Rajasthan Colonisation Project Areas Brick Kiln (Leases) Conditions, 1966

The Rajasthan Colonisation Project Areas Brick Kiln (Leases) Conditions, 1966

Published vide Notification No. F. 4(2) Revenue/Col./65, dated 16-12-66 - Rajasthan Gazette, Extraordinary, Part 4-C, dated 27-7-67

RJ474

LEGISLATIVE HISTORY 6

 

And as amended subsequently by the following notifications:- ·  Notification No. F. 4(21) Revenue/Col./79, dated 20.08.1979-Rajasthan Gazette, Part IV-(C), dated 06.09.1979 ·  Notification No. F. 4(21) Revenue/Col./79, dated 20.10.1981-Rajasthan Gazette, Extraordinary, Part IV-(C), dated 22.10.1981, page 227 ·  Notification No. F. 4(21) Revenue/Col./79, dated 06.08.1982-Rajasthan Gazette, Part IV-(C), dated 19.08.1982, page 85 ·  Notification No. F. 4(21) Revenue/Col./79, dated 30.04.1988-Rajasthan Gazette, Part IV-(C), dated 27.07.1989, page 66 ·  Notification No. F. 4(21) Revenue/Col./79, dated 21.05.1991-Rajasthan Gazette, Part IV-(C), dated 12.11.1992, page 343

In exercise of the powers conferred by section 28, read with sub-section (1) to (2) of section 79 of the Rajasthan Colonisation Act, 1954 (Rajasthan Act 27 of 1954), and in supersession of this Department Notification No. F. 6 (123) Rev: B/55, dated 21-3-1959 [as published in the Rajasthan Gazette , Part IV-C dated the 17th September, 1959,] the State Government hereby prescribes the following conditions for the grant of leases of Government land for the establishment of Bricks Kilns in Project Areas.

General

1. Short title, commencement and application.- (1) These conditions may be called the Rajasthan Colonisation Project Areas Brick Kiln (Leases) Conditions, 1966.

(2) These conditions shall come into force upon their publication in the Official Gazette.

(3) The conditions shall apply to the Gang Canal Colony, the Bhakra Project Area, the [Indira Gandhi] Canal Project Area and the Chambal Project Area, or any other major or medium project area notified by the State Government for this purpose.

2. Interpretations.- (1) In these Conditions, unless there is anything to the contrary in the subject or context,-

(a) 'Act' means the Rajasthan Colonisation Act, 1954 (Rajasthan Act, 27 of 1954);

(b) 'Government' means the Government of Rajasthan;

(c) 'lessee' includes any person holding land under a lease and shall be deemed to include his successors and permitted assigns, and when the terms of the lease include his co-sharers, any liability imposed by the Conditions shall be the joint and several liability of each co-sharer;

(d) 'minerals' include all substances of a mineral nature which can be won from the earth, such as coal, earth, oil, stones and any form of soil which can be used for a profitable purpose on removal whether existing on, over or below the surface of the land;

(e) 'Pajawa'/'kajawa' means a small sized kachcha brick kiln used by village potters and local residents for the manufacture of bricks.

(2) Words and expressions used but not defined in these Conditions shall have the meanings assigned to them in the Act.

3. Exceptions and reservations on behalf of Government.- [(1)]Consistently with the provisions of section 89 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), and Condition No. 7 of the Rajasthan Colonisation (General Colony) Conditions, 1955, Government hereby except and reserves to itself all rights over mines, quarries and minerals, including all substances of a mineral nature other than those which are required for the making of bricks, which may be won from the earth, whether on the surface or below it, with liberty to search for, work and remove the same, in as full and ample a way as if no lease had been granted.

[(2)] For the full enjoyment and use of any of the rights hereby reserved or stipulated, or for the protection and maintenance of any property hereby excepted, it shall be lawful for Government, through its authorised agents, or for any officer of Government duly authorised in this behalf, to enter any land and occupy it in any manner as may be deemed necessary.

[(3)] If the lessee at any time fails to erect, construct or maintain proper boundary marks in accordance with the conditions of such lease, the Collector may, without prejudice to any other rights hereby conferred on the lessee or reserved to the Government, cause such boundary marks to be erected or constructed or repaired as the case may be and may recover the cost incurred thereby from the lessee.

Part 'A'

Provisions relating to brick kilns

4. [Reservation of areas for establishment of brick kilns.- The Collector shall order the reservation of areas for the establishment of brick kilns in mandis, villages and chal abadis after examining their requirements of the mines and Industry Department. In case Government land is not available, the Collector may allot khatedari lands as per provisions given in Part-C.]
5. Demarcation of plots.- Plots not exceeding ten bighas for each brick kiln shall be demarcated in the area reserved for the establishment of brick kilns.
6. Allotment.- (1) The plots so demarcated shall be leased to the public [x x x]for period not exceeding ten years at a time [and priority shall be given in the following order:-

(1) Applicants of the same village where land is situated.

(2) Applicants of the same Panchayat.

If there are more applicant, allotment shall be made by drawing of lots.]

