The Rajasthan Colonisation (Sale and Allotment of Land in Mandis in the Bhakra and Indira Gandhi Canal Projects Colony Areas) Conditions, 1973

Published vide Notification No. G.S.R. 59/F. 3 (34) Revenue/Col/64, dated 25-1-1973 - Rajasthan Gazette, Extraordinary, Part 4-C, Sub-part 1, dated 29-1-1973

RJ471

LEGISLATIVE HISTORY 6

And as amended subsequently by the following notifications:-

· Notification dated 03.11.1973-Rajasthan Gazette, dated 06.11.1973

· Notification dated 24.02.1975-Rajasthan Gazette, dated 27.02.1975

· Notification dated 15.04.1975-Rajasthan Gazette, dated 24.04.1975

· Notification dated 30.04.1975-Rajasthan Gazette, dated 08.05.1975

· Notification dated 24.10.1975-Rajasthan Gazette, dated 30.10.1975

· Notification dated 27.11.1975-Rajasthan Gazette, dated 29.11.1975

· Notification dated 25.08.1976-Rajasthan Gazette, dated 26.08.1976

· Notification dated 09.03.1977-Rajasthan Gazette, dated 24.03.1977

· Notification dated 09.09.1977-Rajasthan Gazette, dated 22.09.1977

· Notification No. F. 4(7) Revenue/Col/80, dated 09.09.1980-Rajasthan Gazette, Extraordinary, Part IV-(C), dated 12.09.1980, page 178

· Notification No. F. 4(29) Revenue/Col/79, dated 27.09.1980-Rajasthan Gazette, Part IV-(C), dated 16.10.1980, page 199

· Notification No. F. 4(7) Revenue/Col/80, dated 29.11.1980-Rajasthan Gazette, Part IV-(C), dated 25.12.1980, page 518

· 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. 4(7) Revenue/Col/80, dated 12.03.1981-Rajasthan Gazette, Part IV-(C), dated 19.03.1981, page 493

· Notification No. F. 4(7) Revenue/Col/80, dated 12.03.1981-Rajasthan Gazette, Part IV-(C), dated 06.06.1981, page 145

· Notification No. F. 4(13) Revenue/Col/77, dated 08.02.1982-Rajasthan Gazette, Part IV-(C), dated 05.05.1982, page 69

· Notification No. F. 4(25) Revenue/Col/82, dated 21.03.1983-Rajasthan Gazette, Part IV-(C), dated 24.03.1983, page 784

· Notification No. F. 4(7) Revenue/Col/88, dated 12.08.1988-Rajasthan Gazette, Part IV-(C), dated 22.09.1988, page 244

· Notification No. F. 18(46) Revenue/Col/76, dated 07.12.1988-Rajasthan Gazette, Part IV-(C), dated 16.03.1989, page 201

· Notification No. F. 13 (9) Revenue/Col/88, dated 25.03.1989-Rajasthan Gazette, Part IV-(C), dated 20.04.1989, page 3

· Notification No. F. 4(4) Revenue/Col/86, dated 01.10.1988-Rajasthan Gazette, Part IV-(C), dated 13.07.1989, page 50

· Notification No. F. 4(4) Revenue/Col/86, dated 21.06.1989-Rajasthan Gazette, Part IV-(C), dated 28.09.1989, page 122

· Notification No. F. 13 (6) Revenue/Col/89, S.O. 162, dated 09.03.1992-Rajasthan Gazette, Part IV-(C), dated 12.11.1992, page 339

· Notification No. F. 4(4) Revenue/Col/86, G.S.R. 1, dated 23.03.1994-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 02.04.1994, page 1(1), w.e.f. 02.04.1994 = 1995 RSCS/Part II/page 2/H. 3

· Notification No. F. 13(7) Revenue/Col/89, dated 16.10.1996-Rajasthan Gazette, Extraordinary, Part I-B, dated 28.12.1996, page 1353(1), w.e.f. 28.12.1996 = 1997 RSCS/Part II/page 332/H. 225

· Notification No. F. 4(8) Col/96, S.O. 294, dated 26.02.1997-Rajasthan Gazette, Extraordinary, Part IV-C(II), dated 06.03.1997, page 356, w.e.f. 06.03.1997 = 1997 RSCS/Part II/page 675/H. 348

· Notification No. F. 4(12) Col /97, G.S.R. 26, dated 14.05.2002-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 23.05.2002, page 35(3), w.e.f. 14.05.2002 = 2002 RSCS/Part II/page 443/H. 459

In exercise of the powers conferred by section 28 read with section 7 of the Rajasthan Colonisation Act, 1954 (Rajasthan Act 27 of 1954) and Sections 260 and 261 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), the Government of Rajasthan hereby prescribes the following Conditions for the sale and allotment of Government land for the establishment and development of Mandis in the Colony areas of Bhakra and Indira Gandhi Canal Projects, namely:-

Part I

Preliminary

Short title, extent and commencement.- (i) These Conditions may be called the Rajasthan Colonisation (Sale and Allotment of Land in Mandis in the Bhakra and Indira Gandhi Canal Projects Colony Areas) Conditions, 1973.

(ii) These conditions shall apply to all the Mandis in Bhakra and Indira Gandhi Canal Projects Colony Area.

(iii) These conditions shall come into force at-once.

