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THE RAJASTHAN COLONISATION (ALLOTMENT AND SALE OF GOVERNMENT LAND IN THE INDIRA GANDHI CANAL COLONY AREA) RULES, 1975

05b099716e7610341549d3e97e22696a59ca6e08 · 1954 · Rajasthan

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Parent: The rajasthan colonisation act,1954 (cb30314d290236f3bd98e0bd343743d9934f0d96)

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THE RAJASTHAN COLONISATION (ALLOTMENT AND SALE OF GOVERNMENT LAND IN THE INDIRA GANDHI CANAL COLONY AREA) RULES, 1975 [Notification No. F.4(10) Rev./Col./75, dated 08.08.1975, published in Rajasthan Gazette, Extordy. Pt. IV-C(1), dated 08.08.1975] In exercise of the powers conferred by section 7 read with section 28 of the Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954), the State Government hereby makes the following Rules for allotment and sale of Government land in the Indira Gandhi Canal Colony area , namely:- Short title, extent and Commencement.(1) These rules may be called the Rajasthan Colonisation (Allotment and Sale of Government land in the Indira Gandhi Canal Colony Area) Rules, 1975. They shall extend to the whole of Indira Gandhi Canal Colony area. They shall come into force from the date of their publication in the Official Gazette. Interpretation.- (1) In these rules, unless there is anything repugnant to the subject or context- (i) “Act” means the Rajasthan Colonisation Act, 1954 (Rajasthan Act 27 of 1954); (ii) “Advisory Committee” means a Committee Constituted by rule 13: (iii) "Agricultural Graduate" means a landless person who is a graduate or post-graduate in agriculture or agricultural engineering 1 [form any University in India] and who is un-employed; (iv) “Allotting Authority” means the Collector as defined in clause (i) of section 2 of the Act. 2 [(iv-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.] (v) "Bhakra Landless Person" means a landless person as defined under sub-rule (vi) of rule 2 of the Rajasthan C

Rule TOC

2 · [(iv-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 · [(ix-a) "Ex-Servicemen" shall mean a landless person, other than a commissioned officer, who has been discharged from the Armed Forces of India after rendering atleast 5 years service but shall not include such person who has been discharged on disciplinary grounds.] (X) "Form" means form annexed to these rules; 2 [(x-A) "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 the land of similar soil class for the area in which the land to be allotted is situated.] 3 [(x-B) "Integrated Rural Development Programme" means a programme undertaken by the State Government to indentify 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.] (xi) "Joint Family" means an undivided Hindu family and shall include in the case of other persons, a group or unit of the members of which are by custom or usage joint in estate or residence;
2 · [Provided further that a released 'Sagri' as certified by the Sub-Divisional Officer will also be treated as landless person of that village.
3 · [Provided further that the following categories of persons shall not be deemed to be landless persons, namely:-
4 · [(xiii-A) "Medium Patch" means a piece of land measuring more than 5 bighas of irrigated land and 10 bighas of un-irrigated land but not more than 10 bighas of irrigated land and 20 bighas of un-irrigated land.]
1 · Deleted by Notfn. No. F.4(15) Col/92, dt. 01.09.1995.
2 · Added by Notfn. No. F.4(19) Rev./Col./76, dt. 27.06.1976.
3 · Added by Notfn. No. F.4(10) Rev./Col./75, dt. 27.12.1982.
4 · Inserted by Notfn. No. F.4(16) Col./99, dt. 15.04.2000.
5 · Substituted by Notfn. No. F.4(15) Col./92, dt. 01.09.1995.
1 · [(xvi) "Small Patch" means a piece of land measuring upto 2 [5 bighas of irrigated land and 10 bighas of unirrigated land].
3 · [(xvi-A) "Stage-I" means all lands in the Indira Gandhi Canal Colony which are wholly or partially irrigated through distributories which take off from the main Indira Gandhi Canal between the Harika Barrage;
4 · [(xvii) "Temporary Cultivation lease holder" means a person who is resident of Rajasthan and who has been bona fide agriculturist by profession and to whom land was granted, in the Indira Gandhi Canal Colony area on a valid temporary lease under the Rajasthan Colonisation (Temporary Cultivation Lease) Conditions, 1955 or to whom land is deemed to have been let out temporarily in such area by virtue of the provisions of any law for the time being in force 5 [XXXX] or as temporary lease holder in respect thereof in the land records (including in the relevant revenue records of the former Jagirdars, in case or resumed Jagirs) and who despite the determination of his temporary lease is continuously holding over such land by payment and acceptance of rent and is cultivating it personally up to the extension of these rules to any area of the Indira Gandhi Canal Colony;]
3 · Repeal and Savings.- (1) The Rajasthan Colonisation (Indira Gandhi Canal Project Pre-1955 Temporary Tenants Government land allotment) Conditions, 1971 hereinafter referred to as the Pre -1955 conditions and the Rajasthan Colonisation (Sale and Allotment of Government land to Post -1955 Temporary Cultivation Lease Holders and other landless persons in the Indira Gandhi Canal Project Area) Rules, 1971 hereinafter referred to as the "Post-1955 Rules", are hereby repealed.
