The Rajasthan Colonisation (Gang Canal Lands Permanent Allotment and Sale) Rules, 1956
Published vide Notification No. F. 6 (34) Revenue/2/56, dated 3-1-1957 - Rajasthan Gazette, Part 4-C, Extraordinary, dated 21-2-1957
RJ462
| LEGISLATIVE HISTORY 6 |
| And as amended subsequently by the following notifications:-
· Notification dated 17.09.1957 - Rajasthan Gazette, dated 03.10.1957 · Notification dated 12.11.1957 - Rajasthan Gazette, dated 18.11.1957 · Notification dated 22.05.1958 - Rajasthan Gazette, dated 04.09.1958 · Notification dated 05.11.1958 - Rajasthan Gazette, dated 11.12.1958 · Notification dated 14.10.1959 - Rajasthan Gazette, dated 03.12.1959 · Notification dated 17.05.1962 - Rajasthan Gazette, dated 21.06.1962 · Notification dated 11.05.1962 - Rajasthan Gazette, dated 21.08.1962 · Notification dated 26.11.1962 - Rajasthan Gazette, dated 26.11.1962 · Notification dated 16.03.1963 - Rajasthan Gazette, dated 23.05.1963 · Notification dated 05.06.1970 - Rajasthan Gazette, dated 16.07.1970 · Notification dated 28.11.1970 - Rajasthan Gazette, dated 07.12.1970 · Notification dated 19.02.1974 - Rajasthan Gazette, dated 01.03.1974 · Notification dated 29.11.1975 - Rajasthan Gazette, dated 29.11.1975 · Notification dated 25.08.1976 - Rajasthan Gazette, dated 26.08.1976 · Notification dated 27.08.1976 - Rajasthan Gazette, dated 02.09.1976 · Notification dated 09.03.1977 - Rajasthan Gazette, dated 24.03.1977 · Notification dated 24.01.1977 - Rajasthan Gazette, dated 03.02.1977 · Notification dated 19.09.1978 - Rajasthan Gazette, dated 20.09.1978 · Notification No. F. 4(12) Revenue/Col/75, dated 28.01.1981 - Rajasthan Gazette, Part IV-(C), dated 05.02.1981, page 371 · Notification No. F. 18(3) Revenue/Col/77, dated 07.02.1981 - Rajasthan Gazette, Part IV-(C), dated 12.02.1981, page 430 · Notification No. F. 19(7) Revenue/Col/78, dated 04.06.1981 - Rajasthan Gazette, Extraordinary, Part IV-(C), dated 06.06.1981, page 55 · Notification No. F. 19(7) Revenue/Col/78, dated 04.06.1981 - Rajasthan Gazette, Extraordinary, Part IV-(C), dated 15.06.1981, page 67 · Notification No. F. 4 (16) Revenue/Col/79, dated 25.06.1981 - Rajasthan Gazette, Extraordinary, Part IV-(C), dated 02.07.1981, page 84 · Notification No. F. 4(2) Revenue/Col/81, dated 08.11.1982 - Rajasthan Gazette, Part IV-(C), dated 18.11.1982, page 512 · Notification No. F. 4(25) Revenue/Col/77, dated 10.11.1982 - Rajasthan Gazette, Part IV-(C), dated 25.11.1982, page 526 · Notification No. F. 4(10) Revenue/Col/75, dated 27.12.1982 - Rajasthan Gazette, Extraordinary, Part IV-(C), dated 11.01.1983, page 333 · Notification No. F. 4(13) Revenue/Col/83/IV, dated 25.11.1983 - Rajasthan Gazette, Extraordinary, Part IV-(C), dated 26.11.1983, page 241 · Notification No. F. (24) Revenue/Col/82, dated 24.01.1984 - Rajasthan Gazette, Extraordinary, Part IV-(C), dated 01.02.1984, page 383 · Notification No. F. 4(24) Revenue/Col/82, dated 18.01.1985 - Rajasthan Gazette, Part IV-(C), dated 24.01.1985, page 397 · Notification No. F. 4(6) Revenue/Col/82, dated 13.09.1988 - Rajasthan Gazette, Part IV-(C), dated 13.07.1989, page 51 · Notification No. F. 4(7) Revenue/Col/80, dated 26.10.1990 - Rajasthan Gazette, Part IV-(C), dated 07.05.1992, page 22 · Notification No. F. 4(2) Revenue/Col/87, G.S.R. 44, dated 12.07.1995 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 07.08.1995, page 86, w.e.f. 12.07.1995 = 1996 RSCS/Part II/page 105/H. 84 · Notification No. F. 4(10) Col/95, G.S.R. 21, dated 05.05.1999 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 19.05.1999, page 29(5), w.e.f. 19.05.1999 = 1999 RSCS/Part II/page 416/H. 351 · Notification No. F. 4(3) Col/99, G.S.R. 83, dated 14.12.2000 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 24.01.2001, page 172, w.e.f. 14.12.2000 = 2002 RSCS/Part II/page 68/H. 58 · Notification No. F. 4 (11) Col/97, G.S.R. 78, dated 13.09.2001 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 12.10.2001, page 135(2), w.e.f. 13.09.2001 = 2002 RSCS/Part II/page 151/H. 135 · Notification No. F. 4(3) Col/99, G.S.R. 3, dated 11.09.2002 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 19.09.2002, page 22, w.e.f. 11.09.2002 = 2002 RSCS/Part II/page 791/H. 621 · Notification No. F. 4(11) Col /97, G.S.R. 90, dated 23.01.2003 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 04.02.2003, page 159, w.e.f. 23.01.2003 = 2003 RSCS/Part II/page 210/H. 168 · Notification No. F. 4(3) Col/99, G.S.R. 8, dated 11.02.2003 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 20.02.2003, page 63, w.e.f. 11.02.2003 = 2003 RSCS/Part II/page 341/H. 268 · Notification No. F. 4 (3) Col/99, G.S.R. 2, dated 27.04.2004 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 14.05.2004, page 4, w.e.f. 27.04.2004 = 2004 RSCS/Part II/page 167/H. 201 · Notification No. F. 4(11) Col/97, G.S.R. 32, dated 24.09.2009 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 28.09.2004, page 114, w.e.f. 24.09.2009 = 2005 RSCS/Part II/page 130/H. 48 · Notification No. F. 4(3) Col/99, G.S.R. 49, dated 26.11.2004 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 31.01.2005, page 141(1), w.e.f. 31.01.2005 = 2006 RSCS/Part II/page 7/H. 6 · Notification No. F. 4(3) Col/99, G.S.R. 28, dated 14.06.2005 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 22.06.2005, page 40, w.e.f. 14.06.2005 = 2006 RSCS/Part II/page 11/H. 13 · Notification No. F. 4(3) Col/99, G.S.R. 4, dated 09.01.2006 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 19.01.2006, page 5, w.e.f. 09.01.2006 = 2006 RSCS/Part II/page 381/H. 208 · Notification No. F. 4(11) Col/97/2, G.S.R. 16, dated 18.05.2007 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 05.06.2007, page 29(1), w.e.f. 18.05.2007 = 2007 RSCS/Part II/page 569/H. 490 · Notification No. F. 4(2) Col/2007/(1), G.S.R. 31, dated 23.06.2007 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 03.07.2007, page 51(1), w.e.f. 23.06.2007 = 2007 RSCS/Part II/page 585/H. 496 · Notification No. F. 4(3) Col /99/1, dated 11.07.2007 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 18.07.2007, page 57, w.e.f. 11.07.2007 = 2007 RSCS/Part II/page 707/H. 534 · Notification No. F. 4(3) Col/99, G.S.R. 88, dated 11.01.2008 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 25.01.2008, page 161(1), w.e.f. 11.01.2008 = 2008 RSCS/Part II/page 377/H. 189 · Notification No. F. 4(2) Col/2007, G.S.R. 72, dated 04.08.2008 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 12.08.2008, page 113(4), w.e.f. 04.08.2008 = 2009 RSCS/Part II/page 352/H. 162 · Notification No. F. 4(3) Col/99, G.S.R. 73, dated 04.08.2008 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 12.08.2008, page 113(5), w.e.f 04.08.2008 = 2009 RSCS/Part II/page 352/H. 165 · Notification No. F. 4(7) Col., G.S.R. 27, dated 15.07.2009 - Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 07.08.2009, page 44, w.e.f. 15.07.2009 = 2009 RSCS/Part II/page 830/H. 537 |
In exercise of the power conferred by section 28 read with section 7 of the Rajasthan Colonisation Act, 1954 (Act No. XXVII of 1954), the State Government is hereby pleased to make the following rules, namely, the Rajasthan Colonisation (Gang Canal Lands Permanent Allotment [and sale]) Rules, 1956.
- Short title, commencement and extent of applicability.- (1) These Rules may be called the Rajasthan Colonisation (Gang Canal Lands Permanent Allotment [and sale]) Rules, 1956.
(2) They shall come into force at once.
(3) These Rules shall apply [to commanded and un-commanded lands in the Gang Canal Area].
- Interpretation.- [(1)]In these the word "Zamindar" shall have the same meaning as given in the Rajasthan Tenancy Act, 1955 (Act 3 of 1955).
