The Rajasthan Land Revenue (Allotment of Tank-Bed Lands for Cultivation) Rules, 1961
Published vide Notification No. F. 6(256) Revenue B/Gr. 1/54, Dated published in Rajasthan Gazette Part 4-C, Dated 14-12-1961
RJ643
| LEGISLATIVE HISTORY 6 |
| And as amended by the following notifications:-
· G.S.R. 158, Dated 19-9-1975; published in Rajasthan Gazette Dated 25-9-75, p. 530 · G.S.R. 75, Dated 28-8-1981; published in Rajasthan Gazette Part 4(Ga)(I), Dated 10-9-81, p. 275 · G.S.R. 49, Dated 22-7-1986; published in Rajasthan Gazette Part 4(Ga)(I), Dated 31-7-86, p. 141 · G.S.R. 10, Dated 27-12-1989; published in Rajasthan Gazette Part 4(Ga)(I), Dated 10-5-90, p. 17 · G.S.R.47, dated 31-7-1998, published in Rajpatra part IV(ga), Dated 7-8-1998, p. 155(2) |
In exercise of the powers conferred by sub-section (2) of section 261 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), the State Government hereby makes the following rules, namely:-
- Short title and commencement.- (1) These rules may be called the Rajasthan Land Revenue (Allotment of Tank-Bed Lands for Cultivation) Rules, 1961.
(2) They shall come into force at once.
- Interpretation.- In these rules, unless the subject on context otherwise requires-
(1) "the Act" shall mean the Rajasthan Land Revenue Act, 1956.
(2) "fragment" shall mean a piece of Land less in area than the minimum prescribed by the State Government for the purpose [x x x] of the Rajasthan Tenancy Act, 1955.
(3) "Landless person" shall mean an agriculturist by profession who cultivates or can reasonably be expected to cultivate the land personally but who does not hold any land, whether in his own name or in the name of any member of his joint family, or holds a fragment.
(4) "Tank-Bed-lands" shall mean Government lands situated in the beds of tanks or rivers, other than such lands in which Khatedari rights had accrued prior to amendment of clause (ii) of section 16 of the tenancy Act by the Rajasthan Revenue Laws (Extension) Act, 1957, (Rajasthan Act 2 of 1958) and other than lands held on Gair Khatedari tenure:
(5) "Tenancy Act" shall mean the Rajasthan Tenancy Act, 1955, (Rajasthan Act 3 of 1955):
(6) Words and expressions defined in the Act or in the Tenancy Act shall, wherever used in these rules, be construed to have the meanings assigned to them by the said Act.
[3. Issue of proclamation and inviting applications for allotment. - The Sub-Divisional Officer shall, where tank bed lands emerge out of the water and are available for cultivation by a prescribed date, seven days before such date, and in other cases seven days before the date in which such lands are likely to emerge out of water and be available for allotment, issue a proclamations in the manner laid down in section 61 of the Act, inviting applications from landless persons who are residents of the village in which the tank or river is situated or who are residents of the adjoining village of the same Tehsil for the allotment of such land for cultivation. The copy of such proclamation shall also be pasted on the notice board of the Tehsil and Gram Panchayat:
Provided that the State Government, if it considers necessary, may by a notification reduce the said period of proclamation and of inviting application.]
- Period for submission of application and contents there of.- (1) Applications for allotment shall be submitted within one week of the issue of the proclamation.
(2) In this application the applicant must state clearly-
[(i) that he is resident of the village in which the tank or river is situated or is resident of the adjoining village of the same Tehsil.
(ii) that he is a landless person within the meaning of these rules:
(iii) that he does not possess any agricultural land for cultivation either in his own name or in the name of any member of his joint family, or that he possesses land which is less than the minimum area prescribed under [x x x] the Tenancy Act, and if he possesses land he must give the particulars of the land viz. Khasra number, area and soil class:
(iv) that he is not a Government servant; and
(v) that the undertakes and is in a position to cultivate the land personally if allotted to him.
(3) All applications for allotment shall be verified as plaint under the Code of Civil Procedure, 1908.
- Entry of applications in register and enquiry by Tehsildar.- The Tehsildar shall record the exact date and time of receipt of each application on the application and enter the applications in a register to the maintained for the purpose and shall check the particulars given in the application with the entries existing in the annual registers and other Tehsil records, and he may make such enquiries as he deems fit in regard to the applicant's eligibility and other connected matters.
