THE RAJASTHAN COLONISATION (ALLOTMENT AND SALE OF GOVERNMENT LAND TO PONG DAM OUSTEES AND THEIR TRANSFEREES IN THE INDIRA GANDHI CANAL COLON

3 · [(vi)"Family" in relation to the Pong Dam Oustee in the life time of a father, includes his wife, his children, and grand children, whether recorded as co-sharers alongwith him or not and shall include the legal successors of the father in the event of his death after 31 st day of March, 1961; but does not include such of the said members who had attained the age of maturity and who were recorded as a separate land owner in a separate khewat number of the Jamabandi on or before the said date.]

4 · [(ix) "Pong Dam Oustee" here referred to as an oustee, means a person residing permanently within the area acquired for the construction of Pong Dam Reservoir on or earlier than the 31st March, 1961, whether as land owner, tenant, landless labourer or an artisan.

1 · Substituted and Inserted vide Not. No. F.1(14) Col/91, dt. 12.03.1992 pub. On dt. 13.3.92.

2 · Substituted vide Act No. 4 of 1985 w.e.f. 9.11.1984.

3 · Substituted by Notfn. No. F.4(a)(I) Rev/Col/68, dt. 02.03.1973.

4 · Substituted by Notfn. No. F.4(a)(I) Rev/Col/68, dt. 02.03.1973.

3 · Reservations. -(1) The State Government shall reserve land in specific areas of Indira Gandhi Canal Colony for allotment to Oustees and the allotment under these rules shall be made only out of this land.

1 · [4. Eligibility and extent of allotment.- (1) Subject to the provisions contained in these rules an Oustee land owner, who held land upto 20 standard acres of which 30% or more has been acquired or who held land more than 29 standard acres of which 50% or more has been acquired in connection with construction of Pong Dam Reservoir and the possession of the same has been taken or is likely to be taken over in consequence of such acquisition after harvesting of the crop standing at the time of the issue of certificate by the Certifying Authority under sub-rule (2) of Rule 5, shall in relation to himself, his Oustees family be a person eligible for allotment of land under these rules:

1 · Substituted by Notfn. No. F.4(a)(I) Rev/Col/68, dt. 02.03.1973.

1 · Substituted by Notfn. No. F.4(a)(1) Rev/Col./68, dt. 02.03.1973.

2 · Added by Notfn. No. F.4(30) Rev/Col/68, dt. 10.07.1973 and substituted by Notfn. No. F.06(12) Col/18, dt. 27.02.19.

3 · Added by Notfn. No. F.4(30) Rev/Col/68, dt. 10.07.1973 and substituted by Notfn. No. F.06(12) Col/18, dt. 27.02.19.

4 · Substituted by Notfn. No. F.6(12)/Col./18, dt. 27.02.2019 .

1 · [(3-a) Notwithstanding anything contained in the above sub-rules, the applications of oustees which were rejected by the allotting authority before 9.4.92 shall be sent to the certifying authority of Government of Himachal Pradesh for re-examination of eligibility of applicants for allotment. The certifying authority of Government of Himachal Pradesh shall forward these applications with his recommendations to the allotting authority for further necessary action.] (4) Immediately on receipt of an application, the allotting authority shall register it in Form -VI and shall issue to the applicant a receipt in Form VII; 2 [(5) The allotting authority shall scrutinize the applications and other connected documents presented to him and if after scrutiny he comes to the conclusion that there is a doubt in regard to eligibility of the Oustee applicant, he shall refer the matter to the Colonisation Commissioner, who in turn may further refer the matter to the Government of Himachal Pradesh for clarification of the doubt.] 3 [(6) After such scrutiny and on receipt of clarification required, if any, the Allotting authority shall decide regarding the eligibility of the Oustee applicant and shall pass, final orders on the application and shall communicate the same to the applicant in Form-VIII]. (7) In case the application is granted and the Oustee applicant is allotted land which shall be done only out of land reserved for the purpose, the Oustee applicant shall deposit the prescribed instalment of price in the concerned sub-treasury and shall there-after take possession of the allotted land within 4 [90 days] of the receipt of notice under sub-rule (6). In case he fails to deposit the instalment of price and take possession of the land within the stipulated period the allotment shall be deemed to have been cancelled and the land may be allotted to any other person: 5 [Provided, however, that the period of 60 days from the date of publication in the official Gazette of the Rajasthan Colonisation (Allotment of Government Land to Pong Dam Oustee in the Indira Gandhi Canal Colony) (Amendment) Rules, 1982 shall be provided to eligible persons who are eligible under rule 8-A of these rules to apply for the review of the orders cancelling the allotments of land previously made to them.] [45 days from the date of order of review as provided in] the Rajasthan Colonisation (Allotment of Government Land to Pong Dam Oustees in the Indira Gandhi Canal Colony) (Amendment) Rules, 1984 shall be allowed for deposit of first instalment and taking possession by the persons in whose cases of fresh allotment has been made under

6 · [Provided further that a period of 7 rule 8 -A or 8 -AA of these rules.]