[(2) "land less person" means a person who has been a resident of Rajasthan since before the 1st day of April, 1955 and is by profession a bona fide agriculturist or bona fide agricultural labourer and whose primary source of income is agriculture:
Provided that such person neither holds any tenure land any where in excess of 15 bighas nor is a sub-tenant of any such land (in excess of 15 bighas) from which he is not liable to ejectment under the provisions of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) or under any other law for the time being in force in the area in which the land is situated, nor is entitled for permanent allotment of 15 bighas or more land any where under any other rule, condition or law.]
[Provided further that a released 'Sagri' as certified by the Sub-Divisional Officer will be treated as landless person of that village.
Explanation. - For the purpose of this proviso 'Sagri' means the bonded labourer as defined in the Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976).]
[Provided further that the following categories of persons shall not be deemed to be landless persons, namely :-
(a) an employee other than a casual or work charged employee of the Government or of a commercial or industrial establishment or concern, his wife and children dependent on him;
(b) a person who has sold, or otherwise transferred, the whole or part of the land held by or allotted to him other than land transferred to or acquired by the Government or statutory bodies, and thereby reduces the size of his holding to become a landless person.]
[(3) "Beneficiary of the integrated Rural Development Programme" means a person who has been identified as being below the subsistence level and included in the Integrated Rural Development Programme and certified as such by the Collector or his authorised representative.
(4) "Integrated Rural Development Programme" means a programme undertaken by the State Government to identify the poorest persons subsisting below the poverty line, as well as the subsistence level, and residing in rural area, and to provide productive assets and benefits for their economic upliftment.]
[(5) "Index price" means the market value of the land determined, from time to time, by the District Level Committee constituted under the provision of the Rajasthan Stamp Rules, 1955 with respect to land of similar soil class for the area in which the land to be sold is situated.]
- Persons eligible for allotment of land.- (1) The persons eligible for allotment of lands, on a permanent basis, shall be following in the order of priority in which they are mentioned hereunder, namely :-
[(i) Tenants who have been cultivating land temporary on the basis of three years girdawri since before 1947 and who cultivate or can reasonably be expected to cultivate personally;
(ii) Zamindars who held, on or before the 1st day of July, 1947, less than 25 bighas of perennial land or less than 50 bighas of nonperennial irrigated land.]
(iii) Tenants who were allotted land for the first time in 1952 for temporary cultivation on the basis of 3 years girdawri, such allotment having been continued in subsequent years and who cultivate or can be reasonably expected to cultivate their land personally.
[Explanation. - It is not necessary that a tenant should have been continuously cultivating the same piece of land on temporary cultivation lease; if he has been holding land on temporary cultivation lease anywhere in the Gang Canal area and has been cultivating it personally, he shall be eligible for permanent allotment of land under this clause.]
(iv) Tenants who have been cultivating land since before 1947 either under a lease or on batai;
(v) Tenant who have been cultivating barani land in the same chak or tehsil since before 1947;
[(vi) Tenants who have been cultivating barani land from 1952 onwards.]
[(vii) xxx]
[(vii-A.) Temporary cultivators who were allotted land [ [on or before 1.1.1995], whether this temporary cultivation lease renewed or not or has been cancelled and such cultivators having possession on such land till the date of allotment] and who cultivate or can reasonably be expected to cultivate the land personally, subject to the condition that land is available.]
[(viii) (a) Landless person of Scheduled Caste and Scheduled Tribes residing in the same chak;
(b) other landless persons of the same chak:]
Provided that among landless persons described in the above sub-clauses a T.C. lease-holder shall be given priority:
Provided further that if landless persons of the relevant priority are not available in the same chak, landless persons of the adjoining chak or village will be allotted lands according to the prescribed authority.
[(ix) The tenants, including displaced persons, who were allotted half square of land in 1952 in pursuance of Notification No. F. 3(375) Revenue II/51, dated the 25th August, 1951, may be given half square of land more in order to make up one full square if they have applied for further allotment; provided that such allotment of an additional half square shall be made after all pending applications are disposed of and subject to the condition that after the allotment of the additional half square the total area of land with the allottee shall not exceed 15.6 acres and that the price to be charged from him shall be equal to the prevailing market price:
Provided that in the case of persons whose applications for permanent allotment of land has been rejected on account of there being a gap of one year in temporary cultivation since 1947, a break of two years in continuous possession and cultivation from 1947 to 1962 may be condoned by the Collector so as to make them eligible for allotment of land; and in the case of persons whose applications has been rejected on account of there being a gap of one year in temporary cultivation after 1952, one year's break in continuous possession and cultivation from 1952 to 1962 may be similarly condoned.]
[Provided that a landless person who does not hold any tenure land anywhere in Rajasthan or such land as he holds is less than 2 ½ acres of irrigated land or 5 acres of un-irrigated land shall be given preference within the category specified in sub-rule (1) which appertains to him.]
