

(e)The Unemployed Graduate in Agriculture or Agricultural Engineering, as the case may be, who has been allotted land under these rules, shall take possession of the land within one month of such allotment and in case of his failure to take possession of the land within the period, the allottee shall be deemed to have declined the allotment and the land shall thereafter be available for re-allotment to any other unemployed graduate in Agriculture or Agricultural Engineering, as the case may be, under this rule.

(f)The Allotting Authority shall grant a certificate of giving over of possession to the unemployed Graduate in Agriculture or Agricultural Engineering, showing details of the land given under this rule. A copy of the certificate shall also be forwarded to the Colonisation Commissioner and the Director of Agriculture for record.

(g)The unemployed Graduate in Agriculture or Agricultural Engineering, as the case may be, shall use the land allotted to him for personal cultivation and he shall not be allowed to transfer, sub-let or mortgage it to any other person except to mortgage it to a Land Mortgage Bank or any other financial institution approved by the Government for the purpose for obtaining loans for agricultural purposes in relation to the said land. In case such Graduate is employed within five years of the date of allotment anywhere, the land allotted shall be resumed to the Government and all instalments recovered shall be refunded but compensation shall be given for the expenditure incurred by the allottee on the development of the land.]

18. Persons not eligible to Allotment of Government Land.

- No allotments of Government land shall be made to any of the following classes of tenants :-

(i)A sub-tenant or a [land-holder] [Substituted by Notification No. F. 22 (54) Revenue/Col./64, dated 2-6-1970 vide G.S.R. 20, Published in Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 2-6-1970 pages 79 to 82.] tenure khatas under proprietary, mourusi or Khatedari rights, who [holds] [Substituted by Notification No. F. 22 (54) Revenue/Col./64, dated 2-6-1970 vide G.S.R. 20, Published in Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 2-6-1970 pages 79 to 82.] 25 bighas or more of land in his sub-tenancy and is not liable to ejectment from his subtenancy under the provisions of the Rajasthan Tenancy Act, 1955 or any other law for the time being in force, in the area.

(ii)A tenant who has transferred his holding or a part thereof, so as to make it uneconomic, after 15-10-1955 and has become landless on account of such transfer.

19. Extent of Allotment.

(a)Government lands in the Indira Gandhi Canal Project Colony, shall be allotted to the following different categories of tenants in the scale shown against each of them:-

(i)	Bhakra landless tenants	(i)	15 bighas in each case.
(ii)	Panchayat Samitis	(ii)	75 bighas of Irrigated land.
(iii)	Landless tenants including landless tenants of ScheduledCastes and Tribes.	(iii)	15 bighas of command land in each case.
(iv) [ [Added by Notification No. F. 22 (54) Revenue-colo/64, dated 2-6-1970, vide G.S.R. 20, Published in Rajasthan Gazette, Extraordinary, Part IV-C(I) dated 1-6-1970, pages 79 to 82.]	Unemployed Graduates in Agriculture (including unemployedGraduates in Agricultural Engineering)	(iv)	25 Bighas of Command land in each case.]

Tenure tenants who hold land less than 15 bighas in their khatas and the whole or part thereof is with a sub-tenant, not liable to ejectment, shall be allotted so much of Government land as would render their khatas equal to 15 bighas, in each case in the same village or chak and price will be charged as prescribed under these Rules.

20. Computation of Area.

- (i) The areas mentioned in Rule 19 shall be of command land. Where the area held or to be allotted is uncommand, two bighas thereof shall be reckoned equivalent to 1 bigha of the command land.

(ii)If the land allotted is Nali land two bighas of Nali land will be equivalent to three bighas of other command land.

21.

The land held anywhere by a person under one or more than one lease, engagement, grant or tenure, and whether cultivated personally or let or sub-let by him, shall be taken into consideration for calculating the extent of allotment under these rules and in case of any mis-statement of facts, the whole allotment shall be liable to cancellation.

22.

Persons getting allotment of land under clauses (a) and (b) of Rule 19 shall be bound to irrigate at least 25 percent of the land in command area allotted to each one of them during the first year of irrigation provided that irrigation water is let out to such land. On failure to fulfil this condition, the permanent allotment would be liable to be terminated.

