The Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1973
Published vide Notification No. F. 6(9) Revenue/B/64, Part 2, dated 31-1-1973, published in Rajasthan Gazette Extraordinary Part 4-C, dated 1-2-1973, pages 435 to 449
RJ959
G.S.R. 60. - In exercise of the powers conferred by section 38 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act 11 of 1973) the State Government hereby makes the following rules to amend the Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1973, namely:-
| LEGISLATIVE HISTORY 6 |
| As amended subsequently by the following notifications:-
· Notification No. F. 6(9) Revenue/8/64 Part II, dated 31-1-1973, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 1-2-1973, page 435 to 449 · Notification No. F. 6(9) Revenue/B/64, dated 27-4-1973, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 27-4-1973, page 5 to 22 · Notification No. F. 7(58) Revenue/Gr. 4/75, dated 23-9-1975, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 23-9-1975, page 303 to 309 · Notification No. F. 7(58) Revenue/Gr. 4/75, dated 1-11-1975, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 2-11-1975, page 441 to 449 · Notification No. F. 7(58) Revenue/Gr. 4/75, dated 27-5-1976, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 3-6-1976, at page 162(72) · Notification No. F. 7(58) Revenue/Gr. 4/75, dated 4-11-1976, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 4-11-1976, page 513 to 515 · Notification No. F. 7(59) Revenue/Gr. 4/75, dated 17-11-1976, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 17-11-1976 · Notification No. F. 7(58) Revenue/Gr. 4/75, dated 9-3-1977, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 9-3-1977 · Notification No. F. 7(26) Revenue/Gr. 4/77, dated 26-12-1977, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 26-12-1977, page 224 · Notification No. F. 7(26) Revenue/Gr. 4/77, dated 7-5-1979, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 9-5-1979, page 19-20 [9-5-1977] · Notification No. F. 7(1) Revenue/Gr. 4/80, dated 13-3-1981, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 13-3-1981, page 221 to 224 [13-3-1981] · Notification No. F. 7(1) Revenue/Gr. 4/8,29 dated 22-5-1981, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 22-5-1981, page 37 to 39 [22-5-1981] · Notification No. F. 7(10) Revenue/Gr. 4/81-50, dated 9-9-1981, published in Rajasthan Gazette Extraordinary, Part IV-C(1) dated 24-9-1981 · Notification No. F. 3(83) Revenue/Ceiling/88/2-1/2, dated 12-10-1988, published in Rajasthan Gazette, Part IV-C(1) dated 9-2-1989. page 410 · Notification No. F. 2(1) Revenue/Ceiling/88, dated 3-12-1988, published in Rajasthan Gazette Extraordinary, Part IV-C(II) dated 5-12-1988, page 361(2) · Notification No. F. 7(1) Revenue/Gr. 8/Cei1ing/80, dated 18-12-1990, published in Rajasthan Gazette, Part IV-C(1) dated 13-12-1990, page 201 |
- Short title and commencement.- (1) These rules may be called the Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1973.
(2) They shall come into force at once.
- Definitions.- In these rules, unless the context other-wise requires,
[(a) "Act" means the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act 11 of 1973)].
[(aa) "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;]
[(aa) "Committee" means a committee constituted under or referred to in rule 4A.]
(b) "Form" means a form appended to these rules;
[(bb) "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 a rural area and to provide productive assets and benefits for their economic upliftment;]
(c) "section" means section of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act 11 of 1973); and
(d) Words and expressions defined in the [Act] or in the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) or in the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), wherever used herein, be construed to have the meanings assigned to them by the [Act] or by the said Acts, as the case may be.
- Form and particulars of return.- (1) The return referred to in section 10 of the [Act] shall be furnished in duplicate in Form I and contain true and correct particulars as required therein.
(2) The Authorised Officer shall grant a receipt in respect of the return furnished by a person in Form II.
[4. Mode of furnishing return. - The return or additional particulars under section 10 or section 11 of the Act shall be furnished by the land holder or the tenant himself. If the land holder or the tenant is a minor, a lunatic or is subject to any other such disability, or is an dot or a religious or charitable institution, the return or additional particulars under the said sections shall be furnished by the guardians, trustee or manager, as the case may be, of such land holder or tenant.]
[4A. Constitution of Committee. - The State Government shall, by notification in the Official Gazette, constitute a committee for each [tehsil] in the State for performing the functions of the Committee under these Rules:
(1) Provided that until a notification is issued under this subsection, the Committee shall consist of-
(a) The members of the Rajasthan Legislative Assembly in whose constituency the land is situate;
(b) The Pradhan of the Panchayat Samiti having jurisdiction;
(c) The Sarpanch of the Panchayat Samiti having jurisdiction;
(d) The Vikas Adhikari of the Panchayat Samiti having jurisdiction;
(e) A person belonging to the Scheduled Caste or Scheduled Tribe nominated by the Panchayat Samiti having jurisdiction from among its member; and
(f) The Tehsildar having jurisdiction.