[ [(2) Notwithstanding anything contained in Rule 4, small patch, small patches of land upto five bighas of irrigated land and ten bighas of non irrigated land, may be allotted to a person holding land in same square of person holding adjoining land, if the person is prepared to pay half of the index price or reserve price whichever is higher, in two instalments, the first instalment being payable within fortnight of order of allotment in the current financial year of the allotment. The due date in respect of second instalment shall be the date of the year of corresponding to the date on which the date of allotment was done in the next financial year. Interest shall be charged thereon at the rate of 12% per annum from the date of default of payment of an instalment on the due date.]:
Provided that the total land already in his possession plus the small patch shall not make his total holding in excess of ceiling limit:
Provided further that if there are more than one person holding land in the same square or a person holding adjoining land who want to purchase the small patch, it shall be put to auction and given to the highest bidder amongst the persons holding the land in the same square or a person holding adjoining land];
[(3) Notwithstanding anything contained in sub-rule (1) of Rule 3, the Collector of the District shall allot land on priority to a landless person of the village, Tehsil, or the District respectively, identified as a Beneficiary of the Integrated Rural Development Programme.]
[3A. (1) Notwithstanding anything contrary contained in these rules "medium path" of Government land measuring more than 5 bighas of irrigated land and ten bighas of un-irrigated land but not more than 10 bighas of irrigated land and 20 bighas of un-irrigated land may be allotted to a tenure tenant whose tenure land adjoins such medium patch, subject to the ceiling area at the rate of index price:
Provided if more than one tenant of the adjoining land apply for allotment of the same medium patch, the allotment shall be made by sealed bid to highest bidder subject to the ceiling limit.
(2) The price of such medium patch shall be payable by the allottee in two instalments, the first instalment being payable within a fortnight of the order of allotment in the current financial year of the allotment. The due date in respect of second instalment shall be the date of the year of corresponding to the date on which the date of allotment was done, in the next financial year. Interest at the rate of 12% per annum shall be charged from the defaulter of payment of an instalment on the. due date.]
- Extent of allotment.- (1) To every person eligible for allotment under Rule 3 the maximum land that may be so allotted shall, subject to availability, not exceeding 25 bighas of perennial land or 50 bighas of non-perennial irrigated land:
Provided that-
(a) a zamindar holding land as such in excess of the scale specified in this rule shall continue to hold the same and shall receive no further allotment;
(b) any tenant holding land for temporary cultivation or holding or cultivating barani land shall surrender the same to the Government upon allotment of other land on permanent basis to the full extent permissible by this rule;
[(c) In considering the extent of land to be allotted under these Rules the total area of land already held by the applicant, whether in this State or in any other State in India shall be taken into account.]
Explanation. - A joint and undivided family shall, for the purpose of existing holdings and of allotment of lands under these Rules, be deemed to be one person and dealt with accordingly.
[Where land has not been shown in the land records as divided prior to the year 1952 the family shall not be treated as divided, nor shall any allotment be made on the ground that the share of one person comes to less than one square.]
(2) Where both perennial land and non-perennial or Barani land is held by, or allotted to, the same person, one bigha of perennial land shall, for the purpose of determining the area so held or allotted, be deemed to be equivalent to two bighas of non-perennial land or three bighas of Barani land.
- Application for allotment of land.- (1) [Every person eligible for allotment of land on a permanent basis under these rules, shall submit his application [within one month of the date of publication of notice by the Collector in a local newspaper for the purpose. The notice shall also be affixed on the Notice Boards of the Village Panchayat Samiti, Patwarghar, Zila Parishad, Tehsil and D.D.O.'s Office].]
[(1-a) Where an applicant is a married agriculturist, the application for allotment shall be submitted in the name of both husband and wife.]
(2) Every application under sub-rule (1) shall be accompanied by an affidavit from the applicant stating the facts which make him eligible for allotment and a complete description and specification of the land sought to be allotted.
(3) An application under these rules shall be presented to the Tehsildar within whose Tehsil the land, which is the subject matter of the application is situated.
(4) The Tehsildar shall, after making necessary enquiry as to the eligibility of the applicant, submit all applications, with his report on each, to the Collector for final orders.
- Allotment.- (1) On an application for fresh allotment, the Collector shall consider such application on its own merits and shall, if satisfied that the applicant is eligible for allotment of land in accordance with these rules, allot the land applied for, or any other suitable land if available, on payment of price fixed under Rule 7 and grant the applicant Khatedari rights therein.
[(1-a) In case where allotment of land is made to a married agriculturist, the allotment shall be made in the joint name of husband and wife and the allottees, in such case shall be deemed to be joint allottee.]