1 · Substituted by Notfn. No. F.4(16) Rev./Col/79, dt. 25.06.1981.
2 · Substituted by Notfn. No. F.4(16) Rev./Col/79, dt. 07.01.1983.
3 · Added by Notfn. No. F.6(9) Rev./Col./69, dt. 08.02.1982.
4 · Substituted by Notfn. No. F.4(8) Rev./Col./76, dt. 18.11.1978.
5 · Deleted by Notfn. No. F.4(3) Col./Rev./85, dt. 17.05.1996.
5 · Eligibility and Extent of Allotment.- (1) The following persons shall be eligible for allotment of Government land for agricultural purposes under these rules namely :-
3 · [(i)] Agriculture Graduates,
4 · [(ii)] Landless persons, and
5 · [(iii)] Bhakra landless persons
1 · Substituted by Notfn. No. F.4(15) Col./92, dt. 01.09.1995.
2 · Substituted by Notfn. No. F.4(15) Col./92, dt. 01.09.1995.
3 · Renumbered by Notfn. No. F.4(5) Rev/Col./77, dt. 18.11.1978
4 · Renumbered by Notfn. No. F.4(5) Rev/Col./77, dt. 18.11.1978
5 · Renumbered by Notfn. No. F.4(5) Rev/Col./77, dt. 18.11.1978
1 · [ 2 [(iv)] Ex- Serviceman] 3 [(v) Beneficiary of the Integrated Rural Development Programme.] (2) Each such person may be allotted Government land upto 25 bighas (6.32 hectares): Provided that if such person holds any land anywhere in India, he will be allotted only so much Government land as together with his existing holding does not exceed 25 bighas : Provided further that if such person is elibible for allotment of small patch, such small patch shall be allotted to him only if it is available adjacent to his existing holding. 6. Reservation of Land. -(1) The State Government may reserve Government land in specific areas for allotment to each category of persons specified in sub-rule (1) of rule 5: 4 [Provided that the Government may direct the Colonisation Commissioner to reserve 30% and 20% of the Government land for persons belonging to Scheduled Caste, Scheduled Tribes and Other Backward Classes respectively.] 5 [Provided that for the Johar Paitan Land situated anywhere or the Government Land situated 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 or within a radius of 3 Km. from periphery of town having population of twenty five thousand or more but less than fifty thousand, the Government may direct the Colonisation Commissioner to reserve 6[25%, 15% of the total land for allotment to the Scheduled Caste, Scheduled Tribes and other Backward classes respectively.] the remaining land of both the categories shall be allotted to the landless persons.] (2) Subject to the provisions of sub-rule (1), the Allotting Authority may reserve Government land for all or any of the following purposes :(i) Allotment to Panchayats and Panchayat Samitis; (ii) Village abadis, joharas, tanks or any other public purposes; and (iii) Soil Conservation Schemes.
1 · [(5) The lands belonging to a member of Scheduled Caste or 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 Scheduled Tribe respectively, in accordance with the provisions of these rules.]
7 · Priorities for allotment. -2 [(1) Priorities for allotment of Government land under these rules shall be in the following order :-
3 · [Provided that the temporary cultivation lease holder of the district in which the land to be allotted, is situated, shall be given first priority in allotment.]
1 · Added by Notfn. No. F.4(13) Rev./Col/83/I, 25.11.1983.
2 · Substituted by Notfn. No. F.4(2) Col./92, dt. 30.06.1993.
3 · Added by Notfn. No. F.4(2) Col./92, dt. 03.01.1995.
1 · [(f) Landless persons of the neighbouring district.]
2 · [(g) Landless persons of any other districts of Rajasthan excluding the persons mentioned in clause (h).
4 · [Provided that for purposes of allotment of land in Stage-II the inter se priority of those landless persons who were eligible, and had applied for and were registered by the Allotting Authority for allotment of land in Stage-I under rule 10 and 11 but to whom land could not be allotted due to non-availability of land in Stage-I, shall be reckoned from the date on which they had originally applied for the allotment of land in Stage-I.]
8 · Programme for Allotment and preparation of list of Government Land available for [(1)] The Allotting Authority may from time to time, fix such time and date as it deems proper for inviting applications for allotment of Government land for any specific purpose or class of persons keeping in view the priorities as laid down in sub-rule (1) of rule 7
1 · Substituted by Notfn. No. F.4(2) Col/92, dt. 03.01.1995.
1 · [(2)] The Allotting Authority shall prepare village-wise/chak-wise lists in Form I of all Government land available for allotment. In case any such land is reserved either by the State Government or by the Allotting Authority for any specific purpose or class of persons, the list for the same shall be prepared separately.
9 · Issue and publication of Notice.- (1) After fixing the time and date for inviting applications for allotment and preparing the lists in accordance with rule 8, the Allotting Authority shall issue a public notice in Form II under its signatures inviting applications for allotment within the time fixed therein, which shall not be less than 30 days of the date of such notice.