Definitions.- (1) "Act" means the Rajasthan Colonisation Act, 1954 (Rajasthan Act 27 of 1954);

(2) "Colonisation Commissioner" means an officer appointed by the State Government as Colonisation Commissioner or Additional Colonisation Commissioner;

(3) "Committee" means the Mandi Development Committee constituted under Condition 3 (1);

(4) "Development" means and includes:-

(i) Clearing, cutting, filling, levelling and scraping of the land;

(ii) Horticulture and arboricultural operations;

(iii) Providing services such as roads, lanes, paths, drainage, sewage, water supply, electricity and street lightening;

(iv) Bringing water supply and electricity from the nearest possible supply points;

(v) Constructing approach roads and providing outfall drains and sewers wherever necessary; and

(vi) Utilising an area for the provision of community facilities e.g. parks, play grounds, schools, hospitals, dispensaries, welfare and community centres, places of entertainment, banks, Krishi Upaj Mandis, market compounds, post offices, police stations, fire stations, buildings required for the administration of the Mandi, cremation and burial grounds [dhobi ghats and warehouses.]

(5) "Executive Officer" means a person appointed by the State Government to discharge and exercise the functions and powers of the Executive Officer of the Committee constituted under condition 3(1);

(6) "Form" means a form annexed to these Conditions;

(7) "Joint Family" means an undivided Hindu family and shall include in the case of the other persons a group or unit of members which are by custom or usage joint in estate or residence;

(8) "Low Income group", means group of persons having an income up to Rs. [1500/-] p.m. or such other limit as the State Government may from time to time fix;

(9) "Mandi" means an area forming part of a Colony commanded by Bhakra or Indira Gandhi Canal Project which has been or may hereafter be declared by the State Government as 'A', 'B', 'A' or other class Mandi or shown as such in Schedule I;

(10) "Obnoxious Industry" shall be deemed to be carried on or in any site or building erected on a site, if the site or building is used for any of the following purposes, namely:-

(i) melting tallow, dressing raw hides, boiling bones, offal or blood;

(ii) as a soap house, oil-boiling house, dyeing house or tannery;

(iii) as a brick field, brick kiln, charcoal kiln, pottery or line kiln;

(iv) as any other manufacturing house, engine house, store house or place of business from which offensive or unwholesome smells, gases, noises or smoke arise;

(v) as a yard or depot for trade in un-slaked lime, hay, straw, thatching grass, wood charcoal, coal or other dangerously inflammable material; and

(vi) as a Store-house for any explosive petroleum or inflammable material;

(11) "Reserve price" means the price of plot as determined by the State Government from time to time after taking into consideration:-

(i) The cost of land;

(ii) The cost of Development; and

(iii) The Administrative charges equal to 20% of (i) and (ii);

(12) "Sale" means Transfer of lease hold rights for a period not exceeding 99 years and the words 'sell', 'sold', 'seller' and 'purchaser' shall mean accordingly;

(13) "Schedule" means a Schedule appended to these Conditions;

(14) "Area Development Commissioner" Indira Gandhi Canal Project, Bikaner" means an officer appointed by the State Government as such.

Constitution of Committees.- (1) The State Government for the purpose of development of land all the mandis shall constitute a Committee or more Committees for different areas, which shall consist of the following:-

(a)	Area Development Commissioner, R. C. P., Bikaner	Chairman
(b)	District Collectors of the are	Member
(c)	Executive Engineer (Mandi Division) Public Works (B & R) Department of the area	Member
(d)	Executive Officer	Member-Secy.
(e)	Any other person who may be appointed by the State Government	Members

[Provided that whenever the State Government considers it expedient in the public interest, it may, by notification in the Official Gazette, appoint an Administrator for such period as may be specified in the notification and may by like notification curtail or extend the period of such appointment:

Provided further that on the appointment of Administrator under the foregoing proviso, all the powers and duties of the committee shall be exercised and performed by the Administrator so appointed and he shall be deemed to be a duly constituted committee for the purpose of these Conditions.]

(2) The Committee constituted under sub-condition (1) may delegate such of its functions under these Conditions, as are approved by the State Government, to a Sub-Committee thereof.

(3) Subject to the approval of the State Government, the Committee may make regulations for the conduct of its business.

(4) The headquarter of the Committee shall be at Hanumangarh or at any other place as determined by the State Government but the Committee may meet at any other place or places as and when necessary.

Demarcation of Sectors and their Division into Plots.- (1) In a mandi area the Committee shall demarcate sectors separately for the following purposes namely:-

(i) For Residential Purposes;

(ii) For Residential cum-commercial Purposes;

(iii) For Commercial purposes;

(iv) For Industrial Purposes; and

(v) For Public Purposes.

(2) The sectors shall be sub-divided by it into plots of suitable sizes.

(3) [The land so demarcated for Public purposes shall be allotted by the Mandi Committee to the Central or State Government Department/Undertaking on payment of the price at the following rates:-

(i)	Central Government Department/Central Government, and State Government Public Undertaking sex clouding Krishi - Upaj-Mandi Samiti	At current marketrate
(ii)	State Government Department	At reserve price]

Reservations.- [(1) In sectors for residential purposes 40% of the total number of plots shall be reserved for sale by way of allotment and the remaining plots shall be sold by public auction.]

[(2) Residential plots reserved for allotment shall be of the following sizes [and rates]:-

[Income per month for persons having monthly income		Plot size	Rate to be charged
(i)	Upto Rs. 700/- P.M.	110 Sq. Yds.	50% of the reserve price
(ii)	Rs. 701/- to 2000/- P.M.	215 Sq. Yds.	75% of the reserve price
(iii)	Rs. 1501/- to 2000/- P.M.	300 Sq. Yds.	Reserve price + 10% of the reserve price.]