(2) The committee shall consist of the following members, namely:
(a) An Officer not below the rank of a Tehsildar appointed by the State Government, who shall be the Secretary of the Committee;
(b) Not more than 12 members nominated by the State Government.
(3) The procedure to be followed by the committee in the performance of its functions under this Act shall, unless a different procedure has been prescribed in these rules, be such as may be decided by the committee.
(4) The quorum to constitute a meeting of the Committee shall be of three members:
Provided that until a notification is issued under sub-rule (1) of rule 4-A, the quorum to constitute a meeting of committee shall be two.
(5) The State Government may from time to time reconstitute the committee if it considers it necessary so to do in the public interest or may fill any casual vacancy of a member by nomination.]
- Verification of the returns.- (1) The Authorised Officer shall, within one month of the receipt of return furnished by a person under section 10 or section 11. forward a copy of the return to the Tehsildar of the tehsil in which the land is situated for verification from the land records and other Tehsil revenue records about the correctness of the particulars furnished in the return including the correctness of particular about the:-
(a) Land under assured irrigation capable of growing at least two crops in a year;
(b) Land under assured irrigation capable of growing at least one crop in year and.
other lands not within categories specified in clauses (a) and (b) above.
[(2) The Tehsildar shall verify the correctness of the Particulars from the land records and other Tehsil revenue records and then submit his report to the Committee. The Committee shall after making such enquiry, as it may deem necessary send its reports to the Authorised Officer and]
(3) The Authorised officer shall, on receipt of the report from the [committee] and after such further enquiry as he may deem necessary to make from other sources including from the Irrigation Department of the Government, determine the question whether any land is assured of irrigation from Government or private source capable of growing two crops or one crop in year or not in the following manner:-
(a) Where the land falls within the command area of a major irrigation project the aforesaid question shall be decided on the basis of the extent of intensity of irrigation available to the land in the year immediately preceding the year in which the question is required to be decided. The land to the extent of irrigation intensity shall be deemed to be the land having assured irrigation capable of growing two crops or one crop in a year as the case may be and the rest of the land shall be deemed to be dry land:
[Provided that where the land has not been irrigated in the year immediately proceeding the year in which the question is required to be decided and is ready for irrigation or has been irrigated in the current year, the intensity of irrigation shall be calculated as per designed irrigation available to the land.]
Illustrations.- I. Assuming the intensity of irrigation of land within a major irrigation project area as 75% and the area of land held by a person in such area as 100% acres. 75 acres of land shall be deemed to be land assured irrigation capable of growing one crop in a year and the rest shall be deemed to be dry land.
- Assuming the intensity of irrigation of land within a major irrigation project area as 15% and the area of land held by a person in such area as 100% acres, 50% acres of land shall be deemed to be land having assured irrigation capable of growing two crops in a year and the rest of the land shall be deemed as having assured irrigation capable of growing one crop in a year.
(b) Where the land is irrigated from a major or medium irrigation project or from other Government Source or from lift irrigation from a perennial source, on that area of land which has actually grown two crops or one crop in a year during two years out for the proceed three years shall respectively be deemed to be land having assured irrigation capable of growing two crops or one in a year.
(c) Land not falling within sub-clause (a) or sub-clause (b) shall he deemed to be dry land.
- Collection of information.- (1) A notice under sub-section (1) of section 11 of the Act requiring a person to be furnished the return or the additional particulars shall be given by the Authorised Officer in Form No. 3.
(2) Where any person on whom notice has been served fails to furnish the return or the additional particulars, as the case may be within the time specified in the notice or within the further time allowed under sub-section (1) of section 11 of the Act, the Authorised Officer may obtain the necessary information from the Tehsildar concerned or from any other agency.
[The Tehsildar or such other agency shall submit the information to the Authorised Officer through the committee. The Committee may after holding such enquiry as it may consider necessary add its comments.]
[6A. Form of return or supplementary return under section 11-A. - (1) The return under section 11A shall mutatis mutandis be in Form I.
(2) The supplementary return under section 11A shall be in Form 1-A.
(3) The provisions of rules 3 and 4 shall mutatis mutandis apply to a return or a supplementary return under section 11A].
- Form and particulars of a draft statement.- The draft statement required to be prepared by the Authorised Officer under section 12 of the Act shall be prepared and contain the particulars specified in Form 4.
- Final statement and its publication.- The final statement under section 13 of the Act shall be prepared in Form 5 and shall be served on the person concerned and shall also be published for information of the general public by affixing a copy of it on the notice board of the office of Authorised Officer and of the Tehsildar within whose jurisdiction the land or its major portion is situate.