10 · Application for Allotment.- (1) Within the time fixed in the public notice issued under rule 9 or within such time as may be extended by the Allotting Authority from time to time, any person eligible for allotment of Government land may present an application in 3 [Form as may be specified by the State Government by publication in the Official Gazette] to the Allotting Authority of the area or to any other officer authorised by the Colonisation Commissioner in this behalf:
4 · [(1-a) Where an applicant is a married agriculturist, the application for allotment shall be submitted in the name of both husband and wife.]
1 · Renumbered by Notfn. No. F.4(9) Rev./Col./87, dt. 22.09.1988.
2 · Inserted by Notfn. No. F.4(15) Col/92, dt. 01.09.1995.
3 · Substituted by Notfn. No. F.4(11) Col./98, dt. 16.08.1999 and again by Notfn. No. F.4(11) Col/81, dt. 17.01.2000.
4 · Inserted by Notfn. No. F.4(17) Col./97, dt. 11.09.2002.
11 · Enquiry and Report on Application.- (1) On receipt of an application the Allotting Authority shall immediately register it in a register to be maintained in his office in Form-IV and shall issue a receipt to the applicant in Form-V.
1 · Substituted by Notfn. No. F.4(11) Col./98, dt. 16.08.1999.
1 · [Provided that the applications which are found defective shall be placed before a committee consisting of concerned District Collector or his nominee as the Chairman and concerned Deputy Commissioner/Assistant Commissioner, Colonisation as member. The allotting authority shall consider the recommendation of this committee before deciding any such application.]
12 · Allotment of Land to Agriculture Graduates.- Notwithstanding anything contained in these rules allotment of land to Agriculture Graduates shall be made in the following manner :-
1 · Added by Notfn. No. F.4(16) Col/99 dt. 15.04.2000.
2 · [(9) The Agriculture Graduate shall inform the Allotting Authority immediately on his accepting any employment within five years of the allotment of land and his failure to do so, on his own will disentitle him from the refund of instalments referred to in sub -rule (8)]
3 · [12-A. Allotment of land to Ex-servicemen.- Notwithstanding anything contained in these rules, allotment of land to ex -servicemen shall be made in the following manner :-
1 · Substituted by Notfn. No. F.4(5) Rev/Col./77, dt. 19.03.1980.
2 · Substituted by Notfn. No. F.4(5) Rev/Col./77, dt. 19.03.1980.
3 · Added by Notfn. No. F.4(10) Rev/Col./75, dt. 30.01.1978.
2 · [(vii-A) When there are more than one applicant, allotment shall be made by drawal of lots in the following manner :-
1 · Deleted by Notfn. No. F.4(11) Rev/Col/83, dt. 05.10.1983.
1 · [(vii-B) All allotments of Government land under this rule shall be made by the Allotting Authority in consultation with the Advisory Committee consisting of the following members, namely:-
2 · [(f) Sub Divisional Officer of the concerned Sub-Division as a representative of District Collector.]
1 · Inserted by Notfn. No. F.4(11) Rev./Col./83, dt. 23.08.1984.
2 · Added by Notfn. No. F.4(2) Col/92, dt. 24.03.1994.
13 · Allotment of Land to other category of persons.1 [(1) All allotment of Government land other than those specified in rules 12 or 12A shall be made by Allotting Authority in consultation with an Advisory Committee consisting of-
2 · [(f) Colonisation Tehsildar of the Tehsil in which the land is situated;
3 · [(1-A) Whenever any elections to the Parliament or to the Legislative Assembly of the State or the State Panchayat Bodies are announced by the respective Election Commissions, and any Model Code of Conduct comes into effect as a result of such announcement, then the membership of members of the Legislative Assembly, Pradhans and the Sarpanchs appointed or nominated under sub -rule (1) of Rule 12, shall be automatically suspended with effect from the date from which the Modal Code of Conduct come into force till the date of completion of the Electoral process. The membership of such persons shall be automatically/restored on the date of completion of the Electoral Process.]
1 · Substituted by Notfn. No. F.3(57) Col/95 Pt. VI, dt. 09.11.1999.
2 · Corrected by Notfn. No. F.3(57) Col/95 Pt. VI, dt. 11.11.1999.
3 · Inserted by Notfn. No. F.4(11) Col./1981, dt. 17.01.2000.
1 · [Provided that if in the opinion of the Advisory Committee any land is to be allotted to the family member of the member of the Advisory Committee, then the matter shall be referred to the Colonisation Commissioner/District Collector within whose jurisdiction the land is situate. The allotment shall be made after approval of the Colonisation commissioner/Collector.]
3 · sufficient in the adjourned meeting.]
4 · [XXXX]
1 · Added by Notfn. No. F.4(15) Col/92, dt. 01.09.1995.
2 · Substituted by Notfn. No. F.4(17) Col/97, dt. 17.11.1999.
3 · Substituted by Notfn. No. F.4(8) Rev./Col./76, dt. 18.11.1978.
4 · Deleted by Notfn. No. F.4(17) Col/97, dt. 17.11.1999.