Part II

Public Auction

Who may bid.- In an auction, bid may be given by a person either in his own name or in the name 6f any other person, registered partnership firm, registered society or registered company. But in case the bid given by a person, not in his own name before the start of auction he has to produce before the Officer conducting the auction a power of attorney in his name [from]the person, firm, society or company on whose/which behalf he is bidding. He has further to produce at that time the necessary documents that the firm, society or the company, as the case may be, is duly registered and the objects, rules, regulations and memorandum and articles of the association of the firm, society or the company as the case may be, permit it to purchase a plot and he has the authority to enter into an agreement of sale on its behalf.
Auction Notice.- (1) As soon as it is decided by the Committee to sell plots by public auction the Executive Officer shall issue an auction notice for intended sale in Form I.

[(2) The auction notice shall be published at-least two weeks before the date of auction, either in the official Gazette or in some other local registered Hindi Newspaper. Copies of the notice shall also be pasted on the notice boards of offices of the Mandi Development Committee, District Collector of the area, Colonisation Commissioner, Municipal Board or Panchayat Samiti and Gram Panchayat having jurisdiction in the Mandi area.]

(1) (a) On the notified date and time auction shall be conducted by the Auction Committee consisting of the following:-

[(i)	Executive Officer (Mandi) or any other Senior Scale RAS Officer nominated by the Collector.	Chairman
(ii)	Concerned SDO or any other RAS officer nominated by the collector.	Member
(iii)	District Treasury Officer or his nominee.	Member
(iv)	Concerned Colonisation/Revenue Tehsildar as the case may be. (Revenue Tehsildar shall be member only if Mandi areas is not part of colony area).	Member

[(2) The officer conducting the auction may, after recording reasons for doing so, adjourn the auction and conduct it on any future specified date and time.

(3) Bids for the plots shall be invited by reference to its numbers shown in the plan available with the officer conducting the auction. Any mistake or error in the auction notice if it is not material in respect of the reference or description of the plots, and does not cause prejudice in the auction or sale, not annul the auction or sale, nor it shall make any auctioning authority liable for any compensation in respect thereof.]

(4) No bid lower than the reserve price shall be accepted. In case for a plot there is no bidder for or over the reserve price and [Auction Committee] considers that the reserve price needs down-ward revision, he may recommend to the State Government for the same through the Committee and the State Government may do so. Thereafter, the revised price shall be reserve price of the plot.

(5) No person shall be allowed to bid for a plot until and unless before the auction starts he has deposited an earnest money of [Rs. 2000/-] for residential plot [and] [Rs. 5,000/-] for residential cum-commercial or commercial plot, as the case may be, with [Auction Committee], At the close of the auction it shall be refunded to the unsuccessful bidder on the spot and in case of successful bidder it shall be adjusted towards payment of price.]

(6) On the fall of hammer, the successful bidder has to deposit on the spot to [Auction Committee]25% of the bid money, either in cash or by means of a demand draft in the name of the Executive Officer drawn on Scheduled Bank situated at the headquarter of the Executive Officer or at a place where a branch of the State Bank of India is functioning or at any other place as directed by the Executive Officer. The successful bidder has also to sign the form of offer in Form II.

(7) In case the successful bidder retracts his bid or fails to deposit 25% of the bid money in accordance with sub-condition (6), the earnest money deposited by him shall be forfeited to the State Government. In this case [Auction Committee] shall be free to rc-auction the plot then and there and any deficiency in sale price which may result due to re-auction shall be made good by the previous successful bidder who retracted the bid or failed to deposit 25% of the bid money.

(8) The result of the auction shall be communicated to the Chairman of the Committee, who shall pass final orders either confirming or rejecting the bid. The decision of the Chairman thereon shall be final.

Payment of price.- (1) As soon as the bid is confirmed by the Chairman of the Committee, the successful bidder shall be informed of it by a written notice in Form III by the Executive Officer.

[(2) (i) The successful bidder shall deposit the remaining three fourths of the bid within thirty days from the date of issue of the order of the Chairman of the Committee accepting auction and in case he fails to deposit of his own motion within thirty days, a notice in form III shall be issued to the bidder for depositing the remaining three fourths amount within 30 days from the date of issue of notice.

(ii) In case the bidder fails to deposit within 60 days from the date of issue of the order of the Chairman of the committee accepting auction, interest at the rate of 12% per annum shall be charged from the date of the acceptance of the bid.

(iii) If the bidder fails to deposit the remaining three fourths amount after notice within 90 days or an extended period not exceeding 30 days Executive Officer shall be free to take action for the cancellation of the bid and in that case the amount deposited previously shall be forfeited in favour of the mandi.]

[Provided that no order of cancellation of allotment of land shall be passed without giving an opportunity of being heard to the allottee. If any allottee or purchaser deposits the outstanding amount alongwith interest thereon, the allotment shall be restored to the person, in case the land has not been allotted to another person. The rate of interest shall be for the period of 12 months @ 18% per annum and beyond this period @ 24% per annum.]

(3) [x x x]

Part III

Allotment

Persons eligible to allotment.- The following categories of persons who do not own or owned, either in his own name or in the name of any other members of his joint family, any residential plot or house any where in any Mandi area of Rajasthan, on the date of commencement of these Conditions or thereafter, shall be eligible to allotment of residential plots:-

(1) Persons belonging to low income group;

(2) Persons belonging to Scheduled Castes or Scheduled Tribes; and

(3) Displaced persons, whose lands were acquired for the development of a Mandi.