- Form of declaration.- (1) The form in which a transferor shall make a declaration under clause (a) of sub-section (2) of section 17 of the Act shall be in Form 6.
(2) The form in which a transferee shall make a declaration under clause !b) of sub-section (2) of section 17 of the Act shall be in Form 7.
- Statement of claim for the amount of acquisition.- A Statement of Claim for the amount of acquisition under sub-section (2) of section 19 of the Act shall be submitted to the Authorised Officer in Form 6. As many copies of the statement of claim shall be submitted as there are tehsils in which the vested lands are situate.
- Manner of submission.- A statement of claim under sub-section (2) of section 19 of the Act may either be submitted to the Authorised Officer in person or through the authorised agent or may be sent by registered post under acknowledgment due.
- Enquiry by Authorised Officer.- The Authorised Officer shall upon receipt of the statement of Claim under sub-section (2) of section 19 of the Act. send a copy of the statement to the concerned Tehsildar for verification and report and he shall also issue a notice in Form 9 inviting objections against Statement of Claim within one month.
12A. Mode of determination of gross produce. - [x x x].
- Mode of payment of the amount of acquisition.- The amount of acquisition determined as payable to a person under sub-section (4) of section 19 of the Act shall be paid in the following manner.-
| (a) | When the amount payable is less than five hundred rupees. | Entire amount will be paid in cash. |
| (b) | When the amount payable is five hundred rupees or more but is less than five thousand rupees. | The entire amount will be paid in [cash] divided in five equal annual instalments. |
| (c) | When the amount payable is five thousand rupees or more. | The entire amount will be paid in [cash] divided in ten equal instalments. |
- Claim by transferee for refund of consideration money.- A transferee of land who claims refund of price paid by him to the transferor from out of the amount of acquisition under sub section (4) of section 16 of the Act may make an application in duplicate to the Authorised Officer in Form 10 for the said purpose.
- Notice to transferor and disposal of objections.- On receipt of an application in Form 10 the Authorised Officer shall give notice of the application in Form 11 to the transferor and after giving the transferor an opportunity of being heard, he shall pass appropriate orders on the application of the transferee.
- Claim by encumbrance holder.- An encumbrancer holder who claims utilization of the amount of acquisition payable to a person under section 19 of the Act in discharge of an encumbrance existing in his favour on land vesting in the State Government under section 20 of the Act may make an application to the Authorised Officer in Form 12 for the said purpose.
[17. Allotment of vested surplus land. - (1) Subject to the provisions contained in sub-rules (2), (3), (4) and rules 18. 19, 20, 20A and 21 the surplus land vested in the State Government under any law relating to the imposition of ceiling on agricultural holdings shall be allotted in accordance with the Rajasthan Land Revenue (Allotment of land for Agricultural purposes) Rules. 1970 in Non-project Areas and in accordance with the rules or statement of conditions issued under the Rajasthan Colonization Act 1954, in Project Areas.
(2) Seventy five percent of the surplus land vesting in the State Government, after deducting the lands allotted to landless persons as defined in clause (a) of sub-rule (3), if any, shall be reserved for allotment to the landless labourers of the village belonging to the Scheduled Castes and the Scheduled Tribes [and to the released bonded labourers and to the beneficiaries of the Integrated Rural Development Programme].
(3) In making allotment of land, the following order of priority shall
be observed:
[(a) Persons who are in possession of land transferred to them by persons whose lands have vested in the State under the Act and who are residents of the village Panchayat in the jurisdiction of which the land is situated or residents of a village Panchayat which adjoins such a village Panchayat, in the following order of priority:-
(i) residents of the village Panchayat in which the land is situated and as amongst them preference will be given to person who belong to Scheduled Castes and Scheduled Tribes:
(ii) residents of village Panchayat which adjoin the village Panchayat in which the land is situated and as amongst them, preference will be given to person who belong to Scheduled Castes and Scheduled Tribes:
Provided that such transfers have not been recognised by the Authorised Officer under the Act and such transferees were landless persons as defined in the Rajasthan Tenancy Act, 1955 prior to the transfer of the aforementioned land to them.
Provided further that such transfers of land are genuine and are not sham, bogus or benami and are in accordance with law and were not made, in favour of any member of the transferor’s family.
[Provided also that the total area of land to be allotted to such an eligible transferee is not in excess of the area of land transferred to him prior to 1-1-1973 by a tenant whose ceiling surplus land has vested in the State and the total area of land to be held by such transferee including the land already held by him prior to the acquisition of the transferred land does not exceed the ceiling area applicable to him.]
Explanation.- Transfers, effected upto 31st December, 1972 only shall be taken into consideration for the purpose of this rule and transfers effected on or after 1st January, 1973 shall not be considered.
(b) Landless labourers of the village belonging to Scheduled Castes or Scheduled Tribes, released Bonded labourers and the beneficiaries of the Integrated Rural Development Programme].