1 · [Provided further that the temporary cultivators who were allotted land on or before 01.01.1995 whether their temporary cultivation lease renewed or not, or has not been cancelled by the competent Court and such cultivators having possession on such land till date of allotment, such persons will be eligible for allotment of lands on a permanent basis on the terms and conditions laid down in the rules and price of land will be charges as laid down in rule 17 of the said rules.]
2 · [(b) If an 3 [adult son/adult daughter] of a temporary cultivation lease holder is eligible for allotment of Government land under these Rules and after allotment of land to his father there remains any surplus land out of the land comprised in the temporary cultivation lease of the father, such surplus land may be allotted to the 4 [adult son/adult daughter] to the extent to which he is eligible. In case, there are more than one such 5 [adult son/adult daughter], such surplus land shall be equally allotted between them as co-tenants. The remaining land to which such 6[adult son/adult daughter] may be eligible under these Rules will be allotted to him alongwith other eligible persons of the same priority to which he belongs and in the manner provided in clauses (c) and (d).]
7 · [Explanation.- In this sub-rule, the expression "adult son" means a son who has attained the age of majority according to the Indian Majority Act, 1875 8 [on or before 01.01.2001]
1 · Inserted by Notfn. No. F.3(29)Col./86, dt. 26.11.2004.
2 · Substituted by Notfn. No. F4(8) Rev./Col./76, dt. 18.11.1978.
2 · [Provided that allotment of any Johar Paitan land shall not be made without prior approval of the Colonisation Commissioner.]
3 · [(e) The date of submitting application before competent authority under clause (b) shall be 4 [31.12.2008.]
5 · [(5-A) the lots shall be drawn in the following manner :-
1 · Deleted by Notfn. No. F.4(11) Rev/Col./83, dt. 06.07.1984.
2 · Substituted by Notfn. No. F.4(15) Col/92, dt. 01.09.1995.
3 · Added by Notfn. No. F.4(14)Rev./Col./83, dt. 29.06.1987.
4 · Substituted by Notfn. No. F.4(11) Col/97, dt. 21.09.2007.
5 · Added by Notfn. No. F.4(11) Rev/Col./83, dt. 06.07.1984.
6 · Inserted by Notfn. No. F.4(2) Col/92, dt. 11.10.1995.
1 · [Provided that the allotting authority shall transfer, the applications of eligible persons, to whom land could not be allotted due to non -availability of land, to a Tehsil where land is available for allotment according to their priority in such Tehsil.]
2 · [Provided further that Colonisation Commissioner may transfer the applications of the eligible persons to whom, land could not be allotted due to non-availability of land from the allotting authority to another allotting authority in the same district where land is available for allotment according to their priority as per rules.
3 · [(8) The allotment order shall be issued by the Allotting Authority to the allottee in the prescribed Form-XII through a registered letter with A.D. The allotment shall be cancelled if the allottee does not turn -up and take possession of the allotted land within three months from the service of the allotment order.]
1 · Added by Notfn. No. F.19(27) Rev/Col./75, dt. 15.07.1976.
2 · Inserted by Notfn. No. F.3(46) Rev/Col./83, dt. 18.03.1999.
3 · Substituted by Notfn. No. F4(2) Col/92, dt. 30.06.1993.
1 · [(10) The allotment of land shall not be made to any member of the Advisory Committee.]
2 · [13-A. Sale by special allotment.3 [(1) Notwithstanding anything to the contrary contained in these rules, such lands as may be notified in this behalf by the State Government in the Official Gazette to be sold by special allotment may be allotted to the persons who are eligible for such allotment in the order of preference given in sub-rule (1) of Rule 7 of these rules and where any such person is not available, to any other person who has been a bona fide agriculturist and a bona fide resident of Rajasthan for a period of not less than twenty years from the date of application in accordance with the priority as mentioned in sub-rule (1-A) 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), at a fixed price to be notified by the State Government in the Official Gazette from time to time, for such notified lands.]
4 · [Provided that the State Government may constitute a Committee to consider the proposals for notifying the land and price of the land. If such Committee is constituted by the State Government, the proposal for notifying the land, and price of the land shall be placed before the Committee. After the approval of the Committee the Commissioner Colonisation/Collector concerned as the case may be, shall notify the land and price of the land to be sold by special allotment.]
5 · [(1-A) The priorities of allotment in case of other persons who has been a bona fide agriculturist and a bona fide resident of Rajasthan 6 [for a period of not less than 20 years], shall be as under : -
1 · Added by Notfn. No. F.4(15) Col./92, dt. 01.09.1995.
2 · Added by Notfn. No. F.4(10) Rev./Col./75, dt. 20.02.1980.
3 · Substituted by Notfn. No. F.4(11) Col./81, dt. 17.01.2000.
4 · Inserted by Notfn. No. F.4(17) Col./97, dt. 12.07.2001.
5 · Inserted by Notfn. No. F.4(2) Col/92, dt. 03.01.1995.
