THE RAJASTHAN COLONISATION (MEDIUM AND MINOR IRRIGATION PROJECTS GOVERNMENT LANDS ALLOTMENT) RULES, 1968

1 · [(ii-A) "Beneficiary of the Integrated Rural Development Programme" means a person who has been Identified as being below the subsistence level and included in the Integrated Rural Development Programme and certified as such by the Collector or his authorised representative.]

1 · Added by Notfn. No. F.4(25) Rev./Col./77, dt. 10.11.1982.

1 · [(vi-A) "Landless person" means a resident of Rajasthan who is either a bona fide agriculturist or an agricultural labourer, cultivating or likely to cultivate the land personally and whose main source of income is agriculture or any subsidiary occupation like cattle breeding, provided such person does not hold any tenure land anywhere in Rajasthan or such land that he holds is less than a fragment]. 2 [Provided that a released Sagri as certified by the Sub-Divisional Officer will be treated as landless person of that village. Explanation.For the purpose of this proviso "Sagri" means the bonded labourer as defined in the Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976).] 3 [Provided further that the following categories of persons shall not be deemed to be landless persons, namely :(a) an employee other than a casual or work charged employee of the Government, or of a commercial or industrial establishment or concern, his wife and children dependent on him; (b) a person who has sold, or otherwise transferred, the whole or part of the land held by or allotted to him other than land transferred to or acquired by the Government or statutory bodies, and thereby reduces the size of his holding to become a landless person.] (vii) "Medium and Minor Irrigation Projects" means all irrigation projects excluding Gang Canal, Chambal, Jawai, Rajasthan Canal and Bhakra and such other projects as may be excluded from time to time by the State Government by notification published in the Official Gazette from the purview of these rules. (viii) "Advisory Committee" means a committee formed under rule 13. 4 [(viii-A) "Integrated Rural Development Programme" means a programme undertaken by the State Government to identify the poorest persons subsisting below the poverty line, as well as the subsistence level and residing in a rural area, and to provide productive assets and benefits for their economic upliftment.]

1 · Added by Notfn. No. F.24(449) Rev./Col./72, dt. 23.05.1972.

2 · Added by Notfn. No. F.4(19) Rev./Col./76, dt. 27.08.1976.

3 · Added by Notfn. No. F.4(10) Rev./Col./75, dt. 27.12.1982.

4 · Added by Notfn. No. F.4(25) Rev./Col./77, dt. 10.11.1982.

4 · Application of General Colony Conditions.- The Rajasthan Colonisation (General Colony) Conditions, 1955, issued under sub-section (2) of section 7 of the Act shall mutatis mutandis, apply to all allotments of land made under these rules.

5 · Person eligible to allotment of Government Lands.- The persons eligible to allotment of Government lands under these rules shall be -

1 · [(a) landless persons of the village. Tehsil or the District respectibely, identified as beneficiaries of the Integrated Rural Development Programme.]

2 · [(b) landless persons.]

3 · [(c) displaced agriculturist.]

4 · [(d) Panchayat and Panchayat Samitis.]

5 · [6. Reservation.- (1) Out of the Government lands in Medium and Minor Irrigation Projects Area land upto 25% shall be reserved for allotment at reserve price to :-

7 · Persons not eligible to allotment of Government Land.- (1) No allotment of Government land shall be made to any displaced agriculturist or person even though his lands may been acquired in connection with the project if his total holding after such acquisition exceeds the ceiling limit fixed by any law for the time being in force.

6 · [8. Allotment and its terms.(1) No person shall be entitled as of right to allotment of Government land under these rules or to the acquisition of tenancy rights.

1 · Substituted by Notfn. No. F.4(25) Rev./Col./77, dt. 10.11.1982.

2 · Substituted by Notfn. No. F.4(2) Rev./Col./76, dt. 9.10.1985.

3 · Inserted by Notfn. No. F.4(8) Rev./Col./76, dt. 31.01.1978.

4 · Inserted by Notfn. No. F.4(8) Rev./Col./76, 31.01.1978.

5 · Substituted by Notfn. No. F.4(2) Rev./Col./76, dt. 9.10.1985.

6 · Substituted by Notfn. No. F.4(9) Rev./Col./83, dt. 09.09.1983.