(c) A landless person who is a non-commissioned member of the armed Forces or a member of the Border Security force, and who has rendered not less than five years’ service as such or who is an ex-serviceman.
Explanation.- For purposes of this clause, "ex-serviceman" means any person who has been released from the Armed Forces after having served in any rank other than that of a Commissioned Officer (including a Junior Commissioned Officer or equivalent rank) in the Indian Armed Forces for at least five years.
(d) a landless person who does not hold any land, whether in his own name or in the name of any member of the joint family.
(e) Any other landless person residing in the village in which the vested land is situated.
(f) A tenant of contiguous plot of land holding landless than the ceiling area applicable to him.
(g) Any other landless person and persons identified as refugees and certified to be such by a competent officer designated in this behalf by the State Government and granted Indian Citizenship:
Provided that if there are more than one applicants belonging to the same category for the same land, the land shall be allotted to the applicant whose application was received first:
Provided further that no allotment of land shall be made so as to result in the allottee getting or holding land in excess of the ceiling area applicable to him.
(4) The Collector shall have the power to cancel any allotment made at any time, under the Rajasthan Tenancy (Fixation of Ceiling on Land) (Government) Rules, 1963 or under the Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1973, or under any other rules so far as the allotment relates to land acquired under laws relating to agricultural ceilings either suo moto or on the application of any person, in case the allotment has been secured through fraud or misrepresentation, or has been made against rules, or in case the allottee has committed breach of any of the conditions of allotment:
Provided that no such order to the prejudice of any person shall be passed without giving such person an opportunity of being heard.]
- Price of land allotted.- (1) The allottee shall have to pay the price of the land allotted to him at the rate at which the amount of acquisition was paid by the Government for such land to the person from whom the land has vested in the State Government.
(2) The payment of price of the allotted land shall be made in the following manner:-
| (a) | If the price of land is Rs. 500/- or less | [In four equal [annual]instalments] |
| (b) | If the price of land exceeds Rs. 500/- but does not exceed Rs. 5.000/- | in five equal annual instalments. |
| (c) | If the price of the land exceeds Rs. 5,000/- | In ten equal annual instalments. |
[Provided that the payment of price of the allotted land by beneficiaries of the Integrated Rural Development Programme shall commence in-
Colony areas:- after two years from the date of allotment in command areas and after three years from the date of allotment in un-command areas.
Non-colony areas:- after three years from the date of allotment].
[Provided further that no price of the land shall be changed from the allottee belonging to Scheduled Caste or Scheduled Tribes and the landless persons selected under Integrated Rural Development Programme, if such land is un-irrigated and falls outside the colony area.]
(3) When the price of the allotted land is payable in instalments under sub-rule (2) it shall carry simple interest at two and a half percent per annum from the date of allotment till the payment of the full amount of price.
(4) The amount of price remaining outstanding against an allottee after the due date shall be recoverable as arrears of land revenue.
- Tenure.- On payment of full price of land by an allottee, his allotment shall be on Khatedari tenure and he shall become entitled to all the rights and subject to all the liabilities of a khatedari tenant under the Rajasthan Tenancy Act, 1955.
- Liability to pay rent.- The allotment of land shall be subject to the payment of rent at sanctioned rent-rate applicable to the land:
Provided that if the existing assessment of the land is as the rate applicable to uncultivated land, the allottee shall have to pay rent at the lowest class of cultivated land to which the land will belong.
[20A. Other conditions of allotment. - [x x x].
(2) The allottee shall be under an obligation to cultivate at least 50% of the allotted land within one year of allotment and the remaining area in the second year:
Provided that this period may be extended by the Tehsildar by one year more if due to unforeseen causes over which the allottee had no control he was unable to cultivate the land within the stipulated period. A breach of the condition will render the allottee liable to ejectment under section 177 of the Rajasthan Tenancy Act.
(3) A copy of the order of Allotment in Form 17 shall be given to the allottee to serve as a Sanad and a fee of Rs. 5/- shall be recovered therefor.]
- Price of improvements and trees.- In addition to the price payable under rules, 18, the allottee shall also be liable to pay' such price for an improvement existing on the land as may be determined by the Authorised Officer as well as the price for the trees growing thereon at the rate prescribed for the purpose in section 80 and 81 of Rajasthan Tenancy Act, 1955.
[22. Appeals. - Appeals from orders passed under these rules shall be governed by the provisions of section 23.]
Form 1
Form of return under section 10 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973.
To,
The Authorised Officer ..............Sub-Division .................District
Sir,
As required by section 10 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, I furnish the following return in respect of land held by me and by members of my family on the date of commencement of the said Ordinance.
Yours faithfully. Signatures.............. Address................. ........................