(2) In making allotment of fresh land the Collector shall strictly follow the order of priority laid down in Rule 3 and, subject to that order allotment of land to a particular chak or village shall be made first to the tenant's residing in that particular chak or village and failing them, to the tenants residing in the adjoining chak or village.
Explanation. - Criteria for determining the residence of a landless tenant in a particular chak or village will generally be the entry made in Malshumari papers and Girdawari; and if the entries go against the applicant, the burden of proving the residence shall lie on the applicant.
(3) Where there are more than one applicant of the same class for any land, it shall be allotted by drawing lots between all such applicants.
(4) The sale of land to the owners of small patches of land referred in sub-rule (2) of Rule 3 shall be subject to the payment of price cash drawn in one instalment within six weeks of the date of allotment.
[(5) The Land belonging to a member of a Scheduled Caste or a Scheduled Tribe which vests in the State Government under Sections 175 and 176 of the Rajasthan Tenancy Act, 1955 and under Sections 13 and 14 of the Rajasthan Colonisation Act, 1954, shall be allotted only to a member of a Scheduled Caste or a Scheduled Tribe respectively, in accordance with the provisions of these rules.]
[6A. (1) Notwithstanding anything contained in Rules 3, 4, 5 and 6 and without prejudice to any proceedings pending thereunder, land up to 25 Bighas of irrigated land or 50 Bighas of un-irrigated land may also be allotted to temporary cultivation lease holders to whom land had been allotted under Temporary Cultivation Leases Conditions, 1955 and who are in continuous cultivator possession thereof beginning from 1953 to 1960.
(2) In making such allotments the Collector shall call for the relevant information from the Tehsildars and where any other land is found to have been held already by a temporary cultivation lease holder anywhere else, allotment shall be made only to the extent so as to make his total holding equal to 25 Bighas of irrigated and 50 Bighas of un-irrigated land.
Explanation. - For the purpose of this Rule 1 Bigha of irrigated land shall be considered as equivalent to 2 Bighas of un-irrigated land.]
- Fixation and recovery of price.- (1) The Government shall fix the scales at which the price for land allotted under these rules may be charged, and such scales may be different for different kinds of land.
(2) Such price will be payable in [15] equal yearly instalments, the first of such instalments being payable at Tehsil headquarters within a month of the Collector's order for allotment [if the land is single cropped, and thirty half yearly instalments if the land is double cropped, and the first such instalment shall be payable before possession of the allotted land is handed over to the allottee]:
[Provided that in the event of total price or all the remaining instalments being paid upto March 31, 1972, a rebate equal to 25% shall be allowed on the amount of price or instalments which have not become due upto this date of payment]:
[Provided further that the Collector may, on application, extend the period mentioned in this sub-rule by not more than six months, or till the date of harvesting of the crops whichever is earlier, in which event the provisions of clauses (i), (iii) and (iv) of sub-rule (4) shall apply];
[(2-A) Notwithstanding anything contained in sub-rule (1) an allottee of the land situated within a radius of 12 KM from the periphery of a city having population of one lakh persons or more, or within a radius of 8 KM from the periphery of town having population of fifty thousand or more but less than one lakh persons or within a radius of 3 KM from the periphery of a town having population of twenty five thousand or more but less than fifty thousand persons shall deposit 25% of the total price of the land at the time of allotment and 15% of the total price after one year of the allotment. The remaining 60% shall be deposited in three equal yearly instalments, the first of which shall be deposited on the expiry of two years commencing from the date of allotment.
Provided that an allottee belong to a Scheduled Castes and Scheduled Tribes shall deposit the price of such land in ten equal yearly instalments. The first instalment shall be deposited after the expiry of two years commencing from the date of the allotment.]
(3) In case of default in the payment of the total price of the first instalment thereof within the period prescribed by sub-rule (2) the order for allotment shall be liable to cancellation.
(4) In case of payment by instalments.-
(i) if any instalment is not paid up on the due date thereof interest shall be charged thereon at the rate of [nine per cent] per annum,
(ii) if any two consecutive instalments are not paid on the due dates thereof, the order for allotment shall be liable to cancellation;
(iii) so long as the total price is not paid up, malikana at the rate of one rupee and eight annas per bigha shall continue to be charged, and
(iv) until the total price is paid up, the land which has been allotted shall not be alienated:
[Provided that if any allottee or purchaser deposits the outstanding amount along-with interest thereon @ 18% p.a. [by 31.3.2010] no action regarding cancellation of his allotment or acquisition of his land shall be taken.
Provided further that the cancellation order shall be revoked by the allotting authority, if the allottee pays @ 6% more interest from the date of default by way of composition on such amount [latest by 31.3.2010] unless in the meantime the land has been allotted to some one else.]
