THE RAJASTHAN COLONISATION (GANG CANAL LANDS PERMANENT ALLOTMENT AND SALE) RULES, 1956.

1 · Short title, commencement and extent of applicability.- (1) These Rules may be called the Rajasthan Colonisation (Gang Canal Lands Permanent Allotment 1 [and sale] Rules, 1956.

2 · Interpretation.3 [(1)] In these Rules the word "Zamindar" shall have the same meaning as given In the Rajasthan Tenancy Act, 1955( Act 3 of 1955).

4 · [(2) " lands less person" means a person who has been a resident of Rajasthan since before the 1st day of April, 1955 and is by profession a bona fide agriculturist or bona fide agricultural labourer and whose primary source of income is agriculture:

5 · [Provided further that a released 'Sagri' as certified by the Sub-Divisional Officer will be treated as landless person of that village.

6 · [Provided further that following categories of persons shall not be deemed to be landless persons, namely:-

1 · Inserted by Notfn. No. F.6(37) Rev./B/62, dt. 16.03.1963.

2 · Substituted by Notfn. No. F.6(34)Rev./Col./54/Irg., dt. 12.11.1957.

3 · Rule 2 renumbered as sub -rule(1) thereof and sub-rule (2) added by Notfn. No. F.6(40) Rev./B/Col./61, dt. 19.02.1974.

4 · Rule 2 renumbered as sub -rule(1) thereof and sub-rule (2) added by Notfn. No. F.6(40) Rev./B/Col./61, dt. 19.02.1974.

5 · Added by Notfn. No. F.3(19) Rev./Col./76, dt. 27.08.1976.

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

1 · [(3)"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.

2 · [(5) "Index Price" means the market value of the land determined from time to time by the District Level Committee constituted under the provisions of the Rajasthan Stamps Rules, 1955 with respect to land of similar soil class of the area in which the land to be sold is situated.]

3 · Person eligible for allotment of land.- (1) The persons eligible for allotment of lands, on a permanent basis, shall be following in the order of priority in which they are mentioned hereunder, namely :-

3 · [(i) Tenants who have been cultivating land temporary on the basis of three years girdawri since before 1947 and who cultivate or can reasonably be expected to cultivate personally.

4 · [Explanation.- It is not necessary that a tenant should have been continuously cultivating the same piece of land on temporary cultivation lease; if he has been holding land on temporary cultivation lease anywhere in the Gang Canal area and has been cultivating it personally, he shall be eligible for permanent allotment of land under this clause.]

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

2 · Added by Notfn. No. F.4(10)/Col./ 95, dt. 05.05.1999.

3 · Substituted by Notfn. No. F.6(34) Rev./B/54/Irg., dt. 22.05.1958.

4 · Substituted by Notfn. No. F.6(40) Rev./B/61, dt. 17.05.1962.

1 · [(vi) Tenants who have been cultivating barani land from 1952 onwards.] (vii) 2 [XXXX] 3 [(vii-A) Temporary cultivators who were allotted land 4 [on or before 1.1.1995 whether his temporary cultivation lease renewed or not or has been cancelled and such cultivators having possession on such land till the date of allotment] and who cultivate, or can reasonably be expected to cultivate the land personally, subject to the condition that land is available.] 5 [(viii) (a) Landless person of Scheduled Caste and Scheduled Tribes residing in the same chak; (b) Other landless persons of the same chak: Provided that among landless persons described in the above sub-clauses a T.C. leaseholder shall be given priority: Provided further that if landless persons of the relevant priority are not available in the same chak, landless persons of the adjoining chak or village will be allotted lands according to the prescribed authority. 6 [(ix) The tenants, including displaced persons, who were allotted half square of land in 1952 in pursuance of Notification No. F. 3(375) Rev. 11/51, dated the 25 th August, 1951, may be given half square of land more in order to make up one full square if they have applied for further allotment; provided that such allotment of an additional half square shall be made after all pending applications are disposed of and subject to the condition that after the allotment of the additional half square the total area of land with the allottee shall not exceed 15.6 acres and that the price to be charged from him shall be equal to the prevailing market price: Provided that in the case of persons whose applications for permanent allotment of land has been rejected on account of there being a gap of one year in temporary cultivation since 1947, a break of two years in continuous possession and cultivation from 1947 to 1962 may be condoned by the Collector so as to make them eligible for allotment of land; and in the case of persons whose applications has been rejected on account of there being a gap of one year in temporary cultivation after 1952, one year's break in continuous possession and cultivation from 1952 to 1962 may be similarly condoned.]