Part A
Particulars of land held on the date of commencement of the Ordinance.
| S. No. | Name of the person furnishing the return along with his parentage, age and address | Name of village along with name of Tehsil & District where land is situate | Tenure | Khewat & Khasra Nos. of the land alongwith area in acres of each Khewat & Khasra No. | Total area in acres | Soil class recorded in current annual register |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Whether cultivated personally or let or sublet. If let or sublet, name (a) parentage and ad-dress(es) of tenant(s) of sub- tenant(s) with class and period of lease or sub-lease. | Name, parentage and addresses of cosharers or co-tenants, if any, with extent of share | Particulars of encumbrances if any, nature of encumbrances. Khasra Nos. Area, soil class, and rent/land revenue of land to which encumbrances attach. | Area in acres of the land under assured irrigation capable of growing at least 2 crops in a year | Area in acres and Khasra No. of the land under assured irrigation capable of growing atleast one crop in a year | Area in acres and Khasra No. of the land under orchards existing at the commencement of the Act. | Area in acres and Khasra No. of the land not falling within categories 11. 12 & 13 and falling in different zones specified in the Schedule (To be shown separately for each zone) |
| (8) | (9) | (10) | (11) | (12) | (13) | (14) |
Part B
Particulars of family members
My family consists of..................persons as shown below:-
| Husband | Wife | No. of children, names and ages | Address | Total | Particulars of land held by family members |
| (1) | (2) | (3) | (4) | (5) | (6) |
Part C
Particulars of transfers made on or after 26th September, 1970 upto the date of filling of the return
| S. No. | Date of transfer | Khasra Nos. and area transferred | Name, parentage and address of the transferee | Relationship with the transferee | Nature of transfer | Consideration Money, if any received | Whether registered, and if so, date of registration and name of office of Registrar or Sub-Registrar | Area of land held by transferee 011 the date of transfer |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
Part D
Particulars of land for which exemption is claimed
| Specific clause of section 22 under which exemption is claimed. | Area in acres of the land for which exemption is claimed. | Name of the village with Tehsil in which the land is situate. | The date on with co-operative agricultural society was registered | Total membership of the co-operative agricultural society | Total area held by cooperative agricultural society |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Name of member with area of each member | Whether the total land held by individual member including his share in co-operative agricultural society exceeds the ceiling area applicable to him | How the land was acquired by the bank | The date on which religious or charitable trust or wakf or gaushala was created registered or founded | Whether the entire income of land is appropriated to educational or research institution |
| (7) | (8) | (9) | (10) | (11) |
[Part E]
Particulars of lands selected to be kept within the ceiling limit.
| S. No. | Name of village, tehsil & district | Khasra Number | Areas in acres | Soil class recorded in current annual registers. | Areas in acre of the land under assured irrigation capable of growing at least two crops in a year | Area in acres capable of growing at-least one crop in a year | Area in acres under orchard existing on 23-7-72. | Area in acres of land and falling in columns 6 to 8 and falling in different zones specified in the Schedule (to be shown separately for each zone) |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
Part F
Particulars of surplus land proposed to be surrendered
| S. No. | Name of village, tehsil & district | Khasra Number | Areas in acres | Soil class recorded in current annual registers. | Areas in acre of the land under assured irrigation capable of growing at least two crops in a year | Area in acres capable of growing at-least one crop in a year | Area in acres under orchard existing on 23-7-72. | Area in acres of land and falling in columns 6 to 8 and falling in different zones specified in the Schedule (to be shown separately for each zone) |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
Verification
I, solemnly verify that particulars given in this return are true to the best of my knowledge and belief, that I have stated the truth and have not suppressed or concealed any fact and 1 do not hold any other land which I have not shown in this return.
I further solemnly verify that I do not hold any land in any other sub-division.
Signature.............. Address................ Date...................
For Office use only
Forwarded to the Tehsildar of...................Tehsil with the request that he will check the particulars given in the above return and submit his report within three weeks about the correctness or otherwise of the particulars given in the return.
Authorised Officer, ......................
Returned to the Authorised Officer ..................... after check, verification and enquiry with the following report:-
- Particulars of holdings.- The particulars given in the return by Shri ................ are/are not correct. The correct particulars of land are as follows:-
- Members of family.- The particulars given about members of family are not correct. Particulars of members of the family are given below:
- Particulars of transfers made on or after 26-9-1970 are/are not correct. The correct particulars of transfers are given below:
- Remarks, if any.
Tehsildar, ......... Tehsil
[Form 1-A]
[See Rule 6A(2)]
Form of Supplementary Return
To
The Authorised Officer, .........Sub-Division, ..................District
Sir,
As required by section 11A of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, I furnish the following supplementary return in respect of land held by me and by members of my family on the date of commencement of the Act and which has not been shown in the return submitted by me under section 10 or section 11 of the said Act.