(2) [In various schemes] plots may be reserved for Government departments for running brick manufacturing kilns for the use of the department concerned, on payment of the [specified] lease money. The departments will have to work such kilns departmentally.

[(3) x x x]

[7. x x x]

8. Description of the plots.- Lease of the plots will be made by reference to the number shown in the plan at the office of the Collector.

[9. Rent. - Lessee shall deposit the amount of lease money which shall be six hundred fifty rupees per bigha per annum. The Government department shall deposit the lease amount as per prescribed rate.]

10. Period.- The lease shall be granted for such period as the Collector may fix, not exceeding ten years at a time:

[Provided that the Collector may extend the period of the lease for a period not exceeding five years at a time [on increased rate of 100% of lease amount] .]

11. Obligations of lessees.- (1) The lessees shall execute agreements in the form given in Annexure II and there by covenant with the Government-

(a) not to excavate brick making clay or earth or start any mining operations, or prepare any bricks, without first obtaining a mining lease under the Rajasthan Minor Mineral Concession Rules, 1959, from the Mining Department;

(b) to pay to, or on behalf of, the Government the rent and any other payments which may become due under the lease, at the proper time and place, in such manner as may be prescribed by law or fixed by order of a Competent Authority;

(c) to agree to use the whole or any part of the land only for the purpose for which the lease is granted, namely, making of a brick kiln, and not to use it in any other manner likely to lessen its value, or erect any permanent structure thereon not connected with the purposes for which the lease is granted;

(d) to erect or construct permanent marks demarcating correctly the boundaries and limits of the land and at all times to maintain the same in good repair in accordance with any directions issued in that behalf by the Collector from time to time;

(e) not to do, or suffer to be done, any act inconsistent with, or injurious to any of the rights hereby excepted and reserved to the Government or any other person, and in particular to permit without let or hindrance all officers or servants of Government, or other persons duly authorised by Government in this behalf, to enter upon the land, at all times and to do all acts and things necessary for or incidental thereto; and for-

(i) the purpose of enforcing compliance with any of the terms of the lease; and

(ii) any purpose connected with the full enjoyment, discovery and use of the mineral or other rights reserved to Government without any claim to compensation, whether by way of remission of rent otherwise, except as may be specifically provide;

(f) not to interfere with the lawful use by the public of the existing rights and easements thereon by any third person; and

(g) not to assign, sub-let or transfer, by mortgage or otherwise, or part with the land or any part thereof, without the permission in writing of the Government.

(2) The lessee or any other person holding the land or any part thereof shall bind himself that if he commit breach of any of the aforesaid conditions, or fail to perform any of the condition of lease, or suffer, or permits, such breach or non-performance, the Collector shall, at any time, after giving him a notice of thirty days and an opportunity to appear and state his objections, be entitled to determine the lease and re-enter on the land, and, if necessary, require the lessee or such other person to pull down and remove any buildings, structures or constructions made on the site, or material lying thereon, within a period specified by the Collector after the determination of the lease and on his failure to do so, the Collector shall be free to cause the same to be removed at the expenses of the lessee or such other person or to fix and pay reasonable compensation for the same after deducting any amount that may be found due from him on the date of such payment and the cost incurred in the removal of structures, whereupon such buildings and material etc. shall absolutely vest in the Government.

[(3) the lessee shall not allow or create any charge on this land except in case the loan is taken from financial institutions for the development of brick kiln].

12. Grant of mining licence.- Immediately on grant of a lease by the Collector under Condition No. 10, the Collector shall inform the Mining Department, and on receipt of such intimation from the Collector, the Mining Department shall issue a mining lease for brick earth under the Rajasthan Minor Mineral Concession Rules, 1959, valid for the period of the lease granted by the Collector.

Part B

Provisions Relating to Pajawas/kajawas

13. Pajawas/Kajawas set up on ones holding.- In consonance with the exemption granted under the Rajasthan Minor Mineral Concession Rules, 1959, no permission shall be required if a tenant to whom khatedari rights have accrued sets up a pajawa/kajawa in any ghair mumkin land included in his holding, subject to the condition that the area so used shall not exceed half a bigha and that the bricks made in such pajawa/kajawa shall be used by the tenant himself for the construction or repairs of-

(a) irrigation tanks, nalas and nadis;

(b) wells; and

(c) compound walls for fields or his residential house including compound walls.

14. Reservation of areas for establishment of Pajawas/ Kajawas.- The Collector shall, in consultation with the village Panchayat, order the reservation, where necessary, of areas for the establishment of pajawas/kajawas in mandis, villages and chak abadis.
15. Demarcation of plots.- Demarcation of plots not exceeding one half bigha each for running pajawas/kajawas in villages or chak abadis, other than the plots for brick kilns, shall be made by the Collector according to the requirements of a village or chak abadi.
16. Allotment of plots for Pajawas/Kajawas.- The plots for pajawas/ kajawas may be leased out by the Collector to individual persons without auction on the recommendation of the village Panchayat, and the Tehsildar concerned provided that there is only one application for the same. The rent chargeable in such cases shall be rupees ten per plot per annum provided that plots for pajawas/kajawas shall be leased out by open auction if there are more than one applicant for the same plot.
17. Period of lease for Pajawas/Kajawas.- The period of lease for pajawas/kajawas shall not exceed five years at a time.
18. Lease deed not necessary.- No form lease-deed need be executed for any land allotted for a pajawa/kajawa, the Collector's order of allotment, which shall be in the form given in Annexure III, shall serve the purpose of a licence.