1 · [(2-a) In case where allotment of land is made to a married Agriculturist, the allotment shall be in the joint name of both husband and wife and the allottees in such case shall be deemed to be joint allottees.] (3) Allotments of Government land under these rules shall be subject to the terms and conditions specified in the Rajasthan Colonisation (General Colony) Conditions, 1955 and the allottee shall be eligible to the conferment of Khatedari rights in accordance with the said conditions.] 9. Lands not available for allotment under these Rules. -The commanded lands falling within the Municipal limits of any town or city shall not be disposed of under these Rules. 10. Priorities In allotment. -(1) Except in cases falling under rule 6, the following order of priority shall be observed in the allotment of Government land under these Rules : -(i) displaced agriculturists; (ii) landless persons. (2) Allotment to persons under category (ii) above shall be made in the following order of preference:(i) landless of the same village; (ii) landless of the adjoining villages; (iii) landless of the same Tehsil; 2 [Provided that a landless person who does not hold any tenure land anywhere in Rajasthan or such land as he holds is less than 2 1/2 acres of irrigated land or 5 acres of unirrigated land shall be given preference within the category specified in sub-rule (2) which appertains to him.] 11. Procedure for allotment. -(1) The allotting authority shall before taking up the allotment in any particular area issue under its signatures a public notice in Form-I inviting applications for allotment form displaced agriculturists and landless 3 [ persons] within a time fixed therein. (2) Copies of the said public notice shall be affixed on the notice board of the office of the allotting authority and office of the Tehsil concerned, and in a conspicuous place in the village concerned and the same shall also be proclaimed by beat of drum in the village or villages in which lands to be allotted are situated. 12. Application for allotment.- (1) Within one month from the date of publication of the public notice under sub -rule (1) of rule11, any person eligible to allotment of Government land on permanent basis under these Rules, may submit to the Tehsildar of his area an application in writing in Form-II for such allotment:

1 · Inserted by Notfn. F.4(3) Col./2001, dt. 23.10.2002.

2 · Added by Notfn. F.4(10) Rev./Col./75, dt. 27.12.1982.

3 · Substituted by Notfn. F.4(2) Rev./Col./76, dt. 09.10.1985.

1 · [Provided that the state Government may by notification reduce the period of one month to 2 [7] days within which the eligible persons may submit applicantion to the Tehsildar.] 3 [(1-a) Where an Applicant is a married Agriculturist, the Application for allotment shall be submitted in the name of both husband and wife.] (2) The Tehsildar shall, on receipt of an application for allotment(a) immediately register it in a register to be maintained in the Tehsil in Form-III and issue to the applicant a receipt in Form-IV; and (b) scrutinize these applicantions and verify the particulars mentioned in the application with reference to relevant entries in the land records and may also conduct such enquiry as may be necessary as regards the rights and eligibility of the applicant for allotment under these Rules. (3) The Tehsildar shall submit within 4 [such time as may be fixed by the Allotting Authority], all applications with his report on each of them to the allotting authority. (4) On the grant of the applications, the allotting authority shall issue an allotment order to the applicant and will deliver possession of the land allotted to him. (5) Applications received after due date or made by persons who are not eligible to

13 · Allotments to be in consultation with the Advisory Committee.- (1) All allotments shall be

1 · [(e) Block Development Officer;

2 · [Provided further that the State Government may by notification reduce the notice period of 15 days to 7 days.]

3 · [(4) The minutes of the meeting shall be recorded by the allotting authority and signed by the member present, and if there is a difference of opinion, the opinion of each member attending the meeting shall be recorded. In case of difference of opinion between the members of the Advisory Committee and the allotting authority, the latter shall record his reasons and pass final orders rejecting or granting the application for allotment. If there are more than one applicant of the same category for the same plot of land, the land shall be allotted by drawing of lots amongst the said applicants in the manner laid down in sub-rule (5). No applicant is entitled to more than one plot of lands under these rules.

1 · Added by Notfn. No. 4(15) Col./88, dt. 07.06.2002.

2 · Added by Notfn. No. F.4(12) Rev./Col./76, dt. 15.04.1976.

3 · Substituted by Notfn. No. published in Raj. Gaz. Pt. IV dt. 20.04.1972.

14 · Allotment to displaced agriculturists.- (1) So far as possible, land of the same quality and value as may have been acquired from a particular displaced agriculturist shall be allotted to him. (2) Any claims remaining unsatisfied due to paucity of land may be satisfied by payment of cash compensation.

15 · Rules of computation and allotment.- (1) For purpose of computation of area, 1 bigha of irrigated land shall be deemed to be equal to 3 bighas of Barani or culturable follow land.