1 · Substituted by Notfn. No. F.6(40)Rev./B/61, dt. 17.05.1962.

2 · Deleted by Notfn. No. F.6(40)Rev./B/61, dt. 19.02.1974.

3 · Inserted by Notfn. No. F.6(34)Rev./B/54/Irg., dt. 22.05.1958 and substituted by Notfn. No. F.4(11) Col./97, dt. 13.09.2001.

4 · Substituted by Notfn. No. F.4(11)Col./97, dt. 23.01.2003 and again by Notfn. No. F.4(11) Col./97, dt. 24.09.2004.

5 · Substituted by Notfn. No. F.6(40) Rev./B/Col./61, dt. 19.02.1974.

6 · Substituted by Notfn. No. F.6(34) Rev./B/54/Irg. , dt. 22.05.1958.

1 · [Provided that a landless person who does not hold any tenure land anywhere in Rajasthan or such land as he holds is less than 21/2 acres of irrigated land or 5 acres of un -irrigated land shall be given preference within the category specified in sub-rule (1) which appertains to him.]

2 · [ 3 [(2) Notwithstanding anything contained in Rule 4, small patch, small patches of land upto five bighas of irrigated land and ten bighas of non irrigated land, may be allotted to a person holding land in same square or person holding adjoining land, if the person is prepared to pay of the index price or reserve price whichever is higher, in two instalments, the first instalment being payable within fortnight of order of allotment, in the current financial year of the allotment. The due date in respect of second instalment shall be the date of the year of corresponding to the date on which the date of allotment was done in the next financial year. Interest shall be charged thereon at the rate of 12% per annum from the date of default of payment of an instalment on the due date:]

4 · [(3) Notwithstanding anything contained in sub-rule (1) of rule 3, the Collector of the District shall allot land on priority to a landless person of the village, Tehsil, or the District respectively, identified as a Beneficiary of the Integrated Rural Development Programme.]

1 · [3-A. (1) Notwithstanding anything contrary contained in these rules "medium patch" of Government land measuring more than 5 bighas of irrigated land and 10 bighas of unirrigated land but not more than 10 bighas of irrigated land and 20 bighas of unirrigated land may be allotted to a tenure tenant whose tenure land adjoins such medium subject to the ceiling area at the rate of index price:

4 · Extent of allotment. -(1) To every person eligible for allotment under rule 3 the maximum land that may be so allotted shall subject to availability, not exceeding 25 bighas of perennial land or 50 bighas of non-perennial irrigated land:

2 · [(c) In considering the extent of land to be allotted under these Rules the total area of land already held by the applicant, whether in this State or in any other State in India shall be taken into account.]

1 · [(d) ;fn fdlh vLFkk;h vfHk/kkjh dk Hk wfe ij fujUrj [k srh lac a/kh dCtk gS rks mls 25 ch?kk flafpr Hk wfe ;k bld s cjkcj ls vuf/kd Hkwfe vkjf{kr ewY; ij vkaofVr dh tk;sxh vk Sj ;fn mld s 2[o;Ld i q=@i q=h ;k i q=@i q=h g S@gS a] rks ml s@mUg sa vf/kd Hkwfe e sa ls 25 ch?kk flafpr ;k blds cjkcj ls vuf/kd Hkwfe vkjf{kr ewY; ij vkoafVr dh tk;sxh vkSj , sls vkaoVu ds i'pkr 'k s"k jgh Hkwfe vLFkk;h vfHk/kkjh ;k mld s 3 [o;Ld i q=@i q=ksa ;k vfookfgr i q=h@iqf=;k sa], ;fn o s , sls vko aVu ds fy, vkosnu dj sa] dk s izpfyr cktkj ewY; ij vkoafVr dh tk ldsxh%

7 · [Where land has not been shown in the land records as divided prior to the year 1952 the family shall not be treated as divided, nor shall any allotment be made on the ground that the share of one person comes to less than one square.]

