Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes by Sinking Tube-Wells) Rules, 1969

The Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes by Sinking Tube-Wells) Rules, 1969

Published vide Notification G.S.R. 21, Dated 17-7-1969; published in Rajasthan Gazette Extraordinary Part 4(Ga)(1), Dated 26-6-69, p. 77

RJ635

In exercise of the powers conferred by section 101 of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) read wit h clause (xviii) of sub-section (2) of section 261 and clause (b) of sub-section (1) of section 260 thereof and all other powers enabling it in this behalf, the State Government hereby makes the following rules, namely:-

1. Short title, extent and commencement.- (1) These rules may be called the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes by Sinking Tube Wells) Rules, 1969.

(2) They shall extend to Districts of Banner, Bikaner, and Jaisalmer.

(3) They shall come into force at once.

2. Definitions.- In these rules, unless there is anything to the contrary in the subject or context-

(a) 'Act' means the Rajasthan Land Revenue Act, 1956:

(b) 'Form' means a form appended to these rules:

(c) 'Government' means the Government of Rajasthan.

3. Preparation of list of unoccupied Government Land available for allotment.- The Collector shall prepare, in consultation with the Agriculture Department, a list of unoccupied Government land in the vicinity of a tube well site which shall be available for allotment under these rules.
4. Maximum area to be allotted.- (1) [Seventy five acres]of land in the vicinity of a tube-well site shall be initially allotted to a private entrepreneur and after the command area of the tube well is determined by the Government according to the capacity and other relevant factors, land in excess of [Seventy five acres] subject to the limit of the command area determined of a particular tube-well will be further allotted.

(2) All allotments under these rules shall be made by the Collector of the District.

5. Issue of proclamation inviting applications for allotment.- The Collector shall issue a proclamation inviting application for allotment of land purposes by sinking tube-wells. Such proclamation shall give necessary details of the land available for allotment and shall be published in the Rajpatra and in such local or all India Newspapers as the Collector may decide.
6. Application for allotment.- (1) Any private entrepreneur desirous of obtaining an allotment under these rules may apply in writing to the Collector of the District in which the land is situate.

(2) The application shall be in Form I and shall be verified as a plaint under the Code of Civil Procedure.

(3) The application for allotment may be presented in person to the Collector of be sent by registered post.

7. Register of Applications.- The Collector shall record on each application the date and time of its receipt and shall enter all applications in a Register of applications.
8. Scrutiny of applications.- The Collector shall scrutinise the particulars given in each application.
9. Order of priorities for allotment.- (1) If there is only one applicant for a particular tube-well site, it shall be allotted to him.

(2) If there are more than one applicant for the same land, the allotment shall be made to the person whose application was entered first in the register maintained under rule 7.

10. [x x x]
11. Conditions for allotment.- Allotment of land under these rules shall be subject to the following conditions, namely-

(1) The allotment shall be on a Gair Khatedari Tenancy with a right to ultimate Conferment of Khatedari Tenancy after the expiry of a period of 10 years provided the allottee fulfills during this period the terms and conditions of allotment.

(2) A nominal rent of Re. 1/- per annum, for every Substituted by [75] acres of Land shall be charged for a period of 10 years from the date of completion of a tube-well and thereafter full rent payable under the law shall be charged.

(3) The State Government shall by Notification exempt the lands allotted under these conditions (Rules) from the operation of Section 30-E of the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955).

(4) The allottee will be free to get the tube-well sunk through the agency of the Rajasthan Ground Water Board or any other agency, but if the work is entrusted to a private agency, the assessment of total cost shall not exceed the rate prescribed by the Rajasthan Ground Water Board for construction of such tube- wells.

(5) The allottee shall have to sink the tube well at a site approved by the Director of Agriculture, Government of Rajasthan, and shall have to complete the sinking operations, within one year of the date of allotment, falling which the allotment shall be liable to cancellation and the land will revert to the State Government free from any liability.

(6) If the tube-well is successful for purposes of agriculture, the command area of the tube-well will be determined by the Government according to its discharge capacity and other relevant factors.

(7) The allottee shall provide free drinking water to human and cattle population of the area near t he site of the tube-well and shall for this purpose construct a reservoir of prescribed specifications.

(8) It would be permissible for a private entrepreneur to sink up to five tube-well in a contiguous or adjacent area to make the project economical.

(9) If water is not struck up to the maximum depth or if it so saline that, it is not suitable for agricultural purposes the Government would pay l/3rd of the cost of the unsuccessful tube- well as subsidy and resume the land:

Provided that if the allottee wants to retain the land it shall not be entitled to any subsidy and full rent for the land shall be charged from the elate of the tube-well having been declared unsuccessful by the Agriculture Department.

(10) The allottee shall have to execute an agreement within a fortnight of the communication to him of the order of allotment and there after the possession of the land shall be given by the Collector.

(11) The land shall be liable to be resumed by the State Government without payment of any compensation if the allotted commits breach of any of the conditions of allotment.

12. Sinking of the Tube-wells by Khatedars.- Notwithstanding anything contained in these Rules the Government may, on the recommendation of the Collector, permit a Khatedar tenant to sink a Tube-well in his holding at a site approved by the Director of Agriculture on the same terms and conditions regarding payment of subsidy as are applicable to other allottees under the rules.

Form I

[Rule 6(2)]

Application for allotment of land under the Rajasthan Land Revenue (Allotment of land for Agricultural Purposes by Sinking Tube-wells) Rules, 1969

To

The Collector,

Sir,

I ................S/o.................. Resident of.......... village...............................................Tehsil. District.................Occupation.................state as under:-

1. That I am a private entrepreneur desirous of obtaining an allotment under the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes by Sinking Tube well) Rules, 1969.
2. That I want to take the land mentioned below for sinking tube well.

Particulars of Land applied for

3. That I hereby undertake to abide by the conditions of allotment as contained in the Rajasthan Land Revenue (Allotment of land for Agricultural Purposes by Sinking Tube Wells) Rules. 1969, and the provisions of the Rajasthan Tenancy Act, 1955 (Rajasthan Act No. 15 of 1955), and the Rajasthan Land Revenue Act. 1956 (Rajasthan Act No. 15 of 1956).

Yours faithfully

Address.................... ...........................

I verify that the statements made in the above application are true to the best of my knowledge and that I have stated the truth and have not suppressed any fact.

Receipt

Received the application of Shri......................... ...for allotment of land under the Rajasthan Land Revenue (Allotment of land for Agricultural Purposes by Sinking Tube Wells) Rules. 1969, on.............at............hours.