Section 16 in The Rajasthan Tenancy (Board Of Revenue) Rules, 1955
16. Principles to be observed in ordering exchange.
- In ordering an exchange, the Assistant Collector shall observe the following principles :-(1)That the land, which the applicant receives, is, as near as may be, equal value to, and of the same quality as, this land which he gives in exchange;(2)That an existing field shall not be sub-divided;(3)If there is a work of improvement on any land sought to be exchanged, he may refuse to order the exchange unless the parties come to an agreement regarding the amount of compensation to be paid for such improvement and such compensation is actually paid;(4)That, as far as possible, the interests of the lessee, mortgagee or other encumbrancer, if any, in respect of the land to be exchanged are not prejudiced;(5)Where the provisions of Section 51 of the Act apply, when deciding whether or not reasonable grounds exist for ordering the exchange, he shall consider whether in the event of the transfer of the lease, mortgage or other encumbrance from one area to another, it is possible or not, to place the parties and the lessee, mortgagee or other encumbrancer, as the case may be, in a position similar to that which each and before such exchange, and he shall, in his order, clearly specify the lands and the interests affected thereby.
