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Rajasthan Requisitioning of Land (Improvement of Agriculture) Rules, 1955


Rajasthan Requisitioning of Land (Improvement of Agriculture) Rules, 1955

Published vide Notification No. F. 13(235) Rev. A/55, dated 19-12-1955, published in Rajasthan Gazette, Part 4-C. dated 14-1-56

RJ229

In exercise of the powers conferred by section 17 of the Rajasthan Requisitioning of Land (Improvement of Agriculture) Act, 1951 (Rajasthan Act XXIX of 1951) the Government hereby makes the following rules namely:-

  1. Short title and commencement.- (1) These rules may be called the Rajasthan Requisitioning of Land (Improvement of Agriculture) Rules, 1955.

(2) They shall come into force at once.

  1. Interpretation.- In these rules, unless there is anything repugnant in the subject or context:-

(i) "the Act" means the Rajasthan Requisitioning of Land (Improvement of Agriculture) Act, 1951 (Rajasthan Act XXIX of 1951);

(ii) "section" means a section of the Act;

(iii) "Schedule" means the schedule attached to the Act.

  1. Appointment of competent Authority under section 2(1).- Under section 2(1) the Government hereby appoints the Collector of the districts as the competent authority for that district for the purposes of the Act.
  2. Application under section 3.- (1) An application under section 3 shall be in the form of a report to Government by the competent authority.

(2) The reports shall contain the following particulars, namely:-

(1) name of village with name of Tehsil;

(2) particulars of land, viz, Khasra numbers, Khata numbers, directions and boundaries, area, soil-class and rent;

(3) name, description and address of land-holders and tenants; and

(4) public purpose for which the land is to be requisitioned.

  1. Inquiry under section 4.- (1) On receipt of an application under section 3 from the competent authority, the Government may call for a report from the head of-

(a) the Irrigation Department, if the land is proposed to be requisitioned for the making, enlarging or deepening of a tank for irrigation purposes;

(b) the Health Department and/or the Agriculture Department, if the land is purposed to be requisitioned for the composting of village refuse, or the preparation of any other form of manure;

(c) the Agriculture Department, if the land is proposed to be requisitioned for a plant nursery; and

(d) any other Department concerned, if the land is proposed to be requisitioned for any other object.

(2) In calling for a report from the departments concerned, the Government may also inquire the total estimated cost of the work and the total anticipated benefit from the proposed work.

(3) The Government may, if it deems fit, before passing the order for requisitioning the land, summon the persons interested in the land and hear them.

  1. Inquiry under section 6.- The officer authorised in this behalf by Government under section 6 shall, before proceeding to determine the amount of compensation payable to the persons, if any, interested in the requisitioned land, summon the persons concerned and ask them to produce their evidence, if any, with respect to the various matters to be taken into consideration in determining the amount of compensation in accordance with the provisions of the Schedule, and the officer shall also consult the record-of-rights and, if necessary, examine the patwari of the village. In particular, he shall ascertain whether the persons claiming compensation are in actual possession of such land.
  2. Service of orders.- In addition to the provision for service of order laid down in section 10, a coy of the order under section 4 or section 9 shall also be posted on the notice board of the Tehsil within which the land to which it refers is situated, and at some place of public resort on or adjacent to the land to which it refers, and it shall further be published by beat of drum on or near such land.
  3. Court fees in respect of appeals under section 6 or 8.- The amount of court fees payable under the Act a memorandum of appeal against an order under section 6 or section 8 shall be rupees two.
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