2 · [(ii) The contents of notice shall be made widely known in the locality, in which land proposed to be sold by special allotment is situated,-
4 · [Provided that the Allotting Authority may consider any application received after the expiry of the time so specified for reasons to be recorded in writing.]
1 · [XXXX]
4 · [(ii) Twenty-five percent of the notified price shall be paid by the allottee at the time of issue of the allotment order, and 5 [ten] percent of the notified price shall be paid by him before taking actual possession of the land allotted to him.
1 · Delected by Notfn. No. F.4(9) Rev./Col./87, dt. 22.09.1988.
2 · Inserted by Notfn. No. F.4(2) Col/92, dt. 12.03.1992.
3 · Substituted by Notfn. No. F.4(9) Rev/Col./87, dt. 22.09.1988.
4 · Substituted by Notfn. No. F.4(10) Rev/Col/75, dt. 20.08.1981.
5 · Substituted by Notfn. No. F.4(10) Rev/Col/75, dt. 25.11.1983.
4 · [Provided that if an allottee pays total price of the land allotted to him in lump-sum at the time of issue of the allotment order, the allottee shall be allowed a rebate of 15% of the price of allotted land.] 5 [Provided that if any allottee fails to deposit the instalment on due date, as prescribed in the allotment order, the allotment shall be deemed cancelled without any notice.] 6 [Provided further that if an allottee deposites all or some of his remaining instalments atleast 12 months before the date on which they fall due, then rebate at the rate of 4% per year shall be admissible on each such instalments paid in advance.] [(iii-A) For special allotment in second stage, 20% of the notified price shall be paid by the allottee at the time of issue of the allotment order and thereafter actual possession will be [twelve yearly equal instalments] A will remain as such as prescribed in the
7 · given to him and remaining 80% amount shall be recovered in 8 from the allottee. The other conditions of the Rule 13 -said rule.]
1 · Substituted by Notfn. No. F.4(10) Rev/Col/75, dt. 25.11.1983.
2 · Substituted by Notfn. No. F.4(8)/Col/98, dt. 12.10.2000.
3 · Substituted by Notfn. No. F.4(8)/Col/98, dt. 12.10.2000.
4 · Added by Notfn. No. F.4(2) Col/92, dt. 22.07.1995.
5 · Added by Notfn. No. F.4(2) Col/92, dt. 01.03.1996.
6 · Inserted by Notfn. No. F.4(11) Col/98, dt. 20.05.2009.
7 · Inserted by Notfn. No. F.4(1) Col./2001, dt. 28.11.2004.
8 · Substituted by Notfn. No. F.4(1) Col./2001, dt. 13.05.2005.
1 · [(iv) In case more than one eligible persons of the same category applying for allotment of the same plot of land, allotment shall be made by 2 [sealed bid] amongst these persons, but the highest bid shall not be sanctioned by the Allotting Authority if it is less than the maximum price for a check notified under rule 13 -A.]
3 · [Provided that the applicants to whom land could not be allotted due to the above procedure, may be allotted alternative unallotted land out of those lands which were previously notified and applications were invited for allotment of those lands, if there are no pending applications from other applicants for allotment such unallotted land.]
4 · [(v) XXXX]
5 · [(vii) 6 [If any Government land allotted as Uncommand land on or after 21 st January, 1992, subsequently becomes command land], the allottee or his transferee including subsequent transferee, in possession of the land, as the case may be, shall pay to the State Government the price fixed for the nearest command land in the same chak notified under Rule 13-A(1) at the time of the initial allotment of the Uncommand land, and in case the price of command land in the same chak has not been fixed under this rule at the time of initial allotment of uncommand land then the price of command land in the nearnest chak, increased @ 15% per annum from the date of initial allotment upto the land becoming command land less the price which he has already paid for the allotment of the uncommand land.]
7 · [ 8 [(viii-a)] If any land allotted as a command land is subsequently declared as an uncommand land by a competent authority before its price having been fully paid-up, the price of such land shall be charged as payable for un-command land and the amount already paid shall be adjusted towards such price, the amount paid in excess being refundable.
1 · [Explanation – "Sealed bid" means the application in Form No. 23.]
2 · [ 3 [(viii-b)] If the allotment of land to an allottee has been cancelled or deemed cancelled as per provisions of these rules for non-payament of price of land then if the allottee applies within six months from the date of cancellation or the date of deemed cancellation of allotment or from the date of this notification the allotment shall be restored on payment of unpaid price in a lump sum with 12% interest per annum.]
4 · [(ix) Where the allotment of land to an allottee has been cancelled or deemed to have been cancelled for non -payment of price of land as per the provisions of these rules and the land has not been allotted to any other person, the allotment shall be restored if the allottee deposits the remaining unpaid price of land (without any interest) as lump-sum amount up to 5 [31.12.2013].]