1 · [(1-a) Where an applicant is a married agriculturist, the application for allotment shall be submitted in the name of both husband and wife.]

6 · Allotment. -(1) On an application for fresh allotment, the Collector shall consider such application on its own merits and shall, if satisfied that the applicant is eligible for allotment of land in accordance with these rules, allot the land applied for, or any other suitable land if available, on payment of price fixed under rule 7 and grant the applicant Khatedari rights therein.

2 · [(1-a) In case where allotment of land is made to a married Agriculturist, the allotment shall be in the joint name of husband and wife and the allottees, in such case, shall be deemed to be joint allottees.]

1 · Inserted by Notfn. No. F.4(3) Col./99, dt. 11.09.2002.

2 · Inserted by Notfn. No. F.4(3) Col./99, dt. 11.09.2002.

1 · [(5) The Land belonging to a member of a Scheduled Caste or a Scheduled Tribe which vests in the State Government under sections 175 and 176 of the Rajasthan Tenancy Act, 1955 and under sections 13 and 14 of the Rajasthan Colonisation Act, 1954, shall be allotted only to a member of a Scheduled Caste or a Scheduled Tribe respectively, in accordance with the provisions of these rules.]

2 · [6-A (1) Notwithstanding anything contained in rules 3,4,5 and 6 and without prejudice to any proceedings pending there under, land up to 25 Bighas of irrigated land or 50 Bighas of unirrigated land may also be allotted to temporary cultivation lease holders to whom land had been allotted under Temporary Cultivation Leases Conditions, 1955 and who are in continuous cultivatory possession thereof beginning from 1953 to 1960.

7 · Fixation and recovery of price.- (1) The Government shall fix the scales at which the price for land allotted under these rules may be charged, and such scales may be different for different kinds of land.

1 · Substituted by Notfn. No. F.22(30) Rev./Col./65, dt. 05.06.1970.

2 · Added by Notfn. No. F.22(30) Rev./Col./65, dt. 28.11.1970.

3 · Added by Notfn. No. F.22(30) Rev./Col./65, dt. 28.11.1970.

4 · Inserted by Notfn. No. F.6(40) Rev./B/61, dt. 26.11.1962.

5 · Inserted by Notfn. No. F.4(13) Rev./Col./76, dt. 19.09.1978 and substituted by Notfn. No. F.19(7) Rev./Col./78, dt. 04.06.1981.

6 · Substituted by Notfn. No. F.22(30) Rev./Col./65, dt. 28.11.1970.

1 · [Provided that where the allottee fails to deposit the Installments of price of land, no action for cancellation of allotment of land shall be taken by the allotting authority if the allottee deposits the remaining unpaid price of land without any interest as lump sum upto 31.12.2013:

2 · [7-A Difference in Prices.3 [(1) If any land allotted as uncommand land subsequently becomes command land, then for such land the allottee shall pay to the State Government, the prevailing reserve price on the date the land becomes command land, less the price which he has already paid in terms of uncommand land.]

1 · Substituted by Notfn. No. F.14(8) Col./2009, dt. 29.05.2013.

2 · Inserted by Notfn. No. F.4(12) Rev./Col./73, dt. 24.01.1977.

3 · Substituted by Notfn. No. F.4(11) Col./99, dt. 11.02.2003.

1 · [7-B. In cases In which the cost of development of the allotted land has been borne by the State Government, the cost shall be payable by the allottee at the rates prescribed by the State Government from time to time, alongwith the instalments of the price of the land.]