23. Scales of price to be charged for different classes of land and the mode of payment.

(1)Following shall be scales of price which may be charged for Government lands allotted under these rules [for which various soil classes have been sanctioned by the [Collector as defined in the Act] [Inserted with retrospective effect from 18-12-67, vide Rajasthan Government Gazette, Extraordinary, Part 4-C, dated 9-8-68, pages 406-406(3).] ]

Sl. No.	Class of soil	Price per Bighas	Price per Murabba of 25 bighas
1.	Nali	Rs. 800.00	Rs. 20,000.00
2.	Light Loam	Rs. 675.00	Rs. 16,875.00
3.	Sandy Loam	Rs. 500.00	Rs. 12,500.00
4.	Uncommand Lands	Rs. 150.00	Rs. 3,750.00

(2)No betterment fee shall be charged on Government lands allotted at above prices.

(3)In case land allotted as uncommand becomes command at any subsequent time, the price payable will be [the market price prevalent at the time] [Substituted vide Rajasthan Government Gazette 4-C, Extraordinary, dated 9-8-1968, page 407, w.e.f. [10-8-1968].] for command land and the allottee shall be liable to pay the deficiency in price occasioned thereby and in case any land sold as command is declared as uncommand by the Irrigation Department before its price is fully paid up the amount paid towards the payment of the price thereof as command land, will be adjusted towards the price and instalments payable for it as uncommand land and any amount paid in excess thereof will be refunded to the allottee.

(4)Allottee other than Scheduled Castes and Scheduled Tribes shall pay 12 ½% of the price and those belonging to the Scheduled Castes/Tribes shall pay 5% of the price at the time of allotment and the residuary amount shall be paid in ten equal instalments as indicated below in respect of each square of. 25 bighas commencing from the year in which water is released for the irrigation of the allotted land:-

	Nali	Light Loam	Sandy Loam	Uncommand
Allottee of castes other than scheduled Castesand Tribes	Allottee of Scheduled Castes and Tribes	Allottee of castes other than scheduled Castesand Tribes	Allottee of Scheduled Castes and Tribes	Allottee of castes other than scheduled Castesand Tribes	Allottee of Scheduled Castes and Tribes	Allottee of castes other than scheduled Castesand Tribes	Allottee of Scheduled Castes and Tribes
	1	2	3	4	5	6	7	8
At the time of allotment of land	2500	1000	2190	844	1562.50	625.00	718.75	187.50
1st Year	1750	1900	1476	1603	1093.75	1187.50	303.10	356.25
2nd Year	1750	1900	1476	1603	1093.75	1187.50	303.10	356.25
3rd Year	1750	1900	1476	1603	1093.75	1187.50	303.10	356.25
4th Year	1750	1900	1476	1603	1093.75	1187.50	303.10	356.25
5th Year	1750	1900	1476	1603	1093.75	1187.50	303.10	356.25
6th Year	1750	1900	1476	1603	1093.75	1187.50	303.10	356.25
7th Year	1750	1900	1476	1603	1093.75	1187.50	303.10	356.25
8th Year	1750	1900	1476	1603	1093.75	1187.50	303.10	356.25
9th Year	1750	1900	1476	1603	1093.75	1187.50	303.10	356.25
10th Year	1750	1900	1476	1603	1093.75	1187.50	303.10	356.25
Total	20000	20000	16875	16875	12500.00	12500.00	3750.00	3750.00

(5)All annual instalments shall be liable to be paid by the allottee at the nearest sub-treasury on or before 15th July and an interest @ 9% shall be charged on the amount of instalments falling into arrears on that date.

(6)After allotment of land to each individual allottee the Deputy Colonisation Commissioner, shall prepare for each allottee a demand statement of the instalments to be realised from him and shall send it to the Collector and then it shall be the duty of the Collector to realise from the allottee the instalments as and when they fall due and to maintain ledger and accounts registers connected therewith. The amounts realised as well as the instalments falling in arrear with regard to each allottee shall be reported by the Collector after each year to the Colonisation Commissioner and the Deputy Colonisation Commissioner, if any.Sale

24. Issue of Sale of Notice by Auction.

(a)The allotting authority shall cause a public notice to be issued in form VI giving full details of the land to be sold by public auction, viz., number of the chak, number of the square or killa and the date and place of auction.