Yours faithfully .................. (Signature) Name............ Address.........
Dated
Part 'A'
Particulars of return on which the supplementary return relates.
| 1. | Date of filing return ceiling case number and year | |
| 2. | Date of issuing draft-statement | |
| 3. | Date of deciding objections to the draft statement | |
| 4. | Date of issue of final statement | |
| 5. | Particulars of first appeal, if any, filed. If so, with what result. | |
| 6. | Particulars of second appeal, if any filed. If so, with what result. |
Part 'B'
Particulars of land held by me and by members of my family which has not been shown in the return filed under section 10 or section 11.
| S. No. | Name of village, tehsil & district | Khasra Number | Areas in acres | Soil class recorded in current annual registers. | Areas in acre of the land under assured irrigation capable of growing at least two crops in a year | Area in acres capable of growing at-least one crop in a year | Area in acres under orchard existing on 23-7-72. | Area in acres of land and falling in columns 6 to 8 and falling in different zones specified in the Schedule (to be shown separately for each zone) |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
Form 2
Form of receipt of return
Received return in duplicate under section 10 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 from Shri ........... son of .......... resident of ............ Village ........ Tehsil ............ district in respect of land held by him and by members of his family on the date of commencement of the Rajasthan Imposition of Ceiling on Agricultural Holdings Ordinance, 1972.
Authorised Officer, ............Sub-Division.
[Form 3]
(See Rule 6)
Notice under sub-section (1) of section 11 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973
Notice
To
Shri............ .................... ....................
Whereas, I, ....................... Authorised Officer ............... am required to determine under the Imposition of Ceiling on Agricultural Holdings Act, 1973, the ceiling area applicable to every person holding land within my jurisdiction.
And whereas, I have reason to believe that you reside or hold land within my jurisdiction.
And whereas, you have failed to furnish the return under section 10 of the said Act.
Or
And whereas you have furnished an incomplete or incorrect return under section 10 in following respects:-
(1).................................
(2) ................................
(3).................................
Now, therefore, by this notice, you are hereby required to furnish a return under section 10 of the said Act with respect to the land held by you, to furnish additional/complete particulars with respect to the matters referred to above within a period of 30 days from the date of receipt of this notice failing which 1 shall take steps to determine the ceiling area applicable to you on the basis of available record and information that may be obtained by me under sub-section (2) of section 11 of the said Act.
Given under my hand and the seal of this office on this........ day of........... 19
Signature of the Authorised Officer. ................... ...................
[Form No. 4]
(See Rule 7)
Form of Draft statement under section 12
| 1. | Name of the person whose ceiling area is to be determined. | |
| 2. | Parentage | |
| 3. | Age | |
| 4. | Address | |
| 5. | Number of members of his family | |
| 6. | Name of members of family | |
| (1) ...................... | ||
| (2) ...................... | ||
| (3) ...................... | ||
| (4) ...................... | ||
| (5) ...................... | ||
| (6) ...................... | ||
| 7. | Name of the village or villages in which the land is situated alongwith the name of Tehsil and district | |
| 8. | Area of land under assured irrigation capable of growing at least two crops in a year | |
| 9. | Area of land under assured irrigation capable of growing at least one crop in a year | |
| 10. | Area of land under orchards existing on 23-6-1972. | |
| 11. | Area of dry land showing the zone or zones in which they are situated. (Land in each zone to be shown separately) | |
| 12. | Ceiling area applicable to the person | |
| 13. | Particulars of lands selected to be kept within the ceiling limit. | |
| 14. | The areas and particulars of land selected for separate unit. | |
| 15. | The area and particulars of land to be declared surplus. | |
| 16. | The names of person including transferee from whose possession the surplus land is to vest in the State Government. |
Signature of the Authorised Officer ...............................
Place................. Date..................
[Form No. 5]
(See Rule 8)
Form of Final Statement under section 13
| 1. | Name of the person whose ceiling area is determined | |
| 2. | Parentage | |
| 3. | Age | |
| 4. | Address | |
| 5. | Number of members of his family | |
| 6. | Name of members of his family:- | |
| 1................ | ||
| 2................ | ||
| 3............... | ||
| 4............... | ||
| 5............... | ||
| 6............... | ||
| 7. | Name of the village and villages in which the land is situated alongwith the name of Tehsil and District. | |
| 8. | Area of land under assured irrigation capable of growing at least two crops in a year | |
| 9. | Area of land under assured irrigation capable of growing at least one crop in a year | |
| 10. | Area of land under orchards existing on 23rd June, 1972. | |
| 11. | Area of dry land showing the zone or zones in which they are situated (land in each zone to be shown separately) | |
| 12. | Ceiling area applicable to the person | |
| 13. | Particulars of lands selected to be kept within the ceiling limit | |
| 14. | The area and particulars of lands selected for separate unit | |
| 15. | The area and particulars of land to be declared surplus | |
| 16. | Particulars of encumbrances | |
| 17. | The names of person including transferee from whose possession the surplus land is to vest in the State Government. |
Signature of the Authorised Officer ...............................