[Part-C]

Provisions Relating to Allotment and Conversion of Khatedari Land for Establishing Brick Kiln

19. Allotment and Conversion of khatedari land for establishing brick kiln.- In case the Government land is not available and-

(1) A khatedar tenant wishes to establish brick kiln on the whole or part of his khatedari land may submit an application in writing to the Collector/Colonisation Commissioner in whose jurisdiction the land applied for is situated, in the form given in Annexure II.

(2) Such application shall be verified by the applicant as a plaint in accordance with the provisions of the Code of Civil Procedure, 1908.

(3) The application shall be registered and enquired into by the Collector separately. After making such enquiries as he considers necessary, the Collector may either reject the application or issue orders regarding the allotment and conversion of the land.

20. Conditions of allotment and conversion for brick kiln.- (1) When an application under sub-section (1) of Condition 19 is made by a person having khatedari rights in an agricultural land, he shall have to surrender his khatedari rights.

(2) After the khatedari rights are surrendered by the applicant, the land shall be allotted to him on lease basis on the terms and conditions mentioned in these rules.

(3) The lessee shall pay the lease amount which shall be four hundred rupees per bigha per annum.

21. Status of land on reversion.- In all cases in which an applicant applies for conversion of land for establishing brick kiln on his agricultural land, he shall be deemed to have surrendered his tenancy rights upon such conversion but with the stipulation that he shall have the right to revert to the original use of the land after the expiry of the lease period or at any stage subsequently. On such reversion, his status shall be the same as he had held before conversion but he shall not be entitled to any refund of the amount paid by him for the conversion.

[x x x]

Annexure I

[See Condition No. 18]

Form of Order

Lease of Government land for pajawas/kajawas under Rajasthan Colonisation Project Areas Brick Kiln (Leases) Conditions, 1966

In pursuance of the provisions of Part 'B' of the Rajasthan Colonisation Project Areas Brick Kiln (Leases) Conditions, 1966, I, ................ Collector of.............. District, hereby accord sanction to the allotment of the land .......... particulars hereof are given below........ to Shri.......... s/o Shri........... resident of....... village, for the establishment of a pajawas/kajawas, on the terms and conditions mentioned below:-

1. Particulars of land:-

(i) Name of mandi, village or chak abadi, with name of tehsil

(ii) Chak No./Murabba No./Kila No. or Khasra No.

(iii) Soil Class.

(iv) Area.

2. Rent payable......... @ Rs. 10/-per plot per annum.
3. Period............. years.

With effect from .............. (date).

4. The allottee shall deposit the rent for one year in advance in tehsil.......... within three days of this order and in future rent as mentioned above shall be paid every year on............ (date).
5. If the rent for any year is not paid on the date mentioned, it shall be realised as an arrear of rent and this allotment order may be cancelled and thereafter proceedings under section 22 of the Rajasthan Colonisation Act, 1954 (Rajasthan Act 27 of 1954), may be started.
6. The allottee shall use the land for the purpose for which it is allotted, viz., the setting up of a Pajawa/Kajawa, and for no other purpose; and if he uses the land for any other purpose or fails to pay the stipulated rent, the allotment shall be cancelled and the land resumed.
7. The allottee shall be deemed to have understood the provisions of the Conditions and to have agreed to abide by the terms and conditions of this order.

Sd/- Collector of..............       district.......................

Copy to Shri..................       s/o Shri.......................(allottee).

Copy to Tehsildar ............... for necessary action. He should realise the rent as above and see that the terms and conditions are enforced.

Date.....................

Place ....................

Sd/- Collector.

[Annexure II]

(See Condition 19)

To

The Collector,

District...........

1. I, hereby apply under condition 19 of the Rajasthan Colonisation Brick Kiln (Leases) Conditions, 1966 for permission to use my khatedari agricultural land, for establishing brick kiln.
2. The required particulars are given below:-

(a) Name of the applicant with parentage and address;

(b) Khewat number if any;

(c) Khasra Number,

(d) Area to be converted in square yards;

(e) Classification of land;

(f) Annual land revenue;

(g) Use to which the land was put during last three years.

3. That I am the khatedar tenant of land applied for conversion and the land stands in my name in revenue records; the certified copies of which are enclosed herewith.
4. I, hereby certify that the information given above is correct according to the best of my knowledge and belief and I hereby bind myself to pay necessary premium and abide by the conditions on which the land is allotted and leased to me for the establishment of Brick Kiln.

Witness

Dated

Signature of the applicant.