6 · [13-B. Notwithstanding any thing contained in Rule 13-A, a land allotted before 31.12.1992 to a person eligible for allotment as a sale by special allotment under the said rule, but such allotment being invalid on the ground that the land so allotted was not notified in the official gazette as required may be regularised by Collector/Commissioner on payment of the present cost of land calculated at rates for special allotment prevailing on the date of application for regularisation. The present rates for special allotment shall be determined by the Commissioner keeping in view the rate of land of similar soil classification notified for the special allotment in the same or the nearby chak at the time of earlier allotment and by affecting 15% yearly increase in them. The rate so determined shall be notified. The application for such regularisation shall have to be submitted within a period of 180 days or upto the time to be extended by the Government from time to time from the date of issue of notification of rates at which land shall be regularised. The amount if any already paid shall be adjusted if it is in excess of 35% of the present cost, the balance shall have to be deposited alongwith application of regularisation. The remaining price shall be recovered as per the provisions of clause 3 of sub-rule 5 of Rule 13-A :
14 · Allotment of small patch.- (1) Notwithstanding anything to the contrary contained in these rules, small patch of Government land may be allotted, to a tenure tenant whose tenure land adjoins such patch, subject to the ceiling area at 7 [half of the index price or the reserve price, whichever is higher]:
1 · [Provided that if the tenant of the adjoining land fails to apply for the allotment of small patch, the Allotting Authority shall make arrangement for making allotment of such small patch to the tenure tenant of the same chak or of the adjoining chak.]
2 · [(2) In case more than one tenants apply for the allotment of the same small patch, allotment shall be made to the tenant of same murabba.] 3 [(3) The price of small patch shall be payable by the allottee in 4 [four annual instalments], the first instalment being payable within a fortnight of the order of allotment in the current financial year of the allotment. The due date in respect of the 5 [second and subsequent instalments] shall be the date of the year corresponding to the date on which the allotment was done in the next financial year. Interest at the rate of 12% per annum shall be charged from the defaulter of payment of an instalment on the due date :] Provided that if such small patch is allotted to a landless person to raise his holding to 25 bighas, the price and mode of payment shall be as prescribed in rule 17. 6 [Provided further that in case a tenure tenant to whom a small patch of Government land has been allotted under this rule and who is prepared to pay the price of such small patch of land in lump sum and within 7 [663] days of the date of publication of the Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) (Amendment) Rules, 1983 in the Official Gazette, the price payable by him shall be such as is provided for in sub -rule (1) of rule 17 and is applicable to the soil class of such small patch under the said subrule of the said rule.] 8 [Provided also that if an allottee pays total price of the land allotted to him in lump sum before the date on which the first instalment becomes due, the allottee shall be allowed a rebate of 10% of the price of allotted land.]
9 · [Provided also that if an allottee deposits, all or some of his remaining instalments at least 12 months before the date on which they fall due, then rebate at the rate of 4% per year shall be admissible on each such instalment paid in advance.]
1 · [14-A. Allotment of medium patch.- (1) Notwithstanding anything to the contrary contained in these rules, medium patch of Government land may be allotted to a tenure tenant whose tenure land adjoins such medium patch, subject to the ceiling area 2 [index price]:
3 · [Provided that if the tenant of the adjoining land fails to apply for the allotment of the medium patch, the allotting authority may allot such medium patch to the tenure tenants of the same chak or the adjoining chak subject to the ceiling limit:
4 · [(2) The price of such medium patch shall be payable by the allottee in 5 [four annual instalments], the first instalment being payable within a period of fortnight of the order of allotment in the current financial year. The due date in respect of the 6 [second and subsequent instalments] shall be the date of the year corresponding to the date on which the allotment was done in the next financial year. Interest at the rate of 12% per annum shall be charged from defaulter of payment of an instalment on the due date.]
7 · [Provided that if an allottee pays total price of the land allotted to him in lump sum before the date on which the first instalment becomes, due, the allottee shall be allowed a rebate of 10% of the price of allotted land.]
8 · [Provided further that if an allottee deposits all or some of his remaining instalments at least 12 months before that date on which they fall due, than rebate at the rate of 4% per year shall be admissible on each such instalment paid in advance.]
9 · [14-B. (1) Notwithstanding anything contained in these rules and subject to the specified or general directions of the Government, the allotting authority instead of ejecting a trespasser from the small and medium patch land occupied by adjacent tenant and 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 2 of 1973) :
15 · Computation of area.- (1) When land is held jointly by two or more persons as members of a joint family or as co-tenants, each one of them shall be deemed to be holder of so such area of land to which he may be entitled upon partition.
16 · Terms and conditions of allotment. -(1) The Rajasthan Colonisation (General Colony) Conditions, 1955, shall apply to all allotments of land made under these rules.
3 · [(1-a) In case where allotment of land is made to a married agriculturist, the allotment shall be made in the joint name of husband and wife and the allottees, in such case shall be deemed to be joint allottees.]
1 · Substituted by Notfn. No. F.4(5) Col/09, dt. 03.09.2009.
2 · Inserted by Notfn. No. F.4(5) Rev./Col/82, dt. 08.11.1982.
3 · Inserted by Notfn. No. F.4(17) Col/97, dt. 11.09.2002.
