The Ajmer Shamlat Committees (Dissolution) Rules, 1964

Published vide Notification No. F. 6(8)/Revenue-B/60(2), dated 12.2.1964 - Published in Rajasthan Gazette Part 4-C, Extraordinary, dated 12.2.1964

RJ424

As amended subsequently by Notification dated 27.7.1972, published in Rajasthan Gazette, Part IV-C, dated 14.9.1972. In exercise of the powers conferred by sub-section (1) of Section 7 of the Ajmer Shamlat Committee (Dissolution) Act, 1963 (Rajasthan Act 22 of 1963), the State Government hereby makes the following Rules, namely:- 1. Short title and commencement. - These Rules may be called the Ajmer Shamlat Committee (Dissolution) Rules, 1964. (2) They shall come into force on the appointed date. 2. Interpretation. - In these Rules, unless the context otherwise requires,- (i) "Act" means the Ajmer Shamlat Committees (Dissolution) Act, 1963;

(ii) "Collector" means the Collector of Ajmer and includes the Additional Collector;

(iii) "Form" means a form appended to these Rules;

(iv) "Section" means a section of the Act; and

[(v) x x x x ]

3. Issue of proclamation by Collector and taken over of assets. - (1) Immediately upon the issue of a notification under sub-section (2) of Section 1 appointing the date for the commencement of the Act, the Collector shall issue a proclamation in From 1 and cause the same to be published in the cities, towns or villages in which Shamlat Committees existed. (2) Copies of the proclamation shall be pasted on the notice boards of the office of the Collector, and of the concerned Tehsil, Municipal Council or Municipal Board, and Gram Panchayat and the office of the Shamlat Committee, if any. If the Collector so directs the proclamation shall also be published by beat of drum in the cities, towns and villages concerned. (3) The Collector shall simultaneously direct an Officer not below the rank of a Sub-Divisional Officer to take over the assets of the Shamlat Committees either himself or through an Officer nominated by him in this behalf and not below the rank of a Tehsildar. 4. Statements of assets and liabilities. - Immediately on the issue of a proclamation under Rule 3, the Sub-Divisional Officer, or his nominee, shall take into his custody the movable and immovable property, cash, records and documents of the Shamlat Committees and shall prepare or cause to be prepared- (a) Complete statement, in Form II, of all lands, rights, title, interests, moneys properties-movable and immovable-and other assets of the Shamlat Committees; and

(b) A statement, in Form III, of the liabilities of the Shamlat Committees of the type mentioned in clause (ii) of sub-section (1) of Section 4.

5. Enquiry into assets and liabilities. - (1) The Sub-Divisional Officer or his nominee may, [x x x] hold an enquiry to ascertain the correct assets and liabilities of the Shamlat Committees. (2) Without prejudice to the provisions of sub-rule (1), the Collector may, on his own motion, direct the Sub-Divisional Officer to conduct an enquiry into the correctness of the assets and liabilities of a Shamlat Committee. 6. Recovery of dues. - Any amount due to be paid to a Shamlat Committee and now payable to the Government by reason of Section 4 shall be recoverable under Section 256 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956). 7. Collector’s proposals for transfer of Shamlat Committees' assets. - To enable the State Government to issue the notification required by sub-section (2) of Section 4, the Collector shall, immediately on the completion of action under Rule 4, or on the completion of the enquiry under Rule 5, submit to the State Government in the Revenue Department his proposals for the transfer of the assets and liabilities of the Shamlat Committees to such local authorities as may be specified therein and the terms and conditions upon which such assets and liabilities shall be so transferred. 8. Discharge of employees of Shamlat Committees. - (1) Any permanent employee of Government who was on deputation to a Shamlat Committee shall, with effect from the appointed date, revert to his substantive post under Government. (2) The services of all other employees of Shamlat Committees shall stand terminated as from the appointed date. (3) An employee whose services are terminated under sub-rule (2) shall receive notice pay and retirement benefits in accordance with such written conditions of service as existed between him and the Shamlat Committee. 9. Appeal. - Any person aggrieved by the findings in an enquiry under Rule 5 or any employee aggrieved by any order passed under sub-rule (3) of Rule 8, within thirty days of the passing of the order, appeal to the Collector, and the decision of the Collector on appeal shall be final: Provided that the Collector may entertain an appeal after thirty days if he is satisfied that there were reasonable grounds for not filing the appeal within the prescribed period. Form I

(See Rule 3)

Proclamation

I...................... Collector of Ajmer, hereby proclaim for the information of all concerned that the Shamlat Committee of............................ (name of Committee to be mentioned) stands dissolved with effect from the (date to be mentioned) under Section 3 of the Ajmer Shamlat Committees (Dissolution) Act, 1963, and all lands, rights, title, interests, moneys, properties-movable and immovable-and other assets of the said Shamlat Committee stand vested as from the date above mentioned in the State Government, and 1 as Collector of Ajmer have directed the Sub- Divisional Officer of...................to take charge of the said properties; and so with effect from the date above mentioned any dues payable to the said Shamlat Committee shall be payable to the State Government and any payment made in contravention thereof shall not be valid discharge of the person liable to pay the same. Issued under my hand and the seal of this Court this..................... day of.................1964. Seal Signature of the Collector.

Form II

(See Rule 4)

Statement of Assets of.............(name to be mentioned) Shamlat Committee