Extent of allotment.- Persons eligible to allotment may be allotted a residential plot to the extent and size as mentioned in Condition 5 (2).
Allotment Notice.- As soon as it is decided by the Committee to make allotment of residential plots, the Executive Officer shall issue an allotment notice for intended allotment in Form IV. It shall be published in the manner as laid down in Condition 7 (2).
Applications for allotment.- [(1) All applications for the allotment shall be in the form of a plaint in form V and shall be submitted to the Executive Officer within 30 days of the date of publication of allotment notice in Form "IV".]

(2) The Chairman of the Committee by a general order may extend the period of submission of applications by 15 days. Applications which are submitted after the prescribed or extended time, as the case may be, shall not be taken into consideration.

(3) The applications shall be submitted with or on a court fee stamp of Re. 1/- and shall be accompanied by an earnest money of Rs. 25/- in case of person belonging to low income group and Rs. 50/- in case of others. No earnest money deposit shall be necessary in case of persons belonging to Scheduled Castes or Scheduled Tribes.

Scrutiny of applications and publication of Lists.- (1) On receipt of an application, the Executive Officer shall immediately register it in a register in Form VI, in order in which it is so received and shall issue to the applicant receipt in Form VII.

(2) The Executive Officer shall scrutinise all the applications and the affidavits annexed thereto. After scrutiny, he shall prepare two separate lists, one each of persons who are found eligible and not eligible for allotment under the Conditions, giving brief reasons in the remarks column for illegibility.

(3) Within 7 days of the last date for submitting applications, the lists prepared as per Sub-Condition (2) shall be affixed by the Executive Officer on his notice board. He shall simultaneously fix a date, which shall not be less than 30 days from the date of affixing of lists, time and place for drawing of lots for allotment to the persons found eligible to allotment under Sub-Condition (2).

[The applicants whose applications have been rejected shall be informed in writing.]

[The earnest money deposited along-with the application under condition 13 (3) shall also be refunded.]

(4) Within 15 days of affixing of the lists on the notice board, an appeal against the order of the Executive Officer under Sub-condition (2) may be made by an aggrieved person to the [Area Development Commissioner] and the decision of the [Area Development Commissioner] thereon shall be final.

Procedure of Allotment.- (1) All allotments of residential plots under these conditions shall be made by drawl of lots in the manner prescribed in Schedule II.

(2) The results of the drawl of lots shall be communicated to the Chairman of the Committee, who shall pass final orders of allotment. The decision of the Chairman thereon shall be final.

Payment of price.- (1) As soon as an order of allotment is passed by the Chairman, the allottee shall be informed of it by a written notice in Form VIII.

[(2) An allottee shall pay the price of the plot at the following rates:-

(i) For a plot of 100 [Sq. Meter] @ Rs. 4/- per [Sq. meter]

(ii) For a plot of 150 [Sq. Meter] @ Rs. 6/- per [Sq. meter]

He shall pay 25% more of the above price, if the plot is also provided with under ground sewage.]

[(3) On receipt of notice in Form VIII, the allottee has to deposit 50% of the price as prescribed in sub-condition (2) within 30 days. The remaining 50% of the price shall be recoverable in two equal half yearly instalments from the date on which possession is handed over.]

[(4) On receipt of notice in Form VIII, the allottee has to deposit 25% of the price as prescribed in Sub-Condition (2) within 30 days. The remaining 50% of the price shall be recoverable in two equal half yearly instalments from the date on which possession is handed over.]

[Provided that no order of cancellation of allotment of land shall be passed without giving an opportunity of being heard to the allottee. If any allottee or purchaser deposits the outstanding amount along-with interest thereon, the allotment shall be restored to the person, in case the land has not been allotted lo another person. The rate of interest shall be for the period of 12 months @ 18% per annum and beyond this period @ 24% per annum.]

Allotment of plots for industrial purposes.- Allotment of plots for industrial purposes shall be made according to the terms and conditions as specified in the Rajasthan Industrial Areas Allotment Rules, 1959.

[17A. Allotment of plots for public purposes. - The allotment of the plots in the sector set apart for public purposes under Condition 4 (1) (v), shall be made by the Committee:-

(a) On payment of 50% of the sanctioned reserved price; or

(b) With the prior permission of the State Government, free of cost.]

[Provided that no order of cancellation of allotment of land shall be passed without giving an opportunity of being heard to the allottee. If any allottee or purchaser deposits the outstanding amount along-with interest thereon, the allotment shall be restored to the person, in case the land has not been allotted to another person. The rate of interest shall be for the period of 12 months @ 18% per annum and beyond this period @ 24% per annum.]

Part IV

General

Purchaser and Seller includes.- For the purposes of these conditions, the words 'Purchaser' and 'Seller' shall mean and include their successors, transferees and [assignees].
Conditions of grant.- (1) All sales under these Conditions, whether by way of auction or allotment, shall be considered as a grant and the provisions of the Rajasthan Government Grants Act, 1961 shall be applicable thereto.