[7A. Difference in Prices. - [(1) If any land allotted as un-command land subsequently becomes command land, than for such land the allottee shall pay to the State Government, the prevailing reserve price on the date the land becomes command land, less the price which he has already paid in terms of un-command land.]
(2) The price referred to in sub-rule (1), shall be payable by the allottee in five annual instalments, the first instalment being payable within a fortnight of the order. The due date in respect of second and subsequent instalments shall be the date of the year corresponding to the date on which the order was made. Interest at the rate of 9% per annum shall be charged in default of payment of any instalment on due date.
(3) If any land allotted as command land is subsequently declared un-command land by competent authority before its price has been fully paid up, the amount paid towards its price as command land will be adjusted towards the price or instalments payable for it as un-commanded land and any mount already paid in excess thereof shall be refunded to the allottee.]
[7B. In cases in which the cost of development of the allotted land has been borne by the State Government, the cost shall be payable by the allottee at the rates prescribed by the State Government from time to time, along-with the instalments of the price of the land.]
- Reservation of land for Harijans.- (1) In each Tehsil to which these rules extend, same land on proportionate population basis will be reserved for Harijans out of the total land therein available for allotment.
[(2) Every Harijan who is eligible for allotment under these rules shall be allotted land in accordance therewith. Any Harijan who has been continually residing in the village since before 1952 may be allotted land at the rate of 12 ½ bighas if he has a pair of bullocks or camel on the date of allotment or he has been cultivating land as a partner or labour. Such allotments shall be subject to the provisions of Rules 4 and 7.]
[8A. Out of the total Government land available for allotment within a radius of 12 KM from the periphery of a city having population of one lakh persons or more or within a radius of 8 Km from the periphery of a town having population of fifty thousand or more but less than one lakh persons, or within a radius of 3 Km from the periphery of a town having population of twenty five thousand or more but less than fifty thousand persons. 25% land shaft be reserved for allotment to the persons belonging to a Scheduled Caste or Scheduled Tribe and the remaining land shall be allotted to other landless persons eligible for allotment.]
- Special cases.- Notwithstanding anything contained in these rules the Government may make allotment to any person as a special case:
[Provided that Government may delegate the powers of allotment in any case or a class of cases under this rule to the Colonisation Commissioner or the Collector or to any other prescribed authority, subject to such terms and conditions as may be prescribed in this behalf.]
[9A. Disposal of Government land by auction. - (i) The State Government may reserve any area or class or category of Government land for sale by public auction.
(ii) For sale by public auction under sub-rule (i), the provisions of Part-B of the Rajasthan Colonisation (Bhakra Project Government Land Allotment and Sale) Rules 1955, shall mutatis mutandis, apply.]
[9B. Regularisation of certain cases of trespassers. - (1) Notwithstanding anything contained in these rules and subject to the specific or general directions of the Government allotting authority may, on the advice of the Advisory Committee, instead of ejecting a transpasser from the land occupied by him, allow him to retain possession of the whole, or part of such land subject to the extent of the ceiling area applicable to the allottee under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act 11 of 1973).
[Provided that such trespasser has been in possession over the trespassed land for minimum five years during preceding seven years from 1.1.2000 and still in continuous possession from 1.1.2000.]
Provided that such trespasser has been in continuous possession of the trespassed land for five years or more prior to 1.1.1995.
(2) Upon regularisation in the manner indicated in sub-rule (1), the trespasser shall be deemed to have been allotted the land so regularised under these rules and shall be governed by the terms and conditions prescribed in these rules.
(3) Such trespasser upon regularisation shall be bound to pay the price at District Level Committee (DLC) rate.
(4) The price so fixed under sub-rule (3) shall be paid by the trespasser in four yearly instalments.
After scrutinising the papers submitted by the trespasser, if it is found that the case is fit for regularisation, a notice is to be given to the said trespasser indicating the amount assessed and the said trespasser will deposit the first instalment within 15 days serving the notice and as soon as the first instalment paid, the orders for regularisation will be issued by the competent authority. The subsequent instalment shall be payable on or before 15th July of every year.
(5) The price of land so fixed shall be deemed to have become due from the date of order of regularisation and an interest at the rate of 18% per annum shall be payable on the amount of the instalment which has fallen due for payment.
(6) All instalments together with interest if any, shall be paid at the nearest Treasury or Sub-Treasury.