Place................. Date..................
[Form No. 6]
[See rule 9(1)]
Form of declaration under section 17(2)(a)
To
The Sub-Registrar ....................
I ................ son of ................. resident of village ........ Tehsil............ District............... state that I intend to transfer by way of ........... the land described below to Shri ................. son of ............resident of village........... Tehsil.......... District........
Description of land
| Khata No. | Khasra No. | Area | Situated in village (Also mention Tehsil and District) |
I aforesaid ............... hereby makes declaration that the above land intended to be transferred by me has not been declared surplus land and may not be declared to be in excess of the ceiling area applicable to me.
I ................. verify that the contents of this declaration are true to the best of my knowledge.
Signature ..............
Date................. Place................
[Form No. 7]
[See rule 9(2)]
Form of declaration under section 17(2)(b)
To
The Sub-Registrar, ......................
I, ............. son of........... resident of village ........... Tehsil ............ District........... state that I intend to acquire land described below by way of................... from Shri.................. son of............... resident of village................. Tehsil........... district.......
Description of the land
| Khata No. | Khasra No. | Area | Situated in village (Also mention Tehsil and District) |
I aforesaid............. declare that I already hold the land described below.
Description of the land
| Khata No. | Khasra No. | Area | Situated in village (Also mention Tehsil and District) |
I aforesaid ...............further declare that the land already held by me together with the said land to be transferred to me will not exceed the ceiling area applicable to me.
I .................verify that, the contents of this declaration are true to the best of my knowledge.
Signature.............
Date................. Place................
[Form No. 8]
(See Rule 10)
Form of Statement of claims for the amount of acquisition
To
The Authorised Officer .........................
Sir,
As required by sub-section (2) of Section 19 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, I hereby submit the following statement of my claim for the amount of acquisition which I claim to be payable to me in respect of my lands vested in the State Government under Section 16 of the said Act:-
| 1. | Name | |
| 2. | Parentage | |
| 3. | Address of the claimant | |
| 4. | Name(s) of village(s) in which vested lands are situated with name(s) of Tehsil(s) | |
| 5. | Khewat Numbers, if any | |
| 6. | Khasra Number | |
| 7. | Whether irrigated or un-irrigated | |
| 8. | Exact area of the land that has vested in the State Government | |
| (a) Nahari land | ||
| (b) "Chain" land | ||
| (c) Dry (Barani) land in | ||
| (i) Fertile Zone | ||
| (ii) Semi-Fertile Zone | ||
| (iii) Hilly Zone | ||
| (iv) Semi-Desert Zone | ||
| (v) Desert Zone | ||
| (vi) Gross produce | ||
| (vii) Fair rent of different kinds of lands vested in the State Government | ||
| 9. | Arrears of rent or land revenue outstanding | |
| 10. | Complete particulars of dues outstanding in favour of the State Government | |
| 11. | Full particulars of encumbrances existing on lands vesting in the State Government | |
| 12. | Full particulars of encumbrances existing on lands retained by the claimant | |
| 13. | Area and particulars of land surrendered from the possession of the claimant | |
| 14. | area and particulars of surplus land recovered from the possession of the transferee | |
| 15. | The price paid by the transferee for the land or portion thereof recovered from him | |
| 16. | Amount of acquisition claimed | |
| 17. | Remarks, if any |
Signature.......................... Name of the Claimant......... Address.............................. Place ..............................
[Form No. 9]
(See Rule 12)
Form of Notice inviting objections to the Statement of claim for the amount of acquisition
Notice
Whereas ..............S/o.............. resident of village.............. tehsil ............. District..............has submitted on............... a statement of claim for the amount of acquisition under sub-section (2) of Section 19 of the Rajasthan Imposition of Ceiling on Agricultural Holding Act. 1973 in respect of his surplus land vesting in the State Government under Section 16 of the said Act.
Notice is hereby given that the said statement of claims shall be taken into consideration on .................(date) and any person, who has any objection to raise, or who claims any share in the amount of acquisition under the provisions of the said Act, may file his objections or claim either in person or through an authorised agent duly instructed to answer all material questions relating to the case.
Take notice that if no objection or claims are received by the date mentioned above, the statement of claim for the amount of acquisition which has been submitted by the aforesaid person will be heard and decided ex parte on or after the said date.
Particulars of the land vested in the State Government.
- Name of villages with name of the Tehsil
- Khewat number, if any
- Khasra No.
- Area
- Classification of land
Given under my hand and the seal of my office on this the.............. day of......