(2) The sale shall be subject to the following conditions:-

(i) The Purchaser shall pay the full sale price well within time;

(ii) The Purchaser shall also pay in respect of the plot, all other general and local taxes and ceases for the time being in force to the concerned authorities and shall pay lo the Committee an urban assessment equal to 2.5% of the [reserve price or fixed price as the case may be]per annum in case of plots sold for residential purposes and 5% of the [reserve price or fixed price as the case may be] per annum in case of others. For the first 2 years of the sale, only 50% of the urban assessment shall be charged:

[Provided that it is at the option of the purchaser, if he deposits one time urban assessment which would be equal to ten times of yearly urban assessment then he shall be exempted from further liability of urban assessment.]

[(iia) If the urban assessment is not deposited in time, then the interest at the rate of 12% per annum shall be charged]

(iii) After every 15 years of sale the urban assessment shall be liable to an increase up to 25% by revision by the Committee;

(iv) The Purchaser shall not, save with the prior written permission of the Executive Officer use the plot for any purpose other than that for which it is sold to him;

(v) The purchaser shall not, save with the prior written permission of the Executive Officer may make any sub-division or fragmentation of the plot;

(vi) The Purchaser shall not, save with the prior written permission of the Executive Officer transfer the plot or any right, title, or interest therein to any other person, until and unless the full price of it has been paid to the Executive Officer and in case of plot sold by way of allotment the Purchaser shall not do so before the expiry of 7 years from the date of allotments:

[Provided that a purchaser may mortgage the plot in the whole or part for the purpose of obtaining loan for construction on the plot from the Life Insurance Corporation or a Land Development Bank as defined in the Rajasthan Cooperative Societies Act, 1965 (Rajasthan Act 13 of 1965) or any Scheduled Bank in such cases the Government shall have first charge.]

[(vii) Within two years of the receipt of notice in Form III or Form VIII the purchaser or allottee shall complete the construction and use plot for the purpose for which it is sold or allotted to him. The construction and use shall be made in accordance with the conditions, rules, or bye-laws, if any prescribed by the State Government, the Committee or any other local authority duly constructed in this behalf. The prescribed period of 2 years may be extended by the Committee up-to 12 months on the application of the purchaser or allottee.]

(viii) The Purchaser shall not save with the prior written permission of Executive Officer carry on any obnoxious industry on or in any plot or building erected therein or on;

(ix) In case of breach of any conditions by the Purchaser, the grant may be resumed by the Executive Officer, without payment of any compensation to the Purchaser.

(x) Government power to enforce compliance of the Conditions. - The State Government shall have full rights, powers and authority at all times to do all acts and things which may be necessary or expedient for the purposes of enforcing compliance with all or any of the terms and conditions of the grant and to recover from the purchaser as first charge upon the plot and building therein, all costs of doing all or any of such acts or things or incurred in connection with or in any way relating thereto.

(3) The sale shall be further subject to all reservations and conditions in favour of the State Government which are set forth in the sale deed in Form IX.

[20. Delivery of possession. - The Executive Officer shall give possession of the land to the purchaser [or the allottee] only when he has deposited the full bid amount. After taking possession, the purchaser [or the allottee] may obtain from the Executive Officer a letter of authority to start construction on the plot in accordance with the conditions, rules or bye-laws, if any prescribed by the State Government, the Committee or any other local authority duly constituted in this behalf.]

Sale Deed and its registration.- (1) For executing the sale deed in Form IX the Purchaser shall deposit the required non-judicial revenue stamps with the Executive Officer together with the deposit of last instalment of price. He shall also deposit therewith required fees for registration.

(2) Within 15 days of deposit of full price of the plot, the required nonjudicial stamps and the fees for registration, the Executive Officer shall execute a sale deed of the plot in favour of the Purchaser in Form IX and shall get it duly registered. The information thereof shall be sent to the Purchaser in Form X.

Accounting of Sale Proceeds.- All the sale proceeds shall be credited lo the Consolidated Fund of the State and funds for the development of Mandis shall be made available by the State Government after taking into consideration all these proceeds.
Repeal and Savings.- (1) On and from coming into force of these Conditions, the Rajasthan Land Revenue (Sale and Allotment of Land in Mandis) Rules, 1957, shall stand repealed.

(2) The repeal shall not effect anything done or action taken under the Rules so repealed.

(3) All allotments/sale of Government lands in the Mandis to which these Rules extend made before the commencement of these Rules on a permanent or lease hold basis irrespective of the area allotted/sold to each allottee/ purchaser be deemed to have been made under these rules and the allottee/purchaser shall be liable to pay the price of such land at the rates and in the manner prescribed in the rules repealed under Sub-rule (1).

[Special powers of the State Government].- Nothing contained in these Rules shall at any time, in any manner limit the powers of Government to dispose of any land in any manner if deems fit.

[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.]

Schedule I

[See condition 2 (9)]

(1)	List of Mandis in Bhakra Canal Project:-
	Class "B"	1. Bhadra 2. Nohar 3. Sangaria 4. Sadulshahar 5. Pilibangan 6. Telwara Jheel
	[xxx]
(2)	List of Mandis in Indira Gandhi Canal Project:-
	Class "A"	1. Hanumangarh Junction. 2. Hanumangarh Town. 3. Suratgarh.
	Class "B"	1. Rawatsar 2. Anoopgarh 3. Jctsar 4. Chhattargarh 5. Sri Bijaynagar 6. Poogal
	Class "C"	1.Tibbi [2. x x x] 3. Gharsana [4. xxx] [5. x x x] 6. Danlor [7.xxx] [8. x x x] 9. Ramsinghpur [10. xxx] [11. Loon Karansar 12. Rawala. 13. Bericuiwali]

[Particulars of Land]