- Order of priority for Allotment.- (1) If there is only applicant for a particular plot of land no other, it shall be allotted to him, if he is eligible for allotment under these rules.
(2) If there are more than one applicant for the same plot of land, the order of priority shall be-
[(i) the persons whose land was acquired for the construction of the Tank,]
(ii) a person who cultivated the particular plot in the preceding year.
(iii) a person who has absolutely no land,
(iv) a person who holds a fragment,
(v) a person belonging to the Schedule Tribes, or Scheduled Castes or Backward Classes:
Provided that where other qualifications are equal, the matter shall be decided by drawing lots.
[Provided further that where both, residents of the village and residents of the adjoining village, are in priority, the residents of the village shall get priority over the residents of the adjoining village.]
[6A. Special allotment under certain circumstances. - (1) Notwithstanding anything to the contrary contained in these rules, tank bed land which was acquired by the Government for construction of tank, may be allotted by the Sub-Divisional Officer to the person who was the Khatedar tenant of the said land at the time of its acquisition and who had received cash compensation for such acquisition, subject to following conditions:-
(i) The person, desirous of allotment of such land, shall convey his willingness for such allotment in Form 'A' to the Sub-Divisional Officer.
(ii) The land held by such person and the land to be allotted under this sub-rule shall not exceed the ceiling area applicable to him under the Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973.
(iii) The allotment of the land shall be on Gair Khatedari tenure without any limit on period during which the land shall be so held.
(iv) On allotment of the land under this sub-rule, the person shall repay to the Government the amount of compensation received by him for the land so allotted.
(v) The possession of the allotted land be given only after repayment of such compensation to the Government, and after harvesting the standing crop, if any, by the existing allottee whose allotment shall stand terminated thereafter.
(2) Only when the person whose land was acquired for the construction of the tank, is not willing or otherwise cannot get the allotment of the said land or portion thereof under sub-rule (1), the land or the portion thereof, as the case may be, shall be allotted to him or landless persons according to other provisions of these Rules.]
- Allotment to be in consultation with Advisory Committee.- The allotment shall be made by the Sub-Divisional Officer] in consultation with the Advisory Committee appointed for the Tehsil under rule 13 of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purpose) Rules, 1970; and the provisions of [x x x]the said rule shall apply.
- [Extent of area to be Allotted.- The maximum area to be allotted under these rules to each successful applicant shall not exceed [two hectares]. The total land of allotted shall not exceed [four hectares] inclusive of the land allotted and any land already held by him.]
- Conditions of allotment.- (1) No premium shall be charged and the rent to be charged shall be-
(i) where rent in respect of such land has been settled the rent rate sanctioned thereof during the last settlement, and
(ii) where rent in respect of such land has not been settled, the rent-rate sanctioned during the last settlement for similar Nehri or Talabi or Kachhar or Khatli land, as the case may be, in the neighbourhood or in the village.
[Provided further that about the tank for which the Collector considers that the land should be allotted for one year instead of [5 years], the period of allotment shall be reduced to one year by the Collector and in doing to he shall record his relations in writings and such period shall be mentioned in the proclamation for inviting applications for allotment.]
[(2) The allotment shall be on a Gair Khatedari tenure for a period of five years only, renewable for a further period of five years by the Tehsildar concerned subject to the condition that allottee has fulfilled the conditions of allotment and that he is cultivating the land personally].
[(3) During the period the lands remain sub merged in water, only twenty five per cent of the rent payable according to sub- rule (2) shall be charged and full rent shall be charged only for the period during which the land is actually cultivated; and]
- Repeal.- The executive "instructions for the allotment of Government land situated in the beds of tanks for cultivation" issued under Revenue Department's Circular No. F. 6(256) Revenue,B/54, dated the 20th January, 1959 are hereby repealed.
[Form A]
See rule 6-A)
To,
The Sub-Divisional Officer
Sub-Division District...............
I....................... S/O......................... aged.............R/O................... village ................... Tehsii..................District was a khatedar tenant of the land, details of which are given below, which was acquired for construction of tank by................Department. Tehsil...................Village............Khasra..............No........Area ....... Rent........... Year of Compensation..................acquisition Received.
........................ Cash/Land
I hereby convey my willingness for the allotment of above land on Gair Khatedari basis under rule 6-A of the Rajasthan Land Revenue (Allotment of Tank-Bed Lands for Cultivation) Rules, 1961. Further I do hereby bind myself to repay the amount of cash compensation, in respect of the land allotted, before taking its possession.
Yours faithfully Signature of applicant
Place:
Dates:
