Rajasthan Land Reforms And
Resumption Of Jagirs (Concessions For Khudkasht In Rajasthan Canal Project
Area) Rules, 1963
[04 April 1963]
Published
vide Notification No. F. 1(143) Revenue/A/57/Part 2, dated 10-2-1963, Published
in Rajasthan Gazette, Part 4-C, Supplement No. 1, dated 4-4-1963
In
exercise of the powers conferred by clause (i) of sub-section (2) of section 48
of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Rajasthan Act
6 of 1952), the State Government hereby makes the following rules, namely;-
Rule - 1. Short title and commencement :-
(1)
These
rules may be called "The Rajasthan Land Reforms and Resumption of Jagirs
(Concessions for Khudkasht in Rajasthan Canal Project Area) Rules, 1962".
(2)
They
shall come into force at once.
Rule - 2. General colony conditions to apply :-
The
statement of general conditions for colonies namely, the Rajasthan Colonisation
(General Colony) Condition, 1955, in so far as the said conditions are not
repugnant to these rules, shall govern all allotments of land made under these
rules.
Rule - 3. Form of application :-
An
application for allotment under these rules shall be made in Form No. 3
appended to the Rajasthan Land Reforms and Resumption of Jagirs Rules, 1954,
and submitted to the Commissioner for Khudkasht Lands through the Tehsildar of
the Tehsil in which the applicants Jagir was situated.
Rule - 4. List of persons selected :-
The
Commissioner for Khudkasht Lands shall send to the Deputy Commissioner
(Colonisation) concerned a list in Form A appended to these rules of persons
selected by him for allotment of land in the Rajasthan Canal Project Area and
shall keep a bound register in the same form of the persons so selected.
Rule - 5. Order of Priority :-
The
list of persons referred to in rule 4 above shall be arranged in an order of
priority to be determined by the Commissioner for Khudkasht Lands according to
the date of application.
[xxx]
Rule - 6. Allotment of lands :-
The
Deputy Commissioner (Colonisation) shall arrange the available lands in a
particular block that may be reserved by the Government for allotment of
Khudkasht lands, in such order of priority as may be necessary in view of the
class of soil, facilities of irrigation and other conveniences determined,
according to local conditions, and make allotment of [and] to the applicants
for Khudkasht.
Rule - 7. Extent of allotment :-
Each
Jagirdar shall be allotted only 20 bighas of land and he shall have to pay only
the betterment charges for it.
Rule - 8. Taking possession :-
(1)
The person
to whom allotment of land is made by the Deputy Commissioner (Colonisation)
under rule 6 shall on receipt of notice [x x x] taken possession of the land
allotted to him within one month of such allotment.
(2)
If the
allottee fails to take possession of the land allotted to him for three months
from the date of allotment, the allottee shall, be deemed to have declined the
allotment and the land shall, thereupon, be available for re-allotment to any
other person under these rules.
Rule - 9. Certificate of possession :-
The
Deputy Commissioner (Colonisation) or any other officer subordinate to him
authorised in this behalf, shall grant a certificate of taking over possession
with necessary detail in Form D appended to these rules. A copy of this
certificate shall also be forwarded at the same time to the Commissioner for
Khudkasht Lands for his record.
Rule - 10. Tenure of allotment :-
The
allotment shall be on a Ghair Khatedari tenancy from the date of taking over
possession till the payment of full amount of betterment charges in the
instalments or in lump sum at any earlier date. The allottee shall thereafter
be eligible for the conferment of Khatedari rights in accordance with the
provisions contained in rule 15 of these rules.
Rule - 11. Time for payment of dues :-
The
land revenue, rents and such other dues as may be ordered to be paid, by the
Collector, or by the officers of the Irrigation Department in respect of
Irrigation charges, shall be payable by the allottee at such time as may be
fixed by the authorities concerned.
Rule - 12. Price of land :-
The
price of land which may be fixed by the Government and such other charges as
may be payable along with such price, shall be payable in the instalments
sanctioned by the Government, with interest at such rate or rates as may be
fixed from time to time by the Government.
Rule - 13. Price when to be paid :-
An
allottee shall make an advance payment [rupees two hundred and fifty] for
obtaining an allotment order in Form C appended to these rules and for an order
in Form D similarly appended for taking possession of the land. Payment of the
price of land and interest as also betterment charges including such other
charges as may be included in or deemed to be realisable with the said price,
shall commence two years after taking over possession or the date from which
irrigation facilities are available, whichever later.
Rule - 14. Instalments-Time of payment :-
The
instalments of the dues referred to in rule 13 above shall be payable along
with the instalments of land revenue or rent payable to the Government.
Rule - 14A :-
(1)
The
price of the different kinds of Government lands [x x x] in the Rajasthan Canal
Project Area under these rules shall be as follows:-
|
No.
|
Class of soil
|
Price
|
|
Per bigha
|
Per murabba of 25 bighas
|
|
1
|
2
|
3
|
4
|
|
1.
|
Nail
|
1400/-
|
35,000/-
|
|
2.
|
Light
Loam
|
1181.25
|
29531.25
|
|
3.
|
Sandy
Loam
|
875/-
|
21875/-
|
|
4.
|
Uncommand
Land
|
262.50
|
6562.50
|
(2)
The price mentioned in sub-rule (1)
shall be recoverable in instalments as indicated below in respect of each
square of 25 bighas for the different soil classes of land sanctioned by the
Collector as defined in clause (i) of section 2 of the Rajasthan Colonisation
Act, 1954:-
|
[1st
Year
|
2%
of the total cost
|
|
2nd
Year
|
3%
of the total cost
|
|
3rd
Year
|
4%
of the total cost
|
|
4th
Year
|
5%
of the total cost
|
|
5th
Year
|
6%
of the total cost
|
|
6th
Year
|
8%
of the total cost
|
|
7th
Year
|
8%
of the total cost
|
|
8th
Year
|
8%
of the total cost
|
|
9th
Year
|
8%
of the total cost
|
|
10th
Year
|
8%
of the total cost
|
|
11th
Year
|
8%
of the total cost
|
|
12th
Year
|
8%
of the total cost
|
|
13th
Year
|
8%
of the total cost
|
|
14th
Year
|
8%
of the total cost
|
|
15th
Year
|
8%
of the total cost]
|
(3)
No betterment fee shall be charged
on Government lands allotted at the prices mentioned in sub-rule (1).
(4)
Betterment fee shall be charged on
Government lands allotted free of cost under these rules.
(5)
The amount of advance payment
deposited by the allottee at the time of allotment, if any shall be adjusted at
the time of recovery of the 12½% of the price.
(6)
All annual instalments shall be
liable to be paid by the allottee at the nearest sub-treasury on or before the
15th of July and interest @9% per annum shall be charged on the amount f
instalments falling into arrears on that date.
(7)
In case any land allotted as
uncommand becomes command, at any time subsequently, the market price prevalent
at the time shall be charged and in case any land sold as command is declared
as uncommand by the Irrigation Department before its price is fully paid up,
the amount paid towards the payment of the price thereof as command land will
be adjusted towards the price and instalments payable for it as uncommand land
and any amount paid in excess thereof will be refunded to the allottee.
(8)
After allotment of land to each
individual allottee, the Deputy Colonisation Commissioner shall prepare for
each allottee a demand statement of the instalments to be realised from him and
shall send it to the Collector and then it shall be the duty of the collector
to realise from the allottee
the instalments as and when they fall due and to maintain ledger and account
registers connected therewith. The amounts realised as well as the instalments
falling in arrears with regard to each allottee shall be reported by the
Collector after each year to Colonisation Commissioner and the Deputy
Colonisation Commissioner, if any.
Rule - 14B. Allotment of small patches of Government land :-
(1)
Notwithstanding
anything contained in these rules, small patches of Government land measuring
up to 5 Bighas may be allotted to an allottee under these rules whose allotted
land is in the same Murabba at the prevailing market price and the price of
such land shall be payable by the allottee within a fortnight from the date of
the order of allotment.
(2)
In
case there are more than one such allottees eligible for allotment of such
land, allotment shall be made by drawal of lots against them.
Rule - 15. Accrual of Khatedari Rights :-
On
the full payment of all the instalments as they fall due, or at the choice of
the allottee in lump sum at any earlier date, Khatedari rights shall accrue to
the allottee in accordance with the General colony Conditions for the time
being in force as issued under the Rajasthan Colonisation Act, 1954 (Rajasthan
Act No. XXVII of 1954).
Rule - 16. Taccavi :-
Taccavi
will be given to a Jagirdar who has been allotted land in the Rajasthan Canal
Project Area under these rules in accordance with the Rajasthan Agricultural
Loans (Taccavi) Rules, 1958, subject to the modifications hereinafter
contained.
Rule - 17. Applications :-
An
application for taccavi under these rules shall be submitted to the Tehsildar
of the Tehsil in which the original residence of the Jagirdar concerned is
situated.
Rule - 18. Enquiry by Tehsildar :-
The
Tehsildar of the Tehsil mentioned in rule 17 above shall complete the enquiry,
so far as it may be, and submit the file to the Commissioner for Khudkasht
Lands for sanction.
Rule - 19. Maximum amount of Taccavi :-
The
following shall ordinarily be the maximum amounts to be granted as Taccavi
loans :-
|
1.
|
For
purchase of bullocks
|
Rs.
750/-
|
|
2.
|
For
construction of a house
|
Rs.
2,000/- or 2/3rd of the cost of house whichever is less.
|
|
3.
|
For
construction of a common drinking-water tank or diggi to each individual
participating in such construction
|
Rs.
150/-
|
|
4.
|
For
purchase of seeds, etc. (Short term loan)
|
Rs.
500/-
|
Rule - 20. Terms of repayment :-
The
Taccavi loans shall be free of interest and shall be repayable in ten annual
instalments commencing after two years from the date on which such loans are
paid in accordance with the rules.
Rule - 21. Loan for bullocks :-
A
loan for the purchase of bullocks shall be advanced only on the applicants
producing the certificate of taking over possession of land granted under rule
9 of these rules.
Rule - 22. Loan for house :-
A
loan for the construction of a house shall not be granted unless the allottee
has actually proceeded to the area marked for his rehabilitation and taken up
his residence there is a hut or some other Kutcha structure.
Rule - 23. Instalments for advance of loan for house :-
A
loan for the construction of a house shall be given in the following
instalments:-
|
(1)
|
Immediately
on sanction of the loan
|
Fifty
percent of the sanctioned amount.
|
|
(2)
|
When
the Revenue Tehsildar of the area where construction work is taken up, is
satisfied that the construction of the house is well in progress
|
Twenty
five percent of the sanctioned amount
|
|
(3)
|
When
such Revenue Tehsildar is satisfied that more than half the construction work
of the house is over
|
Twenty
five percent of the sanctioned amount.
|
Rule - 24. House to be constructed within six months :-
The construction of the house for which the loan is advanced
shall be completed within six months of the payment of the loan. The conditions
prescribed in the Rajasthan Colonisation (General Colony) Conditions, 1955, for
time being in force shall be applicable to all such constructions.
Form A
(See rule 4)
List of the persons to whom allotment of land for Khudkasht
is sanctioned in the Rajasthan Canal Project Area.
|
S.No.
|
Name of Jagirdar
|
Fathers Name
|
Place of residence (village)
|
Tehsil
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
|
District
|
Place where land is allotted
|
Area Allotted
|
Remarks
|
|
6
|
7
|
8
|
9
|
|
|
|
|
|
Signature
of Commissioner for Khudkasht Lands