Rajasthan Land Revenue (Surcharge) Rules, 1960

The Rajasthan Land Revenue (Surcharge) Rules, 1960

RJ998

In exercise of the powers conferred by section 6 of the Rajasthan Land Revenue (Surcharge) Act, 1960 (Rajasthan Act No. 16 of 1960), the State Government does hereby make the following rules, namely-

1. Short title and commencement.- (1) These rules may be called the Rajasthan Land Revenue (Surcharge) Rules, 1960.

(2) They shall be deemed to have come into force from the 26th of April 1960.

2. Interpretations.- In these rules, unless there is anything repugnant in the subject or context-

(1) "The Act" shall mean the Rajasthan Land Revenue (Surcharge) Act, 1960.

(2) Words and expressions defined in the Act, or the Rajasthan Tenancy Act, 1955 (Rajasthan Act No. III of 1955) or the Rajasthan Land Revenue Act, 1956 (Rajasthan Act No. 15 of 1956), wherever used herein, shall be construed to have the meanings assigned to them by those Acts.

[2A. Information to be furnished by certain estate-holders and tenants. - Every estate holder or tenant whose total holdings in the State are more than 10 acres shall furnish information in respect of each holding situated in different Tehsils to the Tehsildar in whose jurisdiction the estate holder or tenant resides.]

[3. Determination of surcharge. - (1) Immediately on the commencement of the Rajasthan Land Revenue (Surcharge) (Amendment) Act, 1963 (Rajasthan Act 11 of 1963), every Tehsildar shall cause to be prepared, on the basis of-

(i) Jamabandi (Khewat Khatauni) form No. P. 26 of the forms appended to the Rajasthan Land Revenue (Land Records) Rules, 1957, as published under Government Notification No. 6(69)Rev. B/57, dated 8-10-1957, in part 4-C of the Rajasthan Gazette, dated the 23rd January, 1958; for the current year;)

(ii) the latest Khasra Girdawari, (form No. P. 13 appended to the said rules);

(iii) the Dhal Bench for the current year, (form No. P. 30 appended to the said rules); and

(iv) any other records;

a village wise statement in the form appended to these Rules (columns 1 to 10) of all estate-holders and tenants in the Tehsil by whom any installment of land revenues, as defined in the Act, is payable on or after the first day of April, 1963;

(2) the Tehsildar shall thereafter determine-

(i) the estate holders and tenants the area of whose holdings does not exceed ten acres and who are not liable to pay the surcharge by virtue of the proviso t o sub-section (1) of the substituted section 3 of the Act;

(ii) the estate-holders and tenants who come under item (a) of the table given in the said substituted section 3;

(iii) the amount of surcharge payable by each of the estate holders and tenant mentioned in items (b) and (c) of the said table; and

(iv) complete accordingly columns 11 to 13 of the statement in the form appended to these Rules and record the date of determination and the order of realisation of the surcharge in column 14.]

4. Enquiry where necessary, how to be conducted.-If, for the purpose of determining the amount of surcharge payable by any person, the Tehsildar finds it necessary to summon him, or to require him to produce any document such assessment parcha, the Tehsildar may make use of the powers conferred on him by section 57 of the Rajasthan Land Revenue Act, 1956, and the other provisions of the said Act about the service of summons and notices shall thereupon apply.
5. Realisation of surcharge.- (1) After satisfying him as to the correctness of the calculations and of the entries made in columns 1 to 14 of the statement prepared in accordance with the provisions of rule 3, the Tehsildar shall direct the Patwari concerned-

(i) enter the words "surcharge on land revenue" in column 8 and the amount thereof in column 9 of the Dhal Banch of the village,

(ii) correct the Bench paper in accordance with the provisions of para 104 of the Rajasthan Land Revenue (Land Records) Rules, and

(iii) obtain the demand slips from the persons concerned and enter the name of the new demand, viz. 'surcharge on land revenue' together with its amount in column 5 of the demand slip (Form No. P-31 of the Land Records forms) or issue fresh 'demand slips for the surcharge to the persons concerned.

(2) The Tehsildar shall also direct the Patwari [xxx] concerned to realise the surcharge along with and in addition to the installment of land revenue in the same proportion as such installment bears to the total demand of the land revenue for the year.

(3) The surcharge collected shall be shown in column 18 of the Dhal Banch and columns 9 and 10 of the Siyaha of the village (form No. P-32 of the Land Records forms).

(4) The surcharge shall be deposited in the Tehsil sub-treasury along with the installment of land revenue. A separate Arz Irsal (form No. P-34 of the Land Records forms) need not be used for depositing the amount of surcharge which may be mentioned separately at SI. No. 5 of the first column of the Arz Arsal for the installment of land revenue. Separate receipts for the surcharge need not be issued but amount of surcharge may be mentioned specifically in the receipt, in form N o. P-33 of the Land Records forms, to be issued for the installment of land revenue itself.

(5) When the amount of surcharge has been collected, columns 15 to 20 of the statement prescribed by rule 3 shall be completed.

6. Determination of surcharge for future year.- (1) Simultaneously with the preparation of the Dhal Banch of the village in accordance with para 104 of the Rajasthan Land Revenue (Land Records) Rules, 1957, the Tehsildar shall direct the Patwari to enter the amount of surcharge, as already determined, in the Banch paper (form No. P-30 appended to the said rules) and include the amount of demand on account of surcharge in the demand slips to be prepared in form No. P-31 appended to said rules.

(2) A fresh statement of surcharge in the form appended to these rules shall be prepared for each revenue year.

7. Arrears of surcharge.- (1) The surcharge under the Act being payable along with and in addition to each installment of land revenue in the same proportion as such installment bears to the total demand of land revenue, there will be no arrears of surcharge alone.

(2) Arrears of surcharge, if any, shall be shown in column 23 of the Dhal Banch (form No. P-30 appended to the Land Records Rules).

(3) Whenever an installment of land revenue falls in arrears action for recovery of the arrears in accordance with the provisions of Chapter X of the Rajasthan Land Revenue Act, 1956 and of the Rajasthan Land Revenue (Payments, Credits, Refunds and Recovery) Rules, 1958, is taken action for the recovery of the surcharge shall also be simultaneously taken.

Form I

(See Rule 3)

Statement of Surcharge on Land Revenue

Name of village.........Tehsil.....District.....Year......

Notification

[G.S.R. 33, dated 26-11-1969; Published in Rajasthan Gazette Part 4(Ga)(I), dated 11-6-70, page 111].-In exercise of the powers conferred by clause (d) of sub-section (2) of Section 44 of the Rajasthan Co-operative Societies Act, 1965 (Rajasthan Act 13 of 1965), the State Government hereby exempts Co-operative Societies from the payment of surcharge levied upon land revenue under section 3 of the Rajasthan Land Revenue (Surcharge) Act, 1960 (Rajasthan Act 16 of 1960) in respect of their agricultural lands.