8 · Reservation of land for Harijans.- (1) In each Tehsil to which these rules extend, same land on proportionate population basis will be reserved for Harijans out of the total land therein available for allotment.

2 · [(2) Every Harijan who is eligible for allotment under these rules shall be allotted land in accordance therewith. Any Harijan who has been continually residing in the village since before 1952 may be allotted land at the rate of 12 ½ bighas if he has a pair of bullocks or camel on the date of allotment or he has been cultivating land as a partner or labour. Such allotments shall be subject to the provisions of rule 4 and 7.]

3 · [8-A. Out of the total Government land available for allotment within a radius of 12 KM from the periphery of a city having population of one lakh persons or more or within a radius of 8 KM from the periphery of a town having population of fifty thousand or more but less than one lakh persons, or within a radius of 3 KM from the periphery of a town having population of twenty five thousand or more but less than fifty thousand persons 25% land shall be reserved for allotment to the persons belonging to a Scheduled Caste or Scheduled Tribe and the remaining land shall be allotted to other landless persons eligible for allotment .]

9 · Special cases.- Notwithstanding anything contained in these rules the Government may make allotment to any person as a special case : [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

4 · prescribed authority, subject to such terms and conditions as may be prescribed in this behalf.]

1 · Added by Notfn. F. 19(7) Rev./Col./78, dt. 04.06.1981

2 · Substituted by Notfn. F. 6(34) Rev./II/54/Irg., dt. 14.10.1959

3 · Inserted by Notfn. F. 4(13) Rev./Col./76, dt. 19.09.1978 and substituted by Notfn. F. 19(7) Rev./Col./78, dt. 04.06.1981

4 · Added by Notfn. F. 18(3) Rev./Col./77, dt. 07.02.1981

1 · [9-A. Disposal of Government land by auction.- (i) The State Government may reserve any area or class or category of Government land for sale by public auction.

2 · [9-B. Regularization of certain cases of trespassers.- (1) Notwithstanding anything contained in these rules and subject to the specific or general directions of the Government allotting authority may, on the advice of the Advisory Committee, instead of ejecting a transpasser from the land occupied by him, allow him to retain possession of the whole, or part of such land subject to the extent of the ceiling area applicable to the allottee under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973( Rajasthan Act 11 of 1973):

3 · [Provided that such trespasser has been in possession over the trespassed land for minimum five years during preceding seven years from 01.01.2000 and still in continuous possession from 01.01.2000:]

1 · Added by Notfn. No. F.4(8) Rev./Col./75, dt. 25.11.1975.

2 · Inserted by Notfn. No. F.4(3) Col./99, dt. 26.09.2004.

3 · Substituted by Notfn. No. F.4(3) Col./99, dt. 11.01.2008.

1 · [(8) Notwithstanding anything contained in these rules, the Agriculture Co-operative Society to whom land was allotted and the said society provided part of that land to its member for cultivation and the said land has been resumed under the Rajasthan (Allotment of Land to Cooperative Societies) Rules, 1959 or voluntarily surrendered by such member or his successor who got gairkhatedari or khatedari rights in violation of sub-rule (7) of Rule 5 of the said Rules of 1959, if such member, was member of such co-operative society on or before the date of commencement of these amendment rules and same is verified by the concerned registering authority and such members or his successor is bona fide agriculturist and continuously cultivating the said land personally, the allotting authority may on advice of Advisory Committee instead of ejecting him, allot the whole or part of that land subject to ceiling limit on payment of twenty five percent of the reserve price in case of member of Scheduled Castes, Scheduled Tribes, Other Backward Classes and Below Poverty Line families, and on payment of fifty percent of the reserve price in case of others, by reducing the amount already deposited, if any.]

2 · [10. Appeal and Revision.- (1) Any person aggrieved by an order made by the Collector under Rule 6 may, within 30 days of the date of such order, appeal to the Revenue Appellate Authority.

1 · [11. 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.]