Gharsana Old Mandi (District Sriganganagar)

Chak No.	Murraba No.	Killa Number							Total
1	2	3							4
2 M.L.D./A	66/23	8,9, 12, 13, 18, 19, 20							7.0 Killa
	66/23	21							0.18 Biswa
		22							0.18
		23							0.18
	66/22	23		24			25		2.08
		1.0		0.18			0.10
2 M.L.D./A	66/15	1	2	3		4		5	16.08
		0.07	0.11	0.011		0.11		0.08
		6 rk 15			6 rk20
		10.00			4.00
	66/23	14		17			24		0.18
		0.07		0.06			0.05
		Total Killa							29.08

Schedule II

[See Condition 15 (1)]

The programme of drawing of lots shall be conducted by the Executive Officer.
The lots will be drawn on the date, time and place as fixed under Condition 14 (3). It shall be drawn by one of the person selected at random from amongst the spectators.
The date, time and place for the drawing of lots shall be given wide publicity by publication of notices in two leading newspapers and hand bills and local publicity by beat of drum. Applicants will be allowed to present at the time of draw, if they so desire.
Lots will be drawn separately for different sizes of plots in each sector, and for different, categories of applicant.
Separate lists of all eligible applicants of different categories shall be prepared in the following form in Part I of it:-

Form

(1) Name of the sector	..............
(2) Size of the plots	..............
(3) Category of applicants	..............

Part I

S. No.	Names of applicants with addresses	S. No. of Register of Applications under Condition 14(1)	Remarks
1	2	3	4

Part II

No. of plot to be allotted	Remarks	Signature of Executive Officer
5	6	7

Signature of the Executive Officer, Mandi Development Committee.

For the purpose of drawing lots, two boxes of suitable sizes shall be taken. Box No. 1 will contain paper slips (rounded up in the shape of balls) each bearing the number of the eligible applicant as per list and box No. 2 will contain paper slips (rounded up in shape of balls) each bearing the number of the plot to be allotted.
After the Executive Officer has satisfied himself that the slips have been duly prepared for all eligible applicants and of all available plots for a particular draw all slips shall be rounded up into balls, be put into respective boxes and the lots shall be drawn.
For the same, the slips one each from the two boxes shall be drawn separately. The applicant whose number is drawn from Box No. 1 shall be entitled to plot the number of which is drawn from Box No. 2. The result of each draw shall be simultaneously recorded in Part II of the list, as prescribed in para 5 above and shall be signed by the Executive Officer. This process shall be continued till all the slips of either of the box are drawn.
The result of each draw shall be announced simultaneously then and there by the Executive Officer. It shall however be made clear at that time that the allotment shall be made only after the orders of the Chairman of the Committee.
As soon as a particular draw is over the result of it shall be communicated to the Chairman of the Committee who shall pass final orders on it as per Condition 15 (2).

[Form I]

[See Condition 7(1)]

Auction Notice

Notice is hereby given to the general public that the plots as description given in the following mandis shall be sold by public auction at places and date given against each :-

S. No.	Name of Mandi	Place of Auction	Section No.	Total plot No.	No of Plots to be auctioned	Plot size	Prescribed use of plot	Date of auction and time
1	2	3	4	5	6	7	8	9

The auction would be held in accordance with Rajasthan Colonisation (Sale & Allotment of Land in Mandis Bhakra and Indira Gandhi Canal Project Colony Areas) Conditions, 1973. The maps and details of the plots lo be sold by public auction are open for inspection of public in the office of the undersigned on any working day.

Executive Officer, Mandi Development Committee ..........................

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

Form II

[See Condition 8 (6)]

Form of Offer

Particulars of plot auctioned:-

Plot No....................

Sector No..................

Mandi......................

I, ......... son of ............ Caste ............ R/o .......... District ................ (Rajasthan) hereby acknowledge that I have this day made a bid for the purchase of the above mentioned plot described in the auction notice dated............. subject to the provisions of the Rajasthan Colonisation (Sale and Allotment of Land in Mandis in the Bhakra and Indira Gandhi Canal Projects Colony Areas) Conditions, 1973 at the price of........... rupees and have paid to the Executive Officer, Mandi Development Committee........ the sum of...... rupees by way of deposit in part payment and I hereby agree to complete the purchase in accordance with the said Conditions if my bid is finally accepted.

Date..........

(Signature of Bidder)

Form III

[See Condition 9(1)]

Notice of Confirmation

It is to inform you that the Chairman of the Mandi Development Committee has finally accepted your bid dated .............. of Rs. ...... in relation to plot No. ........... sector No. ........ in....... Mandi. You are hereby asked to deposit the balance amount, take possession of the plot and complete the construction thereon in accordance with the prescribed rules and Conditions etc. within the prescribed period otherwise the plot may be resumed by the State Government without any payment of compensation.

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

Executive Officer, Mandi Development Committee.

Form IV

[See Condition 12]

Allotment Notice

Notice is hereby given to the general public that the plots, the numbers and other particulars whereof are annexed herewith are proposed to be allotted to the persons belonging to low income groups of Schedule Castes or Scheduled Tribes or Displaced persons on the terms and conditions contained in the Rajasthan Colonisation (Sale and Allotment of land in Mandis in the Bhakra and Indira Gandhi Canal Projects Colony Areas) Conditions, 1973. Any persons belonging to low income group or Scheduled Caste or Scheduled tribe or Displaced persons, who wishes to apply for allotment of any of the plots may do so on the prescribed form within 30 days of issue of this notice. The application must be accompanied by an affidavit duly attested.

Plans showing full details of the plots are available at the office of the undersigned, where from any further information may also be obtained. The copy of the plan may be obtained from the office upon payment of the prescribed fees.

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

Executive Officer, Mandi Development Committee.

[Form V]

[See Condition 13(1)]

Application for allotment

The Executive Officer

Mandi Development Committee,

Sub:- Application for allotment of Government land under the Rajasthan Colonisation (Sale and Allotment of Land in Mandis in the Bhakra and Indira Gandhi Canal Projects Colony Areas) Conditions, 1973.

Sir,

I ............ S/o ........... Caste.......... R/o........ Tehsil ............ District .......... Occupation ......... hereby apply for allotment of one residential plot situated in....... Mandi.

That I am a person belonging to Low Income Group/Scheduled Caste/Scheduled Tribe/Displaced person. My present average monthly income for the last 12 months is Rs. ..........
That neither I nor any other member of my joint family own or owned any residential plot or house in any Mandi area of Rajasthan on the date of commencement of Rajasthan Colonisation (Sale and Allotment of Land in Mandis in the Bhakra and Indira Gandhi Canal Projects Colony Areas) Conditions, 1973, or thereafter.
That my present place of residence is......... where I live and earn my livelihood.
That the name and addresses of other members of my joint family are as follows:-

I, therefore, request you that the plot applied for may kindly be allotted to me. I hereby undertake to abide by the provisions of the Rajasthan Colonisation Act, 1954 (Rajasthan Act 27 of 1954) and of the Rajasthan Colonisation (Sale and Allotment of Land in Mandis in the Bhakra and Indira Gandhi Canal Projects Colony Areas) Conditions, 1973.

Yours faithfully, Name and address of applicant.

Verification

I ....... S/o ......... age ......... by caste ..... resident of...... do hereby solemnly state and affirm that the particulars given in para Nos. 1 to 4 above are true to my knowledge and belief.

Signature of applicant.

Form VI

[See Condition 14 (1)]

Register of Application

Office of the Executive Officer, Mandi Development Committee.........

S. No.	Date	Name and address of the applicant	Names of other members of his joint family	Belonging to L.I.G./S.C./S.T. Displaced person
1	2	3	4	5

Present monthly average income	Found eligible or not	S. No. in list under Condition 14(2)	Reasons of illegibility	Order in appeal under Condition 14 (4) if any
6	7	8	9	10

Result and particulars of drawal of lots	No. and date of order of Chairman under Condition 15 (2)	No. and date of notice under Condition 16(1)	Dates and amounts of payment of price in instalments
Result and particulars of drawal of lots	No. and date of order of Chairman under Condition 15 (2)	No. and date of notice under Condition 16(1)	1st	2nd	3rd	4th
11	12	13	14

Date of handing over possession	Date of completion of construction	Particulars of Sale Deed and its registration	Order of resumption if any	Remarks
15	16	17	18	19

Form VII

[See Condition 14(1)]

Receipt

Received from Shri ......... S/o ........... Age ......... R/o ................. an application for allotment of residential plot in Mandi ......... on this day of......... 19 ....... on a Court fee stamp of Re. 1/- together with earnest money of Rs. ..........

Executive Officer, Mandi Development Committee.

Form VIII

[See Condition 16(1)]

Notice of Allotment

Ref: Application No................

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

You are hereby informed that under Condition 15 (2) of the Rajasthan Colonisation (Sale and Allotment of Land in Mandis in the Bhakra and Indira Gandhi Canal Projects Colony Areas) Conditions, 1973, the Chairman, Mandi Development Committee ........... has allotted you a residential plot No. ........... in sector........... in Mandi by his order No. ....... dated ........... The size of the plot is.......... sq. yds. and the price of the plot is Rs. ............. You are hereby asked to deposit the full price, obtain possession of the plot, complete the construction according to relevant conditions, rules and bye-laws and deposit the required revenue stamps and charges for execution and registration of the sale deed well within time as provided in the said Conditions otherwise the allotment may be cancelled or the plot may be resumed as per relevant conditions.

Executive Officer, Mandi Development Committee, ..................................

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

Shri ..................... Address ............... ..............................

Form IX

[See Condition 21 (1)]

Deed of Sale of Lease Hold Rights in Land in Plot No. .............. Sector .......... Mandi...........

This grant made on this........... day of......... by the Governor of Rajasthan (hereinafter called the seller) in favour of Shri ........... son of Shri .......... caste ........... resident of........... (hereinafter called the Purchaser).

Whereas the land hereinafter described is owned by the Government in full proprietary rights and has been sold to the Purchaser at a public auction by allotment under the Rajasthan Colonisation (Sale and Allotment of Land in Mandis in the Bhakra and Indira Gandhi Canal Projects Colony Areas) Conditions, 1973 and subject to the Conditions contained therein and in this grant and for the purpose of..........

And whereas the Purchaser has paid the sum of Rs. ............ being the price and premium of the said land.