2 · [(6) If the concerned District Magistrate reports that any allottee of land is involved in any anti-national activities, the allotment of land shall be liable to cancellation by the allotting authority and upon cancellation of allotment, the land shall revert to the State Government free of encumbrances and the allottee shall not be entitled to any compensation. The report of the District Magistrate shall be final and the allotting authority shall be bound to accept the same.] 17. Scale of price and mode of payment.- (1) For Government land allotted under these rules, the price at the following scale for each soil class, as sanctioned by the Collector, shall be charged from the allottee : -
1 · [Provided that for the Johar Paitan Land situated anywhere or the Government land situated 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, 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 is allottied to any landless person other than the person of a Scheduled Caste or Scheduled Tribe, the scale of price to be charged shall be four times of the reserve price fixed by the Government for that class of land, but from an allottee belonging to a Scheduled Caste or Schedule Tribe, the scale of price shall be double the reserve price mentioned above.]
2 · [Provided also that subject to the general or specific directions of the State Government, the temporary cultivation lease holders to whom land has been allotted under the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970, 3 [whether thay have acquired Khtedari rights or not under the said rules and ] after declaration of such area as colony, such temporary cultivation lease holders shall be eligible for permanent allotment to the extent of ceiling limit under these Rules on the payment of 20% of the reserve price of general allotment in one instalment but in case of persons belonging to Scheduled Caste/Scheduled Tribe/Other Backward Classes or Below Poverty Line familiees shall pay 10% of the reserve price of general allotment in one instalment.]
4 · [(2) 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.]
5 · [(3) All annual instalments prescribed in sub-rule (6) shall be paid by the allottees at the nearest sub -treasury on or before the 15 th August every year failing which interest at the rate of 18% per annum shall be payable on the amount of such instalments from its due date until its payment:
1 · Substituted by Notfn. No. F.4(10) Rev/Col/75, dt. 24.01.1981.
2 · Added by Notfn. No. F.4(2) Col/2005, dt. 28.05.2007.
1 · [(6) An allottee shall pay the price of Government land allotted to him in the following annual instalments, commencing from the year in which the irrigation water is let out for such land or two years after the date of allotment, whichever is later:
2 · [If land is partly command and partly uncommand, the payment of the instalments of uncommand land shall be made in the same manner as the instalments command land are paid]:-
1 · [(6A) An allottee of Johar Paitan land situated anywhere or the Government land situated within a radius of 12 Km. from the periphery of a city having population of one lakh persons or more, or within a radius 8 Km. from the periphery of a town having population of fity thousand or more but less than one lakh, 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 shall deposit 25% of the total price of the land at the time of allotment and 15% of such price after one year of the allotment, and, the remaining 60% in three equal yearly instalments, the first of which shall be deposited on the expiry of two years commencing from the date of the allotment.
1 · Inserted by Notfn. No. F.4(8) Rev/Col/76, dt. 20.09.1978 and substituted by Notfn. No. F. 4(10) Rev/Col/75, dt. 24.01.1981.
1 · [(8) All annual instalments prescribed in sub-rule (6) shall be paid by the allottees at the nearest sub -treasury on or before the 15 th August every year failing which 2 [interest @ 12% per annum] shall be payable on the amount of such instalment from its due date until its payment:
5 · admissible on each such instalments paid in advance.]
18 · Issue of notice of sale by Auction.- (1) The Allotting Authority shall cause a public notice to be issued in Form -XIII giving full details of the land to be sold by 2 [sealed bid], viz., number of chak, number of the square and killa and the date and place of auction.
19 · Officer conducting the 4 [sealed bid].5 [Sale by 6 [sealed bid] under these rules shall be hold by the Allotting Authority appointed by the Colonisation Commissioner with the recommendation of 7[sealed bid] Committee appointed by the State Government.]
1 · Substituted by Notfn. No. F.4(15) Col/92, dt. 01.09.1995.
2 · Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
3 · Substituted by Notfn. No. F.4(3) Col/2009, dt. 20.09.2011.
4 · Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
5 · Substituted by Notfn. No. F.4(9) Rev/ Col/87, dt. 03.09.1987.
6 · Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
7 · Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
20 · Conditions of Sale. -The following shall be the conditions of sale under these rules :-
1 · Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
2 · Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
3 · Substituted by Notfn. No. F.4(9) Rev/ Col/87, dt. 03.09.1987.
4 · Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
5 · Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
6 · Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
7 · Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
1 · Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
2 · Substituted by Notfn. No. F.4(16) Col/99, dt. 29.02.2008.
3 · Substituted by Notfn. No. F.4(1) Col/01, dt. 28.11.2004.
4 · Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
5 · Added by Notfn. No. F.14(8) Col/2009, dt. 29.05.2013.
1 · [(k) If at any time any Government land sold as uncommand land/barani land becomes command land, the purchaser or his transferee, including subsequent transferres in possession of the land as the case may be, shall pay to the State Government, the price of command land notified by the State Government at the time of the sale of uncommand/barani land of the same murabba/chak and in case the price of command land in the same murabba/chak has not been fixed then the price of command land in the nearest murabba/chak or the price offered in open auction at the time of sale of uncommand land, whichever is higher, along with interest @ 12% per annum from the date of sale of uncommand land and up to the date of paying the difference amount of command land, less the price of which he has already paid for the uncommand/barrani land.]