(7) The following rates of rebate shall be allowed to the allottee:-
| For payment of the whole price in one lumpsum at the time of allotment. | Persons belonging to the SC/ST Beneficiary of the/IRDP/Displaced Agriculturists/ Displaced landless Agriculturists/ Released Sagri | Others |
| 15% | 10%] |
[(8) Notwithstanding anything contained in these rules, the Agriculture Cooperative Society to whom land was allotted and the said society provided part of that land to its member for cultivation and the said land has been resumed under the Rajasthan (Allotment of Land to Cooperative Societies) Rules, 1959 or voluntarily surrendered by such member or his successor who got gairkhatedari or khatedari rights in violation of sub-rule (7) of Rule 5 of the said Rules of 1959, if such member, was member of such cooperative society on or before the date of commencement of these amendment rules and same is verified by the concerned registering authority and such members or his successor is bona fide agriculturist and continuously cultivating the said land personally, the allotting authority may on advice of Advisory Committee instead of ejecting him, allot the whole or part of that land subject to ceiling limit on payment of twenty five percent of the reserve price in case of member of Scheduled Castes, Scheduled Tribes, Other Backward Classes and Below Poverty Line families, and on payment of fifty percent of the reserve price in case of others, by reducing the amount already deposited, if any.]
[10. Appeal and Revision. - (1) Any person aggrieved by an order made by the Collector under Rule 6 may, within 30 days of the date of such order, appeal to the Revenue Appellate Authority.
(2) Any person aggrieved by an order of the Revenue Appellate Authority may, within 60 days of the date of such order, file revision to the Board of Revenue for Rajasthan.]
[10A. Notwithstanding anything contained in these rules, after issuing the allotment order by the Allotting Authority, the allottee at the time of taking possession of the allotted agricultural land, shall be allotted vacant land situated in concerned Chak Abadi by the Colonisation Tehsildar on the principle of first come first served.]
[ [11. xxx] ]
Notifications Under the Rajasthan Colonisation (Gang Canal Lands Permanent Allotment) Rules, 1956
Rule 7
- [Notification No. F. 6 (36) Revenue/H/54/Irg. (1), dated 4th July, 1960 - Rajasthan Government Gazette, Part 4-C, dated 11-8-1960.]
In exercise of powers conferred by Rule 7 of the Rajasthan Colonisation (Gang Canal Lands Permanent Allotment) Rules, 1956, the State Government hereby fixes the following scales of prices to be charged for the land allotted under the said rules in the area of the Gang Canal Project:-
| Category | Area | Price | |
| (a) | Perennial irrigated land | Tehsil of Ganganagar Karanpur, Raisinghnagar and Anupgarh | Rs. 400 per bigha. As extra charge of Rs. 100 per bigha will be realised for lands situated within a radius of one mile from any Mandi. |
| (b) | Non-perennial lands | Rs. 7500 per square or Murrabba 25 bighas. | |
| (c) | Barani Lands | Rs. 2500 per square or Murrabba of Barani, on conversion of Barani land into irrigated land, betterment levy will also be charged at usual rates. | |
- [Notification No. F. 22(30) Revenue/Col./65, dated 31-8-1967 - Rajasthan Government Gazette, Extraordinary, Part IV-C, dated 21-9-1967, pages 736-37].
In exercise of the powers conferred by the Rule 7 of the Rajasthan Colonisation (Gang Canal Lands Permanent Allotment) Rules, 1956, and in modification of Irrigation Department Notification No. F. 6 (36) Revenue/II/54/Irg./I dated 4th July, 1960 (published in Rajasthan Rajpatra Part IV-C, dated August 11, 1960 at pages 346 and 347), the State Government hereby refixes the scales at which the price of land allotted under the said rules shall be charged in the Gang Canal Project declared as colony under Revenue Department Notification No. F. 6 (39) Revenue/II/54 dated 3rd September, 1956, in pursuance of clause (ii) of section 2 of the Rajasthan Colonisation Act, 1954, (Rajasthan Act XXVII of 1954), as under:-
| Category of land | Price per bigha in rupees | |
| (a) | Nehri Perennial | 700/- |
| (b) | Nehri Non-Perennial | 500/- |
| (c) | Barani | 250/- |
Provided that within a radius of 2 miles from any Mandi area 25% above the reserve price shall be charged.
- [Notification No. F. 4 (8) Revenue/Col. l75, dated 9-4-1975 - Rajasthan Gazette, Part IV-C, dated 10-4-1975 page 30.]
S.O. 43. - In exercise of the powers conferred by Rule 7 of the Rajasthan Colonisation (Gang Canal Lands Permanent Allotment and Sale) Rules, 1956 and in partial modification of this department Notification No. F. 22 (30) Revenue/Col./65 dated 31-8-1967 published in Rajasthan Rajpatra Part IV-C ordinary dated 21-9-67 at pages 736-37, the State Government hereby adds the following further proviso in the said Notification:-
"Provided further that the land of Johar Paitan shall be allotted/sold at double the scale of prices mentioned above".
- [Notification No. F. 4 (8) Revenue/Col./76, dated 8-3-1976 - Rajasthan Gazette, Extraordinary, Part IV-C, dated 8-3-1976 page 893-894].