Now, therefore, in consideration of the covenants of the Purchaser hereinafter contained and of the said sum of Rs. ............... paid by the Purchaser as hereinafter mentioned (the receipt of which sum the Government hereby acknowledges) the Government as full owner grants and conveys into the Purchaser all that peace or parcel of land described in the schedule hereto attached and more particularly delineated in the plans filed in the office of the Executive Officer of the Mandi Committee (hereinafter called the said land, to have and to hold the same unto and to use of the Purchaser in lease hold rights subject nevertheless to the Rajasthan Colonisation (Sale and Allotment of land in Mandis in the Bhakra and Indira Gandhi Canal Projects Colony Areas) Conditions, 1973 and to exceptions, reservations, Conditions and covenants hereinafter contained and each of them, that is to say:-

The Government reserved to itself all mines and minerals whatsoever, in, under or upon the land with all such rights and powers as may be necessary or expedient for the purpose of searching for working, obtaining, removing the same at all such times and in such manner as the Government shall think fit, with power to carry out any surface, or under ground working and to let down the surface of all or any part of the said land or any buildings that may be erected thereon now or hereafter, and to sink pits, erect buildings, construct lines and generally to appropriate and use the surface of the said land for the purpose of doing all such things as may be convenient or necessary for the full enjoyment of the exceptions and reservations herein before contained:

Provided that the Purchaser shall be entitled to receive from the Government such payment for the occupation by it of the surface and for the damage done to the surface or to buildings on the said land by such works or workings or letting down, as may be agreed upon between the Government and the Purchaser or failing such agreement as shall be ascertained by reference to arbitration.

The Purchaser shall pay annual rent @ ........... % of the price as urban assessment of the said land which will be revisable after every fifteen years.
The Purchaser shall pay all other general and local taxes and cases for the time being in force of assessed on the said land by any competent authority.
The Purchaser shall complete to the satisfaction of the Mandi Committee ......... construction on the said land within two years of the receipt of notice in Form III/VIH provided that the time under this clause may be extended by the Mandi Committee for a period of one year in case to failure to complete the building by the stipulated date was due to reasons beyond the control of the Purchaser. It will open to the Government or the Mandi Committee to enter into and to take possession of the plot without any compensation to the Purchaser and thereupon this grant shall become void and of no effect.
The Purchaser shall at all times keep and maintain the construction of any building or structure approved by the mandi Committee as aforesaid (including the upper storeys, if any) in a proper state of repairs and to the satisfaction of the Mandi Committee.
The Purchaser shall not use the said land or the construction thereon for any purpose other than that for which the said land is hereby granted that is for any purpose other than that of....... or permit the same to be so used.
The Government may by its officers and servants and at all reasonable times and in a reasonable manner after notice in writing enter in and upon any part of the said land or building erected thereon for the purpose of ascertaining that the purchaser has duly performed and observed the covenants under these presents.
The Government shall have full rights, power and authority at all time to do all acts and things which may be necessary and or expedient for the purpose of enforcing compliance with all or any of the terms and conditions and to recover from the purchaser as first charge upon the said land and the buildings thereon the cost of doing all or any such acts and things and all costs incurred in connection therewith or in any way relating thereto.
It shall be lawful for the Government to impose on the Purchaser after due notice and after hearing him if he desires to be heard a penalty which may extend to [Rs. 5000/- (five thousand rupees)]for any breach or non-observance by the Purchaser of the rules or of the covenants herein contained and on his part to be performed and fulfilled and in case any such breach or non-observance continues after the date on which such penalty is imposed [an additional penalty which shall be equal to Rs. 100/- per day, shall be imposed]for any such continuous breach or non-observance and the amount of such penalty or additional penalty shall be recoverable as an arrear of land Revenue.
In the event of continued breach or non-observance by the Purchaser of any of the Conditions or of the covenants herein contained and on his part to be performed and fulfilled it shall be lawful for the Government notwithstanding anything contained by clauses hereof and notwithstanding the waiver of any previous cases for such re-entry to reenter into and upon the said land and the building thereon or any part thereof to repossess and retain the same and to enjoy or dispose of it in such manner as the Government may think fit and the Purchaser shall not be entitled to a refund of the Purchase money and part thereof or to any compensation whatsoever on account of such re-entry, repossession and retention of such enjoyment or disposal.
In the event of any dispute, or difference at any time arising between the Government and the Purchaser as to the true intent and meaning of these presents and of each and every provision thereof, the property and rights hereby reserved or any of them or in any manner incidental or relating thereto the said dispute or difference shall be referred to the Secretary to the Government in Revenue Department whose decision, thereon shall be final and binding on the parties hereto.
If and so long as the Purchaser shall fully perform and comply with each and all of the terms and conditions herein made as provided but not otherwise the Government will secure the Purchaser full and peaceful enjoyment of the rights and privileges herein and hereby conveyed and assured.

In witness whereof the parties hereto have hereunto respectively subscribed the names in the manner at the places and on the dates hereinafter in each case specified.

.......................... Signed by the Purchaser.

Signed by and on behalf of the Governor of the State of Rajasthan.

Designation :

Witness I. .............

Witness II ............

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

Schedule

Plot No. ............. Sector No. ................... in Mandi........ of ............ Project area, purchased for ......... purpose measuring ............. Sq. Yards.

Signature and Designation

Form X

[See Condition 21 (2)]

Intimation of registration

You are hereby informed that the sale deed of plot No. ............. with sector........ Mandi has been get executed by the undersigned on....... in favour of ............ and has been registered on .............. with ......... (Name of Registering Authority). No. of Receipt Register with the Registering Authority is ............ you may approach the Registering Authority on ............ and may obtain original sale deed from him. For the same the necessary counterfoil of the receipt of registration is sent herewith.

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

Executive Officer, Mandi Development Committee, ...............................

Shri ........................... Address ................... ....................................