16 · Scale of allotment. -The following shall be the scale of allotment :-

1 · Inserted by Notfn. No. F.4(2) Rev./Col./76, dt. 09.10.1985.

1 · [(iv)(a) The small patches of Government land up to 2 acres or less shall be allotted to a tenant of contiguous field or holding by charging the market price provided that the land covered by such small patch is not recorded as Pasture land, or Cremation ground or Burial ground or Play ground or land acquired for public purpose.

2 · [17. Fixation of Scales of Reserve Price.- (1) Subject to the general or specific directions of the State Government, the Collector shall fix the scales of reserve price in accordance with this rule which shall be charged from the allottees of Government land under these rules.

3 · [Provided that for the allotment of land in Tribal Area Sub-Plan (TSP), 25% of the reserve price shall be charged from the allottees belonging to Scheduled Castes and Scheduled Tribes:

4 · [17-B. Difference in Prices.(1) If any land allotted as Barani/Un-command land subsequently becomes command land, then for such land the allottee shall pay to the State Government the reserve price of the Command land at the rates applicable less the price which he has already paid in terms of un-command/barani land. (2) The price referred to in sub-rule (1) shall be payable by the allottee in five annual instalments, the first instalment being payable within a fortnight of the order. The due date in respect of second and subsequent instalments shall be the date of the year corresponding to the date on which the order was made. Interest at the rate of 9% per annum shall be charged in default of payment of any instalment on due date. its price as command land will be adjusted towards the price or instalments payable for it as un-

1 · Substituted by Notfn. No. F.4(15)Rev./Col./88, dt. 06.12.1988.

2 · Substituted by Notfn. No. F.4(3) Col./2001, dt. 24.04.2001.

3 · Added by Notfn. No. F.24(449)Rev./Col./72, dt. 23.05.1972.

4 · Inserted by Notfn. No. F.4(9) Rev./Col./83, dt. 28.08.1985.

18 · Power of Government to allot lands. -Nothing contained in these Rules shall at any time and in any manner, limit the powers of the Government in the Colonisation Department to dispose of any Government land in any manner it deems fit: 1 [Provided that Government may delegate the powers of allotment in any case or a class of cases under this rule to the Colonisation Commissioner or the Collector or to any other prescribed authority, subject to such terms and conditions as may be prescribed in this behalf.] 19. Disposal of Government land by auction.- The State Government may, instead of disposing of all available Government land by allotment, order that the whole or a certain proportion thereof to be specified by it, shall be sold by public auction in which event the provisions contained in rules 20 to 22 of the Rajasthan Colonisation (Bhakra Project Government Lands Allotment and Sale) Rules, 1955 shall, mutatis mutandis apply to such sales by auction. 2 [20. Appeal and Revision.(1) Any person aggrieved by an order passed by the Allotting Authority may, within 30 days of the date of such order, appeal to the Revenue Appellate Authority. (2) Any person aggrieved by an order of the Revenue Appellate Authority may within 60 days of the date of such order, file revision to the Board of Revenue for Rajasthan.] 3 [20-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, and such order or decision of 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.] 4 [21. Regularisation of certain cases of trespassers.- (1) Notwithstanding anything contained in these rules, and subject to the specific or general directions of the Government, the allotting authority may, on the advice of the Advisory Committee, instead of ejecting a trespasser from the land occupied by him, allow him to retain possession of the whole, or part of such land to which he would have been entitled to allotment under these rules:

2 · [22. Allotment of lease holders.- Notwithstanding anything contained in these rules and subject to the specific or general directions of the Government, all persons who were allotted land on lease basis under and in accordance with notification No. 6(84) Rev.-II/53, dated 02.12.1953, and have been in continuous possession of land and are still in possession of such land shall be eligible for allotment under these rules, if the total area of land held by him together with the area of land so allotted shall not exceed ten acre of Command Land (for purpose of computing the total area of his holding his notional share in the joint holding of his family shall be taken into consideration) on payment of reserve price fixed under Rule 17. Other terms and conditions of allotment prescribed in these rules shall be applicable on such allotment.

2 · [I/we], therefore, hereby request that 3 [I/we] may be allotted the under mentioned lands for cultivation : -

4 · [I/we] hereby agree to abide by the provisions of (1) Rajasthan Colonisation Act, 1954 (2) the Rajasthan Colonisation (General Colony) Conditions, 1955 and (3) these rules.

5 · [I/we] further undertake to pay the price of the land as fixed by the Government.