S.O. 288. - In exercise of the powers conferred by Rule 7 of the Rajasthan Colonisation (Gang Canal Lands Permanent Allotment and Sale) Rules, 1956, the State Government hereby amends the Notification No. F. 22 (30)/Revenue/Col./65 dated 31-8-1967, published in Rajasthan Gazette Part IV-C Order, dated 21-9-67 at pages 736-37) as under namely :-
In the aforesaid Notification for the figures "700/-", "500/-" and "250/-" the figures "1400/-", "1000/-" and "50/-" shall be substituted respectively.
- [Notification No. F. 4(8) Revenue/Col./76, dated 13-3-1976 - Rajasthan Gazette, Extraordinary, Part IV-C, dated 13-3-1976, 741.]
G.S.R. 145. - In pursuance of Rule 7 of the Rajasthan Colonisation (Gang Canal Lands Permanent Allotment and Sale) Rules, 1956, the State Government hereby refixes as under the scales at which the price for land allotted under the said rules for different kinds of land shall be charged in the commanded and un-commanded lands in the Gang Canal area:-
| Category of land | Price per bigha in Rupees | |
| (a) | Nehri Perennial | 1,225/- |
| (b) | Nehri Non-Perennial | 875/- |
| (c) | Barani | 437.50/- |
Provided that within a radius of 2 miles from any Mandi area 25% above the reserve price shall be charged.
- [Notification No. F. 19(7) Revenue/Col./78, dated 4-6-1981, published in Rajasthan Gazette, Extraordinary Part IV-C, dated 6-6-1981 page 55-56]
G.S.R. 20. - In exercise of the powers conferred by Rule 7 of the Rajasthan Colonisation (Gang Canal Lands Permanent Allotment and Sale) Rules, 1956 and in supersession of all previous notifications issued in this behalf, the State Government hereby fixes scales of reserve price for Command and Un-command land allotted under the said Rules, in the Gang Canal area, as under:-
| S. No. | Category of land | Price per bigha in rupees |
| (i) | Nehri Perennial | 1,225/- |
| (ii) | Nehri Non-Perennial | 875/- |
| (iii) | Barani | 437.50/- |
Provided that:-
(i) For Johar Paitan land situated anywhere, or the Government land situated within a radius of 12 Km from the periphery of a city having population of one lakh persons or more, or within a radius of 8 Km from the periphery of a town having population of fifty thousand or more but less than one lakh persons, or within a radius of 3 KM from the periphery of a town having population of 25 thousand or more but less than 50 thousand persons, and allotted to a landless person, the scale of price shall be four times of the reserve price mentioned above for that class of land, however, that from an allottee belonging to Scheduled Caste or Scheduled Tribe, the scale of price shall be double the reserve price mentioned above;
(ii) for the land situated within 2 Km from Mandi not falling within the cities and towns mentioned in Proviso (i), the price shall be 25% above the reserve price.
Explanation. - The term 'reserve price' means the price fixed under the rules.
- [Notification No. F. 4(16) Col./98, dated 24.4.2001 - Rajasthan Gazette, Extraordinary, Part IV-C(II), dated 16.6.2001, page 143(4).] = 2001 RSCS/Part II/page 602/H. 520
S.O. 100. - In exercise of the powers conferred by Rule 7 of the Rajasthan Colonisation (Gang Canal Lands Permanent Allotment and Sale) Rules, 1956 and in supersession of all previous notifications issued in this behalf the State Government hereby fixes scales of reserve price for Command and Un-command land allotted under the said Rules, in the Gang Canal Area, as under:-
| S. No. | Category of land | Reserve price per Murabba of 25 Bighas (in rupees) |
| 1. | Nali | 10.00 lacs |
| 2. | Nahari | 8.00 lacs |
| 3. | Un-Command | 1.50 lacs |
| 4. | Barani | 1.00 lac |
Provided that:
(i) For Johar paitan land situated anywhere or the Government land situated within a radius of 12 Km. from the periphery of a city having population of one lac persons or more or within a radius of 8 K.M. from the periphery of a town having population of fifty thousand or more but less than one lac persons or within a radius of 3 Km. from the periphery of a town having population of twenty five thousand or more but less than fifty thousand persons and allotted to a landless person, the scale of price shall be four times of the reserve price mentioned above for that class of land however, that from an allottee belonging to a Scheduled Caste or Scheduled Tribe, the scale of price shall be double the reserve price mentioned above.
(ii) For the land situated within 2 Km. from Mandi not falling within the cities and towns mentioned in proviso (i) the price shall be 25% above the reserve price.
Explanation. - The term "reserve price" means the price fixed under the rules.