1 · Inserted by Notfn. No. F.6(112) Col/92 Pt. IV, dt. 04.09.2000

2 · Substituted by Notfn. No. F.4(a)(1) Rev/Col./68, dt. 02.03.1973.

3 · Substituted by Notfn. No. F.4(3) Rev/Col./82, dt. 22.04.1982.

4 · Substituted by Notfn. No. F.4(3) Rev/Col./82, dt. 22.04.1982.

5 · Added by Notfn. No. F.4(3) Rev/Col/82, dt. 22.04.1982.

6 · Added by Notfn. No. F.1(12) Rev/Col/78, dt. 22.10.1984.

7 · Substituted by Notfn. No. F.1(12) Rev/Col./73, dt. 13.06.1985 .

6 · Terms and conditions of allotment. -All allotments of land made under these rules shall be made and shall be deemed to have been made under the following terms and conditions :-

1 · [(3) Initially, the allotment shall be on ghair Khatedari tenure only, but khatedari rights shall accrue in the land so allotted after the expiry of 2 [three years] from the date of allotment or after the full price of the land, together with other dues of the State Government, if any, have been paid by him to the State Government, whichever is later :

4 · [Provided that after the expiry of 5 [three years] from the date of taking over possession by the allottee and subject to allottee having paid the full price of land allotted to him, the Colonisation Commissioner may, on the application of the allottee, after satisfying that hard and exceptional circumstances exist, allow the allottee to relinquish the land allotted to him in favour of the State Government on refund of the price paid by him for the said land :

1 · Substituted by Notfn. No. F.4(4) Col/99, dt. 15.04.2000.

2 · Substituted by Notfn. No. F.4(4) Col/99, dt. 29.09.2008.

3 · Substituted by Notfn. No. F.4(4) Col/99, dt. 29.09.2008.

4 · Added by Notfn. No. F.4(a)(I) Rev./Col/68, dt. 02.03.1973.

5 · Substituted by Notfn. No. F.4(4) Col/99, dt. 29.09.2008.

6 · -A. 1 [XXXX]

4 · [Provided that where order of restoration of the original allotment is made, then the period of 20 years for the payment of all the instalments shall remain the same and shall be reckoned from the date of original allotment but the payment of the price outstanding calculated at the scale of price applicable on the date of original allotment shall be re-scheduled and shall be made in equated annual instalments within the remaining number of years left out of the said total period of 20 years alongwith interest at the rate of 6% per annum on the instalments which had become overdue upto the date of order of re-scheduling :

1 · Inserted by Notfn. No. F.4(4) Col/99, dt. 27.07.2001.

1 · [8-A. Review and Revision.- Notwithstanding anything contained in these rules, the order of cancellation of allotment may be reviewed and, after due enquiry, it may be withdrawn and the order of restoration of the original allotment may be passed by the Allotting Authority on an application presented, within sixty days from the date of coming into force of the Rajasthan Colonisation (Allotment of Government Land to Pong Dam Oustees in the Indira Gandhi Canal Colony) (amendment) Rules, 1982, by a person who was previously allotted land under these Rules in the following cases :-

2 · [(vii) in which the allottee had not started living permanently in the Chak Abadi of the allotted land withn six months of date of taking of possession of the allotted land, and:

1 · Inserted by Notfn. No. F.4(3) Rev./Col/82, dt. 22.04.1982 .

2 · Inserted by Notfn. No. F.1(12) Rev/Col/78, dt. 22.10.1984.

1 · [Provided further that no order of restoration of the original allotment shall be made unless the allottee had started living permanently in the Chak Abadi of the allotted land or in the chak in which the allotted land is situated, before the order of cancellation of allotment and makes an application for review within 60 days from the commencement of Rajasthan Colonisation (Allotment of Land to Pong Dam Oustees in the Indira Gandhi Canal Colony) (Amendment) Rules 1984:

2 · [8-AA. Further review.- (1) All applications for review under rule 8-A pending before the allotting authority on the date of commencement of Rajasthan Colonisation (Allotment of Land to Pong Dam Oustees in the Indira Gandhi Canal Colony) (Amendment) Rules 1984: shall be heard and decided by him under and in accordance with these rules.

1 · Inserted by Notfn. No. F.1(12) Rev/Col/78, dt. 22.10.1984.

2 · Inserted by Notfn. No. F.1(12) Rev/Col/78, dt. 22.10.1984.

1 · [10-A. Any person against whom an order cancelling his allotment of land has been passed or whose application for allotment of lands has been rejected by the Allotting Authority has been upheld in the first appeal, shall, if he prefers a second appeal or a revision, deposit 25% of the reserve price of such land as security in the Government Treasury and furnish copy of the treasury challan with the memo of Appeal, Revision or Review. In case of his failure to make such deposit the second appeal or the revision or review shall not be entertained.]

1 · [FORM-II

1 · [FORM-II-A

2 · The contents of the aforesaid application have been checked from the records kept in my office and the same are verified to be true and correct. SEAL Signature of Certifying Authority.]

1 · [FORM-IV

1 · [Form-V