21 · Cancellation of Allotment. -If at any time it is discovered that any allotment of Government land was made under these rules upon an incorrect statement of facts made in the application or in the affidavit or any other document produced by an allottee, the Allotting Authority, may order cancellation of such allotment and may also order re-entry upon and taking possession of the land 2[and the amount of instalments already paid shall be forfeited]:
3 · [21-A. Regularisation of certain cases of trespasser.(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 trespasser form 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 2 of 1973) :
4 · [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(19) Col/99, dt. 28.04.2007.
2 · Added by Notfn. No. F.4(15) Col/92, dt. 17.02.1997.
3 · Added by Notfn. No. F.4(16) Col/99, dt. 26.11.2004.
4 · Substituted by Notfn. No. F.4(16) Col/99, dt. 11.01.2008.
1 · [(8) Notwithstanding anything contained in these rules, the Agriculutre 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 gair-khatedari 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 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.]
1 · Substituted by Notfn. No. F.4(2) Col/2007, dt. 04.08.2008.
1 · [(9) Notwithstanding anything contained in these rules, the cultivatiors who got khatedari rights as per the provisions of Section 12 of the Rajasthan Land Reforms and Jagir Resumption Act, 1952 and said section was omitted by Act No. 13 of 1954 with effect from 18 th day of February, 1952 and if the said cultivators or his successors or their transferees is landless and continuously in possession and 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 adjusting the amount already deposited, if any.]
22 · Powers of Colonisation Officers. -(1) The Colonisation Commissioner, the Allotting Authority and the Colonisation Tehsildar shall exercise powers conferred by and perform the functions assigned to them under these rules.
23 · Appeal and Revision.- (1) Any person aggrieved by an order passed by an Allotting Authority may within 30 days from the date of such order, appeal to the Colonisation Commissioner.
3 · [23-A. Any person against whom an order cancelling his allotment of land has been passed or whose application for allotment of lands 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 the 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 · Added by Notfn. No. F.4(4) Col/04, dt. 03.10.2008.
2 · Substituted by Notfn. No. F.4(10) Rev/Col/75, dt. 29.12.1980.
3 · Inserted by Notfn. No. F.4(24) Rev/Col/82, dt. 24.01.1984 and substituted by Notfn. No. F.4(24) Rev/Col/82, dt. 18.01.1985.
24 · Allotment of Government Land in Special Cases.- (1) Notwithstanding anything contained in these rules the Government may make allotment to any person as a special case :
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.]
2 · [(2) 3 [If any Government land] allotted as uncommand/barani land 4 [on or after 21 st January, 1992, subsequently] becomes command land the allottee or his transferee, including subsequent transferee, in possession of land, as the case may be, shall pay to the State Government the price fixed for the allotment of command land under this Rule at the time of the initial allotment of the uncommand/barani land increased @ 15% per annum from the date of allotment upto the land becoming command land less the price which he has already paid for the allotment of uncommand/barani land.]
7 · [I/We], …………………………………… Son of ………………………………. Aged…………………. by Caste …………………………. Resident of ………………………. Do hereby solemnly state and affirm that the particulars given in para Nos. 1 to 9 above are true to 8 8 [my/our] knowledge and belief. Signature of the 9 [applicant/applicants] _________________________________
1 · [2. That price of the said allotted land measuring ………………….. bighas amounting to Rs. ………….. shall be payable to the State Government in the following instalments on or before the 15 th day of Augsut every year. These instalments shall be payable commencing from the year in which the irrigation water is let out for such land or two years after the date of allotment, whichever is later :-(A) 1 st year 2% of the total price 2 nd year 3% of the total price 3 rd year 4% of the total price 4 th year 5% of the total price 5 th year 6% of the total price 6 th year 8% of the total price 7 th year 8% of the total price 8 th year 8% of the total price
9 · th year 8% of the total price 10 th year 8% of the total price 11 th year 8% of the total price 12 th year 8% of the total price 13 th year 8% of the total price 14 th year 8% of the total price 15 th year 8% of the total price
1 · st year No instalment.
2 · nd year 2% of the total price 3 rd year 3% of the total price 4 th year 4% of the total price 5 th year 5% of the total price 6 th year 6% of the total price 7 th year 8% of the total price 8 th year 8% of the total price 9 th year 8% of the total price 10 th year 8% of the total price 11 th year 8% of the total price 12 th year 8% of the total price 13 th year 8% of the total price 14 th year 8% of the total price 15 th year 8% of the total price 16 th year 8% of the total price
50 · per cent of the auction money shall have to be deposited by the last bidder immediately on the conclusion of the bid by the auction officer and only after that his bid shall be recommended to the Colonisation Commissioner for confirmation.
1 · [XXXX]
1 · [XXXX]
2 · [FORM-XXIII]