(b)The public notice shall be affixed at the notice board of the office of the Allotting Authority and the copies of such notice shall be affixed on the notice board of the tehsil concerned and on the notice board of the village panchayat, if any, constituted under any law for the time being in force. Its contents shall be made widely known in the locality in which the land proposed to be auctioned is situated, by affixing copies thereof at some convenient place on or near about such land and in other conspicuous public places in the locality or by publishing the same by beat of drum or by an advertisement in a newspaper having wide circulation in the locality or by any two or more of these means.

25. Officer Conducting the Auction.

- Sale by public auction under these rules shall be held by the allotting authority or by a Gazette d officer appointed by him for the purpose not below the rank of an R.A.S. Officer with the prior approval of the Government.

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.

27. Appeal.

- Any person or party aggrieved by an order passed or allotment made by the allotting authority or by an order of rejection of the application for allotment under these rules, may, within 30 days of the date of such order, appeal to the Colonisation Commissioner whose decision thereon shall be final.

28. Powers of Colonisation Commissioner.

- The Colonisation Commissioner will have power to issue instructions and lay down the procedure for the preparation of records in respect of reservation of lands and their allotment and sale.Form I[See Rule 5(1)]List of Government LandsName of Tehsil Colonisation R.C.P. ............. District

S. No.	Name of village or Chak	Khasra No. or square No.
1	2	3

Details of Area	Remarks
Killa Nos command	Killa No's uncommand	Ghair mumkin	Total	Soil class
4	5	6	7	8	9

Form II[See Rule 11 (1)]Public NoticeWhereas .......... Bighas of Government Land situated in village.......... of Tehsil............ is available for allotment for agricultural purposes under the Rajasthan Colonisation (Indira Gandhi Canal Project Government Land Allotment and Sale) Rules, 1967, this public notice is hereby issued under Rule 11 (i) or the said Rules and all concerned are hereby informed that any person who wishes to apply for allotment of any of the lands available for allotment should apply to the Colony Tehsildar concerned within two months of the publication of this notice in the prescribed form. This list of the lands available for the allotment may be seen at the Colony Tehsil office during office hours on any working day between the date of this public notice and the date of expiry of the period for submission of application.Issued under my hand and the seal of this office............. day of......Signature and designation of allotting authorityForm III[See Rule 12(1)]Application for Allotment of landTo,The [Colony] [Added w.e.f. 18-12-1967, Rajasthan Government Gazette IV-C, Extraordinary, dated 9- 8-1968, pages 406-406(3).] Tehsildar[Indira Gandhi Canal Project] [Substituted w.e.f. 18-12-1967, Rajasthan Government Gazette IV-C, Extraordinary, dated 9-8-1968, pages 406-406(3).].............District.............Sub:- Application for allotment of land under the Rajasthan Colonisation (Indira Gandhi Canal Project Government Land Allotment and Sale) Rules, 1967.Sir,I ....................................... Son of................ Caste.............. Occupation .................. Permanent resident of .................. Tehsil.......... District hereby submit as under:That I am landless tenant within the meaning of clause (ix) of Rule 2 of the above rules of caste..............OrThat the applicant is the Panchayat Samiti within the meaning of clause (xiv) of Rule 2 of the above rules.OrThat I am a person having less land than the limit prescribed in clause (b) of Rule [19] [Added w.e.f. 18-12-1967, Rajasthan Government Gazette IV-C, Extraordinary, dated 9- 8-1968, pages 406-406(3).] of the above rules.That I hold the under mentioned lands /do not hold any land.

	Soil Class With Area
Name of village	Name of Tehsil with name of District	Khasra No. with area	Nehri or irrigated by other source, Barani	Tenure or on Temporary cultivation or underspecial

Note. - In case of tenure lands, mention the kind of tenure. In case of temporary cultivation, state whether it is shifting or cultivating the same land continuously and whether any special entry has been made with regard to his lease in the settlement or revenue records and in case of special lease, such as, lease under Grow More Food Campaign [x x x] furnish full details of lease together with certified copies of document if any, supporting his claims.