Signature of the Authorised Officer
[Form No. 10]
(See Rule 14)
Form of application by a transferee for refund of consideration money
To
The Authorised Officer ..................... .....................
Sir,
In accordance with the provisions of sub-section (4) of Section 16 of the Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973, I hereby apply for payment to me the amount of consideration money paid by me for the land transferred to me by the Shri................. S/o................ resident of village.................. which transfer has not been recognised under section 6 of the said Act and which land has not been declared surplus and recovered by the State Government from my possession.
Necessary particulars are given below:
| 1. | Name, parentage, address of the transferor | |
| 2. | Name, parentage and address of the transferee (applicant) | |
| 3. | Date of transfer | |
| 4. | Nature of transfer | |
| 5. | Particulars of land transferred | |
| (i) Name of village with name of Tehsil | ||
| (ii) Khewat Number, if any | ||
| (iii) Khasra Number | ||
| (iv) Area in acres | ||
| (v) Acquisition of land | ||
| (vi) Rent payable | ||
| 6. | The full particulars of transfer deed with name of office at which registered and date of registration | |
| 7. | Area and full particulars of land transferred which has vested in State Government. | |
| 8. | Area and full particulars of surplus land which has been recovered from the possession of the transferee. | |
| 9. | Consideration amount paid by the transferee to the transferor. | |
| 10. | Portion of land recovered from the transferee out of the land transferred to him | |
| 11. | The amount of consideration for which refund is claimed by the transferee. |
I request that the amount claimed by me above may be recovered out of the amount of acquisition payable to the said transferee by the State Government and the same may be paid to him.
Yours faithfully (Signature of the applicant)
Address........... Date..............
Verification
I hereby solemnly verify that the particulars given above are true to the best of my knowledge and that 1 have state the truth and have not suppressed or concealed any fact.
Signature of the applicant Address............................
[Form 11]
(See Rule 15)
Form of Notice under Rule 15 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1973
From
The Authorised Officer
To
.......................... ............................ ............................
Whereas Shri .............. s/o............. resident of village ............... Tehsil ............. District............. has applied, as per copy of the application in Form No. 10 appended hereto, for the refund of the consideration money paid by him to you for the transfer of land mentioned in application and has requested that the amount of Rs.................... be deducted from the amount of acquisition payable to you in respect of the said land under Section 19 of the Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973 and paid to him. You are hereby directed to show cause why the application be not granted.
If you have any objections to raise, they may be presented in person or through an authorised agent in my office on ....
Take notice that if no such objection are received by me by the above date, the matter will be finally decided by me on or after the above mentioned date and no subsequent objections will be entertained
Given under my hand and seal of the office the...... day...... of ...
Signature of the Authorised Officer
Place............. Date..............
[Form No. 12]
(See Rule 16)
Form of application for the discharge of encumbrances out of the amount of acquisition
To
The Authorised Officer ..........................
Sir,
I have to state that the land prescribed below of Shri .......... S/o .................. resident of............. Tehsil............. district........ have vested in the State Government under Section 16 of the Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973
Particulars of the Vested Land
(1) Name of Village with name of Tehsil
(2) Khewat No. if any
(3) Khasra No.
(4) Area in acres
(5) Classification of land
The following encumbrance exist on the said land vesting in the State Government in favour of the applicant:-
- Kind of encumbrance
- Date of encumbrance
- Particulars of document creating en cumbrance with date
- Amount due on the basis of encumbrance
- Amount claimed out of the amount of acquisition for the encumbrance
- Remarks, if any
| Place | Signature of the applicant |
| Date..... | Address............................ |
Verification
I hereby solemnly verify that the particulars given above are true and correct to the best of my knowledge and that I have stated the truth and have not suppressed or concealed any fact.
Signature of the applicant Address..................
Form 13, 14, 15 and 16
[xxx]
Form 17
[See rule 20A(3)]
Order of allotment under rule 20A of the Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1973
| 1. | Name, parentage and address of allottee | ||
| 2. | Date and time of receipt of application | ||
| 3. | Date of order of allotment | ||
| 4. | Particulars of land allotted: | ||
| (a) | Name of village | ||
| (b) | Khasra numbers | ||
| (c) | Area in Bighas/Acres | ||
| (d) | Soil class | ||
| (e) | Means of irrigation, with details | ||
| (f) | Annual rent payable | ||
| (g) | Price of land, wells, permanent structures, trees charged | ||
| (h) | Whether the price has been paid in a lump sum or is to be paid in instalments, and if the latter, the number and amount of instalments and date of payment, with interest at two and a half per cent per annum. | ||
Possession of the allotted land has been handed over to the allottee. This order of allotment shall be treated as Sanad and the receipt of a fee of rupees five for the Sanad is hereby acknowledged.
Seal of the Court.
Authorised Officer .......................
Dated..............