3. That I own............... Cattle......... Ploughs.

4. That my family consist of:-

Name of adult with relation and age	Name of children with relation and age
Male	Female	Male	Female

I, therefore, hereby request that I may be allotted the under mentioned lands for cultivation:-

Name of village with name of Tehsil and District	Khasra	Area	Soil Class

I hereby agree to abide by the provisions of, (i) the Rajasthan Colonisation Act, 1954, (ii) the Rajasthan Colonisation (General Colony) Conditions, 1955 and (iii) of the Rajasthan Colonisation (indira Gandhi Canal Project Government Land Allotment and Sale) Rules and (iv) I further undertake to pay the price of the land as fixed by the Government.Yours faithfully,Signature.Form IV[See Rule 12(2) (b)]Register of Applications for AllotmentName of Tehsil Colonisation............ District...........

S. No.	Date	Time	Name of the applicant	Address	Kind of allotment claimed	Remarks

Form V[See Rule 12 (2) (b)]Acknowledgement of Receipt of ApplicationReceived application of Shri ........................ Son of .............. Resident of village/town ............. Tehsil .......... District ............for allotment of land under Rule 12(1) of the Rajasthan Colonisation (Indira Gandhi Canal Project Government Land Allotment and Sale) Rules, 1967, on............ at............. A.M./P.M. & registered at Serial No. .........Colony Tehsildar/Tehsildar....................Form VI[See Rule 24]Notice of SaleOffice of Deputy Colonisation Commissioner and Allotting Authority Indira Gandhi Canal Project BikanerNoticeNotice is hereby given to the general public that the Government Lands as mentioned below shall be sold by public auction as per programme given below from 10 a.m. to 4.30 p.m.Particulars and maps regarding the lands to be sold can be seen in the office of concerning Colonisation Tehsil Indira Gandhi Canal Project.Date of auction :-Place of auctionPlace of auction

Chak No.	Square No.	Killa No's
1	2	3

Note. - (1) The bidders can bid in the auction after depositing 5 per cent of the reserved price,

(2)50 percent of the auction money shall have to be deposited by the last bidder after conclusion of the bid by the auction officer and only after that his bid shall be recommended to the Colonisation Commissioner for confirmation.

(3)Proper arrangements have been made for showing the Government lands to be auctioned by the concerning Tehsildar Colonisation Indira Gandhi Canal Project;

(4)Auction shall be made over and above the Reserved Price which is given below:

Nali	Rs. 800.00	per Bigha
Light loam	Rs. 675.00	per Bigha
Sandy loam	Rs. 500.00	per Bigha
Uncommand	Rs.[150.00] [Substituted, w.e.f. 18-12-1967, Rajasthan Government Gazette IV-C, Extraordinary, dated 9-8-1968, pages 406-406(3).]	per Bigha

Deputy Colonisation CommissionerIndira Gandhi Canal Project,Bikaner(Allotting Authority)[Form VII [Whole of Form VII added by Notification No. F. 22(54) Revenue/Colo 64, dated 2-6-1970 G.S.R. 20-Rajasthan Gazette, Extraordinary, Part IV-C, dated 2-6-1970, pages 79-82.][See Rule 17-A]Application for Allotment of LandTo,The Director of Agriculture,Government of Rajasthan,Jaipur.Sub:- Application for allotment of land under Rule 17-A of the Rajasthan Colonisation (Indira Gandhi Canal Project Government Land Allotment and Sale) Rules, 1967.Sir,I .......................... S/o Caste .......... Resident of ................... Tehsil ............... District................ hereby submit as under:-

(1)That I am an unemployed Graduate in Agriculture/ Agricultural Engineering.

(2)That after passing the examination in ............ from the ........... College.......... University, I have not got employment anywhere till the date of this application.I, therefore, hereby request that I may be allotted Government Command Land in the area of the Indira Gandhi Canal Project under the Rajasthan Colonisation (Indira Gandhi Canal Project Government Land Allotment and Sale) Rules, 1967.DatedYours faithfully,SignatureCertificate of Director of AgricultureI hereby certify that the applicant is an unemployed Graduate in Agriculture/Agricultural Engineering and has been selected by me for allotment of land in the area of Indira Gandhi Canal Project. He may be allotted land according to the Rules and copy of the Certificate of giving over possession may be forwarded to me for record under Rule 17-A(6)].

Legal Document View

Unlock Advanced Research with PRISMAI

State of Rajasthan - Act